Blumenthal Distributing, Inc. d/b/a Office Star et al v. Millerknoll, Inc.
| Blumenthal Distributing, Inc. doing business as Office Star and Bed Bath & Beyond, Inc. |
| Herman Miller, Inc. and Millerknoll, Inc. |
| FRIS OFFICE OUTFITTERS, INC., iFURN.com, INC. D/B/A OFFICESTAR-FURNITURE-DIRECT.COM, GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM and Blumenthal Distributing, Inc. |
| 5:2014cv01926 |
| September 16, 2014 |
| US District Court for the Central District of California |
| John A Kronstadt |
| Sheri Pym |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Defendant |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 628
STATUS REPORT filed by Counter Claimant Millerknoll, Inc.. (Attachments: #1 Exhibit A)(Ciardullo, Jean-Paul)
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Filing 627
NOTICE OF FILING TRANSCRIPT filed for proceedings 02-13-2023 re Transcript #626 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jmo) TEXT ONLY ENTRY
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Filing 626
TRANSCRIPT for proceedings held on 02-13-2023. Court Reporter/Electronic Court Recorder: Mary R. Rickey, phone number courtreporterusa@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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/14/2023. Redacted Transcript Deadline set for 3/24/2023. Release of Transcript Restriction set for 5/22/2023. (jmo)
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Filing 625
TRANSCRIPT ORDER as to Plaintiff Blumenthal Distributing, Inc. for Court Reporter. Court will contact Stacy Goodwin at sgoodwin@lewisroca.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 629
STATUS CONFERENCE HERMAN MILLER'S CONCURRENT MOTION IN LIMINE NO. 10 (DKT. 604); BLUMENTHAL DISTRIBUTING INC.'S SECOND RENEWED MOTION IN LIMINE NO. 1 (DKT. 605); AND BLUMENTHAL DISTRIBUTING, INC.'S MOTION IN LIMINE NO. 8 (DKT. 606) held before Judge John A. Kronstadt. Trial is currently scheduled for March 8, 2023, at 9:00 a.m. The Court will notify the parties if a modification to the current trial schedule becomes necessary. Herman Miller's Motion in Limine No. 10 (Dkt. 604): The motion is DENIED-IN-PART AND DEFERRED-IN-PART. Blumenthal Distributing, Inc.'s Second Renewed Motion in Limine No. 1 (Dkt. 605): The Court states its tentative views that it is inclined to deny the motion. The objections go to the weight, not admissibility, of the survey. Blumenthal Distributing, Inc.'s Motion in Limine No. 8 (Dkt. 606): The motion is RESERVED for evaluation in the context of trial. Dr. Englis and Dr. Pittaoulis will not be permitted to testify as to the same issue. The Court has reviewed OfficeStars proposed changes to the joint statement of the case. The Court will make the joint statement consistent with Proposed Instruction No. 23. The Court has reviewed the parties jury instructions and directs counsel to confer further in an effort to narrow the disputes. The parties shall file an amended set of agreed upon instructions, which shall include an attachment of the disputed instructions with a redline version of any disputed language. Counsel shall provide the jury instructions in WORD format. The Court continued the final pretrial conference to March 2, 2023, at 11:00 a.m., with the precise time to be determined once the final calendar is issued for that date. However, the hearing is now set for March 6, 2023, at 11:00 a.m., by Zoom, with the final time to be set when the final calendar issues for that date. On or before February 22, 2023, the parties shall include in the joint report their collective and/or respective position(s) regarding further settlement efforts.The case caption in this matter is Blumenthal Distributing, Inc. d/b/a Office Star et al v. Millerknoll, Inc. However, Millerknoll, Inc. will be referred to as "Herman Miller" at trial. IT IS SO ORDERED. Court Reporter: Mary Rickey. (yl)
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Filing 624
TRANSCRIPT ORDER as to Defendant Herman Miller, Inc. for Court Reporter. Court will contact Jean-Paul Ciardullo, Esq. at jciardullo@foley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 623
(IN CHAMBERS) ORDER RE COURTROOM AUDIO EQUIPMENT by Judge John A. Kronstadt: Trial counsel should familiarize themselves with the audiovisual equipment in the courtroom by contacting the IT department (213-894-3061) for a demonstration. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 622
(IN CHAMBERS) ORDER CONFIRMING THE TIME FOR FINAL PRETRIAL CONFERENCE; HERMAN MILLER'S CONCURRENT MOTION IN LIMINE NO. 10 (DKT. #604 ); BLUMENTHAL DISTRIBUTING INC.'S SECOND RENEWED MOTION IN LIMINE NO. 1 (DKT. #605 ); and BLUMENTHAL DISTRIBUTING, INC'S MOTION IN LIMINE NO. 8 (DKT. #606 ) by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 9:15 a.m., on February 13, 2023. In person or Zoom appearances are both permitted. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 621
NOTICE OF ERRATA filed by Counter Claimant Millerknoll, Inc.. correcting Statement #609 Joint Statement of the Case for Voir Dire (Attachments: #1 Corrected Joint Statement of the Case for Voir Dire replacing Dkt. 609)(Ciardullo, Jean-Paul)
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Filing 620
NOTICE OF LODGING filed Disputed Trial Exhibits re Notice (Other) #613 (Attachments: #1 Exhibit A)(Ciardullo, Jean-Paul)
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Filing 619
OPPOSITION to MOTION IN LIMINE (#8) to Exclude Expert Report and Testimony of Defendants Expert Melissa Pittaoulis, Ph.D. #606 filed by Counter Claimant Millerknoll, Inc.. (Ciardullo, Jean-Paul)
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Filing 618
OPPOSITION to Renewed MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Defendants' Expert Basil Englis #605 filed by Counter Claimant Millerknoll, Inc.. (Ciardullo, Jean-Paul)
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Filing 617
REPLY and Opposition MOTION IN LIMINE (10) to Preclude the '486 Trademark Application, and Excerpts thereof lodged at Dkt. 600 #604 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of Kyle W. Kellar re Reply and Opposition, #2 Exhibit A to Declaration of Kyle W. Kellar, #3 Exhibit B to Declaration of Kyle W. Kellar, #4 Exhibit C to Declaration of Kyle W. Kellar, #5 Exhibit D to Declaration of Kyle W. Kellar)(Kellar, Kyle)
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Filing 616
ORDER RE JOINT STIPULATION TO AMEND CAPTION (DKT. #603 ) by Judge John A. Kronstadt. Based on a review of the parties' Joint Stipulation to Amend Caption, sufficient good cause has been shown for the requested relief. Therefore, the Stipulation is APPROVED. The case caption shall be amended as follows to reflect the current legal name of Defendant and Counter-Plaintiff MillerKnoll, Inc. (yl)
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Filing 615
Proposed Voir Dire Questions filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 614
PROPOSED SPECIAL JURY VERDICT filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 613
Notice of Disputed Trial Exhibits filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 612
Joint Exhibit List filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 611
PROPOSED JURY INSTRUCTIONS filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 610
NOTICE OF LODGING Proposed Pretrial Conference Order Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit 1 - Final Pretrial Conference Order)(Ciardullo, Jean-Paul)
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Filing 609
STATEMENT Joint Statement of the Case for Voir Dire filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. re: Statement #493 . (Ciardullo, Jean-Paul)
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Filing 608
PROPOSED JURY VERDICT filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 607
Witness List filed by Counterclaimant Herman Miller, Inc. Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 606
NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Exclude Expert Report and Testimony of Defendants Expert Melissa Pittaoulis, Ph.D. filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 2/13/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Motion-in-Limine No. 8, #2 Declaration of Kyle W. Kellar in Support of Motion-in-Limine No. 8, #3 Exhibit A to Declaration of Kyle W. Kellar, #4 Exhibit B to Declaration of Kyle W. Kellar, #5 Proposed Order Granting Motion-in-Limine No. 8)(Kellar, Kyle)
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Filing 605
NOTICE OF MOTION AND Renewed MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Defendants' Expert Basil Englis filed by Plaintiff and Counterclaim-Defendants Blumenthal Distributing, Inc.. Motion set for hearing on 2/13/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Renewed Motion-in-Limine No. 1, #2 Declaration of Kyle W. Kellar in Support of Renewed Motion-in-Limine No. 1, #3 Exhibit A to Declaration of Kyle W. Kellar, #4 Proposed Order Granting Renewed Motion-in-Limine No. 1)(Kellar, Kyle)
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Filing 604
NOTICE OF MOTION AND MOTION IN LIMINE (10) to Preclude the '486 Trademark Application, and Excerpts thereof lodged at Dkt. 600 filed by Counterclaimant Herman Miller, Inc.. Motion set for hearing on 2/13/2023 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jonathan Moskin, #2 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 603
STIPULATION to Amend filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Order to Amend Caption)(Ciardullo, Jean-Paul)
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Filing 602
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Defendant/Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 601
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Counter-Defendant Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 600
NOTICE OF LODGING filed with Excerpts of the Certified File Wrapper of U.S. Trademark Application No. 87225486 re Status Report #591 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kellar, Kyle)
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Filing 599
(IN CHAMBERS) TEXT-ONLY ORDER SETTING DATES FOR TRIAL AND FINAL PRETRIAL CONFERENCE by Judge John A. Kronstadt: Based on a review of the parties' Joint Status Report (Dkt. #598 ), the Court sets a trial date of March 7, 2023, at 9:00 a.m. The Final Pretrial Conference is set for February 13, 2023, at 8:30 a.m. If an earlier trial date becomes available, the clerk will contact counsel regarding their potential availability and whether a status conference would be helpful as to scheduling. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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Filing 598
STATUS REPORT (Joint) filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Kellar, Kyle)
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Filing 597
(IN CHAMBERS) TEXT-ONLY ORDER VACATING PRETRIAL STATUS CONFERENCE by Judge John A. Kronstadt: Pursuant to the Order Taking Trial Date Off Calendar and Directing Counsel to File Joint Report Re Trial Dates (Dkt. 596), the trial previously set for November 1, 2022, was taken off calendar. Therefore, the Final Pretrial Conference set for October 17, 2022, is VACATED. No appearance by counsel is necessary. The Final Pretrial Conference will be rescheduled for a date to be determined when the new trial date is set. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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Filing 596
(IN CHAMBERS) TEXT-ONLY ORDER TAKING TRIAL DATE OFF CALENDAR AND DIRECTING COUNSEL TO FILE JOINT REPORT RE TRIAL DATES by Judge John A. Kronstadt: Based on a review of the parties' Joint Status Report (Dkt. #592 ), it is determined that the current trial date of November 1, 2022, is taken off calendar. At present, the following dates are available for trial to start: February 7, 2023, or February 14, 2023. On or before October 11, 2022, the parties shall file a joint report that states their respective and/or collective position(s) as to commencing trial on one or both of those dates. Although the current trial dates in other matters could change, at present, if neither the February 7, 2023 nor February 14, 2023 date will work for both parties, the next available trial date would be February 21, 2023; provided, however, the parties would be notified promptly if an earlier date becomes available due to a change in the current trial schedules in other matters, to determine their availability to proceed on that earlier date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (maco) TEXT ONLY ENTRY
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Filing 595
Opposition filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. re: Statement #593 (Kellar, Kyle)
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Filing 593
STATEMENT Concerning Sowers Fame Survey (per Court's Direction at 9/12/2022 Hearing) filed by Counter Claimant Herman Miller, Inc. (Ciardullo, Jean-Paul)
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Filing 592
STATUS REPORT (Joint) filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Kellar, Kyle)
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Filing 594
STATUS CONFERENCE held before Judge John A. Kronstadt. On or before September 19, 2022, the parties shall a joint report stating whether the parties are able to resolve the case, plan to continue discussion, and/or modification of the current schedule is appropriate. The Court sets the following deadlines regarding the effect of Defendant's proposed withdrawal of expert witness Dr. Berry on the testimony of Plaintiff's witness Mr. Brian Sowers: September 19, 2022: Defendant's position (not more than three pages). September 26, 2022: Plaintiff's position (not more than three pages). IT IS SO ORDERED. Court Reporter: Suzanne McKennon. (yl)
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Filing 591
STATUS REPORT (Joint Status Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 590
(IN CHAMBERS) ORDER SETTING THE TIME FOR STATUS CONFERENCE by Judge John A. Kronstadt: On the Court's own motion, the TIME for the status conference is SET for 10:30 a.m., on September 12, 2022. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 589
MINUTES OF SETTLEMENT CONFERENCE - THIRD SESSION held before Magistrate Judge Louise A. LaMothe. The Court conducts a third settlement conference session as scheduled. After discussion among the parties, including separate caucuses, no settlement is reached. A fourth settlement conference has been tentatively scheduled for Friday, September 9, 2022, from 1:00 p.m. to 3:00 p.m. PDT. The parties are to confirm with the clerk at Debbie_Johnston@cacd.uscourts.gov. Court Recorder: Waived. (dfi)
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Filing 588
OPPOSITION to EX PARTE APPLICATION to Strike the Expert Report of Melissa Pittaoulis, Ph.D. #587 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jonathan Moskin)(Ciardullo, Jean-Paul)
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Filing 587
EX PARTE APPLICATION to Strike the Expert Report of Melissa Pittaoulis, Ph.D. filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. (Attachments: #1 Underlying Motion to Strike the Expert Report of Melissa Pittaoulis, Ph.D., #2 Declaration of Kyle W. Kellar in Support of Ex Parte Motion, #3 Exhibit A to Declaration of Kyle W. Kellar, #4 Exhibit B to Declaration of Kyle W. Kellar, #5 Exhibit C to Declaration of Kyle W. Kellar, #6 Exhibit D to Declaration of Kyle W. Kellar, #7 Proposed Order Granting Ex Parte Motion to Strike) (Kellar, Kyle)
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Filing 586
(IN CHAMBERS) ORDER CONTINUING SETTLEMENT CONFERENCE, SESSION THREE by Magistrate Judge Louise A. LaMothe. The third settlement conference session in this matter is continued from Thu., August 18, 2022, to Thu., September 8, 2022, from 1:00 p.m. to 4:00 p.m. PDT via Zoom before Magistrate Judge Louise LaMothe.The Zoom link will be sent separately via email. (dfi)
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Filing 585
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. The Court and counsel for Defendant confer regarding ongoing settlement discussions. Counsel waives the recording of this session.Court Recorder: Waived. (dfi)
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Filing 584
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. The Court and counsel for Plaintiff confer regarding ongoing settlement discussions. Counsel waives the recording of this session. Court Recorder: Waived. (dfi)
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Filing 583
(IN CHAMBERS) ORDER RE HERMAN MILLER'S DAUBERT MOTION TO STRIKE BLUMENTHAL DISTRIBUTING, INC.'S EXPERT SURVEYS #486 by Judge John A. Kronstadt. For the foregoing reasons, the Motion is DENIED. (See document for further details) (yl)
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Filing 582
(IN CHAMBERS) ORDER RE PRETRIAL BRIEFING by Judge John A. Kronstadt. For the reasons stated in this Order, Sowers' testimony is not per se excluded in the event Herman Miller withdraws one or or both experts. The trial is set for November 1, 2022 with a final pretrial conference on October 17, 2022. (See document for further details) (yl) Modified on 9/19/2022 (yl).
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Filing 581
MINUTES OF PRE-SETTLEMENT CONFERENCE TELEPHONE CALL held with Magistrate Judge Louise A. LaMothe. Upon the agreement of counsel during the preliminary telephone conference, the settlement conference (third session) will take place via Zoom on Thu., August 18, 2022, from 1:00 p.m. to 4:00 p.m. PDT.The parties shall exchange settlement statements and lodge a copy with the courtroom deputy clerk via email to LAL_chambers@cacd.uscourts.gov by 5:00 p.m. PDT on Tue., August 16, 2022. In addition, the parties shall meet and confer by Wed., August 17, 2022, regarding the status of pending matters and advise the deputy clerk whether the settlement conference will go forward as scheduled. Court Recorder: Waived. (dfi) (Main Document 581 replaced on 8/13/2022) (dfi).
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Filing 580
STATUS REPORT (Joint Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 579
STATUS REPORT (Joint Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 578
(IN CHAMBERS) TEXT-ONLY ORDER DIRECTING COUNSEL TO FILE JOINT REPORT RE TRIAL DATES by Judge John A. Kronstadt: Based on a review of the parties' Joint Status Report (Dkt. #565 ), it is determined that, at present, the following dates are available for trial to start: October 11, 2022, or November 1, 2022. On or before August 10, 2022, the parties shall file a joint report that states their respective and/or collective position(s) as to commencing trial on one or both of those dates. Although the current trial dates in other matters could change, at present, if neither October 11, 2022 nor November 1, 2022 will work for both parties, the next available trial date would be in January 2023; provided, however, the parties would be notified promptly if an earlier date becomes available due to a change in the current trial schedules in other matters, to determine their availability to proceed on that earlier date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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Filing 577
(IN CHAMBERS) ORDER RE: CONTINUANCE OF SETTLEMENT CONFERENCE, SESSION THREE by Magistrate Judge Louise A. LaMothe. A third settlement conference session is set for Thu., August 18, 2022, from 1:00 p.m. to 4:00 p.m. PDT via Zoom before Magistrate Judge Louise LaMothe. In preparation, there is a brief telephonic conference for attorneys only set for Fri., August 12, 2022, at 1:00 p.m. PDT. SEE attached for bridge information. (dfi)
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Filing 576
(IN CHAMBERS) TEXT-ONLY ORDER TAKING PRETRIAL BRIEFING (DKTS. #568 , #569 , #570 , #571 ) UNDER SUBMISSION by Judge John A. Kronstadt: Based on a review of the matters raised with respect to the pretrial briefing (Dkts. #568 , #569 , #570 , #571 ), the matter can be decided without oral argument. Local Rule 7.15. The Court advises counsel that the pretrial briefing, noticed for hearing on August 8, 2022, at 8:30 a.m., has been taken under submission and off calendar. No appearance by counsel or the parties is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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Filing 575
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING HEARING ON PRETRIAL BRIEFING (DKT. #564 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the hearing on the pretrial issues briefed by the parties from July 25, 2022, at 8:30 a.m., to August 8, 2022, at 8:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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Filing 574
OPPOSITION re: REQUEST to Strike Response, #570 REQUEST to Alternatively Submit the Response Herein to New Arguments on Reply #572 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Kellar, Kyle)
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Filing 573
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Strike Response, #570 REQUEST to Alternatively Submit the Response Herein to New Arguments on Reply #572 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (yl)
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Filing 572
REQUEST to Strike Response, #570 , REQUEST to Alternatively Submit the Response Herein to New Arguments on Reply filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 571
REPLY BRIEF filed by Counterclaimant Herman Miller, Inc.. in Support of Brief on Certain Pretrial Issues regarding Brief (non-motion non-appeal) #569 . (Ciardullo, Jean-Paul)
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Filing 570
RESPONSE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. to Herman Miller's Opening Brief on Certain Unresolved Pretrial Issues #569 (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 569
BRIEF filed by Counterclaimant Herman Miller, Inc.. - Opening Brief on Certain Pretrial Issues regarding Order,,,, Terminate Hearings,,,, Set/Reset Hearing,,, #564 . (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 568
Opening Brief re Mr. Sowers' Testimony and Reassertion of Infringement Allegation(s) filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. (Attachments: #1 Declaration of Kyle W. Kellar in Support of Opening Brief, #2 Exhibit A to Declaration of Kyle W. Kellar)(Dillard, David)
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Filing 567
NOTICE OF FILING TRANSCRIPT filed for proceedings 05/16/2022 at 9:31 a.m. re Transcript #566 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
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Filing 566
TRANSCRIPT for proceedings held on 05/16/2022 at 9:31 a.m. Court Reporter/Electronic Court Recorder: Myra L. Ponce, CSR, RDR, CRR, e-mail address myraponce@sbcglobal.net. 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 7/12/2022. Redacted Transcript Deadline set for 7/22/2022. Release of Transcript Restriction set for 9/19/2022. (Ponce, Myra)
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Filing 565
STATUS REPORT - Joint Report of the Parties Concerning Trial Dates filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 564
ORDER RE JOINT PRETRIAL STATUS REPORT (DKT. #562 ) by Judge John A. Kronstadt. The Further Final Pretrial Conference, which was previously scheduled for August 15, 2022, is vacated. A new date for the Further Final Pretrial Conference will be selected once the trial start date is set. The parties shall file simultaneous opening briefs, not to exceed ten pages, on or before June 22, 2022. Simultaneous reply briefs, not to exceed five pages, shall be filed on or before July 6, 2022. A hearing on these issues is set for July 25, 2022, at 8:30 a.m. A status conference is set for September 12, 2022, to discuss any open issues; provided, however, that if a notice of settlement is filed prior to that date, the status conference will be taken off calendar. (See document for further details) (yl)
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Filing 562
STATUS REPORT - Joint Status Report and Requests filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 561
TRANSCRIPT ORDER as to defendant/counter-claim plaintiff Herman Miller, Inc. for Court Reporter. Court will contact Autumn McIntosh at amcintosh@foley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 560
TRANSCRIPT ORDER as to Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact Stacy Goodwin at sgoodwin@lewisroca.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 563
FINAL PRETRIAL CONFERENCE held before Judge John A. Kronstadt. The trial date, which is currently set for May 31, 2022, is VACATED. The Court sets a tentative trial date of August 30, 2022. The Further Final Pretrial Conference is set for August 15, 2022. On or before May 23, 2022, counsel shall file a joint report informing the Court whether the August 30, 2022 trial date is acceptable by all parties. (See document for further details) Court Reporter: Myra Ponce. (yl)
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Filing 559
NOTICE OF LODGING filed Disputed Trial Exhibits re Status Conference - optional html form,,,, Set/Reset Hearing,,, #551 (Ciardullo, Jean-Paul)
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Filing 558
AMENDED (IN CHAMBERS) ORDER CHANGING THE TIME FOR THE FINAL PRETRIAL CONFERENCE by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to *9:30 a.m., on May 16, 2022. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 557
(IN CHAMBERS) ORDER CHANGING THE TIME FOR THE FINAL PRETRIAL CONFERENCE by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 9:45 a.m., on May 16, 2022. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 556
REPLY in Support of Request for Judicial Notice filed by Plaintiff Blumenthal Distributing, Inc.. (Kellar, Kyle)
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Filing 555
STATEMENT - Joint Statement Regarding Pre-Trial Conference (Attachments: #1 Exhibit Disputed Exhibits)(Ciardullo, Jean-Paul)
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Filing 554
RESPONSE filed by Counter Claimant Herman Miller, Inc.to Request for Judicial Notice, #552 Opposing Request for Judicial Notice (Ciardullo, Jean-Paul)
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Filing 553
NOTICE OF LODGING filed re Request for Judicial Notice, #552 (Attachments: #1 Plaintiff Blumenthal Distributing's Updated Request for Judicial Notice for Use at Trial, #2 Revised Declaration of Kyle W. Kellar, #3 Exhibit A (Part 1), #4 Exhibit A (Part 2), #5 Exhibit A (Part 3), #6 Exhibit B, #7 Exhibit C)(Kellar, Kyle)
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Filing 552
REQUEST FOR JUDICIAL NOTICE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of Kyle W. Kellar, #2 Exhibit A Part 1, #3 Exhibit A Part 2, #4 Exhibit A Part 3, #5 Exhibit A Part 4, #6 Exhibit A Part 5, #7 Exhibit A Part 6, #8 Exhibit B, #9 Exhibit C)(Kellar, Kyle)
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Filing 551
MINUTES OF STATUS CONFERENCE held before Judge John A. Kronstadt. The Court sets the Final Pretrial Conference for May 16, 2022, at 8:30 a.m. The time may change upon the issuance of the final calendar for that date. The Court and counsel discuss current outstanding issues in the action, including the Daubert Motion (Dkt. 486), disputes as to certain exhibits, and Herman Miller, Inc.'s Motion in Limine No. 8 (Dkt. 501). Counsel are instructed to file a joint statement two weeks prior to the Final Pretrial Conference identifying any disputes between the parties that remain unresolved. The Court states that a ruling on the Daubert Motion will be issued sufficiently far in advance of the Final Pretrial Conference to allow the parties to potentially resume settlement discussions. See minutes for further details. Court Reporter: Suzanne McKennon. (lom)
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Filing 550
(IN CHAMBERS) ORDER CHANGING THE TIME FOR STATUS CONFERENCE HEARING by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearing is RESET from 8:30 a.m. to 10:00 a.m., on February 28, 2022. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 549
STATUS REPORT - Joint Report of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 548
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING STATUS CONFERENCE by Judge John A. Kronstadt: Based on a review of the parties' Joint Status Report (the "Report" (Dkt. #547 ), the Court continues the February 14, 2022 Status Conference to February 28, 2022; provided, however, it may go off calendar based on a review of the submissions of the parties. The parties' request to file a further status report by February 11, 2022, is GRANTED. The May 31, 2022 date is presently being reserved for the trial in this action. Other potential trial dates are June 14, 2022, and July 19, 2022. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (hoa) TEXT ONLY ENTRY
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Filing 547
STATUS REPORT - Joint Report of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 546
(IN CHAMBERS) TEXT-ONLY ORDER TAKING FINAL PRETRIAL CONFERENCE AND JURY TRIAL OFF CALENDAR by Judge John A. Kronstadt: Due to the District's Extension of the Temporary Suspension of Jury Trials (Order of the Chief Judge, 22-002), the previously scheduled Final Pretrial Conference and jury trial are taken off calendar. A new trial date of either May 24, 2022, or May 31, 2022 is presently available, with corresponding dates for the Final Pretrial Conference of May 16, 2022, and May 23, 2022, respectively. Counsel shall meet and confer and, on or before February 4, 2022, submit a joint statement as to the availability of counsel and witnesses on each of those proposed trial dates. A status conference for trial scheduling is set for Monday, February 14, 2022, with the precise time to be determined upon the issuance of the final calendar for that date. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc1) TEXT ONLY ENTRY.
