ABC Distributing, Inc. et al v. Living Essentials LLC et al

Plaintiff:	ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. on behalf of themselves and all others similarly situated doing business as Ace Wholesale and Pacific Groservice, Inc.
Defendant:	Living Essentials LLC and Innovation Ventures LLC
Case Number:	5:2015cv02064
Filed:	May 7, 2015
Court:	US District Court for the Northern District of California
Office:	San Jose Office
County:	Santa Clara
Presiding Judge:	Nathanael M Cousins
Nature of Suit:	Other Statutory Actions
Cause of Action:	28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By:	Plaintiff

Date Filed	Document Text
November 22, 2017	Filing 342 STIPULATION (JOINT) OF DISMISSAL WITH PREJUDICE filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 11/22/2017)
November 22, 2017	***Civil Case Terminated pursuant to Joint Stipulation of Dismissal with Prejudice #342 . (lmh, COURT STAFF) (Filed on 11/22/2017)
October 30, 2017	Filing 341 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Status Conference held on 10/30/2017: Parties inform Court case has settled; Status Conference set for 11/29/2017 01:00 PM, with status update or dismissal due by 11/27/2017. Plaintiffs' Attorney: Mark Poe. Defendants' Attorney: Jerry Hawxhurst. Court Reporter: Summer Fisher. Total Time in Court: 9 mins. (lmh, COURT STAFF) (Date Filed: 10/30/2017)
October 29, 2017	Filing 340 CLERK'S NOTICE SETTING Status Conference for 10/30/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/29/2017)
October 29, 2017	Filing 339 ORDER GRANTING Administrative Motion to File Documents Under Seal #337 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/29/2017)
October 29, 2017	Filing 338 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #337 Administrative Motion to File Under Seal (Poe, Mark) (Filed on 10/29/2017)
October 29, 2017	Filing 337 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Randolph Gaw, #2 Proposed Order, #3 Unredacted Version of Document Sought to Be Sealed, #4 Unredacted Version of Document Sought to Be Sealed)(Poe, Mark) (Filed on 10/29/2017)
October 29, 2017	Filing 336 ORDER RE: EMAIL TO COURTROOM DEPUTY. If any party wishes relief, counsel must file a stipulation or motion. Trial commences at 9:00 a.m. tomorrow absent a Court order. Signed by Judge Nathanael Cousins on 10/29/2017. (lmh, COURT STAFF) (Filed on 10/29/2017)
October 29, 2017	Filing 335 ORDER RE: MOTION TO SHOW CERTAIN DOCUMENTS DURING OPENING STATEMENTS. Signed by Judge Nathanael Cousins on 10/29/2017. (lmh, COURT STAFF) (Filed on 10/29/2017)
October 29, 2017	Filing 334 ORDER GRANTING APPLICATION for Admission of Attorney Joshua Lipton Pro Hac Vice #331 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/29/2017)
October 27, 2017	Filing 333 Witness List by Innovation Ventures LLC, Living Essentials LLC (Corrected). (Hawxhurst, Gerald) (Filed on 10/27/2017)
October 27, 2017	Filing 332 ERRATA re #325 Witness List by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/27/2017)
October 27, 2017	Filing 331 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11833460.) filed by Innovation Ventures LLC, Living Essentials LLC. (Lipton, Joshua) (Filed on 10/27/2017)
October 27, 2017	Filing 330 NOTICE of Appearance by Julian Wing-Kai Poon (Poon, Julian) (Filed on 10/27/2017)
October 27, 2017	Filing 329 NOTICE of Appearance by Theodore J. Boutrous, Jr (Boutrous, Theodore) (Filed on 10/27/2017)
October 27, 2017	Filing 328 TRANSCRIPT ORDER for Future Trial with Daily Transcripts by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/27/2017)
October 26, 2017	Filing 327 Proposed Form of Verdict by Innovation Ventures LLC, Living Essentials LLC . (Hawxhurst, Gerald) (Filed on 10/26/2017)
October 26, 2017	Filing 326 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (NOTICE OF FILING PLAINTIFFS' PROPOSED VERDICT FORM) (Attachments: #1 Plaintiffs' Proposed Verdict Form)(Poe, Mark) (Filed on 10/26/2017)
October 26, 2017	Filing 325 Witness List by Innovation Ventures LLC, Living Essentials LLC (Defendants' Video Designations and Updated Deposition Designations). (Hawxhurst, Gerald) (Filed on 10/26/2017)
October 26, 2017	Filing 324 RESPONSE to re #320 Response ( Non Motion ), Plaintiffs' "Request to Seek Evidentiary Rulings on Certain Exhibits to Be Used in Opening" by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/26/2017)
October 25, 2017	Filing 323 OBJECTIONS to re #315 Order (Preliminary Jury Instruction II.c) by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit A (CACI 3320))(Hawxhurst, Gerald) (Filed on 10/25/2017)
October 25, 2017	Filing 322 OBJECTIONS to re #315 Order (PRELIMINARY JURY INSTRUCTIONS) by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/25/2017)
October 24, 2017	Filing 321 ORDER TO FURNISH DAILY REFRESHMENTS for the 8 members of the jury beginning 10/30/2017 and for the duration of the trial. Signed by Judge Nathanael Cousins on 10/24/2017. (lmh, COURT STAFF) (Filed on 10/24/2017)
October 23, 2017	Filing 320 RESPONSE to Court's Request to Seek Evidentiary Rulings on Certain Exhibits to Be Used in Opening by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 9, #6 Exhibit 25, #7 Exhibit 30, #8 Exhibit 51, #9 Exhibit 91, #10 Exhibit 92, #11 Exhibit 95)(Poe, Mark) (Filed on 10/23/2017)
October 23, 2017	Filing 319 Witness List by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (PLAINTIFFS VIDEO DESIGNATIONS, UPDATED DEPOSITION DESIGNATIONS, AND TRIAL TIME ESTIMATES). (Poe, Mark) (Filed on 10/23/2017)
October 23, 2017	Filing 318 ORDER DENYING PROPOSED QUESTIONNAIRE. Re: Dkt. No. #316 . Signed by Judge Nathanael Cousins on 10/23/2017. (lmh, COURT STAFF) (Filed on 10/23/2017)
October 23, 2017	Filing 317 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (SERVICE OF TRIAL SUBPOENAS ON KEVIN RIFFLE AND SEAN RIFFLE) (Attachments: #1 Declaration of Mark Poe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Poe, Mark) (Filed on 10/23/2017)
October 20, 2017	Filing 316 NOTICE by Innovation Ventures LLC, Living Essentials LLC of Filing of Proposed Jury Questionnaire and Objections (Attachments: #1 Exhibit A - Proposed Jury Questionnaire)(Hawxhurst, Gerald) (Filed on 10/20/2017)
October 20, 2017	Filing 315 PRELIMINARY JURY INSTRUCTIONS. The parties must file any objections by 10/25/2017. Signed by Judge Nathanael Cousins on 10/20/2017. (Attachments: #1 Preliminary Jury Instructions)(lmh, COURT STAFF) (Filed on 10/20/2017)
October 19, 2017	Filing 314 ORDER ON MOTIONS IN LIMINE. Re: Dkt. Nos. #300 , #301 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/19/2017)
October 18, 2017	Filing 313 ORDER RE: PRETRIAL CONFERENCE. Signed by Judge Nathanael Cousins on 10/18/2017. (lmh, COURT STAFF) (Filed on 10/18/2017)
October 18, 2017	Filing 312 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Pretrial Conference held on 10/18/2017: Court to issue order. Plaintiffs' Attorneys: Mark Poe, Randolph Gaw, Samuel Song, Victor Meng. Defendants' Attorneys: Bryan Hawkins, Alexander Safyan, Daryl Crowe. (FTR Time: 2:39pm-2:45pm/3:30pm-4:35pm.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/18/2017)
October 17, 2017	Filing 311 ORDER GRANTING PARTIES' JOINT Administrative Motion Requesting Leave re: Courtroom Equipment for Use During Trial #310 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2017)
October 16, 2017	Filing 310 Joint ADMINISTRATIVE MOTION requesting leave re: courtroom equipment for use during trial filed by Innovation Ventures LLC, Living Essentials LLC. Responses due by 10/20/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 10/16/2017)
October 15, 2017	Filing 309 CLERK'S NOTICE: Jury Trial set for 10/30/2017 09:00 AM will be held in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/15/2017)
October 11, 2017	Filing 308 OPPOSITION/RESPONSE (re #301 MOTION in Limine ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 45)(Poe, Mark) (Filed on 10/11/2017)
October 11, 2017	Filing 307 OPPOSITION/RESPONSE (re #300 MOTION in Limine ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E)(Hawxhurst, Gerald) (Filed on 10/11/2017)
October 11, 2017	Filing 306 CLERK'S NOTICE: If a party wishes to use electronic equipment or other large items (such as bookshelves), the party must file a request and proposed order with the Court by 10/16/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/11/2017)
October 11, 2017	Filing 305 ORDER DENYING PLAINTIFFS' MOTION FOR ADDITIONAL TRIAL TIME. Re: Dkt. No. #303 . Signed by Judge Nathanael Cousins on 10/11/2017. (lmh, COURT STAFF) (Filed on 10/11/2017)
October 10, 2017	Filing 304 RESPONSE to re #303 Response ( Non Motion ) to Plaintiffs' Request for Additional Trial Time by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/10/2017)
October 6, 2017	Filing 303 RESPONSE to re #293 Order re: Pretrial Preparation by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/6/2017)
October 5, 2017	Filing 302 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Settlement Conference held on 10/5/2017. Case did not settle. Discussions are on-going. FTR Time: n/a. Plaintiff Attorney: Mark Poe. Defendant Attorney: Gerald Hawzhurst. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 10/5/2017)
October 4, 2017	Filing 301 MOTION in Limine filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. Responses due by 10/11/2017. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Hawxhurst, Gerald) (Filed on 10/4/2017)
October 4, 2017	Filing 300 MOTION in Limine filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. Responses due by 10/11/2017. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 15)(Poe, Mark) (Filed on 10/4/2017)
October 4, 2017	Filing 299 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (JOINT CASE STATEMENT) (Poe, Mark) (Filed on 10/4/2017)
October 4, 2017	Filing 298 Proposed Jury Instructions by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (JOINT PROPOSED JURY INSTRUCTIONS). (Poe, Mark) (Filed on 10/4/2017)
