Pom Wonderful LLC v. Welch Foods, Inc. et al
| Pom Wonderful LLC |
| DOES and Welch Foods, Inc. |
| Pom Wonderful LLC |
| Welch Foods, Inc. |
| 2:2009cv00567 |
| February 3, 2010 |
| US District Court for the Central District of California |
| Western Division - Los Angeles Office |
| A. Howard Matz |
| Alicia G. Rosenberg |
| Other |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Docket Report
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| Filing 207 MINUTES OF Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. At the request of the parties, the court conducted a telephonic conference on July 30, 2010, at 4:00 p.m. Welch's indicates that it wishes to seek a modification of the protective order. Pom opposes the request. The court and parties set the following briefing schedule on Welch's motion: Welch's opening brief shall be filed on or before Wednesday, August 4, 2010. Pom's opposition shall be filed on or before Wednesday, August 11, 2010. Welch's reply brief, if any, shall be filed on or before Monday, August 16, 2010. Unless otherwise ordered, the court will take the matter under submission without oral argument on August 16, 2010. Court Recorder: CS 7/30/2010. (mp) |
Filing 203
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, a telephonic conference is set for Friday, July 30, 2010, at 4:00 p.m. before Magistrate Judge Alicia G. Rosenberg. The Court will initiate the conference call. (mp)
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| Filing 206 SEALED DOCUMENT- Declaration of Victoria J. Ianni in Support of Defendant Welch Foods Inc.'s Notice of Motion and Motion in Limine to Exclude Testimony and Report of Sheldon Bradshaw.(mat) |
| Filing 205 SEALED DOCUMENT-DECLARATION of Victoria J. Ianni in Support of Defendant Welch Foods Inc's Notice of Motion and Motion in Limine to Exclude Testimony and Report of Sheldon Bradshaw (mg) |
| Filing 204 SEALED DOCUMENT-DEFENDANT WELCH FOODS INC.'S NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony and Report of Sheldon Bradshaw. Hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz.(mg) |
| Filing 202 SEALED DOCUMENT- Declaration of Christopher Van Gundy in Support of Plaintiff POM Wonderful LLC's Motions in Limine Nos. 1-7. (mat) |
| Filing 201 SEALED DOCUMENT- Plaintiff POM Wonderful LLC's Notice of Motion and Motion in Limine No. 7 to Exclude Elizabeth Campbell Declaration and Expert Rebutal Report, and Related Testimony.(mat) |
| Filing 200 SEALED DOCUMENT- Plaintiff POM Wonderful LLC's Notice of Motion and Motion in Limine No. 3 to Exclude Evidence Regarding FDA Compliance, Including Through Expert Testimony of Elizabeth Campbell.(mat) |
| Filing 199 SEALED DOCUMENT- Plaintiff POM Wonderful LLC.'s Notice of Motion and Motion in Limine No. 2 to Preclude Evidence of POM's Conduct that Purportedly Constitutes Unclean Hands.(mat) |
| Filing 198 SEALED DOCUMENT- Plaintiff POM Wonderful LLC.'s Notice of Motion and Motion in Limine NO 1 to Exclude all Testimony of Defendant Welch's Foods, Inc.'s Expert Witness Jeffrey Blumberg, PH>D. Regarding POM's Advertising.(mat) Modified on 7/29/2010 (mat). |
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Filing 197
ORDER by Judge A. Howard Matz: granting 196 Application to Seal 1) Motion in Limine and 2) Exhibit A to the Declaration of Victoria J. Ianni. (kbr)
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| Filing 196 APPLICATION for Order to Seal 1) Motion in Limine; and 2) Exhibit A tot he Declaration of Victoria J. Ianni, filed by Defendant Welch Foods, Inc. (kbr) |
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Filing 195
ORDER by Judge A. Howard Matz GRANTING Application for Order to Seal 193 . (jp)
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| Filing 194 PROOF OF SERVICE filed by Plaintiff Pom Wonderful LLC, re: APPLICATION to Seal 193 and Motions in Limine Nos. 1, 2, 3 and 7, served on 7/26/10. (kbr) |
| Filing 193 APPLICATION to Seal Motions in Limine Nos. 1, 2, 3, and 7, filed by Plaintiff Pom Wonderful LLC. (kbr) |
| Filing 192 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude All Argument and Evidence Regarding Adulteration of Pomegranate Concentrate in Welch's Juice And memorandum of Points and Authorities in Support filed by Defendant Welch Foods, Inc.. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration of Rick L. Shackelford In Support)(Shackelford, Rick) |
| Filing 191 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude All Argument and Evidence Regarding the Source of Welch's Pomegranate Concentrate and/or Ingredients And Memorandum of Points and Authorities in Support filed by Defendant Welch Foods, Inc.. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration of Rick L. Shackelford in Support)(Shackelford, Rick) |
| Filing 190 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude All Argument and Evidence Regarding Welch's Blueberry Pomegranate Concord Grape Juice And Memorandum of Points and Authorities in Support filed by Defendant Welch Foods, Inc.. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration Declaration of Rick L. Shackelford In Support)(Shackelford, Rick) |
| Filing 189 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude All Argument and Evidence Regarding Reference to Profits in Front of Jury: No Right to Jury for Disgorgement and Memorandum of Points and Authorities in Support of Motion in Limine filed by Defendant Welch Foods, Inc.. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz.(Shackelford, Rick) |
| Filing 188 NOTICE OF MOTION AND MOTION IN LIMINE to Exclude Testimony and Report of Sheldon Bradshaw filed by Defendant Welch Foods, Inc.. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration Declaration of Victoria Ianni in Support)(Shackelford, Rick) |
| Filing 187 NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Preclude re: David Nolte filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration of Christopher Van Gundy In Support of Motion in Limine #8, # 2 Proposed Order re: Motion in Limine #8)(Froelich, Sophie) |
| Filing 186 NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Elizabeth Campbell Declaration filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration of Christopher Van Gundy In Support Of Motions in Limine #'s 1 - 7, # 2 Proposed Order re: Motion in Limine #7)(Froelich, Sophie) |
| Filing 185 NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Preclude FDA Warning Letter filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #6)(Froelich, Sophie) |
| Filing 184 NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Coca-Cola Action filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #5)(Froelich, Sophie) |
| Filing 183 NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Preclude Quasi-Governmental Opinions filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #4)(Froelich, Sophie) |
| Filing 182 NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence re: FDA Compliance filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #3)(Froelich, Sophie) |
| Filing 181 NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude re: Clean Hands filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #2)(Froelich, Sophie) |
| Filing 180 NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Expert Witness Jeffrey Blumberg filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 8/16/2010 at 11:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order re: Motion in Limine #1)(Froelich, Sophie) |
| Filing 179 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Documents in Support of Motion in Limine Re Bradshaw Testimony. (Shackelford, Rick) |
| Filing 178 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Motions in Limine Nos. 1, 2, 3 and 7; Application to File Under Seal and [Proposed Order]; Declaration of Christopher Van Gundy In Support of Plaintiff's Motions in Limine Nos. 1 - 7. (Froelich, Sophie) |
