Balsam Brands Inc. et al v. Cinmar, LLC et al
| Balsam Brands Inc., Balsam International Limited, UCP International Company Limited, Balsam International Unlimited Company and Global United Enterprises Limited |
| Cinmar, LLC, Frontgate Marketing, Inc. and Cinmar, LLC a Delaware limited liability company doing business as Frontgate and Grandin Road |
| Thomas MacMartin Harmon |
| 3:2015cv04829 |
| October 20, 2015 |
| US District Court for the Northern District of California |
| San Francisco Office |
| San Francisco |
| William H Orrick |
| Patent |
| 15 U.S.C. § 1126 |
| Both |
Docket Report
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This docket was last retrieved on January 17, 2019. A more recent docket listing may be available from PACER.
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Filing 166
Related Case Order by Judge William H. Orrick granting (162) Administrative Motion in case 3:15-cv-04829-WHO. Associated Cases: 3:15-cv-04829-WHO, 3:16-cv-07255-WHO (jmdS, COURT STAFF) (Filed on 1/17/2019)
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| Filing 165 CERTIFICATE OF SERVICE by Global United Enterprises Limited, UCP International Company Limited re #164 Opposition/Response to Motion, (Peden, Patricia) (Filed on 1/15/2019) |
| Filing 164 OPPOSITION/RESPONSE (re #162 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related ) filed byCinmar, LLC, Frontgate Marketing, Inc., UCP International Company Limited, Global United Enterprises Limited. (Attachments: #1 Exhibit A, #2 Exhibit B)(Peden, Patricia) (Filed on 1/15/2019) |
| Filing 163 CERTIFICATE OF SERVICE by Balsam Brands Inc., Thomas MacMartin Harmon re #162 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related (Jacobs, Michael) (Filed on 1/11/2019) |
| Filing 162 ADMINISTRATIVE MOTION to Consider Whether Cases Should Be Related filed by Balsam Brands Inc., Thomas MacMartin Harmon. Responses due by 1/15/2019. (Attachments: #1 Proposed Order)(Jacobs, Michael) (Filed on 1/11/2019) |
| Filing 161 Transcript of Proceedings held on January 19, 2016, before Judge WHO. Court Reporter/Transcriber Victoria L. Valine, CSR, RMR, CRR, telephone number victoriavalinecsr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #159 Transcript Order ) Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018. (Related documents(s) #159 ) (vlv, COURT STAFF) (Filed on 12/12/2017) |
| Filing 160 Transcript of Proceedings held on December 13, 2016, before Judge William H. Orrick. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, telephone number (510) 367-3043, joan.columbini.csr@gmail.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018. (Columbini, Joan) (Filed on 12/12/2017) |
| Filing 159 TRANSCRIPT ORDER for proceedings held on 1/19/2016 before Judge William H. Orrick by Balsam Brands Inc., Balsam International Unlimited Company, for Court Reporter FTR - San Francisco. (Bernstein, Marc) (Filed on 12/11/2017) |
| Filing 158 TRANSCRIPT ORDER for proceedings held on 08/29/2016 before Judge William H. Orrick by Cinmar, LLC, Frontgate Marketing, Inc., for Court Reporter Belle Ball. (Peden, Patricia) (Filed on 11/13/2017) |
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Filing 157
ORDER relating Case No. 3:16cv7255. Signed by Judge William H. Orrick on 08/02/2017. (jmdS, COURT STAFF) (Filed on 8/2/2017)
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| Filing 156 ADR Remark: The further ADR Phone Conference scheduled on 12/21/2016 at 2:30 PM is off calendar. (cmf, COURT STAFF) (Filed on 12/21/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
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Filing 155
ORDER OF DISMISSAL. Signed by Judge William H. Orrick on 12/20/2016. (jmdS, COURT STAFF) (Filed on 12/20/2016)
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| Filing 154 STIPULATION of Dismissal filed by Balsam Brands Inc., Balsam International Unlimited Company. (Bernstein, Marc) (Filed on 12/19/2016) |
| Set/Reset Deadlines as to #138 MOTION to Strike #133 Answer to Amended Complaint,, Counterclaim, . Replies due by 12/14/2016. (ysS, COURT STAFF) (Filed on 12/15/2016) |
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Filing 153
Order by Hon. William H. Orrick granting #152 Stipulation to Extend Reply Deadline. (jmdS, COURT STAFF) (Filed on 12/15/2016)
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| Filing 152 STIPULATION WITH PROPOSED ORDER TO EXTEND LAST DAY FOR #151 REPLY IN SUPPORT OF BALSAMS MOTION TO STRIKE filed by Balsam Brands Inc., Balsam International Limited. (De Liberty, Richard) (Filed on 12/14/2016) Modified on 12/15/2016 (ysS, COURT STAFF). |
| Filing 151 REPLY (re #138 MOTION to Strike #133 Answer to Amended Complaint,, Counterclaim, ) filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Declaration De Liberty Reply)(De Liberty, Richard) (Filed on 12/14/2016) |
| Filing 150 TRANSCRIPT ORDER for proceedings held on 12/13/2016 before Hon. William H. Orrick by Balsam Brands Inc., Balsam International Unlimited Company, for Court Reporter FTR - San Francisco. (Bernstein, Marc) (Filed on 12/14/2016) |
| Filing 149 AUDIO RECORDINGS ORDER (re: #148 Case Management Conference - Further, ), by Balsam Brands Inc., Balsam International Unlimited Company. Court will send to Tsui-Ming Chen at tchen@blgrp.com a link to the files requested in this order. ( Filing fee $ 31, receipt number 0971-11005014). (Bernstein, Marc) (Filed on 12/14/2016) |