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Filing 545
Notice of Appearance or Withdrawal of Counsel: for attorney David A Dillard counsel for Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. Sami Irene Schilly 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 and Counter Defendant Blumenthal Distributing, Inc. d/b/a Office Star. (Dillard, David)
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Filing 544
NOTICE OF FILING TRANSCRIPT filed for proceedings 10/05/2021 9:00 a.m. re Transcript #543 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Hourigan, Terri) TEXT ONLY ENTRY
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Filing 543
TRANSCRIPT for proceedings held on 10/05/2021 9:00 a.m.. Court Reporter/Electronic Court Recorder: Terri Hourigan, phone number hourigan.terri@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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/29/2021. Redacted Transcript Deadline set for 12/7/2021. Release of Transcript Restriction set for 2/4/2022. (Hourigan, Terri)
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Filing 542
NOTICE OF FILING TRANSCRIPT filed for proceedings 09/13/21 - 12:03 p.m. re Transcript #541 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gonzalez, Lisa) TEXT ONLY ENTRY
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Filing 541
TRANSCRIPT for proceedings held on 09/13/21 - 12:03 p.m.. Court Reporter/Electronic Court Recorder: Lisa M. Gonzalez; csrlisag@aol.com, phone number 213-894-2979. 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 11/4/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/12/2022. (Gonzalez, Lisa)
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Filing 540
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING TRIAL AND SETTING DATE FOR FURTHER FINAL PRETRIAL CONFERENCE by Judge John A. Kronstadt: The Court, on its own motion and based on a review of the parties' Joint Statement Concerning Trial Date (Dkt. #539 ), sets trial for February 22, 2022, at 9:00 a.m. A Further Final Pretrial Conference is set for February 14, 2022, at 8:30 a.m. If a trial date becomes available in early December, late January, or earlier in February, the clerk will contact counsel as to their potential availability. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY.
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Filing 539
STATEMENT Concerning Trial Date filed by Counter Claimant Herman Miller, Inc. (Joint Statement of the Parties) (Ciardullo, Jean-Paul)
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Filing 537
TRANSCRIPT ORDER as to Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact Stacy Goodwin at sgoodwin@lewisroca.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 538
MINUTES OF EVIDENTIARY HEARING RE PLAINTIFFS' EXPERT WITNESS BRIAN SOWERS held before Judge John A. Kronstadt. The evidentiary hearing is held by Zoom Webinar. Counsel and expert witness Brian Sowers all appear in that manner. Recording or re-broadcasting of the proceedings is strictly prohibited. Mr. Sowers is sworn. Exhibits are introduced. Defendants counsel, Plaintiff's counsel and the Court question Mr. Sowers.Counsel address the Court. The matter is taken UNDER SUBMISSION and a final ruling will be issued. The Court supports counsel's continued settlement efforts. Court Reporter: Lisa Gonzalez. (et)
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Filing 536
ORDER RE JOINT STIPULATION CONCERNING TRIAL DATE (DKT. #534 ) by Judge John A. Kronstadt, the Stipulation is APPROVED. The October 12, 2021 trial date is vacated. The parties shall provide a joint status report on trial readiness to aid in selecting the next workable trial date within 14 days of the issuance of this order. All other dates previously set remain on calendar. (jp)
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Filing 535
NOTICE of Disputed Exhibits filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 534
Joint STIPULATION to Continue Trial Date filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 533
NOTICE to the Court of Unexpected Change in Circumstance Re: Trial Availability filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Notice to Court re: Trial Availability)(Dillard, David)
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Filing 532
(IN CHAMBERS) TEXT ONLY ORDER CONTINUING TRIAL AND SETTING DATE FOR PRETRIAL HEARING by Judge John A. Kronstadt: The Court, on its own motion, continues the trial from September 21, 2021, at 9:00 a.m. to October 12, 2021, at 9:00 a.m. The pretrial hearing with witness Brian Sowers (the "witness") is set for October 5, 2021, at 9:00 a.m. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. The witness shall appear while seated in a room with no one else present. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 531
STATEMENT - Joint Statement of the Parties Concerning Trial Dates and Hearing on Mr. Sowers filed by Counter Claimant Herman Miller, Inc. (Ciardullo, Jean-Paul)
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Filing 530
TRANSCRIPT ORDER as to Defendant Herman Miller, Inc. for Court Reporter. Court will contact Lian Saptoro at lsaptoro@foley.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 529
TRANSCRIPT ORDER as to Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact Stacy Goodwin at sgoodwin@lewisroca.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 528
MINUTES OF FINAL PRETRIAL CONFERENCE STATUS CONFERENCE RE EXHIBITS PLAINTIFFS MOTIONS IN LIMINE (DKT. #494 , #502 , #497 , #496 , #499 ) DEFENDANTS MOTIONS IN LIMINE (DKT. #510 , #501 , #505 ) DEFENDANTS DAUBERT MOTION TO STRIKE PLAINTIFF'S EXPERT SURVEYS (DKT. #486 ) before Judge John A. Kronstadt: The final pretrial conference, exhibit conference and motion hearing are held by video conference. The hearing is via Zoom Webinar. The Daubert Motion is DENIED. Blumenthals Renewed Motion in Limine No. 1 (Dkt. 494): The motion is DENIED. Blumenthal's Motion in Limine No. 4 and No. 5 (Dkt. 502, 497): The motions are GRANTED-IN-PART and DENIED-IN-PART. Blumenthal's Motion in Limine No. 6 (Dkt. 496): The motion is DENIED. Blumenthal's Motion in Limine No. 7 (Dkt. 499): The motion is DENIED. Herman Miller's Motion in Limine No. 7 (Dkt. 510): The motion is MOOT. Herman Miller's Motion in Limine No. 8 (Dkt. 501): The motion is DEFERRED. Herman Miller's Motion in Limine No. 9 (Dkt. 505): The motion is GRANTED-IN-PART, subject to further review. Court Reporter: Lisa Gonzalez (video). (See Civil Minutes for further specifics). (jp)
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Filing 527
SEALED DOCUMENT re Order on Motion for Leave to File Document Under Seal, #526 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit MMM to Declaration of David A. Dillard, #2 Exhibit NNN to Declaration of David A. Dillard, #3 Exhibit OOO to Declaration of David A. Dillard, #4 Exhibit PPP to Declaration of David A. Dillard, #5 Exhibit QQQ to Declaration of David A. Dillard)(Dillard, David)
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Filing 526
ORDER RE APPLICATION OF DEFENDANT BLUMENTHAL DISTRIBUTING, INC., TO FILE DOCUMENTS UNDER SEAL (MIL NO. 6) (DKT. #506 ) by Judge John A. Kronstadt, the Application is GRANTED-IN-PART. The following documents will be filed under seal. (See Order for further specifics). (jp)
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Filing 525
(IN CHAMBERS) ORDER CHANGING THE TIME FOR THE FINAL PRETRIAL CONFERENCE AND MOTION(S) IN LIMINE HEARINGS (DKT. #494 #496 #497 #499 #501 #502 #505 #510 ) by Judge John A. Kronstadt: On the Court's own motion, the TIME for the hearings are reset from 11:30 a.m. to 12:00 p.m. on September 13, 2021. The hearing will proceed by zoom webinar. Counsel are directed to refer to the Court's Procedures and Schedules page found on the website for the United States District Court for zoom webinar information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 524
(IN CHAMBERS) TEXT ONLY ORDER CONTINUING FINAL PRETRIAL CONFERENCE (DKT. #462 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Final Pretrial Conference (Dkt. #462 ) from September 9, 2021, at 11:30 a.m. to September 13, 2021, at 11:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 523
(IN CHAMBERS) TEXT ONLY ORDER CONTINUING FINAL PRETRIAL CONFERENCE (DKT. #462 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the Final Pretrial Conference (Dkt. #462 ) from September 7, 2021, at 8:30 a.m. to September 9, 2021, at 11:30 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ha) TEXT ONLY ENTRY
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Filing 522
MEMORANDUM in Opposition to MOTION IN LIMINE (#5) to Exclude Evidence Relating to Comparisons and Purported Copying of Non-Accused Chairs and Non-Aeron Chair Designs #497 , MOTION IN LIMINE (#4) to Exclude Evidence Relating to the First Aeron/Eames Trial and Appeal and Prior Proceedings Between the Parties #502 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Office Star Proposed Redacted Trial Exhibit 804, #3 Office Star Proposed Redacted Trial Exhibit 26)(Ciardullo, Jean-Paul)
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Filing 521
MEMORANDUM in Opposition to MOTION IN LIMINE (#6) to Limit Evidence of Secondary Meaning and Fame to Evidence Dated After the Introduction of the Accused Chairs #496 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 520
MEMORANDUM in Opposition to MOTION IN LIMINE (#8) to Preclude Office Star From Challenging Non-Functionality #501 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard, #2 Exhibit A to Declaration of David A. Dillard, #3 Exhibit B to Declaration of David A. Dillard)(Dillard, David)
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Filing 519
MEMORANDUM in Opposition to Renewed MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Defendants' Expert Basil Englis #494 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 518
MEMORANDUM in Opposition to MOTION IN LIMINE (#9) to Preclude Misrepresentation of Withdrawn Accused Chairs #505 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 517
MEMORANDUM in Opposition to MOTION IN LIMINE (#7) to Exclude Office Star Opinion of Counsel #510 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of Richard Blumenthal)(Dillard, David)
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Filing 516
MEMORANDUM in Opposition to MOTION IN LIMINE (#7) to Exclude Evidence Regarding Aeron Chair Design Patent #499 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 515
DECLARATION of Jean-Paul Ciardullo in Support of APPLICATION to file document under seal #506 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 514
Notice of Appearance or Withdrawal of Counsel: for attorney Tiffany Kim Sung counsel for Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. Adding Tiffany K. Sung as counsel of record for Herman Miller, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant/Cross Complainant Herman Miller, Inc.. (Attorney Tiffany Kim Sung added to party Herman Miller, Inc.(pty:dft), Attorney Tiffany Kim Sung added to party Herman Miller, Inc.(pty:cc))(Sung, Tiffany)
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Filing 513
Notice of Appearance or Withdrawal of Counsel: for attorney Ashley M. Koley counsel for Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. Adding Ashley M. Koley as counsel of record for Herman Miller, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant/Cross Complainant Herman Miller, Inc.. (Attorney Ashley M. Koley added to party Herman Miller, Inc.(pty:dft), Attorney Ashley M. Koley added to party Herman Miller, Inc.(pty:cc))(Koley, Ashley)
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Filing 512
PROPOSED SPECIAL JURY VERDICT filed by Defendant/Counterclaimant Herman Miller, Inc.. (Attachments: #1 Exhibit A - HM Proposed Verdict Form, #2 Exhibit B - OS Proposed Verdict Form)(Ciardullo, Jean-Paul)
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Filing 511
NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit 1 - Final Pretrial Conference Order, #2 Exhibit A to Final Pretrial Conference Order, #3 Exhibit B to Final Pretrial Conference Order)(Ciardullo, Jean-Paul)
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Filing 510
NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Office Star Opinion of Counsel filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit A to Ciardullo Decl., #3 Exhibit B to Ciardullo Decl., #4 Exhibit C to Ciardullo Decl., #5 Exhibit D to Ciardullo Decl., #6 Exhibit E to Ciardullo Decl., #7 Exhibit F to Ciardullo Decl., #8 Exhibit G to Ciardullo Decl., #9 Exhibit H to Ciardullo Decl., #10 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 509
EXHIBIT II - QQQ to MOTION IN LIMINE (#6) to Limit Evidence of Secondary Meaning and Fame to Evidence Dated After the Introduction of the Accused Chairs #496 to the Declaration of David A. Dillard #500 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit II-Article dated January 11, 2021, #2 Exhibit JJ-Article dated May 29, 2021, #3 Exhibit KK-Article dated June 22, 2021, #4 Exhibit LL-Article dated 2021, #5 Exhibit MM-Video dated June 17, 2021 (to be lodged), #6 Exhibit NN-Undated video for Herman Millers YouTube Campaign (to be lodged), #7 Exhibit OO-Undated video for Herman Millers YouTube Campaign (to be lodged), #8 Exhibit PP-Undated video for Herman Millers YouTube Campaign (to be lodged), #9 Exhibit QQ-Undated video for Herman Millers YouTube Campaign (to be lodged), #10 Exhibit RR--Undated video for Herman Millers YouTube Campaign (to be lodged), #11 Exhibit SS-Undated video for Herman Millers YouTube Campaign (to be lodged), #12 Exhibit TT-Undated video for Herman Millers YouTube Campaign (to be lodged), #13 Exhibit UU-Screenshot of YouTube videos, printed on July 6, 2021, #14 Exhibit VV-BIFMA Printout dated June 15, 2021, #15 Exhibit WW-Adjustment Guide dated May 30, 2017, #16 Exhibit XX-Aeron Chair Care and Maintenance brochure dated August 21, 2019, #17 Exhibit YY-Aeron brochure dated 2017, #18 Exhibit ZZ-Aeron Chairs brochure dated 2019, #19 Exhibit AAA-2021 brochure for MicrobeCare Antimicrobial Coating, #20 Exhibit BBB-Herman Miller Press Release, #21 Exhibit CCC-Advertisement dated 2017 for the Herman Miller Performance Seating, PostureFit, #22 Exhibit DDD-Advertisement dated 2017 for the Herman Miller Performance Seating, Balanced Recline, #23 Exhibit EEE-Advertisement dated 2017 for the Herman Miller Performance Seating, Dynamic Support, #24 Exhibit FFF-Herman Miller advertisement dated 2017, #25 Exhibit GGG-Herman Miller presentation dated June 18, 2021, #26 Exhibit HHH-New Aeron Dissassemblu information dated 2016, #27 Exhibit III-Herman Miller Environmental Product Declaration dated 2020, #28 Exhibit JJJ-erman Miller GSA Pricer dated June 2021, #29 Exhibit KKK-Herman Miller Pricer for the New Aeron Chairs dated June 2021, #30 Exhibit LLL-REDACTED-erman Miller Pageview Analytics for Aeron pageviews dated 2021, #31 Exhibit MMM-REDACTED-Herman Miller Pageview Analytics for Aeron years dated 2021, #32 Exhibit NNN-REDACTED-Herman Miller Pageview Analytics for Aeron pageviews dated 2021, #33 Exhibit OOO-REDACTED-email dated July 6, 2021 re Rekindle materials, #34 Exhibit PPP-REDACTED-Spreadsheet re Rekindle Paid Media Results dated July 2021, #35 Exhibit QQQ-REDACTED-Spreadsheet with Aeron Marketing Summary)(Dillard, David)
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Filing 508
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal #506 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Unredacted Document Exhibit LLL, #2 Unredacted Document Exhibit MMM, #3 Unredacted Document Exhibit NNN, #4 Unredacted Document Exhibit OOO, #5 Unredacted Document Exhibit PPP, #6 Unredacted Document Exhibit QQQ)(Dillard, David)
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Filing 507
JOINT Exhibit List filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 506
APPLICATION to file document under seal filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Redacted Document Exhibit LLL, #2 Redacted Document Exhibit MMM, #3 Redacted Document Exhibit NNN, #4 Redacted Document Exhibit OOO, #5 Redacted Document Exhibit PPP, #6 Redacted Document Exhibit QQQ, #7 Proposed Order)(Dillard, David)
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Filing 505
NOTICE OF MOTION AND MOTION IN LIMINE (#9) to Preclude Misrepresentation of Withdrawn Accused Chairs filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 504
NOTICE OF LODGING filed re Declaration (Motion related),,,,,,,,, #500 (Dillard, David)
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Filing 503
Proposed Voir Dire Questions filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc... (Dillard, David)
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Filing 502
NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Evidence Relating to the First Aeron/Eames Trial and Appeal and Prior Proceedings Between the Parties filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion-in-Limine No. 4, #2 Declaration of David A. Dillard, #3 Exhibit 2B, #4 Exhibit 3A, #5 Exhibit 9, #6 Exhibit 26, #7 Exhibit 503, #8 Exhibit 505, #9 Exhibit 650 (part 1), #10 Exhibit 650 (part 2), #11 Exhibit 650 (part 3), #12 Exhibit 679, #13 Exhibit 686, #14 Exhibit 764, #15 Exhibit 773, #16 Exhibit 773.1, #17 Exhibit 775, #18 Exhibit 779, #19 Exhibit 798, #20 Exhibit 801, #21 Exhibit 990, #22 Exhibit 1207, #23 Exhibit 1210, #24 Exhibit 1225, #25 Exhibit 1240, #26 Exhibit 1260, #27 Exhibit 1266 (part 1), #28 Exhibit 1266 (part 2), #29 Exhibit 1266 (part 3), #30 Exhibit 1266 (part 4), #31 Exhibit 1266 (part 5), #32 Exhibit 1266.1, #33 Exhibit 1307, #34 Exhibit 1310, #35 Exhibit 1311, #36 Exhibit 1312, #37 Exhibit 1313, #38 Exhibit 1314, #39 Exhibit 1327, #40 Exhibit 1330, #41 Exhibit 1331, #42 Exhibit 1340, #43 Exhibit 1341, #44 Exhibit 1349, #45 Exhibit A, #46 Exhibit B, #47 Exhibit C, #48 Proposed Order)(Dillard, David)
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Filing 501
NOTICE OF MOTION AND MOTION IN LIMINE (#8) to Preclude Office Star From Challenging Non-Functionality filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 500
DECLARATION of David A. Dillard in support of MOTION IN LIMINE (#6) to Limit Evidence of Secondary Meaning and Fame to Evidence Dated After the Introduction of the Accused Chairs #496 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit 983-Video clip produced by Herman Miller (to be lodged), #2 Exhibit 1001-Video clip produced by Herman Miller (to be lodged), #3 Exhibit 1002-Video clip produced by Herman Miller (to be lodged), #4 Exhibit 1336-Video clip produced by Herman Miller (to be lodged), #5 Exhibit 1076-Undated presentation-Aeron Chair brief,, #6 Exhibit 1333-Example of an Aeron hang tag, #7 Exhibit A-Article dated April 1, 2021, #8 Exhibit B-Article dated October 20, 2016, #9 Exhibit C-Article dated October 28, 2016, #10 Exhibit D-Undated photograph from a social media post, #11 Exhibit E-Screenshot from Twitter dated January 2015, #12 Exhibit F-Screenshot from Twitter dated October 8, 2020, #13 Exhibit G-Article dated November 1, 2008, #14 Exhibit H-post from Reddit dated March 2021, #15 Exhibit I-Article dated October 1, 2020, #16 Exhibit J-Article dated November 10, 2016, #17 Exhibit K-Los Angeles Times article dated April 5, 2019, #18 Exhibit L-Undated article produced by Herman Miller, #19 Exhibit M-Article dated March 8, 2021, #20 Exhibit N-Webpage printout from The Oppenheim Group dated 2021, #21 Exhibit O-Article dated March 5, 2018, #22 Exhibit P-Article dated September 22, 2020, #23 Exhibit Q-Article dated May 7, 2021, #24 Exhibit R-Article dated December 19, 2020, #25 Exhibit S-Article from Evening Standard, #26 Exhibit T-Article dated December 18, 2020, #27 Exhibit U-Article dated August 7, 2020, #28 Exhibit V-Article dated January 28, 2021 from Insider, #29 Exhibit W-Article dated December 8, 2020, #30 Exhibit X-Article dated May 13, 2021, #31 Exhibit Y-Article dated February 23, 2021, #32 Exhibit Z-Article dated September 8, 2020, #33 Exhibit AA-Undated article produced by Herman Miller, #34 Exhibit BB-Article dated June 15, 2021, #35 Exhibit CC-Article dated June 28, 2021, #36 Exhibit DD-Article dated April 10, 2020, #37 Exhibit EE-Article dated November 27, 2020, #38 Exhibit FF-Article dated April 27, 2021, #39 Exhibit GG-Article dated June 16, 2021, #40 Exhibit HH-Article dated May 21, 2021)(Dillard, David)
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Filing 499
NOTICE OF MOTION AND MOTION IN LIMINE (#7) to Exclude Evidence Regarding Aeron Chair Design Patent filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion-in-Limine No. 7, #2 Declaration of David A. Dillard, #3 Exhibit A, #4 Proposed Order)(Dillard, David)
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Filing 498
PROPOSED JURY INSTRUCTIONS filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 497
NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Evidence Relating to Comparisons and Purported Copying of Non-Accused Chairs and Non-Aeron Chair Designs filed by Plaintiff/Counterclaim Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion-in-Limine No. 5, #2 Declaration of David A. Dillard, #3 Exhibit 29, #4 Exhibit 1175, #5 Exhibit 1208, #6 Exhibit 1227, #7 Exhibit 1261, #8 Proposed Order)(Dillard, David)
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Filing 496
NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Limit Evidence of Secondary Meaning and Fame to Evidence Dated After the Introduction of the Accused Chairs filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum in Support of Motion-in-Limine No. 6, #2 Proposed Order Granting Motion-in-Limine No. 6)(Dillard, David)
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Filing 495
Witness List filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 494
NOTICE OF MOTION AND Renewed MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Defendants' Expert Basil Englis filed by Plaintiff/Counterclaim Defendant Blumenthal Distributing, Inc.. Motion set for hearing on 9/7/2021 at 08:30 AM before Judge John A. Kronstadt.(Dillard, David)
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Filing 493
STATEMENT Agreed Joint Statement of the Case for Voir Dire (Ciardullo, Jean-Paul)
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Filing 492
Proposed Voir Dire Questions filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 491
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 490
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff and Counterclaim Defendant Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 489
REPLY in Support of NOTICE OF MOTION AND MOTION to Exclude Expert Surveys of Brian Sowers in view of Daubert Standard #486 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 488
OPPOSITION re: NOTICE OF MOTION AND MOTION to Exclude Expert Surveys of Brian Sowers in view of Daubert Standard #486 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of Brian M. Sowers)(Dillard, David)
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Filing 487
(IN CHAMBERS) TEXT-ONLY ORDER RE JOINT STATEMENT AND MOTION TO EXCLUDE (DKTS. #485 , #486 ) by Judge John A. Kronstadt: Plaintiff-Counterdefendant Office Star shall file any opposition to the Motion to Exclude (Dkt. #486 ) on or before July 14, 2021. No reply is required. The Motion will be taken under submission upon the filing of any opposition; provided, however, that a hearing may be set based on a review of the briefing. The parties' proposed schedule as to jury instructions is adopted. As to Office Star's request to file summary judgment motions, in light of the prior procedural history of this matter and the current trial schedule, motions for summary judgment will not be entertained. Such issues can be appropriately presented during the course of trial. See Fed. R. Civ. P. 50. To facilitate efficient review of any such issues, the parties shall meet and confer and, as part of the required filings for the FPTC, shall file their respective positions as to any such motion Office Star contemplates, not to exceed three pages each. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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Filing 486
NOTICE OF MOTION AND MOTION to Exclude Expert Surveys of Brian Sowers in view of Daubert Standard filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jonathan E. Moskin, #2 Exhibit 1, #3 Exhibit 2, #4 Declaration of Basil Englis, Ph.D., #5 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 485
STATEMENT - Joint Statement per Order at Dkt. 483 (Ciardullo, Jean-Paul)
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Filing 484
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. Court and counsel for Plaintiff confer regarding the status of settlement discussions. Counsel waives the recording of this session. (dfi)
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Filing 483
ORDER RE EX PARTE MOTION TO STRIKE BLUMENTHAL DISTRIBUTING, INC'S NEW EXPERT WITNESS SURVEYS (DKT. #479 ) by Judge John A. Kronstadt: The Motion is DENIED-IN-PART, i.e., as to the request to strike the report and surveys of Brian Sowers. Further, the Motion is GRANTED-IN-PART as to Herman Miller's request for leave to present a rebuttal expert report(s) in response to the report and opinions of Sowers. On or before June 28, 2021, the parties shall file a joint report with their respective and/or collective views as to when the trial of this matter can be scheduled in light of the time that will be necessary to complete the remaining pretrial processes, including those contemplated as a result of this Order. (See Civil Minutes for further specifics). (jp)
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Filing 482
REPLY in Support of EX PARTE APPLICATION to Strike Blumenthal Distributing, Inc.'s Two New Expert Surveys #479 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 481
Opposition re: EX PARTE APPLICATION to Strike Blumenthal Distributing, Inc.'s Two New Expert Surveys #479 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Dillard, David)
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Filing 480
Notice of Appearance or Withdrawal of Counsel: for attorney Kyle W Kellar counsel for Counter Defendant Blumenthal Distributing, Inc.. Adding Kyle W. Kellar as counsel of record for Blumenthal Distributing, Inc. d/b/a Office Star for the reason indicated in the G-123 Notice. Filed by Counterclaim-Defendant Blumenthal Distributing, Inc. d/b/a Office Star. (Attorney Kyle W Kellar added to party Blumenthal Distributing, Inc.(pty:cd))(Kellar, Kyle)
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Filing 479
EX PARTE APPLICATION to Strike Blumenthal Distributing, Inc.'s Two New Expert Surveys filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Memorandum Underlying Motion to Strike, #2 Declaration of Jean-Paul Ciardullo, including L.R. 7-19 Attestation, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 478
Notice of Appearance or Withdrawal of Counsel: for attorney Kyle W Kellar counsel for Plaintiff Blumenthal Distributing, Inc.. Adding Kyle W. Kellar as counsel of record for Blumenthal Distributing, Inc. d/b/a Office Star for the reason indicated in the G-123 Notice. Filed by Plaintiff Blumenthal Distributing, Inc. d/b/a Office Star. (Attorney Kyle W Kellar added to party Blumenthal Distributing, Inc.(pty:pla))(Kellar, Kyle)
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Filing 477
STATEMENT Agreed Discovery Schedule filed by Counter Claimant Herman Miller, Inc. (Joint Statement of the Parties) (Ciardullo, Jean-Paul)
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Filing 476