| Filing 177 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Motion in Limine Re Exclusion of Bradshaw Legal Opinion. (Shackelford, Rick) |
| Filing 176 MINUTES OF IN CHAMBERS ORDER by before Magistrate Judge Alicia G. Rosenberg RE NON-PARTY MARK L. DREHER'S OBJECTION TO PRODUCTION OF DEPOSITION TRANSCRIPT. IT IS HEREBY ORDERED that: 1. Within 10 court days after the date of this order, Dr. Dreher's counsel may redact from Dr. Dreher's deposition transcript his personal information (other than name and contact information), and information about his work after he left Pom and his clients. 2. Pom shall produce the redacted transcript of Dr. Dreher's deposition to Welch's counsel within 7 court days after receiving the redactions. 3. If Dr. Dreher's counsel does not redact the transcript within 10 court days after the date of this order as provided in paragraph 1, Pom shall produce the unredacted transcript of Dr. Dreher's deposition to Welch's counsel within 7 court days after the time for redaction has lapsed. 4. Dr. Dreher's deposition transcript, whether redacted or unredacted, shall retain its highly confidential attorneys' eyes only designation in this case. (See protective order, Dkt.No. 77.) (See order for details.) (mp) |
| Filing 175 NOTICE of Association of Counsel associating attorney Todd C. Theodora on behalf of Plaintiff Pom Wonderful LLC, Counter Defendant Pom Wonderful LLC. Filed by Plaintiff Pom Wonderful LLC, Counter Defendant Pom Wonderful LLC (Theodora, Todd) |
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Filing 174
MINUTES (IN CHAMBERS): ORDER by Judge A. Howard Matz: taking under off calendar and advisement 127 Motion for Partial Summary Judgment; taking off calendar and under advisement 130 Motion for Summary Judgment. (se)
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| Filing 173 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: The Court DENIES Welch's Motion for Summary Judgment 88 . No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7-15. (See attached Minute Order for further details). (jp) |
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Filing 172
MINUTES (IN CHAMBERS): ORDER by Judge A. Howard Matz: denying 93 Motion for Review of Magistrate Judge's 3/16/10 ruling denying Pom's motion to compel discovery responses. (se)
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| Filing 171 NOTICE OF LODGING filed In Support of Welch's Motion for Summary Judgment on Affirmative Defense of Unclean Hands re Declaration (Motion related) 135 , Memorandum in Support of Motion 133 , Declaration (Motion related) 166 , Reply (Motion related) 165 (Shackelford, Rick) |
| Filing 170 PROOF OF SERVICE filed by defendant Welch Foods, Inc., re Declaration (Motion related) 168 , APPLICATION to Seal 164 , Reply (Motion related) 167 , Declaration (Motion related) 166 , Reply (Motion related) 165 served on June 28, 2010. (Shackelford, Rick) |
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Filing 169
ORDER by Judge A. Howard Matz: granting APPLICATION to Seal 164 Defendant Welch Foods Inc's Reply Brief; Declaration of Rick L. Shackelford; Declaration of Daniell K. Newman, and Defendant Reply Separate Statement of undisputed Facts. (kbr)
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| Filing 168 SEALED DOCUMENT- Declaration of Daniell K. Newman in Support of Motion for Summary Judgment. (Attachments: Part 2, Part 3, Part 4, Part 5)(mat) |
| Filing 167 SEALED DOCUMENT- Defendant Welch Foods, Inc.'s Reply Separate Statment of Undisputed Facts in Support of Motion for Summary Judgment on Affirmative Defense of Unclean Hands. (mat) |
| Filing 166 SEALED DOCUMENT- Declaration of Rick L. Shackelford in Support of Defendant Welch Foods, Inc.'s Reply Brief Re: Motion for Summary Judgment on Affirmative Defense of Unclean Hands.(mat) |
| Filing 165 SEALED DOCUMENT- Reply Brief in Support of Motion for Summary Judgment on Affirmative Defense of Unclean Hands.(mat) |
| Filing 164 APPLICATION for Order to Seal the following documents: Defendant Welch Foods Inc's Reply Brief; Declaration of Rick L. Shackelford; Declaration of Daniell K. Newman, and Defendant Reply Separate Statement of undisputed Facts filed by Defendant Welch Foods, Inc. Lodged Proposed Order. (jp) |
| Filing 163 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Application to File Under Seal; Proposed Order. (Shackelford, Rick) |
| Filing 162 Objection In Support re: MOTION for Summary Judgment as to on Affirmative Defense of Unclean Hands 130 , MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 Defendant Welch Foods, Inc.'s Reply to Plaintiff Pom Wonderful LLC's Evidentiary Objections to Declaration of Ivan Ross filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 161 OBJECTION In Support re: MOTION for Summary Judgment as to on Affirmative Defense of Unclean Hands 130 , MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 DEFENDANT WELCH FOODS, INC.'S EVIDENTIARY OBJECTIONS TO KNIGHT DELCARATION FILED IN OPPOS TO WELCH'S MSJ RE UNCLEAN HANDS filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 160 STATEMENT of Welch's Reply Separate Statement of Undisputed Facts ISO MSJ Re Unclean Hands MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 159 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to on Affirmative Defense of Unclean Hands 130 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Exhibit 1 to RJN ISO Welch's Reply Brief, # 2 Exhibit 2-4 to RJN ISO Welch's Reply Brief, # 3 Exhibit 5-6 to RJN ISO Welch's Reply Brief)(Shackelford, Rick) |
| Filing 158 REPLY In Support MOTION for Summary Judgment as to on Affirmative Defense of Unclean Hands 130 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Declaration Declaration of Rick Shackelford ISO Welch's Reply Brief Re MSJ Re Unclean Hands, # 2 Exhibit Ex. 1-10 to Shackelford Declaration, # 3 Declaration Elizabeth Campbell Decl, # 4 Declaration Daniell Newman Decl. ISO Welch's Reply Brief ISO MSJ Re Unclean Hands, # 5 Exhibit Ex. A-C to Newman Decl.)(Shackelford, Rick) |
| Filing 157 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Reply Brief ISO Welch's MSJ Re Unclean Hands; Shackelford Decl ISO Reply Brief; Newman Decl ISO Reply Brief; Reply Separate Statement. (Shackelford, Rick) |
| Filing 156 OBJECTIONS to Discovery Hearing, 142 re: Production of Non-Party Mark Dreher's Deposition Transcript from Pom v. Coca-Cola, USDC Case No. 08-6237 SJO FMOx C.D. Cal. filed by Plaintiff Pom Wonderful LLC. (Froelich, Sophie) |
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Filing 155
ORDER by Judge A. Howard Matz GRANTING Stipulation to Extend Discovery Cut-Off Date 154 : Motions in Limine to be filed by 7/26/2010. See document for further extended deadlines. (se)
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| Filing 154 STIPULATION to Extend Discovery Cut-Off Date to July 19, 2010 for Rebuttal Expert Witness Disclosure; July 26, 2010 for Expert Discovery Cut-Off and Deadline to Submit Motions in Limine filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Froelich, Sophie) |
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Filing 153
ORDER by Judge A. Howard Matz GRANTING Application for Order to Seal: (1) Plaintiff POM Wonderful LLC's Opposition to Welch Food Inc's Motion for Summary Judgment on Affirmative Defense of Unclean hands; (2) Separate Statement; (3) Declaration of Michael Vasseghi; and (4) Declaration of Malcolm Knight 152 . (jp)
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| Filing 152 APPLICATION for Order to Seal: (1) Plaintiff POM Wonderful LLC's Opposition to Welch Food Inc's Motion for Summary Judgment on Affirmative Defense of Unclean hands; (2) Separate Statement; (3) Declaration of Michael Vasseghi; and (4) Declaration of Malcolm Knight filed by plaintiff Pom Wonderful LLC. Lodged Proposed Order. (jp) |
| Filing 151 PROOF OF SERVICE filed by plaintiff Pom Wonderful LLC, served on 6/21/10. See document for list of served documents. (se) |