October 4, 2017	Filing 297 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (PARTIES' INTENTION TO PROCEED WITH JURY TRIAL) (Poe, Mark) (Filed on 10/4/2017)
October 3, 2017	Filing 296 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (FILING JOINT TRIAL READINESS BINDER) (Attachments: #1 Proposed Order Re: Trial Conduct Stipulations, #2 Joint Witness List, #3 Joint Expert Witness List, #4 Exhibit A to Joint Expert Witness List (McDuff Report and CV), #5 Exhibit B to Joint Expert Witness List (Woroch Report and CV), #6 Joint Exhibit List, #7 Joint List of Discovery Excerpts, #8 Appendix of Disputed Discovery Excerpts, #9 Proposed Order Re: Disputed Discovery Excerpts, #10 Joint Proposed Voir Dire Questions)(Poe, Mark) (Filed on 10/3/2017)
September 18, 2017	Filing 295 ORDER CONTINUING SETTLEMENT CONFERENCE FROM OCTOBER 4, 2017 TO OCTOBER 5, 2017 by Judge Howard R. Lloyd granting #294 Stipulation Settlement Conference set for 10/5/2017 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 9/18/2017)
September 14, 2017	Filing 294 STIPULATION WITH PROPOSED ORDER re #292 Clerk's Notice continuing Settlement Conference from October 4, 2017 to October 5, 2017 filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 9/14/2017)
September 13, 2017	Filing 293 PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 9/13/2017. (lmh, COURT STAFF) (Filed on 9/13/2017)
September 13, 2017	Filing 292 CLERK'S NOTICE of Settlement Conference and Order. Settlement Conference set for 10/4/2017 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 9/13/2017)
September 12, 2017	Filing 291 STIPULATION WITH PROPOSED ORDER confirming pretrial filings filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 9/12/2017)
September 6, 2017	Filing 290 NOTICE by Innovation Ventures LLC, Living Essentials LLC re #283 Order on Administrative Motion to File Under Seal,,,,,,, Notice of Filing Unredacted Documents Filed at Dkt. Nos. 207, 216, 252, 261 (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Hawxhurst, Gerald) (Filed on 9/6/2017)
September 1, 2017	Filing 289 ORDER REFERRING CASE to Magistrate Judge Howard R. Lloyd for a settlement conference to take place by 10/13/2017. Signed by Judge Nathanael Cousins on 9/1/2017. (lmh, COURT STAFF) (Filed on 9/1/2017)
September 1, 2017	Filing 288 ORDER DENYING PARTIES' MOTIONS FOR SUMMARY JUDGMENT. Re: Dkt. Nos. #218 , #219 , #224 , #228 , #229 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/1/2017)
September 1, 2017	Filing 287 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NO. 267) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment, #3 Plaintiffs' Reply in Support of Motion to Exclude Evidence, #4 Plaintiffs' Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #5 Exhibit O to Supplemental Gaw Declaration, #6 Exhibit P to Supplemental Gaw Declaration, #7 Exhibit Q to Supplemental Gaw Declaration, #8 Exhibit T to Supplemental Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)
September 1, 2017	Filing 286 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NOS. 242 & 243) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Opposition to Living Essentials' Motion for Summary Judgment, #3 Exhibit 2 to Poe Declaration, #4 Exhibit 5 to Poe Declaration, #5 Exhibit 7 to Poe Declaration, #6 Exhibit 8 to Poe Declaration, #7 Exhibit 9 to Poe Declaration, #8 Exhibit 15 to Poe Declaration, #9 Exhibit 25 to Poe Declaration, #10 Exhibit 44 to Poe Declaration, #11 Exhibit 48 to Poe Declaration, #12 Exhibit 51 to Poe Declaration, #13 Exhibit 55 to Poe Declaration, #14 Exhibit 57 to Poe Declaration, #15 Exhibit 92 to Poe Declaration, #16 Exhibit 96 to Poe Declaration, #17 Exhibit 101 to Poe Declaration, #18 Plaintiffs' Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff, #19 Exhibit 1 to Gaw Declaration, #20 Exhibit 2 to Gaw Declaration, #21 Exhibit 7 to Gaw Declaration, #22 Exhibit 8 to Gaw Declaration, #23 Exhibit 9 to Gaw Declaration, #24 Exhibit 25 to Gaw Declaration, #25 Exhibit 28 to Gaw Declaration, #26 Exhibit 35 to Gaw Declaration, #27 Exhibit 37 to Gaw Declaration, #28 Exhibit 44 to Gaw Declaration, #29 Exhibit 47 to Gaw Declaration, #30 Exhibit 51 to Gaw Declaration, #31 Exhibit 55 to Gaw Declaration, #32 Exhibit 56 to Gaw Declaration, #33 Exhibit 60 to Gaw Declaration, #34 Exhibit 91 to Gaw Declaration, #35 Exhibit 96 to Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)
September 1, 2017	Filing 285 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NOS. 222 & 223) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Motion for Partial Summary Judgment, #3 Declaration of DeForest McDuff, Ph.D., #4 Exhibit A to McDuff Declaration, #5 Exhibit 2 to Poe Declaration, #6 Exhibit 3 to Poe Declaration, #7 Exhibit 4 to Poe Declaration, #8 Exhibit 5 to Poe Declaration, #9 Exhibit 6 to Poe Declaration, #10 Exhibit 7 to Poe Declaration, #11 Exhibit 8 to Poe Declaration, #12 Exhibit 9 to Poe Declaration, #13 Exhibit 11 to Poe Declaration, #14 Exhibit 12 to Poe Declaration, #15 Exhibit 13 to Poe Declaration, #16 Exhibit 15 to Poe Declaration, #17 Exhibit 18 to Poe Declaration, #18 Exhibit 19 to Poe Declaration, #19 Exhibit 20 to Poe Declaration, #20 Exhibit 21 to Poe Declaration, #21 Exhibit 22 to Poe Declaration, #22 Exhibit 25 to Poe Declaration, #23 Exhibit 26 to Poe Declaration, #24 Exhibit 27 to Poe Declaration, #25 Exhibit 28 to Poe Declaration, #26 Exhibit 29 to Poe Declaration, #27 Exhibit 30 to Poe Declaration, #28 Exhibit 31 to Poe Declaration, #29 Exhibit 32 to Poe Declaration, #30 Exhibit 33 to Poe Declaration, #31 Exhibit 34 to Poe Declaration, #32 Exhibit 35 to Poe Declaration, #33 Exhibit 36 to Poe Declaration, #34 Exhibit 38 to Poe Declaration, #35 Exhibit 44 to Poe Declaration, #36 Exhibit 45 to Poe Declaration, #37 Exhibit 46 to Poe Declaration, #38 Exhibit 47 to Poe Declaration, #39 Exhibit 48 to Poe Declaration, #40 Exhibit 50 to Poe Declaration, #41 Exhibit 51 to Poe Declaration, #42 Exhibit 55 to Poe Declaration, #43 Exhibit 56 to Poe Declaration, #44 Exhibit 57 to Poe Declaration, #45 Exhibit 61 to Poe Declaration, #46 Exhibit 62 to Poe Declaration, #47 Exhibit 67 to Poe Declaration, #48 Exhibit 87 to Poe Declaration, #49 Exhibit 88 to Poe Declaration, #50 Exhibit 90 to Poe Declaration, #51 Exhibit 91 to Poe Declaration, #52 Exhibit 92 to Poe Declaration, #53 Exhibit 94 to Poe Declaration, #54 Exhibit 96 to Poe Declaration, #55 Exhibit 100 to Poe Declaration, #56 Exhibit 101 to Poe Declaration, #57 Plaintiffs' Motion to Exclude Evidence, #58 Exhibit C to Gaw Declaration, #59 Exhibit D to Gaw Declaration, #60 Exhibit G to Gaw Declaration, #61 Exhibit I to Gaw Declaration, #62 Exhibit J to Gaw Declaration, #63 Exhibit K to Gaw Declaration, #64 Exhibit L to Gaw Declaration, #65 Exhibit N to Gaw Declaration, #66 Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Poe, Mark) (Filed on 9/1/2017)
September 1, 2017	Filing 284 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NO. 197) (Attachments: #1 Motion for Reconsideration, #2 Exhibit 2 to Gaw Declaration, #3 Exhibit 3 to Gaw Declaration, #4 Exhibit 4 to Gaw Declaration, #5 Exhibit 5 to Gaw Declaration, #6 Exhibit 6 to Gaw Declaration, #7 Exhibit 7 to Gaw Declaration, #8 Exhibit 8 to Gaw Declaration, #9 Exhibit 9 to Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)
September 1, 2017	CASE REFERRED to Magistrate Judge Howard R. Lloyd for Settlement. (lmh, COURT STAFF) (Filed on 9/1/2017)
August 30, 2017	Filing 283 ORDER RE: ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Re: Dkt. Nos. #197 , #207 , #216 , #222 , #242 , #252 , #261 , #267 . Signed by Judge Nathanael Cousins on 8/30/2017. (lmh, COURT STAFF) (Filed on 8/30/2017)
August 15, 2017	Filing 282 CLERK'S NOTICE RESCHEDULING Jury Trial to 10/30/2017 through 11/9/2017 9:00 AM in Courtroom 5, 4th Floor, San Jose. Pretrial Conference set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor. Pretrial filings due 10/4/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/15/2017)
August 15, 2017	Filing 281 ORDER of USCA The court, in its discretion, denies the petition for permission to appeal the district courts April 7, 2017 order denying class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). On April 21, 2017, petitioners filed a notice of intent to file previously sealed materials publicly pursuant to Interim Ninth Circuit Rule 27-13(f) (Docket Entry No. #1 , Document 4) and submitted the Rule 23(f) petition and supporting appendix provisionally under seal (Docket Entry No. #1 , Documents 2, 3). On May 22, 2017, respondents filed a motion to maintain portions of the Rule 23(f) petition and appendix in support thereof under seal, and to file or maintain under seal portions of exhibits D, E, F, and I of the Safyan Declaration in support of respondents answer in opposition to the Rule 23(f) petition (Docket Entry No. #10 ). Respondents motion to maintain the seal is granted, as outlined below. Within 14 days after the date of this order, petitioners shall submit a redacted Rule 23(f) petition and appendix that track the redactions set forth in respondents motion to maintain the seal. Upon submission of the redacted petition and appendix, the Clerk shall file publicly the redacted petition and appendix; and shall file under seal the unredacted petition and appendix.(sfbS, COURT STAFF) (Filed on 8/15/2017)
August 14, 2017	Filing 280 STATUS REPORT re: Trial Date and ADR by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 8/14/2017)
August 10, 2017	Filing 279 CASE MANAGEMENT STATEMENT filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 8/10/2017)
August 2, 2017	Filing 278 TRANSCRIPT ORDER for proceedings held on 08/02/2017 before Magistrate Judge Nathanael M. Cousins by Innovation Ventures LLC, Living Essentials LLC, for Court Reporter FTR - San Jose. (Hawxhurst, Gerald) (Filed on 8/2/2017) (TRANSCRIBER: VICTORIA VALINE) Modified on 8/2/2017 (lmh, COURT STAFF).
