Pom Wonderful LLC v. The Coca Cola Company et al
| Pom Wonderful LLC |
| DOES and The Coca Cola Company |
| 2:2008cv06237 |
| July 29, 2009 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| Fernando M. Olguin |
| S. James Otero |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Docket Report
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| Filing 382 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals 377 filed by Pom Wonderful LLC ; Court of Appeals Case Number: 10-55861. (dmap) |
| Filing 381 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 9/8/2009; Court Reporter: Not Present; Court of Appeals Case Number: 10-55861; Re: 377 (Beck, Daniel) |
| Filing 380 NOTIFICATION by Circuit Court of Appellate Docket Number 10-55861, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 377 as to Plaintiff Pom Wonderful LLC. (cbr) |
| Filing 379 Civil Appeals Docketing Statement received from Plaintiff Pom Wonderful LLC forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals, 377 (Beck, Daniel) |
| Filing 378 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 377 . (Beck, Daniel) |
| Filing 377 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Pom Wonderful LLC. Appeal of Order 25 , Judgment 376 , Order on Motion for Partial Summary Judgment, Order on Motion for Summary Judgment,, 360 . (Filing fee $455, receipt number 0973-7023144.) (Beck, Daniel) |
| Filing 376 FINAL JUDGMENT is hereby entered in favor of Defendant The Coca-Cola Company and against plaintiff Pom Wonderful LLC (MD JS-6, Case Terminated). (lc) |
Filing 375
FINAL PRETRIAL CONFERENCE ORDER and consent to entry of final judgment; the pretrial conference which is currently scheduled for May 28, 2010, is vacated. Similarly, the trial date currently scheduled to commence on June 7, 2010 is vacated by Judge S. James Otero (lc)
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| Filing 374 NOTICE OF LODGING filed re Proposed Final Judgment re Notice of Lodging Proposed Pretrial Order 373 (Attachments: # 1 Proposed Order)(Silverman, Daniel) |
| Filing 373 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Pom Wonderful LLC. (Amended PTCO) (Attachments: # 1 Proposed Order, # 2 Exhibit A)(Silverman, Daniel) |
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Filing 372
MINUTES OF (IN CHAMBERS) ORDER Regarding Filing Pretrial Documents by Judge S. James Otero. Because pretrial is FRIDAY MAY 28, 2010, the Court requests that the parties re-file pretrial documents consistent with this Court's May 5, 2010 Summary Judgment Order. Accordingly, the parties are ordered to re-file all pretrial documents by TUESDAY MAY 25, 2010 at 1 p.m. (sch)
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| Filing 371 SEALED DOCUMENT- Exhibits A through D to the Declaration of Daniel A. Beck in Support of Plaintiff POM Wonderful LLC's Motions in Limine. (Attachments: Part 2, Part 3, Part 4)(mat) |
| Filing 370 SEALED DOCUMENT- Exhibits A through S to the Declaration of Michael M. Vasseghi in Support of Plaintiff's Oppositions to Defendant's Motions in Limine. (Attachments: Part 2)(mat) (Additional attachment(s) added on 5/14/2010: Part 3) (mat). |
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Filing 369
ORDER by Judge S. James Otero: Application to seal Minute Maid's Reply brief in further support of Motion in limine No 1 to exclude Expert Testimony of Joseph Anastasi and (2) Exhibit 1 to the 2/16/10 Declaration of Sarah E Zgliniec 293 DENIED. (ir)
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Filing 368
ORDER by Judge S. James Otero: Application for order to seal 265 granted in part and denied in part (See document for specific details). (ir)
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Filing 367
ORDER by Judge S. James Otero: Application to Seal Exhibits A through D to the Declaration of Daniel A Beck 208 are sealed. (ir)
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Filing 366
ORDER by Judge S. James Otero: Application to seal 314 DENIED. All copies are returned to counsel. (ir)
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Filing 365
ORDER by Judge S. James Otero: Application to seal deefndant's memorandum of Contentions of Law and Fact 241 DENIED. All copies returned to counsel. (ir)
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Filing 364
ORDER by Judge S. James Otero: Application to seal 269 DENIED. All copies returned to counsel. (ir)
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Filing 363
MINUTES OF (IN CHAMBERS) ORDER by Judge S. James Otero. The Court continues the pretrial conference to Friday, May 28, 2010 at 9:00 a.m. The trial date remains set as scheduled. (sch)
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| Filing 362 NOTICE OF FILING TRANSCRIPT filed for proceedings 4-8-10 3:06 p.m. (ha) |
| Filing 361 TRANSCRIPT for proceedings held on 4-8-10 3:06 p.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/27/2010. Redacted Transcript Deadline set for 6/6/2010. Release of Transcript Restriction set for 8/4/2010. (ha) |
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Filing 360
ORDER GRANTING IN PART, DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO FED. R. CIV. P. 56; DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY ADJUDICATION RE: DEFENDANT'S AFFIRMATIVE DEFENSES OF SAFE HARBOR AND COMPLIANCE WITH LAWS 149 , 150 by Judge S. James Otero (lc)
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Filing 359
ORDER GRANTING DEFENDANTS REQUEST FOR RETURN OF DEPOSITION TRANSCRIPTS ERRONEOUSLY MARKED 354 : The deposition transcripts lodged by Defendant on March 30, 2010, be returned to Defendant by Judge S. James Otero (lc)
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| Filing 358 SECOND SUPPLEMENTAL Exhibit List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 357 FIRST SUPPLEMENTAL Exhibit List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 356 SECOND SUPPLEMENTAL Exhibit List filed by Defendant The Coca Cola Company.. (Jones, Kenneth) |
| Filing 355 Witness List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 354 Notice of Withdrawal of Notice of Lodging 346 filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order Proposed Order Returning Deposition Transcript)(Jones, Kenneth) |
| Filing 353 RESPONSE filed by Plaintiff Pom Wonderful LLCto Supplement(Motion related) 352 (Beck, Daniel) |
| Filing 352 SUPPLEMENT to MOTION for Summary Judgment as to First Amended Complaint 150 Regarding Recent 9th Circuit Authority filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit A)(Sands, Cynthia) |
| Filing 350 RESPONSE filed by Plaintiff Pom Wonderful LLCto Supplement(Motion related) 349 (Beck, Daniel) |
| Filing 349 SUPPLEMENT to MOTION for Summary Judgment as to First Amended Complaint 150 Regarding Recent Authority filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 351 MINUTES of Telephonic Status Conference held before Judge S. James Otero: The Court continues the Pretrial Conference to 5/24/2010 at 09:00 AM and the Jury Trial to 6/7/2010 at 09:00 AM before Judge S. James Otero. Court Reporter: Not Present. (mg) |
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Filing 348
ORDER the deposition transcripts of Ray Kivetz, Jeffrey Bernard Blumberg and Susan Kay Martin that Defendant inadvertently lodged with the Court on March 30, 2010 be returned to defendant 346 , 347 by Judge S. James Otero (lc)
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| Filing 347 Notice of Withdrawal of Notice of Lodging 346 filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order Granting Request for Return of Deposition Transcripts Inadvertently Lodged With the Court)(Sands, Cynthia) |
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Filing 345
ORDER by Judge S. James Otero: denying 343 Joint Motion for court reporter at trial. (lc)
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| Filing 344 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint MOTION for Leave to have Court Reporter for Jury Trial 343 . The following error(s) was found: Erroneous Hearing was scheduled, the document itself does not require a hearing, therefore the clerk has termed Only that erroneous hearing. It is noted a proposed order was submitted. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 346 LIST OF DEPOSITION TRANSCRIPTS TO BE LODGED (see document for list of 16 deposition transcripts) filed by defendant The Coca Cola Company (lc) |
| Filing 343 NOTICE OF MOTION AND Joint MOTION for Leave to have Court Reporter for Jury Trial filed by Defendant The Coca Cola Company. Motion set for hearing on 4/12/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 342 INDEX of the Parties' Deposition Designations and Objections re: TCCC's Witnesses re: Miscellaneous Document 340 (Sands, Cynthia) |
| Filing 341 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of Deposition Transcripts. (Sands, Cynthia) |
| Filing 340 INDEX of Deposition Designations for Trial and Objections Thereto filed by Plaintiff Pom Wonderful LLC (L.R. 16-2.7(c)) (Beck, Daniel) |
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Filing 339
MINUTES OF (IN CHAMBERS) ORDER by Judge S. James Otero. The Court continues the pretrial conference to Monday, April 12, 2010 at 9:00 a.m. (sch)
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| Filing 338 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Deposition Transcripts Lodged With Court For Trial. (Beck, Daniel) |
| Filing 337 RESPONSE filed by Defendant The Coca Cola Companyto Exhibit List 335 , Objections - non-motion 336 in Support of Defendant's Supplemental Exhibit List (Jones, Kenneth) |
| Filing 336 OBJECTIONS to Exhibit List 335 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 335 SUPPLEMENTAL Exhibit List filed by Defendant The Coca Cola Company.. (Jones, Kenneth) |
| Filing 334 OBJECTION to Defendant's Application to File Under Seal filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 333 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: Due to the Courts heavy trial calendar the Court continues the pretrial Monday, April 5, 2010 9:00 a.m and the jury trial to Tuesday, April 13, 2010 9:00 a.m. Counsel are advised that if Judge Otero is still involved in a criminal trial that this matter will be placed on trailing status and will commence immediately upon the conclusion of that trial. (lc) |
| Filing 331 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order (Pretrial Conference Order))(Beck, Daniel) |
| Filing 330 PRETRIAL STIPULATION regarding Exhibits. (Beck, Daniel) |
| Filing 329 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Binder of Plaintiff's Motions in Limine Nos. 1-7 and Oppositions and Replies Thereto. (Beck, Daniel) |
| Filing 328 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of Motions in Limine Nos. 1-7 and Oppositions and Replies Thereto Binder. (Jones, Kenneth) |
| Filing 332 APPLICATION for Order to file under seal: Supplemental Reply in Support of Ex Parte Application, Declaration of Travis J. Tu filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 327 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of 1) Def's Supplemental Reply in Support of Ex Parte Application; 2) Declaration of Travis J. Tu; 3) Exhibit 1 to Declaration of Travis J. Tu; 4) Application for an Order Granting Permission to File Under Seal; 5) [Proposed] Order Granting Application to Seal. (Jones, Kenneth) |
| Filing 326 NOTICE of Change of Attorney Information for attorney Kenneth M Jones counsel for Defendant The Coca Cola Company.Derek A. Williams is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant The Coca-Cola Company (Jones, Kenneth) |
| Filing 325 JOINT SECOND AMENDED Exhibit List filed by Plaintiff Pom Wonderful LLC.. (Beck, Daniel) |
| Filing 324 RESPONSE filed by Plaintiff Pom Wonderful LLCto Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines,,,,,,,, 316 (Beck, Daniel) |
| Filing 323 RESPONSE filed by Defendant The Coca Cola Companyto Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines,,,,,,,, 316 (Attachments: # 1 Proposed Order)(Sands, Cynthia) |
| Filing 322 REPLY in support of EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 317 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
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Filing 321