ORDER RE SCOPE OF REMANDED PROCEEDINGS (DKTS. 471, 472) by Judge John A. Kronstadt. Based on a review of the parties' briefs regarding the scope of the new trial on remand (Dkts. 471, 472, 473, 474), it is hereby ORDERED that. See order for details. (lom)
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Filing 475
Joint REQUEST for Leave to file Proposed Orders filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order by Herman Miller, #2 Proposed Order by Blumenthal Distributing) (Ciardullo, Jean-Paul)
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Filing 474
BRIEF filed by Counterclaimant Herman Miller, Inc.. regarding Brief (non-motion non-appeal) #472 , Brief (non-motion non-appeal), #471 . (Ciardullo, Jean-Paul)
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Filing 473
BRIEF filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. Responsive re Scope of New Trial (Dillard, David)
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Filing 472
BRIEF filed by Counterclaimant Herman Miller, Inc.. Concerning Scope of Remanded Proceedings (Ciardullo, Jean-Paul)
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Filing 471
BRIEF filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. regarding Text Only Scheduling Notice,,, 467 . (Attachments: #1 Declaration of David A. Dillard, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Dillard, David)
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Filing 470
STATUS REPORT (Joint Status Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 469
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. Court and counsel for Plaintiff confer regarding ongoing settlement discussions. Counsel waives the recording of this session. (dfi)
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Filing 468
MINUTES OF SETTLEMENT CONFERENCE - SECOND SESSION held before Magistrate Judge Louise A. LaMothe. The Court conducts a second settlement conference session as scheduled. After discussion among the parties, including separate caucuses, no settlement is reached. The parties have agreed to a third settlement conference session to be confirmed following the District Judges current briefing schedule and determination made on the scope of the trial in this matter. The parties are to each provide Judge LaMothe with a copy of their opening briefs and opposition briefs via email. Court Recorder: Zoom 3/15/21. (dfi)
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Filing 467
(IN CHAMBERS) TEXT-ONLY ORDER RE JOINT STATEMENT AND STIPULATED BRIEFING SCHEDULE by Judge John A. Kronstadt: Based on a review of the Joint Statement and Stipulated Briefing Schedule ("Joint Statement" (Dkt. 466)), the briefing schedule proposed by the parties is APPROVED. The parties shall file simultaneous opening briefs, limited to 15 pages, on the identified issues on or before March 22, 2021. The parties shall file simultaneous opposition briefs, limited to 10 pages, on or before March 29, 2021. No reply briefs are necessary. The parties are directed to comply with the Standing Order dated March 25, 2019. On or before March 18, 2021, the parties shall also file an update on the procedural status of the settlement discussions with Judge Lamothe following the conclusion of the session on March 15, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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Filing 466
Joint STIPULATION for Leave to Conduct Briefing filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 465
(IN CHAMBERS) ORDER RE: CONFIRMATION OF CONTINUANCE OF SETTLEMENT CONFERENCE, SESSION TWO by Magistrate Judge Louise A. LaMothe. The second settlement conference session is confirmed for Monday, March 15, 2021, via Zoom from 10:00 a.m. to 1:00 p.m. PST. The parties are to jointly draft a Settlement Agreement on or before Friday, March 5, 2021, and provide a copy to LAL_Chambers@cacd.uscourts.gov (dfi)
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Filing 464
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. Upon the agreement of counsel and the Court, the second settlement conference session is continued *tentatively* to Friday, March 12, 2021, from 12:00 p.m. to 3:00 p.m. PST via Zoom before Magistrate Judge Louise A. LaMothe. A backup date/time is reserved for Monday, March 15, 2021, at 10:00 a.m. to 1:00 p.m. PST. The parties are to jointly draft a Settlement Agreement on or before Friday, March 5, 2021, and provide a copy to LAL_Chambers@cacd.uscourts.gov Court Recorder: AT&T 02/26/21. (dfi)
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Filing 463
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. Court and counsel for Defendant confer regarding ongoing settlement discussions. Counsel waives the recording of this session. (dfi)
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Filing 461
MINUTES OF TELEPHONIC CONFERENCE held with Magistrate Judge Louise A. LaMothe. Court and counsel for Plaintiff confer regarding ongoing settlement discussions. Counsel waives the recording of this session. (dfi)
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Filing 460
MINUTES OF PRE-SETTLEMENT CONFERENCE TELEPHONE CALL held with Magistrate Judge Louise A. LaMothe. The parties discuss the status of settlement discussions with the Court. Upon the agreement of counsel and the Court, the second settlement conference session is confirmed for Friday, February 26, 2021, from 9:00 a.m. to 12:00 p.m. PST. Court Recorder: AT&T 02/23/2021. (dfi)
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Filing 462
TELEPHONIC STATUS AND TRIAL SETTING CONFERENCE (DKT. #457 ) before Judge John A. Kronstadt: The status conference is held telephonically. The Court confers with counsel regarding the status of the action and pretrial and trial dates. The following dates are set: Final Pretrial Conference set for 9/7/2021 at 8:30 AM. Jury Trial set for 9/21/2021 at 9:00 AM. Counsel agree to meet and confer and then, on or before 3/5/2021, file a stipulation and proposed order that includes a proposed briefing schedule as to the issues whose resolution they propose prior to trial. Court Reporter: Lisa Gonzalez. (jp)
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Filing 459
(IN CHAMBERS) ORDER RE: PREPARATION FOR SETTLEMENT CONFERENCE, SESSION TWO, by Magistrate Judge Louise A. LaMothe. A second settlement conference session is set for Friday, February 26, 2021, before Magistrate Judge Louise LaMothe via Zoom from 9:00 a.m. to 12:00 p.m. In preparation, there is a brief telephone call for attorneys only set for Tuesday, February 23, 2021, at 9:00 a.m. SEE attached for bridge line information. (dfi) (Main Document 459 replaced on 2/22/2021) (dfi). Modified on 2/22/2021 (dfi).
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Filing 458
(IN CHAMBERS) ORDER CHANGING THE TIME FOR STATUS AND TRIAL SETTING CONFERENCE HEARING by Judge John A. Kronstadt: On the Court's own motion, the TIME for the status and trial setting conference hearing is reset from 10:30 a.m. to 8:30 a.m. on February 22, 2021.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 457
STATUS REPORT Joint Statement of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 456
MINUTES OF SETTLEMENT CONFERENCE held before Magistrate Judge Louise A. LaMothe. The Court conducts a settlement conference as scheduled. After discussion among the parties, including separate caucuses, no settlement is reached. A second settlement conference has been tentatively scheduled for Friday, February 26, 2021, from 9:00 a.m. to 12:00 noon. The parties are to confirm this schedule following the further status conference in this matter on February 22, 2021. Court Recorder: Zoom 02/11/21. (dfi)
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Filing 455
MINUTES OF PRE-SETTLEMENT CONFERENCE TELEPHONE CALL held with Magistrate Judge Louise A. LaMothe. The settlement conference will take place via Zoom on Thursday, February 11, 2021, from 8:00 a.m. to 1:30 p.m. PST with a 30-minute break at 10:00 a.m. PST. The parties shall exchange settlement statements and lodge a copy with the courtroom deputy clerk via email on or before Thursday, February 4, 2021. Chair representative samples and any exhibits exceeding ten pages (three-hole-punched) are to be sent to Judge LaMothe at the U.S. Bankruptcy Court in Santa Barbara. SEE attached for additional detail and instructions. Court Recorder: AT&T 01/14/21. (dfi)
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Filing 454
(IN CHAMBERS) ORDER RE: PREPARATION FOR SETTLEMENT CONFERENCE by Magistrate Judge Louise A. LaMothe. A settlement conference is set for Thursday, February 11, 2021, via Zoom from 8:00 a.m. to 1:30 p.m. PST with a 30-minute break at 10:00 a.m PST. In preparation for the settlement conference, there is a telephone call for attorneys only set for Thursday, January 14, 2021, at 10:00 a.m. PST. SEE attached for additional details and instructions. (dfi)
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Filing 453
(IN CHAMBERS) TEXT-ONLY ORDER RE JOINT REQUEST TO CONTINUE UPCOMING DEADLINES (DKT. #452 ) by Judge John A. Kronstadt: Based on a review of the Joint Request (Dkt. #452 ), sufficient good cause has been shown for the requested relief. Therefore, the Request is GRANTED. The Further Status Conference (Dkt. #451 ) is continued to February 22, 2021, and the deadline to submit a joint report is extended to February 16, 2021. The time to complete the Settlement Conference is extended to February 11, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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Filing 452
Joint REQUEST to Continue Upcoming Deadlines Re: Status Conference - optional html form,,,,, Set/Reset Deadlines/Hearings,,,, #451 filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 451
MINUTES OF TELEPHONIC STATUS CONFERENCE AND TRIAL SETTING CONFERENCE (DKTS. 449, 450) held before Judge John A. Kronstadt. The Court grants the parties' request to participate in a settlement conference with a magistrate judge. The Court will select that judge, and counsel will be notified about the selection by a Courtroom Deputy Clerk. The Court anticipates that the conference will be conducted by January 29, 2021. The parties shall notify the Court of the procedural outcome of the settlement conference. The Court defers rulings on the scope of any additional discovery, whether new motions for summary judgment would be appropriate, and related case management issues raised by the parties in their most recent status report. It will be more efficient to address these issues in context following the settlement conference and further meet and confer sessions by counsel. The Court sets a further status conference for February 8, 2021, at 10:30 a.m. Based on the outcome of the settlement conference, and any ongoing discussions, the parties may request that the status conference be continued. See minutes for details. Court Reporter: Lisa Gonzalez. (lom)
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Filing 450
STATUS REPORT of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 449
STATUS REPORT (Joint Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 448
TELEPHONIC STATUS CONFERENCE (DKT. 446) before Judge John A. Kronstadt: The status conference is held telephonically. The parties are ordered to file a joint report by noon, 12/18/2020, regarding the procedural status of the settlement efforts, without disclosing any substantive contents. The parties shall file a joint report with any updates on the settlement process, or issues that should be addressed if the matter will proceed to trial by 12/30/2020. The parties shall not disclose the substantive contents of any settlement communications. A further Status Conference is set for 1/4/2021 at 10:30 AM; provided, it may be taken off calendar based on the contents of the joint reports. Court Reporter: Lisa Gonzalez. (jp)
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Filing 447
(IN CHAMBERS) ORDER CONTINUING TELEPHONIC STATUS AND TRIAL SETTING CONFERENCE by Judge John A. Kronstadt: The Court on its own motion, continues the hearing from December 7, 2020, to December 9, 2020 at 9:30 a.m. In light of the current limitations in place during the COVID-19 pandemic, counsel are advised that the hearing set for Wednesday, December 9, 2020 will proceed by telephone only. No in-person appearances will be allowed.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (tj) TEXT ONLY ENTRY
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Filing 446
STATUS REPORT of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 445
(IN CHAMBERS) TEXT-ONLY ORDER CONTINUING TELEPHONIC STATUS CONFERENCE (DKT. 443 ) by Judge John A. Kronstadt: Based on a review of the parties Joint Statement (Dkt. ( #444 ), the telephonic status conference set for November 23, 2020 is continued to December 7, 2020 at 10:00 a.m. On or before noon on December 3, 2020, the parties shall file an updated Joint Report as to the procedural status of their settlement discussions. If the parties have reached an agreement, the Joint Report shall include a proposed date by which the matter will be dismissed. If they have not reached an agreement, at the December 7 status conference the scheduling and other issues raised in the Joint Report will be discussed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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Filing 444
STATUS REPORT of Both Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 443
IN CHAMBERS) ORDER ADVANCING TELEPHONIC STATUS AND TRIAL SETTING CONFERENCE (Dkt. #440 ) by Judge John A. Kronstadt. On the Court's own motion, the TIME for the Telephonic Status and Trial Setting Conference currently set for November 23, 2020 is advanced to 9:30 a.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv)
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Filing 442
STATUS REPORT - Joint Report of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 441
STATUS REPORT (Joint Report of the Parties) filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 440
MINUTES OF TELEPHONIC STATUS CONFERENCE (DKT. #438 ) Status Conference held before Judge John A. Kronstadt. Court and counsel confer about a trial date of February 16, 2021 or March 2, 2021. The parties are to meet with their respective clients and then submit no later than September 23, 2020, a joint status report stating their preferred trial date, their proposed settlement procedure, and their availability for a telephonic status conference on November 23, 2020. Counsel state that they will be available at that time. A telephonic status and trial setting conference is set for November 23, 2020, at 11 :00 a.m. Court Reporter: Lisa Gonzalez. (lom)
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Filing 439
ORDER RE JOINT STATEMENT (DKT. #438 ) by Judge John A. Kronstadt. Based on a review of the parties' Joint Statement (Dkt. #438 ), in which the collaborative, professional efforts of counsel are apparent and appreciated, the September 14, 2020 status conference will proceed telephonically as requested. A further telephonic status conference is scheduled for November 23, 2020 at 11:00 a.m. On or before November 9, 2020, the parties shall file an updated joint report on the procedural status of any ongoing settlement efforts, or if those efforts have concluded without an agreement, a joint proposed schedule for any remaining pre-trial matters, a final pretrial conference and trial. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pm) TEXT ONLY ENTRY
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Filing 438
STATUS REPORT - Joint Status Report of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 437
Notice of Appearance or Withdrawal of Counsel: for attorney Eoin P Connolly counsel for Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. Eoin P. Connolly is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendant Herman Miller, Inc.. (Connolly, Eoin)
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Filing 436
[IN CHAMBERS] by Judge John A. Kronstadt: 9th Circuit remand for new trial. (Case reopened. MD JS-5.) (et)
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Filing 435
(IN CHAMBERS) ORDER RE 9TH CIRCUIT COURT OF APPEALS OPINION, MEMORANDUM AND MANDATE (DKT. #432 #433 #434 ) by Judge John A. Kronstadt: On August 12, 2020, the Ninth Circuit issued its Mandate as to the appeal in this action. (Dkt. #434 .) The Ninth Circuit affirmed in part, reversed in part, and remanded for a new trial. A Status Conference is set for September 14, 2020 at 11:30 a.m. Counsel shall confer and file a Joint Statement by September 4, 2020 with their collective and/or respective views on what steps, if any, must be taken prior to any new trial, and a proposed schedule. The Joint Statement shall also address whether any further settlement discussions are contemplated, and if so, when they would likely proceed, and by what means. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cw) TEXT ONLY ENTRY
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Filing 434
MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, #423 , Notice of Appeal to 9th Circuit Court of Appeals, #421 , USCA Memorandum/Opinion/Order, #432 , USCA Memorandum/Opinion/Order, #433 , CCA # 18-56471, 18-56493. The judgment of this Court, entered June 25, 2020, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (car)
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Filing 433
MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #423 filed by Herman Miller, Inc., Notice of Appeal to 9th Circuit Court of Appeals #421 filed by Blumenthal Distributing, Inc. CCA # 18-56471, 18-56493. The decision of the District court is AFFIRMED in part, REVERSED in part and REMANDED. (jp)
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Filing 432
OPINION from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals #423 filed by Herman Miller, Inc., Notice of Appeal to 9th Circuit Court of Appeals #421 filed by Blumenthal Distributing, Inc. CCA # 18-56471 and 18-56493. The decision of the District Court is AFFIRMED in part, REVERSED in part and REMANDED. (jp)
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Filing 431
Notice of Appearance or Withdrawal of Counsel: for attorney Michael A Koplow counsel for Plaintiff Blumenthal Distributing, Inc.. Filed by Plaintiff Blumenthal Distributing, Inc.. (Attorney Michael A Koplow added to party Blumenthal Distributing, Inc.(pty:pla))(Koplow, Michael)
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Filing 430
NOTICE OF FILING TRANSCRIPT filed for proceedings 10/7/16, 10:30 AM re Transcript #429 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Joko, Alexander) TEXT ONLY ENTRY
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Filing 429
TRANSCRIPT for proceedings held on 10/7/16, 10:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/7/2019. Redacted Transcript Deadline set for 1/16/2019. Release of Transcript Restriction set for 3/18/2019. (Joko, Alexander)
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Filing 428
TRANSCRIPT for proceedings held on 10/6/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019. (Joko, Alexander)
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Filing 427
TRANSCRIPT for proceedings held on 5/1/17, 11:00 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 1/4/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/14/2019. (Joko, Alexander)
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Filing 426
DESIGNATION of Record on Appeal by Plaintiff Blumenthal Distributing, Inc. re #421 (Dillard, David)
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Filing 425
Notice re Payment of Damages Award filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. (Dillard, David)
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Filing 424
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56471 x 18-56493 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #423 , Notice of Appeal to 9th Circuit Court of Appeals, #421 as to Plaintiff/Counterdefendant x Defendant Blumenthal Distributing, Inc., Herman Miller, Inc.. (bp)
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Filing 423
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendant Herman Miller, Inc.. Appeal of Judgment #420 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22704421.) (Attachments: #1 Exhibit Final Judgment, #2 Exhibit Representation Statement)(Ciardullo, Jean-Paul)
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Filing 422
NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 18-56471 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #421 as to Plaintiff/Counterdefendant Blumenthal Distributing, Inc.. (bp)
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Filing 421
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc.. Appeal of Judgment #420 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-22675070.) (Attachments: #1 Exhibit A - Final Judgment and Permanent Injunction, #2 Exhibit B - Representation Statement)(Dillard, David)
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Filing 420
FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge John A. Kronstadt. (SEE FINAL JUDGMENT FOR SPECIFICS) (bp)
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Filing 419
Joint STIPULATION for Judgment as to the Case filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Form of Final Judgment)(Ciardullo, Jean-Paul)
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Filing 418
ORDER ACCEPTING FINDINGS AND RECOMMENDATION OF UNITES STATES MAGISTRATE JUDGE ON AMOUNT OF ATTORNEYS' FEES AND COSTS TO BE AWARDED AS SANCTIONS (DKT.410) by Judge John A. Kronstadt. IT IS THEREFORE ORDERED that Office Star is ordered to pay monetary sanctions to defendant and counter-claim plaintiff Herman Miller, Inc. ("Herman Miller") in the total amount of $264,436.26, consisting of $262,895.30 in fees and $1,541.96 in costs. The fees and costs are those the court ordered that Herman Miller be awarded in its September 2, 2016 Order, with the amount to be determined, as they now have been. (bp)
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Filing 417
ORDER ON STIPULATION TO LIFT STAY (DKT. 416) by Judge John A. Kronstadt. The Court hereby ORDERS that the Stay is lifted and the case status is reverted to active. Within ten (10) days of the Court's ruling on Office star's pending Rule 72 Objections (Dkt. 412 and 413) to the Magistrate Judge's Report & Recommendations at Dkt. 410, the parties shall lodge an amended proposed form of Final Judgment consistent with the terms of the Stipulation. (bp)
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Filing 416
Joint STIPULATION to Lift Stay to Allow the Case to Proceed to Final Judgment filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 415
JOINT STIPULATION TO STAY ENDING SETTLEMENT CONFERENCE IN CASE NO. 2:17-cv-04279-JAK-SP JS-6: Stayed/Inactive Calendar by Judge John A. Kronstadt, re Joint REQUEST to Stay Case pending Settlement Conference in Parallel Case No. 2:17-cv-04279 JAK-SP #414 . The Court GRANTS the Request. All further proceedings in this case are hereby stayed pending a final status report on the outcome of the Settlement Conference in Case No. 2:17-cv-04279 JAK-SP., (Made JS-6. Case Terminated.) (bp)
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Filing 414
Joint REQUEST to Stay Case pending Settlement Conference in Parallel Case No. 2:17-cv-04279 JAK-SP filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 413
REPLY TO OBJECTION to Report and Recommendation (Issued) #410 filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 412
OBJECTION to Report and Recommendation (Issued) #410 filed by Plaintiff and Counterclaim-Defendant Blumenthal Distributing, Inc..(Dillard, David)
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Filing 411
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Sheri Pym Objections to R&R due by 3/12/2018 (kca)
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Filing 410
REPORT AND RECOMMENDATION issued by Magistrate Judge Sheri Pym. (kca)
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Filing 409
ORDER RE JOINT STIPULATION ON COSTS AND MOTIONS FOR ENHANCED DAMAGES AND FEES (DKT. #406 ) by Judge John A. Kronstadt: The Joint Stipulation is GRANTED. All deadlines pertaining to costs under Fed. R. Civ. P. 54, as well as any post-trial motions concerning enhanced damages or attorneys' fees, are hereby held in abeyance until thirty (30) days after final resolution of all appeals in the matter, or until thirty (30) days after the deadline for either party to file an appeal, if no appeals are taken. (ah)
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Filing 408
(IN CHAMBERS) ORDER REFERRING MOTION AND APPLICATION RE REASONABLE FEES AND COSTS TO MAGISTRATE JUDGE SHERI PYM (DKT. #274 ) by Judge John A. Kronstadt: On July 12, 2016, Magistrate Judge Pym prepared a Report and Recommendation ("R&R" Dkt. #216 regarding Herman Miller, Inc.'s Motion for Default Judgment or Sanctions in the Alternative (Dkt. #204 ) (the "Motion") and Application to Enforce Prior Orders (Dkt. #102 ) (the "Application"). The R&R recommended denying the request for default, but granting, inter alia, monetary sanctions to be determined based on evidence as to the reasonable amount of attorney's fees and costs associated with certain actions that Defendant was required to undertake in response to the actions of Plaintiff. Dkt. #216 at 55-57. The Court accepted the R&R in part, including as to the award of monetary sanctions in the form of reasonable attorney's fees and costs incurred in connection with certain filings and actions by Defendant. Dkt. #274 at 2. That Order also directed the parties to file supplemental briefing and evidentiary materials with respect to the amount of such an award. Id. The parties made such filings. Dkt. #295 , #350 , #352 . In light of the foregoing procedural history, including Judge Pym's preparation of the R&R discussed above, the Court refers the matter to Judge Pym for the preparation of a separate Report and Recommendation as to the amount of attorney's fees and costs that should be awarded pursuant to the aforementioned orders. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 407
(IN CHAMBERS) ORDER VACATING FINAL JUDGMENT (DKT. #404 ) by Judge John A. Kronstadt. In light of the pending Motion for Default Judgment or Sanctions (Dkt. 204) (the "Motion"), filed by Herman Miller, Inc., the Court vacates the Final Judgment. Dkt. #216 , #274 . The Final Judgment will be entered upon a ruling on the Motion. The Court directs the Clerk to reopen the case.(Made JS-5, Case reopened) (pso)
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Filing 406
Joint STIPULATION to Continue POST-JUDGMENT PROCEEDINGS CONCERNING COSTS AND ENHANCED DAMAGES/FEES filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 405
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: #1 Judgment) (bp)
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Filing 404
[VACATED PER DKT. #407 ] FINAL JUDGMENT AND PERMANENT INJUNCTION by Judge John A. Kronstadt. Judgment is entered against Herman Miller and in favor of Office Star as to the unprotectability of the asserted registered and unregistered Aeron chair trade dresses, except that the Court is without subject matter to enter judgment as to the Posture Fit versio of the Aeron chair trade dress. Judgment is entered against Herman Miller and in favor of the Office Star as to the validity of U.S. Trademark Registered No. 2,754,826. The Jury's Verdict as to lack of secondary meaning is vacated, and judgment is entered in Herman Miller's favor as to secondary meaning. (MD JS-6, Case Terminated). (SEE JUDGMENT FOR FURTHER SPECIFICS) (bp) Modified on 9/11/2017 (pso).