August 2, 2017	Filing 277 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing held on 8/2/2017 re: Motions for Summary Judgment #218 #224 ; Daubert Motions #219 #229 ; Court takes motions under submission. Counsel to confer regarding referral for settlement conference and report to the Court within one week regarding which magistrate and timing. Plaintiffs' Attorney: Mark Poe. Also present: Randolph Gaw, Victor Meng, Samuel Song. Defendants' Attorneys: Gerald Hawxhurst, Alexander Safyan. (FTR Time 1:08pm-1:32pm/1:50pm-2:39pm.) This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/2/2017)
July 26, 2017	Filing 276 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/26/2017)
July 25, 2017	Filing 275 Declaration of Libby Hausler in Support of #267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Su ... filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #267 ) (Hawxhurst, Gerald) (Filed on 7/25/2017)
July 24, 2017	Filing 274 OBJECTIONS to re #266 Declaration in Support, by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 7/24/2017)
July 24, 2017	Filing 273 CLERK'S NOTICE RESETTING the case management conference to 01:00 PM on 8/2/2017 before Judge Cousins in Courtroom 7, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhS, COURT STAFF) (Filed on 7/24/2017)
July 21, 2017	Filing 272 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Su (Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 271 Declaration of Randolph Gaw in Support of #269 Reply to Opposition/Response, #270 Reply to Opposition/Response (Supplemental Declaration of Randolph Gaw in Support of Plaintiffs' Motions to Exclude Evidence and Exclude Expert Opinion Testimony of Dr. Glenn Woroch) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit O, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T)(Related document(s) #269 , #270 ) (Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 270 REPLY (re #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 269 REPLY (re #228 MOTION to Exclude Evidence ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 268 REPLY (re #224 MOTION for Partial Summary Judgment ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Support of Motion to Exclude Evidence; Plaintiffs' Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; and Exhibits O, P, Q, and T to the Supplemental Declaration of Randolph Gaw filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Support of Admin Motion to Seal, #2 Proposed Order, #3 Redacted Song Declaration, #4 Unredacted Song Declaration, #5 Redacted Reply in Support of Motion for Partial Summary Judgment, #6 Unredacted Reply in Support of Motion for Partial Summary Judgment, #7 Redacted Reply in Support of Motion to Exclude Evidence, #8 Unredacted Reply in Support of Motion to Exclude Evidence, #9 Redacted Reply in Support of Motion to Exclude Woroch Expert Opinion Testimony, #10 Unredacted Reply in Support of Motion to Exclude Woroch Expert Opinion Testimony, #11 Unredacted Exhibit O to Supplemental Gaw Declaration, #12 Unredacted Exhibit P to Supplemental Gaw Declaration, #13 Redacted Exhibit Q to Supplemental Gaw Declaration, #14 Unredacted Exhibit Q to Supplemental Gaw Declaration, #15 Unredacted Exhibit T to Supplemental Gaw Declaration)(Poe, Mark) (Filed on 7/21/2017)
July 21, 2017	Filing 266 Declaration of Dr. Glenn Woroch in Support of #264 Reply to Opposition/Response, #265 Declaration in Support, filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #264 , #265 ) (Hawxhurst, Gerald) (Filed on 7/21/2017)
July 21, 2017	Filing 265 Declaration of Gerald E. Hawxhurst in Support of #263 Reply to Opposition/Response, #264 Reply to Opposition/Response filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #263 , #264 ) (Hawxhurst, Gerald) (Filed on 7/21/2017)
July 21, 2017	Filing 264 REPLY (re #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/21/2017)
July 21, 2017	Filing 263 REPLY (re #218 MOTION for Summary Judgment ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/21/2017)
July 21, 2017	Filing 262 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #261 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment and Dr. Woroch Reply Declaration (Hawxhurst, Gerald) (Filed on 7/21/2017)
July 21, 2017	Filing 261 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment and Dr. Woroch Reply Declaration filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Reply in support of Motion for Summary Judgment, #4 Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment, #5 Redacted Version of Dr. Woroch Reply Declaration, #6 Unredacted Version of Dr. Woroch Reply Declaration)(Hawxhurst, Gerald) (Filed on 7/21/2017)
July 18, 2017	Filing 260 Declaration of Libby Hausler in Support of #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57,, #243 Exhibits to an Administrative Motion to File Under Seal,,,,,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #242 , #243 ) (Hawxhurst, Gerald) (Filed on 7/18/2017)
July 17, 2017	Filing 259 NOTICE by Innovation Ventures LLC, Living Essentials LLC of filing of Supplemental Authority in Ninth Circuit (Attachments: #1 Letter re Supplemental Authority)(Hawxhurst, Gerald) (Filed on 7/17/2017)
July 14, 2017	Filing 258 Declaration of Dr. Glenn Woroch in Support of #256 Opposition/Response to Motion filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #256 ) (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 257 Declaration of Alexander R. Safyan in Support of #255 Opposition/Response to Motion, #254 Opposition/Response to Motion, #256 Opposition/Response to Motion filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Related document(s) #255 , #254 , #256 ) (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 256 OPPOSITION/RESPONSE (re #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 255 OPPOSITION/RESPONSE (re #228 MOTION to Exclude Evidence ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 254 OPPOSITION/RESPONSE (re #224 MOTION for Partial Summary Judgment ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 253 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #252 Administrative Motion to File Under Seal Unredacted Versions of Defendants' Oppositions to Plaintiffs' Motion for Partial Summary Judgment, Motion to Exclude Evidence, and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; Ex ... (Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 252 Administrative Motion to File Under Seal Unredacted Versions of Defendants' Oppositions to Plaintiffs' Motion for Partial Summary Judgment, Motion to Exclude Evidence, and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; Exhibits D, E, F, and M to the Declaration of Alexander R. Safyan; and Declaration of Dr. Glenn Woroch filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment, #4 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment, #5 Redacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Evidence, #6 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Evidence, #7 Redacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #8 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #9 Exhibit D to Safyan Declaration (Redacted), #10 Exhibit D to Safyan Declaration (Unredacted), #11 Exhibit E to Safyan Declaration (Redacted), #12 Exhibit E to Safyan Declaration (Unredacted), #13 Exhibit F to Safyan Declaration (Redacted), #14 Exhibit F to Safyan Declaration (Unredacted), #15 Exhibit M to Safyan Declaration (Redacted), #16 Exhibit M to Safyan Declaration (Unredacted), #17 Redacted Version of Dr. Woroch Declaration, #18 Unredacted Version of Dr. Woroch Declaration)(Hawxhurst, Gerald) (Filed on 7/14/2017)
July 14, 2017	Filing 251 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57,, #243 Exhibits to an Administrative Motion to File Under Seal,,,,,,,, (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 250 Declaration of Randolph Gaw in Support of #249 Opposition/Response to Motion to Exclude Merits Expert Opinion of Dr. McDuff filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 25, #11 Exhibit 28, #12 Exhibit 35, #13 Exhibit 37, #14 Exhibit 44, #15 Exhibit 47, #16 Exhibit 51, #17 Exhibit 55, #18 Exhibit 56, #19 Exhibit 60, #20 Exhibit 91, #21 Exhibit 96, #22 Exhibit 215, #23 Exhibit 216)(Related document(s) #249 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 249 OPPOSITION/RESPONSE (re #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 248 Declaration of Albert Lee in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 247 Declaration of Ramzy Rahib in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 246 Declaration of Rami Yousif in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 245 Declaration of Mark Poe in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 15, #11 Exhibit 25, #12 Exhibit 44, #13 Exhibit 48, #14 Exhibit 51, #15 Exhibit 55, #16 Exhibit 57, #17 Exhibit 92, #18 Exhibit 96, #19 Exhibit 101)(Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 244 OPPOSITION/RESPONSE (re #218 MOTION for Summary Judgment ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 243 EXHIBITS re #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57, 92, 96, and 101 to the Declaration of Mark Poe in Opposition to Defendants Motion for Summary Judgment; Plaintiffs Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff; and Exhibits 1-2, 7-9, 25, 28, 35, 37, 44, 47, 51, 55-56, 60, 91, and 96 to the Declaration of Randolph Gaw in Opposition to Motion to Exclude Merits Expert Opinion filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Redacted Opp to Motion to Exclude Expert Opinion, #2 Unredacted Opp to Motion to Exclude Expert Opinion, #3 Unredacted Exhibit 1 to Gaw Decl, #4 Unredacted Exhibit 2 to Gaw Decl, #5 Redacted Exhibit 7 to Gaw Decl, #6 Unredacted Exhibit 7 to Gaw Decl, #7 Redacted Exhibit 8 to Gaw Decl, #8 Unredacted Exhibit 8 to Gaw Decl, #9 Unredacted Exhibit 9 to Gaw Decl, #10 Redacted Exhibit 25 to Gaw Decl, #11 Unredacted Exhibit 25 to Gaw Decl, #12 Redacted Exhibit 28 to Gaw Decl, #13 Unredacted Exhibit 28 to Gaw Decl, #14 Redacted Exhibit 35 to Gaw Decl, #15 Unredacted Exhibit 35 to Gaw Decl, #16 Redacted Exhibit 37 to Gaw Decl, #17 Unredacted Exhibit 37 to Gaw Decl, #18 Redacted Exhibit 44 to Gaw Decl, #19 Unredacted Exhibit 44 to Gaw Decl, #20 Redacted Exhibit 47 to Gaw Decl, #21 Unredacted Exhibit 47 to Gaw Decl, #22 Redacted Exhibit 51 to Gaw Decl, #23 Unredacted Exhibit 51 to Gaw Decl, #24 Redacted Exhibit 55 to Gaw Decl, #25 Unredacted Exhibit 55 to Gaw Decl, #26 Redacted Exhibit 56 to Gaw Decl, #27 Unredacted Exhibit 56 to Gaw Decl, #28 Redacted Exhibit 60 to Gaw Decl, #29 Unredacted Exhibit 60 to Gaw Decl, #30 Redacted Exhibit 91 to Gaw Decl, #31 Unredacted Exhibit 91 to Gaw Decl, #32 Redacted Exhibit 96 to Gaw Decl, #33 Unredacted Exhibit 96 to Gaw Decl)(Related document(s) #242 ) (Poe, Mark) (Filed on 7/14/2017)