MINUTES (IN CHAMBERS): ORDER DENYING DEFENDANTS EX PARTE APPLICATION for Leave to Conduct Limited Expedited Discovery Relating to the 2/23/10 FDA Warning Letter to Plaintiff Pom Wonderful LLC 318 by Judge S. James Otero (lc)
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| Filing 320 OPPOSITION re: EX PARTE APPLICATION for Leave to Conduct Limited Expedited Discovery Relating to the 2/23/10 FDA Warning Letter to Plaintiff Pom Wonderful LLC 318 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Matt Tupper, # 2 Declaration of Daniel A. Beck)(Beck, Daniel) |
| Filing 319 OPPOSITION re: EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 317 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 318 EX PARTE APPLICATION for Leave to Conduct Limited Expedited Discovery Relating to the 2/23/10 FDA Warning Letter to Plaintiff Pom Wonderful LLC filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Robert W. Lehrburger, # 2 Exhibit 1, # 3 Exhibit 2 - A, # 4 Exhibit 2 - B, # 5 Exhibit 2 - C, # 6 Exhibit 2 - D, # 7 Exhibit 2 - E, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Proposed Order Granting Ex Parte Application)(Jones, Kenneth) |
| Filing 317 EX PARTE APPLICATION for Leave to Permitting Defendant to File A Supplemental Brief Regarding Recent Factual Developments: (1) In Further Support of Its MIL No 1; and in Further Opposition to Plaintiff's MIL No. 1 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Robert E. Lehrburger, # 2 Exhibit 1, # 3 Exhibit 2 - A, # 4 Exhibit 2 - B, # 5 Exhibit 2 - C, # 6 Exhibit 2 - D, # 7 Exhibit 2 - E, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Proposed Order Granting Ex Parte Application, # 16 Defendant's [Proposed] Supplemental Brief Regarding Recent Factual Developments, Etc..)(Jones, Kenneth) |
| Filing 316 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: ORDER TO SHOW CAUSE WHY DOCUMENTS SHOULD NOT BE UNSEALED: The Court hereby ORDERS the parties to show cause why documents should not beunsealed. Local Rule 79-5.1 requires parties to submit written applications for each documentsought to be filed under seal. In each of the applications filed between February 2, 2010 andMarch 3, 2010, the parties cite the Court's July 29, 2009 stipulated protective order. However,the majority of that which the parties seek to have filed under seal is unrelated to non-publicfinancial statements or ingredient-related information, which would be appropriately filed under seal. The large number of under seal filings in this case is creating an undue burden on the Court, and the Court intends to unseal all under seal documents in this case, unless it is compelled not to. To that end, the parties shall file responses on or before March 17, 2010. Failure to file responses by March 17, 2010 will result in the Court unsealing the above mentioned under seal documents. (lc) |
| Filing 315 JOINT AMENDED Exhibit List filed by Plaintiff Pom Wonderful LLC.. (Beck, Daniel) |
| Filing 313 MEMORANDUM in Support of APPLICATION for an Order to File Plaintiff's Confidential Information Under Seal (Manually filed by Defendant on 3/1/2010) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 314 APPLICATION to File plaintiffs confidential information under seal filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 312 Amended NOTICE of Manual Filing filed by Defendant The Coca Cola Company of Def's Response to Plf's Notice of Filing of Inadvertently Produced Privileged Docs [under seal], Declaration of Robert W. Lehrburger in Support of Def's Response to Plf's Notice of Filing of Inadvertently Produced Privileged Doc's [under seal], Exhibit 1, Exhibit 2, Exhibit 3 [under seal], Application for an Order Granting Permission to File Plf's Confidential Information Under Seal [under seal], Proposed Order Substituting Doc, Proposed Order Granting Application to Seal, Notice of Manual Filing, Proof of Service [under seal] and Amended Proof of Service [under seal]. (Jones, Kenneth) |
| Filing 311 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of 1 Def's Response to Plf's Notice of Filing of Inadvertently Produced Privileged Doc 2 Dec of Robert W Lehrburger 3 Exhibit 1 4 Exhibit 2 5 Exhibit 3 6 Application for Order Granting Permission to File Plf's Confidential Information Under Seal 7 Proposed Order Substituting Docs 8 Proposed Order Granting Application to Seal. (Jones, Kenneth) |
| Filing 310 RESPONSE TO PLAINTIFF'S NOTICE OF RECENT AUTHORITY re MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 , MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
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Filing 309
ORDER by Judge S. James Otero: Granting 305 Application to Appear Pro Hac Vice by Attorney Vivian Storm on behalf of Defendant The Coca-Cola Company, designating Kenneth M. Jones as local counsel. (sch)
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| Filing 308 NOTICE OF RECENT AUTHORITY re MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 , MOTION for Summary Judgment as to First Amended Complaint 150 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 307 OBJECTION in Opposition re: APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony 217 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 306 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 302 . The following error(s) was found: Other error(s) with document(s) are specified below. The document re error in filing, but Request the document be sealed, The correct event is: Request. Other error(s) with document(s): missing proposed order which should be submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 305 APPLICATION for attorney Vivian Ruth Mills Storm to Appear Pro Hac Vice (PHV Fee of $185 receipt number 0973-6571091 paid.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit Certificate of New York State Bar, # 2 Proposed Order)(Sands, Cynthia) |
| Filing 304 MEMORANDUM in Support of APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony 217 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 303 Notice of Withdrawal of Application for Order, 294 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Robert W. Lehrburger, # 2 Exhibit 1)(Sands, Cynthia) |
| Filing 302 NOTICE of Filing Of Inadvertently Produced Privileged Document filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 301 MEMORANDUM in Support of APPLICATION to Seal 298 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 300 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice (Other) 290 . The following error(s) was found: Incorrect event selected. The correct event is: Errata. Document was Not linked to the document which has the error.In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) |
| Filing 297 MEMORANDUM in Support of APPLICATION for Order for file under seal 291 (1) Pom's Reply Brief in Support of its Motion in Limine No. 1 to Exclude Opinions and Report of Rebuttal Damages Expert Dr. Jeffrey Blumberg; and (2) February 16, 2010 Declaration of Joseph Anastasi in Support of Plaintiff's Motion in Limine filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 299 PROOF OF SERVICE filed by Plaintiff Pom Wonderful LLC, re Plaintiff's Corrected Memorandum of Points and Authorities in Opposition to Defendants's Motion in Limine No. 3; Corrected Exhibit G to the Declaration of Michael M Vasseghi; Plaintiff's APPLICATION to Seal 298 ; [Proposed] Order Granting Application to Seal; served on 2/17/10. (mg) |
| Filing 298 APPLICATION for Order to Seal filed by Plaintiff Pom Wonderful LLC. Lodged proposed order. (mg) |
| Filing 296 NOTICE of Public Filing of Redacted Version of Document Previously Filed Under Seal filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit A)(Sands, Cynthia) |
| Filing 290 NOTICE of Errata filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 289 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) [Proposed] Order; (3) Plaintiff's [Corrected] Memorandum of Points and Authorities In Opp. to Defendant's Motion in Limine 3; (4) [Corrected] Ex. G to the Decl. of Michael M. Vasseghi in Support of Plaintiff's Opp. to Defendant's Motions in Limine (5) Proof of Service. (Beck, Daniel) |
| Filing 295 PROOF SERVICE filed by defendant The Coca Cola Company, re APPLICATION for Order for to file under seal 294 , APPLICATION for Order for file defendants confidential information under seal 293 served on 2/16/10 (see document for list of documents. (lc) |
| Filing 294 APPLICATION for Order to file under seal plaintiffs confidential information under seal: Minute Maids reply no. 2in further support of motion in limine No. 2 to exlcude testimony from six undisclosed experts; exhibit 2 to declaration of Sarah E Zgliniec filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 293 APPLICATION for Order for file defendants confidential information under seal : Minute Maids reply in further support of motion in limine no. 1 to exclude expert testimony of Joseph Anastasi; exhibit 1 to 2/16/10 declaration of Sarah E Zgliniec filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 292 PROOF OF SERVICE filed by plaintiff Pom Wonderful LLC, re APPLICATION for Order to file under seal reply in support of motion in limine no. 1, declaration of Joseph Anastasi, proposed order 291 served on 2/16/10. (lc) Modified on 2/17/2010 (lc). |
| Filing 291 APPLICATION to file under seal: reply brief in support of motion in limine No.1 and declaration of Joseph Anatasi filed by plaintiff: Pom Wonderful LLC. Lodged order. (lc) |
| Filing 288 REPLY In Support Of MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority 193 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 287 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of (1) Defendant's Reply in Further Support of Its Motion in Limine No. 1; (2) Defendant's Reply in Further Support of Its Motion in Limine No. 2; (3) Declaration of Sarah E. Zgliniec in Further Support of Defendant's Motion in Limine No. 1 and No. 7; (4) Application for an Order Granting Permission to File Plaintiff's Confidential Information Under Seal; (5) [Proposed] Order Granting Application for an Order Granting Permission to File Plaintiff's Confidential Information Under Seal; (6) Application for an Order Granting Permission to File Defendant's Confidential Information Under Seal; (7) [Proposed] Order Granting Application for an Order Granting Permission to File Defendant's Confidential Information Under Seal; and (8) Proof of Service of all listed documents. (Sands, Cynthia) |
| Filing 286 REPLY In Support Of MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC 195 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 285 REPLY In Support Of MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance 192 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 284 REPLY In Support Of MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry 194 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 283 REPLY In Support Of MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz 191 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman)(Silverman, Daniel) |
| Filing 282 REPLY In Support Of MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker 190 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 281 REPLY In Support Of MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 280 REPLY in support of MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Nancy Tyndal in Support, # 2 Exhibit 1 - Excerpts from Tyndal Deposition)(Jones, Kenneth) |
| Filing 279 REPLY in support of MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 204 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 278 DECLARATION of Robert W. Lehrburger in support of MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 , MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit A)(Jones, Kenneth) |
| Filing 277 REPLY in support of MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Charles Torrey)(Jones, Kenneth) |
| Filing 276 REPLY in support of MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 197 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 275 REPLY in support of MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 201 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 274 REPLY in support of MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 200 Public Redacted Version filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 273 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) [Proposed] Order; (3) Plaintiff's Reply In Support of Motion in Limine 1; (4) Declaration of Joseph Anastasi in Support of Plaintiff's Motions in Limine (5) Proof of Service. (Beck, Daniel) |
