Metricolor, LLC v. L Oreal S.A. et al.
| METRICOLOR LLC |
| L'Oreal USA Products, Inc., Redken 5th Avenue NYC, LLC, L'Oreal USA, Inc., L'Oreal USA S/D, Inc., L'Oreal S.A., L Oreal S.A. and L Oreal USA Products, Inc. |
| L Oreal USA S D Inc |
| L Oreal USA, Inc |
| Salvatore D'Amico and Stephen D'Amico |
| 2:2018cv00364 |
| January 16, 2018 |
| US District Court for the Central District of California |
| Charles F Eick |
| Manuel L Real |
| Christina A Snyder |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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| Filing 147 NOTICE OF FILING TRANSCRIPT filed for proceedings 12/20/21, 10:02 A.M re Transcript #146 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY |
| Filing 146 TRANSCRIPT for proceedings held on 12/20/21, 10:02 A.M. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, 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 Court Reporter: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022. (Jui, Chia) |
Filing 145
ORDER RE FORENSIC INSPECTION PROTOCOL #137 #143 #144 by Judge Christina A. Snyder. See attached order for details. (lom)
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| Filing 144 NOTICE OF LODGING filed Notice of Loding of (Proposed) Forensic Inspection Protocol re Motion Hearing,,, Terminate Hearings,, #143 (Attachments: #1 Proposed Order (Proposed) Forensic Inspection Protocol)(Colt, Angela) |
| Filing 143 MINUTES OF EX PARTE APPLICATION FOR ORDER FOR FORENSIC PROTOCOL FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF SUSPICIOUS DOCUMENTS #137 (VIA ZOOM)held before Judge Christina A. Snyder. For reasons stated on the record, the parties are to submit their Disputed Language by no later than noon on December 21, 2021. Moreover, if the parties are unable to submit their Disputed Language filing, they are to inform the Courtroom Deputy Clerk by tomorrow, December 21, 2021 at 3:00 p.m. that they will move forward with holding a further hearing on the Ex Parte Application on December 22, 2021 at 10:00 a.m. Court Reporter: Chia Mei Jui. (lom) |
| Filing 142 TRANSCRIPT ORDER as to Plaintiff and Counter-Defendant Metricolor LLC for Court Reporter. Court will contact Yuko Nakano at YNakano@Martorell-Law.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Martorell, Eduardo) |
| Filing 141 REPLY in Support of It's Opposition filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 140 REPLY in Support of EX PARTE APPLICATION for Order for FORENSIC PROTOCOL FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF SUSPICIOUS DOCUMENTS #137 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
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Filing 139
SCHEDULING NOTICE AND ORDER by Judge Christina A. Snyder. In light of the Ex Parte Application for Order for Forensic Protocol for Forensic Imaging and Analysis Devices Used in Creation of Suspicious Documents #137 , filed on December 10, 2021, the Court hereby sets a Hearing re the Ex Parte Application on December 20, 2021 at 10:00 a.m. The hearing will proceed by ZOOM Webinar. Please refer to the Court's website under "Judges Procedures and Schedules", to obtain the Zoom Webinar information. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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| Filing 138 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION for Order for FORENSIC PROTOCOL FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF SUSPICIOUS DOCUMENTS #137 filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Attachments: #1 Declaration of Eduardo Martorell, #2 Exhibit A, #3 Exhibit B)(Martorell, Eduardo) |
| Filing 137 EX PARTE APPLICATION for Order for FORENSIC PROTOCOL FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF SUSPICIOUS DOCUMENTS filed by defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration Declaration of Angela Colt with Exhibits 28 - 33, #2 Proposed Order) (Colt, Angela) |
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Filing 136
SCHEDULING NOTICE and ORDER (IN CHAMBERS) by Judge Christina A. Snyder. Pursuant to the order continuing scheduling dates in this action for 30 days, the Status Conference set for 3/14/2022 is continued to 4/18/2022 11:00 AM. The Final Pretrial Conference set for 5/9/2022 is continued to 6/13/2022 11:00 AM. The Jury Trial set for 5/31/2022 is continued to 7/5/2022 09:30 AM. All hearings to take place before Judge Christina A. Snyder in Courtroom 8D in the First Street Courthouse. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY
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| Filing 135 MINUTES OF EX PARTE APPLICATION FOR ORDER THAT METRICOLOR TO IMMEDIATELY PRODUCE FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF SUSPICIOUS DOCUMENTS #129 (VIA ZOOM) held before Judge Christina A. Snyder: The Court confers with the parties and the parties argue. For reasons stated on the record, the Court hereby continues all scheduling dates by 30 days, with subject to revisit the dates. Counsel are ordered to meet and confer to discuss how proceedings re forensic experts will take place. Court Reporter: Laura Elias. (shb) |
| Filing 134 TRANSCRIPT ORDER as to Defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc for Court Reporter. Court will contact James Calderon at jcalderon@orrick.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Colt, Angela) |
| Filing 133 REPLY in Support of EX PARTE APPLICATION for Order for that Metricolor Immediately Produce for Forensic Imaging and Analysis Devices Used in Creation of Suspicious Documents #129 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt in Support, #2 Declaration of Paul T. French in Support)(Colt, Angela) |
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Filing 132
SCHEDULING NOTICE AND ORDER by Judge Christina A. Snyder. The Court, own its own motion, sets the Ex Parte Application for Order for Order that Metricolor to Immediately Produce for Forensic Imagining and Analysis Devices Used in Creation of Suspicious Documents #129 , for hearing on Monday, November 22, 2021 at 12:30 p.m. The hearing will proceed by ZOOM Webinar. Please refer to the Court's website under "Judges Procedures and Schedules", to obtain the Zoom Webinar information. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (droj) TEXT ONLY ENTRY