July 14, 2017	Filing 242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57, 92, 96, and 101 to the Declaration of Mark Poe in Opposition to Defendants Motion for Summary Judgment; Plaintiffs Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff; and Exhibits 1-2, 7-9, 25, 28, 35, 37, 44, 47, 51, 55-56, 60, 91, and 96 to the Declaration of Randolph Gaw in Opposition to Motion to Exclude Merits Expert Opinion filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Support of Admin Motion to Seal, #2 Proposed Order Granting Admin Motion to Seal, #3 Redacted Song Decl Re: Docs Sought to Be Sealed, #4 Unredacted Song Decl Re: Docs Sought to Be Sealed, #5 Redacted Opp to Motion for Summary Judgment, #6 Unredacted Opp to Motion for Summary Judgment, #7 Unredacted Exhibit 2 to Poe Decl, #8 Unredacted Exhibit 5 to Poe Decl, #9 Redacted Exhibit 7 to Poe Decl, #10 Unredacted Exhibit 7 to Poe Decl, #11 Redacted Exhibit 8 to Poe Decl, #12 Unredacted Exhibit 8 to Poe Decl, #13 Unredacted Exhibit 9 to Poe Decl, #14 Redacted Exhibit 15 to Poe Decl, #15 Unredacted Exhibit 15 to Poe Decl, #16 Redacted Exhibit 25 to Poe Decl, #17 Unredacted Exhibit 25 to Poe Decl, #18 Redacted Exhibit 44 to Poe Decl, #19 Unredacted Exhibit 44 to Poe Decl, #20 Redacted Exhibit 48 to Poe Decl, #21 Unredacted Exhibit 48 to Poe Decl, #22 Redacted Exhibit 51 to Poe Decl, #23 Unredacted Exhibit 51 to Poe Decl, #24 Redacted Exhibit 55 to Poe Decl, #25 Unredacted Exhibit 55 to Poe Decl, #26 Redacted Exhibit 57 to Poe Decl, #27 Unredacted Exhibit 57 to Poe Decl, #28 Redacted Exhibit 92 to Poe Decl, #29 Unredacted Exhibit 92 to Poe Decl, #30 Redacted Exhibit 96 to Poe Decl, #31 Unredacted Exhibit 96 to Poe Decl, #32 Redacted Exhibit 101 to Poe Decl, #33 Unredacted Exhibit 101 to Poe Decl)(Poe, Mark) (Filed on 7/14/2017)
July 13, 2017	Filing 241 ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF CLASS CERTIFICATION ORDER. Re: Dkt. Nos. #199 , #209 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/13/2017)
July 9, 2017	Filing 240 DECLARATION of Randolph Gaw in Opposition to #238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #238 ) (Gaw, Randolph) (Filed on 7/9/2017)
July 9, 2017	Filing 239 OPPOSITION/RESPONSE (re #238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 7/9/2017)
July 7, 2017	Filing 238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, filed by Innovation Ventures LLC, Living Essentials LLC. Responses due by 7/11/2017. (Attachments: #1 Declaration of Matthew Dolmage, #2 Proposed Order)(Hawxhurst, Gerald) (Filed on 7/7/2017)
July 6, 2017	Filing 237 DECLARATION of Randolph Gaw in Opposition to #236 Declaration in Support,, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #236 ) (Gaw, Randolph) (Filed on 7/6/2017)
July 5, 2017	Filing 236 Declaration of Libby Hausler in Support of #233 Exhibits to an Administrative Motion to File Under Seal,, #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor, #223 Exhibits to an Administrative Motion to File Under Seal,,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit 1 to Hausler Declaration)(Related document(s) #233 , #222 , #223 ) (Hawxhurst, Gerald) (Filed on 7/5/2017)
July 3, 2017	Filing 235 OPPOSITION/RESPONSE (re #216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woro ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/3/2017)
July 3, 2017	Filing 234 ORDER GRANTING Motion to Remove Incorrectly Filed Document Docket No. [222-3] filed by Plaintiff ABC Distributing, Inc. #232 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/3/2017)
July 3, 2017	Filing 233 EXHIBITS re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor (CORRECTED REDACTED VERSION OF DECLARATION OF SAMUEL SONG REGARDING DOCUMENTS SOUGHT TO BE FILED UNDER SEAL, CORRECTION OF DOCKET # [222-3] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #222 ) (Poe, Mark) (Filed on 7/3/2017)
July 3, 2017	Filing 232 MOTION to Remove Incorrectly Filed Document Docket No. [222-3] filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 7/3/2017)
June 30, 2017	Filing 231 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor, #223 Exhibits to an Administrative Motion to File Under Seal,,,,, (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 230 Declaration of Randolph Gaw in Support of #228 MOTION to Exclude Evidence , #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #228 , #229 ) (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 228 MOTION to Exclude Evidence filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Exclude Evidence)(Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 227 Declaration of Mark Poe in Support of #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 44, #42 Exhibit 45, #43 Exhibit 46, #44 Exhibit 47, #45 Exhibit 48, #46 Exhibit 50, #47 Exhibit 51, #48 Exhibit 55, #49 Exhibit 56, #50 Exhibit 57, #51 Exhibit 61, #52 Exhibit 62, #53 Exhibit 67, #54 Exhibit 81, #55 Exhibit 86, #56 Exhibit 87, #57 Exhibit 88, #58 Exhibit 90, #59 Exhibit 91, #60 Exhibit 92, #61 Exhibit 94, #62 Exhibit 96, #63 Exhibit 100, #64 Exhibit 101)(Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 226 Declaration of DeForest McDuff, Ph.D. in Support of #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A to McDuff Declaration)(Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 225 Request for Judicial Notice re #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 224 MOTION for Partial Summary Judgment filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment)(Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 223 EXHIBITS re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Redacted Mot to Exclude Evidence, #2 Unredacted Mot to Exclude Evidence, #3 Redacted Exhibit C to Gaw Decl ISO Mot to Exclude Evidence, #4 Unredacted Exhibit C to Gaw Decl, #5 Redacted Exhibit D to Gaw Decl, #6 Unredacted Exhibit D to Gaw Decl, #7 Unredacted Exhibit G to Gaw Decl, #8 Redacted Exhibit I to Gaw Decl, #9 Unredacted Exhibit I to Gaw Decl, #10 Redacted Exhibit J to Gaw Decl, #11 Unredacted Exhibit J to Gaw Decl, #12 Unredacted Exhibit K to Gaw Decl, #13 Redacted Exhibit L to Gaw Decl, #14 Unredacted Exhibit L to Gaw Decl, #15 Redacted Exhibit N to Gaw Decl, #16 Unredacted Exhibit N to Gaw Decl, #17 Redacted Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #18 Unredacted Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Related document(s) #222 ) (Poe, Mark) (Filed on 6/30/2017)
June 30, 2017	Filing 222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Support of Plaintiffs' Motion for Partial Summary Judgment and Exhibit A attached thereto; Exhibits 1-9, 11-13, 15, 18-22, 24-36, 38, 44-48, 50-51, 55-57, 61-62, 67, 87-88, 90-92, 94, 96, and 100-101 to the Declaration of Mark Poe in Support of Plaintiffs Motion for Partial Summary Judgment; Plaintiffs' Motion to Exclude Evidence; Exhibits C, D, G, I, J, K, L, and N to the Declaration of Randolph Gaw in Support of Plaintiffs Motion to Exclude Evidence and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; and Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Supp of Admin Mot to Seal, #2 Proposed Order Granting Admin Motion to Seal, #3DOCUMENT REMOVED PURSUANT TO ORDER #234 Redacted Song Decl Re: Docs Sought to Be Sealed, #4 Unredacted Song Decl Re: Docs Sought to Be Sealed, #5 Redacted Mot for Partial Summary Judgment, #6 Unredacted Mot for Partial Summary Judgment, #7 Redacted McDuff Decl ISO Mot for Partial Summary Judgment, #8 Unredacted McDuff Decl ISO Mot for Partial Summary Judgment, #9 Redacted Exhibit A to McDuff Decl, #10 Unredacted Exhibit A to McDuff Decl, #11 Unredacted Exhibit 1 to Poe Decl ISO Mot for Partial Summary Judgment, #12 Redacted Exhibit 2 to Poe Decl, #13 Unredacted Exhibit 2 to Poe Decl, #14 Unredacted Exhibit 3 to Poe Decl, #15 Redacted Exhibit 4 to Poe Decl, #16 Unredacted Exhibit 4 to Poe Decl, #17 Redacted Exhibit 5 to Poe Decl, #18 Unredacted Exhibit 5 to Poe Decl, #19 Redacted Exhibit 6 to Poe Decl, #20 Unredacted Exhibit 6 to Poe Decl, #21 Redacted Exhibit 7 to Poe Decl, #22 Unredacted Exhibit 7 to Poe Decl, #23 Unredacted Exhibit 8 to Poe Decl, #24 Redacted Exhibit 9 to Poe Decl, #25 Unredacted Exhibit 9 to Poe Decl, #26 Unredacted Exhibit 11 to Poe Decl, #27 Unredacted Exhibit 12 to Poe Decl, #28 Unredacted Exhibit 13 to Poe Decl, #29 Redacted Exhibit 15 to Poe Decl, #30 Unredacted Exhibit 15 to Poe Decl, #31 Unredacted Exhibit 18 to Poe Decl, #32 Unredacted Exhibit 19 to Poe Decl, #33 Unredacted Exhibit 20 to Poe Decl, #34 Unredacted Exhibit 21 to Poe Decl, #35 Redacted Exhibit 22 to Poe Decl, #36 Unredacted Exhibit 22 to Poe Decl, #37 Unredacted Exhibit 24 to Poe Decl, #38 Redacted Exhibit 25 to Poe Decl, #39 Unredacted Exhibit 25 to Poe Decl, #40 Redacted Exhibit 26 to Poe Decl, #41 Unredacted Exhibit 26 to Poe Decl, #42 Redacted Exhibit 27 to Poe Decl, #43 Unredacted Exhibit 27 to Poe Decl, #44 Redacted Exhibit 28 to Poe Decl, #45 Unredacted Exhibit 28 to Poe Decl, #46 Redacted Exhibit 29 to Poe Decl, #47 Unredacted Exhibit 29 to Poe Decl, #48 Redacted Exhibit 30 to Poe Decl, #49 Unredacted Exhibit 30 to Poe Decl, #50 Redacted Exhibit 31 to Poe Decl, #51 Unredacted Exhibit 31 to Poe Decl, #52 Redacted Exhibit 32 to Poe Decl, #53 Unredacted Exhibit 32 to Poe Decl, #54 Redacted Exhibit 33 to Poe Decl, #55 Unredacted Exhibit 33 to Poe Decl, #56 Redacted Exhibit 34 to Poe Decl, #57 Unredacted Exhibit 34 to Poe Decl, #58 Redacted Exhibit 35 to Poe Decl, #59 Unredacted Exhibit 35 to Poe Decl, #60 Redacted Exhibit 36 to Poe Decl, #61 Unredacted Exhibit 36 to Poe Decl, #62 Redacted Exhibit 38 to Poe Decl, #63 Unredacted Exhibit 38 to Poe Decl, #64 Redacted Exhibit 44 to Poe Decl, #65 Unredacted Exhibit 44 to Poe Decl, #66 Redacted Exhibit 45 to Poe Decl, #67 Unredacted Exhibit 45 to Poe Decl, #68 Redacted Exhibit 46 to Poe Decl, #69 Unredacted Exhibit 46 to Poe Decl, #70 Redacted Exhibit 47 to Poe Decl, #71 Unredacted Exhibit 47 to Poe Decl, #72 Redacted Exhibit 48 to Poe Decl, #73 Unredacted Exhibit 48 to Poe Decl, #74 Redacted Exhibit 50 to Poe Decl, #75 Unredacted Exhibit 50 to Poe Decl, #76 Redacted Exhibit 51 to Poe Decl, #77 Unredacted Exhibit 51 to Poe Decl, #78 Redacted Exhibit 55 to Poe Decl, #79 Unredacted Exhibit 55 to Poe Decl, #80 Redacted Exhibit 56 to Poe Decl, #81 Unredacted Exhibit 56 to Poe Decl, #82 Redacted Exhibit 57 to Poe Decl, #83 Unredacted Exhibit 57 to Poe Decl, #84 Redacted Exhibit 61 to Poe Decl, #85 Unredacted Exhibit 61 to Poe Decl, #86 Redacted Exhibit 62 to Poe Decl, #87 Unredacted Exhibit 62 to Poe Decl, #88 Redacted Exhibit 67 to Poe Decl, #89 Unredacted Exhibit 67 to Poe Decl, #90 Redacted Exhibit 87 to Poe Decl, #91 Unredacted Exhibit 87 to Poe Decl, #92 Redacted Exhibit 88 to Poe Decl, #93 Unredacted Exhibit 88 to Poe Decl, #94 Redacted Exhibit 90 to Poe Decl, #95 Unredacted Exhibit 90 to Poe Decl, #96 Redacted Exhibit 91 to Poe Decl, #97 Unredacted Exhibit 91 to Poe Decl, #98 Redacted Exhibit 92 to Poe Decl, #99 Unredacted Exhibit 92 to Poe Decl, #100 Redacted Exhibit 94 to Poe Del, #101 Unredacted Exhibit 94 to Poe Decl, #102 Redacted Exhibit 96 to Poe Decl, #103 Unredacted Exhibit 96 to Poe Decl, #104 Redacted Exhibit 100 to Poe Decl, #105 Unredacted Exhibit 100 to Poe Decl, #106 Redacted Exhibit 101 to Poe Decl, #107 Unredacted Exhibit 101 to Poe Decl)(Poe, Mark) (Filed on 6/30/2017) (Attachment 3 replaced on 7/5/2017) (sp, COURT STAFF). Modified on 7/5/2017 (sp, COURT STAFF).