| Filing 148 Minute Entry for proceedings held before Hon. William H. Orrick: Case Management Conference held on 12/13/2016. Counsel should advise the Courtroom Deputy by Friday, December 16, 2017, as to the schedule agreed upon and should prepare a stipulation with deadlines for other relevant dates once they have chosen the trial date. FTR Time 2:09-2:29. Plaintiff Attorney Marc Bernstein. Defendant Attorney Patricia L. Peden, Jason Grier, and Kevin Kirsch. (jmdS, COURT STAFF) (Date Filed: 12/13/2016) Modified on 12/14/2016: Matter transcribed by Joan Columbini. (rjdS, COURT STAFF). |
| Filing 147 ADR Remark: ADR Phone Conference held on 12/13/2016 with Howard Herman. A further ADR Phone Conference is scheduled on 12/21/2016 at 2:30 PM. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 12/13/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 146 CLERK'S NOTICE OF CHANGE IN COURTROOM - Case Management Conference scheduled for 2:00 p.m. today will be conducted in Courtroom 12 on the 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 12/13/2016) |
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Filing 145
ORDER REGARDING FRONTGATE'S RULE 30(B)(6) DEPOSITION NOTICE TO BALSAM BRANDS, INC. re #141 Letter Brief. Signed by Judge William H. Orrick on 12/9/2016. (jmdS, COURT STAFF) (Filed on 12/9/2016)
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| Filing 144 JOINT SUBSEQUENT CASE MANAGEMENT STATEMENT; filed by Balsam Brands Inc., Balsam International Unlimited Company. (Bernstein, Marc) (Filed on 12/7/2016) Modified on 12/8/2016 (aaaS, COURT STAFF). |
| Filing 143 OPPOSITION/RESPONSE (re #138 MOTION to Strike #133 Answer to Amended Complaint,, Counterclaim, ) filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration of Jason Grier, #2 Declaration of Patricia Peden, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D)(Peden, Patricia) (Filed on 12/6/2016) |
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Filing 142
Order by Hon. William H. Orrick granting #115 Motion for Sanctions. (jmdS, COURT STAFF) (Filed on 12/6/2016)
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| Filing 141 Letter Brief Joint Discovery Dispute Re Frontgate's Rule 30(B)(6) Deposition Notice to Balsam Brands, Inc. filed byBalsam Brands Inc., Balsam International Unlimited Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Fitton, Will) (Filed on 12/1/2016) |
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Filing 140
ORDER ON JOINT DISCOVERY LETTER REGARDING DAMAGES INTERROGATORIES by Hon. William H. Orrick settling #139 Discovery Letter Brief. (jmdS, COURT STAFF) (Filed on 11/30/2016)
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| Filing 139 Joint Discovery Letter Briefre Damages Interrogatories filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Peden, Patricia) (Filed on 11/22/2016) |
| Filing 138 MOTION to Strike #133 Answer to Amended Complaint,, Counterclaim, filed by Balsam Brands Inc., Balsam International Unlimited Company. Motion Hearing set for 1/4/2017 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 12/6/2016. Replies due by 12/13/2016. (Attachments: #1 Declaration of Richard A. De Liberty, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(De Liberty, Richard) (Filed on 11/22/2016) |
| Filing 137 CLERK'S NOTICE - Pursuant to Civil L.R. 7-1(b), #115 Motion will be determined without oral argument; the hearing set for November 30, 2016 is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 11/22/2016) |
| Filing 136 NOTICE of Pendency of Other Action Involving Same Patent by Cinmar, LLC, Frontgate Marketing, Inc. (Smith, Bryan) (Filed on 11/8/2016) |
| Filing 135 REPLY (re #115 MOTION for Sanctions relating to Defendants Motion to Strike ) filed byCinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 11/3/2016) |
| Filing 134 Minute Entry for proceedings held before Hon. William H. Orrick: Telephone Conference held on 11/1/2016 resolving #120 MOTION for Extension of Time to Complete Discovery, #128 Joint Discovery Letter Brief, and #124 MOTION to Strike. Plaintiff is directed to provide all materials responsive to the request for production to defense by November 14, 2016. Close of Fact Discovery extended to 1/16/2017. Further Case Management Conference set for 12/13/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco (Case Management Statement due by 12/6/2016). Total Time in Court 33 minutes. Court Reporter Name n/a. Plaintiff Attorneys Marc N. Bernstein and Will Fitton. Defendant Attorneys Patricia L. Peden, Jason Grier and Kevin W. Kirsch. (jmdS, COURT STAFF) (Date Filed: 11/1/2016) |
| Telephone Conference set for 11/1/2016 02:30 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (jmdS, COURT STAFF) (Filed on 11/1/2016) |
| Filing 133 Answer to #117 Second Amended Complaint , COUNTERCLAIM against Balsam Brands Inc., Balsam International Limited (an Ireland limited company) byFrontgate Marketing, Inc., Cinmar, LLC. (Peden, Patricia) (Filed on 10/31/2016) Modified on 11/1/2016 (aaaS, COURT STAFF). Modified on 11/1/2016 (aaaS, COURT STAFF). |
| Filing 132 ADR Remark: ADR Phone Conference scheduled on 12/13/2016 at 10:00 AM is ADVANCED to 9:30 AM on 12/13/2016. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 10/31/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 131 RESPONSE (re #115 MOTION for Sanctions relating to Defendants Motion to Strike ) CORRECTION OF DOCKET #129 filed byBalsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/27/2016) |
| Filing 130 Declaration of Marc N. Bernstein in Support of #129 Opposition/Response to Motion for Monetary Sanctions filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit A)(Related document(s) #129 ) (Bernstein, Marc) (Filed on 10/27/2016) |
| Filing 129 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER #131 FOR THE CORRECT E-FILING RESPONSE (re #115 MOTION for Sanctions relating to Defendants Motion to Strike ) filed byBalsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/27/2016) Modified on 10/28/2016 (aaa, COURT STAFF). |