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| Filing 131 PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION FOR ORDER THAT METRICOLOR IMMEDIATELY PRODUCE FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF [ALLEGEDLY] SUSPICIOUS DOCUMENTS in opposition re: EX PARTE APPLICATION for Order for that Metricolor Immediately Produce for Forensic Imaging and Analysis Devices Used in Creation of Suspicious Documents #129 filed by Plaintiff Metricolor LLC. (Attachments: #1 Declaration DECLARATION OF KEVIN COHEN IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APPLICATION FOR ORDER THAT METRICOLOR IMMEDIATELY PRODUCE FOR FORENSIC IMAGING AND ANALYSIS DEVICES USED IN CREATION OF [ALLEGEDLY] SUSPICIOUS DOCUMENTS)(Martorell, Eduardo) |
| Filing 130 TRANSCRIPT ORDER as to Plaintiff and Counterdefendant Metricolor LLC for Court Reporter. Court will contact Laura Elias at csrlde@aol.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Martorell, Eduardo) |
| Filing 129 EX PARTE APPLICATION for Order for that Metricolor Immediately Produce for Forensic Imaging and Analysis Devices Used in Creation of Suspicious Documents filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt in Support, #2 Declaration of Paul T. French in Support, #3 Proposed Order) (Colt, Angela) |
| Filing 127 TRANSCRIPT ORDER as to Defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc for Court Reporter. Court will contact James Calderon at jcalderon@orrick.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Colt, Angela) |
| Filing 126 PLAINTIFF'S REPORT of DECLINING APPOINTMENT OF SPECIAL MASTER filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 128 MINUTES OF ZOOM EX PARTE APPLICATION TO SUSPEND CASE SCHEDULE PENDING FORENSIC REVIEW OF FABRICATED EVIDENCE #109 , (Filed October 22, 2021) held before Judge Christina A. Snyder: The Court confers with counsel, as stated in Court and on the record. The Ex Parte Application is hereby denied. The Court continues all dates approximately 60 days, as follows: Discovery cut-off February 14, 2022. Motions in Limine to be filed by November 22, 2022. Final Pretrial Conference set for May 9, 2022 at 11:00 a.m. Jury Trial set for May 31, 2022 at 9:30 a.m. Status Conference set for March 14, 2022 at 11:00 a.m. Plaintiff shall file a status report as to its position re: special master no later than November 2, 2021. If directed in this manner, counsel shall meet and confer and stipulate to options. See order for more information. Court Reporter: Laura Elias. (shb) |
| Filing 125 EXHIBIT 20 & 21 REDACTED to APPLICATION to file document Reply in Support of its Ex Parte Application to Suspend All Case Deadlines under seal #119 Order on Motion for Leave to File Document Under Seal, #123 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 124 SEALED DOCUMENT re APPLICATION to file document Reply in Support of its Ex Parte Application to Suspend All Case Deadlines under seal #119 , Order on Motion for Leave to File Document Under Seal,, #123 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibits 20 & 21 to Colt Declaration (Sealed))(Colt, Angela) |
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Filing 123
ORDER GRANTING DEFENDANTS APPLICATION FOR LEAVE TO FILE UNDER SEAL by Judge Christina A. Snyder: IT IS HEREBY ORDERED THAT: 1. Defendants Application for Leave to File Under Seal is GRANTED. 2. Defendants are directed to file under seal, Exhibits 20 and 21 to the Declaration of Angela Colt (Colt Declaration) in Support of Defendants Reply in Support of LOrals Ex Parte Application to Suspend All Case Deadlines Pending Forensic Investigation of Metricolors Fabricated Evidence and For Sanctions Under 28 U.S.C. 1927. 3. Defendants are separately directed to file redacted versions of the Exhibits to the Colt Declaration, as identified in Defendants Application for Leave to File Under Seal. IT IS SO ORDERED. (shb)
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| Filing 122 CERTIFICATE OF SERVICE filed by defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC, re Sealed Declaration in SupportDeclaration, #120 Sealed Exhibits 20 & 21 served on 10/27/2021. (Colt, Angela) |
| Filing 121 REPLY in support of EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt ISO Reply, #2 Exhibit 19, #3 Exhibit 20, #4 Exhibit 21)(Colt, Angela) |
| Filing 120 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Reply in Support of its Ex Parte Application to Suspend All Case Deadlines under seal #119 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit 20 Sealed, #2 Exhibit 21 Sealed)(Colt, Angela) |
| Filing 119 APPLICATION to file document Reply in Support of its Ex Parte Application to Suspend All Case Deadlines under seal filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt, #2 Proposed Order)(Colt, Angela) |
| Filing 118 SCHEDULING NOTICE (IN CHAMBERS) AND SETTING HEARING BY ZOOM by Judge Christina A. Snyder, re: EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 on 11/1/2021 at 10:00 AM before Judge Christina A. Snyder and will be held by Zoom. Zoom Webinar Information can be found on the Court's website, under Judge Snyder's Procedures. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 117 EXHIBIT REDACTED to EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 , APPLICATION to file document Ex Parte Application to Suspend All Case Deadlines under seal #107 re #115 Order on Motion for Leave to File Document Under Seal filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt, #2 Exhibit 1 to Colt Declaration, #3 Exhibit 10 to Colt Declaration, #4 Exhibit 11 to Colt Declaration, #5 Declaration of Paul French, #6 Exhibit C to French Declaration, #7 Exhibit D to French Declaration, #8 Declaration of Richard Martinelli, #9 Exhibit 18 to Martinelli Declaration)(Colt, Angela) |
| Filing 116 SEALED DOCUMENT re APPLICATION to file document Ex Parte Application to Suspend All Case Deadlines under seal #107 , Order on Motion for Leave to File Document Under Seal, #115 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Paul French, #2 Exhibit C to French Declaration, #3 Exhibit D to French Declaration, #4 Exhibit 1 to Colt Declaration, #5 Exhibit 10 to Colt Declaration, #6 Exhibit 11 to Colt Declaration, #7 Exhibit 18 to Martinelli Declaration)(Colt, Angela) |
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Filing 115