| Filing 272 MEMORANDUM in Support of Defendant's Application for an Order Granting Permission to File Plaintiff's Confidential Information Under Seal filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 271 MEMORANDUM in Support of APPLICATION for Order for to file under seal 265 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 267 MEMORANDUM in Support of APPLICATION for Order for to seal plaintiffs memorandum of facts and law 241 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 270 PROOF OF SERVICE filed by defendant The Coca Cola Company, re APPLICATION for Order for to file plaintiffs confidential informaton under seal 268 (see document for entire list of documents) served on 2/9/10. (lc) |
| Filing 269 APPLICATION for Order for to seal portions of Minute Maids opposition to Poms motions in limine Nos. 1,2,5,6,7 that discuss and refer to expert reports of Joseph Anastasi and Avram Tucker and to seal 2/9/10 declaration of Avram Tucker in support of Minute madids Oppsoiton to Poms motionn in limine No. 2 filed by plaintiff The Coca Cola Company. Lodged order. (lc) |
| Filing 268 APPLICATION for Order granting permission to file plaintiffs confidential informaton under seal: exhibits 1-6 to 2/9/10 declaration of Sarah E Zgliniec in support of defendants opposition to plaintiffs motions in limine; portions of defendants briefs in opposition to plaintiffs motions in limine 1,5, and 6-7 that cite and refer to exhibits 1-6; 2/9/10 declaration of Jeffrey Blumberg submitted by Minute Madie in opposition to Poms motion in limine No. 1 to exclude Dr Blumbergs testimoney at trial, to the extent that it cites and quotes from the expert report of Joseph Anastasi which has been marked as confidential by Pom and is subject to minute Maids pending application to seal filed by defendants The Coca Cola Company. Lodged order. (lc) |
| Filing 266 PROOF OF SERVICE filed by plaintiff Pom Wonderful LLC, re APPLICATION for Order for to file under sealPoms opposition, declarations of Joseph Anastasi, of Steeward a Resnick, of Matt Tupper, re Coca Colas motion in limine no. 1; Poms opposition to TCCC Motion in limine no. 2, Poms memorandum of points a nd authorites in opposition to TCCC motion in limine no. 3, Poms memorandum of points and authorites in opposition to TCCC motion in limine no. 4; Poms memorandum of points and authorites in opposition to TCCC motion in limine no. 6,Poms memorandum o f points and authorites in opposition to TCCC motion in limine no.7, exhibits A through S to declaration of Michael lm Vasseghi in support of Poms opposition to TCCC motion in limine f 265 (lc) |
| Filing 265 APPLICATION for Order for to file under seal : Poms opposition, declarations of Joseph Anastasi, of Steeward a Resnick, of Matt Tupper, re Coca Colas motion in limine no. 1; Poms opposition to TCCC Motion in limine no. 2, Poms memorandum of points and authorites in opposition to TCCC motion in limine no. 3, Poms memorandum of points and authorites in opposition to TCCC motion in limine no. 4; Poms memorandum of points and authorites in opposition to TCCC motion in limine no. 6,Poms memorandum of points and authorites in opposition to TCCC motion in limine no.7, exhibits A through S to declaration of Michael lm Vasseghi in support of Poms opposition to TCCC motion in limine filed by plaintiff Pom Wonderful LLC. Lodged order. (lc) |
| Filing 264 Witness List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 263 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of (1) Oppositions to Plaintiff's Motions In Limine Nos. 1, 2, 5 and 6/7; (2) Declaration of Jeffrey Blumberg ISO Defendant's Opposition to Plainitff's MIL No. 1; (3) Declaration of Avram Tucker ISO Defendant's Opposition to Plaintiff's MIL No. 2; (4) Decl. of Sarah Zgliniec ISO Def.'s Opposition to Plaintiff's MIL Nos. 1-7; (5) Application to Seal Plaintiff's Confidential Documents and Information; (6) Proposed Order Granting Application to Seal Plaintiff's Confidential Documents and Information; (7) Application to Seal Defendant's Confidential Documents and Information; (8) Proposed Order Granting Application to Seal Defendant's Confidential Information and Documents; and (9) Proof of Service of all these documents. (Sands, Cynthia) |
| Filing 262 Public Redacted Version MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 261 DECLARATION of Michael Vasseghi In Opposition To MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 200 , MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 , MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 201 , MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 , MOTION IN LIMINE No. 2 to Exclude testimony of undiscolxed expert witnesses (REDACTED VERSION) 215 , MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 197 , MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 204 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 260 MEMORANDUM in Opposition to MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 204 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 259 MEMORANDUM in Opposition to MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 258 MEMORANDUM in Opposition to MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 197 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 257 MEMORANDUM in Opposition to MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 256 MEMORANDUM in Opposition to MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 201 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 255 MEMORANDUM in Opposition to MOTION IN LIMINE No. 2 to Exclude testimony of undiscolxed expert witnesses (REDACTED VERSION) 215 (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 254 MEMORANDUM in Opposition to Defendant's Motion in Limine No. 1 to Exclude Expert Testimony of Joseph Anastasi (Public Redacted Version) filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 253 DECLARATION of Steven A. Zalesin in opposition to MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC 195 , MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance 192 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz 191 , MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry 194 , MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker 190 , MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority 193 filed by Defendant The Coca Cola Company. (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, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Jones, Kenneth) |
| Filing 252 MEMORANDUM in Opposition to MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC 195 , MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry 194 Public Redacted Version filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 251 MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority 193 Public Redacted Version filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 249 MEMORANDUM in Opposition to MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance 192 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 248 OPPOSITION in opposition to re: MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz 191 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 247 DECLARATION of Daniel S. Silverman In Opposition To MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 204 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 246 DECLARATION of Daniel S. Silverman In Opposition To MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 245 DECLARATION of Matt Tupper In Opposition To MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 244 DECLARATION of Daniel S. Silverman In Opposition To MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 200 filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 243 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) [Proposed] Order; (3) Exhibits A-S to the Decl. of Michael M. Vasseghi; (4) Plaintiff's Oppositions to Defendant's Motions in Limine Nos. 1, 2, 3, 4, 6 and 7; (5) Decl. of Joseph Anastasi; (6) Decl. of Stewart A. Resnick; (7) Decl. of Matt Tupper and (8) Proof of Service. (Beck, Daniel) |
| Filing 240 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The Court continues the Jury Trial to Tuesday, April 6, 2010 9:00 a.m. and the PretrialConference is continued to Monday, March 29, 2010 9:00 a.m. (lc) |
| Filing 250 APPLICATION for Order for to seal 2 portions of Minute Maids memorandum of contentions of law and fact that refer to Pom Wonderful LLC Pomegranate Tanerine 100% Juice. filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 242 PROOF OF SERVICE filed by plaintiff Pom Wonderful LLC, re APPLICATION for Order for to seal plaintiffs memorandum of facts and law 241 served on application for order to seal memorandum of contentions of fact and law, proposed order, memorandum of contentions of fact and law. (lc) |
| Filing 241 APPLICATION for Order for to seal plaintiffs memorandum of facts and law filed by plaintiff Pom Wonderful LLC. Lodged order. (lc) |
| Filing 238 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of (1) Defendant's Memorandum of Contentions of Law and Fact; (2) Defendant's Application for Order Granting Permission to File Defendant's Memorandum of Contentions of Law and Fact Under Seal; and (3) [Proposed] Order re: Defendant's Application for Order Granting Permission to File Defendant's Memorandum of Contentions of Law and Fact Under Seal. (Sands, Cynthia) |
| Filing 237 REPLY in support of MOTION for Summary Judgment as to First Amended Complaint 150 Unredacted per Court's Order re Application to Seal 232 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit 1 - to Declaration of Travis Tu, # 2 Exhibit 2 - to Declaration of Travis Tu, # 3 Exhibit 3 - to Declaration Travis Tu)(Jones, Kenneth) |
| Filing 236 JOINT Exhibit List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 235 Witness List filed by Plaintiff Pom Wonderful LLC.. (Silverman, Daniel) |
| Filing 234 NOTICE OF ERRATA filed by Defendant The Coca Cola Company. correcting Notice of Withdrawal 178 which should be linked to Application to Seal 179 (Sands, Cynthia) |
| Filing 233 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application for Order to Seal; (2) [Proposed] Order; (3) Plaintiff's Memorandum of Contentions of Fact and Law; and (4) Proof of Service. (Beck, Daniel) |
| Filing 239 SEALED DOCUMENT- Defendant's Reply Statement in Response to Plaintiff's (1) Statment of Genuine Issues and (2) Statement of Additional Material Facts Related to Defendant's Motion for Summary Judgment. (mat) |
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Filing 232
ORDER Granting Application to Seal unredacted version 180 by Judge S. James Otero. (Note Changes Made by the Court). (sch)
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| Filing 231 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: re:Since the Application that Defendants Brief refers to has not been lodged or filed with the Court, the Court construes the Defendants Brief in Support of Application for Order to Seal (1) Unredacted Version of Reply Memorandum of Law; (2) Unredacted Version of Reply to Plaintiffs Statement of Genuine Issues and Additional Material Facts; and (3) Exhibits 1-3 to Declaration of Travis J. Tu 180 filed on January 19, 2010 as an actual Application for Order to Seal. (lc) |
| Filing 230 SEALED DOCUMENT- Exhibits E-Q to the Declaration of Daniel S. Silverman in Opposition to Defendant's Motion for Summary Judgment. (mat) (Additional attachment(s) added on 2/5/2010: Part 2) (mat). |
| Filing 229 SEALED DOCUMENT- Plaintiff's Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law in Opposition to Defendant's Motion for Summary Judgment.(mat) |
| Filing 228 SEALED DOCUMENT- Plaintiff's Memorandum of Points and Authorities in Opposition to Defendant's Motionf or Summary Judgment. (mat) |
| Filing 227 RESPONSE IN SUPPORT OF DEFENDANT'S APPLICATION TO SEAL EXHIBITS TO ZGLINIEC DECLARATION filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Matt Tupper)(Beck, Daniel) |
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Filing 226