| Filing 128 Joint Discovery Letter Brief re Plaintiffs' Document Production filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit A)(Peden, Patricia) (Filed on 10/26/2016) |
| Filing 127 RESPONSE (re #120 MOTION for Extension of Time to Complete Discovery CORRECTION OF DOCKET #119 ) filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration of Jason P. Grier, #2 Exhibit A, #3 Exhibit B)(Peden, Patricia) (Filed on 10/25/2016) |
| Filing 126 RESPONSE (re #124 MOTION to Strike Plaintiffs Administrative Motion to Extend Time to Complete Discovery (DI 119) ) filed byBalsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/24/2016) |
| Filing 125 ERRATA re #124 MOTION to Strike Plaintiffs Administrative Motion to Extend Time to Complete Discovery (DI 119) by Cinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 10/24/2016) |
| Filing 124 MOTION to Strike Plaintiffs Administrative Motion to Extend Time to Complete Discovery (DI 119) filed by Cinmar, LLC, Frontgate Marketing, Inc.. Responses due by 11/7/2016. Replies due by 11/14/2016. (Attachments: #1 Proposed Order)(Peden, Patricia) (Filed on 10/24/2016) |
| Filing 123 Proposed Order re #120 MOTION for Extension of Time to Complete Discovery CORRECTION OF DOCKET #119 by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/21/2016) |
| Filing 122 Declaration of Morgan K. Lopez in Support of #120 MOTION for Extension of Time to Complete Discovery CORRECTION OF DOCKET #119 filed byBalsam Brands Inc., Balsam International Limited. (Related document(s) #120 ) (Bernstein, Marc) (Filed on 10/21/2016) |
| Filing 121 Declaration of Marc N. Bernstein in Support of #120 MOTION for Extension of Time to Complete Discovery CORRECTION OF DOCKET #119 filed byBalsam Brands Inc., Balsam International Limited. (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)(Related document(s) #120 ) (Bernstein, Marc) (Filed on 10/21/2016) |
| Filing 120 MOTION for Extension of Time to Complete Discovery CORRECTION OF DOCKET #119 filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/21/2016) |
| Filing 119 ERRONEOUSL E-FILED: PLEASE SEE DOCKET NUMBER #119 FOR THE CORRECT E-FILING MOTION for Extension of Time to Complete Discovery filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/21/2016) Modified on 10/28/2016 (aaa, COURT STAFF). |
| Filing 118 CLERK'S NOTICE - Reset Hearing as to #115 MOTION for Sanctions. Motion Hearing set for 11/30/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 10/14/2016) |
| Filing 117 AMENDED COMPLAINT (Second) against All Plaintiffs. Filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bernstein, Marc) (Filed on 10/14/2016) |
| Filing 116 STIPULATION to Filing Second Amended Complaint filed by Balsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit Second Amended Complaint)(Bernstein, Marc) (Filed on 10/14/2016) |
| Filing 115 MOTION for Sanctions relating to Defendants Motion to Strike filed by Cinmar, LLC, Frontgate Marketing, Inc.. Motion Hearing set for 11/23/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 10/27/2016. Replies due by 11/3/2016. (Attachments: #1 Declaration of Patricia L. Peden, #2 Exhibit A, #3 Proposed Order)(Peden, Patricia) (Filed on 10/13/2016) |
| Filing 114 Transcript of Proceedings held on August 29, 2016, before Judge William H. Orrick. Court Reporter Debra Pas, CSR; Transcriber Belle Ball, CSR, CRR, RDR, belle_ball@cand.uscourts.gov, telephone number (415)373-2529. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter or Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #109 Transcript Order ) Release of Transcript Restriction set for 1/3/2017. (Related documents(s) #109 ) (Ball, Belle) (Filed on 10/4/2016) |
| Filing 113 STIPULATION AND PROTECTIVE ORDER by Hon. William H. Orrick granting #112 Stipulation. (jmdS, COURT STAFF) (Filed on 10/3/2016) |
| Filing 112 STIPULATION WITH PROPOSED ORDER (Protective Order) filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 9/29/2016) |
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Filing 111
ORDER MODIFYING DEADLINE TO AMEND PLEADINGS by Hon. William H. Orrick granting #110 Stipulation. (jmdS, COURT STAFF) (Filed on 9/16/2016)
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| Filing 110 STIPULATION WITH PROPOSED ORDER Modifying Deadline to Amend Pleadings filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 9/14/2016) |
| Filing 109 TRANSCRIPT ORDER for proceedings held on 08/29/2016 before Hon. William H. Orrick by Balsam Brands Inc., Balsam International Limited, for Court Reporter Debra Pas. (Bernstein, Marc) (Filed on 9/13/2016) |
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Filing 108
CLAIM CONSTRUCTION ORDER. Signed by Judge William H. Orrick on 09/01/2016. (jmdS, COURT STAFF) (Filed on 9/1/2016)
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| Filing 107 Minute Entry for proceedings held before Hon. William H. Orrick: Claims Construction/Markman Hearing held on 8/29/2016. Total Time in Court 1 hour, 4 minutes. Court Reporter Name Debra Pas. Plaintiff Attorneys Marc N. Bernstein and Andrew Y. Piatnicia. Defendant Attorneys Patricia Peden and Jason P. Grier. (jmdS, COURT STAFF) (Date Filed: 8/29/2016) |
| Filing 106 Tentative Rulings for August 29, 2016 Claim Construction Hearing. Signed by Judge William H. Orrick on 08/29/2016. (jmdS, COURT STAFF) (Filed on 8/29/2016) |
| Filing 105 OBJECTIONS to re #101 Brief Defendants Objections to Plaintiffs Reply Evidence by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration of P. Peden, #2 Exhibit A)(Peden, Patricia) (Filed on 8/25/2016) |