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Filing 403
NOTICE - Response to Office Star Objections to Proposed Form of Judgment, Attaching Revised Proposed Form of Judgment filed by Counterclaimants Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 402
MINUTE ORDER IN CHAMBERS ORDER RE HERMAN MILLER, INC.'S REQUEST FOR RIGHT TO FILE RESPONSE TO OFFICE STAR'S OBJECTIONS (DKT. 398) by Judge John A. Kronstadt: Herman Miller, Inc.'s request to submit a brief response to Office Star's objections is GRANTED. Herman Miller, Inc., shall file a response, not to exceed three pages, on or before August 25, 2017. (bp)
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Filing 401
OBJECTIONS to Herman Miller's Proposed Form of Judgment and Permanent Injunction filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 400
(IN CHAMBERS) ORDER RE RETURN OF TRIAL EXHIBITS by Judge John A Kronstadt: Counsel for Herman Miller, Inc. contacted the Clerk on August 18, 2017 to make arrangements to pick up the exhibit binders. The exhibit binders were picked up on August 21, 2017. Therefore, all remaining exhibits have been returned to counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pso) TEXT ONLY ENTRY
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Filing 399
(IN CHAMBERS) ORDER RE TRIAL EXHIBITS by Judge John A Kronstadt: Before the Court are several binders of joint trial exhibits. Counsel are directed to contact the Clerk no later than August 25, 2017 to arrange a date and time to pick up any trial exhibits. If arrangements are not made by August 25, 2017 the documents will be destroyed. Counsel may contact Paul Songco, Relief Courtroom Deputy Clerk, at 213-894-2877 to arrange a date and time to pick up the exhibits. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pso) TEXT ONLY ENTRY
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Filing 398
NOTICE of Herman Miller's Proposed Final Judgment; Request for Leave to Respond to Forthcoming Objections filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 397
NOTICE of ACCEPTANCE OF REMITTITUR filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 396
(IN CHAMBERS) ORDER RE PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NOTICE OF REGISTRATION (Dkt. #353 ; PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NO. 1 INVALIDITY OF ASSERTED EAMES TRADE DRESSES (Dkt. #374 ); PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NO. 2 INFRINGEMENT, DILUTION AND WILLFULNESS (Dkt. #375 ); PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NO. 3 DAMAGES (Dkt. #376 ); DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF FED.R.CIV.P. 50(a) (Dkt. #332 ); DEFENDANT'S MOTION FOR PERMANENT INJUNCTION WITH RESPECT TO THE EAMES TRADE DRESS (Dkt. #379 ); DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF TRADE DRESS VALIDITY, AND A NEW TRIAL ON INFRINGEMENT (Dkt. #380 ) by Judge John A. Kronstadt: Office Star's Motion for Judgment as a Matter of Law as to damages is GRANTED IN PART, as to remittitur for dilution damages, and DENIED IN PART as to all other requests. Office Star's remaining Motions for Judgment as a Matter of Law are DENIED. Herman Miller's Motion for Judgment as a Matter of Law is GRANTED IN PART. Herman Miller's Motion for Judgment and Permanent Injunction is GRANTED IN PART. On or before August 8, 2017, Herman Miller shall file a statement as to whether it will accept the remitter or request a new trial as to dilution damages. On or before August 15, 2017, counsel shall meet and confer to seek to reach an agreement on a proposed judgment for entry in this matter. (ah)
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Filing 395
NOTICE OF LODGING filed Attaching Trial Exhibits Described In Post-Trial Briefing But Not Previously E-filed re NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Trade Dress Validity, and a New Trial on Infringement #380 , MEMORANDUM in Opposition to Motion,,,,,, #384 (Attachments: #1 Exhibit 1222, #2 Exhibit 1266.1, #3 Exhibit 1266.2, #4 Exhibit 1313)(Ciardullo, Jean-Paul)
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Filing 394
MINUTES OF PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OFLAW ON THE BASIS OF NO. 1 INVALIDITY OF ASSERTED EAMESTRADE DRESSES #374 ; PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NO. 2 INFRINGEMENT, DILUTION AND WILLFULNESS #375 ; PLAINTIFF'S RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF NO. 3 DAMAGES #376 ; DEFENDANT'S MOTION FOR PERMANENT INJUNCTION WITH RESPECT TO THE EAMES TRADE DRESS #379 ; and DEFENDANT'S MOTION FOR JUDGMENT AS A MATTER OF LAW ON THE BASIS OF TRADE DRESS VALIDITY, AND A NEW TRIAL ONINFRINGEMENT #380 held before Judge John A. Kronstadt: The motion hearing is held. Counsel address the issues raised by the Court with respect to Plaintiff's Motions for Judgment as a Matter of Law (the "Plaintiff's Motions"), and Defendant's Motion for Permanent Injunction and Motion for Judgment as a Matter of Law (the "Defendant's Motions"). Counsel address the Court. The Court takes Plaintiff's Motions and Defendant's Motions UNDER SUBMISSION and will issue a written ruling. Court Reporter: Alex Joko. (pso)
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Filing 393
ORDER RE HERMAN MILLER, INC.'s REQUEST FOR LEAVE TO FILE SUR-REPLY TO ADDRESS CERTAIN FALSE AND IMPROPER STATEMENTS IN OFFICE STAR'S REPLY BRIEF (DKT. #386 ) by Judge John A. Kronstadt: The requested leave is hereby DENIED. The Sur-Reply and Response will not be considered in the determination of the parties' respective post-trial motions. (ah)
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Filing 392
OPPOSITION re: REQUEST for Leave to file the enclosed Sur-Reply to Address Certain False Statements in Office Star's Reply at Dkt. 386 #391 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order Granting Leave to File Response to Sur-Reply #391 )(Dillard, David)
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Filing 391
REQUEST for Leave to file the enclosed Sur-Reply to Address Certain False Statements in Office Star's Reply at Dkt. 386 filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 390
(IN CHAMBERS) ORDER CONTINUING POST TRIAL MOTIONS (DKT. #374 , #375 , #376 , #379 , #380 ) by Judge John A. Kronstadt: The Court, on its own motion, continues the hearing on the Motions from April 17, 2017 to May 1, 2017 at 11:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 389
ORDER by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Court's Case Management Order: NOTICE OF MOTION AND MOTION for Leave to file a Sur-Reply to Address Certain False Statements in Office Star's Reply at Dkt. 386 #388 , for the following reasons: Motions are set for hearing and briefed pursuant to L.R. 6-1. The appropriate manner in which to seek leave to file a sur-reply is by filing a request or application with a proposed order. (pso)
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Filing 388
****STRICKEN**** REFER TO DKT. #389 NOTICE OF MOTION AND MOTION for Leave to file a Sur-Reply to Address Certain False Statements in Office Star's Reply at Dkt. 386 filed by Counterclaimant Herman Miller, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order) (Ciardullo, Jean-Paul) Modified on 3/30/2017 (pso).
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Filing 387
REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Trade Dress Validity, and a New Trial on Infringement #380 , NOTICE OF MOTION AND MOTION for Permanent Injunction With Respect to the Eames Trade Dress #379 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 386
REPLY in support of Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 3 Re Damages #376 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Fed. R. Civ. P. 50(b) and 49(a)(3) re Notice of Registration No. 3,105,591 #353 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 1 Re Invalidity Of Asserted Eames Trade Dresses #374 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 2 Re Infringement, Dilution, and Willfulness #375 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard)(Dillard, David)
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Filing 385
(IN CHAMBERS) ORDER SETTING PAGE LIMITS FOR REPLIES IN RELATION TO POST-TRIAL MOTIONS: by Judge John A. Kronstadt: The Court sets the following page limits for Reply Briefs to be filed in relation to the post-trial motions. Defendant/Counterclaimant Herman Miller ("Defendant") may file a single consolidated Reply brief of up to 15 pages addressing the consolidated opposition brought by Plaintiff Blumenthal Distributing in relation to Defendant's post-trial motions (Dkt. 379, 380), and Plaintiff may file a single consolidated Reply to Defendant's opposition filed in relation to its post-trial motions (Dkt. 353, 374, 375, and 376), also not to exceed 15 pages. These page limits do not pertain to any accompanying images or exhibits which may be attached to the filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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Filing 384
MEMORANDUM in Opposition to Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 1 Re Invalidity Of Asserted Eames Trade Dresses #374 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 2 Re Infringement, Dilution, and Willfulness #375 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 3 Re Damages #376 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Fed. R. Civ. P. 50(b) and 49(a)(3) re Notice of Registration No. 3,105,591 #353 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit 26, #12 Exhibit 504, #13 Exhibit 505, #14 Exhibit 650-1, #15 Exhibit 650-2, #16 Exhibit 650-3, #17 Exhibit 650-4, #18 Exhibit 671, #19 Exhibit 679, #20 Exhibit 686, #21 Exhibit 773, #22 Exhibit 773-1, #23 Exhibit 775, #24 Exhibit 779, #25 Exhibit 801, #26 Exhibit 804, #27 Exhibit 919, #28 Exhibit 990, #29 Exhibit 991, #30 Exhibit 1034, #31 Exhibit 1207, #32 Exhibit 1210, #33 Exhibit 1225, #34 Exhibit 1230, #35 Exhibit 1240, #36 Exhibit 1260, #37 Exhibit 1268-1, #38 Exhibit 1268-2, #39 Exhibit 1268-3-1, #40 Exhibit 1268-3-2, #41 Exhibit 1307, #42 Exhibit 1310, #43 Exhibit 1314, #44 Exhibit 1327, #45 Exhibit 1330, #46 Exhibit 1331, #47 Exhibit 1340, #48 Exhibit 1341, #49 Exhibit 1342, #50 Exhibit 1349)(Ciardullo, Jean-Paul)
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Filing 383
CONSOLIDATED OPPOSITION in Opposition to re: NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Trade Dress Validity, and a New Trial on Infringement #380 , NOTICE OF MOTION AND MOTION for Permanent Injunction With Respect to the Eames Trade Dress #379 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard, #2 Exhibit A, #3 Exhibit 509, #4 Exhibit 521, #5 Exhibit 524, #6 Exhibit 525, #7 Exhibit 552, #8 Exhibit 620, #9 Exhibit 629, #10 Exhibit 652, #11 Exhibit 682, #12 Exhibit 683, #13 Exhibit 1002, #14 Exhibit 1242, #15 Exhibit 1306)(Dillard, David)
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Filing 382
(IN CHAMBERS) ORDER SETTING PAGE LIMITS FOR OPPOSITIONS TO POST-TRIAL MOTIONS: by Judge John A. Kronstadt: In light of the briefing that has been provided in relation to the pending post-trial motions, the Court sets the following page limits for future briefing on the motions. Defendant/Counterclaimant Herman Miller (Defendant) may file a single consolidated opposition of up to 45 pages addressing the post-trial motions brought by Plaintiff Blumenthal Distributing (Dkt. 353, 374, 375, and 376). Plaintiff may file a consolidated opposition to Defendant's post-trial motions (Dkt. 379, 380), not to exceed 28 pages. These page limits do not pertain to any accompanying images or exhibits which may be attached to the filings. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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Filing 381
ORDER ON JOINT STIPULATION (SECOND) ON POST-TRIAL DEADLINES by Judge John A. Kronstadt, re Stipulation for Hearing #378 . (SEE ORDER FOR SPECIFICS) (bp)
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Filing 380
NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Trade Dress Validity, and a New Trial on Infringement filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit 1 to Ciardullo Decl., #3 Exhibit 2 to Ciardullo Decl., #4 Exhibit 3 to Ciardullo Decl., #5 Exhibit 4 to Ciardullo Decl., #6 Exhibit 5 to Ciardullo Decl., #7 Exhibit 6 to Ciardullo Decl., #8 Exhibit 7 to Ciardullo Decl., #9 Exhibit 8 to Ciardullo Decl., #10 Exhibit 9 to Ciardullo Decl., #11 Exhibit 10 to Ciardullo Decl., #12 Exhibit 11 to Ciardullo Decl., #13 Exhibit 29 to Ciardullo Decl., #14 Exhibit 507, part 1 to Ciardullo Decl., #15 Exhibit 507, part 2 to Ciardullo Decl., #16 Exhibit 521 to Ciardullo Decl., #17 Exhibit 552 to Ciardullo Decl., #18 Exhibit 652, part 1 to Ciardullo Decl., #19 Exhibit 652, part 2 to Ciardullo Decl., #20 Exhibit 652, part 3 to Ciardullo Decl., #21 Exhibit 679 to Ciardullo Decl., #22 Exhibit 686 to Ciardullo Decl., #23 Exhibit 775 to Ciardullo Decl., #24 Exhibit 921 to Ciardullo Decl., #25 Exhibit 924 to Ciardullo Decl., #26 Exhibit 927 to Ciardullo Decl., #27 Exhibit 938 to Ciardullo Decl., #28 Exhibit 939 to Ciardullo Decl., #29 Exhibit 950 to Ciardullo Decl., #30 Exhibit 956 to Ciardullo Decl., #31 Exhibit 974 to Ciardullo Decl., #32 Exhibit 983 to Ciardullo Decl., #33 Exhibit 994 to Ciardullo Decl., #34 Exhibit 1001 to Ciardullo Decl., #35 Exhibit 1002 to Ciardullo Decl., #36 Exhibit 1076 to Ciardullo Decl., #37 Exhibit 1173 to Ciardullo Decl., #38 Exhibit 1178 to Ciardullo Decl., #39 Exhibit 1210 to Ciardullo Decl., #40 Exhibit 1230 to Ciardullo Decl., #41 Exhibit 1231 to Ciardullo Decl., #42 Exhibit 1306 to Ciardullo Decl., #43 Exhibit 1314 to Ciardullo Decl., #44 Exhibit 1330 to Ciardullo Decl., #45 Exhibit 1331 to Ciardullo Decl., #46 Exhibit 1334 to Ciardullo Decl., #47 Exhibit 1336 to Ciardullo Decl., #48 Exhibit 1338 to Ciardullo Decl., #49 Exhibit 1339 to Ciardullo Decl., #50 Exhibit 1343 to Ciardullo Decl., #51 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 379
NOTICE OF MOTION AND MOTION for Permanent Injunction With Respect to the Eames Trade Dress filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit 1 to Ciardullo Declaration, #3 Exhibit 2 to Ciardullo Decl., #4 Exhibit 3 to Ciardullo Decl., #5 Exhibit 4 to Ciardullo Decl., #6 Exhibit 5 to Ciardullo Decl., #7 Exhibit 6 to Ciardullo Decl., #8 Exhibit 7 to Ciardullo Decl., #9 Exhibit 686 to Ciardullo Decl., #10 Exhibit 779 to Ciardullo Decl., #11 Exhibit 801 to Ciardullo Decl., #12 Exhibit 1207 to Ciardullo Decl., #13 Exhibit 1210 to Ciardullo Decl., #14 Exhibit 1240 to Ciardullo Decl., #15 Exhibit 1260 to Ciardullo Decl., #16 Exhibit 1307 to Ciardullo Decl., #17 Exhibit 1314 to Ciardullo Decl., #18 Exhibit 1330 to Ciardullo Decl., #19 Exhibit 1331 to Ciardullo Decl., #20 Exhibit 1340 to Ciardullo Decl., #21 Exhibit 1341 to Ciardullo Decl., #22 Exhibit 1342 to Ciardullo Decl., #23 Declaration of Patrick Hogan, #24 Exhibit A to Hogan Decl., #25 Declaration of Eoin P. Connolly, #26 Proposed Order [Proposed Injunction]) (Ciardullo, Jean-Paul)
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Filing 378
Joint STIPULATION for Hearing re Post-Trial Motions filed by Counterclaimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 377
DECLARATION of David A. Dillard in Support of Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 3 Re Damages #376 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 1 Re Invalidity Of Asserted Eames Trade Dresses #374 , Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 2 Re Infringement, Dilution, and Willfulness #375 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit 2B, #2 Exhibit 3A, #3 Exhibit 26, #4 Exhibit 503, #5 Exhibit 504, #6 Exhibit 505, #7 Exhibit 671, #8 Exhibit 679, #9 Exhibit 686, #10 Exhibit 764, #11 Exhibit 801, #12 Exhibit 1207, #13 Exhibit 1240, #14 Exhibit 1260, #15 Exhibit 1307, #16 Exhibit 1314, #17 Exhibit 1330, #18 Exhibit 1340, #19 Exhibit 1349)(Dillard, David)
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Filing 376
Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 3 Re Damages filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Dillard, David)
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Filing 375
Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 2 Re Infringement, Dilution, and Willfulness filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Dillard, David)
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Filing 374
Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: No. 1 Re Invalidity Of Asserted Eames Trade Dresses filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 4/17/2017 at 11:00 AM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order) (Dillard, David)
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Filing 373
MINUTES OF STATUS CONFERENCE RE JOINT STIPULATION FOR ORDER ON POSTTRIAL DEADLINES (DKT. #370 ) held before Judge John A. Kronstadt: Hearing on motions, Blumenthal Distributing, Inc.'d Motion Under Fed. R. Civ. P. 50(B) and 49(A)(3) Re Notice of Registration No. 3,105,591 (Dkt. #353 ), and Herman Miller, Inc.'s Motion for Judgment as a Matter of Law (Dkt. #332 ) set for April 17, 2017 at 11:00 AM. See minute order for specifics. Court Reporter: Alex Joko. (ah)
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Filing 372
(IN CHAMBERS) ORDER ADVANCING TIME OF STATUS CONFERENCE (DKT. #371 ) by Judge John A Kronstadt: The Court, on its own motion, advances the time of the February 13, 2017 Status Conference from 1:30 pm to 11:30 am. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 371
ORDER SETTING HEARING RE JOINT STIPULATION ON POST-TRIAL DEADLINES by Judge John A. Kronstadt, re Stipulation for Order #370 . Good cause appearing, the Court sets a Status Conference for February 13, 2017 at 1:30 p.m. Counsel shall contact the Clerk no later than February 9, 2017 should counsel wish to appear by phone. (bp)
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Filing 370
Joint STIPULATION for Order ON POST-TRIAL DEADLINES filed by Defendants Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 369
TRANSCRIPT for proceedings held on 9/21/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 368
TRANSCRIPT for proceedings held on 10/5/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 367
TRANSCRIPT for proceedings held on 10/4/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 366
TRANSCRIPT for proceedings held on 9/30/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 365
TRANSCRIPT for proceedings held on 9/29/16, 12:00 PM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 364
TRANSCRIPT for proceedings held on 9/28/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 363
TRANSCRIPT for proceedings held on 9/27/16, 8:30 am. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/22/2017. Release of Transcript Restriction set for 4/24/2017. (Joko, Alexander)
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Filing 362
(IN CHAMBERS) ORDER NOTIFYING PARTIES OF CHANGE OF ADDRESS FOR COURT by Judge John A. Kronstadt: Effective December 19, 2016, Judge Kronstadt will relocate to the 1st Street Courthouse. His new address is 350 W. 1st Street, Courtroom 10B, Los Angeles, California 90012. All mandatory chambers copies shall be hand delivered to the mailbox for this Court outside the Clerk's Office, which is located on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY
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Filing 361
NOTICE OF FILING TRANSCRIPT filed for proceedings 9/22, 1:20 p.m.; 9/27, 11:36 a.m.; 9/28, 11:14 a.m.; 9/29, 2:35 p.m.; 9/30, 11:43 a.m.; 10/4, 11:35 a.m.; 10/5/16, 12:09 p.m. re Transcript #360 , #355 , #354 , #359 , #357 , #358 , #356 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY
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Filing 360
TRANSCRIPT for proceedings held on 10/5/16, 12:09 p.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 359
TRANSCRIPT for proceedings held on 10/4/16, 11:35 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 358
TRANSCRIPT for proceedings held on 9/30/16, 11:43 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 357
TRANSCRIPT for proceedings held on 9/29/16, 2:35 p.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 356
TRANSCRIPT for proceedings held on 9/28/16, 11:14 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 355
TRANSCRIPT for proceedings held on 9/27/16, 11:36 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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 354
TRANSCRIPT for proceedings held on 1:20 p.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2016. Redacted Transcript Deadline set for 12/27/2016. Release of Transcript Restriction set for 2/23/2017. (Jui, Chia)
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Filing 353
Renewed NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Fed. R. Civ. P. 50(b) and 49(a)(3) re Notice of Registration No. 3,105,591 filed by Plaintiff-Counterclaim-Defendant Blumenthal Distributing, Inc.. (Schilly, Sami)
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Filing 352
REPLY in Support of APPLICATION FOR ATTORNEYS' FEES at DKT. 295 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo (Supplemental), #2 Exhibit A, #3 Exhibit B, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12)(Ciardullo, Jean-Paul)
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Filing 351
STATUS REPORT of the Parties filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 350
RESPONSE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.to Statement,,, #295 re Minute Order Accepting Report and Adopting Findings re Attorney's Fees and Costs #274 (Attachments: #1 Declaration of David A. Dillard in support of Response to Defendant's Supplemental Brief on Attorney's Fees and Costs, #2 Exhibit A to Declaration of David A. Dillard)(Dillard, David)
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Filing 349
Unredacted Special Verdict Form (bp)
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Filing 348
Unredacted Jury Note Number #3 (bp)
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Filing 347
Unredacted Jury Note Number #2 (bp)
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Filing 346
Undredacted Jury Note Number #1 (bp)
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Filing 345
MINUTES OF Jury Trial - 9th Day held and completed before Judge John A. Kronstadt: Verdict reached. Jury Verdict In favor of Counter-claimant-Plaintiff Herman Miller. Jury polled. Filed Witness & Exhibit Lists. Filed jury notes. Filed jury instructions. Counsel stipulate to the return of exhibits upon the conclusion of trial. Exhibit Release Form prepared and filed. After conferring with counsel, the Court directs the parties to meet and confer and file a status report within a week regarding the laches issue, the process in terms of the motions that either party plan to renew, and the timing of judgment in this case. Upon reviewing the status report, the Court will determine whether or not to hold a status conference. Court Reporter: Alex Joko. (bp)
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Filing 344
REDACTED JURY VERDICT in favor of Counter-claimant-Plaintiff Herman Miller, Inc. (bp).