June 30, 2017	Filing 221 Declaration of Dr. Glenn Woroch in Support of #218 MOTION for Summary Judgment , #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A)(Related document(s) #218 , #219 ) (Hawxhurst, Gerald) (Filed on 6/30/2017)
June 30, 2017	Filing 220 Declaration of Gerald E. Hawxhurst in Support of #218 MOTION for Summary Judgment , #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Related document(s) #218 , #219 ) (Hawxhurst, Gerald) (Filed on 6/30/2017)
June 30, 2017	Filing 219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 6/30/2017)
June 30, 2017	Filing 218 MOTION for Summary Judgment filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 6/30/2017)
June 30, 2017	Filing 217 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woro ch (Hawxhurst, Gerald) (Filed on 6/30/2017)
June 30, 2017	Filing 216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woroch in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Motion for Summary Judgment, #4 Unredacted Version of Defendants' Motion for Summary Judgment, #5 Exhibit F to Hawxhurst Declaration (Redacted), #6 Exhibit F to Hawxhurst Declaration (Unredacted), #7 Exhibit H to Hawxhurst Declaration (Redacted), #8 Exhibit H to Hawxhurst Declaration (Unredacted), #9 Exhibit I to Hawxhurst Declaration (Redacted), #10 Exhibit I to Hawxhurst Declaration (Unredacted), #11 Exhibit K to Hawxhurst Declaration (Redacted), #12 Exhibit K to Hawxhurst Declaration (Unredacted), #13 Exhibit O to Hawxhurst Declaration (Redacted), #14 Exhibit O to Hawxhurst Declaration (Unredacted), #15 Exhibit A to Woroch Declaration (Redacted), #16 Exhibit A to Woroch Declaration (Unredacted))(Hawxhurst, Gerald) (Filed on 6/30/2017)
June 20, 2017	Filing 215 CLERK'S NOTICE CONTINUING Further Case Management Conference to 8/2/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. Updated Case Management Statement due by 7/26/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/20/2017)
June 14, 2017	Filing 214 CASE MANAGEMENT STATEMENT (Supplemental) filed by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 6/14/2017)
June 14, 2017	Filing 213 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 6/14/2017)
June 5, 2017	Filing 212 NOTICE of Change of Address by Gerald Edward Hawxhurst (Hawxhurst, Gerald) (Filed on 6/5/2017)
May 23, 2017	Filing 211 NOTICE by Innovation Ventures LLC, Living Essentials LLC of filing of Answer in Opposition to Plaintiffs' Rule 23(f) Petition (Attachments: #1 Answer to Rule 23(f) Petition)(Hawxhurst, Gerald) (Filed on 5/23/2017)
May 5, 2017	Filing 210 Declaration of Alexander R. Safyan in Support of #209 Opposition/Response to Motion, for Leave to File Motion for Reconsideration of Class Certification Order filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A - Plaintiffs' Rule 23(f) Petition to Ninth Circuit (Filed Under Seal), #2 Exhibit B - Transcript of Meguiar Depo. (Redacted), #3 Exhibit C - Transcript of Allen Depo. (Redacted), #4 Exhibit D - Transcript of A. Lee Depo., #5 Exhibit E - Transcript of R. Rahib Depo.)(Related document(s) #209 ) (Hawxhurst, Gerald) (Filed on 5/5/2017)
May 5, 2017	Filing 209 OPPOSITION/RESPONSE (re #199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 5/5/2017)
May 5, 2017	Filing 208 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #207 Administrative Motion to File Under Seal Exhibits A-C to the Declaration of Alexander R. Safyan in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to File Motion for Reconsideration of Class Certification Order (Hawxhurst, Gerald) (Filed on 5/5/2017)
May 5, 2017	Filing 207 Administrative Motion to File Under Seal Exhibits A-C to the Declaration of Alexander R. Safyan in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to File Motion for Reconsideration of Class Certification Order filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Gerald E. Hawxhurst, #2 Proposed Order, #3 Exhibit A - Plaintiffs' Unredacted Rule 23(f) Petition to Ninth Circuit, #4 Exhibit B - Unredacted Transcript of Meguiar Depo., #5 Exhibit B - Redacted Transcript of Meguiar Depo., #6 Exhibit C - Unredacted Transcript of Allen Depo., #7 Exhibit C - Redacted Transcript of Allen Depo.)(Hawxhurst, Gerald) (Filed on 5/5/2017)
April 26, 2017	Filing 206 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Discovery Hearing re Joint Letter Brief #190 and further case management conference held on 4/26/2017: Defendants' motion for protective order is granted in part and denied in part; Further Case Management Conference set for 6/21/2017 10:00 AM; Updated case management statement due by 6/14/2017. Plaintiffs' Attorneys: Mark Poe, Victor Meng, Randolph Gaw, Samuel Song. Defendants' Attorneys: Alexander Safyan, Daryl Crone. (FTR Time 1:07pm - 1:39pm.) Attachment Minute order. (lmh, COURT STAFF) (Date Filed: 4/26/2017)
April 25, 2017	Filing 205 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 4/25/2017)
April 24, 2017	Filing 204 Declaration of Libby Hausler in Support of #197 Administrative Motion to File Under Seal Motion for Leave to File Motion for Reconsideration filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #197 ) (Safyan, Alexander) (Filed on 4/24/2017)
April 24, 2017	Filing 203 ORDER GRANTING STOEL RIVES, LLP'S REQUEST TO WITHDRAW AS COUNSEL OF RECORD. #196 . Attorneys Jonathan Arthur Miles; Edward Charles Duckers and Bryan Lakeith Hawkins terminated. Signed by Judge Nathanael Cousins on 4/24/2017. (lmh, COURT STAFF) (Filed on 4/24/2017)
April 24, 2017	Filing 202 CLERK'S NOTICE: Defendants are requested to respond to plaintiffs' motion for leave to file motion for reconsideration on class certification #199 by May 5. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/24/2017)
April 24, 2017	Filing 201 CLERK'S NOTICE: Parties are to file by 4/25 at 5:00 PM an updated case management statement, and joint update to discovery letter brief, Dkt. #190 , in light of Court's ruling on class certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/24/2017)
April 21, 2017	Filing 200 Declaration of Randolph Gaw in Support of #199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Related document(s) #199 ) (Gaw, Randolph) (Filed on 4/21/2017)
April 21, 2017	Filing 199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Gaw, Randolph) (Filed on 4/21/2017)
April 21, 2017	Filing 198 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #197 Administrative Motion to File Under Seal (Gaw, Randolph) (Filed on 4/21/2017)
April 21, 2017	Filing 197 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Motion for Leave to File Motion for Reconsideration, #4 Unredacted Version of Motion for Leave to File Motion for Reconsideration, #5 Unredacted Version of Exhibit 2 to Declaration of Randolph Gaw, #6 Redacted Version of Exhibit 3 to Declaration of Randolph Gaw, #7 Unredacted Version of Exhibit 3 to Declaration of Randolph Gaw, #8 Redacted Version of Exhibit 4 to Declaration of Randolph Gaw, #9 Unredacted Version of Exhibit 4 to Declaration of Randolph Gaw, #10 Redacted Version of Exhibit 5 to Declaration of Randolph Gaw, #11 Unredacted Version of Exhibit 5 to Declaration of Randolph Gaw, #12 Redacted Version of Exhibit 6 to Declaration of Randolph Gaw, #13 Unredacted Version of Exhibit 6 to Declaration of Randolph Gaw, #14 Redacted Version of Exhibit 7 to Declaration of Randolph Gaw, #15 Unredacted Version of Exhibit 7 to Declaration of Randolph Gaw, #16 Redacted Version of Exhibit 8 to Declaration of Randolph Gaw, #17 Unredacted Version of Exhibit 8 to Declaration of Randolph Gaw, #18 Redacted Version of Exhibit 9 to Declaration of Randolph Gaw, #19 Unredacted Version of Exhibit 9 to Declaration of Randolph Gaw)(Gaw, Randolph) (Filed on 4/21/2017)
April 21, 2017	Filing 196 NOTICE of Change In Counsel by Bryan Lakeith Hawkins STOEL RIVES, LLP'S REQUEST TO WITHDRAW AS COUNSEL OF RECORD; [PROPOSED] ORDER (Hawkins, Bryan) (Filed on 4/21/2017)
April 17, 2017	Filing 195 ORDER ON MOTIONS TO SEAL DKT. NOS. #149 , #163 , #172 . Re: Dkt. Nos. #149 , #163 , #172 , #194 . Signed by Judge Nathanael Cousins on 4/17/2017. (lmh, COURT STAFF) (Filed on 4/17/2017)
April 13, 2017	Filing 194 Supplemental Brief re #193 Order on Administrative Motion to File Under Seal,,,, Order on Motion to Remove Incorrectly Filed Document,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A to Poe Declaration, #2 Exhibit B to Poe Declaration, #3 Exhibit C to Poe Declaration, #4 Exhibit D to Poe Declaration, #5 Exhibit E to Poe Declaration, #6 Exhibit F to Poe Declaration, #7 Exhibit G to Poe Declaration, #8 Exhibit H to Poe Declaration, #9 Exhibit I to Poe Declaration, #10 Exhibit J to Poe Declaration, #11 Exhibit N to Poe Declaration, #12 Exhibit O to Poe Declaration, #13 Exhibit P to Poe Declaration, #14 Exhibit Q to Poe Declaration, #15 Exhibit R to Poe Declaration, #16 Exhibit S to Poe Declaration, #17 Exhibit T to Poe Declaration, #18 Exhibit U to Poe Declaration, #19 Exhibit V to Poe Declaration, #20 Exhibit W to Poe Declaration, #21 Exhibit Y to Poe Declaration, #22 Exhibit Z to Poe Declaration, #23 Exhibit AA to Poe Declaration, #24 Exhibit BB to Poe Declaration, #25 Exhibit CC to Poe Declaration, #26 Exhibit A to Gaw Declaration, #27 Exhibit B to Gaw Declaration, #28 Exhibit C to Gaw Declaration, #29 Exhibit E to Gaw Declaration, #30 Exhibit F to Gaw Declaration, #31 Exhibit H to Gaw Declaration, #32 Exhibit I to Gaw Declaration, #33 Exhibit L to Gaw Declaration, #34 Exhibit M to Gaw Declaration, #35 Exhibit N to Gaw Declaration, #36 Exhibit O to Gaw Declaration, #37 Exhibit P to Gaw Declaration, #38 Exhibit Q to Gaw Declaration, #39 Exhibit R to Gaw Declaration, #40 Exhibit S to Gaw Declaration, #41 Exhibit T to Gaw Declaration, #42 Exhibit U to Gaw Declaration, #43 Exhibit V to Gaw Declaration, #44 Exhibit W to Gaw Declaration, #45 Exhibit FF to Poe Declaration, #46 Exhibit II to Poe Declaration, #47 Exhibit KK to Poe Declaration, #48 Exhibit LL to Poe Declaration, #49 Exhibit MM to Poe Declaration)(Related document(s) #193 ) (Hawxhurst, Gerald) (Filed on 4/13/2017)
April 9, 2017	Filing 193 ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL. Re: Dkt. Nos. #149 , #154 , #158 , #163 , #171 , #172 , #179 , #180 , #188 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/9/2017)
April 7, 2017	Filing 192 ORDER DENYING MOTION FOR CLASS CERTIFICATION; DENYING MOTION TO STRIKE EXPERT REPORT. Re: Dkt. Nos. #151 , #156 . Discovery Hearing and Case Management Conference set for 4/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/7/2017).
March 24, 2017	Filing 191 CLERK'S NOTICE SETTING HEARING re Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions #190 for 4/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/24/2017)
March 23, 2017	Filing 190 Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit December 14, 2016 Hearing Transcript, #2 Declaration of Gerald E. Hawxhurst, #3 Declaration of Steve Ramsey, #4 Declaration of Sue LeBeau, #5 Declaration of Mark Poe, #6 Exhibit A to Poe Declaration, #7 Exhibit B to Poe Declaration, #8 Exhibit C to Poe Declaration, #9 Exhibit D to Poe Declaration, #10 Exhibit E to Poe Declaration, #11 Exhibit F to Poe Declaration, #12 Exhibit G to Poe Declaration)(Hawxhurst, Gerald) (Filed on 3/23/2017)
March 23, 2017	Filing 189 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #188 Administrative Motion to File Under Seal Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions, and Exhibits D-G to the Declaration of Mark Poe (Hawxhurst, Gerald) (Filed on 3/23/2017)
March 23, 2017	Filing 188 Administrative Motion to File Under Seal Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions, and Exhibits D-G to the Declaration of Mark Poe filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Joint Discovery Letter, #4 Unredacted Version of Joint Discovery Letter, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Hawxhurst, Gerald) (Filed on 3/23/2017)
March 9, 2017	Filing 187 Transcript of Proceedings held on December 14, 2016, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. 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 #186 Transcript Order, ) Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (Related documents(s) #186 ) (Columbini, Joan) (Filed on 3/9/2017).
March 7, 2017	Filing 186 TRANSCRIPT ORDER for proceedings held on December 14, 2016 before Magistrate Judge Nathanael M. Cousins by Innovation Ventures LLC, Living Essentials LLC, for Court Reporter FTR - San Jose. (Hawxhurst, Gerald) (Filed on 3/7/2017) (TRASCRIBER: JOAN COLUMBINI) Modified on 3/7/2017 (lmh, COURT STAFF).