| Filing 104 ERRATA re #101 Brief Plaintiffs' Reply in Support of Claim Construction by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 8/24/2016) |
| Filing 103 Declaration of Roger L. McCarthy in Support of #101 Brief Plaintiffs' Reply in Support of Claim Construction filed byBalsam Brands Inc., Balsam International Limited. (Related document(s) #101 ) (Bernstein, Marc) (Filed on 8/23/2016) |
| Filing 102 Declaration of Marc N. Bernstein in Support of #101 Brief Plaintiffs' Reply in Support of Claim Construction filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit)(Related document(s) #101 ) (Bernstein, Marc) (Filed on 8/23/2016) |
| Filing 101 Brief re #85 Brief Plaintiffs' Reply in Support of Claim Construction filed byBalsam Brands Inc., Balsam International Limited. (Related document(s) #85 ) (Bernstein, Marc) (Filed on 8/23/2016) |
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Filing 100
ORDER granting #99 Administrative Motion. Reply Claim Construction Brief is August 23, 2016. The Claim Construction Hearing is reset for 8/29/2016 02:00 PM. Signed by Judge William H. Orrick on 08/22/2016. (jmdS, COURT STAFF) (Filed on 8/22/2016)
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| Filing 99 ADMINISTRATIVE MOTION For an Order Granting One Additional Day for Plaintiffs' Reply Claim Construction Brief CORRECTION OF DOCKET #98 filed by Balsam International Limited. Responses due by 8/23/2016. (Attachments: #1 Declaration, #2 Proposed Order)(Bernstein, Marc) (Filed on 8/19/2016) |
| Filing 98 ERRONEOUSLY E-FILED: PLEASE SEE DOCKET NUMBER #99 FOR THE CORRECT E-FILING ADMINISTRATIVE MOTION For an Order Granting One Additional Day for Plaintiffs' Reply Claim Construction Brief filed by Balsam International Limited. Responses due by 8/23/2016. (Attachments: #1 Declaration, #2 Proposed Order)(Bernstein, Marc) (Filed on 8/19/2016) Modified on 8/23/2016 (aaaS, COURT STAFF). |
| Filing 97 EXHIBITS re #96 Declaration in Support, of Frontgate's Responsive Claim Construction Brief filed byFrontgate Marketing, Inc.. (Attachments: #1 Appendix Exhibit G-2, #2 Appendix Exhibit G-3, #3 Appendix Exhibit G-4, #4 Appendix Exhibit G-5, #5 Appendix Exhibit G-6, #6 Appendix Exhibit G-7, #7 Appendix Exhibit G-8, #8 Appendix Exhibit G-9, #9 Appendix Exhibit G-10, #10 Appendix Exhibit G-11, #11 Appendix Exhibit G-12, #12 Appendix Exhibit G-13, #13 Appendix Exhibit G-14, #14 Appendix Exhibit G-15, #15 Appendix Exhibit G-16, #16 Appendix Exhibit G-17, #17 Appendix Exhibit G-18, #18 Appendix Exhibit G-19)(Related document(s) #96 ) (Peden, Patricia) (Filed on 8/17/2016) |
| Filing 96 Declaration of Dr. Paul Wright in Support of #95 Brief, re Frontgate's Responsive Claim Construction filed byFrontgate Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Related document(s) #95 ) (Peden, Patricia) (Filed on 8/17/2016) |
| Filing 95 Brief re #85 Brief Frontgate's Responsive Claim Construction Brief filed byFrontgate Marketing, Inc.. (Attachments: #1 Declaration of P. Peden, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Related document(s) #85 ) (Peden, Patricia) (Filed on 8/17/2016) |
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Filing 94
ORDER by Judge Orrick granting #93 Administrative Motion for Leave to File a Surreply. The Court has considered the surreply. The Order on Defendants' Motion to Exclude Opinions Offered by Dr. Roger McCarthy #92 remains the Order of the Court. (wholc3, COURT STAFF) (Filed on 8/3/2016) Modified on 8/4/2016 (aaaS, COURT STAFF). This is a Text Only Docket Entry
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| Filing 93 ADMINISTRATIVE MOTION for Leave to File Surreply re #80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy filed by Balsam Brands Inc., Balsam International Limited. Responses due by 8/8/2016. (Attachments: #1 Exhibit A, #2 Declaration, #3 Proposed Order)(Fitton, Will) (Filed on 8/2/2016) |
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Filing 92
Order On Defendants' Motion to Exclude Opinions Offered by Dr. Rodger McCarthy by Hon. William H. Orrick re: #80 Motion. (jmdS, COURT STAFF) (Filed on 8/2/2016)
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| Filing 91 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited re #87 Declaration in Support, By Roger L. McCarthy iso Plaintiffs' Opening Claim Construction Brief (Bernstein, Marc) (Filed on 7/28/2016) |
| Filing 90 EXHIBITS re #89 Reply to Opposition/Response, CORRECTED Exhibit D ISO Defendants Reply ISO its Motion to Exclude Opinions Offered by Dr. roger McCarthy filed byCinmar, LLC, Frontgate Marketing, Inc.. (Related document(s) #89 ) (Peden, Patricia) (Filed on 7/26/2016) |
| Filing 89 REPLY (re #80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy ) filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration of P. Peden, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Peden, Patricia) (Filed on 7/26/2016) |
| Received Document: EXHIBIT B: PHYSICAL MODEL, EXHIBITS C & D COMPACT DISC, EXHIBITS C & D FLASH DRIVE; re #87 Declaration in Support, by Balsam Brands Inc. (a Delaware), Balsam International Limited (an Ireland limited company). (aaa, COURT STAFF) (Filed on 7/22/2016) |
| Filing 88 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited re #87 Declaration in Support, By Roger L. McCarthy iso Plaintiffs' Opening Claim Construction Brief (Bernstein, Marc) (Filed on 7/22/2016) |
| Filing 87 Declaration of Roger L. McCarthy in Support of #85 Brief Plaintiffs' Opening Claim Construction Brief filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #85 ) (Bernstein, Marc) (Filed on 7/22/2016) |