ORDER by Judge S. James Otero: granting 165 seal Plaintiff's Opposition to Defendant's Motion for Summary Judgment; Plaintiff's Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law; Exhibits E-Q to the Declaration of Daniel S. Silverman (lc)
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| Filing 225 DECLARATION of CHARLES TORREY IN SUPPORT OF APPLICATION to Seal Notice of Manual Filing (G-92) 188 208 filed by Defendant The Coca Cola Company. (Atkins, Nelson) |
| Filing 224 DEFENDANT'S BRIEF IN SUPPORT OF APPLICATION FOR ORDER TO SEAL re APPLICATION to Seal Notice of Manual Filing (G-92) 188 208 filed by Defendant The Coca Cola Company. (Atkins, Nelson) |
| Filing 223 NOTICE OF ERRATA filed by Defendant The Coca Cola Company. correcting Response in Support of Motion 220 , Motion Related Document, 222 (Atkins, Nelson) |
| Filing 222 DEFENDANT'S BRIEF IN SUPPORT OF APPLICATION FOR ORDER TO SEAL re APPLICATION to Seal Notice of Manual Filing (G-92) 188 208 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Charles Torrey In Support of Application for Order to Seal)(Atkins, Nelson) |
| Filing 221 DECLARATION of Lawrence A. Kempa in support of APPLICATION for Order for to seal 219 Dated February 4, 2010 filed by Defendant The Coca Cola Company. (Atkins, Nelson) |
| Filing 220 RESPONSE IN SUPPORT Application for Order to Seal filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Charles Torrey in Support of Application for Order to Seal)(Atkins, Nelson) |
| Filing 217 APPLICATION to SEAL MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz 191 , MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker 190 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Beck, Daniel) |
| Filing 214 NOTICE OF LODGING filed February 3, 2010 re MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 200 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 2)(Jones, Kenneth) |
| Filing 213 NOTICE OF LODGING filed February 3, 2010 re MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 201 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 3)(Jones, Kenneth) |
| Filing 212 NOTICE OF LODGING filed February 3, 2010 re Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) 198 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 5)(Jones, Kenneth) |
| Filing 211 NOTICE OF LODGING filed February 3, 2010 re MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance 192 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 4)(Jones, Kenneth) |
| Filing 210 NOTICE OF LODGING filed February 3, 2010 re MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry 194 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 6)(Jones, Kenneth) |
| Filing 209 NOTICE OF LODGING filed February 3, 2010 re MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC 195 (Attachments: # 1 Appendix Notice of Lodging - Motion in Limine No. 7)(Jones, Kenneth) |
| Filing 207 NOTICE of Appearance filed by attorney Daniel Scott Silverman on behalf of Plaintiff Pom Wonderful LLC (Silverman, Daniel) |
| Filing 219 APPLICATION for Order for to SEAL MOTION IN LIMINE (#1), exhibits 1,3,9-13,15 to declaration of Sarah E Zgliniec, portions of Minute Maids motion in limine 2,3,4,5,7 that discuss and refer to Zgliniec exhibits 1,3,9-13 and 15 filed by defendant The Coca Cola Company. Lodged order (lc) Modified on 2/3/2010 (lc). |
| Filing 218 BRIEF in support of APPLICATION 219 to SEAL MOTION IN LIMINE (#1), exhibits 1,3,9-13,15 to declaration of Sarah E Zgliniec, portions of Minute Maids motion in limine 2,3,4,5,7 that discuss and refer to Zgliniec exhibits 1,3,9-13 and 15 filed by defendant The Coca Cola Company. (lc) Modified on 2/3/2010 (lc). Modified on 2/3/2010 (lc). |
| Filing 216 DECLARATION of Sarah E Zgliniec in support of MOTION IN LIMINE No. 2 to Exclude testimony of undisclosed expert witnesses (REDACTED VERSION) 215 filed by Defendant The Coca Cola Company. (lc) |
| Filing 215 NOTICE OF MOTION AND MOTION IN LIMINE No. 2 to Exclude testimony of undiscolxed expert witnesses (REDACTED VERSION) filed by defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(lc) |
| Filing 208 APPLICATION FOR ORDER TO SEAL EXHIBITS A, B, C, AND D to the Declaration of Daniel A Beck in Support of Plaintiff's Motions in Liminie filed by plaintiff Pom Wonderful LLC. Lodged Proposed Order. (esa) |
| Filing 206 PROOF OF SERVICE filed by Plaintiff Pom Wonderful LLC: Application for order to seal exhibits A through D to the Declaration of Daniel A Beck in support of Plaintiff Pom Wonderful LLC's motions in limine; Proposed Order; Exhibits A through D; Proof of service served on 2/2/10. (ir) |
| Filing 205 DECLARATION of SARAH E. ZGLINIEC IN SUPPORT OF MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 200 , MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 202 , MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 201 , MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 203 , MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 204 dated February 2, 2010 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 204 NOTICE OF MOTION AND MOTION IN LIMINE Seven (7) to Exclude EVIDENCE AND ARGUMENT ATTACKING ASPECTS OF THE JUICE'S LABEL AND ADVERTISING NOT IN DISPUTE [REDACTED] dated February 2, 2010 filed by Defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 203 NOTICE OF MOTION AND MOTION IN LIMINE Six (6) to Exclude (1) ITS SECRET FORMULA AND (2) THE PRECISE PERCENTAGES OF POMEGRANATE AND BLUEBERRY JUICE [REDACTED] dated February 2, 2010 filed by Defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 202 NOTICE OF MOTION AND MOTION IN LIMINE Four (4) to Exclude EVIDENCE AND TESTIMONY REGARDING CONSUMER COMMENTS [REDACTED] dated February 2, 2010 filed by Defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 201 NOTICE OF MOTION AND MOTION IN LIMINE Three (3) to Exclude AN IRRELEVANT HEARSAY STATEMENT BY A THIRD PARTY [REDACTED] dated February 2, 2010 filed by Defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 200 NOTICE OF MOTION AND MOTION IN LIMINE TWO (2) to Exclude TESTIMONY OF UNDISCLOSED EXPERT WITNESSES [REDACTED] dated February 2, 2010 filed by Defendant The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 199 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of Notice of Manual Filing. (Attachments: # 1 Appendix Notice of Manual Filing Attachment)(Jones, Kenneth) |
| Filing 198 DECLARATION of COCA-COLA COMPANY IN SUPPORT OF MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 197 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 2 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 3 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 4 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 5 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 6 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 7 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 8 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 9 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 10 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 11 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 12 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 13 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 14 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 15 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 16 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 17 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 18 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 19 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 20 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 21 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 22 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 23 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 24 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 25 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 26 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 27 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 28 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 29 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 30 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 31 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine, # 32 Exhibit Declataion of Steven A. Zalesin in Support of Defendant's Motions in Limine)(Jones, Kenneth) |
| Filing 197 NOTICE OF MOTION AND MOTION IN LIMINE NO. FIVE (5) to Exclude EVIDENCE AND TESTIMONY ABOUT CLASS ACTIONS INVOLVING MINUTE MAID dated February 2, 2010 filed by DEFENDANT The Coca Cola Company. Motion set for hearing on 3/9/2010 at 10:00 AM before Judge S. James Otero.(Jones, Kenneth) |
| Filing 196 DECLARATION of Daniel A. Beck in Support of Plaintiff's Motions in Limine # 1-7 (Exhibits A-D Redacted): MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg 189 , MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC 195 , MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz 191 , MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry 194 , MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance 192 , MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker 190 , MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority 193 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 195 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Evidence, Testimony and Argument About Any Lawsuits Filed Against POM Wonderful LLC filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 194 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Exclude Evidence or Argument of FTC Fact-Finding Inquiry filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 193 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Decisions of National Advertising Division and Advertising Standard's Authority filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 192 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Opinion Testimony Re: FDA Compliance filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Silverman, Daniel) |
| Filing 191 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Nielsen Report, Recoding Analysis Testimony, and Cumulative Testimony of Dr. Ran Kivetz filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 190 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Testimony of Avram S. Tucker filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 189 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Testimony of Dr. Jeffrey Blumberg filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/9/2010 at 09:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Declaration of Joseph Anastasi, # 3 Proposed Order)(Silverman, Daniel) |
| Filing 188 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) [Proposed] Order; (3) Exhibits A-D to the Declaration of Daniel A. Beck; and (4) Proof of Service. (Beck, Daniel) |
| Filing 187 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The Court limits Plaintiff Pom Wonderful LLC and Defendant The Coca-Cola Company toSEVEN motions in limine, each. (lc) |
| Filing 186 DECLARATION of Daniel A. Beck Re: APPLICATION for Leave to File 165 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 185 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of Supplemental Declaration of Charles Torrey in Support of Application to Seal. (Jones, Kenneth) |
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Filing 184
ORDER by Judge S. James Otero: granting 176 Application to Appear Pro Hac Vice by Attorney Sarah E. Zgliniec on behalf of defendant Coca Cola Company, designating Kenneth M. Jones as local counsel. (lc)
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| Filing 183 DECLARATION of Charles Torrey in support of APPLICATION for Leave to File 165 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Sands, Cynthia) |
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Filing 182
MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero. The parties are advised that MOTION for Partial Summary Judgment Re: Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 filed by Plaintiff Pom Wonderful LLC, AND the MOTION for Summary Judgment as to First Amended Complaint filed by Defendant The Coca Cola Company 150 , scheduled for hearing on January 25, 2010, are taken under submission. Accordingly, the hearing date is vacated. Order will issue. (sch)
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Filing 181