ORDER GRANTING DEFENDANTS APPLICATION FOR LEAVE TO FILE UNDER SEAL #123 by Judge Christina A. Snyder: IT IS HEREBY ORDERED THAT: Defendants Application for Leave to File Under Seal is GRANTED. IT IS SO ORDERED. See order for more information. (shb)
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| Filing 114 OPPOSITION IN OPPOSITION re: EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Attachments: #1 Declaration of Eduardo Martorell, #2 Exhibit F of Martorell Declaration, #3 Exhibit G of Martorell Declaration, #4 Exhibit H of Martorell Declaration, #5 Exhibit I of Martorell Declaration, #6 Exhibit J of Martorell Declaration, #7 Exhibit K of Martorell Declaration, #8 Exhibit L of Martorell Declaration, #9 Exhibit M of Martorell Declaration, #10 Exhibit N of Martorell Declaration, #11 Declaration O of Martorell Declaration, #12 Request for Judicial Notice, #13 Proposed Order)(Martorell, Eduardo) |
| Filing 113 SEALED OPPOSITION RE EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 , Protective Order #101 filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Attachments: #1 Exhibit J of Martorell Declaration, #2 Exhibit K of Martorell Declaration, #3 Exhibit L of Martorell Declaration, #4 Exhibit M of Martorell Declaration, #5 Exhibit N of Martorell Declaration, #6 Exhibit O of Martorell Declaration)(Martorell, Eduardo) |
| Filing 112 APPLICATION to file document Opposition to Defendants Ex Parte Application under seal filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Attachments: #1 Declaration of Eduardo Martorell, #2 Proposed Order)(Martorell, Eduardo) |
| Filing 111 DECLARATION of Richard Martinelli in Support of EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 110 DECLARATION of Paul French in Support of EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence #109 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A to French Declaration, #2 Exhibit B to French Declaration, #3 Exhibit C to French Declaration, #4 Exhibit D to French Declaration, #5 Exhibit E to French Declaration)(Colt, Angela) |
| Filing 109 EX PARTE APPLICATION to Suspend Case Schedule Pending Forensic Review of Fabricated Evidence filed by defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt, #2 Exhibit 1 to Colt Declaration, #3 Exhibit 2 to Colt Declaration, #4 Exhibit 3 to Colt Declaration, #5 Exhibit 4 to Colt Declaration, #6 Exhibit 5 to Colt Declaration, #7 Exhibit 6 to Colt Declaration, #8 Exhibit 7 to Colt Declaration, #9 Exhibit 8 to Colt Declaration, #10 Exhibit 9 to Colt Declaration, #11 Exhibit 10 to Colt Declaration, #12 Exhibit 11 to Colt Declaration, #13 Exhibit 12 to Colt Declaration, #14 Exhibit 13 to Colt Declaration, #15 Exhibit 14 to Colt Declaration, #16 Exhibit 15 to Colt Declaration, #17 Exhibit 16 to Colt Declaration, #18 Exhibit 17 to Colt Declaration, #19 Exhibit 18 to Colt Declaration, #20 Proposed Order) (Colt, Angela) |
| Filing 108 SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Ex Parte Application to Suspend All Case Deadlines under seal #107 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit 1 to Colt Declaration (Sealed), #2 Exhibit 10 to Colt Declaration (Sealed), #3 Exhibit 11 to Colt Declaration (Sealed), #4 Exhibit 18 to Colt Declaration (Sealed), #5 Declaration of Paul French (Sealed), #6 Exhibit C to Declaration (Sealed), #7 Exhibit D to Declaration (Sealed), #8 Ex Parte Application to Suspend All Case Deadlines (Sealed))(Colt, Angela) |
| Filing 107 APPLICATION to file document Ex Parte Application to Suspend All Case Deadlines under seal filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt, #2 Proposed Order)(Colt, Angela) |
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Filing 106
ORDER RE: EXTENDING DEADLINES, #105 by Judge Christina A. Snyder: Pursuant to the Parties' Stipulation RE Extending Deadlines, the Court ORDERS the following schedule for the litigation of this matter. Fact discovery cutoff - continued to October 15, 2021. Opening expert witness reports - October 29, 2021. Rebuttal expert witness reports - November 18, 2021. Completion of expert discovery - December 13, 2021. IT IS SO ORDERED. See order for more details. (shb)
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| Filing 105 Second STIPULATION to Extend Discovery Cut-Off Date to October 15, 2021 filed by Plaintiff and Counter Defendant Salvatore D'Amico, Stephen D'Amico, METRICOLOR LLC. (Attachments: #1 Proposed Order)(Martorell, Eduardo) |
| Filing 104 NOTICE of Appearance filed by attorney Matthew H. Poppe on behalf of Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Counter Defendant METRICOLOR LLC, Plaintiff Metricolor LLC (Attorney Matthew H. Poppe added to party Salvatore D'Amico(pty:3pd), Attorney Matthew H. Poppe added to party Stephen D'Amico(pty:3pd), Attorney Matthew H. Poppe added to party METRICOLOR LLC(pty:cd), Attorney Matthew H. Poppe added to party Metricolor LLC(pty:pla))(Poppe, Matthew) |
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Filing 103
ORDER EXTENDING DEADLINES by Judge Christina A. Snyder: Pursuant to the Parties Stipulation RE: Extending Deadlines, the Court ORDERS the following schedule for the litigation of this matter: Fact discovery cutoff - September 10, 2021. Last day to file dispositive - motions - December 16, 2021. Last day to complete ADR - January 3, 2022. Status Conference re: Settlement - January 10, 2022 at 11:00 A.M.; Final pre-trial conference /Motions in Limine Hearing - March 7, 2022 at 11:00 A.M. Jury trial (approximately 7-9 court days, not including jury selection or procedural hearings related to trial) - March 29, 2022 at 9:30 A.M. IT IS SO ORDERED. See order for further details. (shb)
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| Filing 102 STIPULATION to Extend Discovery Cut-Off Date to September 10, 2021 filed by Defendants and Counterclaimants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Proposed Order Re: Extending Deadlines)(Martinelli, Richard) |
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Filing 101
STIPULATED PROTECTIVE ORDER by Magistrate Judge Charles F. Eick. (See document for details) (vmun)
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| Filing 100 Joint STIPULATION for Protective Order filed by Plaintiff and Counter-Defendant Salvatore D'Amico, Stephen D'Amico.(Martorell, Eduardo) |
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Filing 99