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Filing 343
RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies). (bp)
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Filing 342
REDACTED Jury Notes # 3 filed. (bp)
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Filing 341
REDACTED Jury Notes # 2 filed. (bp)
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Filing 340
REDACTED Jury Notes # 1 filed. (bp)
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Filing 339
LIST OF EXHIBITS AND WITNESSES at trial. (bp)
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Filing 338
JURY INSTRUCTIONS by Judge John A. Kronstadt. (bp)
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Filing 337
MINUTES OF Jury Trial - 8th Day held before Judge John A. Kronstadt: Held and Continued 10/7/2016 08:00 AM before Judge John A. Kronstadt. Court Reporter: Alex Joko. (bp)
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Filing 335
ORDER by Judge John A. Kronstadt, re Stipulation for Extension of Time to File Response/Reply #333 . IT IS HEREBY ORDERED that the response date for Office Star's reply to Herman Miller's Supplemental Brief on Attorneys' Fees and Costs Relating to the Grant of Defendant's Motion for Sanctions (Dkt. No. 295) is extended to October 14, 2016. (bp)
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Filing 333
Second STIPULATION for Extension of Time to File as to Statement,,, #295 filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 332
NOTICE OF MOTION AND MOTION for Judgment as a Matter of Law on the basis of: Fed.R.Civ.P. 50(a) filed by Defendant/Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 334
MINUTES OF Jury Trial - 7th Day held before Judge John A. Kronstadt: Exhibits identified and admitted. Closing arguments made by plaintiffs and defendants. Court instructs jury. Bailiff Sworn. Jury retires to deliberate. Jury Trial continued for deliberations to October 6, 2016 08:30 AM before Judge John A. Kronstadt. Court Reporter: Alex Joko(AM)/Chia Mei Jui(PM). (ah)
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Filing 331
MINUTES OF Jury Trial - 6th Day held before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Clerk reviewed admitted exhibits with counsel. Plaintiff and Defendant each present an oral Rule 50 Motion. The Court DEFERS ruling on Motions until after the conclusion of the trial. Jury Trial continued to October 5, 2016 09:00 AM before Judge John A. Kronstadt. See minute order for specifics. Court Reporter: Alex Joko(AM)/Chia Mei Jui(PM). (ah)
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Filing 330
OBJECTIONS to Text Only Scheduling Notice,, 327 regarding Trade Dress Jury Instructions filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 329
OBJECTIONS to Text Only Scheduling Notice,, 327 regarding Draft Trade Dress Jury Instructions filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 328
Joint STIPULATION to Dismiss Counter-Defendants FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM filed by Counterclaimant Herman Miller, Inc..(Ciardullo, Jean-Paul)
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Filing 327
(IN CHAMBERS) ORDER RE JURY INSTRUCTIONS by Judge John A. Kronstadt: The Clerk has provided the parties by email with a draft resolution of all disputed jury instructions. On October 4, 2016, the parties are to appear for trial prepared to discuss these draft instructions and to raise any objections. The parties shall also be prepared to specifically address Instruction 15, "Damages - Actual or Statutory Notice," and its significance in relation to the proposed verdict forms. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY
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Filing 326
PROPOSED JURY VERDICT filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 336
MINUTES OF Jury Trial - 5th Day held before Judge John A. Kronstadt: Witnesses called, sworn and testified. Case continued to 10/4/2016 08:30 AM. The Court states its views and DENIES Blumenthal's Request for Reconsideration of its Motion in Limine No. 1. to exclude the opinions, survey, and expert report of Englis. Dkt. 323. Court Reporter: Alex Joko(AM)/Chia Mei Jui(PM). (bp)
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Filing 324
CORRECTED ORDER RE FINAL PRETRIAL CONFERENCE OF 9-21-16 by Judge John A. Kronstadt. (SEE ORDER FOR SPECIFICS) (bp)
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Filing 325
MINUTES OF Jury Trial - 4th Day held before Judge John A. Kronstadt: Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued to 9/30/2016 09:00 AM. Blumenthal has filed a Request for Reconsideration of the Court's ruling on Blumenthal's Motion in Limine No. 1: to Exclude Opinions, Survey, and Expert Report of Expert Basil Englis (Dkt. 323)(the "Request). Plaintiff would like the opportunity to file a response. If one if to be presented, it must be filed as soon as possible. No written response is required. The positions may be stated orally. Court Reporter: Alex Joko(AM)/Chia Mei Jui(PM). (bp)
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Filing 323
Request for Reconsideration of Blumenthal Distributing, Inc.'s Motion-in-Limine No. 1: To Exclude Opinions, Survey, and Expert Report of Defendants' Expert Basil Englis filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. re: MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Basil Englis #235 (Dillard, David)
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Filing 322
MINUTES OF Jury Trial - 3rd Day held before Judge John A. Kronstadt. Witnesses called, sworn and testified. Exhibits Identified. Case continued September 29, 2016 at 12:00 p.m. for further trial. The Court states its views with respect to the disputed exhibits. Court Reporter: Alex Joko (AM) / Chia Mei Jui (PM). (lom)
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Filing 321
NOTICE OF LODGING Proposed Pretrial Conference Order Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Joint Stipulation Requesting Corrected Order re Final Pretrial Conference of 9-21-16, #2 Proposed Corrected Order re Final Pretrial Conference of 9-21-16)(Dillard, David)
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Filing 320
MINUTES OF Jury Trial - 2nd Day held before Judge John A. Kronstadt. Witnesses called, sworn and testified. Exhibits identified and admitted. Case continued September 28, 2016 at 8:30 a.m. for further trial. An email was sent to the Clerk from Plaintiff's counsel regarding evidentiary disputes with respectto exhibits. The Court confers with counsel regarding the disputed exhibits. Counsel shall confer to determine whether disputes remain. If the parties are not able to resolve the disputes, counsel shall file a notice of disputed exhibits. Plaintiff shall convert the email into a pleading and file it on the docket. The Court states its views that it does not believe testimony by Mr. Schwartz should be entirely excluded for the reasons stated on the record. IT IS SO ORDERED. Court Reporter: Alex Joko (AM) / Chia Mei Jui (PM). (lom)
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Filing 319
RESPONSE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.to Miscellaneous Document #318 Herman Miller's Request to Reconsider Certain Disputed Exhibits (Dillard, David)
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Filing 318
Herman Miller's Request to Reconsider Certain Disputed Exhibits filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. (Attachments: #1 Exhibit 1227, #2 Exhibit 1268)(Ciardullo, Jean-Paul)
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Filing 317
ORDER GRANTING STIPULATED REQUEST TO EXTEND TIME FOR BLUMENTHAL DISTRIBUTING, INC. TO RESPOND TO DEFENDANT'S SUPPLEMENTAL BRIEF ON ATTORNEYS' FEES AND COSTS RELATING TO THE GRANT OF DEFENDANT'S MOTION FOR SANCTIONS #304 by Judge John A. Kronstadt. IT IS HEREBY ORDERED that the response date for Office Star's reply to Herman Miller's Supplemental Brief #295 on Attorneys' Fees and Costs Relating to the Grant of Defendant's Motion for Sanctions is extended to October 6, 2016. (lom)
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Filing 316
SEALED DOCUMENT re Sealed Declaration in SupportDeclaration, #308 , Order on Motion for Leave to File Document Under Seal,, #315 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration Sealed of Jean-Paul Ciardullo, #2 Exhibit 1 to Ciardullo Declaration)(Ciardullo, Jean-Paul)
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Filing 315
ORDER PROVISIONALLY GRANTING HERMAN MILLER, INC.'s APPLICATION TO FILE UNDER SEAL #307 ( Dkt. 307-2, 307-3, 308 ) by Judge John A. Kronstadt. The Court HEREBY ORDERS THAT Herman Miller's Supplemental Submission on the Admissibility of Possible Oral Opinion(s) of Counsel and Exhibit 1 in support thereof shall be filed provisionally under seal pursuant to the Court's September 22, 2016 Order. Dkt. 312. Upon review of the response to the Supplemental Submission, the Court will determine whether the seal will remain. (lom)
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Filing 314
NOTICE of Manual Filing filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. of 2 flash drives. (Ciardullo, Jean-Paul)
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Filing 313
NOTICE OF LODGING filed pursuant to the instructions of the Court (Documents used during opening statement) re Jury Trial - Begun, #312 (Attachments: #1 Slides of the Comparison of Accused Chairs and Non-Accused Chairs, #2 PowerPoint Presentation)(Dillard, David)
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Filing 311
RESPONSE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.to Supplement, #309 (Dillard, David)
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Filing 312
MINUTES OF Jury Trial - 1st Day held before Judge John A. Kronstadt: Jury empanelled and sworn. Opening statements made. Witnesses called, sworn and testified. Court pre-instructs jury. Case continued to 9/27/2016 08:30 AM. Court Reporter: Alex Joko(AM)/Chia Mei Jui(PM). (SEE CIVIL MINUTES FOR SPECIFICS) (bp)
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Filing 309
SUPPLEMENT filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo on the Admissibility of Possible Oral Opinion(s) of Counsel, #2 Exhibit to the Ciardullo Decl., #3 Exhibit to the Ciardullo Decl.)(Ciardullo, Jean-Paul)
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Filing 308
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Supplemental Submission and Exhibit 1 ISO thereof under seal #307 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Unredacted Document, #2 Unredacted Document, #3 Proof of Service)(Ciardullo, Jean-Paul)
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Filing 307
APPLICATION to file document Supplemental Submission and Exhibit 1 ISO thereof under seal filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Proposed Order, #2 Unredacted Document Under Seal Supplemental Submission, #3 Unredacted Document R. Blumenthal deposition transcript excerpts)(Ciardullo, Jean-Paul)
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Filing 310
MINUTES OF Final Pretrial Conference held before Judge John A. Kronstadt: Court Reporter: Alex Joko. (SEE CIVIL MINUTES FOR SPECIFICS) (bp)
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Filing 306
Amended Exhibit List filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 305
NOTICE of Disputed Exhibits filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. (Supplemental - Joint) (Dillard, David)
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Filing 304
STIPULATION for Extension of Time to File Reply as to Statement,,, #295 filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 303
NOTICE OF LODGING filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc. of Deposition Transcripts for Use at Trial re Text Only Scheduling Notice, 300 (Dillard, David)
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Filing 302
STATEMENT - Agreed Joint Statement of the Case for Voir Dire filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc. (Dillard, David)
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Filing 301
NOTICE OF LODGING filed by Herman Miller, Notice of Lodging of Original Deposition Transcripts to be Used During Trial re Text Only Scheduling Notice, 300 (Ciardullo, Jean-Paul)
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Filing 300
(IN CHAMBERS) ORDER SETTING FINAL PRETRIAL CONFERENCE AND CONTINUING TRIAL by Judge John A. Kronstadt: In light of the parties having disputes that remain, the Court sets a Final Pretrial Conference for September 21, 2016 at 9:30 a.m. The Jury Trial is continued to September 22, 2016 at 8:30 a.m. #298 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 299
TRANSCRIPT ORDER as to Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact David A. Dillard at ddillard@lrrc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 298
MINUTES OF Settlement Conference held before Judge John A. Kronstadt: The settlement conference is held. Also present on behalf of Plaintiff is Richard Blumenthal, BarryBarmasian, and Edward Schwartz, esq. On behalf of Defendant is Tim Lopez, esq. The Court conferswith the parties off the record. A settlement is not reached.The Court directs the parties to confer in an effort to resolve the remaining pretrial disputes. If disputesremain, the Court is inclined to have a Final Pretrial Conference on September 21, 2016 at 9:30 am towork out the issues prior to the commencement of trial, which would begin on September 22, 2016. Ifcounsel are able to resolve the disputes, the trial will proceed as scheduled on September 21, 2016 at9:00 a.m. Counsel shall inform the Clerk by email no later than 3:00 pm today as to whether there aredisputes that remain and whether a Final Pretrial Conference would be beneficial. If so, counsel are toemail the Clerk by 5:00 pm with the issues that remain. Court Reporter: Not Reported. (bp)
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Filing 297
STIPULATION AND ORDER RE SETTLEMENT CONFERENCE by Judge John A. Kronstadt. (ah)
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Filing 296
(IN CHAMBERS) ORDER SETTING SETTLEMENT CONFERENCE by Judge John A Kronstadt: Pursuant to the request of the parties, the Court sets a Settlement Conference for September 20, 2016 at 9:00 a.m. The parties are ordered to have a representative with authority to make final decisions as to this matter, present at the settlement conference. Counsel shall email a confidential settlement brief, not to exceed 10 pages, to the Courts Clerk at andrea_keifer@cacd.uscourts.gov no later than 5:00 pm on September 19, 2016. The settlement brief is confidential and, therefore, not to be e-filed or shared with the opposing party. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 295
STATEMENT Supplemental Brief on Attorneys' Fees and Costs Relating to the Grant of Def's Motion for Sanctions re: Minutes of In Chambers Order/Directive - no proceeding held,,, #274 . (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Def's Sup Brief re Attorneys' Fees and Cost re Def's Motion for Sanctions, #2 Exhibit 1 to Ciardullo Decl, #3 Exhibit 2 to Ciardullo Decl, #4 Exhibit 3 to Ciardullo Decl, #5 Exhibit 4 to Ciardullo Decl, #6 Exhibit 5 to Ciardullo Decl, #7 Exhibit 6 to Ciardullo Decl, #8 Exhibit 7 to Ciardullo Decl, #9 Exhibit 8 to Ciardullo Decl, #10 Exhibit 9 to Ciardullo Decl, #11 Exhibit 10 to Ciardullo Decl, #12 Exhibit 11 to Ciardullo Decl, #13 Exhibit 12 to Ciardullo Decl, #14 Exhibit 13 to Ciardullo Decl, #15 Exhibit 14 to Ciardullo Decl, #16 Exhibit 15 to Ciardullo Decl, #17 Exhibit 16 to Ciardullo Decl, #18 Exhibit 17 to Ciardullo Decl)(Ciardullo, Jean-Paul)
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Filing 294
PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc... (Attachments: #1 Office Star Proposed Instruction No. 9D)(Dillard, David)
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Filing 293
RESPONSE filed by Counter Claimant Herman Miller, Inc.to Response #292 - a Short (One Paragraph) Clarification Regarding Scope of Relief Sought Concerning Laches (Ciardullo, Jean-Paul)
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Filing 292
RESPONSE filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.to Statement #286 Request for Clarification Regarding Bifurcation of Laches (Dillard, David)
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Filing 291
TRANSCRIPT for proceedings held on 3/23/15, 8:30 am. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/5/2016. Redacted Transcript Deadline set for 10/17/2016. Release of Transcript Restriction set for 12/13/2016. (Joko, Alexander)
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Filing 290
TRANSCRIPT for proceedings held on 9/8/16, 12:30 PM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/5/2016. Redacted Transcript Deadline set for 10/17/2016. Release of Transcript Restriction set for 12/13/2016. (Joko, Alexander)
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Filing 289
NOTICE OF LODGING filed L.R. 52 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR BENCH TRIAL ON LACHES AND DISGORGEMENT re Amended Complaint, #13 (Attachments: #1 Proposed Order Proposed Findings of Fact and Conclusions of Law)(Ciardullo, Jean-Paul)
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Filing 288
TRIAL BRIEF filed by Counterclaimant Herman Miller, Inc... (Attachments: #1 Exhibit A)(Ciardullo, Jean-Paul)
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Filing 287
TRIAL BRIEF filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc... (Attachments: #1 Declaration of David A. Dillard, #2 Exhibit 1-2 to Declaration of David A. Dillard)(Dillard, David)
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Filing 286
STATEMENT REQUEST TO CLARIFY BIFURCATION OF LACHES filed by Counter Claimant Herman Miller, Inc. follwing question of bifurcation raised at the Final Pretrial Conference (Ciardullo, Jean-Paul)
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Filing 285
TRANSCRIPT ORDER as to Defendant Herman Miller, Inc. for Court Reporter. Court will contact Lian Saptoro at lsaptoro@foley.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 283
NOTICE Parties' Joint Notice of Disputed Exhibits filed by Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 282
TRANSCRIPT ORDER as to Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact David A. Dillard at ddillard@lrrc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 284
MINUTES OF EVIDENTIARY HEARING RE DEFENDANT'S EXPERT WITNESS BASIL ENGLIS; BLUMENTHAL DISTRIBUTING'S MOTION IN LIMINE NO. 1 TO EXCLUDE OPINIONS, SURVEY AND EXPERT REPORT OF DEFENDANTS' EXPERT BASIL ENGLIS (DKT. 235) The evidentiary hearing is held. Expert witness Basil Englis appears by way of video conference. Mr.Englis is sworn. The Court confers with Mr. Englis regarding his declaration and Herman Miller, Inc.sOpposition to Office Stars Motion in Limine No. 1 to Exclude Expert Report of Basil Englis (Dkt. 242). TheCourt and Mr. Englis address Exhibit E and Exhibit F of Mr. Englis report. The Court allows plaintiffscounsel and defendants counsel to question Mr. Englis. The witness is excused.The Court denies Blumenthal Distributings Motion in Limine No. 1 to Exclude Opinions, survey andexpert report of Defendants Expert Basil Englis (Dkt. 235) for reasons stated in Court and on the record.Counsel inform the Court that the parties are continuing their settlement efforts. Counsel will notify theCourtroom Deputy if the parties feel further mediation will be productive. Court Reporter: Alex Joko. (bp)
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Filing 281
PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Counterclaimant Herman Miller, Inc... (Attachments: #1 Exhibit Disputed Jury Instructions and Objections)(Ciardullo, Jean-Paul)
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Filing 280
PROPOSED SPECIAL JURY VERDICT filed by Countercliamant Herman Miller, Inc.. (Attachments: #1 Exhibit A - HM Proposed Verdict Form, #2 Exhibit B - OS Proposed Verdict Form)(Ciardullo, Jean-Paul)
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Filing 279
NOTICE OF FILING TRANSCRIPT filed for proceedings 2/22/16 and 8/29/16 re Transcript #277 , #278 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Joko, Alexander) TEXT ONLY ENTRY
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Filing 278
TRANSCRIPT for proceedings held on 8/29/16, 3:00 PM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/28/2016. Redacted Transcript Deadline set for 10/11/2016. Release of Transcript Restriction set for 12/6/2016. (Joko, Alexander)
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Filing 277
TRANSCRIPT for proceedings held on 2/22/16, 8:30 AM. Court Reporter/Electronic Court Recorder: Alex Joko, phone number aj_csr@yahoo.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 PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 9/28/2016. Redacted Transcript Deadline set for 10/11/2016. Release of Transcript Restriction set for 12/6/2016. (Joko, Alexander)
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Filing 276
(IN CHAMBERS) ORDER ADVANCING EVIDENTIARY HEARING RE EXPERT WITNESS BASIL ENGLIS by Judge John A. Kronstadt: The Court, on its own motion, advances the hearing from September 8, 2016 at 1:30 p.m. to September 8, 2016 at 12:30 p.m. NOTE: CHANGE AS TO TIME ONLY. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (clee) TEXT ONLY ENTRY
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Filing 275
MEMORANDUM in Opposition to MOTION IN LIMINE (#6) to Preclude Office Star From Challenging Non-Functionality and Secondary Meaning #234 - Blumenthal's Bench Memorandum in support of Blumenthal's opposition to Defendant's Motion in Limine #6 #255 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit A)(Dillard, David)
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Filing 274
MINUTE ORDER IN CHAMBERS ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS AND RECOMMENDATIONS OF UNITS STATE MAGISTRATE JUDGE by Judge John A. Kronstadt: Pursuant to 28 U.S.C. 636, the Court has considered the Report and Recommendations of Magistrate Judge Pym (R&R"(Dkt. 216)) addressing the "Motion for Default Judgment or Sanctions in the Alternative" ("Motion(Dkt.204)) brought by Defendant and Counterclaimant Herman Miller ("Defendant"), which seeks this relief against Plaintiff and Counterclaim-Defendant Blumenthal Distributing Inc. ("Plaintiff"). The Court has conducted a de novo review of the issues addressed by the R&R to which Plaintiff has objected. Based on that review, the Court overrules the objections by Plaintiff and adopts the R&R. See Civil Minutes for Specifics. (bp)
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Filing 272
(IN CHAMBERS) ORDER SETTING EVIDENTIARY HEARING RE EXPERT WITNESS BASIL ENGLIS by Judge John A. Kronstadt: The Court sets an evidentiary hearing re Mr. Englis for September 8, 2016 at 1:30 p.m. Mr. Englis is permitted to appear by video-conference so long as counsel make the appropriate accommodations. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 271
TRANSCRIPT ORDER as to Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact David A. Dillard at ddillard@lrrc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 270
TRANSCRIPT ORDER as to Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc. for Court Reporter. Court will contact David A. Dillard at ddillard@lrrc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Dillard, David)
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Filing 269
TRANSCRIPT ORDER as to Defendant/Counterclaimant Herman Miller, Inc. for Court Reporter. Court will contact Jean-Paul Ciardullo at jciardullo@foley.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 268
TRANSCRIPT ORDER as to Defendant/Counterclaimant Herman Miller, Inc. for Court Reporter. Court will contact Jean-Paul Ciardullo at jciardullo@foley.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Ciardullo, Jean-Paul)
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Filing 267
Notice of Appearance or Withdrawal of Counsel: for attorney Edward R Schwartz counsel for Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. Edward R. Schwartz 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/Counter Defendants Blumenthal Distributing, Inc. d/b/a Office Star, Fris Office Outfitters, Inc., and Gamesis, Inc. (Schwartz, Edward)
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Filing 273
MINUTES OF PRETRIAL CONFERENCE; STATUS CONFERENCE RE EXHIBITS; PLAINTIFF'S MOTIONS IN LIMINE (DKT. 235, 236, 237) DEFENDANTS' MOTION IN LIMINE (DKT. 229, 230, 231, 232, 233, 234) Final Pretrial Conference held before Judge John A. Kronstadt: Court Reporter: Alex Joko. See Civil Minutes for Specifics. (bp)
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Filing 266
Notice of Appearance or Withdrawal of Counsel: for attorney Sami Irene Schilly counsel for Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. Adding Sami I. Schilly as counsel of record for Blumenthal Distributing, Inc. dba Office Star Products; Fris Office Outfitters, Inc. and Gamesis, Inc. for the reason indicated in the G-123 Notice. Filed by Plaintiff/CounterClaim Defendant Sami I. Schilly. (Attorney Sami Irene Schilly added to party Blumenthal Distributing, Inc.(pty:cd), Attorney Sami Irene Schilly added to party Blumenthal Distributing, Inc.(pty:pla))(Schilly, Sami)
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Filing 265
REPLY MOTION IN LIMINE (#3) to Exclude Office Star Opinion of Counsel #231 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit H, #3 Exhibit I)(Ciardullo, Jean-Paul)
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Filing 264
NOTICE OF LODGING Proposed Pretrial Conference Order Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit 1 (Final Pretrial Conference Order), #2 Exhibit A to Final Pretrial Conference Order, #3 Exhibit B to Final Pretrial Conference Order, #4 Exhibit C to Final Pretrial Conference Order, #5 Exhibit D to Final Pretrial Conference Order)(Ciardullo, Jean-Paul)
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Filing 263
REPLY in support of MOTION IN LIMINE (#3) to Exclude Evidence Relating toBlumenthal's Discussion or Considerations Relating to Products Other Than Aeron or Eames Chairs #237 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Reply, #2 Exhibit 1-3 to Declaration of David A. Dillard in Support of Reply)(Dillard, David)
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Filing 262
REPLY in support of MOTION IN LIMINE (#2) to Exclude Certain Discovery-Related Evidence #236 filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 261
REPLY in support of MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Basil Englis #235 filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 260
Notice of Appearance or Withdrawal of Counsel: for attorney Eoin P Connolly counsel for Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. Adding Eoin P. Connolly as counsel of record for Herman Miller, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant; Counterclaim Plaintiff Herman Miller, Inc.. (Attorney Eoin P Connolly added to party Herman Miller, Inc.(pty:dft), Attorney Eoin P Connolly added to party Herman Miller, Inc.(pty:cc))(Connolly, Eoin)
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Filing 259
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Report #258 , for the following reasons: Incorrect event selected. Correct event is Civil Events-Other Filings-Notices-Notice of Lodging. The Final Pretrial Conference Order is to be lodged and not filed to LR. 16-7. A Word version needs to be submitted to the Court for final approval. Counsel shall lodge the order no later than August 23, 2016.; (bp)
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Filing 258
[STRICKEN PURSUANT TO DOCKET ENTRY #259] REPORT of PRETRIAL CONFERENCE ORDER filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ciardullo, Jean-Paul) Modified on 8/22/2016 (bp).