March 6, 2017	Filing 185 CLERK'S NOTICE VACATING THE HEARING set for 3/8/2017 01:00 PM re Motion to Certify Class #151 and Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff #156 . The Court finds the motions suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/6/2017)
February 22, 2017	Filing 184 Declaration of Darrell Williams, Ph.D. in Support of #182 Reply to Opposition/Response, Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #182 ) (Hawxhurst, Gerald) (Filed on 2/22/2017)
February 22, 2017	Filing 183 Declaration of Gerald E. Hawxhurst in Support of #182 Reply to Opposition/Response, Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (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) #182 ) (Hawxhurst, Gerald) (Filed on 2/22/2017)
February 22, 2017	Filing 182 REPLY (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 2/22/2017)
February 22, 2017	Filing 181 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #179 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff, Exhibits A-G to the Declaration of Gerald E. Hawxhurst in support thereof, an, #180 Supplemental Administrative Motion to File Under Seal Unredacted Declaration of Darrell Williams, Ph.D. in Support of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff (Hawxhurst, Gerald) (Filed on 2/22/2017)
February 22, 2017	Filing 180 Supplemental Administrative Motion to File Under Seal Unredacted Declaration of Darrell Williams, Ph.D. in Support of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit H - Redacted Reply Declaration of Darrell Williams, Ph.D., #4 Exhibit H - Unredacted Reply Declaration of Darrell Williams, Ph.D.)(Hawxhurst, Gerald) (Filed on 2/22/2017)
February 22, 2017	Filing 179 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff, Exhibits A-G to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Darrell Williams, Ph.D., in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. McDuff, #4 Exhibit Unredacted Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. McDuff, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Hawxhurst, Gerald) (Filed on 2/22/2017)
February 21, 2017	Filing 178 Declaration of Libby Hausler in Support of #172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #172 ) (Safyan, Alexander) (Filed on 2/21/2017)
February 21, 2017	Filing 177 Declaration of Libby Hausler in Support of #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #163 ) (Safyan, Alexander) (Filed on 2/21/2017)
February 17, 2017	Filing 176 Declaration of Mark Poe in Support of #174 Reply to Opposition/Response Plaintiffs' Motion for Class Certification filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit DD, #2 Exhibit EE, #3 Exhibit FF, #4 Exhibit GG, #5 Exhibit HH, #6 Exhibit II, #7 Exhibit JJ, #8 Exhibit KK, #9 Exhibit LL, #10 Exhibit MM, #11 Exhibit NN, #12 Exhibit OO)(Related document(s) #174 ) (Poe, Mark) (Filed on 2/17/2017)
February 17, 2017	Filing 175 Declaration of DeForest McDuff, Ph.D. in Support of #174 Reply to Opposition/Response Plaintiffs' Motion for Class Certification filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #174 ) (Poe, Mark) (Filed on 2/17/2017)
February 17, 2017	Filing 174 REPLY (re #151 MOTION to Certify Class ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/17/2017)
February 17, 2017	Filing 173 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof (Poe, Mark) (Filed on 2/17/2017)
February 17, 2017	Filing 172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, #3 Redacted Reply in Support of Motion for Class Certification, #4 Unredacted Reply in Support of Motion for Class Certification, #5 Exhibit DD, #6 Exhibit EE, #7 Exhibit FF, #8 Exhibit GG, #9 Exhibit HH, #10 Exhibit II, #11 Exhibit JJ, #12 Exhibit KK, #13 Exhibit LL, #14 Exhibit MM)(Poe, Mark) (Filed on 2/17/2017)
February 16, 2017	Filing 171 MOTION to Remove Incorrectly Filed Document (Docket Nos. [163-3] and #165 ) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 2/16/2017)
February 16, 2017	Filing 170 OPPOSITION/RESPONSE (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) (REVISED REDACTED VERSION OF PLAINTIFFS' OPPOSITION TO MOTION TO EXCLUDE EXPERT OPINION OF DR. MCDUFF), CORRECTION OF DOCKET #165 filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)
February 16, 2017	Filing 169 EXHIBITS re #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof (REVISED REDACTED VERSION OF PLAINTIFFS' OPPOSITION TO MOTION TO EXCLUDE EXPERT OPINION OF DR. MCDUFF), CORRECTION OF DOCKET # [163-3] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #163 ) (Poe, Mark) (Filed on 2/16/2017)
February 16, 2017	Filing 168 Proposed Order Granting Plaintiffs' Administrative Motion to File Documents Under Seal, CORRECTION OF DOCKET # [163-2] by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)
February 16, 2017	Filing 167 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Documents Under Seal, CORRECTION OF DOCKET # [163-1] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)
February 15, 2017	Filing 166 Declaration of Randolph Gaw in Support of #165 Opposition/Response to Motion, to Exclude Expert Opinion of Dr. McDuff filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #165 ) (Poe, Mark) (Filed on 2/15/2017)
February 15, 2017	Filing 165 * DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. * OPPOSITION/RESPONSE (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/15/2017) Modified on 2/16/2017 (ewn, COURT STAFF). See Document Number 170 for correction. Modified on 2/17/2017 (srnS, COURT STAFF).
February 15, 2017	Filing 164 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof (Poe, Mark) (Filed on 2/15/2017)
February 15, 2017	Filing 163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, * #3 Redacted Opposition to Motion to Exclude Expert Testimony DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. * , #4 Unredacted Opposition to Motion to Exclude Expert Testimony, #5 Exhibit A to Gaw Declaration, #6 Exhibit B to Gaw Declaration, #7 Exhibit C to Gaw Declaration, #8 Exhibit D to Gaw Declaration, #9 Exhibit E to Gaw Declaration, #10 Exhibit F to Gaw Declaration, #11 Exhibit G to Gaw Declaration, #12 Exhibit H to Gaw Declaration, #13 Exhibit I to Gaw Declaration, #14 Exhibit J to Gaw Declaration, #15 Exhibit K to Gaw Declaration, #16 Exhibit L to Gaw Declaration, #17 Exhibit M to Gaw Declaration, #18 Exhibit N to Gaw Declaration, #19 Exhibit O to Gaw Declaration, #20 Exhibit P to Gaw Declaration, #21 Exhibit Q to Gaw Declaration, #22 Exhibit R to Gaw Declaration, #23 Exhibit S to Gaw Declaration, #24 Exhibit T to Gaw Declaration, #25 Exhibit U to Gaw Declaration, #26 Exhibit V to Gaw Declaration, #27 Exhibit W to Gaw Declaration, #28 Exhibit X to Gaw Declaration)(Poe, Mark) (Filed on 2/15/2017) Modified on 2/16/2017 (ewn, COURT STAFF). See Document 167 to correct 16301, 168 to correct 163-2 and 169 to correct 163-3. Modified on 2/17/2017 (srnS, COURT STAFF).
February 10, 2017	Filing 162 Declaration of Sharon Pang, Ph.D. in Support of #160 Opposition/Response to Motion to Certify Class (Ex. M to Administrative Motion to File Under Seal) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #160 ) (Hawxhurst, Gerald) (Filed on 2/10/2017)
February 10, 2017	Filing 161 Declaration of Gerald E. Hawxhurst in Support of #160 Opposition/Response to Motion to Certify Class filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Related document(s) #160 ) (Hawxhurst, Gerald) (Filed on 2/10/2017)
February 10, 2017	Filing 160 OPPOSITION/RESPONSE (re #151 MOTION to Certify Class ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 2/10/2017)
February 10, 2017	Filing 159 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #158 Administrative Motion to File Under Seal Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Class Certification, Exhibits A-L to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Sharon Pang, Ph.D., in support thereof (Hawxhurst, Gerald) (Filed on 2/10/2017)
February 10, 2017	Filing 158 Administrative Motion to File Under Seal Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Class Certification, Exhibits A-L to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Sharon Pang, Ph.D., in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Opposition to Motion for Class Certification, #4 Exhibit Unredacted Opposition to Motion for Class Certification, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M)(Hawxhurst, Gerald) (Filed on 2/10/2017)
February 1, 2017	Filing 157 Declaration of Gerald E. Hawxhurst in Support of #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (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) #156 ) (Hawxhurst, Gerald) (Filed on 2/1/2017)
February 1, 2017	Filing 156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 3/8/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 2/15/2017. Replies due by 2/22/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 2/1/2017)
February 1, 2017	Filing 155 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #154 Administrative Motion to File Under Seal Exhibits A-G to the Declaration of Gerald E. Hawxhurst in Support of Defendants' Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff (Hawxhurst, Gerald) (Filed on 2/1/2017)
February 1, 2017	Filing 154 Administrative Motion to File Under Seal Exhibits A-G to the Declaration of Gerald E. Hawxhurst in Support of Defendants' Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Hawxhurst, Gerald) (Filed on 2/1/2017)
January 31, 2017	Filing 153 Declaration of Libby Hausler in Support of #149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #149 ) (Hawkins, Bryan) (Filed on 1/31/2017)
January 27, 2017	Filing 152 Declaration of Mark Poe in Support of #151 MOTION to Certify Class filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #151 ) (Poe, Mark) (Filed on 1/27/2017)
January 27, 2017	Filing 151 MOTION to Certify Class filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 3/8/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 2/10/2017. Replies due by 2/17/2017. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 1/27/2017)
January 27, 2017	Filing 150 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) (Poe, Mark) (Filed on 1/27/2017)
January 27, 2017	Filing 149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Motion for Class Certification, #4 Unredacted Motion for Class Certification, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC)(Poe, Mark) (Filed on 1/27/2017)
December 16, 2016	Filing 148 ORDER GRANTING Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents #142 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/16/2016)
December 14, 2016	Filing 147 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 12/14/2016: Court GRANTS IN PART plaintiff's motion to compel discovery of emails from accounts of employees Ramsey and Sullivan #143 . For good cause shown by Living Essentials, the parties will share 50/50 the costs of this search and production, with plaintiffs' share capped at $15,000. Each side will pay its own attorney fees. Plaintiffs' Attorney: Mark Poe. Defendants' Attorney: Edward Duckers. (FTR Time: 10:35am - 10:47am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 12/14/2016)
December 12, 2016	Filing 146 Declaration of Libby Hausler in Support of #142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #142 ) (Hawkins, Bryan) (Filed on 12/12/2016)
December 9, 2016	Filing 145 CLERK'S NOTICE: The Court will address the Joint Discovery Letter Brief #143 at the 12/14 case management conference. (This is a text-only entry generated by the court. There is no document associated with this entry.). (lmh, COURT STAFF) (Filed on 12/9/2016)
December 8, 2016	Filing 144 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents (Song, Samuel) (Filed on 12/8/2016)
December 8, 2016	Filing 143 Joint Discovery Letter BriefRe: Ramsey and Sullivan Documents filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 7, #2 Exhibit 26, #3 Exhibit 43, #4 Exhibit 52, #5 Exhibit 55, #6 Exhibit 62, #7 Declaration of Bryan L. Hawkins, #8 Declaration of Libby Hausler)(Poe, Mark) (Filed on 12/8/2016)
December 8, 2016	Filing 142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, #3 Redacted Version of Joint Letter Brief, #4 Unredacted Version of Joint Letter Brief, #5 Exhibit 7, #6 Exhibit 26, #7 Exhibit 43, #8 Exhibit 52, #9 Exhibit 55, #10 Exhibit 62)(Poe, Mark) (Filed on 12/8/2016)
December 7, 2016	Filing 141 CASE MANAGEMENT STATEMENT Updated Joint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 12/7/2016)
October 21, 2016	Filing 140 ORDER GRANTING Letter filed by Tonic Wholesale, Inc., Elite Wholesale, Inc., ABC Distributing, Inc. #139 . Signed by Judge Nathanael Cousins on 10/21/2016. (lmh, COURT STAFF) (Filed on 10/21/2016)
October 20, 2016	Filing 139 Letter to Judge Cousins re: WalMart Update from Plaintiffs (Poe, Mark) (Filed on 10/20/2016) Modified on 10/20/2016 (bwS, COURT STAFF).