ORDER DISMISSING FIRST COUNTERCLAIM FOR RELIEF, DEEMING MOTION TO DISMISS MOOT, AND TAKING MOTION TO DISMISS AND STRIKE OFF CALENDAR, #92 by Judge Christina A. Snyder: The Court, having considered the Parties Stipulation Regarding: FirstCounterclaim For Relief, Motion to Dismiss First Counterclaim for Relief, and Motion to Strike Affirmative Defenses, and good cause appearing, ORDERS asfollows: LOrals First Counterclaim for Relief is dismissed with prejudice with respect to the Metricolor Parties alleged breach of contract arising from their publicly disclosing the NDA in the filing of the complaint in this action; however, LOral reserves the right to assert additional counterclaims and third-party allegations, including but not limited to breach of contract for any act not arising out of the Metricolor Parties filing of the complaint in this action; and The Metricolor Parties Motion to Dismiss First Counterclaim for Relief and to Strike Affirmative Defenses (ECF No. 92) are deemed moot and taken off calendar. IT IS SO ORDERED. (shb)
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Filing 98
ORDER by Judge Christina A. Snyder, re Joint Report Rule 26(f) Discovery Plan, #96 : Pursuant to the Parties Stipulation RE: Scheduling of Dates, the CourtORDERS the following schedule for the litigation of this matter: Initial Fact Discovery cut-off May 10, 2021. Opening Expert Witness Reports - June 1, 2021. Rebuttal ex pert witness reports - June 28, 2021. Completion of Expert Discovery - July 26, 2021. Last Day to file Dispositive Motions - August 13, 2021. Last Day to Complete ADR - September 3, 2021. Status Conference set for September 13, 2021 at 11:00 a.m. Last day to file Motions in Limine - October 8, 2021. Final Pretrial Conference set for November 8, 2021 at 11:00 a.m. Jury Trial set for November 30, 2021 at 9:30 a.m. IT IS SO ORDERED. (shb)
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| Filing 97 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan, #96 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Stipulation - Order. Other error(s) with document(s): This event can be found: Other Filings - Stipulations. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (lom) |
| Filing 96 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-9 Court days, filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC.. (Attachments: #1 Proposed Order)(Martorell, Eduardo) |
| Filing 95 STIPULATION for Relief from First Counterclaim filed by Plaintiff and Counterclaim-Defendant and Third-Party Defendants Salvatore D'Amico, Stephen D'Amico, METRICOLOR LLC. (Attachments: #1 Proposed Order)(Martorell, Eduardo) |
| Filing 94 TRANSCRIPT ORDER as to Defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc for Court Reporter. Court will contact Angela Colt at cwatson@orrick.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Colt, Angela) |
| Filing 92 NOTICE OF MOTION AND MOTION to Dismiss FIRST CONTERCLAIM FOR RELIEF AND TO STRIKE AFFIRMATIVE DEFENSES filed by Plaintiff and Counterclaim-Defendant and Third-Party Defendants Salvatore D'Amico, Stephen D'Amico, METRICOLOR LLC. Motion set for hearing on 11/2/2020 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Memorandum, #2 Request for Judicial Notice, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Proposed Order) (Attorney Eduardo Martorell added to party Salvatore D'Amico(pty:cd), Attorney Eduardo Martorell added to party Salvatore D'Amico(pty:3pd), Attorney Eduardo Martorell added to party Salvatore D'Amico(pty:cd), Attorney Eduardo Martorell added to party Stephen D'Amico(pty:cd), Attorney Eduardo Martorell added to party Stephen D'Amico(pty:3pd), Attorney Eduardo Martorell added to party Stephen D'Amico(pty:cd)) (Martorell, Eduardo) |
| Filing 93 MINUTES OF TELEPHONE SCHEDULING CONFERENCE held before Judge Christina A. Snyder: The Court confers with counsel, as stated on the record. Counsel are ordered to meet and confer forthwith. Thereafter, counsel shall submit their Stipulation and Proposed Order re: Scheduling of Dates for the Courts approval. Court Reporter: Laura Elias. (lc) |
| Filing 91 WAIVER OF SERVICE Returned Executed filed by Defendant L Oreal S.A., Redken 5th Avenue NYC, LLC, L Oreal USA, Inc, L Oreal USA Products, Inc., L Oreal USA S D Inc. upon Stephen D'Amico waiver sent by Plaintiff on 7/24/2020, answer due 9/22/2020. Waiver of Service signed by Eduardo Martorell. (Colt, Angela) |
| Filing 90 WAIVER OF SERVICE Returned Executed filed by 3rd Party Defendant Salvatore D'Amico. upon Salvatore D'Amico waiver sent by Plaintiff on 7/24/2020, answer due 9/22/2020. Waiver of Service signed by Eduardo Martorell. (Colt, Angela) |
| Filing 89 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report, #88 By L'Oreal and Redken parties. The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Joint Report Rule 26(f) Discovery Plan. Other error(s) with document(s): Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 88 JOINT REPORT of Pursuant to FRCP 26(F) and LR 26(A)(1) filed by Counter Defendants Salvatore D'Amico, Salvatore D'Amico, Stephen D'Amico, Stephen D'Amico, METRICOLOR LLC, Metricolor LLC, Third Party Defendants Salvatore D'Amico, Stephen D'Amico, Metricolor LLC, Plaintiff Metricolor LLC. (Martorell, Eduardo) |
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Filing 87
(IN CHAMBERS) - ORDER SETTING TELEPHONE SCHEDULING CONFERENCE by Judge Christina A. Snyder. Scheduling Conference is set for 9/21/2020 at 11:00 AM before Judge Christina A. Snyder. The hearing will be held by telephone. Bridge Call information will be emailed to counsel a week before the scheduled hearing. (cj)
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| Filing 86 NOTICE OF CLERICAL ERROR: Due to clerical error the Order On Discovery Limits #85 Order was inadvertently docketed to the incorrect case. (yl) |
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Filing 85
**SEE NOTICE OF CLERICAL ERROR** ORDER ON DISCOVERY LIMITS by Judge Christina A. Snyder. Having considered the parties Joint Discovery Report, the Court GRANTS the parties requested modifications to the limits on discovery. IT IS HEREBY ORDERED that: The parties requested modifications to the limits on discovery, as set forth in the parties Joint Discovery Report, are adopted as follows. Each side is entitled to 50 interrogatories served on the other side. (See order for further details) (yl) Modified on 8/11/2020 (yl).