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Filing 257
PROPOSED JURY INSTRUCTIONS filed by Defendant/Counterclaimant Herman Miller, Inc... (Attachments: #1 Appendix HM's Responses to OS's Objections to HM's Proposed Jury Instructions, #2 Appendix OS's Responses to HM's Objections to OS's Proposed Jury Instructions)(Ciardullo, Jean-Paul)
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Filing 256
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#4) to Exclude Individual Component Part Exhibits #232 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 255
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#6) to Preclude Office Star From Challenging Non-Functionality and Secondary Meaning #234 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 254
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#3) to Exclude Office Star Opinion of Counsel #231 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Opposition to Motion in Limine No. 3, #2 Exhibit 1-2 to Declaration of D. Dillard re Motion in Limine No. 3, #3 Declaration of Edward Schwartz in Support of Opposition to Motion in Limine No. 3)(Dillard, David)
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Filing 253
Witness List filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM.. (Dillard, David)
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Filing 252
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#5) to Exclude Exhibits Not Produced In Discovery #233 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Opposition to Motion in Limine No. 5, #2 Exhibit 1-3 to Declaration of D. Dillard re Motion in Limine No. 5)(Dillard, David)
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Filing 251
Witness List filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 250
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#2) to Preclude Use of Side-by-Side Comparison #230 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Opposition to Motion in Limine No. 2, #2 Exhibit 1-3 to Declaration of D. Dillard re Motion in Limine No. 2)(Dillard, David)
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Filing 249
PROPOSED JURY VERDICT filed by Defendant/Counterclaimant Herman Miller, Inc.. (Attachments: #1 Appendix Herman Miller's Proposed Special Verdict Form, #2 Appendix Office Star's Proposed Special Verdict Form)(Ciardullo, Jean-Paul)
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Filing 248
Proposed Voir Dire Questions filed by Plaintiff/Counterclaim-Defendant Blumenthal Distributing, Inc... (Dillard, David)
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Filing 247
Blumenthal Distributing, Inc.'s opposition re: MOTION IN LIMINE (#1) to Exclude Evidence of Alleged Non-Party Copying of Herman Miller Designs #229 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard in Support of Opposition to Motion in Limine No. 1, #2 Exhibit 1-3 to Declaration of D. Dillard re Motion in Limine No. 1)(Dillard, David)
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Filing 246
Proposed Voir Dire Questions filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 245
JOINT Exhibit List filed by Defendant/Counterclaimant Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 244
STATEMENT Disputed Joint Statement of the Case for Voir Dire filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. (Ciardullo, Jean-Paul)
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Filing 243
MEMORANDUM in Opposition to MOTION IN LIMINE (#3) to Exclude Evidence Relating toBlumenthal's Discussion or Considerations Relating to Products Other Than Aeron or Eames Chairs #237 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO HM OP to OS's MIL No. 3, #2 Exhibit A to Ciardullo Decl., #3 Exhibit B to Ciardullo Decl., #4 Exhibit C to Ciardullo Decl.)(Ciardullo, Jean-Paul)
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Filing 242
MEMORANDUM in Opposition to MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Basil Englis #235 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Basil G. Englis, Ph.D. ISO HM OP to OS's MIL No. 1, #2 Exhibit A to Englis Decl., #3 Exhibit B to Englis Decl.)(Ciardullo, Jean-Paul)
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Filing 241
MEMORANDUM in Opposition to MOTION IN LIMINE (#2) to Exclude Certain Discovery-Related Evidence #236 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 240
MEMORANDUM of Points and Authorities in Opposition filed by Defendant/Counterclaimant Herman Miller, Inc.. Re: Objection/Opposition (Motion related), #220 (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO HM's Opposition to OS's Objections to Report & Recommendations of the Magistrate Judge on Sanctions, #2 Exhibit A to the Ciardullo Decl, #3 Exhibit B ot the Ciardullo Decl)(Ciardullo, Jean-Paul)
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Filing 239
Proposed MEMORANDUM of CONTENTIONS of FACT and LAW (Unmarked set) filed by Defendant/Counterclaimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 238
MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. (Dillard, David)
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Filing 237
NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Evidence Relating toBlumenthal's Discussion or Considerations Relating to Products Other Than Aeron or Eames Chairs filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dillard, David)
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Filing 236
NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude Certain Discovery-Related Evidence filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order)(Dillard, David)
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Filing 235
NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Opinions, Survey and Expert Report of Basil Englis filed by Plaintiff Blumenthal Distributing, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of David A. Dillard, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Declaration of Brian M. Sowers, #7 Proposed Order)(Dillard, David)
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Filing 234
NOTICE OF MOTION AND MOTION IN LIMINE (#6) to Preclude Office Star From Challenging Non-Functionality and Secondary Meaning filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Herman Miller's MIL No. 6, #2 Exhibit A to Ciardullo Decl ISO MIL No. 6, #3 Exhibit B to Ciardullo Decl ISO MIL No. 6, #4 Exhibit C to Ciardullo Decl ISO MIL No. 6, #5 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 233
NOTICE OF MOTION AND MOTION IN LIMINE (#5) to Exclude Exhibits Not Produced In Discovery filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Herman Miller's MIL No. 5, #2 Exhibit A to Ciardullo Decl ISO MIL No. 5, #3 Exhibit B to Ciardullo Decl ISO MIL No. 5, #4 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 232
NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude Individual Component Part Exhibits filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Herman Miller's MIL No. 4, #2 Exhibit A to the Ciardullo Decl ISO MIL No. 4, #3 Exhibit B to the Ciardullo Decl ISO MIL No. 4, #4 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 231
NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude Office Star Opinion of Counsel filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Herman Miller's MIL No. 3, #2 Exhibit A to Ciardullo Decl ISO MIL No. 3, #3 Exhibit B to Ciardullo Decl ISO MIL No. 3, #4 Exhibit C to Ciardullo Decl ISO MIL No. 3, #5 Exhibit D to Ciardullo Decl ISO MIL No. 3, #6 Exhibit E to Ciardullo Decl ISO MIL No. 3, #7 Exhibit F to Ciardullo Decl ISO MIL No. 3, #8 Exhibit G to Ciardullo Decl ISO MIL No. 3, #9 Exhibit H to Ciardullo Decl ISO MIL No. 3, #10 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 230
NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Preclude Use of Side-by-Side Comparison filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO MIL No. 2, #2 Exhibit A to Ciardullo Decl ISO MIL No. 2, #3 Exhibit B to Ciardullo Decl ISO MIL No. 2, #4 Exhibit C to Ciardullo Decl ISO MIL No. 2, #5 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 229
NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude Evidence of Alleged Non-Party Copying of Herman Miller Designs filed by Defendant/Counterclaimant Herman Miller, Inc.. Motion set for hearing on 8/29/2016 at 03:00 PM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo ISO Herman Miller's MIL No. 1, #2 Exhibit A to Ciardullo Decl ISO MIL No. 1, #3 Exhibit B to Ciardullo Decl ISO MIL No. 1, #4 Exhibit C to Ciardullo Decl ISO MIL No. 1, #5 Exhibit D to Ciardullo Decl ISO MIL No. 1, #6 Exhibit E to Ciardullo Decl ISO MIL No. 1, #7 Exhibit F to Ciardullo Decl ISO MIL No. 1, #8 Exhibit G to Ciardullo Decl ISO MIL No. 1, #9 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 228
NOTICE OF DISMISSAL filed by Defendant Herman Miller, Inc. pursuant to FRCP 41a(1) as to iFURN.com, INC. D/B/A OFFICESTAR-FURNITURE-DIRECT.COM. (Ciardullo, Jean-Paul)
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Filing 221
DECLARATION of David A. Dillard re Objection/Opposition (Motion related), #220 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dillard, David)
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Filing 220
Objections To Magistrate Judge Pym's Report and Recommendation Re Motion for Default Judgment or Sanctions re: NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. #204 Objections filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David) Modified on 7/28/2016 (bp).
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Filing 227
NOTICE OF FILING TRANSCRIPT filed for proceedings 10/20/2015; 12/14/2015 re Transcript #225 , #226 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
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Filing 226
TRANSCRIPT for proceedings held on 12/14/2015. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. (at)
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Filing 225
TRANSCRIPT for proceedings held on 10/20/2015; 2:04 p.m. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. (at)
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Filing 224
NOTICE OF FILING TRANSCRIPT filed for proceedings 9/15/2015; 12/4/2015 re Transcript #222 , #223 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (at) TEXT ONLY ENTRY
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Filing 223
TRANSCRIPT for proceedings held on 12/4/2015. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. (at)
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Filing 222
TRANSCRIPT for proceedings held on 9/15/2015. Court Reporter/Electronic Court Recorder: BABYKIN COURTHOUSE SERVICES, phone number (626) 963-0566. 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 8/12/2016. Redacted Transcript Deadline set for 8/22/2016. Release of Transcript Restriction set for 10/20/2016. (at)
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Filing 219
TRANSCRIPT ORDER as to Defendant/Counterclaimant Herman Miller, Inc. for Court Smart (CS). Court will contact Lian P. Saptoro at lsaptoro@foley.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Ciardullo, Jean-Paul)
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Filing 218
TRANSCRIPT ORDER as to Plaintiff Blumenthal Distributing, Inc. for Court Smart (CS). Court will contact Norberto R. Chavez at nchavez@lrrc.com with any questions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court recorder. (Dillard, David)
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Filing 217
NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Sheri Pym Objections to R&R due by 7/26/2016 (kca)
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Filing 216
REPORT AND RECOMMENDATION issued by Magistrate Judge Sheri Pym. (kca)
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Filing 215
(IN CHAMBERS) ORDER REFERRING MOTION FOR DEFAULT JUDGMENT AGAINST COUNTERCLAIM DEFENDANT BLUMENTHAL DISTRIBUTING INC. (DKT. #204 ) TO MAGISTRATE JUDGE SHERI PYM by Judge John A. Kronstadt: The Court has reviewed Herman Miller's Motion for Default Judgment Against Blumenthal Distributing Inc. and has concluded that this matter can be referred to Judge Sheri Pym for a report and recommendation ("R&R"). Upon review of the R&R, the Court will determine whether a hearing is necessary. #204 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc1, ) TEXT ONLY ENTRY
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Filing 214
REPLY in Support NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. #204 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo (Second), #2 Exhibit AA, #3 Exhibit BB)(Ciardullo, Jean-Paul)
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Filing 213
ORDER ON HERMAN MILLER INC.'S EX PARTE MOTION TO SET AN EARLY BRIEFING SCHEDULE AND HEARING ON ITS MOTION FOR DEFAULT JUDGMENT AGAINST BLUMENTHAL DISTRIBUTING #205 , INC. by Judge John A. Kronstadt: Good cause appearing, the Motion is hereby GRANTED and the following schedule is set for the Motion: June 6, 2016: Opposition brief due. June 13, 2016: Reply brief due. September 12, 2016: Hearing at 8:30 a.m. Upon receipt of all the briefing on the Motion the Court will review the matter and determine whether to take the Motion under submission or advance the hearing date. (bp)
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Filing 212
DECLARATION of David A. Dillard in Opposition to NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. #204 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Dillard, David)
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Filing 211
OPPOSITION in Opposition to re: NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. #204 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of Richard Blumenthal, #2 Declaration of Fred Rueda, #3 Declaration of Barry Barsamian, #4 Declaration of Joshua Blumenthal, #5 Declaration of Eddie Mora, #6 Declaration of Larry J. Schrock, #7 Declaration of Edward R. Schwartz, #8 Declaration of Stacy-Ann Goodwin)(Dillard, David)
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Filing 210
SEALED DOCUMENT re Sealed Declaration in SupportDeclaration,, #203 , Order on Motion for Leave to File Document Under Seal,, #208 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit M.1, #2 Exhibit M.2, #3 Exhibit R.1)(Ciardullo, Jean-Paul)
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Filing 209
DECLARATION of Jean-Paul Ciardullo re Sealed Declaration in SupportDeclaration,, #203 , NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. #204 attaching Public Versions of Exhibits Y, Y.1 (amended), Y.2, Y.3, Y.4, Y.5 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit Y, #2 Exhibit Y.1 (AMENDED), #3 Exhibit Y.2, #4 Exhibit Y.3, #5 Exhibit Y.4, #6 Exhibit Y.5)(Ciardullo, Jean-Paul)
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Filing 208
ORDER GRANTING HERMAN MILLER, INC.'s APPLICATION TO FILE UNDER SEAL (DKT. #202 by Judge John A. Kronstadt: Exhibits M.1, M.2, R.1, Y, Y.1, Y.2, Y.3, Y.4, and Y.5 to Herman Miller's Motion for Default Judgment shall be filed under seal. Provided, however, that on or before May 25, 2016, non-party EMC Corporation shall file a declaration which submits the basis for the request to file Exhibits Y, Y.1, Y.2, Y.3, Y.4, and Y.5 under seal, as none was provided in the Application. (ah)
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Filing 207
RESPONSE IN SUPPORT of EX PARTE APPLICATION to Expedite Briefing and Hearing on Herman Miller's Default Judgment Motion #205 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit 1)(Ciardullo, Jean-Paul)
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Filing 206
Blumenthal Distributing, Inc.'s Response re: EX PARTE APPLICATION to Expedite Briefing and Hearing on Herman Miller's Default Judgment Motion #205 (Attachments: #1 Declaration of David A. Dillard in support of Blumenthal Distributing, Inc.'s Response to Herman Miller Inc.'s Ex Parte APplication to Set an Early Briefing Schedule)(Dillard, David)
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Filing 205
EX PARTE APPLICATION to Expedite Briefing and Hearing on Herman Miller's Default Judgment Motion filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Memorandum Underlying Motion Seeking Relief, #3 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 204
NOTICE OF MOTION AND MOTION for Default Judgment against Counterclaim Defendant Blumenthal Distributing Inc. filed by Counterclaim Plaintiff Herman Miller, Inc.. Motion set for hearing on 9/12/2016 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Exhibit A, #3 Exhibit A1 thru A27, #4 Exhibit A28 thru A40, #5 Exhibit A41 thru A47, #6 Exhibit A48 thru A57, #7 Exhibit A58 thru A60, #8 Exhibit B, #9 Exhibit C, #10 Exhibit D, #11 Exhibit E, #12 Exhibit F, #13 Exhibit G, #14 Exhibit H, #15 Exhibit I, #16 Exhibit J, #17 Exhibit K, #18 Exhibit L, #19 Exhibit M.1, #20 Exhibit M.2, #21 Exhibit N, #22 Exhibit O, #23 Exhibit P, #24 Exhibit Q, #25 Exhibit R, #26 Exhibit R1, #27 Exhibit R2, #28 Exhibit S, #29 Exhibit T, #30 Exhibit U, #31 Exhibit V, #32 Exhibit W, #33 Exhibit X, #34 Exhibit Y, #35 Exhibit Y1, #36 Exhibit Y2, #37 Exhibit Y3, #38 Exhibit Y4, #39 Exhibit Y5, #40 Exhibit Z, #41 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 203
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits M.1, M.2, R.1, Y, Y.1, Y.2, Y.3, Y.4, and Y.5 under seal #202 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Unredacted Document Ex. M.1, #2 Unredacted Document Ex. M.2, #3 Unredacted Document Ex. R.1, #4 Unredacted Document Ex Y, #5 Unredacted Document Ex. Y.1, #6 Unredacted Document Ex. Y.2, #7 Unredacted Document Ex. Y.3, #8 Unredacted Document Ex. Y.4, #9 Unredacted Document Ex. Y.5, #10 Proof of Service)(Ciardullo, Jean-Paul)
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Filing 202
APPLICATION to file document Exhibits M.1, M.2, R.1, Y, Y.1, Y.2, Y.3, Y.4, and Y.5 under seal filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 201
MINUTES OF Scheduling Conference held before Judge John A. Kronstadt. Final Pretrial Conference, Status Conference re Exhibits, Hearing on Motions in Limine set for August 29, 2016 03:00 PM before Judge John A. Kronstadt. Jury Trial set for September 20, 2016 09:00 AM before Judge John A. Kronstadt. Court Reporter: Alex Joko. (ah)
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Filing 200
NOTICE Withdrawing as Moot Prior Request [Dkt. 199] for Telephonic Appearance filed by Counterclaim Plaintiffs Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 199
[WITHDRAWN PER DKT. #200 ) NOTICE Request to the Court to Appear Telephonically at the April 25 Scheduling Conference filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo, #2 Proposed Order)(Ciardullo, Jean-Paul) Modified on 4/20/2016 (ake).
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Filing 198
NOTICE regarding Settlement Conference pursuant to Order at Dkt. 189 filed by Counterclaimant Herman Miller, Inc.. and Counterdefendants (Ciardullo, Jean-Paul)
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Filing 197
MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. The partieswere unable to reach a settlement. (kca)
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Filing 196
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: The court andcounsel conferred regarding sharing certain protected information prior to the settlement conference.Court Recorder: XTR Recorder. (kca)
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Filing 195
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: The courtand counsel conferred regarding various discovery issues, the resolution of which matters was stated on the record.Court Recorder: XTR Recorder. (kca)
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Filing 194
ORDER RE COUNTERCLAIM-DEFENDANTS' EIDENTIARY OBJECTIONS TO THE DECLARATION OF JEAN-PAUL CIARDULLO IN SUPPORT OF HERMAN MILLER, INC.'S OPPOSITION TO COUNTERCLAIM-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by Judge John A. Kronstadt. See Order for Specifics. (bp)
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Filing 193
ORDER RE EVIDENTIARY OBJECTIONS TO THE DECLARATION OF JEAN-PAUL CIARDULLO UNDER FED.R.CIV.P.RULE 56(D) by Judge John A. Kronstadt. IT IS HEREBY ORDERED that Counterclaim-Defendants' evidentiary objections are respectively sustained or overruled, as indicated in the "Ruling" column. See Order for Specifics. (bp)
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Filing 192
MINUTES (IN CHAMBERS) ORDER RE PLAINTIFF/COUNTERCLAIM-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (DKT. 124) by Judge John A. Kronstadt: The Motion is GRANTED IN PART and DENIED IN PART. The Motion is GRANTED as to Office Star's assertion that Herman Miller may not recover a monetary award for its UCL Counterclaims. The Motion is DENIED as to all other issues. See Civil Minutes for Specifics. (bp)
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Filing 191
Notice: Telephone conference set for Thursday, March 31, 2016 at 11:00 a.m. clerk will provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY Modified on 3/28/2016 (kca).