| Filing 150 SEALED DOCUMENT- Declaration of Michael Vasseghi in Support of Plaintiff's Opposition to Welch Food Inc.'s Motion for Summary Judgment as to on Affirmative Defense of Unclean Hands. (mat) |
| Filing 149 SEALED DOCUMENT- Declaration of Malcolm Knight in Support of Plaintiff's Opposition to Welch Food Inc.'s Motion for Summary Judgment on the Affirmative Defense of Unclean Hands.(mat) |
| Filing 148 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 as to on Affirmative Defense of Unclean Hands.(mat) |
| Filing 147 SEALED DOCUMENT- Plaintiff's Opposition to Welch Food Inc.'s Motion for Summary Judgment as to on Affirmative Defense of Unclean Hands. (mat) |
| Filing 146 Evidentiary Objection re: MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 (Declaration of Ivan Ross) filed by Plaintiff Pom Wonderful LLC. (Froelich, Sophie) |
| Filing 145 STATEMENT of Genuine Issues of Material Fact and Proposed Conclusions of Law In Opposition to Defendant's MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 filed by Plaintiff Pom Wonderful LLC. (Froelich, Sophie) |
| Filing 144 OPPOSITION re: MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Michael Vasseghi, # 2 Declaration of Malcolm Knight, # 3 Declaration of Matt Tupper, # 4 Declaration of Jeffrey Cole, # 5 Declaration of Deborah E. Jay)(Froelich, Sophie) |
| Filing 143 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Application to Seal; (2) [Proposed] Order; (3) Pom's Opposition to Welch's Motion for Summary Judgment; (4) Pom's Separate Statement in Support of it Opposition to Welch's Motion for Summary Judgment; (5) Declaration of Michael Vasseghi; (6) Declaration of Malcolm Knight; and (7) Proof of Service. (Froelich, Sophie) |
| Filing 142 MINUTES OF Telephonic Hearing held before Magistrate Judge Alicia G. Rosenberg. At the parties' request, the court conducted a hearing regarding this court's June 4, 2010 Order. IT IS HEREBY ORDERED that Dr. Dreher's third party objections to production of his deposition transcript be filed no later than June 24, 2010. The Court will take the matter under submission without further oral arguments on June 25, 2010. Court Recorder: CS 06/17/2010. (mp) |
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Filing 141
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, a telephonic conference is set for June 17, 2010, at 10:00 a.m. before Magistrate Judge Alicia G. Rosenberg. The Court will initiate the conference call. (mp)
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| Filing 140 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: re: MOTION for Summary Judgment as to Dismissal 88 and MOTION for Review of Magistrate Judge's Order 82 . The Court, on its own motion, takes the matter under submission. The hearing scheduled for 6/14/10 is taken off calendar; no appearances necessary. (kbr) |
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Filing 139
ORDER FOR SUBSTITUTION OF ELECTRONICALLY REDACTED PAPERS WITH MANUALLY REDACTED PAPERS by Judge A. Howard Matz In consideration of and pursuant to the Joint Stipulation 137 between Plaintiff and Defendant dated June 10, 2010 and for the specific findings of good cause appearing in the Parties' Stipulation, (1) The "Public Redacted Versions" of Welch's Memorandum of Points and Authorities 127 , Separate Statement of Undisputed Facts and Declaration of Rick L. Shackelford and exhibits thereto be removed from the Courts electronic records 128 ; and (2) Substitute pdf versions with the same information redacted be resubmitted in place of the removed records. (jp) Modified on 6/14/2010 (jp).
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| Filing 138 NOTICE OF LODGING filed re MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 , Statement, 128 (Attachments: # 1 Welch's Memorandum ISO Welch's Motion for Summary Judgment on Affirmative Defense of Unclean Hands and Exhibits Thereto, # 2 Shackelford Declaration ISO Welch's Motion for Summary Judgment on Affirmative Defense of Unclean Hands and Exhibits Thereto, # 3 Welch's Separate Statement of Unidsputed Facts ISO Motion for Summary Judgment on Affirmative Defense of Unclean Hands)(Shackelford, Rick) |
| Filing 137 STIPULATION for Order Substitution of Electronically Redacted Papers with Manually Redacted Papers filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Proposed Order)(Shackelford, Rick) |
| Filing 136 SEALED DOCUMENT- Defendant Welch Foods, Inc.'s Notice of Errata Regarding Declaration of Rich L. Shackelford in Support of Defendant's Motion for Summary Judgment on Affirmative Defense of Unclean Hands. (mat) |
| Filing 135 SEALED DOCUMENT- Declaration of Rick L. Shackelford in Support of Defendant Welch Foods, Inc.'s Motion for Summary Judgment on Affirmative Defense of Unclean Hands. (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7)(mat) |
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Filing 134
ORDER by Judge A. Howard Matz: granting Application to Seal 131 , sealing the following documents: (1) Defendant Welch Foods Inc's Memorandum of Points and Authorities in support of Defendant Motion for Summary Judgment (2) Defendant's Separate Statement of Undisputed Facts in support of Motion for Summary Judgment and (3) Declaration of Rick L. Shackelford in support of defendant Motion for Summary Judgment. (kbr)
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| Filing 133 SEALED DOCUMENT- Memorandum of Points and Authorities in Support of Defendant Welch Foods, Inc.'s Motion for Summary Judgment on Affirmative Defense of Unclean Hands.(mat) |
| Filing 132 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Welch's Notice of Errata Re Shackelford Declaration in support of Motion for Summary Judgment Re Unclean Hands. (Shackelford, Rick) |
| Filing 131 APPLICATION for Order to Seal: (1) Defendant Welch Foods Inc's Memorandum of Points and Authorities in support of Defendant Motion for Summary Judgment on Affirmative Defense of Unclean Hands; (2) Defendant Separate Statement of Undisputed Facts in support of Motion for for Summary Judgment on Affirmative Defense of Unclean Hands; and (3) Declaration of Rick L. Shackelford in support of defendant Motion for Summary Judgment on Affirmative Defense of Unclean Hands filed by Defendant Welch Foods, Inc. Lodged Proposed Order. (jp) |
| Filing 130 NOTICE OF MOTION AND MOTION for Summary Judgment as to on Affirmative Defense of Unclean Hands filed by defendant Welch Foods, Inc. Motion set for hearing on 7/12/2010 at 10:00 AM before Judge A. Howard Matz. (se) |
| Filing 129 OF SERVICE filed by Defendant Welch Foods, Inc., re MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 Application to File Under Seal; Proposed Order Granting Application to File Under Seal served on 06/07/2010. (Shackelford, Rick) |
| Filing 128 STATEMENT DEFENDANT WELCH FOODS, INC.'S SEPARATE STATEMENT OF UNDISPUTED FACTSD IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ON AFFIRMATIVE DEFENSE OF UNCLEAN HANDS re: MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands 127 . (Shackelford, Rick) (Main Document 128 replaced on 6/14/2010) (jp). |
| Filing 127 NOTICE OF MOTION AND MOTION for Partial Summary Judgment as to Judgment on Affirmative Defense of Unclean Hands filed by Defendant Welch Foods, Inc.. Motion set for hearing on 7/12/2010 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Memorandum Welch's Memorandum of Points and Authorities In Support of Motion for Summary Judgment Re Unclean Hands, # 2 Exhibit A-B to Welch's MSJ Re Unclean Hands, # 3 Declaration Shackelford Decl. ISO Welch's MSJ Re Unclean Hands, # 4 Exhibit 12 to Shackelford Decl. ISO Welch's MSJ Re Unclean Hands, # 5 Exhibit 28 to Shackelford Decl. ISO Welch's MSJ Re Unclean Hands, # 6 Exhibit 60 to Shackelford Decl ISO Welch's MSJ re Unclean Hands, # 7 Exhibit 61 to Shackelford Decl ISO Welch's MSJ Re Unclean Hands, # 8 Declaration Ross Decl ISO of Welch's MSJ Re Unclean Hands, # 9 Declaration Holmgren Decl ISO Welch's MSJ Re Unclean Hands, # 10 Proposed Order Welch's Proposed Order Granting MSJ Re Unclean Hands)(Shackelford, Rick) (Attachment 1 replaced on 6/14/2010) (jp). (Attachment 2 replaced on 6/14/2010) (jp). (Attachment 3 replaced on 6/14/2010) (jp). (Attachment 4 replaced on 6/14/2010) (jp). (Attachment 5 replaced on 6/14/2010) (jp). (Attachment 6 replaced on 6/14/2010) (jp). (Attachment 7 replaced on 6/14/2010) (jp). |