October 18, 2016	Filing 138 CLERK'S NOTICE RESETTING the Further Case Management Conference for 12/14/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Updated Case Management Statement due by 12/7/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/18/2016)
October 17, 2016	Filing 137 ORDER GRANTING Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena filed by ABC Distributing, Inc. #121 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2016)
October 17, 2016	Filing 136 ORDER GRANTING Administrative Motion to File Under Seal filed by ABC Distributing, Inc. #119 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2016)
October 13, 2016	Filing 135 ORDER AMENDING CASE SCHEDULE; RESOLVING DISCOVERY DISPUTES. Re: Dkt. Nos. #120 #122 #131 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/13/2016)
October 13, 2016	Filing 134 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Further Case Management Conference regarding discovery disputes held on 10/13/2016. Court to issue order. Attorneys for Plaintiffs: Mark Poe, Victor Meng. Attorneys for Defendants: Edward Duckers, Alexander Safyan. Attorney for Non-Party Wal-Mart: Priya Navaratnasingham. (FTR Time 3:05pm-3:08pm/3:28pm-3:57pm.)This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 10/13/2016)
October 12, 2016	Filing 133 RESPONSE (re #120 MOTION for Sanctions Re: Living Essentials' Refusal to Produce Clark Eaves for Deposition and for Interference with Subpoena [REDACTED VERSION SUBJECT TO SEALING MOTION (ECF NO. 116)] ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 10/12/2016)
October 7, 2016	Filing 132 ORDER STRIKING IMPROPER DISCOVERY BRIEFS, PRECLUDING FURTHER DISCOVERY MOTIONS, AND CLARIFYING ORDER SETTING OCT. 13 MANAGEMENT CONFERENCE. Re: Dkt. Nos. #127 #130 . Signed by Judge Nathanael Cousins on 10/7/2016. (lmh, COURT STAFF) (Filed on 10/7/2016)
October 7, 2016	Remark: Order Striking Improper Discovery Briefs #132 provided to non-party Wal-Mart's counsel via email. (lmh, COURT STAFF) (Filed on 10/7/2016)
October 6, 2016	Filing 131 Discovery Letter Briefre: Living Essentials' 30(b)(6) Deposition filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Poe, Mark) (Filed on 10/6/2016)
October 5, 2016	Filing 130 REPLY (re #122 Discovery Letter BriefRe: Wal-Mart Subpoena ) Response to Living Essentials' Brief filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/5/2016)
October 5, 2016	Filing 129 CLERK'S NOTICE SETTING Case Management Conference for 10/13/2016 at 3:00 PM. Lead counsel must attend and must be prepared to discuss all pending discovery disputes and the case schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/5/2016)
October 4, 2016	Filing 128 Declaration of Libby Hausler in Support of #121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena Pursuant to L.R. 79-5(e)(1) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #121 ) (Safyan, Alexander) (Filed on 10/4/2016)
October 4, 2016	Filing 127 Brief re #122 Discovery Letter BriefRe: Wal-Mart Subpoena In Support of Non-Party Wal-Mart's Position in Joint Letter Brief Regarding Motion to Quash Subpoena filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Related document(s) #122 ) (Hawkins, Bryan) (Filed on 10/4/2016)
October 4, 2016	Filing 126 Statement re #116 Administrative Motion to File Under Seal , #124 Declaration in Support, #125 Reply to Opposition/Response Opposing Plaintiffs' Purported "Response" to Declaration of Libby Hausler by Innovation Ventures LLC, Living Essentials LLC. (Safyan, Alexander) (Filed on 10/4/2016)
October 3, 2016	Filing 125 REPLY (re #116 Administrative Motion to File Under Seal ) Response to Hausler Declaration filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/3/2016)
October 3, 2016	Filing 124 Declaration of Libby Hausler in Support of #116 Administrative Motion to File Under Seal Pursuant to L.R. 79-5(e)(1) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #116 ) (Safyan, Alexander) (Filed on 10/3/2016)
September 30, 2016	Filing 123 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena (Song, Samuel) (Filed on 9/30/2016)
September 30, 2016	Filing 122 Discovery Letter BriefRe: Wal-Mart Subpoena filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Poe, Mark) (Filed on 9/30/2016)
September 30, 2016	Filing 121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Under Seal, #2 Proposed Order Granting Plaintiffs' Administrative Motion to File Under Seal, #3 Redacted Discovery Letter Brief Re: Wal-Mart Subpoena, #4 Unredacted Discovery Letter Brief Re: Wal-Mart Subpoena, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Poe, Mark) (Filed on 9/30/2016)
September 30, 2016	Filing 120 MOTION for Sanctions Re: Living Essentials' Refusal to Produce Clark Eaves for Deposition and for Interference with Subpoena [REDACTED VERSION SUBJECT TO SEALING MOTION (ECF NO. 116)] filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 11/2/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 10/12/2016. Replies due by 10/19/2016. (Poe, Mark) (Filed on 9/30/2016)
September 28, 2016	Filing 119 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #116 Administrative Motion to File Under Seal (Song, Samuel) (Filed on 9/28/2016)
September 28, 2016	Filing 118 Proposed Order Granting Plaintiffs' Motion for Discovery Sanctions Re: Clark Eaves Deposition by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 9/28/2016)
September 28, 2016	Filing 117 Declaration of Mark Poe in Support of Plaintiffs' Motion for Sanctions Re: Deposition of Clark Eaves filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R, #12 Exhibit S, #13 Exhibit T, #14 Exhibit U, #15 Exhibit V)(Poe, Mark) (Filed on 9/28/2016)
September 28, 2016	Filing 116 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Documents Under Seal, #2 Proposed Order Granting Plaintiffs' Administrative Motion to File Documents Under Seal, #3 Redacted Motion for Discovery Sanctions, #4 Unredacted Motion for Discovery Sanctions, #5 Exhibit A to the Poe Declaration ISO Motion for Discovery Sanctions, #6 Exhibit B to the Poe Declaration ISO Motion for Discovery Sanctions, #7 Exhibit C to the Poe Declaration ISO Motion for Discovery Sanctions, #8 Exhibit D to the Poe Declaration ISO Motion for Discovery Sanctions, #9 Exhibit E to the Poe Declaration ISO Motion for Discovery Sanctions, #10 Exhibit F to the Poe Declaration ISO Motion for Discovery Sanctions, #11 Exhibit G to the Poe Declaration ISO Motion for Discovery Sanctions)(Poe, Mark) (Filed on 9/28/2016)
September 23, 2016	Filing 115 ORDER RESOLVING DISCOVERY LETTER BRIEF. Re: Dkt. No. #112 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/23/2016)
September 21, 2016	Filing 114 NOTICE of Appearance by Alexander Robert Safyan for Defendants (Safyan, Alexander) (Filed on 9/21/2016)
September 16, 2016	Filing 113 CLERK'S NOTICE SETTING HEARING RE Second Discovery Letter Brief #112 . Hearing set for 9/28/2016 01:00 PM before Judge Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lmh, COURT STAFF) (Filed on 9/16/2016)
September 15, 2016	Filing 112 Second Discovery Letter Brief filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Poe, Mark) (Filed on 9/15/2016)
August 31, 2016	Filing 111 AMENDED CASE MANAGEMENT SCHEDULING ORDER: Class certification experts and expert reports must be disclosed by 11/11/2016; Rebuttal class certification experts must be disclosed by 12/9/2016; Close of class certification expert discovery is 1/6/2017; Plaintiff must move for class certification by 1/27/2017. The Court will hear the motion 3/8/2017; All non-expert discovery must be completed by 4/7/2017; Discovery of expert witnesses must be completed by 6/9/2017; All dispositive motions and Daubert motions must be filed and served by 6/30/2017; Dispositive motions will be heard on 8/2/2017 01:00 PM; Pretrial Conference set for 10/4/2017 02:00 PM; Jury Trial set for ten days will commence on 10/16/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 8/31/2016. (lmh, COURT STAFF) (Filed on 8/31/2016)
August 31, 2016	Filing 110 PLEASE DISREGARD AND SEE DKT. NO. #111 . Modified on 8/31/2016 (lmh, COURT STAFF).
August 31, 2016	Filing 109 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 8/31/2016: Court grants sixty day extension of case management schedule #107 ; Updated Case Management Statement due by 10/19/2016; Further Case Management Conference set for 10/26/2016 10:00 AM. Counsel may appear telephonically. Court to issue amended scheduling order. Plaintiffs' Attorney: Victor Meng. Defendants: Attorneys: Ed Duckers, Gerald Hawxhurst. (FTR: 10:09am - 10:24am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/31/2016)
August 25, 2016	Filing 108 CLERK'S NOTICE SETTING Case Management Conference for 8/31/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/25/2016)
August 25, 2016	Filing 107 JOINT LOCAL RULE 7-11 MOTION FOR ADMINISTRATIVE RELIEF TO FURTHER AMEND CASE SCHEDULING ORDER AND FOR A CASE MANAGEMENT CONFERENCE AS THE COURT PLEASES; [DECLARATIONS OF MARK POE AND BRYAN HAWKINS; [PROPOSED] ORDERfiled by Innovation Ventures LLC, Living Essentials LLC. Responses due by 8/29/2016. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Declaration of Mark Poe, #3 (Proposed) Order, #4 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 8/25/2016) Modified on 8/25/2016 (bwS, COURT STAFF).
August 22, 2016	Filing 106 NOTICE of Appearance of Gerald Edward Hawxhurst for defendants (Hawxhurst, Gerald) (Filed on 8/22/2016) Modified on 8/23/2016 (bwS, COURT STAFF).
August 19, 2016	Filing 105 NOTICE of Appearance by Daryl M. Crone (Crone, Daryl) (Filed on 8/19/2016)
August 12, 2016	Filing 104 Transcript of Proceedings held on May 11, 2016, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. 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 #99 Transcript Order, ) Redaction Request due 9/2/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/10/2016. (Related documents(s) #99 ) (Columbini, Joan) (Filed on 8/12/2016)
August 11, 2016	Filing 103 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER REGARDING NON-PARTY PARAMOUNT VENTURES, INC. Signed by Judge Nathanael Cousins on 8/11/2016. (lmh, COURT STAFF) (Filed on 8/11/2016)
August 10, 2016	Filing 102 STIPULATION WITH PROPOSED ORDER Request for Entry of Amended Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc. filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order Amended Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc.)(Song, Samuel) (Filed on 8/10/2016)
August 3, 2016	Filing 101 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER REGARDING NON-PARTY PARAMOUNT VENTURES, INC. re: {100]. Signed by Judge Nathanael Cousins on 8/3/2016. (lmh, COURT STAFF) (Filed on 8/3/2016)
August 3, 2016	Filing 100 STIPULATION WITH PROPOSED ORDER Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc. filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Song, Samuel) (Filed on 8/3/2016)
August 2, 2016	Filing 99 TRANSCRIPT ORDER for proceedings held on 5/11/2016 before Magistrate Judge Nathanael M. Cousins by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc., for Court Reporter FTR - San Jose. (Song, Samuel) (Filed on 8/2/2016) (TRANSCRIBER: JOAN COLUMBINI) Modified on 8/3/2016 (sms, COURT STAFF).