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Filing 190
MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Setting Further Settlement Conference. On October 5, 2015, the magistrate judge held an initial settlement conference with counsel and the parties in this case; no settlement was reached. In accordance with the March 3, 2016 Order Granting Joint Stipulation on Case Deadlines, the court now sets a further settlement conference for April 7, 2016 at 9:30 a.m., in Courtroom 4 of theUnited States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR FURTHER DETAILS). (kca)
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Filing 189
ORDER GRANTING JOINT STIPULATION ON CASE DEADLINES by Judge John A. Kronstadt. Having considered the parties' stipulation, the Court hereby modifies the case schedule as follows: The parties shall schedule the April 7, 2016 date with Judge Pym for a further settlement conference, if such has not already been scheduled. If a settlement is reached, counsel shall file a notice of settlement by April 14, 2016, which shall include a proposed date by which a dismissal will be filed. If a settlement is not reached, counsel shall file a status report by April 14, 2016, which shall address: (i) whether the parties believe a further session would be productive and, if so, a proposed date; and/or (ii) whether direct settlement discussions are ongoing and, if so, when they are expected to conclude. A Post Mediation Status Conference is set for April 25, 2016 at 1:30 p.m. That conference may go off calendar based on the contents of the status report to be filed in conformance with Paragraph 1 of this Order. The April 11, 2016 Final Pretrial Conference and Status Conference re Disputed Exhibits and April 26, 2016 Jury Trial are vacated. A Trial Setting Conference is set for April 25, 2016 at 1:30 p.m. at which time the Court will reschedule the Final Pretrial Conference and Jury Trial if the case will go forward. (bp)
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Filing 188
Preliminary L.R. 16-2.3 Exhibit List filed by Counterclaim Plaintiff Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 187
Witness List filed by Counterclaim Plaintiff Herman Miller, Inc... (Ciardullo, Jean-Paul)
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Filing 186
Joint STIPULATION to Continue LR 16-2 Conference and Motions in Limine from March 2 and March 21 to 5 days after ruling on Summary Judgment for LR 16-2 Conference, and 7 days after that for Motions in Limine filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 185
OBJECTIONS to Declaration, #153 of Jean-Paul Ciardullo under Rule 56(d) filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 184
OBJECTIONS to Declaration,,,,,,,, #164 filed by Counter Defendant Blumenthal Distributing, Inc., Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 183
NOTICE OF LODGING filed re Order on Motion for Summary Adjudication,,,,, Order on Motion for Summary Judgment,,,,, Motion Hearing,,,,, Status Conference,,,, #181 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ciardullo, Jean-Paul)
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Filing 182
(IN CHAMBERS) ORDER RE COUNTERCLAIM-DEFENDANTS' FAILURE TO ADHERE TO COURT'S STANDING ORDER RE THE PREPARATION OF EVIDENTIARY OBJECTIONS (DKT. #175 , #176 ) by Judge John A. Kronstadt: The Court has received Counterclaim-Defendants' Evidentiary Objections to the Declarations of Jean-Paul Ciardullo. However, the proposed orders that were lodged do not comply with the Court's Standing Orders. S.O., p. 16 (iii)(d). Counterclaim-Defendants' shall re-lodge proposed orders that conform to Exhibit G of the Standing Orders by February 26, 2016 at 12:00 p.m. #175 , #176 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc1, ) TEXT ONLY ENTRY
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Filing 180
NOTICE OF LODGING filed pursuant to the instructions of the Hon. John A. Kronstadt re documents utilized at the hearing held on February 22, 2016 re NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 (Attachments: #1 HM August 7, 2015 Articulation of Trade Dress Claims, #2 HM October 23, 2015 Articulation of Trade Dress, #3 Blumenthal PowerPoint Slides re Aeron and Eames Functionality, #4 Aeron Chairs Brochure, #5 HM PTO Response-Aeron, #6 HM PTO Response-Eames)(Dillard, David)
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Filing 181
MINUTES OF PLAINTIFF/COUNTERCLAIM-DEFENDANT'S MOTION FOR SUMMARY JUDGMENT #124 ; TRIAL SETTING CONFERENCE and STATUS CONFERENCE RE SETTLEMENT held before Judge John A. Kronstadt: The motion hearing is held. The Court states its tentative view that it does not find a sufficient showing for the need to conduct further discovery. Counsel address issues raised by the Court with respect to Plaintiff/Counterclaim-Defendant's Motion for Summary Judgment (the "Motion"). The Court takes the Motion UNDER SUBMISSION and will issue a ruling. Counsel shall lodge their respective demonstrative exhibits and/or presentation materials no later than February 26, 2016. The trial setting conference and status conference are held. The Court directs the parties to confer and contact the Clerk by February 24, 2016 to inform her of the parties' availability during the week of March 21, 2016 for a settlement conference with Judge Sheri Pym. Upon the determination of Judge Pym's schedule for a further settlement conference, the Court will address whether it will continue any pretrial or trial dates. Court Reporter: Alex Joko. (pso)
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Filing 179
SUPPLEMENTAL DECLARATION OF DAVID A. DILLARD ATTACHING COPIES OF EXHIBITS BB AND CC TO THE DECLARATION OF DAVID A. DILLARD DATED JANUARY 11, 2016 re NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit BB to the Declaration of David A. Dillard Dated January 11, 2016, #2 Exhibit CC to the Declaration of David A. Dillard Dated January 11, 2016)(Dillard, David)
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Filing 178
ORDER by Judge John A. Kronstadt, GRANTING Joint STIPULATION for Consideration of Permission to File Exhibits BB and CC to the Declaration of David A. Dillard Filed on January 11, 2016, #177 . The Court hereby grants the request to publicly file Exhibits BB and CC to the Declaration of David A. Dillard on or before February 12, 2016. (shb)
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Filing 177
Joint STIPULATION for Consideration of Permission to File Exhibits BB and CC to the Declaration of David A. Dillard Filed on January 11, 2016 filed by Plaintiff/Counterclaim-Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 176
Evidentiary Objections to the Declaration of Jean-Paul Ciardullo Under Fed. R. Civ. P. Rule 56(D) re: NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 175
Evidentiary Objections to the Declaration of Jean-Paul Ciardullo iso Herman Miller Inc.'s Opposition to Counterclaim Defendants' Motion for Summary Judgment re: NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 174
STATEMENT of Response to Herman Miller, Inc.'s Statement of Additional Facts NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 173
DECLARATION of Eddie Mora in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 172
DECLARATION of David A. Dillard in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit LL, #2 Exhibit MM, #3 Exhibit NN, #4 Exhibit OO, #5 Exhibit PP)(Dillard, David)
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Filing 171
REPLY in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 170
NOTICE OF LODGING filed re MEMORANDUM in Opposition to Motion #154 (Attachments: #1 Proof of Service)(Ciardullo, Jean-Paul)
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Filing 169
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: A Telephonic Conference was held in this matter on February 3, 2016. The courtand counsel conferred. For the reasons discussed during the conference, the court authorized Herman Miller to effect a variation of substitute service of a subpoena on third party Juan Monsivais, namely, Herman Miller may serve Mr. Monsivais with the subpoena by email. Although not stated during the conference, the court further directs Herman Miller to mail the subpoena to Mr. Monsivais at his residence, following any email service.Court Recorder: XTR RECORDER. (kca)
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Filing 168
SEALED DOCUMENT re Declaration #159 , Order on Motion for Leave to File Document Under Seal, #166 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A to Hogan Declaration Filed Under Seal, #2 Exhibit B to Hogan Declaration Filed Under Seal)(Ciardullo, Jean-Paul)
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Filing 167
SEALED DOCUMENT re Declaration,,,,,,,, #164 , Order on Motion for Leave to File Document Under Seal, #166 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit 74 to Ciardullo Decl. Filed Under Seal, #2 Exhibit 75 to Ciardullo Decl. Filed Under Seal)(Ciardullo, Jean-Paul)
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Filing 166
ORDER GRANTING APPLICATION TO FILE UNDER SEAL EXHIBITS 74 AND 75 TO THE DECLARATION OF JEAN-PAUL CIARDULLO and EXHIBITS A AND B TO THE DECLARATION OF PATRICK HOGAN IN SUPPORT OF HERMAN MILLER, INC.'S OPPOSITION TO COUNTERCLAIM DEFENDANTS'MOTION FOR SUMMARY JUDGMENT by Judge John A. Kronstadt #151 . (pso)
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Filing 165
NOTICE OF ERRATA filed by Counter Claimant Herman Miller, Inc.. correcting MEMORANDUM in Opposition to Motion #154 (Attachments: #1 Memorandum replacing Dkt. 154)(Ciardullo, Jean-Paul)
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Filing 164
DECLARATION of Jean-Paul Ciardullo re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23, #22 Exhibit 24, #23 Exhibit 25, #24 Exhibit 26, #25 Exhibit 27, #26 Exhibit 28, #27 Exhibit 29, #28 Exhibit 30, #29 Exhibit 31, #30 Exhibit 32, #31 Exhibit 33, #32 Exhibit 34, #33 Exhibit 35, #34 Exhibit 36, #35 Exhibit 37, #36 Exhibit 38, #37 Exhibit 39, #38 Exhibit 40, #39 Exhibit 41, #40 Exhibit 42, #41 Exhibit 43, #42 Exhibit 44, #43 Exhibit 45, #44 Exhibit 46, #45 Exhibit 47, #46 Exhibit 48, #47 Exhibit 49, #48 Exhibit 50, #49 Exhibit 51, #50 Exhibit 52, #51 Exhibit 53, #52 Exhibit 54, #53 Exhibit 55, #54 Exhibit 56, #55 Exhibit 57, #56 Exhibit 58, #57 Exhibit 59, #58 Exhibit 60, #59 Exhibit 61, #60 Exhibit 62, #61 Exhibit 63, #62 Exhibit 64, #63 Exhibit 65, #64 Exhibit 66, #65 Exhibit 67, #66 Exhibit 68, #67 Exhibit 69, #68 Exhibit 70, #69 Exhibit 71, #70 Exhibit 72, #71 Exhibit 73, #72 Exhibit 74, #73 Exhibit 75, #74 Exhibit 76-1, #75 Exhibit 76-2, #76 Exhibit 76-3, #77 Exhibit 76-4, #78 Exhibit 76-5, #79 Exhibit 76-6, #80 Exhibit 76-7, #81 Exhibit 76-8, #82 Exhibit 76-9, #83 Exhibit 76-10, #84 Exhibit 76-11, #85 Exhibit 76-12, #86 Exhibit 76-13, #87 Exhibit 76-14, #88 Exhibit 76-15, #89 Exhibit 77-1, #90 Exhibit 77-2, #91 Exhibit 77-3, #92 Exhibit 77-4, #93 Exhibit 77-5, #94 Exhibit 77-6, #95 Exhibit 77-7, #96 Exhibit 77-8, #97 Exhibit 77-9, #98 Exhibit 77-10, #99 Exhibit 77-11, #100 Exhibit 77-12, #101 Exhibit 77-13, #102 Exhibit 77-14, #103 Exhibit 77-15, #104 Exhibit 77-16)(Ciardullo, Jean-Paul)
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Filing 163
DECLARATION of Jean-Paul Ciardullo re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 162
DECLARATION of William Steffin re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ciardullo, Jean-Paul)
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Filing 161
DECLARATION of Kimberly Shaw re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ciardullo, Jean-Paul)
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Filing 160
DECLARATION of Casey Bond re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciardullo, Jean-Paul)
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Filing 159
DECLARATION of Patrick Hogan re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciardullo, Jean-Paul)
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Filing 158
DECLARATION of John Berry re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A)(Ciardullo, Jean-Paul)
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Filing 157
DECLARATION of Robert Anders re MEMORANDUM in Opposition to Motion #154 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Ciardullo, Jean-Paul)
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Filing 156
STATEMENT Additional Facts filed by Counter Claimant Herman Miller, Inc. re: MEMORANDUM in Opposition to Motion #154 . (Ciardullo, Jean-Paul)
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Filing 155
STATEMENT Disputed Facts filed by Counter Claimant Herman Miller, Inc. re: MEMORANDUM in Opposition to Motion #154 . (Ciardullo, Jean-Paul)
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Filing 154
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 153
DECLARATION of Jean-Paul Ciardullo under Rule 56(d) re NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 152
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document Exhibits 74 and 75 to Ciardullo Decl and Exhibits A and B to Hogan under seal #151 filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Unredacted Document Ex. 74 to Ciardullo Decl., #2 Unredacted Document Ex. 75 to Ciardullo Decl., #3 Unredacted Document Ex. A to Hogan Decl., #4 Unredacted Document Ex. B to Hogan Decl.)(Ciardullo, Jean-Paul)
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Filing 151
APPLICATION to file document Exhibits 74 and 75 to Ciardullo Decl and Exhibits A and B to Hogan under seal filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 150
NOTICE of Manual Filing filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. of Exhibit C to the Declaration of Kimberly N. Shaw. (Attachments: #1 Proof of Service)(Ciardullo, Jean-Paul)
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Filing 149
ORDER GRANTING IN PART EX PARTE APPLICATION FOR CLARIFICATION OF SUMMARY JUDGMENT SCOPE AND DEADLINES by Judge John A. Kronstadt: #138 . the application is GRANTED IN PART. Thus, it is granted on the conditionthat the continuance will permit the parties to present all summary judgment issues underthe revised schedule, and that a second motion will not, as previously planned, be filed onFebruary 12, 2016, and set for a hearing on April 4, 2016.The following briefing schedule is adopted with respect to the pending motion:(1) Herman Miller will not move to strike any portion of the motion for summaryjudgment filed by Office Star on January 11, 2016 ((Motion (Dkt. 124)) on the groundthat it raises issues beyond those regarding enforceability of Herman Millers tradedress under the January 6 stipulated Order (Dkt. 121).(2) Herman Miller will file its Opposition to the entire Motion on January 29,2016.(3) Counterclaim Defendants will file their Reply on February 5, 2016.(4) The hearing on the Motion remains set for February 22, 2016 at 8:30 a.m.(5) Herman Miller will not file its previously planned motion for summary judgment. Accordingly, the April 4, 2016 motion hearing is taken off calendar.There will be no further continuances, absent showing of compellingcircumstances that could not reasonably have been anticipated. (bp)
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Filing 148
REPLY in Support of EX PARTE APPLICATION to CLARIFY Order,,,,, Set/Reset Deadlines/Hearings,,,, #121 #138 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo (Supplemental))(Ciardullo, Jean-Paul)
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Filing 147
(IN CHAMBERS) ORDER SETTING STATUS CONFERENCE RE SETTLEMENT by Judge John A Kronstadt: The Court has reviewed the parties' Joint Status Report re Settlement (Dkt. #142 ) and sets a Status Conference for February 22, 2016 at 8:30 a.m. Counsel shall be prepared to discuss the agreed upon settlement method and a date by which the parties believe mediation will be completed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 146
DECLARATION of David A. Dillard (Tenth Supplemental Declaration re Status of the Repair of Office Star's Email Archive System) filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 145
OPPOSITION in opposition to re: EX PARTE APPLICATION to CLARIFY Order,,,,, Set/Reset Deadlines/Hearings,,,, #121 #138 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration Edward R. Schwartz in support of Opposition)(Dillard, David)
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Filing 144
NOTICE of Change of Attorney Business or Contact Information: for attorney David A Dillard counsel for Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. Changing firm name to Lewis Roca Rothgerber Christie LLP. Changing e-mail to ddillard@lrrc.com. Filed by plaintiff Blumenthal Distributing, Inc., etc., et al.. (Dillard, David)
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Filing 143
NOTICE of Change of Attorney Business or Contact Information: for attorney Edward R Schwartz counsel for Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. Changing firm name to Lewis Roca Rothgerber Christie LLP. Changing e-mail to ers@lrrc.com. Filed by plaintiff Blumenthal Distributing, Inc., etc., et al.. (Schwartz, Edward)
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Filing 142
STATUS REPORT on Status of Settlement Discussions filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 141
NOTICE OF LODGING filed pursuant to Order at Dkt. 140 for Proposed Order (previously filed at Dkt. 139 on 1/25/16) re EX PARTE APPLICATION to CLARIFY Order,,,,, Set/Reset Deadlines/Hearings,,,, #121 #138 (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 140
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENT(S) by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Miscellaneous Document, #139 , for the following reasons: Proposed Document was not submitted as separate attachment. Pursuant to L.R. 52-4.1, a proposed order shall be e-filed as a separate attachment to any document seeking Court approval. Counsel shall file a "Notice of Lodging of Proposed Order Re..." with the proposed order e-filed as an attachment to the notice by January 27, 2016.; (bp)
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Filing 139
[STRICKEN PURSUANT TO DOCKET ENTRY #140] Proposed Order for Dkt. 138 filed by Counter Claimant Herman Miller, Inc. (inadvertently omitted from Dkt. 138 filing) re: EX PARTE APPLICATION to CLARIFY Order,,,,, Set/Reset Deadlines/Hearings,,,, #121 #138 (Ciardullo, Jean-Paul) Modified on 1/27/2016 (bp).
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Filing 138
EX PARTE APPLICATION to CLARIFY Order,,,,, Set/Reset Deadlines/Hearings,,,, #121 filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Memorandum (Underlying Motion), #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 137
DECLARATION of David A. Dillard (Ninth Supplemental re Status of the Repair of Office Star's Email Archive System) filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 136
ORDER GRANTING JOINT STIPULATION FOR LIMITED ADDITIONAL DISCOVERY by Judge John A. Kronstadt. Refer to the Court's order for details. (pso)
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Filing 135
Joint STIPULATION File Parties' Consent to Publicly File Documents in Response to Order at Dkt. 132 re prior application to file Under Seal filed by Counterclaim Plaintiff Herman Miller, Inc..(Ciardullo, Jean-Paul)
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Filing 134
Joint STIPULATION for Discovery as to Office Star's Email System, Seeking Addition to the Case Schedule to Permit the Requested Discovery filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 133
DECLARATION of David A. Dillard (Eighth Supplemental Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 132
ORDER DENYING COUNTERCLAIM DEFENDANTS' APPLICATION TO FILE CONFIDENTIAL DOCUMENTS UNDER SEAL (130) by Judge John A. Kronstadt: See Order For Specifics. (bp)
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Filing 131
DECLARATION of David A. Dillard (Seventh Supplemental Re Status of the Repair of Office Star's Email Archive System) filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 130
APPLICATION to file document EXHIBITS under seal filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard, #2 Proposed Order)(Dillard, David)
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Filing 129
DECLARATION of David A. Dillard in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG, #34 Exhibit HH, #35 Exhibit II, #36 Exhibit JJ, #37 Exhibit KK)(Dillard, David)
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Filing 128
DECLARATION of Richard Blumenthal in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 127
DECLARATION of Fred Rueda in support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 126
NOTICE OF LODGING filed re NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 (Attachments: #1 Proposed Statement of Uncontroverted Facts)(Dillard, David)
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Filing 125
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Summary Adjudication NOTICE OF MOTION AND MOTION for Summary Judgment #124 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 124
NOTICE OF MOTION AND MOTION for Summary Adjudication , NOTICE OF MOTION AND MOTION for Summary Judgment filed by Plaintiff/Counterclaim Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. Motion set for hearing on 2/22/2016 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Proposed Order) (Dillard, David)
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Filing 123
NOTICE of Change of Attorney Business or Contact Information: for attorney Edward R Schwartz counsel for Plaintiff Blumenthal Distributing, Inc.. Changing firm name to LEWIS ROCA ROTHGERGER CHRISTIE LLP. Changing e-mail to eschwartz@lrrc.com. Filed by plaintiff Edward R. Schwartz. (Schwartz, Edward)
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Filing 122
NOTICE of Change of Attorney Business or Contact Information: for attorney David A Dillard counsel for Plaintiff Blumenthal Distributing, Inc.. Changing firm name to LEWIS ROCA ROTHGERGER CHRISTIE LLP. Changing e-mail to ddillard@lrrc.com. Filed by Plaintiff David A. Dillard. (Dillard, David)
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Filing 121
ORDER ON SECOND JOINT STIPULATION TO EXTEND MOTIONS DEADLINE IN RESPONSE TO EX PARTE MOTION (DKT. 102) by Judge John A. Kronstadt, re Stipulation to Continue, #119 . the request is hereby GRANTED as follows:(1) The existing February 22, 2016 hearing date shall be kept on calendar forpurposes of Blumenthal Distributing, Inc. (Office Star) Office Stars contemplatedmotion concerning the enforceability of Herman Miller, Inc.s (Herman Miller) tradedress; provided, however, under that schedule that motion shall be filed on or beforeJanuary 11, 2016 as contemplated by the pre-existing case calendar, and subject to theCourts disposition of any pleading under Fed. R. Civ. P. 56(d) that may be made byHerman Miller concerning the motion;(2) The deadline for filing of other motions shall be continued from January 11,2016 to February 12, 2016, with the date for hearing any such motion to be set for April4, 2016 at 8:30 a.m.;(3) A Trial Setting Conference is set for February 22, 2016 at 8:30 a.m. todetermine whether additional motions will be heard on April 4, 2016, and whether theApril 11, 2016 Final Pretrial Conference and April 26, 2016 Trial dates will be changed;and(4) No other case deadlines are modified. (bp)
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Filing 120
DECLARATION of David A. Dillard (Sixth Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 119
Joint STIPULATION to Continue Motions Filing Deadline from 01/11/2016 to 02/12/2016 Re: EX PARTE APPLICATION to Enforce Prior Orders (Dkts. 86 and 98) #102 filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 118
DECLARATION of David A. Dillard (Fifth Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 117
DECLARATION of David A. Dillard (Fourth Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 116
ORDER GRANTING JOINT STIPULATION TO EXTEND MOTIONS DEADLINE IN RESPONSE TO EX PARTE MOTION (DKT. 102) by Judge John A. Kronstadt, re Stipulation for Extension of Time to File #114 . the Court continues the following deadlines:January 11, 2016: Last date to file motion for summaryJudgmentJanuary 25, 2016: Response to motion for summary judgmentFebruary 1, 2016: Reply to motion for summary judgmentFebruary 22, 2016 at 8:30 a.m.: Motion for Summary Judgment and last dayto hear all motions, including discoverymotionsMarch 14, 2016: Anticipated rulingMarch 21, 2016: Last day to file motions in limineMarch 28, 2016: Last day to file all pretrial documents;replies to motions in limineApril 11, 2016 at 3:00 pm: Final Pretrial ConferenceApril 26, 2016 at 9:00 am: Jury Trial (est. tbd)Good cause appearing as set forth in the Joint Stipulation, the request is herebyGRANTED. (bp)
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Filing 115
DECLARATION of David A. Dillard (Third Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 114
Joint STIPULATION for Extension of Time to File Motions (Summary Judgment and Other) in light of Ex Parte Application [Dkt. 102] filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 113
MINUTES OF A Telephonic Conference was held in this matter on December 14, 2015. Thecourt and counsel conferred regarding Office Stars software update and case deadlines.Court Recorder: XTR RECORDER. (kca)
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Filing 112
DECLARATION of David A. Dillard (Second Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 110
DECLARATION of David A. Dillard (Supplemental) Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 111
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: A Telephonic Conference was held in this matter on December 4, 2015. The courtand counsel conferred. Plaintiff shall continue to provide weekly status reports on Tuesday and Friday regarding Office Stars software update to repair its email system and completion of its production obligations.If the parties wish to set a further telephonic conference they may contact theMagistrate Judges Court Clerk.Court Recorder: XTR RECORDER. (kca)
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Filing 109
SCHEDULING NOTICE by Magistrate Judge Sheri Pym. Telephone Conference set for Friday, December 4, 2015 at 11:00 a.m. The clerk will provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
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Filing 108
ORDER REFERRING DEFENDANT'S EX PARTE APPLICATION REGARDING ITS ATTACHED MOTION TO ENFORCE COURT'S DISCOVERY ORDERS by Judge John A. Kronstadt. Having considered the Application, IT IS HEREBY ORDERED that the Application and attached motion is REFERRED to Judge Pym for her determination. Refer to the Court's order for details. #98 , #86 , #102 (pso)
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Filing 107
NOTICE OF FILING TRANSCRIPT filed for proceedings 7/20/2015 at 9:36 a.m. re Transcript #106 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Ponce, Myra) TEXT ONLY ENTRY
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Filing 106
TRANSCRIPT for proceedings held on 7/20/2015 at 9:36 a.m. Court Reporter/Electronic Court Recorder: Myra Ponce, e-mail address myraponce@sbcglobal.net. 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 12/23/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 3/1/2016. (Ponce, Myra)
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Filing 105
DECLARATION of David A. Dillard Re Status of the Repair of Office Star's Email Archive System filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 104
REPLY in support of EX PARTE APPLICATION to Enforce Prior Orders (Dkts. 86 and 98) #102 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 103
MEMORANDUM in Opposition to EX PARTE APPLICATION to Enforce Prior Orders (Dkts. 86 and 98) #102 and to Extend Case Deadlines if Necessary filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Declaration of David A. Dillard)(Dillard, David)
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Filing 102
EX PARTE APPLICATION to Enforce Prior Orders (Dkts. 86 and 98) filed by Counterclaim Plaintiff Herman Miller, Inc.. (Attachments: #1 Memorandum in Support of Underlying Motion, #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Declaration of Bradley Maryman, #7 Exhibit A, #8 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 101
STATUS REPORT of the parties regarding Settlement filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 100
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym. No settlement has been reached, and it appears further settlement discussions at this time would not be fruitful. The court advised counsel to file an updated status report regarding settlement discussions. Counsel was advised to contact the clerk should they wish to schedule an additional settlement conference. Court Recorder: XTR Recorder. (mrgo)
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Filing 99