| Filing 126 NOTICE of Manual Filing filed by Defendant Welch Foods, Inc. of Application to File Under Seal; Proposed Order; Welch's Motion for Summary Judgment Re Unclean Hands; Shackelford Declaration ISO Motion for Summary Judgment RE Unclean Hands; Separate Statement in support of Motion for Summary Judgment Re Unclean Hands. (Shackelford, Rick) |
| Filing 125 MINUTES OF Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. At the parties' request, the court conducted a discovery hearing. In summary, Welch's sought to compel Pom to produce documents responsive to document request nos. 19-22 in Welch's third request for production of documents. The court reviewed Pom's written objections and responses, and heard oral argument. IT IS HEREBY ORDERED that Welch's motion to compel production of sworn testimony in other legal proceedings is GRANTED IN PART AND DENIED IN PART as follows: 1.By agreement of the parties, production pursuant to this order is due on or before June 11, 2010. 2. On or before June 11, 2010, Pom shall produce the deposition transcripts of its Rule 30(b)(6) witnesses and lay witnesses in Pom v. Coca Cola. 3. In all other respects, Welch's motion is denied. (See Order for details.)Court Recorder: CS 04/06/2010. (mp) |
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Filing 124
MINUTES (IN CHAMBERS): ORDER RE PLAINTIFF'S MOTION TO COMPEL WELCH'S TO PRODUCE PERSON MOST KNOWLEDGEABLE REGARDING NEW BLUEBERRY POMEGRANATE CONCORD GRAPE PRODUCT by Magistrate Judge Alicia G. Rosenberg: denying 113 Motion to Compel. District courts have broad discretion to control discovery. For the reasons described above, Pom's motion to compel Welch's to designate Rule 30(b)(6) witness(es) on proposed topics 16, 19, 20 and 21 as to the Blueberry Pomegranate Concord Grape Product is DENIED. IT IS SO ORDERED. (See Order for details.) (mp)
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Filing 123
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg. Upon the parties' request, a telephonic conference is set for June 4, 2010, at 10:00 a.m. before Magistrate Judge Alicia G. Rosenberg. The Court will initiate the conference. (mp)
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| Filing 122 OPPOSITION OPPOSITION re: MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product 113 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Declaration Shackelford Declaration in Support of Welch's Opposition to Pom's Motion to Compel, # 2 Exhibit 1-4 to Shackelford Declaration, # 3 Exhibit 5-11 to Shackelford Declaration)(Shackelford, Rick) |
| Filing 121 STATEMENT of Supplemental Statement of Undisputed Facts MOTION for Summary Judgment as to Dismissal 88 Defendant Welch Foods, Inc.'s Supplemental Statement of Undisputed Facts In Support of Motion for Summary Judgment filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 120 REPLY In Support MOTION for Summary Judgment as to Dismissal 88 Defendant Welch Foods, Inc.'s Reply Memorandum In Support of Motion for Summary Judgment filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Exhibit 1-3 ISO Welch's Reply to Motion for Summary Judgment)(Shackelford, Rick) |
| Filing 119 REPLY in support of MOTION for Review of Magistrate Judge's Order Denying Plaintiff's Motion to Compel re Order on Motion to Compel,,,,,,, 82 MOTION for Review of Magistrate Judge's Order Denying Plaintiff's Motion to Compel re Order on Motion to Compel,,,,,,, 82 93 filed by Plaintiff Pom Wonderful LLC. (Froelich, Sophie) |
| Filing 118 DECLARATION of Michael Vasseghi in support of MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product 113 filed by Plaintiff Pom Wonderful LLC. (Froelich, Sophie) |
| Filing 115 NOTICE OF LODGING filed NOtice of Lodging Written Discovery Materials re Minutes of In Chambers Order/Directive - no proceeding held,,,,,, 111 (Attachments: # 1 Exhibit 1-3 Welch's NOtice of Lodging Written Discovery Materials)(Shackelford, Rick) |
| Filing 117 SEALED DOCUMENT- Declaration of Michael Vasseghi in Support of Motion to Compel.(mat) |
| Filing 116 SEALED DOCUMENT- Notice of Motion and Motion to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding its New Blueberry Pomegranate Concord Grape Product. (mat) |
| Filing 114 OF SERVICE filed by plaintiff Pom Wonderful LLC, re MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product 113 served on 5/25/10. (es) |
| Filing 113 NOTICE OF MOTION AND MOTION to Compel Welch's to Produce Person(s) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Michael Vasseghi)(Froelich, Sophie) |
| Filing 112 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of (1) Notice of Motion and Motion to Compel Welchs To Produce Person(S) Most Knowledgeable Regarding Its New Blueberry Pomegranate Concord Grape Product and (2) Declaration of Michael Vasseghi. (Froelich, Sophie) |
| Filing 111 MINUTES OF IN CHAMBERS RE TELEPHONE HEARING ON MAY 21, 2010 held before Magistrate Judge Alicia G. Rosenberg: Case called. Michael Vasseghi, Esq., and Michael Javaheri, Esq., appeared on behalf of Plaintiff Pom Wonderful. Rick Shackelford, Esq., appeared on behalf of Defendant Welch's Food. At the parties request, the court conducted a telephonic hearing to discuss a discovery dispute. As stated in this court's order dated May 19, 2010, Pom served an amended Rule 30(b)(6) notice ("Amended Notice") on Welch's on May 5, 2010. (Dkt. No. 110.) The Amended Notice contained 12 new topics related to Welch's Blueberry Pomegranate Concord Grape Product (topics 15-23, 25, and 27-28). In today's hearing, Pom advised that it is seeking an order compelling Welch's to produce a deponent(s) to testify on those topics. Accordingly, IT IS HEREBY ORDERED that: 1. Pom may file (under seal if necessary) a Notice which includes those portions of the deposition transcripts that it contends supports its argument on or before May 25, 2010. Pom may supplement its showing no later than May 28, 2010, at 1:00 p.m., with transcripts from May 26 or 27, 2010, if appropriate. 2. Welch's may file (under seal if necessary) a Notice which includes those portions of the deposition transcripts that it contends supports its argument on or before June 1, 2010. 3. Unless otherwise ordered, this matter will be taken under submission after Welch's filing on June 1, 2010. (es) |
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Filing 110
MINUTES (IN CHAMBERS): ORDER DENYING PLAINTIFF'S REQUEST FOR ORDER COMPELLING DEPOSITION OF WELCH'S CHIEF EXECUTIVE OFFICER by Magistrate Judge Alicia G. Rosenberg: denying 102 Request for Order. IT IS HEREBY ORDERED that Pom's request for an order compelling Mr. Irwin to appear for deposition is denied based on the record at this stage of the proceedings. (See Order for details.) (mp)
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| Filing 109 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 108 SEALED DOCUMENT- Plaintiff POM Wonderful LLC's Opposition to Welch Food Inc.'s Motion for Summary Judgment. (mat) |
| Filing 107 SEALED DOCUMENT- Declaration of Michael Vasseghi in Opposition to Defendant's Motion for Summary Judgment.(mat) |
| Filing 106 SEALED DOCUMENT- Declaration of Jeffrey Cole in Opposition to Defendant's Motion for Summary Judgment. (mat) |
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Filing 104