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Filing 84
ORDER TO EXTEND TIME TO RESPOND TO COUNTER-CLAIMS by Judge Christina A. Snyder. Plaintiff and Counter-Defendant METRICOLOR LLC is hereby granted an extension to respond on or by September 22, 2020 to the Counter-Claims. IT IS SO ORDERED. (yl)
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| Filing 83 STIPULATION for Extension of Time to File Answer to September 22, 2020 re Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 filed by Plaintiff and Counter-Defendant METRICOLOR LLC. (Attachments: #1 Proposed Order)(Martorell, Eduardo) |
| Filing 82 21 DAY Summons Issued re Third Party Complaint #73 as to Third Party Defendant Stephen D'Amico. (lc) |
| Filing 81 21 DAY Summons Issued Third Party Complaint #73 as to Third Party Defendant Salvatore D'Amico. (lc) |
| Filing 80 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 filed by Defendant, Third-Party Plaintiff L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 79 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 filed by Defendant, Third-Party Plaintiff L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 78 SCHEDULING NOTICE OF ACCEPTANCE by Judge Christina A. Snyder re: Answer to Complaint, Counterclaim, Third Party Complaint #73 . The Court has reviewed the Notices of Deficiencies entered by the Clerk of Court #76 #77 . The Court accepts defendants' omnibus answer, countercomplaint, and third-party complaint #73 , as filed. The Court requests that defendants re-file new summons requests for third-party defendants Salvatore D'Amico and Stephen D'Amico that comply with the requirements set forth in the Clerk of Court's notice of deficiency #77 , including: (a) the use of 'et al.'; and (b) listing all parties in the caption portion of each summons request. No further action is required. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 77 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request, #74 , Summons Request, #75 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. 1) NO ET ALS permitted on summons. 2) filer has errors in the initiating third party complaint where caption and named third party defendants do not match. Therefore not until the pleadings are corrected, can the summons with correct captions corresponding to correct third party complaint caption be issued. (see deficiency notice docket no. 76. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (lc) |
| Filing 76 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 . The following error(s) was/were found: Caption of document is incomplete/incorrect. RE FRCP 10- the 2 different initiating pleadings should have their own respective captions instead of being combined...as a result parties are not easily identified and not in sequence; and in comparing the listed parties in the body text to the captions..are not identical. see page 27 of the combined answer, counterclaim and third party complaint Other error(s) with document(s): CLARIFICATION of the above RE.Counterclaims and Third-Party Complaint against Metricolor LLC Salvatore DAmico and Stephen DAmico; 1) THE COUNTERCLAIM caption list Metricolor as the ONLY COUNTER DEFENDANT, but page 26 lists Thee DAmicos and Metricolor; 2) ; RE THIRD PARTY COMPLAINT CAPTION: Savatortore DAmco and Stephen DAmico are listed the ONLY third party defendants. However page 18, reads Third-Party Complaint against Metricolor LLC Salvatore DAmico and Stephen DAmico. Case docket does not correspond to the captions either. 3) Due to these conflicting information, please NOTE a separate Deficiency notice will be issued re the summons request filings 74, 75. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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 75 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 filed by Third-Party Plaintiffs L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 74 Request for Clerk to Issue Summons on Answer to Complaint (Attorney Civil Case Opening),,,,,, Counterclaim,,, Third Party Complaint,,,,, #73 filed by Third-Party Plaintiffs L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 73 ANSWER to Amended Complaint/Petition, #57 with JURY DEMAND , ANSWER to Amended Complaint/Petition, #57 with JURY DEMAND , COUNTERCLAIM against Metricolor LLC, Stephen D'Amico, Salvatore D'Amico, THIRD PARTY COMPLAINT against Metricolor LLC, Stephen D'Amico, Salvatore D'Amico, COUNTERCLAIM against Metricolor LLC, Stephen D'Amico, Salvatore D'Amico filed by Defendants, Counterclaimants and Third-Party Plaintiffs Redken 5th Avenue NYC, LLC, L Oreal USA, Inc, L Oreal USA Products, Inc., L Oreal USA S D Inc. (Attachments: #1 Exhibit 1 - 12)(Colt, Angela) |
| Filing 72 TRANSCRIPT ORDER as to defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC for Court Reporter. Court will contact Juan Huertas at jhuertas@orrick.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Martinelli, Richard) |
| Filing 71 MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: RE DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT ( DOCKET NO. 57) #63 : 1. The Court GRANTS in part and DENIES in part L'Oreal's request for judicial notice. Dkt. 64. The Court takes judicial notice of the existence of the webpages L'Oreal submits as Exhs. 3-12 in support of its motion to dismiss. The Court does not, however, take judicial notice of Exhs. 1 and 2, which contain L'Oreal's post hoc annotations and are therefore not the proper subject of judicial notice. 2. The Court GRANTS in part and DENIES in part L'Oreal's motion to dismiss. The Court DISMISSES Metricolor' s fifth claim for breach of confidence without prejudice. The Court, however, DENIES L'Oreal's motion in all other respects. (lc) |
| Filing 70 MINUTES OF TELEPHONE HEARING ON DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT (Filed 04/30/2020) #63 held before Judge Christina A. Snyder: Tentative order provided. The Court confers with counsel and counsel argue, as stated in Court and on the record. The Court takes defendants motion under submission. Court Reporter: Laura Elias. (lc) |
| Filing 69 SCHEDULING NOTICE SETTING HEARING BY TELEPHONE by Judge Christina A. Snyder re: NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice, Plaintiff Metricolor LLCs First Amended Complaint #63 on 6/29/2020 at 10:00 AM. The hearing will be held by telephone. Bridge Call information will be emailed to counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 68 REPLY in Support of Request for Judicial Notice #64 and NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice, Plaintiff Metricolor LLCs First Amended Complaint #63 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Colt, Angela) |