| Filing 86 Declaration of Marc N. Bernstein in Support of #85 Brief Plaintiffs' Opening Claim Construction Brief filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Related document(s) #85 ) (Bernstein, Marc) (Filed on 7/22/2016) |
| Filing 85 Brief Plaintiffs' Opening Claim Construction Brief filed byBalsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 7/22/2016) |
| Filing 84 Declaration of Will B. Fitton in Support of #83 Opposition/Response to Motion to Exclude Opinions Offered by Dr. Roger L. McCarthy filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Related document(s) #83 ) (Bernstein, Marc) (Filed on 7/19/2016) |
| Filing 83 RESPONSE (re #80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy ) filed byBalsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 7/19/2016) |
| Filing 82 Proposed Order re #80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy by Cinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 7/6/2016) |
| Filing 81 NOTICE by Cinmar, LLC, Frontgate Marketing, Inc. re #80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy Table of Authorities and Table of Contents to Defendants Notice of Motion and Motion to Exclude the Expert Opinions Offered by Dr. Roger McCarthy (Peden, Patricia) (Filed on 7/6/2016) |
| Filing 80 MOTION to Strike the Expert Opinions offered by Dr. Roger McCarthy filed by Cinmar, LLC, Frontgate Marketing, Inc.. Motion Hearing set for 8/10/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 7/19/2016. Replies due by 7/26/2016. (Attachments: #1 Declaration of Patricia L. Peden ISO Defs MTS the Expert Opinions offered by Dr. Roger McCarthy, #2 Erroneously E-filed: Duplicate of Part 5Exhibit C, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H)(Peden, Patricia) (Filed on 7/5/2016) Modified on 7/6/2016 (aaaS, COURT STAFF). |
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Filing 79
Order by Hon. William H. Orrick granting #78 Motion for issuance of Letters Rogatory. (jmdS, COURT STAFF) (Filed on 6/13/2016)
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| Filing 78 MOTION Unopposed Motion to issue letters of request for international judicial assistance pursuant to Fed. R. Civ. P. 34(c) and the Hague Evidence Convention filed by Cinmar, LLC, Frontgate Marketing, Inc.. Responses due by 6/22/2016. Replies due by 6/29/2016. (Attachments: #1 Proposed Order, #2 Exhibit A)(Smith, Bryan) (Filed on 6/8/2016) |
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Filing 77
Order by Hon. William H. Orrick granting #76 Motion for Pro Hac Vice by Bryan C. Smith. (jmdS, COURT STAFF) (Filed on 6/1/2016)
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| Filing 76 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice of Bryan C. Smith ( Filing fee $ 305, receipt number 0971-10492017.) filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Certificate of Good Standing)(Smith, Bryan) (Filed on 6/1/2016) Modified on 6/2/2016 (aaaS, COURT STAFF). |
| Filing 75 Statement Joint Claim Construction and PreHearing Statement Under Patent L.R. 4-3 by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit B-3, #5 Exhibit B-4, #6 Exhibit B-4.1)(Peden, Patricia) (Filed on 5/23/2016) |
| Filing 74 CLERK'S NOTICE - Claims Construction Hearing continued to 8/29/2016 09:00 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 5/23/2016) |
| Filing 73 ANSWER TO COUNTERCLAIM #72 Answer to Amended Complaint,, Counterclaim, byBalsam Brands Inc. (a Delaware), Balsam International Limited (an Ireland limited company). (Fitton, Will) (Filed on 3/7/2016) |
| Filing 72 Defendant Cinmar, LLC et al's 1st Amended #71 ANSWER to #60 Amended Complaint , COUNTERCLAIM against All Plaintiffs byFrontgate Marketing, Inc., Cinmar, LLC. (Peden, Patricia) (Filed on 3/3/2016) Modified on 3/4/2016 (aaaS, COURT STAFF). Modified on 3/4/2016 (aaaS, COURT STAFF). |
| Filing 71 Defendants Cinmar, LLC d/b/a/ Frontgate, Grandin Road and Frontgate Marketing, Inc's ANSWER to #60 Amended Complaint , COUNTERCLAIM against All Plaintiffs byFrontgate Marketing, Inc., Cinmar, LLC. (Peden, Patricia) (Filed on 2/12/2016) Modified on 2/16/2016 (aaaS, COURT STAFF). |
| Filing 70 TRANSCRIPT ORDER by Cinmar, LLC, Frontgate Marketing, Inc. for Court Reporter Belle Ball. (Peden, Patricia) (Filed on 2/11/2016) |
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Filing 69
Order by Hon. William H. Orrick granting #68 Motion for Pro Hac Vice by Jason P. Grier. (jmdS, COURT STAFF) (Filed on 2/1/2016)
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| Filing 68 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice of Jason P. Grier ( Filing fee $ 305, receipt number 0971-10173521.) filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Certificate of Good Standing)(Grier, Jason) (Filed on 1/29/2016) Modified on 2/1/2016 (aaaS, COURT STAFF). |
| Filing 67 STIPULATION filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 1/27/2016) |
| Filing 66 AUDIO RECORDINGS ORDER (re: #64 Case Management Conference - Initial,, Set Deadlines/Hearings, ), by Balsam Brands Inc., Balsam International Limited. Court will send to Marc Bernstein at mbernstein@blgrp.com a link to the files requested in this order. (Bernstein, Marc) (Filed on 1/20/2016) |
| Filing 65 AUDIO RECORDINGS ORDER (re: #64 Case Management Conference - Initial,, Set Deadlines/Hearings, ), by Balsam Brands Inc., Balsam International Limited. Court will send to Tsui-Ming Chen at tchen@blgrp.com a link to the files requested in this order. (Bernstein, Marc) (Filed on 1/19/2016) |
| Filing 64 Minute Entry for proceedings held before Hon. William H. Orrick: Case Management Conference held on 1/19/2016. Claims Construction Hearing set for 8/26/2016 09:00 AM. FTR Time 2:25-2:30. Plaintiff Attorney Marc N. Bernstein. Defendant Attorney Patricia L. Peden and Kevin W. Kirsch. (jmdS, COURT STAFF) (Date Filed: 1/19/2016) Modified on 12/11/2017: Matter transcribed by Victoria Valine. (rjdS, COURT STAFF). |