ORDER by Judge A. Howard Matz GRANTING Application for Order to Seal (1) Plaintiff Opposition to Welch Food Inc's Motion for summary Judgment; (2) Pom Wonderful LLC's Separate Statement in support of Its Opposition to Welch Food Inc's Motion for Summary Judgment; (3) Declaration of Jeffrey Cole in support of Pom Wonderful LLC's Opposition to Welch's Motion; and (4) Exhibit "A" to the Declaration of Michael Vasseghi 103 . (jp)
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| Filing 105 PROOF OF SERVICE filed by Plaintiff Pom Wonderful LLC, re APPLICATION to Seal 103 served on 5/14/10. (kbr) |
| Filing 103 APPLICATION for Order to Seal (1) Plaintiff Opposition to Welch Food Inc's Motion for summary Judgment; (2) Pom Wonderful LLC's Separate Statement in support of Its Opposition to Welch Food Inc's Motion for Summary Judgment; (3) Declaration of Jeffrey Cole in support of Pom Wonderful LLC's Opposition to Welch's Motion; and (4) Exhibit "A" to the Declaration of Michael Vasseghi filed by plaintiff Pom Wonderful LLC. Lodged Proposed Order. (jp) |
| Filing 102 STATUS REPORT of re: Deposition of Welch's President filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration, # 2 Proposed Order)(Froelich, Sophie) Modified on 5/19/2010 (mp). |
| Filing 101 OPPOSITION OPPOSITION OF DEFENDANT WELCH FOODS re: MOTION for Review of Magistrate Judge's Order Denying Plaintiff's Motion to Compel re Order on Motion to Compel,,,,,,, 82 MOTION for Review of Magistrate Judge's Order Denying Plaintiff's Motion to Compel re Order on Motion to Compel,,,,,,, 82 93 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Declaration of Rick Shackelford in Opposition to Plaintiff's Motion to Review, # 2 Exhibit 1-2 to Shackelford Declaration)(Shackelford, Rick) |
| Filing 100 STATEMENT of Genuine Issues of Material Fact In Support of Opposition to MOTION for Summary Judgment as to Dismissal 88 filed by Plaintiff Pom Wonderful LLC. (Sedlik, Gary) |
| Filing 99 Opposition re: MOTION for Summary Judgment as to Dismissal 88 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration Of Michael Vasseghi, # 2 Declaration Of Jeffrey Cole, # 3 Declaration Of E. Deborah Jay)(Sedlik, Gary) |
| Filing 98 NOTICE of Manual Filing filed by Plaintiff Pom Wonderful LLC of Opposition to Defendant's Motion for Summary Judgment; Separate Statement; Decl. of M. Vasseghi and J. Cole. (Sedlik, Gary) |
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Filing 97
ORDER by Judge A. Howard Matz, re Stipulation 96 and for the specific findings of good cause appearing in the Parties' Stipulation, The non-expert discovery cut-off date shall be continued for depositions only from 5/24/2010 to 6/7/2010. The opening expert witness disclosure date (and the date for disclosure of expert reports and other matters encompassed by Federal Rule of Civil Procedure 26(a)(2)) shall be continued from 5/31/2010 to 6/14/2010; The rebuttal expert witness disclosure date shall be continued from 6/28/2010 to 7/12/2010; Magistrate Judge Rosenberg shall have authority to hear and decide fact discovery disputes until 6/7/2010; The defendant's motion for summary judgment 88 and plaintiffs motion to review discovery order 93 , currently scheduled for hearing on 6/7/2010 at 10:00 AM., shall be re-scheduled for 6/14/2010 at 10:00 AM. (See attached the Amended Schedule of Pretrial Dates hereto as Exhibit A). (jp)
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| Filing 96 Joint STIPULATION to Extend Discovery Cut-Off Date to June 7, 2010 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Froelich, Sophie) |
| Filing 95 NOTICE OF LODGING filed Written Discovery Material re Discovery Hearing, Telephone Conference,, 94 (Attachments: # 1 Exhibit 1-3)(Shackelford, Rick) |
| Filing 94 MINUTES OF Discovery Hearing held before Magistrate Judge Alicia G. Rosenberg:, Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. At the parties' request, the court conducted a telephonic hearing. The court will not repeat the issues because they are known to the parties. As stated on the record, the parties agreed as follows: (See Order for details.)Court Recorder: CS 05/07/2010. (mp) |
| Filing 93 NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's Order Denying Plaintiff's Motion to Compel re Order on Motion to Compel,,,,,,, 82 filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 6/7/2010 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Declaration of Christopher Van Gundy, # 2 Exhibit A to Declaration of Christopher Van Gundy, # 3 Proposed Order)(Sedlik, Gary) |
| Filing 92 MINUTES OF Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. Pom Wonderful states that it currently intends to seek damages as to its pomegranate juice products. Pom Wonderful objects to (1) use of Pom/Tropicana documents that contain, in part, information related to juices not at issue in this case; and (2) use of Pom/Tropicana documents that relate to juices at issue in this litigation, but contain information about the percentage of juices other than pomegranate juice. As to the first issue, the Pom/Tropicana documents may be used in today's deposition subject to Pom Wonderful's right to later redact information related solely to juices not at issue in this case. As to the second issue, the scope of discovery encompasses "any nonprivileged matter that is relevant to any party's claim or defense." Accordingly, the court rules that the Pom/Tropicana documents relating to juices at issue in this litigation but containing information about the percentage of juices other than pomegranate juice may be used at the deposition today. (See Order for details.)Court Recorder: 05/05/2010. (mp) |
| Filing 91 MINUTES OF Telephone Conference held before Magistrate Judge Alicia G. Rosenberg. A procedure for resolving the dispute was stated on the record by counsel and the court. If the parties cannot reach agreement, counsel must call the Clerk, Marine Pogosyan, at (213) 894-5419, on or before 9:15 a.m. on May 5, 2010. Counsel are urged to meet and confer regarding a method and schedule for resolution of the other outstanding discovery disputes. Court Recorder: CS 05/04/2010. (mp) |
| Filing 90 STATEMENT of Separate Statement of Undisputed Facts MOTION for Summary Judgment as to Dismissal 88 filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 89 REQUEST FOR JUDICIAL NOTICE re MOTION for Summary Judgment as to Dismissal 88 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Exhibit 1-4 to RJN ISO Welch's Motion for Summary Judgment)(Shackelford, Rick) |
| Filing 88 NOTICE OF MOTION AND MOTION for Summary Judgment as to Dismissal filed by Defendant Welch Foods, Inc.. Motion set for hearing on 6/7/2010 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Memorandum In Support of Welch Food Inc.'s Motion for Summary Judgment, # 2 Declaration Newman Decl ISO Welch's Motion for Summary Judgment, # 3 Exhibit A to Newman Declaration, # 4 Declaration Scheuermann Decl ISO Welch's Motion for Summary Judgment, # 5 Exhibit A to Scheuermann Decl, # 6 Declaration Mitchell Decl ISO Welch's Motion for Summary Judgment, # 7 Exhibit 1-3 to Mitchell Decl ISO of Welch's Motion for Summary Judgment, # 8 Proposed Order ISO Welch's Motion for Summary Judgment)(Shackelford, Rick) |
| Filing 87 MINUTES OF FURTHER HEARING ON PLAINTIFF'S MOTION TO COMPEL held before Magistrate Judge Alicia G. Rosenberg. IT IS HEREBY ORDERED that: 1. Counsel for Welch's will identify the bates stamp numbers responsive to Issue 2 (testing)to counsel for Pom on or before April 22, 2010. 2. Counsel for both parties will arrange an informal conference call among counsel, Welch's representative re financial documents, and an expert retained by Pom within 7 days after the date of this order. 3. Welch's will serve supplemental responses to Interrogatory Nos. 1 (as modified by the March 16, 2010 order), 22-23, and 25-26 within 7 days after the date of this order. IT IS SO ORDERED.Court Recorder: CS 4/21/2010. (mp) |