| Filing 67 OPPOSITION OPPOSITION re: NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice, Plaintiff Metricolor LLCs First Amended Complaint #63 filed by Plaintiff Metricolor LLC. (Attachments: #1 Declaration of Eduardo Martorell, #2 Exhibit 1)(Martorell, Eduardo) |
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Filing 66
ORDER ON STIPULATION RE L'OREAL'S MOTION TO DISMISS #65 by Judge Christina A. Snyder: Plaintiff shall file any opposition brief on or before May 26, 2020; Defendants shall file any reply briefs on or before June 9, 2020A. The hearing on the Motion to Dismiss the FAC shall be held on Monday, June 29, 2020, at 10:00 AM #63 . (lc)
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| Filing 65 Joint STIPULATION for Order Re L Oreals Motion to Dismiss First Amended Complaint filed by plaintiff Jointly with Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Proposed Order)(Colt, Angela) |
| Filing 64 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice, Plaintiff Metricolor LLCs First Amended Complaint #63 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Proposed Order)(Colt, Angela) |
| Filing 63 NOTICE OF MOTION AND MOTION to Dismiss Case with Prejudice, Plaintiff Metricolor LLCs First Amended Complaint filed by defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Motion set for hearing on 6/1/2020 at 10:00 AM before Judge Christina A. Snyder. (Attachments: #1 Declaration of Angela Colt, #2 Exhibit 1 - 12 to Colt Declaration, #3 Proposed Order) (Colt, Angela) |
| Filing 62 TRANSCRIPT ORDER as to defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc for Court Reporter. Court will contact Juan Huertas at jhuertas@orrick.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Martinelli, Richard) |
| Filing 61 SCHEDULING NOTICE GRANTING by Judge Christina A. Snyder re: EX PARTE APPLICATION to Extend Time to File Answer to 4/30/2020 re Amended Complaint #59 .The Court is in receipt of defendants' ex parte application to extend the deadline to respond to plaintiff's first amended complaint from April 6, 2020 to April 30, 2020 #59 . Plaintiff filed an opposition on March 25, 2020] #60 . In light of the coronavirus pandemic, defendants' ex parte application is GRANTED. Should plaintiff require additional time to respond to defendants' pleading, the Court will entertain a request for extension of time by plaintiff should the parties be unable to come to an agreement. The Court reminds the parties of their obligations to extend one another the professional courtesies reasonably necessary "to secure the just, speedy, and inexpensive determination of every action and proceeding." See Fed. R. Civ. P. 1. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cj) TEXT ONLY ENTRY |
| Filing 60 OPPOSITION in Opposition re: EX PARTE APPLICATION to Extend Time to File Answer to 4/30/2020 re Amended Complaint/Petition, #57 #59 filed by Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 59 EX PARTE APPLICATION to Extend Time to File Answer to 4/30/2020 re Amended Complaint/Petition, #57 filed by defendant L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Declaration of Angela Colt, #2 Exhibit 1 - 6 to Colt Declaration, #3 Proposed Order) (Colt, Angela) |
| Filing 58 Notice of Appearance or Withdrawal of Counsel: for attorney Angela Colt counsel for Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Adding Angela Colt as counsel of record for LOral USA, Inc., LOral USA Products, Inc., LOral USA S/D, Inc., and Redken 5th Avenue NYC, LLC for the reason indicated in the G-123 Notice. Filed by Defendant LOral USA, Inc., LOral USA Products, Inc., LOral USA S/D, Inc., and Redken 5th Avenue NYC, LLC. (Attorney Angela Colt added to party L Oreal USA Products, Inc.(pty:dft), Attorney Angela Colt added to party L Oreal USA S D Inc(pty:dft), Attorney Angela Colt added to party L Oreal USA, Inc(pty:dft), Attorney Angela Colt added to party Redken 5th Avenue NYC, LLC(pty:dft))(Colt, Angela) |
| Filing 57 First Amended Complaint AMENDED COMPLAINT against Defendant Metricolor LLC amending Complaint (Attorney Civil Case Opening) #1 , Complaint (Attorney Civil Case Opening) #8 , filed by Plaintiff Metricolor LLC (Attachments: #1 Exhibit Exhibits A to F to First Amended Complaint)(Martorell, Eduardo) |
| Filing 56 MINUTES OF STATUS CONFERENCE RE: FILING AND SPREADING OF U.S. COURTOF APPEALS FOR THE FEDERAL CIRCUIT MANDATE 2018-2397 held before Judge Christina A. Snyder: The Court orders the U.S. Court of Appeals for the Federal Circuit Mandate 2018-2397 filed and spread forthwith. The Court sets the following deadlines: Plaintiff may file and Amended Complaint on or before March 6, 2020; and Defendants may file a responsive pleading on or before April 6, 2020. Court Reporter: Laura Elias. (Case reopened. MD JS-5.) (lc) |
| Filing 55 NOTICE TO COUNSEL upon filing of the complaint by Judge Christina A. Snyder. (rba) |
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Filing 54
MINUTE ORDER IN CHAMBERS by Judge Christina A. Snyder: HEARING ON MANDATE OF THE NINTH CIRCUIT COURT OF APPEAL #51 : Court reviews the Mandate. A Status Conference re: Filing and Spreading of the Federal Circuits Mandate is set on January 6, 2020, at 11:00 A.M. (lc)
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Filing 53
ORDER RETURNING CASE FOR REASSIGNMENT by Judge Dean D. Pregerson. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Dean D. Pregerson to Judge Christina A. Snyder for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18-cv-00364 CAS (Ex). (esa)
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| Filing 52 NOTICE OF REASSIGNMENT OF CASE upon Receipt of Mandate filed. This case having been returned on a mandate from the 9th CCA, vacating and remanding in part and affirming in part the decision of Judge Manuel L. Real and requiring judicial action, this case has been reassigned to Judge Dean D. Pregerson for all further proceedings. Case number will now read 2:18-cv-00364 DDP (Ex). (esa) |
| Filing 51 MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #40 , CCA # 2018-2397. In accordance with the judgment of this Court, entered October 30, 2019, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. [See USCA Opinion #49 and USCA Judgment #50 , The decision of the district court is vacated-and-remanded-in-part and affirmed-in-part.] (mat) |
| Filing 50 JUDGMENT from Federal Circuit Court of Appeals filed re: Notice of Appeal to the Federal Circuit Court of Appeals #42 . CCA # 2018-2397. The decision of the district court is vacated-and-remanded-in-part and affirmed-in-part. (gk) |
| Filing 49 OPINION from Federal Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #40 filed by Metricolor LLC. CCA # 2018-2397. The decision of the district court is vacated-and-remanded-in-part and affirmed-in-part. (gk) |
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Filing 48