NOTICE OF DISCREPANCY AND ORDER: by Judge S. James Otero, ORDERING exhibits 1-4, reply submitted by Defendant The Coca Cola Company received on 1/15/10 is not to be filed but instead rejected. Denial based on: under seal document not under separate sealed envelopes. (lc)
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| Filing 180 Brief in Support of APPLICATION for Order to seal unreadacted version of reply memorandum; unredacted version of reply to plaintiffs statement of genuine issues and additional material facts; exhibits 1-3 to declaration of Travis J Tu filed by Defendant the Coca Cola Company(lc) Modified on 1/20/2010 (lc). Modified on 2/5/2010 (lc). |
| Filing 179 APPLICATION for Order for to file under seal exhibit 4 to declaration of Travis J Tu in opposition to plaintiffs motion for partial summary judgment filed by defendant The Coca Cola Company. Lodged order. (lc) |
| Filing 178 Notice of Withdrawal of Reply (Motion related), Reply (Motion related) 174 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Travis Tu, # 2 Exhibit 1 to Tu Declaration)(Sands, Cynthia) |
| Filing 177 AMENDED NOTICE OF MANUAL FILING re MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 176 APPLICATION for attorney Sarah E. Zgliniec to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006409096 paid.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Sands, Cynthia) |
| Filing 175 OBJECTIONS to Response in Support of Motion 168 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 174 REPLY In Support of MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Travis Tu, # 2 Declaration Charles Torrey, # 3 Declaration Dr. Ran Kivetz, # 4 Exhibit A to Kivetz Declaration, # 5 Exhibit 1 to Torrey Declaration, # 6 Evidentiary Objections, # 7 Reply Separate Statement, # 8 Notice of Manual Filing, # 9 Exhibit 1-4 to Tu Declaration)(Sands, Cynthia) |
| Filing 173 REPLY In Support Of MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 172 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: Plaintiff is ORDERED TO SHOW CAUSE in writing why the proposed documents and exhibits, other than Exhibit F of the Silverman Declaration, should be filed under seal. Adeclaration will be deemed sufficient. This declaration (which may be filed under seal) must explain: (1) why the parties would be harmed by disclosure; (2) why the allegedly confidential content of the exhibits is confidential; and (3) why the public's interest in these documents is no greater than in other cases permitting sealed exhibits. This declaration must be filed on or beforeJANUARY 22, 2010. Although it is the moving party's burden to show that disclosure would be harmful, In re "Agent Orange" Prod. Liab. Litig., 104 F.R.D. 559, 574 (E.D.N.Y. 1985), because Defendant has an interest in having said documents and/or exhibits sealed, Defendant may file an additional declaration in support of Plaintiff's Application. Filed declarations must not exceed five pages. (lc) |
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Filing 171
ORDER Re: EX PARTE APPLICATION FOR AN ORDER REQUIRING MATTHEW TUPPER TO APPEAR FOR AN ADDITIONAL 4 HOURS TO COMPLETE HIS DEPOSITION AS A FACT AND FRCP RULE 30(b)(6) WITNESS RELATING TO 41 TOPICS by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT plaintiff's Ex Parte Application for an Order Requiring Matthew Tupper to Appear for an Additional 4 Hours to Complete his Deposition as a Fact and FRCP Rule 30(b)(6) Witness Relating to 41 Topics (Document No. 164 ) is denied without prejudice. (mr)
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| Filing 170 NOTICE of Appearance filed by attorney Daniel Scott Silverman on behalf of Plaintiff Pom Wonderful LLC (Silverman, Daniel) |
| Filing 169 NOTICE of Appearance filed by attorney Cynthia L Sands on behalf of Defendant The Coca Cola Company (Sands, Cynthia) |
| Filing 168 RESPONSE IN SUPPORT of APPLICATION for Leave to File 165 TO SEAL filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 167 OPPOSITION re: EX PARTE APPLICATION to Compel Deposition of Matthew Tupper 164 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman with Exhibit A)(Silverman, Daniel) |
| Filing 166 PROOF OF SERVICE filed by plaintiff: Pom Wonderful LLC, re APPLICATION to file under seal 165 ;Opposition to Defendant's Motion for Summary Judgment; Plaintiff's Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law; Exhibits E-Q to the Declaration of Daniel S. Silverman, proposed order;; proof of service served on 1/11/10. (lc) |
| Filing 165 APPLICATION for order to seal Plaintiff's Opposition to Defendant's Motion for Summary Judgment; Plaintiff's Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law; Exhibits E-Q to the Declaration of Daniel S. Silverman filed by plaintiff Pom Wonderful LLC. Lodged order. (lc) |
| Filing 164 EX PARTE APPLICATION to Compel Deposition of Matthew Tupper filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Nelson L. Atkins, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Declaration F, # 8 Declaration Kennth M. Jones, # 9 Proposed Order)(Jones, Kenneth) |
| Filing 163 MEMORANDUM in Opposition to MOTION for Summary Judgment as to First Amended Complaint 150 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law, # 2 Declaration of Daniel S. Silverman with Exhibits A-D, # 3 Declaration of E. Deborah Jay)(Silverman, Daniel) |
| Filing 162 STATEMENT of Genuine Issues in Support of Opposition to MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 161 OPPOSITION in Opposition to re: MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Steven A. Zalesin in Opposition to Motion for Partial Summary Judgment, # 2 Exhibit 1 - Excerpt from Deposition of E. Deborah Jay, # 3 Exhibit 2- Copy of Exhibit A to Declaration of Christopher Van Gundy filed in the Ocean Spray Action)(Jones, Kenneth) |
| Filing 160 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Application to Seal; Plaintiff's Opposition to Defendant's Motion for Summary Judgment; Plaintiff's Statement of Genuine Issues of Material Fact and Proposed Conclusions of Law; Exhibits E-Q to the Declaration of Daniel S. Silverman; [Proposed] Order Granting Application to Seal; Proof of Service. (Silverman, Daniel) |
| Filing 159 NOTICE of Change of Attorney Information for attorney Daniel Scott Silverman counsel for Plaintiff Pom Wonderful LLC. Changing FIRM NAME to ROLL LAW GROUP PC. Changing PHONE NUMBER AND FAX NUMBER to PHONE: 310-966-8400; FAX: 310-966-8810. Filed by Plaintiff POM WONDERFUL LLC (Silverman, Daniel) |
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Filing 158
ORDER DENYING STIPULATION for Extension of Time to File Reply as to MOTION for Partial Summary Judgment 155 by Judge S. James Otero (lc)
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| Filing 157 NOTICE OF LODGING filed by Defendant The Coca-Cola Company re MOTION for Summary Judgment as to First Amended Complaint 150 (Attachments: # 1 Proposed Order Statement of Uncontroverted Facts and Proposed Conclusions of Law in Support of Motion for Summary Judgment)(Jones, Kenneth) |
| Filing 156 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT. The document is stricken and counsel is ordered to file corrected document by 1-5-2010 RE: Statement of Uncontroverted Facts and Proposed Conclusions of Law 151 . (sch) |
| Filing 155 Joint STIPULATION for Extension of Time to File Reply as to MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws 149 , MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 154 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Proposed statement of uncontroverted facts, are to be approved by the Judge and are not e-filed, in itself, but to be submitted as a separate attachment to main document. RE:Coca Cola Statement (Motion related) 151 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) |
| Filing 153 DECLARATION of Charles Torrey in Support of MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit 1- Photos of Minute Maid Bottles and Label, # 2 Exhibit 2 - Catalina Coupons, # 3 Exhibit 3- Promotional Materials 1 of 3, # 4 Exhibit 3 - Promotional Materials 2 of 3, # 5 Exhibit 3- Promotional Materials 3 of 3, # 6 Exhibit 4 - Print Ads, # 7 Exhibit 5 - Television Ads, # 8 Exhibit 6 - Website Ads Etc.)(Jones, Kenneth) |
| Filing 152 DECLARATION of Steven A. Zalesin in Support of MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit 1 - Report of Dr. E. Deborah Jay, # 2 Exhibit 2 - NAD Decision 9.22.09, # 3 Declaration 3- Judge Matz's Order re Motion to Dismiss 06.23.09, # 4 Exhibit 4 - Judge Pregerson's Order re Motion to Dismiss 20 Dismiss 10.21.09, # 5 Exhibit 5 - Judge Fischer's Order re Motion to Dismiss 10.21.09, # 6 Exhibit 6- Judge Matz's Order re Motion for Judgment n the Pleadings 12.21.09)(Jones, Kenneth) |
| Filing 151 STATEMENT of Uncontroverted Facts and Proposed Conclusions of Law MOTION for Summary Judgment as to First Amended Complaint 150 filed by Defendant The Coca Cola Company. (Jones, Kenneth)[STRICKEN per 12-30-09 Order] Modified on 12/30/2009 (sch). |
| Filing 150 NOTICE OF MOTION AND MOTION for Summary Judgment as to First Amended Complaint filed by Defendant The Coca Cola Company. Motion set for hearing on 1/25/2010 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 149 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Defendant's Affirmative Defenses of Safe Harbor and Compliance With Laws filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 1/25/2010 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law ISO Plaintiff's Motion for Partial Summary Judgment, # 2 Declaration of Daniel A. Beck ISO Plaintiff's Motion for Partial Summary Judgment, # 3 Proposed Order)(Silverman, Daniel) |
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Filing 148
ORDER by Judge S. James Otero: granting 147 Application to Appear Pro Hac Vice by Attorney YiLing Chen-Josephson on behalf of defendant The Coca Cola Company, designating Kenneth M. Jones as local counsel. (lc)
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| Filing 147 APPLICATION for attorney YiLing Chen-Josephson to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006303244 paid.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 146 MINUTES (IN CHAMBERS) by Judge S. James Otero: Defendant The Coca-Cola Company's Motion For Review of Magistrate's Ex Parte/Discovery Order Regarding the Coca-Cola Company's Confidentiality Designations filed November 29, 2009. Plaintiff Pom Wonderful LLC filed an Opposition to which Defendant replied. In light of the Magistrate Judge's Order of December 18, 2009, Defendant's Motion for Review is deemed MOOT 123 . (lc) |
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Filing 145
AMENDED ORDER Re: DISCOVERY MOTION and EX PARTE APPLICATION by Magistrate Judge Fernando M. Olguin. IT IS ORDERED THAT: The court's Order Re: Discovery Motion and Ex Parte Application, filed on November 10, 2009, is hereby vacated. Defendant's "Motion to Compel Discovery Responses" (Document No. 74 ), is granted in part and denied in part. Plaintiff's Ex Parte Application to Modify Protective Order (Document No. 102 ) is granted in part and denied in part. No later than November 24, 2009, plaintiff shall, if it has not already done so, address the deficiencies in the October 1, 2009, electronic production. No later than January 15, 2010, the parties shall re-designate the documents they have produced to date as either "highly confidential" or "confidential." No later than November 17, 2009, plaintiff shall provide responsive documents (and, if appropriate, supplement written responses under oath) to Document Request No. 70. (See document for details). (mr)
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Filing 144
ORDER by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT plaintiff's Ex Parte Application for Additional Depositions (Document No. 140 ) is denied without prejudice. (mr)
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| Filing 143 MINUTES (IN CHAMBERS)by Judge S. James Otero: ORDER DENYING PLAINTIFF'S MOTION TO STRIKE DEFENDANT'S UNCLEAN HANDS ALLEGATIONS 103 . (lc) |
| Filing 142 OPPOSITION re: EX PARTE APPLICATION for Leave to Conduct Additional Depositions 140 TCCC's Opposition to Plaintiff POM Wonderful LLC's Ex Parte Application for Additional Depositions filed by Defendant The Coca Cola Company. (Atkins, Nelson) |