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Filing 86
MINUTES OF IN CHAMBERS ORDER RE: PLAINTIFFS MOTION TO COMPEL DISCOVERY RESPONSES by Magistrate Judge Alicia G. Rosenberg. IT IS HEREBY ORDERED that a hearing regarding Plaintiff's motion to compel discovery responses is set for April 21, 2010, at 10:00 a.m. in Courtroom "D"-8th Floor, located at 312 North Spring Street, Los Angeles, California 90012. (mp)
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| Filing 85 STATUS REPORT REGARDING PLAINTIFF POM WONDERFUL LLC'S MOTION TO COMPEL DISCOVERY RESPONSES filed by Plaintiff Pom Wonderful LLC. (Sedlik, Gary) |
| Filing 84 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/16/2010 10:06 a.m. (mo) |
| Filing 83 TRANSCRIPT for proceedings held on 3/16/2010 10:06 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 5/3/2010. Redacted Transcript Deadline set for 5/13/2010. Release of Transcript Restriction set for 7/11/2010. (mo) |
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Filing 82
MINUTES ORDER RE PLAINTIFF'S MOTION TO COMPEL DISCOVERY RESPONSES by Magistrate Judge Alicia G. Rosenberg: granting in part and denying in part 78 Motion to Compel. Pom's motion to compel as to Document Request No. 123 is granted. Welch's is ordered to produce nonprivileged documents regarding the percentage of pomegranate juice in the White Grape Pomegranate Product. In addition, Pom's motion to compel is granted in part as to Interrogatory No. 1, but only to the extent that it asks for the percentage of pomegranate juice in the White Grape Pomegranate Juice Product. Pom's motion to compel a supplemental response to RFA No. 27 is granted. Such responses shall be served on or before March 31, 2010, absent other agreement by the parties or court order. Pom's motion to compel as to Document Request Nos. 121 and 124 is denied. Pom's motion to compel is denied as to Document Request Nos. 109, 110, 125, 126 and 127 except as to the testing documents described above in the indented paragraph. Pom's motion to compel is denied as to Interrogatory Nos. 2, 3, 18 and 19. Pom's motion to compel a supplemental response to RFA No 25 is denied. It is ordered that Welch's produce, on or before March 31, 2010, the responsive nonprivileged documents to which it does not object. The parties are ordered to meet and confer regarding any remaining discovery disputes under Issue 4. If the parties do not reach agreement, the parties shall file a Joint Status Report that lists each dispute on or before April 16, 2010. Also on April 16, counsel must contact the Clerk, Marine Pogosyan, at (213) 894-5419, to request a hearing date. Unless otherwise ordered, no further briefing is required. (See Order for details.) (mp)
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| Filing 81 MEMORANDUM in Support of MOTION to Compel Discovery Responses 78 (Supplemental) filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Gary Sedlik)(Sedlik, Gary) |
| Filing 80 NOTICE of Association of Counsel associating attorney Thomas A. Bockhorst on behalf of Counter Claimant Welch Foods, Inc., Defendant Welch Foods, Inc.. Filed by Counter Claimant Welch Foods, Inc., Defendant Welch Foods, Inc. (Shackelford, Rick) |
| Filing 79 JOINT STIPULATION to MOTION to Compel Discovery Responses 78 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Declaration of Gary Sedlik In Support of Motion to Compel, # 2 Exhibit A & B to Decl. of G. Sedlik, # 3 Exhibit C to Decl. of G. Sedlik, # 4 Exhibit D - Pt. 1 to Decl. of G. Sedlik, # 5 Exhibit D - Pt. 2 to Decl. of G. Sedlik, # 6 Exhibit E - H to Decl. of G. Sedlik, # 7 Proposed Order)(Sedlik, Gary) |
| Filing 78 NOTICE OF MOTION AND MOTION to Compel Discovery Responses filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 3/16/2010 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Sedlik, Gary) |
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Filing 77
STIPULATED PROTECTIVE ORDER by Magistrate Judge Alicia G. Rosenberg re Stipulation for Protective Order 76 . The Court approves the foregoing Protective Order submitted by the parties, and its terms shall govern all information disclosed and documents and data produced in this Action. (See Order for details.) (mp)
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| Filing 76 STIPULATION for Protective Order filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Sedlik, Gary) |
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Filing 75
MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg re: Stipulation for Protective Order 74 . On January 28, 2010, the parties filed a stipulation for protective order. The stipulation is denied for the following reason. The parties may submit a protective order that complies with this order. (See Order for details.) (mp)
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| Filing 74 STIPULATION for Protective Order filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A, Proposed Stipulated Protective Order)(Sedlik, Gary) |
| Filing 73 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) |
| Filing 72 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: Court finds that Pom has not alleged that it suffered an injury in fact" or that it lost money or property for purposes of pursuing a claim under the UCL or FAL. Pom thus has no standing to pursue a claim under the UCL or FAL for either restitution or injunctive relief. See Walker v. Geico Ins. Co., 558 F.3d 1025 (9th Cir. 2009) (finding that a plaintiff who cannot establish the requisite'lost money or property for purposes of monetary relief under the UCL is not entitled to injunctive relief under the UCL); Citizens of Humanity, 171 Cal. App.4th at 22 (2009) ("Because remedies for individuals under the UCL are restricted to injunctive relief and restitution, the import of the requirement is to limit standing to individuals who suffer losses of money or property that are eligible for restitution.). Motion for Judgment on the Pleadings granting 65 . In light of Poms request for leave to file an amended complaint, the Court grants-with some misgivingsPom's request. Pom shall file any amended complaint by not later than 1/4/2010. This Order is not intended for publication or for inclusion in the databases of Westlaw or LEXIS. (jp) |
| Filing 71 MINUTES: Proceedings: Motion for Judgment on the Pleadings as to the Second and Third Claims for Relief filed by Defendant and Counterclaimant Welch Foods, Inc 65 before Judge A. Howard Matz: Court circulates tentative order and hears oral argument. For reasons stated on the record, the Court grants the motion for judgment on the pleadings, with leave to amend by not later than 1/4/2010. Order to issue. Court Reporter: Cindy Nirenberg. (jp) |
| Filing 70 MEMORANDUM in Support of MOTION for Judgment on the Pleadings as to As to the Second and Third Claims for Relief 65 Reply Memorandum in Support of Motion for Judgment on Pleadings filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
| Filing 69 Opposition to Defendant's Motion for Judgment on Pleadings re: MOTION for Judgment on the Pleadings as to As to the Second and Third Claims for Relief 65 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Proposed Order)(Sedlik, Gary) |
| Filing 68 NOTICE of Voluntary Dismissal filed by Defendant and Counterclaimant Welch Foods, Inc.. Dismissal is Without Prejudice. (Shackelford, Rick) |
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Filing 67
MINUTES (IN CHAMBERS): ORDER by Judge A. Howard Matz: granting in part and denying in part 45 Motion to Strike ; granting in part and denying in part 47 Motion to Dismiss ; denying 49 Motion to Sever. (kbr)
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| Filing 66 MEMORANDUM in Support of MOTION for Judgment on the Pleadings as to As to the Second and Third Claims for Relief 65 filed by Counter Claimant Welch Foods, Inc., Defendant Welch Foods, Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Proposed Order Proposed Order Granting Motion for Judgment on the Pleadings)(Shackelford, Rick) |