(IN CHAMBERS) ORDER TAKING POST MEDIATION STATUS CONFERENCE OFF CALENDAR by Judge John A Kronstadt: The Court has reviewed the parties' Joint Submission Regarding Settlement Status (Dkt. #97 ) and directs the parties to file an updated status report regarding settlement on or before January 25, 2016, or upon the conclusion of the parties' settlement efforts, whichever is to occur first. The Court takes the November 9, 2015 Post Mediation Status Conference off calendar and will determine whether to reschedule it upon review of the parties' updated report. The report shall not disclose the substantive contents of any settlement discussions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 98
ORDER GRANTING JOINT STIPULATION OF HERMAN MILLER, INC. AND BLUMENTHAL DISTRIBUTING, INC. CONCERNING OUTSTANDING DISCOVERY DISPUTES by Judge John A. Kronstadt, re Stipulation for Leave #96 . See Order For Specifics. (bp)
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Filing 97
STATUS REPORT of the Parties Regarding Settlement Discussions filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 96
Joint STIPULATION for Leave to Conduct Additional Discovery filed by Defendants Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 95
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: The courtand counsel conferred regarding the status of settlement discussions. The court sets a further telephone conference on Wednesday, November 18, 2015 at 2:00 p.m.Court Recorder: XTR RECORDER. (kca)
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Filing 94
MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Granting Request to Quash Taiwan Subpoenas (SEE ORDER FOR DETAILS). (kca)
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Filing 93
BRIEF filed by Defendants Herman Miller, Inc.. In Support of Service upon Office Star's Taiwanese Manufacturers regarding Telephone Conference,, #91 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Ciardullo, Jean-Paul)
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Filing 92
MEMORANDUM of Points and Authorities in Support filed by Plaintiff Blumenthal Distributing, Inc.. Re: Telephone Conference,, #91 (Schwartz, Edward)
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Filing 91
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym:The courtand counsel conferred regarding three discovery matters in dispute. The parties largely reached agreement on how to proceed on two of the matters, as stated on the record. As to the third matter regarding whether the service of subpoenas on third parties in Taiwan was proper, the parties shall file brief memoranda setting forth their respective positions on or before the morning of October 22, 2015.Court Recorder: CS RS-4 10/20/15. (kca)
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Filing 90
(IN CHAMBERS) ORDER CONTINUING POST MEDIATION STATUS CONFERENCE by Judge John A Kronstadt: The Court has reviewed the parties' Joint Submission Regarding Settlement Conference (Dkt. #89 ) and continues the Status Conference from October 19, 2015 to November 9, 2015 at 1:30 p.m. Counsel shall file an updated report on their settlement efforts no later than October 30, 2015. The report shall not disclose the substantive contents of any settlement discussions between the parties. Upon review of the report, the Court will determine if the November 9, 2015 hearing is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 89
JOINT SUBMISSION REGARDING SETTLEMENT CONFERENCE filed by Defendant Herman Miller, Inc., Counter Claimant Herman Miller, Inc. re: Order, Set/Reset Hearing #67 (Ciardullo, Jean-Paul)
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Filing 88
MINUTE ORDER by Magistrate Judge Sheri Pym: INFORMAL DISCOVERY CONFERENCE (SEE MINUTES FOR DETAILS). (kca)
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Filing 87
MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. The partieswere unable to reach a settlement. The court will hold a follow-up telephonic conference on Monday, October 26, 2015 at 1:30 p.m. (kca)
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Filing 86
MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part and Denying in Defendants Motion to Compel #79 (SEE ORDER FOR DETAILS). (kca)
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Filing 85
SUPPLEMENT to MOTION to Compel Further Document Production, Amended Interrogatory Responses and Rule 26(a) Disclosures [JOINT LR 37-2 SUBMISSION] #79 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Affidavit of Jean-Paul Ciardullo, #2 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 84
ORDER by Judge John A. Kronstadt: GRANTING IN PART #68 Motion for Extension of Time to Complete Discovery. It is hereby ordered that the following new deadlines are established: October 23, 2015: Non-Expert Discovery Cut-OffNovember 2, 2015: Initial Expert Disclosures; November 16, 2015 Rebuttal Expert Disclosures; December 7, 2015: Expert Discovery Cut-Off. (shb)
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Filing 83
MINUTES OF Telephone Conference held before Magistrate Judge Sheri Pym: Thecourt and counsel conferred. The Settlement Conference shall remain as set for October 5, 2015 at 9:30 a.m. The parties are ordered to further meet and confer on defendants Motion to Compel #79 and file supplemental briefs on or before September 21, 2015. The hearing set for September 22, 2015 is continued to Friday, September 25, 2015 at 10:00 a.m. The parties may appear telephonically.Court Recorder: XTR RECORDER. (kca)
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Filing 82
SUPPLEMENT to MOTION to Compel Further Document Production, Amended Interrogatory Responses and Rule 26(a) Disclosures [JOINT LR 37-2 SUBMISSION] #79 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Declaration of Jean-Paul Ciardullo)(Ciardullo, Jean-Paul)
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Filing 81
(IN CHAMBERS) ORDER RE NOTICE OF AMENDED CONSOLIDATED STANDING ORDERS by Judge John A. Kronstadt: Counsel are advised that on September 11, 2015, the Court amended its Standing Orders. Counsel shall obtain a copy of the Orders by referring to this Court's Procedures and Schedules found on the website for the United States District Court (www.cacd.uscourts.gov).THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cr) TEXT ONLY ENTRY
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Filing 80
SUPPLEMENT to EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 IDENTIFYING NEW FACTS filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Affidavit of Jean-Paul Ciardullo)(Ciardullo, Jean-Paul)
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Filing 79
NOTICE OF MOTION AND MOTION to Compel Further Document Production, Amended Interrogatory Responses and Rule 26(a) Disclosures [JOINT LR 37-2 SUBMISSION] filed by Counterclaim-Plaintiff Herman Miller, Inc.. Motion set for hearing on 9/22/2015 at 10:00 AM before Magistrate Judge Sheri Pym. (Attachments: #1 Exhibit Existing Case Schedule per LR 37-2)(Ciardullo, Jean-Paul)
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Filing 78
MINUTES (IN CHAMBERS) by Magistrate Judge Sheri Pym: Order Granting in Part and Denying in Part Ex Parte Application to Expedite Motion to Compel #69 (SEE ORDER FOR DETAILS). (kca)
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Filing 77
Notice: Telephone Conference before Magistrate Judge Pym set for Tuesday, September 15, 2015 at 3:00 p.m. the clerk will provide call-in information. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kca) TEXT ONLY ENTRY
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Filing 76
REPLY in Support of EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel #69 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 75
REPLY in Support of EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 filed by Counter Claimant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 74
DECLARATION of FRED RUEDA IN OPPOSITION TO EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 , EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel #69 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 73
DECLARATION of EDWARD R. SCHWARTZ IN OPPOSITION TO EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 , EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel #69 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 72
DECLARATION of DAVID A. DILLARD IN OPPOSITION TO EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 , EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel #69 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 71
OPPOSITION re: EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel #69 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 70
OPPOSITION re: EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 #68 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, Plaintiff Blumenthal Distributing, Inc.. (Attorney David A Dillard added to party FRIS OFFICE OUTFITTERS, INC.(pty:cd), Attorney David A Dillard added to party GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM(pty:cd))(Dillard, David)
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Filing 69
EX PARTE APPLICATION to Shorten Time for Hearing to TBD Expedite Pending Motion to Compel filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Mtn, #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 68
EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 11/30/2015 filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Mtn to Extend, #2 Declaration of Jean-Paul Ciardullo, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proposed Order) (Ciardullo, Jean-Paul)
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Filing 67
ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym. (Settlement Conference set for 10/5/2015 at 09:30 AM before Magistrate Judge Sheri Pym.) (mrgo)
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Filing 66
ORDER by Judge John A. Kronstadt GRANTING JOINT STIPULATION TO CONTINUE THE SETTLEMENT CONFERENCE CUT OFF DATE #64 . Before the Court is the parties' joint stipulation to modify the prior order at Docket No. 61 by extending the date to conduct a settlement conference with the Magistrate Judge until October 5, 2015. The Court sets a Post-Mediation Status Conference for October 19, 2015 at 1:30 p.m. Refer to the Court's order for details. (pso)
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Filing 65
ANSWER to Counterclaim, #40 filed by Counterclaim Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM.(Schwartz, Edward)
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Filing 64
Joint STIPULATION to Continue Settlement Conference from 9/4/2015 to 10/5/2015 filed by Counterclaim-Plaintiff Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 63
STIPULATED PROTECTIVE ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca)
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Filing 62
MINUTES (IN CHAMBERS) by Judge John A. Kronstadt: DENYING IN PART, GRANTING IN PART #52 MOTION to Dismiss Counterclaims for False Designation of Origin, Fair Competition, Dilution and False Advertising. (See order for details). (shb)
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Filing 61
MINUTES OF PLAINTIFF/COUNTERDEFENDANT'S MOTION TO DISMISS COUNTERCLAIMS FOR FALSE DESIGNATION OF ORIGIN, FAIR COMPETITION, DILUTION AND FALSE ADVERTISING (DKT. 52) held before Judge John A. Kronstadt: The motion hearing is held. The Court states its tentative views and is inclined to deny Plaintiff/Counterdefendant's Motion to Dismiss Counterclaims (the "Motion"). Counsel address the Court. The Court takes the motion under submission. A written ruling will issue. Court and counsel further confer regarding discovery requests related to specifying the trade dress features at issue. Plaintiff shall propound written interrogatories on Defendant on or before July 24, 2015,which are narrowly tailored to address the specific issues addressed in the Motion, i.e., requesting identification of the specific features of Office Stars products and how Herman Miller alleges these features infringe on Herman Millers trade dress. Defendant shall serve its response to these interrogatories on or before August 7, 2015. Counsel shall work collaboratively to seek to expedite this process, including by an informal resolution of discovery issues. At their request, the parties are referred to Magistrate Judge Sheri Pym for a settlement conference, which is to be completed by September 4, 2015. The Courts clerk will contact Magistrate Pym's clerk andthen advise counsel that they should contact Judge Pym's clerk to set a time and date for the Conference that is convenient to Judge Pym. The parties are ordered to have a representative with authority to make final decisions as to this matter, present at the settlement conference, and to provide to Judge Pym any briefing or other materials that she specifies. IT IS SO ORDERED.Court Reporter: Myra Ponce. (cr)
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Filing 60
STIPULATION for Protective Order filed by plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 59
MINUTE ORDER IN CHAMBERS by Magistrate Judge Sheri Pym: Declining to Adopt Proposed Protective Order (SEE ORDER FOR DETAILS). (kca)
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Filing 58
STIPULATION for Protective Order filed by plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Proposed Order)(Dillard, David)
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Filing 57
(IN CHAMBERS) ORDER CONTINUING PLAINTIFF/COUNTERDEFENDANTS MOTION TO DISMISS COUNTERCLAIMS FOR FALSE DESIGNATION OF ORIGIN, FAIR COMPETITION, DILUTION AND FALSE ADVERTISING (DKT. #52 ) AND STATUS CONFERENCE RE SETTLEMENT by Judge John A Kronstadt: The Court, on its own motion, continues the Motion and Status Conference from July 13, 2015 to July 20, 2015 at 8:30 a.m. The briefing with respect to the Motion shall remain.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 56
REPLY in support of MOTION to Dismiss Counterclaims for False Designation of Origin, Unfair Competition, Dilution and False Advertising #52 filed by Counter Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. (Attachments: #1 Declaration of Fred Rueda, #2 Declaration Stacy Goodwin)(Schwartz, Edward)
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Filing 55
(IN CHAMBERS) ORDER SETTING STATUS CONFERENCE RE SETTLEMENT by Judge John A Kronstadt: The Court has reviewed the parties' Joint Settlement Negotiations Statement (Dkt. #53 ) and sets a Status Conference for July 13, 2015 at 8:30 a.m., with the current hearing on the Motion to Dismiss (Dkt. 52). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 54
MEMORANDUM in Opposition to MOTION to Dismiss Counterclaims for False Designation of Origin, Unfair Competition, Dilution and False Advertising #52 filed by Counter Claimant Herman Miller, Inc.. (Attachments: #1 Affidavit of Jean-Paul Ciardullo, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Ciardullo, Jean-Paul)
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Filing 53
NOTICE JOINT REPORT ON STATUS OF SETTLEMENT DISCUSSIONS filed by Defendant/Counterclaim Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 52
NOTICE OF MOTION AND MOTION to Dismiss Counterclaims for False Designation of Origin, Unfair Competition, Dilution and False Advertising filed by Counterclaim Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. Motion set for hearing on 7/13/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Motion, #2 Memorandum)(Schwartz, Edward)
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Filing 51
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John A. Kronstadt: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: MOTION to Dismiss Counterclaims for False Designation of Origin, Unfair Competition, Dilution and False Advertising #50 , for the following reasons: Hearing information is missing, incorrect, or not timely. The motion is set for a day that the Court's calendar is full and, therefore, closed. The motion is stricken. Counsel shall refer to the Court's procedures and schedules found on the USDC Website to obain open motion dates and re-file the motion.; (bp)
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Filing 50
[STRICKEN PURSUANT TO ORDER DATED 5/15] NOTICE OF MOTION AND MOTION to Dismiss Counterclaims for False Designation of Origin, Unfair Competition, Dilution and False Advertising filed by Counterclaim Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. Motion set for hearing on 6/22/2016 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Motion to Dismiss, #2 Memorandum)(Attorney Edward R Schwartz added to party FRIS OFFICE OUTFITTERS, INC.(pty:cd), Attorney Edward R Schwartz added to party GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM(pty:cd))(Schwartz, Edward) Modified on 5/15/2015 (bp).
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Filing 49
NOTICE of Related Case(s) filed by Counterclaim Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM. Related Case(s): None (Schwartz, Edward)
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Filing 48
CORPORATE DISCLOSURE STATEMENT filed by Counter Defendant GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM (Schwartz, Edward)
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Filing 47
CORPORATE DISCLOSURE STATEMENT filed by Counter Defendant FRIS OFFICE OUTFITTERS, INC. (Schwartz, Edward)
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Filing 46
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge John A. Kronstadt: granting #38 Application to Appear Pro Hac Vice by Attorney Jonathan E. Moskin on behalf of Defendant Herman Miller, Inc, designating Jean-Paul Ciardulio as local counsel. (lt)
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Filing 45
21 DAY Summons Issued re Counterclaim, #40 as to Counter-defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM, iFURN.com, INC. D/B/A OFFICESTAR-FURNITURE-DIRECT.COM. (bp)
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Filing 44
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for attorney JONATHAN E. MOSKIN to Appear Pro Hac Vice (PHV FEE NOT PAID.) #38 . The following error(s) was found: Other error(s) with document(s) are specified below: Fee not paid. See LR 83-2.1.3.3(c); No signature on Application. Local counsel did not sign the application. See LR 11-1. See Instructions for Applicants (1) (G-64); Proposed Order is marked Granted with Judges name, when signature line should be blank. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lt)
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Filing 43
Request for Clerk to Issue Summons on Counterclaim, #40 filed by Counterclaim-Plaintiff Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 42
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 41
NOTICE of Interested Parties filed by Counterclaim-Plaintiff Herman Miller, Inc., (Ciardullo, Jean-Paul)
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Filing 40
COUNTERCLAIM against Counterclaim-Defendants Blumenthal Distributing, Inc., FRIS OFFICE OUTFITTERS, INC., iFURN.com, INC. D/B/A OFFICESTAR-FURNITURE-DIRECT.COM, GAMESIS, INC. D/B/A OFFICESTARSTORE.COM and D/B/A TSCSHOPS.COM; JURY DEMAND, filed by Counterclaim-Plaintiff Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Ciardullo, Jean-Paul)
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Filing 39
ANSWER to Amended Complaint, #13 JURY DEMAND. filed by Defendant Herman Miller, Inc..(Ciardullo, Jean-Paul)
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Filing 38
APPLICATION for attorney JONATHAN E. MOSKIN to Appear Pro Hac Vice (PHV FEE NOT PAID.) filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 37
ORDER GRANTING JOINT STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT by Judge John A. Kronstadt: Before the Court is the Parties' Joint Stipulation to Extend the Deadline to Respond to the Complaint until April 24, 2015. Having reviewed the Parties' submission, the Court hereby GRANTS the request. Defendant Herman Miller, Inc.'s deadline to respond to the Compliant shall be April 24, 2015. IT IS SO ORDERED. (cr)
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Filing 36
Joint STIPULATION for Extension of Time to File Answer to April 24, 2015 re Amended Complaint, #13 filed by Defendant Herman Miller, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 35
MINUTES (IN CHAMBERS) ORDER by Judge John A. Kronstadt: DENYING #22 ORDER RE DEFENDANT'S MOTION TO DISMISS FORLACK OF DECLARATORY JUDGMENT JURISDICTION, OR TOTRANSFER. Refer to the Court's order for details. (pso)
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Filing 34
MINUTES OF DEFENDANT'S MOTION TO DISMISS FOR LACK OF DECLARATORYJUDGMENT JURISDICTION, OR TO TRANSFER AND SCHEDULING CONFERENCE held before Judge John A. Kronstadt: The motion hearing is held. The Court states its views that it is inclined to deny Defendant's Motion to Dismiss for Lack of Declaratory Judgment Jurisdiction, or to Transfer (the "Motion"). Counsel address the Court. The Court takes the Motion UNDER SUBMISSION and will issue a ruling. The scheduling conference is held. The Court confers with counsel regarding the status of the case and the parties' March 13, 2015 joint report, and sets the following deadlines: Final Pretrial Conference set for 3/14/2016 at 3:00 p.m. and Jury Trial set for 3/29/2016 at 9:00 a.m. Refer to the document for other trial related dates and deadlines. The Court grants the parties' request to participate in direct settlement discussions. Counsel shall file a joint report by May 22, 2015, regarding the status of settlement and the parties' respective or collective views on whether a settlement conference with Magistrate Judge Pym would be productive. The report shall not include the substantive contents of any settlement discussions between the parties. If a settlement is reached, the parties are ordered to file a notice of settlement, with a proposed date by which the matter will be dismissed. #22 Court Reporter: Alex Joko. (pso) (Main Document 34 replaced on 3/27/2015) (cbr).
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Filing 33
JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 days, filed by Plaintiff Blumenthal Distributing, Inc... (Dillard, David)
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Filing 32
REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 CORRECTED VERSION - SIZE REDUCED TO TEN PAGES - REPLACES PRIOR VERSION filed by Defendant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 31
REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 filed by Defendant Herman Miller, Inc.. (Ciardullo, Jean-Paul)
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Filing 30
ORDER by Judge John A. Kronstadt GRANTING IN PART JOINT STIPULATION TO CONTINUE THE FEB. 23. 2015 SCHEDULING CONFERENCE PENDING RESOLUTION OF HERMAN MILLER, INC.'S MOTION TO DISMISS. It is therefore ORDERED that the stipulation is GRANTED IN PART. The Scheduling Conference, as well as its accompanying deadlines, shall be continued to March 23, 2015 at 8:30 a.m., to be heard with the Motion to Dismiss. The parties Joint Rule 16/26 Report shall be filed on or before March 13, 2015. #26 (pso)
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Filing 29
DECLARATION of David A. Dillard in support of opposition to MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit 1-3)(Dillard, David)
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Filing 28
DECLARATION of Edward R. Schwartz in support of opposition to MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 filed by Plaintiff Blumenthal Distributing, Inc.. (Attachments: #1 Exhibit 1-6)(Dillard, David)
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Filing 27
MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 filed by Plaintiff Blumenthal Distributing, Inc.. (Dillard, David)
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Filing 26
STIPULATION to Continue Scheduling Conference from 2/23/2015 to 2/24/2015 Re: Text Only Scheduling Notice, 25 , MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer #22 filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 25
(IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS FOR LACK OF DECLARATORY JUDGMENT JURISDICTION, OR TO TRANSFER (DKT. #22 ) by Judge John A Kronstadt: The Court, on its own motion, continues the Motion from March 9, 2015 to March 23, 2015 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to the briefing schedule for motions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY
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Filing 24
CORPORATE DISCLOSURE STATEMENT filed by Defendant Herman Miller, Inc. (Ciardullo, Jean-Paul)
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Filing 23
NOTICE of Interested Parties filed by Defendant Herman Miller, Inc., identifying Herman Miller, Blumenthal Distributing, Bed Bath and Beyond, Fris Office Outfitters. (Ciardullo, Jean-Paul)
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Filing 22
NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction , or in the alternative, to Transfer filed by Defendant Herman Miller, Inc.. Motion set for hearing on 3/9/2015 at 08:30 AM before Judge John A. Kronstadt. (Attachments: #1 Affidavit of Marg Mojzak, #2 Affidavit of Jean-Paul Ciardullo, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 21
ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Court sets the following: Scheduling Conference set for February 23, 2015 at 01:30 PM; Joint Report: February 13, 2015. (lom)
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Filing 20
ORDER granting Stipulation to Extend Time to Answer #19 by Judge John A. Kronstadt. IT IS HEREBY ORDERED that the stipulation is GRANTED. A response to the Complaint shall be due by January 23, 2015. (lom)
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Filing 19
STIPULATION for Extension of Time to File Answer to 01/23/2015 re Amended Complaint, #13 filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 18
ORDER GRANTING STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT #17 by Judge John A. Kronstadt. IT IS HEREBY ORDERED that the stipulation is GRANTED. A response to the Complaint shall be due by December 23, 2014. There will be no further continuances. (lom)
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Filing 17
STIPULATION for Extension of Time to File Answer to 12/23/2014 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Herman Miller, Inc.. (Attachments: #1 Proposed Order)(Ciardullo, Jean-Paul)
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Filing 16
Joint STIPULATION Extending Time to Answer the complaint as to Herman Miller, Inc. answer now due 12/5/2014, filed by Defendant Herman Miller, Inc..(Attorney Jean-Paul Ciardullo added to party Herman Miller, Inc.(pty:dft))(Ciardullo, Jean-Paul)
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Filing 15
21 DAY Summons Issued re First Amended Complaint, #13 as to Defendant Herman Miller, Inc.. (shb)
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Filing 14
Request for Clerk to Issue Summons on Amended Complaint, #13 filed by Plaintiff Blumenthal Distributing, Inc.. (Schwartz, Edward)
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Filing 13
First AMENDED COMPLAINT against Defendant Herman Miller, Inc. amending Complaint (Attorney Civil Case Opening), #1 , filed by Plaintiff Blumenthal Distributing, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Schwartz, Edward)
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Filing 12
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc.. (Schwartz, Edward)
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Filing 11
STANDING ORDERS FOR CIVIL CASES by Judge John A. Kronstadt. (lom)
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Filing 10
NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (Attachments: #1 AO 120) (aco)
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Herman Miller, Inc.. (aco)
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Filing 8
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (aco)
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Filing 7
NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Sheri Pym. (aco)
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Filing 6
NOTICE of Related Case(s) filed by Plaintiff Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc. d/b/a Office Star. (Schwartz, Edward)
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Filing 5
CORPORATE DISCLOSURE STATEMENT filed by Plaintiffs Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc. d/b/a Office Star (Schwartz, Edward)
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Filing 4
Certification and NOTICE of Interested Parties filed by Plaintiff Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc. d/b/a Office Star, (Schwartz, Edward)
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Filing 3
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc. d/b/a Office Star. (Schwartz, Edward)
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Filing 2
CIVIL COVER SHEET filed by Plaintiffs Bed Bath & Beyond, Inc., Blumenthal Distributing, Inc. d/b/a Office Star. (Schwartz, Edward)
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Filing 1
COMPLAINT Receipt No: 0973-14464009 - Fee: $400, filed by Plaintiff Blumenthal Distributing, Inc. d/b/a Office Star, Bed Bath & Beyond, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C-D) (Attorney Edward R Schwartz added to party Bed Bath & Beyond, Inc.(pty:pla), Attorney Edward R Schwartz added to party Blumenthal Distributing, Inc. d/b/a Office Star(pty:pla))(Schwartz, Edward)
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