| ADR Remark: ADR Phone Conference held on 1/13/2016 with Howard Herman. A further ADR Phone Conference is scheduled for 12/13/2016 at 10:00 AM. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 1/15/2016) |
| Filing 63 Transcript of Proceedings held on November 3, 2015, before Judge William H. Orrick. Court Reporter Belle Ball, CSR, CRR, RDR, belle_ball@cand.uscourts.gov, telephone number (415)373-2529. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #48 Transcript Order ) Release of Transcript Restriction set for 4/12/2016. (Related documents(s) #48 ) (Ball, Belle) (Filed on 1/13/2016) |
| Filing 62 Notice of Withdrawal of #59 Motion By Plaintiffs To Dismiss Defendants' Counterclaims and Strike Defendants' Sixth Affirmative Defense (Fitton, Will) (Filed on 1/13/2016) Modified on 1/14/2016 (aaaS, COURT STAFF). |
| Filing 61 JOINT CASE MANAGEMENT STATEMENT filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 1/12/2016) |
| ADR Remark: ADR Phone Conference scheduled on January 13, 2016, at 10:00 AM Pacific time is rescheduled to 2:15 PM on January 13, 2016. The call-in information remains the same. (cmf, COURT STAFF) (Filed on 1/12/2016) |
| Filing 60 AMENDED COMPLAINT for 1. Patent Infringement; 2. False Marking; 3. Trademark Infringement; 4. False Advertising; 5. California Unfair Competition; & 6. California False Advertising against All Defendants. Filed byBalsam International Limited, Balsam Brands Inc.. (Bernstein, Marc) (Filed on 1/11/2016) |
| Filing 59 MOTION to Dismiss Counterclaims and Motion to Strike Affirmative Defense filed by Balsam Brands Inc., Balsam International Limited. Motion Hearing set for 2/17/2016 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 1/25/2016. Replies due by 2/1/2016. (Fitton, Will) (Filed on 1/11/2016) |
| Filing 58 Statement of Corporate Disclosure by Cinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 1/7/2016) |
| Filing 57 Certificate of Interested Entities by Cinmar, LLC, Frontgate Marketing, Inc. Defendants' Certification of Interested Entities or Persons Under Civil Local Rule 3-15 (Peden, Patricia) (Filed on 1/7/2016) |
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Filing 56
Order by Hon. William H. Orrick granting #55 Motion for Pro Hac Vice by Nicholas J. Gallo. (jmdS, COURT STAFF) (Filed on 1/7/2016)
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| Filing 55 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-10110631.) filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Certificate of Good Standing)(Gallo, Nicholas) (Filed on 1/6/2016) Modified on 1/7/2016 (aaaS, COURT STAFF). |
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Filing 54
Order by Hon. William H. Orrick denying #40 Administrative Motion to File Under Seal. (jmdS, COURT STAFF) (Filed on 1/4/2016)
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| Filing 53 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Peden, Patricia) (Filed on 1/4/2016) |
| Filing 52 ADR Clerk's Notice Setting ADR Phone Conference on Wednesday, January 13, 2016, at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 12/30/2015) |
| Filing 51 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Bernstein, Marc) (Filed on 12/29/2015) |
| Filing 50 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Bernstein, Marc) (Filed on 12/29/2015) |
| Filing 49 Defendants Cinmar, LLC d/b/a/ Frontgate, Grandin Road and Frontgate Marketing, Inc's ANSWER to #1 Complaint , COUNTERCLAIM against All Plaintiffs byCinmar, LLC, Frontgate Marketing, Inc. (Peden, Patricia) (Filed on 12/16/2015) Modified on 12/17/2015 (aaaS, COURT STAFF). |
| Filing 48 TRANSCRIPT ORDER by Balsam Brands Inc., Balsam International Limited for Court Reporter Belle Ball. (Bernstein, Marc) (Filed on 12/11/2015) |
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Filing 47
ORDER REGARDING ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL - granting #46 Administrative Motion to File Under Seal. If plaintiffs want any of the documents filed at Dkt. No. #40 to remain under seal, they shall file a declaration in support of sealing on or before December 4, 2015. Signed by Judge William H. Orrick on 11/30/2015. (jmdS, COURT STAFF) (Filed on 11/30/2015)
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| Filing 46 Administrative Motion to File Under Seal Confidential Information filed by Balsam Brands Inc., Balsam International Limited. (Attachments: #1 Declaration, #2 Exhibit 1 (Public), #3 Exhibit 1 (Sealed), #4 Exhibit 2 (Public), #5 Exhibit 2 (Sealed), #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Declaration, #10 Declaration, #11 Proposed Order)(Fitton, Will) (Filed on 11/23/2015) |
| Filing 45 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited re #37 Document E-Filed Under Seal, of Unredacted Exhibits to Roland Declaration (Fitton, Will) (Filed on 11/23/2015) |
| Filing 44 STIPULATION Extending Time for Defendants' to Answer Complaint filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 11/17/2015) |
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Filing 43
ORDER EXTENDING DEADLINE TO FILE UNREDACTED DOCUMENTS set by #42 Order on Motion for TRO. Plaintiffs shall file and serve unredacted versions of the documents by November 23, 2015. Signed by Judge William H. Orrick on 11/13/2015. (jmdS, COURT STAFF) (Filed on 11/13/2015)
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Filing 42