| Filing 65 NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to As to the Second and Third Claims for Relief filed by Defendant and Counterclaimant Welch Foods, Inc.. Motion set for hearing on 12/21/2009 at 10:00 AM before Judge A. Howard Matz. (Shackelford, Rick) |
| Filing 64 NOTICE of Change of Attorney Information for attorney Gary S Sedlik counsel for Plaintiff Pom Wonderful LLC. Changing firm name to Roll International Corp. - Legal Dept.. Changing e-mail and fax number to gsedlik@roll.com; (310) 966-8810. Adding Gary S. Sedlik as attorney as counsel of record for Pom Wonderful LLC for the reason indicated in the G-06 Notice. Filed by Plaintiff Pom Wonderful LLC (Sedlik, Gary) |
| Filing 63 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: On the Court's own motion, the Court hereby takes OFF-CALENDAR and UNDER SUBMISSION (1) the MOTION to Strike Counterclaims filed by plaintiff Pom Wonderful 45 ; (2) the MOTION to Dismiss Counterclaims filed by plaintiff Pom Wonderful 47 ; and (3) the MOTION to Sever Counterclaims filed by plaintiff Pom Wonderful 49 . The parties will be notified if a hearing is necessary. (jp) |
| Filing 62 REPLY to Defendant's Consolidated Opposition to Motions of Plaintiff MOTION to Dismiss Counterclaims 47 , MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 45 , MOTION to Sever Counterclaims 49 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 61 MEMORANDUM in Opposition to Pom Wonderful LLC's (1) Motion to Dismiss; (2) Motion to Strike; and (3) Motion to Sever filed by Defendant Welch Foods, Inc.. (Shackelford, Rick) |
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Filing 60
ORDER CONTINUING HEARING DATES ON PLAINTIFF AND COUNTERDEFENDANT POM WONDERFUL LLC'S MOTIONS TO STRIKE, SEVER AND DISMISS COUNTERCLAIMS by Judge A. Howard Matz. The Court hereby continues the hearing dates from September 21, 2009 to October 19, 2009 on the following motions: PLAINTIFF AND COUNTERDEFENDANT'S MOTION TO STRIKE 45 , MOTION TO DISMISS 47 , and MOTION FOR SEVERANCE OF DEFENDANT'S COUNTERCLAIMS 49 . (kbr)
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| Filing 59 STIPULATION to Continue Hearing on Plaintiff/Counterdefendant's Motions to Strike, Sever and Dismiss Counterclaims from September 21, 2009 to October 19, 2009 Re: MOTION to Dismiss Counterclaims 47 , MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 45 , MOTION to Sever Counterclaims 49 filed by Plaintiff/Counterdefendant Pom Wonderful LLC. (Attachments: # 1 Proposed Order re: Stipulation to Continue Motions Hearing Date)(Asch, Andrew) |
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Filing 58
ORDER by Judge A. Howard Matz striking the following documents: Notice of Amended Hearing Date 54 , Notice of Amended Hearing Date 55 , Notice of Amended Hearing Date 56 . (se)
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| Filing 57 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Improper amended notice. Hearings are continued by stipulation and proposed order only. RE: Notice (Other) 54 , Notice (Other) 55 , Notice (Other) 56 . 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. (se) |
| Filing 56 NOTICE OF AMENDED HEARING DATE FOR PLAINTIFF'S MOTION TO STRIKE COUNTERCLAIMS filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) THIS DOCUMENT IS STRICKEN. Modified on 9/11/2009 (se). |
| Filing 55 NOTICE OF AMENDED HEARING DATE FOR PLAINTIFF AND COUNTERDEFENDANT POM WONDERFUL LLC'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS filed by Plaintiff and Counterdefendant Pom Wonderful LLC. (Asch, Andrew) THIS DOCUMENT IS STRICKEN. Modified on 9/11/2009 (se). |
| Filing 54 NOTICE OF AMENDED HEARING DATE FOR PLAINTIFF AND COUNTERDEFENDANT POM WONDERFUL LLC'S MOTION FOR SEVERANCE OF DEFENDANT'S COUNTERCLAIMS filed by Plaintiff and Counterdefendant Pom Wonderful LLC. (Asch, Andrew) THIS DOCUMENT IS STRICKEN. Modified on 9/11/2009 (se). |
| Filing 53 NOTICE of Change of Attorney Information for attorney Rick L Shackelford counsel for Counter Claimant Welch Foods, Inc., Defendant Welch Foods, Inc.. Filed by defendant Rick Shackelford (Shackelford, Rick) |
| Filing 50 MEMORANDUM in Support of MOTION to Sever Counterclaims 49 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A)(Asch, Andrew) |
| Filing 49 NOTICE OF MOTION AND MOTION to Sever Counterclaims filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order)(Asch, Andrew) |
| Filing 48 MEMORANDUM in Support of MOTION to Dismiss Counterclaims 47 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A)(Asch, Andrew) |
| Filing 47 NOTICE OF MOTION AND MOTION to Dismiss Counterclaims filed by Plaintiff Pom Wonderful LLC. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order)(Asch, Andrew) |
| Filing 46 MEMORANDUM in Support of MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 45 filed by Plaintiff Pom Wonderful LLC. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2)(Asch, Andrew) |
| Filing 45 NOTICE OF MOTION AND MOTION to Strike Counterclaims Answer to Complaint (Discovery), Counterclaim 31 filed by PLAINTIFF Pom Wonderful LLC. Motion set for hearing on 9/21/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Proposed Order)(Asch, Andrew) |
| Filing 52 MINUTES OF Scheduling Conference held before Judge A. Howard Matz. Court Reporter: Cindy Nirenberg. (kbr) |
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Filing 51
SCHEDULING AND CASE MANAGEMENT ORDER by Judge A. Howard Matz. Jury Trial set for 8/31/2010 at 8:00 AM; Final Pretrial Conference set for 8/16/2010 at 11:00 AM. (kbr)
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| Filing 44 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-10 days, filed by Plaintiff Pom Wonderful LLC.. (Asch, Andrew) |
| Filing 43 JOINT ADR PILOT PROGRAM QUESTIONNAIRE filed by Plaintiff Pom Wonderful LLC.(Asch, Andrew) |
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Filing 42
ORDER granting 38 Application to Substitute Attorney. Added attorney Rick L Shackelford for Welch Foods, Inc. in place of Scott Ferrell, Ward Lott, Lewis Rose and August Horvath. (se)
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| Filing 41 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Names and signatures of attorneys are missing; incorrect event selected for DE 39 RE: APPLICATION to Substitute attorney Erin L. Burke in place of attorney Scott J. Ferrell, Ward J. Lott, Lewis Rose and August Horvath 39 , APPLICATION to Substitute attorney Rick L. Shackelford in place of attorney Scott J. Ferrell, Ward J. Lott, Lewis Rose and August Horvath 38 . 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. (se) |
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Filing 40
ORDER by Judge A. Howard Matz GRANTING Application for Approval of Substitution of Attorney Erin Burke for defendant Welch Foods Inc in place and stead of Ward J Lott, Sarah Taylor Roller, Lewis M Rose, Scott J Ferrell and August T Horvath 39 . (jp)
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| Filing 39 APPLICATION to Substitute attorney Erin L. Burke in place of attorney Scott J. Ferrell, Ward J. Lott, Lewis Rose and August Horvath filed by Defendant and Counter Claimant Welch Foods, Inc.. (Attachments: # 1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Shackelford, Rick) |
| Filing 38 APPLICATION to Substitute attorney Rick L. Shackelford in place of attorney Scott J. Ferrell, Ward J. Lott, Lewis Rose and August Horvath filed by Defendant and Counter Claimant Welch Foods, Inc.. (Attachments: # 1 Proposed Order Order on Request for Approval of Substitution of Attorney)(Shackelford, Rick) |
| Filing 37 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect event; no proposed order; separate applications should be submitted for each counsel RE: Change of Lead Counsel 36 . 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. (se) |