ORDER from Federal Circuit Court of Appeals filed re: Notice of Appeal to Federal Circuit Court of Appeals #40 filed by Metricolor LLC. CCA # 2018-2397. IT IS ORDERED that Metricolor LLC's Motion for leave to file its reply brief and joint appendix out of time is granted. See document for further details. (gk)
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Filing 47
ORDER DENYING DEFENDANTS' MOTION FOR SANCTIONS #37 by Judge Manuel L. Real. See document for details. (gk)
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Filing 46
TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) by Judge Manuel L. Real, The Court has determined that Motion for Sanctions Pursuant to Rule 11 filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. #37 set for hearing on October 15, 2018 at 10:00 A.M. is suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said motion is taken UNDER SUBMISSION on the papers as filed and the hearing date of October 15, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dbu) TEXT ONLY ENTRY
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| Filing 45 REPLY in support of NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11, the court's inherent authority, and 35 U.S.C 285 against Plaintiff Metricolor LLC and its counsel, #37 filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Calvaruso, Joseph) |
| Filing 44 OPPOSITION to NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11, the court's inherent authority, and 35 U.S.C 285 against Plaintiff Metricolor LLC and its counsel, #37 filed by Plaintiff Metricolor LLC. (Attachments: #1 Declaration Salvatore D'Amico, #2 Declaration Eduardo Martorell, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(Martorell, Eduardo) |
| Filing 43 NOTIFICATION from Federal Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-2397 assigned to Notice of Appeal to Federal Circuit Court of Appeals #42 as to Plaintiff Metricolor LLC. (gk) |
| Filing 42 NOTICE OF APPEAL to the Federal Circuit Court of Appeals filed by Plaintiff-Appellant Metricolor LLC. Appeal of Order on Motion to Dismiss,,, #35 . (Appeal Fee - 505 Previously Paid on 09/13/2018, Receipt No. 26C7TG7T.) (Attachments: #1 Exhibit Order Granting Defendants' Motion to Dismiss, #2 Representation of Statement)(Martorell, Eduardo) |
| Filing 41 NOTICE OF ERRATA filed by Plaintiff Metricolor LLC. correcting Notice of Appeal to 9th Circuit Court of Appeals, #40 (Martorell, Eduardo) |
| TRANSMISSION of the Notice of Appeal, Docket Sheet, Judgment and or order e-mailed to the US Court of Appeals for the Federal Circuit re: Notice of Appeal to Federal Circuit Court of Appeals, #42 (mat) |
| Filing 40 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff-Appellant Metricolor LLC. Appeal of Order on Motion to Dismiss,,, #35 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22419341.) (Attachments: #1 Representation Statement, #2 Exhibit Order Granting Defendants' Motion to Dismiss Complaint)(Martorell, Eduardo) |
| Filing 39 DECLARATION of Scott Schienvar in support of NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11, the court's inherent authority, and 35 U.S.C 285 against Plaintiff Metricolor LLC and its counsel, #37 filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Calvaruso, Joseph) |
| Filing 38 DECLARATION of Joseph A. Calvaruso in support of NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11, the court's inherent authority, and 35 U.S.C 285 against Plaintiff Metricolor LLC and its counsel, #37 filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Calvaruso, Joseph) |
| Filing 37 NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11, the court's inherent authority, and 35 U.S.C 285 against Plaintiff Metricolor LLC and its counsel, filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Motion set for hearing on 10/15/2018 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Calvaruso, Joseph) |
| Filing 36 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Order Granting Defendants' Motion to Dismiss) (gk) |
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Filing 35
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Manuel L. Real: IT IS HEREBY ORDERED that Defendants' L'Oreal USA, Inc., L'Oreal USA Products, Inc., L'Oreal USA S/D, Inc., and Redken 5th Avenue NYC, LLC's Motion to Dismiss Metricolor LLC's Complaint #20 is GRANTED. IT IS FURTHER ORDERED that Defendant L'Oreal S.A.'s Motion to Dismiss Metricolor LLC's Complaint #26 is GRANTED. (MD JS-6. Case Terminated) (gk)
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Filing 34
TEXT ONLY SCHEDULING ORDER (IN CHAMBERS) by Judge Manuel L. Real. The Court has determined that Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC.s Motion to Dismiss Case #20 , and Defendant L Oreal S.A.s Motion to Dismiss Case #26 set for hearing on July 16, 2018 at 10:00 A.M. are suitable for a decision on the papers as filed by all parties without the need for oral argument. Therefore, the said Motions are taken UNDER SUBMISSION on the papers as filed and the hearing date of July 16, 2018 is VACATED and TAKEN OFF CALENDAR. The Court will issue its ruling on the matter in due course. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cch) TEXT ONLY ENTRY
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| Filing 33 DECLARATION of Andrew Joonmin Kim in support of NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint for Failure to State a Claim and for Lack of Personal Jurisdiction #26 , NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint #20 filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kim, Andrew) |
| Filing 32 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint for Failure to State a Claim and for Lack of Personal Jurisdiction #26 filed by Defendant L Oreal S.A.. (Calvaruso, Joseph) |
| Filing 31 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint #20 filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Calvaruso, Joseph) |
| Filing 30 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint for Failure to State a Claim and for Lack of Personal Jurisdiction #26 filed by Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 29 REQUEST FOR JUDICIAL NOTICE in Support of Oppositions to Motions to Dismiss filed by Plaintiff Metricolor LLC. (Attachments: #1 Declaration Martorell Declaration, #2 Exhibit Exh. A, #3 Exhibit Exh. B, #4 Exhibit Exh. C, #5 Exhibit Exh. D, #6 Exhibit Exh. E, #7 Exhibit Exh. F)(Martorell, Eduardo) |
| Filing 28 Opposition re: NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint #20 filed by Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 27 PROPOSED ORDER re NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint for Failure to State a Claim and for Lack of Personal Jurisdiction #26 filed by Defendant L Oreal S.A.. (Calvaruso, Joseph) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint for Failure to State a Claim and for Lack of Personal Jurisdiction filed by Defendant L Oreal S.A.. Motion set for hearing on 7/16/2018 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Roy Rabinowitz) (Calvaruso, Joseph) |