ORDER DENYING REQUEST FOR TEMPORARY RESTRAINING ORDER by Hon. William H. Orrick denying #11 Motion for TRO. By November 16, 2015, plaintiffs shall file with the Court and serve on Frontgate unredacted versions of the documents they filed on November 6, 2015 (Dkt. No. 37). If plaintiffs wish to file the unredacted versions under seal, they shall do so pursuant to Civil Local Rule 79-5 and my Standing Order on Administrative Motions to File Under Seal.(jmdS, COURT STAFF) (Filed on 11/12/2015)
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| Filing 41 ERRONEOUS E-FILING: MOTION NOT ATTACHED MOTION to Strike Plaintiff's Supplemental Filing filed by Cinmar, LLC, Frontgate Marketing, Inc.. Motion Hearing set for 12/16/2015 02:00 PM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. Responses due by 11/23/2015. Replies due by 11/30/2015. (Peden, Patricia) (Filed on 11/9/2015) Modified on 11/10/2015 (aaaS, COURT STAFF). |
| Filing 40 Administrative Motion to File Under Seal Defedants' Motion to Strike Plaintiffs' Supplemental Filing filed by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit unredacted)(Peden, Patricia) (Filed on 11/9/2015) Modified on 1/5/2016 (aaaS, COURT STAFF). See Docket Number #54 Order |
| Filing 39 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited by hand delivery of Declaration of Nathaniel C. Roland with Exhibits (Bernstein, Marc) (Filed on 11/9/2015) |
| Filing 38 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited re #37 Document E-Filed Under Seal, Declaration of Nathaniel C. Roland with Exhibits (Fitton, Will) (Filed on 11/8/2015) |
| Filing 37 DOCUMENT E-FILED UNDER SEAL re 36 Order Granting Motion to File Under Seal, Declaration of Nathaniel C. Roland in Support of Plaintiffs' Motion for TRO and Order to Show Cause re PI by Balsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fitton, Will) (Filed on 11/6/2015) |
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Filing 36
ORDER Granting Motion to File Under Seal. Signed by Judge William H. Orrick on 11/3/2015. There is no document associated with this entry. This entry is made to facilitate under seal filing being made electronically. (jmdS, COURT STAFF) (Filed on 11/6/2015)
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Filing 35
ORDER (Minute Entry construed as Order to reflect bench order granting leave to file sealed documents). Signed by Judge William H. Orrick on 11/03/2015. (jmdS, COURT STAFF) (Filed on 11/3/2015)
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| Filing 34 SUMMONS Returned Executed by Balsam International Limited, Balsam Brands Inc.. All Defendants. (Bernstein, Marc) (Filed on 11/3/2015) |
| Filing 33 Minute Entry for proceedings held before Hon. William H. Orrick: Temporary Restraining Order Hearing - Non-evidentiary held on 11/3/2015. Motion taken under submission; written order to follow. Court Reporter Name: Belle Ball. Plaintiff Attorneys Marc N. Bernstein, Andy Piatnicia, and Will B. Fitton. Defendant Attorneys Patricia L. Peden and Kevin W. Kirsch. (jmdS, COURT STAFF) (Date Filed: 11/3/2015) |
| Filing 32 NOTICE of Appearance by Patricia L. Peden (Peden, Patricia) (Filed on 11/2/2015) |
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Filing 31
Order by Hon. William H. Orrick granting #21 Motion for Order Permitting Counsel to Bring Subject Products into the Courtroom. (jmdS, COURT STAFF) (Filed on 11/2/2015)
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| Filing 30 RESPONSE (re #21 MOTION for Leave to File ) Defendant's Opposition to Plaintiffs' Administrative Motion Under Civil Local rule 7-11 for Permission to Bring Products at Issue to the November 3, 2015 Hearing on the TRO and OSC re an Injunction filed byCinmar, LLC, Frontgate Marketing, Inc.. (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 29 NOTICE of Appearance by Marc N. Bernstein for Andrew Y. Piatnicia (Bernstein, Marc) (Filed on 10/30/2015) |
| Filing 28 Proposed Order re #22 Opposition/Response to Motion, and Proof of Service by Cinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Certificate/Proof of Service)(Peden, Patricia) (Filed on 10/30/2015) |
| Filing 27 EXHIBITS re #22 Opposition/Response to Motion, to Declaration of Jason P. Grier filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit Grier Ex. B, #2 Exhibit Grier Ex. C-1, #3 Exhibit Grier Ex. C-2, #4 Exhibit Grier Ex. D-1, #5 Exhibit Grier Ex. D-2)(Related document(s) #22 ) (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 26 Declaration of Irving S. Rappaport in Support of #22 Opposition/Response to Motion, filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Exhibit Rappaport Ex. A, #2 Exhibit Rappaport Ex. B, #3 Exhibit Rappaport Ex. C)(Related document(s) #22 ) (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 25 Declaration of Pam Longworth in Support of #22 Opposition/Response to Motion, filed byCinmar, LLC, Frontgate Marketing, Inc.. (Related document(s) #22 ) (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 24 Declaration of David M. Landis in Support of #22 Opposition/Response to Motion, 2nd Declaration of David M. Landis ISO Def Opposition to Plaintiffs Ex Parte Motion for TRO filed byCinmar, LLC, Frontgate Marketing, Inc.. (Related document(s) #22 ) (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 23 Declaration of David M. Landis in Support of #22 Opposition/Response to Motion, filed byCinmar, LLC, Frontgate Marketing, Inc.. (Related document(s) #22 ) (Peden, Patricia) (Filed on 10/30/2015) |
| Filing 22 RESPONSE (re #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities ) Defendants Opposition to Plaintiffs Ex Parte Motion for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction filed byCinmar, LLC, Frontgate Marketing, Inc.. (Attachments: #1 Declaration of Jason Grier)(Peden, Patricia) (Filed on 10/30/2015) |