| Filing 36 NOTICE of Change of Lead Counsel filed by Defendant Welch Foods, Inc., (Shackelford, Rick) |
| Filing 35 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Courtroom Deputy Clerk to Judge A. Howard Matz: In accordance with the Notice to Filer Of Deficiencies In Electronically Filed Documents. REGARDING: The Stipulation for Extension of Time to File 32 is ACCEPTED as filed. (jp) |
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Filing 34
STIPULATION AND ORDER by Judge A. Howard Matz GRANTING Stipulation for Extension of Time to File Response/Reply 32 : ORDER granting Stipulation for Extension of Time to File Response/Reply 32 as to counter defendant Pom Wonderful LLC; answer due 8/27/2009 by Judge A. Howard Matz. (se)
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| Filing 33 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: no proposed order submitted as separate attachment RE: Stipulation for Extension of Time to File Response/Reply 32 . 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. (se) |
| Filing 32 STIPULATION for Extension of Time to File RESPONSE TO COUNTERCLAIMS as to Answer to Complaint (Discovery), Counterclaim 31 filed by PLAINTIFF AND COUNTER DEFENDANT Pom Wonderful LLC. (Attachments: # 1 Exhibit A)(Campbell, Mark) |
| Filing 31 ANSWER to Complaint - (Discovery) 1 and COUNTERCLAIMS against Pom Wonderful LLC with JURY DEMAND, filed by defendant Welch Foods, Inc. (jp) |
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Filing 30
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge A. Howard Matz. This matter is set for a scheduling conference on August 24, 2009. The parties are reminded of their obligations under Fed.R.Civ.P. 26(a)(1) to disclose information (without awaiting a discovery request) and under R. 26(f) to confer on a discovery plan not later than twenty-one (21) days prior to the scheduling conference and to file a report with the Court entitled Joint Rule 16(b) Report not later than fourteen (14) days after they confer. Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 16(b) Report may lead to the imposition of sanctions. (kbr)
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Filing 29
MINUTES (IN CHAMBERS): ORDER by Judge A. Howard Matz: denying 19 Motion to Dismiss Case. (kbr)
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| Filing 28 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: Court takes off calendar and under submission defendants' MOTION to Dismiss Case 19 . (se) |
| Filing 27 RESPONSE IN SUPPORT of MOTION to Dismiss Case 19 Response to Plaintiff POM Wonderful LLC's Objections to Defendant's Request for Judicial Notice filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Certificate of Service)(Lott, Ward) |
| Filing 26 REPLY In Support of MOTION to Dismiss Case 19 filed by Defendant Welch Foods, Inc.. (Attachments: # 1 Certificate of Service)(Lott, Ward) |
| Filing 25 NOTICE NOTICE OF ERRATA TO PLAINTIFF POM WONDERFUL LLC'S OBJECTIONS TO DEFENDANT'S REQUEST FOR JUDICIAL NOTICE AND DECLARATION OF SARAH ROLLER FILED IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS filed by PLAINTIFF Pom Wonderful LLC. (Asch, Andrew) |
| Filing 24 DECLARATION of David Heber Opposition MOTION to Dismiss Case 19 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 23 DECLARATION of Christopher Van Gundy Opposition MOTION to Dismiss Case 19 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 22 OPPOSITION to MOTION to Dismiss Case 19 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 21 OPPOSITION to MOTION to Dismiss Case 19 filed by Plaintiff Pom Wonderful LLC. (Asch, Andrew) |
| Filing 20 NOTICE of Association of Counsel Filed by Plaintiff Pom Wonderful LLC (Campbell, Mark) |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendant Welch Foods, Inc.. Motion set for hearing on 4/20/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion to Dismiss, # 2 Declaration of Sarah Roller in Support of Motion to Dismiss, # 3 Exhibit 1 to Declaration of Sarah Roller, # 4 Request for Judicial Notice, # 5 Certificate of Service)(Lott, Ward) |
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Filing 18
ORDER by Judge A. Howard Matz Granting APPLICATION for attorney Lewis M. Rose to Appear Pro Hac Vice (PHV Fee of $185 receipt number 9730000000005014162 paid.) 15 on behalf of Defendant Welch Foods, Inc. Ward J. Lott is designated as local counsel. Fee PAID. (kbr)
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Filing 17
ORDER by Judge A. Howard Matz Granting APPLICATION for attorney Sarah Taylor Roller to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005014147 paid.) on behalf of Defendant Welch Foods, Inc..Ward J. Lott is designated as local counsel. Fee PAID. (kbr)
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Filing 16
ORDER by Judge A. Howard Matz Granting APPLICATION for attorney August Theodore Horvath to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005014135 paid.) by August T. Horvath to appear on behalf of Defendant Welch Foods, Inc. Ward J. Lott is designated as local counsel. Fee PAID. (kbr)
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| Filing 15 APPLICATION for attorney Lewis M. Rose to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005014162 paid.) filed by defendant Welch Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Lott, Ward) |
| Filing 14 APPLICATION for attorney Sarah Taylor Roller to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005014147 paid.) filed by defendant Welch Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Lott, Ward) |
| Filing 13 APPLICATION for attorney August Theodore Horvath to Appear Pro Hac Vice (PHV Fee of $185 receipt number 09730000000005014135 paid.) filed by defendant Welch Foods, Inc.. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Lott, Ward) |
| Filing 12 Supplemental Notice of Interested Parties filed by defendant Welch Foods, Inc., (Lott, Ward) |
| Filing 11 NOTICE of Interested Parties filed by Defendant Welch Foods, Inc., (Lott, Ward) |
| Filing 10 CORPORATE DISCLOSURE STATEMENT filed by Defendant Welch Foods, Inc. (Lott, Ward) |
| Filing 9 FIRST STIPULATION Extending Time to Answer the complaint as to Welch Foods, Inc. answer now due 3/16/2009, filed by defendant Welch Foods, Inc..(Lott, Ward) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 (Related Case) filed. Transfer of case declined by Judge S. James Otero, for the reasons set forth on this order. Related Case No. CV 08-6237 SJO (JTLx) (rn)
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| Filing 6 NOTICE of Appearance filed by attorney Walter Allan Edmiston on behalf of Plaintiff Pom Wonderful LLC (Edmiston, Walter) |
| Filing 5 NOTICE OF OBJECTIONS TO NOTICE OF RELATED CASES FILED BY THE COCA-COLA COMPANY filed by PLAINTIFF Pom Wonderful LLC. (Attachments: # 1 Exhibit A -- Objections)(Campbell, Mark) |
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Filing 7
NOTICE OF DISCREPANCY AND ORDER: Document is not to be filed, but instead rejected and ordered returned by Judge A. Howard Matz, as Coca Cola is not a party to this case. (se)
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| Filing 4 PROOF OF SERVICE Executed by PLAINTIFF Pom Wonderful LLC, upon Welch Foods, Inc. served on 2/1/2009, answer due 2/21/2009. Original Summons not returned. (Campbell, Mark) |
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Filing 3
INITIAL ORDER by Judge A. Howard Matz (se)
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| Filing 2 NOTICE of Interested Parties filed by Plaintiff Pom Wonderful LLC. (et) (ds). |
| Filing 1 COMPLAINT against Defendants Welch Foods, Inc., 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 Defendant Welch Foods, Inc., DOES 1-10, inclusive. (et) |
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