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Filing 141
MINUTES (IN CHAMBERS): ORDER by Judge S. James Otero. The parties are advised that MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery 123 filed by Defendant The Coca Cola Company, scheduled for hearing on December 14, 2009, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. (sch)
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| Filing 140 EX PARTE APPLICATION for Leave to Conduct Additional Depositions filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman ISO Application for Additional Depositions, # 2 Proposed Order re: Application for Additional Depositions)(Silverman, Daniel) |
| Filing 139 REPLY in support of MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 123 filed by Defendant The Coca Cola Company. (Sands, Cynthia) |
| Filing 138 MEMORANDUM in Support of APPLICATION for Leave to File Application to Seal; (2) Plaintiff's Opposition to Defendant's Notice of Objections and Motion for Review APPLICATION for Leave to File Application to Seal; (2) Plaintiff's Opposition to Defendant's Notice of Objections and Motion for Review 137 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Charles Torrey, # 2 Proposed Order)(Jones, Kenneth) |
| Filing 136 PROOF OF SERVICE filed by Plaintiff Pom Wonderful LLC, served on 11/30/09. (Silverman, Daniel) |
| Filing 137 APPLICATION for Leave to file under seal Plaintiff's Opposition to Defendant's Notice of Objections and Motion for Review of Magistrate's Ex Parte/Discovery Order; (3) Exhibits D, E, F, and G to the Declaration of Daniel A. Beck filed by plaintiff Pom Wonderful LLC.; lodged order (lc) |
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Filing 135
ORDER by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiff's Motion to Compel Production of: (1) Missing Email Attachments and (2) Valuation Documents (Document No. 107 ), is granted in part and denied. No later than December 9, 2009, defendant shall either: (a) provide plaintiff with the information, data, or software needed to re-link the 138 emails with their attachments; or (2) produce the emails with their corresponding attachments. (See document for further details). (mr)
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Filing 134
ORDER Re: APPLICATION FOR ORDER TO SEAL EXHIBITS by Magistrate Judge Fernando M. Olguin. IT IS ORDERED THAT plaintiff's Application for Order to Seal Exhibit M, Pages 59-62, and Exhibit N, Pages 64-68, to the Declaration of Daniel S. Silverman in Support of Plaintiff's Motion to Compel Discovery is denied. (mr)
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| Filing 133 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) Plaintiff's Opposition to Defendant's Notice of Objections and Motion for Review. (Beck, Daniel) |
| Filing 132 MEMORANDUM in Opposition to MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 123 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Declaration of Daniel A. Beck)(Beck, Daniel) |
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Filing 131
ORDER by Magistrate Judge Fernando M. Olguin The document is stricken RE: Notice of Deficiency in Electronically Filed Documents (G-112) 130 . (mr)
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| Filing 130 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Document is stricken, pursuant Document 120 (Supplement to Motion to Compel Production) & 122 (Notice of Errata) RE: Supplement(Motion related) 118 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mr) |
| Filing 129 REPLY to Defendant's Notice of Subsequent Authority in Opposition to Plaintiff's Motion to Strike filed by Plaintiff Pom Wonderful LLC. (Beck, Daniel) |
| Filing 128 SUPPLEMENT to MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 103 NOTICE OF SUBSEQUENT AUTHORITY IN OPPOSITION TO PLAINTIFFS MOTION TO STRIKE filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 127 REPLY In Support Of MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 103 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 126 DECLARATION of Steven A. Zalesin in support of MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 123 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 125 DECLARATION of Samuel Brown in support of MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 123 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 124 DECLARATION of Ashley Schmidt in support of MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 123 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 123 NOTICE OF MOTION AND MOTION for Review of Magistrates Ex Parte order re Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 filed by Defendant The Coca Cola Company. Motion set for hearing on 12/14/2009 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 122 NOTICE OF ERRATA filed by Plaintiff Pom Wonderful LLC. correcting Supplement(Motion related) 118 (Silverman, Daniel) |
| Filing 121 MEMORANDUM in Opposition to MOTION to Compel Production of Missing Email Attachments and Valuation Documents 107 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 120 SUPPLEMENT to MOTION to Compel Production of Missing Email Attachments and Valuation Documents 107 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 119 DECLARATION of Michael W. Harnish in Support of Supplemental Brief In Support of Plaintiff's Motion to Compel MOTION to Compel Production of Missing Email Attachments and Valuation Documents 107 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 118 SUPPLEMENT to MOTION to Compel Production of Missing Email Attachments and Valuation Documents 107 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Michael W. Harnish)(Silverman, Daniel) ***Stricken*** Modified on 11/25/2009 (mr). |
| Filing 117 MINUTES (IN CHAMBERS) by Judge S. James Otero: The parties are advised that MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 filed by Plaintiff Pom Wonderful LLC 103 filed 11/03/09, scheduledfor hearing on November 30, 2009, is taken under submission. Accordingly, the hearing date is vacated. Order will issue. The briefing schedule shall remain as set by the Local Rules. (lc) |
| Filing 116 MEMORANDUM in Opposition to MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 103 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
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Filing 115
ORDER DENYING Stipulation for Extension of Time ForPlaintiff To File Motion To Strike Thirty-Fourth Affirmative Defense 81 by Judge S. James Otero (lc)
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| Filing 114 MINUTES (IN CHAMBERS by Judge S. James Otero: The Court STRIKES Defendant Coca-Cola Company's Motion for Continuance of Trial and Pretrial Dates 73 filed 10/9/09, and Defendant Coca-Cola Company's REQUEST for Hearing on Ex Parte Application for Emergency Stay of Magistrate's Ex Parte/Discovery Order Regarding The Coca-Cola Company's Confidentiality Designations, etc., 110 filed 11/12/09, for failure to lodge proposed orders. (lc) |
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Filing 113
ORDER DENYING EX PARTE APPLICATION FOR EMERGENCY STAY OF MAGISTRATE'S DISCOVERY ORDER REGARDING DEFENDANT THE COCA COLA COMPANY'S CONFIDENTIALITYDESIGNATIONS 109 , 110 by Judge S. James Otero (lc)
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| Filing 112 OPPOSITION to APPLICATION to Stay pending Hearing on Motion to Review Magistrate's Order Re Confidentiality Designations Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 APPLICATION to Stay pending Hearing on Motion to Review Magistrate's Order Re Confidentiality Designations Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 109 , Request for Hearing, Request for Relief,,,,,, 110 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Declaration of Daniel A. Beck)(Silverman, Daniel) |
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Filing 111
ORDER by Judge S. James Otero granting Application of Non-Resident Attorney Travis J. Tu to appear on behalf of Defendant The Coca Cola Company 105 , designating Kenneth M. Jones as local counsel. (gk)
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| Filing 110 REQUEST for Hearing on Ex Parte Application for Emergency Stay of Magistrate's Ex Parte/Discovery Order Regarding The Coca-Cola Company's Confidentiality Designations, re APPLICATION to Stay pending Hearing on Motion to Review Magistrate's Order Re Confidentiality Designations Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 APPLICATION to Stay pending Hearing on Motion to Review Magistrate's Order Re Confidentiality Designations Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 109 , filed by Defendants The Coca Cola Company. Request set for hearing on 11/13/2009 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Nelson L. Atkins Re Service of Application for Emergency Stay and Request for Hearing of Ex Parte Application for Emergency Stay of Magistrate's Ex Parte/Discovery ORder Regarding The Coca Cola Company's Confidentiality Designations)(Atkins, Nelson) |
| Filing 109 APPLICATION to Stay pending Hearing on Motion to Review Magistrate's Order Re Confidentiality Designations Order on Motion to Compel, Order on Ex Parte Application for Discovery,,,, 106 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration Ashley Schmidt, # 2 Declaration Samuel Brown, # 3 Declaration Steven A. Zalesin, # 4 Proposed Order)(Jones, Kenneth) |
| Filing 108 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Application to Seal; Exhibit M pgs. 59-62 and Exhibit N pgs. 64-68 of the Decl. of D. Silverman ISO Plaintiff's Motion to Compel; [Proposed] Order; Proof of Service. (Silverman, Daniel) |
| Filing 107 NOTICE OF MOTION AND MOTION to Compel Production of Missing Email Attachments and Valuation Documents filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 12/2/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Declaration of Daniel S. Silverman, Part 1, Exhibits A-G, # 2 Declaration of Daniel S. Silverman, Part 2, Exhibits H-Q, # 3 Declaration of Michael W. Harnish, # 4 Declaration of Brian Hightower in Opposition to Plaintiff's Motion to Compel)(Silverman, Daniel) |
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Filing 106
ORDER Re: DISCOVERY MOTION and EX PARTE APPLICATION by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Defendant's "Motion to Compel Discovery Responses" (Document No. 74 ), is granted in part and denied in part. Plaintiff's Ex Parte Application to Modify Protective Order (Document No. 102 ) is granted in part and denied in part. No later than November 24, 2009, plaintiff shall, if it has not already done so, address the deficiencies in the October 1, 2009, electronic production. No later than November 17, 2009, plaintiff shall provide responsive documents (and, if appropriate, supplement written responses under oath) to Document Request No. 70. (See document for further details). (mr)
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| Filing 105 APPLICATION for attorney Travis J. Tu to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000006125605 paid.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 104 MEMORANDUM in Opposition to EX PARTE APPLICATION for Discovery regarding Modification of Protective Order 102 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
| Filing 103 NOTICE OF MOTION AND MOTION to Strike Unclean Hands Allegations of Defendant's Answer to Complaint 70 filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 11/30/2009 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Proposed Order)(Silverman, Daniel) |
| Filing 102 EX PARTE APPLICATION for Discovery regarding Modification of Protective Order filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Stewart A. Resnick ISO Ex Parte App. to Modify Prot. Order, # 2 Declaration of Craig B. Cooper ISO App. to Modify Prot. Order, # 3 Declaration of Daniel S. Silverman ISO App. - Part 1, Exhs. A-C, # 4 Declaration of Daniel S. Silverman ISO App. - Part 2, Exhs. D-F, # 5 Declaration of Daniel S. Silverman ISO App. - Part 3, Exhs. G-H, # 6 Proposed Order re Ex Parte App. to Modify Protective Order)(Silverman, Daniel) |
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Filing 101