| Filing 25 Notice of Appearance or Withdrawal of Counsel: for attorney Richard F Martinelli counsel for Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Adding Richard F. Martinelli as counsel of record for L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC for the reason indicated in the G-123 Notice. Filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Martinelli, Richard) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Joseph A Calvaruso counsel for Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Adding Joseph A. Calvaruso as counsel of record for L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC for the reason indicated in the G-123 Notice. Filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Calvaruso, Joseph) |
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Filing 23
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Richard F. Martinelli to Appear Pro Hac Vice on behalf of Defendants L'Oreal S.A., L'Oreal USA, Inc., L'Oreal USA Products, Inc., L'Oreal USA S/D, Inc., and Redken 5th Avenue NYC, LLC, designating Andrew J. Kim as local counsel #21 . (gk)
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Filing 22
ORDER by Judge Manuel L. Real Granting Application of Non-Resident Attorney Joseph A. Calvaruso to Appear Pro Hac Vice on behalf of Defendants L'Oreal S.A., L'Oreal USA, Inc., L'Oreal USA Products, Inc., L'Oreal USA S/D, Inc., and Redken 5th Avenue NYC, LLC, designating Andrew J. Kim as local counsel #17 . (gk)
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| Filing 21 Corrected APPLICATION of Non-Resident Attorney Richard F. Martinelli to Appear Pro Hac Vice on behalf of Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC (Pro Hac Vice Fee - $325 Previously Paid on 4/23/2018, Receipt No. 2698B7MQ) filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order) (Kim, Andrew) |
| Filing 20 NOTICE OF MOTION AND MOTION to Dismiss Metricolor LLC's Complaint filed by Defendants L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Motion set for hearing on 7/16/2018 at 10:00 AM before Judge Manuel L. Real. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Kim, Andrew) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC identifying L'Oreal S.A. as Corporate Parent. (Kim, Andrew) |
| Filing 18 APPLICATION of Non-Resident Attorney Richard F. Martinelli to Appear Pro Hac Vice on behalf of Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-21634725) filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order) (Kim, Andrew) |
| Filing 17 APPLICATION of Non-Resident Attorney Joseph A. Calvaruso to Appear Pro Hac Vice on behalf of Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC (Pro Hac Vice Fee - Fee Paid, R eceipt No. 0973-21634719) filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Proposed Order) (Kim, Andrew) |
| Filing 16 Notice of Appearance or Withdrawal of Counsel: for attorney Andrew J Kim counsel for Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. Adding Andrew J Kim as counsel of record for L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC for the reason indicated in the G-123 Notice. Filed by Defendants L Oreal S.A., L Oreal USA Products, Inc., L Oreal USA S D Inc, L Oreal USA, Inc, Redken 5th Avenue NYC, LLC. (Attorney Andrew J Kim added to party L Oreal S.A.(pty:dft), Attorney Andrew J Kim added to party L Oreal USA Products, Inc.(pty:dft), Attorney Andrew J Kim added to party L Oreal USA S D Inc(pty:dft), Attorney Andrew J Kim added to party L Oreal USA, Inc(pty:dft), Attorney Andrew J Kim added to party Redken 5th Avenue NYC, LLC(pty:dft))(Kim, Andrew) |
| Filing 15 Notice of Appearance or Withdrawal of Counsel: for attorney Angelo Mishriki counsel for Plaintiff Metricolor LLC. Angelo Mishriki is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Metricolor LLC. (Mishriki, Angelo) |
| Filing 14 WAIVER OF SERVICE Returned Executed filed by Plaintiff Metricolor LLC. upon L Oreal S.A. waiver sent by Plaintiff on 2/22/2018, answer due 5/23/2018. Waiver of Service signed by L'Oreal S.A.. (Martorell, Eduardo) |
| Filing 13 WAIVER OF SERVICE Returned Executed filed by Plaintiff Metricolor LLC. upon L Oreal USA Products, Inc. waiver sent by Plaintiff on 2/22/2018, answer due 4/23/2018; L Oreal USA S D Inc waiver sent by Plaintiff on 2/22/2018, answer due 4/23/2018; L Oreal USA, Inc waiver sent by Plaintiff on 2/22/2018, answer due 4/23/2018; Redken 5th Avenue NYC, LLC waiver sent by Plaintiff on 2/22/2018, answer due 4/23/2018. Waiver of Service signed by L'ORAL USA, INC.; L'ORAL USA PRODUCTS, INC.; L'ORAL USA S/D, INC.; REDKEN 5TH AVENUE NYC, LLC. (Martorell, Eduardo) |
|
Filing 12
ORDER RE: NOTICE TO COUNSEL upon filing of the complaint by Judge Manuel L. Real. READ CAREFULLY - FAILURE TO COMPLY MAY LEAD TO SANCTIONS. SEE ORDER FOR DETAILS. (cch)
|
| Filing 11 21-Day Summons Issued re Complaint #1 as to Defendants L'Oreal S.A., L'Oreal USA, Inc., L'Oreal USA Products, Inc., L'Oreal USA S/D, Inc., Redken 5th Avenue NYC, LLC, and Does 1 through 100, inclusive. (gk) |
| Filing 10 Request for Clerk to Issue Summons on Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #4 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff Metricolor LLC. (Martorell, Eduardo) |
| Filing 9 NOTICE OF ERRATA filed by Plaintiff Metricolor LLC. correcting Complaint (Attorney Civil Case Opening) #8 (Martorell, Eduardo) |
| Filing 8 COMPLAINT with filing fee previously paid ($400.00 paid on 01/16/2018, receipt number 0973-21002997), filed by Plaintiff Metricolor LLC.(Martorell, Eduardo) |
| Filing 7 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (et) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Manuel L. Real and Magistrate Judge Charles F. Eick. (et) |
| Filing 5 Request for Clerk to Issue Summons on Report on Filing of Patent/Trademark Action (Initial Notification)(AO 120) #4 , Complaint (Attorney Civil Case Opening) #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 filed by Plaintiff METRICOLOR LLC. (Mishriki, Angelo) |
| Filing 4 REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by METRICOLOR LLC. (Mishriki, Angelo) |
| Filing 3 CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiff METRICOLOR LLC, (Mishriki, Angelo) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff METRICOLOR LLC. (Mishriki, Angelo) |
| Filing 1 COMPLAINT Receipt No: 0973-21102997 - Fee: $400, filed by Plaintiff METRICOLOR LLC. (Attachments: #1 Exhibits A-E) (Attorney Angelo Mishriki added to party METRICOLOR LLC(pty:pla))(Mishriki, Angelo) |
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