| Filing 21 ADMINISTRATIVE MOTION UNDER CIVIL.L.R.-711 FOR AN ORDER PERMITTING COUNSEL TO BRING THE PRODUCTS AT ISSUE TO THE NOVEMBER 3, 2015 HEARING ON THE TRO AND OSC RE AN INJUNCTION; (Attachments: #1 Declaration of Will B. Fitton, #2 Proposed Order)(Bernstein, Marc) (Filed on 10/29/2015) Modified on 10/30/2015 (aaaS, COURT STAFF). Modified on 10/30/2015 (aaaS, COURT STAFF). |
| Filing 20 NOTICE of Appearance by Kevin W. Kirsch (Kirsch, Kevin) (Filed on 10/28/2015) |
| Filing 19 CLERK'S NOTICE: The hearing on the Motion for a TRO is set for Tuesday, 11/3/2015 at 09:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. William H. Orrick. The defendants shall e-file their Opposition or Response by Friday, 10/30/2015 at 2:00 pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rbe, COURT STAFF) (Filed on 10/27/2015) |
| Filing 18 CERTIFICATE OF SERVICE by Balsam Brands Inc., Balsam International Limited re #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 17 Proposed Order re #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 16 Declaration of Kristen Gasior in Support of #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit A - Screen shots of search, #2 Exhibit B - Screen shots of search, #3 Exhibit C-1 - Google Trends Report, #4 Exhibit C-2 - Google Trends Report, #5 Exhibit C-3 - Google Trends Report, #6 Exhibit C-4 - Google Trends Report, #7 Exhibit D- Google Trends Report)(Related document(s) #11 ) (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 15 Declaration of Bruce A. Schooley in Support of #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed byBalsam Brands Inc., Balsam International Limited. (Related document(s) #11 ) (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 14 Declaration of Thomas Harman in Support of #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed byBalsam Brands Inc., Balsam International Limited. (Related document(s) #11 ) (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 13 Declaration of Will B. Fitton in Support of #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit A - Good Housekeeping Seal, #2 Exhibit B - Manual Filing Notification, Video Files, #3 Exhibit C - Balsam Hill Interview with Inventor Bruce Schooley, #4 Exhibit C-1 - Manual Filing Notification, Video Files, #5 Exhibit D - Assignment of Registered Name, #6 Exhibit E - Grandin Road Name, #7 Exhibit F - Form 8K, #8 Exhibit G - Form 10K, #9 Exhibit H - Company Profile, #10 Exhibit I - Hubpages Blog, #11 Exhibit J - Gardenweb Blog, #12 Exhibit K - Balsam Hill Blog, #13 Exhibit L - Transcript of Earnings Call, #14 Exhibit M - Frontgate Grand Balsam Tree, #15 Exhibit N - Frontgate Grand Noble, #16 Exhibit O - Frontgate Grand Fraser, #17 Exhibit P - Frontgate Online Catalogue, #18 Exhibit Q - Grandin Road Online Catalogue, #19 Exhibit R - Manual Filing Notification, Video Files, #20 Exhibit S - 20% Off Email, #21 Exhibit T - 12 Hour Sale Email, #22 Exhibit U - Save $500 Email)(Related document(s) #11 ) (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 12 Declaration of Jason A. Loomis in Support of #11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed byBalsam Brands Inc., Balsam International Limited. (Attachments: #1 Exhibit A - Resume of Jason A. Loomis, #2 Exhibit B - Manual Filing Notification, Video File, #3 Exhibit C - Manual Filing Notification, Video File, #4 Exhibit D - Manual Filing Notification, Video File, #5 Exhibit E - Manual Filing Notification, Video File)(Related document(s) #11 ) (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 11 Ex Parte MOTION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction and Supporting Memorandum of Points and Authorities filed by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/26/2015) |
| Filing 10 NOTICE of Appearance by Will Barnett Fitton (Fitton, Will) (Filed on 10/22/2015) |
| Filing 9 NOTICE of Appearance by Marc N. Bernstein (Bernstein, Marc) (Filed on 10/22/2015) |
| Filing 8 REPORT on the filing or determination of an action regarding :PATENT INFRINGEMENT (cc: form mailed to register). (aaaS, COURT STAFF) (Filed on 10/21/2015) |
| Filing 7 Summons Issued as to Cinmar, LLC, Frontgate Marketing, Inc. (aaaS, COURT STAFF) (Filed on 10/21/2015) |
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/12/2016. Case Management Conference set for 1/19/2016 02:00 PM. Signed by Judge William H. Orrick on 10/20/15. (Attachments: #1 WHO Standing Order, #2 Standing Order)(aaaS, COURT STAFF) (Filed on 10/20/2015)
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| Filing 5 Case assigned to Hon. William H. Orrick. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 10/20/2015) |
| Filing 4 Statement of Corporate Disclosure by Balsam Brands Inc., Balsam International Limited. (Bernstein, Marc) (Filed on 10/20/2015) |
| Filing 3 Certificate of Interested Entities by Balsam Brands Inc., Balsam International Limited (Bernstein, Marc) (Filed on 10/20/2015) |
| Filing 2 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Balsam Brands Inc., Balsam International Limited.. (Bernstein, Marc) (Filed on 10/20/2015) |
| Filing 1 COMPLAINT FOR 1. PATENT INFRINGEMENT; 2. FALSE MARKETING; 3. FALSE ADVERTISING; 4. CALIFORNIA UNFAIR COMPETITION; AND 5. CALIFORNIA FALSE ADVERTISING; DEMAND FOR JURY TRIAL; False Marking, False Advertising, California Unfair Competition, and California False Advertising against Cinmar, LLC, Frontgate Marketing, Inc. ( Filing fee $ 400, receipt number 0971-9929618.). Filed byBalsam International Limited, Balsam Brands Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Bernstein, Marc) (Filed on 10/20/2015) Modified on 10/21/2015 (aaaS, COURT STAFF). |
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