ORDER Re: DISCOVERY MOTION by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiff's "Motion to Compel Discovery Responses" (Document No. 62 ), is granted in part and denied in part. (See document for further details). (mr)
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| Filing 100 NOTICE OF FILING FEE DUE due on Pro Hac Vice Application filed on 10/23/06 by attorney Steven A Zalesin for Defendant The Coca Cola Company. As of today's date the Court has not received your $185.00 pro hac vice fee. Please remit the fee along with this Notice immediately. (vh) |
| Filing 99 NOTICE OF FILING FEE DUE on Pro Hac Vice Application filed on 10/23/09 by attorney Ryan Sirianni for Defendant The Coca Cola Company. As of today's date the Court has not received your $185.00 pro hac vice fee. Please remit the fee and this Notice immediately. (vh) |
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Filing 98
ORDER by Judge S. James Otero: granting 94 Request to Substitute Attorney. Added attorney Nelson L Atkins for The Coca Cola Company, Kenneth M Jones for The Coca Cola Company. Attorney Kristin Escalante; Alison J Markovitz; Gregory Duncan Phillips; Martin D Bern and Marc T G Dworsky terminated (lc)
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| Filing 97 MINUTES OF (IN CHAMBERS) RE: VACATING HEARING ON DEFENDANT'S MOTION TO COMPEL DISCOVERY RESPONSES held before Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT the hearing set for November 4, 2009, at 10:00 a.m. with respect to defendant's Motion to Compel Discovery Responses is hereby vacated. The court's decision on the Motion will follow. (mr) |
| Filing 96 MINUTES (IN CHAMBERS) by Judge S. James Otero: Counsel are advised that the court is taking the Motion for Continuance of Trial and Pre-trialDates filed on October 9, 2009 [73) under submission. The court has determined this matter is suitable for disposition without oral argument from counsel. Therefore, the hearing on the defendants motion for continuance set for Monday, November 2, 2009, at 10:00 a.m. is hereby VACATED. An order will issue a ruling on the matter. (lc) |
| Filing 95 NOTICE filed by defendant The Coca Cola Company. of Substitution of Counsel (Phillips, Gregory) |
| Filing 94 REQUEST to Substitute attorney Nelson L. Atkins in place of attorney Marc T.G. Dworsky filed by defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Phillips, Gregory) |
| Filing 93 REPLY MOTION to Continue Trial and Pre-Trial Dates 73 filed by Defendant The Coca Cola Company. (Jones, Kenneth) |
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Filing 92
ORDER by Judge S. James Otero: granting 89 Application to Appear Pro Hac Vice by Attorney Derek A. Williams on behalf of Defendant, Derek A. Williams, designating Kenneth M. Jones as local counsel. (bp)
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Filing 91
ORDER by Judge S. James Otero: granting 87 Application to Appear Pro Hac Vice by Attorney Ryan Sirianni on behalf of Defendant, The Coca Cola Company, designating Kenneth M. Jones as local counsel. (bp)
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Filing 90
ORDER by Judge S. James Otero: granting 88 Application to Appear Pro Hac Vice by Attorney Steven A. Zalesin on behalf of Defendant, The Coca Cola Company, designating Kenneth M. Jones as local counsel. (bp)
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| Filing 89 APPLICATION for attorney Derek A. Williams to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 88 APPLICATION for attorney Steven A. Zalesin to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 87 APPLICATION for attorney Ryan Sirianni to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Jones, Kenneth) |
| Filing 85 MEMORANDUM in Opposition to MOTION to Compel Discovery Responses 74 (Supplemental) filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) |
| Filing 84 MEMORANDUM in Support of MOTION to Compel Discovery Responses 74 (Supplemental) filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Glenn S. Shubb in Support of Supplemental Memorandum Pursuant to Rule 37-2.3 in Support of Motion to Compel, # 2 Exhibit A to the Declaration of Glenn S. Shubb in Support of Supplemental Memorandum Pursuant to Rule 37-2.3 in Support of Motion to Compel, # 3 Declaration of Gary Torgersen in Support of Supplemental Memorandum Pursuant to Rule 37-2.3 in Support of Motion to Compel)(Bern, Martin) |
| Filing 83 DECLARATION of Martin D. Bern In Support Of MOTION to Compel Discovery Responses 74 with Exhibit A filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit B-N to the Declaration of Martin D. Bern in Support of Defendant's Notice of Motion and Motion to Compel Discovery Responses, # 2 Exhibit O-Q to the Declaration of Martin D. Bern in Support of Defendant's Notice of Motion and Motion to Compel Discovery Responses)(Bern, Martin) |
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Filing 82
ORDER Re: APPLICATION FOR ORDER TO SEAL EXHIBITS by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT Defendant's Application for Order to Seal Exhibit A, Pages 17-72, and Exhibit G, Pages 105-114, to the Declaration of Martin D. Bern in Support of Defendant's Motion to Compel Discovery (Document No. 78 ), is denied. (mr)
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| Filing 81 Joint STIPULATION for Extension of Time to File Response as to Answer to Complaint 70 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order Granting Stipulation for Extension of Time for Plaintiff to File Motion to Strike 34th Affirmative Defense)(Silverman, Daniel) |
| Filing 80 OPPOSITION re: MOTION to Continue Trial and Pre-Trial Dates 73 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman (Exhs. A-G), # 2 Declaration of Bruno Genovese (Exhs. 1-6))(Silverman, Daniel) |
| Filing 86 Exhibit A, Pages 17-72 and Exhibit G, Pages 105-114, of the Declaration of Martin D. Bern in support of Defendant's Notice of Motion and Motion to Compel Discovery Responses 74 filed by Defendant The Coca Cola Company. (mr) |
| Filing 79 PROOF OF SERVICE filed by defendant The Coca Cola Company, re APPLICATION to Seal 78 served on 10/14/09. (mr) |
| Filing 78 APPLICATION FOR ORDER TO SEAL EXHIBIT A, PAGES 17-72, AND EXHIBIT G, PAGES 105-114, TO THE DECLARATION OF MARTIN D. BERN IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL DISCOVERY 74 filed by defendant The Coca Cola Company. Motion set for hearing on 11/4/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (mr) |
| Filing 77 NOTICE of Appearance filed by attorney Kenneth M Jones on behalf of Defendant The Coca Cola Company (Jones, Kenneth) |
| Filing 76 [PROPOSED] ORDER 71 Ex Parte Application for Extension of Expert Witness Pretrial Dates, DENIED BY ORDER OF THE COURT (bp) |
| Filing 75 NOTICE of Manual Filing filed by Defendant The Coca Cola Company of (1) Application to Seal; (2) Exhibit A, Pages 17-72, and Exhibit G, Pages 105-114, of the Declaration of Martin D. Bern in Support of Defendant's Notice of Motion and Motion to Compel Discovery Responses; (3) [Proposed] Order; (4) Proof of Service. (Bern, Martin) |
| Filing 74 NOTICE OF MOTION AND MOTION to Compel Discovery Responses filed by Defendant The Coca Cola Company. Motion set for hearing on 11/4/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Declaration of Martin D. Bern with Exhibits A-D, # 2 Exhibit E-N to Declaration of Martin D. Bern, # 3 Exhibit O-P to the Decl of Martin D. Bern, # 4 Exhibit Q to the Decl of Martin D. Bern, # 5 Declaration of Daniel S. Silverman with Exhibits A-M, # 6 Declaration of Bruno Genovese with Exhibits 1-6)(Bern, Martin) |
| Filing 73 NOTICE OF MOTION AND MOTION to Continue Trial and Pre-Trial Dates filed by Defendant The Coca Cola Company. Motion set for hearing on 11/2/2009 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Martin D. Bern iso Defendant's Motion for Continuance of Trial and Pre-Trial Dates)(Bern, Martin) |
| Filing 72 OPPOSITION re: EX PARTE APPLICATION for Order for Extension of Expert Witness Pretrial Dates 71 filed by Defendant The Coca Cola Company. (Attachments: # 1 Declaration of Martin D. Bern in Support)(Bern, Martin) |
| Filing 71 EX PARTE APPLICATION for Order for Extension of Expert Witness Pretrial Dates filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel S. Silverman, # 2 Proposed Order)(Silverman, Daniel) |
| Filing 70 ANSWER to Amended Complaint 53 ; Demand for Jury Trial filed by Defendant The Coca Cola Company.(Bern, Martin) |
| Filing 69 MINUTES (IN CHAMBERS) RE: VACATING HEARING ON PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT the hearing set for September 30, 2009, at 10:00 a.m. with respect to plaintiff's Motion to Compel Discovery Responses is hereby vacated. The court's decision on the Motion will follow. (mr) Modified on 9/28/2009 (mr). |
| Filing 68 MEMORANDUM in Support of MOTION to Compel Discovery Responses 62 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Daniel A. Beck In Support of Supplemental Memorandum)(Silverman, Daniel) |
| Filing 67 NOTICE OF MOTION AND MOTION to Supplement Memorandum Pursuant to Rule 37-2.3 In Opposition to Plaintiff's Motion to Compel re MOTION to Compel Discovery Responses 62 filed by Defendant The Coca Cola Company. Motion set for hearing on 9/30/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Bern, Martin) |
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Filing 66
ORDER by Magistrate Judge Fernando M. Olguin: IT IS ORDERED THAT: Plaintiff's "Motion to Compel Document Production" (Document No. 42 ), is granted. Defendant shall, no later than September 28, 2009, provide responsive documents to Document Request Nos. 13-18, 20, 22, 24, 26-27, 31, 34, 36, 37, 39, 40, 41, 44, 45 and 53. (mr)
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Filing 65
MINUTES (IN CHAMBERS): ORDER DENYING DEFENDANT'S MOTION TO DISMISS FIRST AMENDED COMPLAINT PURSUANT TO FED.R.CIV.P.12(b)(6) [Docket No.55]. Coca Cola's Motion is DENIED. Pom may pursue discovery in furtherance of its Lanham Act claim and Pom's state law claims are not barred for lack of standing. Defendant has until September 30, 2009 to answer the complaint by Judge S. James Otero: denying 55 Motion to Dismiss (bp)
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| Filing 64 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/8/2009 11:05 a.m. (mo) |
| Filing 63 TRANSCRIPT for proceedings held on 9/8/2009 11:05 a.m.. Court Reporter/Electronic Court Recorder: Exceptional Reporting Services, Inc., phone number (361) 949-2988. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/1/2009. Redacted Transcript Deadline set for 10/11/2009. Release of Transcript Restriction set for 12/9/2009. (mo) |
| Filing 62 NOTICE OF MOTION AND MOTION to Compel Discovery Responses filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 9/30/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Declaration of Daniel A. Beck in Support of Motion to Compel Discovery, # 2 Declaration of Martin Bern re: Motion to Compel Discovery)(Silverman, Daniel) |
| Filing 61 MINUTES (IN CHAMBERS): MOTION to Dismiss First Amended Complaint Pursuant to Fed.R.Civ.P.12(b)(6); Memorandum of Points and Authorities in Support thereof filed by Defendant The Cocal Cola Company. 55 filed 8/10/09. The Court takes the motion under submission by Judge S. James Otero: taking under advisement 55 Motion to Dismiss (bp) |
| Filing 60 MINUTES (IN CHAMBERS): MOTION to Dismiss First Amended Complaint Pursuant to Fed.R.Civ.P.12(b)(6); Memorandum of Points and Authorities in Support thereof filed by Defendant The Cocal Cola Company by Judge S. James Otero: taking under advisement 55 Motion to Dismiss (bp) |
| Filing 59 REPLY In Support Of MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof 55 Reply Memorandum of Points and Authorities in Support of Motion to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 58 OPPOSITION re: MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof 55 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A)(Silverman, Daniel) |
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Filing 57
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE: The Court, having reviewed the accompanying Application of Shani Thome for permission to appear and participate in the above-entitled action by Judge S. James Otero: granting 56 Application to Appear Pro Hac Vice by Attorney Shani Thome on behalf of defendant, Coca-Cola Company, designating Martin D. Bern as local counsel. (bp)
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| Filing 56 APPLICATION for attorney Shani Thome to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order Order On Application Of Non-Resident Attorney To Appear In A Specific Case)(Bern, Martin) |
| Filing 55 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support Thereof filed by Defendant The Coca Cola Company. Motion set for hearing on 9/8/2009 at 10:00 AM before Judge S. James Otero. (Attachments: # 1 Declaration of Martin D. Bern)(Bern, Martin) |
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Filing 54
PROTECTIVE ORDER by Magistrate Judge Fernando M. Olguin re Stipulation for Protective Order 49 . (See document for details). (mr)
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| Filing 53 FIRST AMENDED COMPLAINT against defendants' The Coca Cola Company, DOES amending Complaint - (Discovery) 1 , filed by plaintiff Pom Wonderful LLC (bp) (Additional attachment(s) added on 7/29/2009: # 1 FAC) (bp). |
| Filing 52 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Notice of Deficiency in Electronically Filed Documents (G-112) 50 . Local Rule 7-19.1 Notice to other parties of ex parte application lacking was incorrectly checked by clerk on the Notice to Filer of Deficiencies in Electronically filed Documents. (mr) |
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Filing 51
ORDER by Magistrate Judge Fernando M. Olguin The document is accepted as filed RE: MOTION to Supplement Plaintiff's Motion to Compel Document Production re First MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION) 47 . (mr)
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| Filing 50 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event and caption used on the docket. Plaintiff's Supplemental Memorandum in Support of Motion to Compel Document Production [L.R. 37-2.3) is the correct attached document. No action needed. RE: MOTION to Supplement Plaintiff's Motion to Compel Supplement Plaintiff's Motion to Compel Document Production re First MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION) 47 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mr) |
| Filing 49 Joint STIPULATION for Protective Order filed by Defendant The Coca Cola Company. (Attachments: # 1 Proposed Order)(Bern, Martin) Modified on 7/27/2009 (mr). |
| Filing 48 MEMORANDUM in Opposition to First MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDERFirst MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDERFirst MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDER 42 (SUPPLEMENTAL) filed by Defendant The Coca Cola Company. (Bern, Martin) |
| Filing 47 PLAINTIFF'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION TO COMPEL DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDERFirst MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDERFirst MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDER 42 filed by Plaintiff Pom Wonderful LLC. (Silverman, Daniel) Modified on 7/27/2009 (mr). |
| Filing 46 Joint REQUEST for Hearing Status Conference of the Parties filed by Defendant The Coca Cola Company. (Bern, Martin) |
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Filing 45
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE [PROPOSED] FIRST AMENDED COMPLAINT by Judge S. James Otero: granting 36 Motion for Leave (bp)
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Filing 44
ORDER Re: Discovery Motion by Magistrate Judge Fernando M. Olguin. IT IS ORDERED as follows: The hearing set for August 5, 2009, is hereby vacated. The parties shall file their Local Rule 37-2.3 Supplemental Memorandum of Points and Authorities no later than July 22, 2009. (mr)
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Filing 43
ORDER RE: PARTIES' PROPOSED PROTECTIVE ORDER by Magistrate Judge Fernando M. Olguin, re Stipulation for Protective Order 40 . The court is unable to adopt the Protective Order as stipulated to by the parties. (See document for further details). (mr)
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| Filing 42 NOTICE OF MOTION AND First MOTION to Compel DOCUMENT PRODUCTION ; (L.R. 37-2 JOINT STIPULATION); DECLARATION OF DANIEL A. BECK AND [PROPOSED] ORDER filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/5/2009 at 10:00 AM before Magistrate Judge Fernando M. Olguin. (Attachments: # 1 Declaration Declaration of Daniel A. Beck in Support of Motion to Compel Document Production (with Exhibits A-D), # 2 Exhibit Exhibits D,A - I to Declaration of Daniel A. Beck in Support of Motion to Compel Document Production)(Silverman, Daniel) |
| Filing 41 NOTICE OF REASSIGNMENT OF CASE due to Unavailability of Judicial Officer filed. The previously assigned Magistrate Judge is no longer available. Pursuant to directive of the Chief Magistrate Judge and in accordance with the rules of this Court, the case has been returned to the Clerk for reassignment. This case has been reassigned to Magistrate Judge Fernando M. Olguin for any discovery matters that may be referred. Case number will now read CV 08-06237 SJO (FMOx). (rn) |
| Filing 40 STIPULATION for Protective Order filed by plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Silverman, Daniel) |
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Filing 39
ORDER by Judge S. James Otero: taking under advisement 36 Motion for Leave (rrey)
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| Filing 38 REPLY MOTION for Leave 36 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 37 NOTICE OF NON-OPPOSITION to MOTION for Leave 36 to Amend filed by Defendant The Coca Cola Company. (Bern, Martin) |
| Filing 36 PLAINTIFF POM WONDERFUL LLC'S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE[PROPOSED] FIRST AMENDED COMPLAINT; DECLARATION OF DANIEL S. SILVERMAN re MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) Modified on 6/26/2009 (bp). |
| Filing 35 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: attorney was not added to case because it is unclear from filed document which party he is appearing for RE: Notice of Appearance 34 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (vh) |
| Filing 34 NOTICE of Appearance filed by attorney Andrew Eric Asch on behalf of Plaintiff Pom Wonderful LLC (Asch, Andrew) |
| Filing 33 STIPULATION RE DISCOVERY SCHEDULE filed by plaintiff Pom Wonderful LLC.(bp) |
| Filing 32 STIPULATION for Discovery as to Discovery Schedule filed by plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Campbell, Mark) |
| Filing 31 NOTICE of Association of Counsel Filed by Plaintiff Pom Wonderful LLC (Campbell, Mark) |
| Filing 30 MINUTES OF Scheduling Conference held before Judge S. James Otero, Discovery cut-off 12/9/2009., Motion Hearing Cut-off 1/25/2010., Jury Trial set for 3/9/2009 09:00 AM., Pretrial Conference set for 3/1/2010 09:00 AM.Court Reporter: Margarita Lopez. (bp) |
| Filing 29 JOINT REPORT Rule 26(f) Discovery Plan [And Scheduling Report] ; estimated length of trial 8 to 10 days, filed by Plaintiff Pom Wonderful LLC.. (Attachments: # 1 Exhibit A)(Campbell, Mark) |
| Filing 28 JOINT ADR PILOT PROGRAM QUESTIONNAIRE filed by Plaintiff Pom Wonderful LLC.(Campbell, Mark) |
| Filing 27 ANSWERJURY DEMAND. DEFENDANT'S ANSWER TO COMPLAINT; DEMAND FOR JURY TRIAL filed by Defendant The Coca Cola Company.(Bern, Martin) |
| Filing 26 MINUTES OF IN CHAMBERS ORDER held before Judge S. James Otero: The Court orders defendant to file its Answer to the Complaint by 3/2/09. Counsel are hereby notified that a Scheduling Conference has been set for 3/16/2009 08:30 AM. (bp) |
|
Filing 25
ORDER by Judge S. James Otero, re MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 . Coca Cola's Motion is GRANTED IN PART, DENIED IN PART. (bp)
|
| Filing 24 OBJECTIONS to Notice (Other) 19 [OF RELATED CASES FILED BY DEFENDANT THE COCA-COLA COMPANY] filed by Plaintiff Pom Wonderful LLC. (Campbell, Mark) |
| Filing 23 OBJECTIONS to Report 20 AND RESPONSES TO SCHEDULING REPORT filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 22 NOTICE of Appearance filed by attorney Walter Allan Edmiston on behalf of Plaintiff Pom Wonderful LLC (Edmiston, Walter) |
| Filing 21 DECLARATION of W. ALLAN EDMISTON re Report 20 IN SUPPORT OF SCHEDULING REPORT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(F) AND LOCAL RULE 26-1 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Campbell, Mark) |
| Filing 20 SCHEDULING REPORT of PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 26(F) AND LOCAL RULE 26-1 filed by Plaintiff Pom Wonderful LLC. (Campbell, Mark) |
| Filing 19 NOTICE OF RELATED CASES filed by Defendant The Coca Cola Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dworsky, Marc) |
| Filing 18 OBJECTION TO POM'S SECOND REQUEST FOR LEAVE TO LODGE "SUPPLEMENTAL" AUTHORITY IN OPPOSITION TO re: MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 17 NOTICE [FURTHER] OF SUBSEQUENT AUTHORITY IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) OR, IN THE ALTERNATIVE, REQUEST FOR LEAVE TO LODGE SUBSEQUENT AUTHORITY filed by PLAINTIFF Pom Wonderful LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B-[Proposed] Order)(Edmiston, Walter) |
| Filing 15 OBJECTION in support of re: MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 Objection to Request for Leave to Lodge "Supplemental" Authority filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 16 MINUTES OF IN CHAMBERS ORDER Vacating Hearing on Defendant's Motion to Dismiss Pursuant to Fed R. Civ. Pr. 12(b)(6) 8 held before Judge S. James Otero. The Court has determined that the matter is suitable for disposition without oral argument from counsel. Therefore, the hearing scheduled for 1/5/2008 at 10:00 am is hereby VACATED. Order will issue. (csi) |
| Filing 14 NOTICE OF SUBSEQUENT AUTHORITY IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(B)(6) OR, IN THE ALTERNATIVE, REQUEST FOR LEAVE TO LODGE SUBSEQUENT AUTHORITY filed by PLAINTIFF Pom Wonderful LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Edmiston, Walter) |
| Filing 13 REPLY in support of MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 12 NOTICE OF ERRATA filed by Defendant The Coca Cola Company. correcting MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 (Dworsky, Marc) |
| Filing 11 OPPOSITION re: MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 filed by Plaintiff Pom Wonderful LLC. (Campbell, Mark) |
| Filing 10 Notice of Interested Parties filed by Defendant The Coca Cola Company, identifying The Coca-Cola Company, American International Group (AIG). (Dworsky, Marc) |
| Filing 9 DECLARATION of Kristin S. Escalante In Support Of MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) 8 filed by Defendant The Coca Cola Company. (Dworsky, Marc) |
| Filing 8 NOTICE OF MOTION AND MOTION to Dismiss Case Pursuant to FRCP 12(b)(6) filed by Defendant The Coca Cola Company. Motion set for hearing on 1/5/2009 at 10:00 AM before Judge S. James Otero. (Dworsky, Marc) |
| Filing 7 PROOF OF SERVICE filed by PLAINTIFF Pom Wonderful LLC, re Order 4 [INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE S. JAMES OTERO] served on October 28, 2008. (Campbell, Mark) |
| Filing 6 NOTICE AND ACKNOWLEDGEMENT OF SERVICE of Summons an Complaint returned Executed filed by PLAINTIFF Pom Wonderful LLC. upon The Coca Cola Company acknowledgment sent by Plaintiff on 10/23/2008, answer due 12/22/2008. Acknowledgment of Service signed by KRISTIN ESCALANTE, ATTORNEY FOR THE COCA COLA COMPANY. (Campbell, Mark) |
| Filing 5 PROOF OF SERVICE Executed by Plaintiff Pom Wonderful LLC, upon The Coca Cola Company served on 9/23/2008, answer due 10/14/2008. Original Summons Was Not Returned. (Campbell, Mark) |
| Filing 4 INITIAL STANDING ORDER FOR CASES ASSIGNED TO Judge S. James Otero, (bp) |
| Filing 3 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) |
| Filing 2 CERTIFICATE of Interested Parties filed by Plaintiff Pom Wonderful LLC. (et) (ds). |
| Filing 1 COMPLAINT against Defendants The Coca Cola Company, DOES 1-10, inclusive. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Pom Wonderful LLC. (et) (ds). |
| 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants The Coca Cola Company, DOES 1-10, inclusive. (et) |
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