July 27, 2016	Filing 98 ORDER GRANTING SECOND MOTION TO STRIKE AFFIRMATIVE DEFENSES. Re: Dkt. No. #93 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/27/2016)
July 7, 2016	Filing 97 REPLY (re #93 MOTION to Strike #89 Amended Answer to Complaint ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/7/2016)
June 30, 2016	Filing 96 ORDER GRANTING IN PART DEFENDANTS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS. Re: Dkt. No. #92 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/30/2016)
June 30, 2016	Filing 95 RESPONSE (re #93 MOTION to Strike #89 Amended Answer to Complaint ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/30/2016)
June 16, 2016	Filing 93 MOTION to Strike #89 Amended Answer to Complaint filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/3/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 6/30/2016. Replies due by 7/7/2016. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 6/16/2016)
June 16, 2016	Filing 92 Letter from Joint Letter Brief . (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Bryan) (Filed on 6/16/2016)
June 15, 2016	Filing 94 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 6/15/2016: Class certification expert reports due 9/9/2016; Rebuttal reports due 9/30/2016; Close of expert discovery re class certification 10/17/2016; Updated Case Management Statement due by 10/5/2016; Further Case Management Conference set for 10/12/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Plaintiffs' Attorneys: Mark Poe, Victor Meng. Defendants' Attorney: Ed Duckess. (FTR Time 10:22am - 10:34am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 6/15/2016)
June 8, 2016	Filing 91 JOINT CASE MANAGEMENT STATEMENT filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/8/2016)
June 2, 2016	Filing 90 ORDER DENYING PARTIES' STIPULATION TO EXTEND DATES. Re: Dkt. No. #88 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/2/2016)
June 2, 2016	Filing 89 AMENDED ANSWER to Second #50 Amended Complaint byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/2/2016)
May 31, 2016	Filing 88 STIPULATION WITH PROPOSED ORDER re Update of Discovery Status and Proposed Amended Schedule filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 5/31/2016)
May 26, 2016	Filing 87 ORDER GRANTING DEFENDANTS' MOTION TO AMEND THE ANSWER. Re: Dkt. No. #83 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 5/26/2016)
May 26, 2016	Filing 86 PLAINTIFF'S STATEMENT OF NON-OPPOSITION TO DEFENDANTS' #83 MOTION for Leave to File Amended Answer ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 5/26/2016) Modified on 5/27/2016 (srnS, COURT STAFF).
May 24, 2016	Filing 85 ORDER re #83 Plaintiff may respond to defendants' motion to file an amended answer by 5/27/16. Signed by Judge Nathanael Cousins on 5/24/16. (nclc3S, COURT STAFF) (Filed on 5/24/2016)
May 11, 2016	Filing 84 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing re Joint Discovery Letter Brief #79 held on 5/11/2016. Parties to meet and confer and file stipulation re discovery status by May 31, 2016. FTR Time 1:30pm-1:38pm/2:33pm-2:43pm. Attachment Minute order. (lmh, COURT STAFF) (Date Filed: 5/11/2016). (Additional attachment(s) added on 5/25/2016: #1 Corrected Minute Order) (lmh, COURT STAFF).
May 10, 2016	Filing 83 MOTION for Leave to File Amended Answer filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 5/10/2016)
May 9, 2016	Filing 82 Joint Statement Regarding Discovery Dispute re #80 Order Setting Hearing on Motion, #79 Joint Discovery Letter Briefre: Defendants' Discovery Responses filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #80 , #79 ) (Poe, Mark) (Filed on 5/9/2016) Modified on 5/10/2016 (srnS, COURT STAFF).
April 26, 2016	Filing 81 ORDER GRANTING MOTION TO STRIKE AFFIRMATIVE DEFENSES. Re: Dkt. No. #74 . Defendants have fourteen days to file a motion to seek leave to amend the answer. The motion to amend must attach the proposed amended answer as an exhibit. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/26/2016)
April 20, 2016	Filing 80 ORDER SETTING DISCOVERY HEARING Re: Dkt. No. #79 . Parties must file a joint statement and each side's proposed order by 5/9. Hearing set for 5/11/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 4/20/2016. (lmh, COURT STAFF) (Filed on 4/20/2016)
April 19, 2016	Filing 79 Joint Discovery Letter Briefre: Defendants' Discovery Responses filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Bryan Hawkins w/ Exhibits)(Poe, Mark) (Filed on 4/19/2016)
April 8, 2016	Filing 78 STIPULATION of Dismissal with Prejudice filed by Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc.. (Poe, Mark) (Filed on 4/8/2016)
April 4, 2016	Filing 77 CLERK'S NOTICE VACATING hearing re Motion to Strike Affirmative Defenses #74 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/4/2016)
March 21, 2016	Filing 76 REPLY (re #74 MOTION to Strike Affirmative Defenses ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Song, Samuel) (Filed on 3/21/2016)
March 14, 2016	Filing 75 RESPONSE (re #74 MOTION to Strike Affirmative Defenses ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 3/14/2016)
February 29, 2016	Filing 74 MOTION to Strike Affirmative Defenses filed by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 4/6/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 3/14/2016. Replies due by 3/21/2016. (Attachments: #1 Proposed Order)(Song, Samuel) (Filed on 2/29/2016)
February 24, 2016	Filing 73 STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 2/24/2016. (lmh, COURT STAFF) (Filed on 2/24/2016)
February 23, 2016	Filing 72 NOTICE of Appearance by Samuel S. Song (Song, Samuel) (Filed on 2/23/2016)
February 23, 2016	Filing 71 NOTICE of Appearance by Victor Meng for Plaintiffs ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc., Pittsburg Wholesale Grocers, Inc. and Pacific Groservice, Inc. (Meng, Victor) (Filed on 2/23/2016)
February 23, 2016	Filing 70 STIPULATION WITH PROPOSED ORDER (Stipulated Protective Order) filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 2/23/2016)
February 9, 2016	Filing 69 ANSWER to Amended Complaint Second byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 2/9/2016)
January 25, 2016	Filing 68 CASE MANAGEMENT SCHEDULING ORDER: Plaintiffs must move for class certification by 11/9/2016. The Court will hear the motion 12/14/2016. Further Case Management Conference set for 6/15/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. All non-expert discovery must be completed by 2/10/2017. Discovery of expert witnesses must be completed by 4/10/2017. Dispositive and Daubert motions must be served and filed by 4/28/2017 and will be heard on 5/31/2017 01:00 PM. Pretrial Conference set for 7/5/2017 02:00 PM. Jury Trial set for ten days will commence on 8/7/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 1/26/2016. (lmh, COURT STAFF) (Filed on 1/25/2016)
January 25, 2016	Filing 67 ORDER DENYING MOTION TO DISMISS. Re: dkt. No. #61 . Defendants must answer the complaint within 15 days. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/25/2016)
January 4, 2016	Filing 66 CLERK'S NOTICE VACATING the hearing set for 1/6/2016 re Motion to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC #61 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/4/2016)
December 23, 2015	Filing 65 REPLY (re #61 MOTION to Dismiss ) Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss filed byLiving Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Duckers, Edward) (Filed on 12/23/2015)
December 21, 2015	Filing 64 RESPONSE (re #61 MOTION to Dismiss ) filed byABC Distributing, Inc.. (Attachments: #1 Exhibit Ex. A Dolmage Decl)(Poe, Mark) (Filed on 12/21/2015)
December 18, 2015	Filing 63 ORDER GRANTING Plaintiffs' Administrative Motion to File Under Seal #62 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/18/2015)
December 17, 2015	Filing 62 Administrative Motion to File Under Seal Opposition to MTD SAC and Ex. A thereto filed by ABC Distributing, Inc.. (Attachments: #1 Declaration Poe Decl. ISO Mot. to Seal, #2 Exhibit Unredacted Opp to MTD SAC, #3 Exhibit Redacted Opp to MTD SAC, #4 Exhibit Unredacted Ex. A ISO Opp to MTD SAC, #5 Exhibit Redacted Ex. A ISO Opp to MTD SAC, #6 Proposed Order Granting Admin. Mot. to Seal)(Poe, Mark) (Filed on 12/17/2015)
December 8, 2015	Filing 61 MOTION to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 1/6/2016 01:00 PM before Magistrate Judge Nathanael M. Cousins. Responses due by 12/22/2015. Replies due by 12/29/2015. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 12/8/2015)
December 8, 2015	Reset Deadlines as to Motion to Dismiss #61 : Opposition due by 12/17/2015. Reply due by 12/23/2015. Hearing set for 1/6/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 12/8/2015)
December 7, 2015	Filing 60 MODIFIED ORDER GRANTING DEFENDANTS' MOTION TO FILE UNDER SEAL #57 . Defendants shall file the redacted motion to dismiss and set the schedule pursuant to the Order Setting Briefing Schedule, Dkt. #56 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/7/2015)
December 4, 2015	Filing 59 Request for Judicial Notice re #57 Administrative Motion to File Under Seal filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A-H, #2 Certificate/Proof of Service)(Related document(s) #57 ) (Hawkins, Bryan) (Filed on 12/4/2015)
December 4, 2015	Filing 58 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #57 Administrative Motion to File Under Seal (Hawkins, Bryan) (Filed on 12/4/2015)
December 4, 2015	Filing 57 Administrative Motion to File Under Seal filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration Bryan L. Hawkins, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Hawkins, Bryan) (Filed on 12/4/2015)
November 17, 2015	Filing 56 ORDER GRANTING STIPULATION Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint #54 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/17/2015)
November 17, 2015	Filing 55 Proposed Order re #54 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint by Innovation Ventures LLC, Living Essentials LLC. (Hawkins, Bryan) (Filed on 11/17/2015)
November 17, 2015	Filing 54 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/17/2015)
November 17, 2015	Filing 53 STIPULATION re #50 Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/17/2015)
November 16, 2015	Filing 52 ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT. Re: Dkt. No. #27 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/16/2015)
November 16, 2015	Filing 51 ORDER GRANTING MOTION TO REDACT SECOND AMENDED COMPLAINT. Re: Dkt. No. #41 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/16/2015)
November 12, 2015	Filing 50 AMENDED COMPLAINT (Second) against All Defendants. Filed byABC Distributing, Inc.. (Poe, Mark) (Filed on 11/12/2015)
November 12, 2015	Filing 49 ORDER GRANTING LEAVE TO AMEND THE COMPLAINT. Re: Dkt. No. #42 . Plaintiffs must file the amended complaint in a separate docket entry within 7 days. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/12/2015)
November 9, 2015	Filing 48 RESPONSE (re #42 MOTION for Leave to File Second Amended Complaint ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/9/2015)
November 9, 2015	Filing 47 Declaration of Bryan L. Hawkins in Support of #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #41 ) (Hawkins, Bryan) (Filed on 11/9/2015)
November 9, 2015	Filing 46 DECLARATION of Randolph Gaw In Response to LeBeau Declaration filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 11/9/2015)
November 6, 2015	Filing 45 Declaration of Darin J. LeBeau in Support of #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #41 ) (Hawkins, Bryan) (Filed on 11/6/2015)
November 4, 2015	Filing 44 CLERK'S NOTICE: Defendant may respond to motion for leave to file second amended complaint #42 by 11/10/2015. No reply necessary. (This is a text-only entry generated by the court. There is no document associated with this notice.) (lmh, COURT STAFF) (Filed on 11/4/2015)
November 2, 2015	Filing 43 CERTIFICATE OF SERVICE by ABC Distributing, Inc. re #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint (Poe, Mark) (Filed on 11/2/2015)
November 2, 2015	Filing 42 MOTION for Leave to File Second Amended Complaint filed by ABC Distributing, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 11/2/2015)
November 2, 2015	Filing 41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed by ABC Distributing, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Ver. of Proposed SAC, #4 Exhibit Unredacted Ver. of Proposed SAC, #5 Exhibit Unredacted Comparison of FAC to SAC)(Poe, Mark) (Filed on 11/2/2015)
October 19, 2015	Filing 40 CLERK'S NOTICE: The Court adopts the case schedule as set forth in the parties' joint case management statement. (See document #2 (lmh, COURT STAFF) (Filed on 10/19/2015) (Additional attachment(s) added on 10/19/2015: #2 Case schedule) (lmh, COURT STAFF).
October 16, 2015	Filing 39 ORDER REFERRING CASE to Mediation re #37 . Signed by Judge Nathanael Cousins on 10/16/2015. (lmh, COURT STAFF) (Filed on 10/16/2015)
October 14, 2015	Filing 38 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing re Defendants' Motion to Dismiss #27 held on 10/14/2015. Court takes motion under submission. Court to issue scheduling order. Plaintiffs' Attorneys: Mark Poe, Randolph Gaw. Defendants' Attorneys: Edward Duckers, Brian Hawkins. (FTR 1:03pm - 1:37pm.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 10/14/2015)
October 13, 2015	Filing 37 STIPULATION and Proposed Order selecting Private ADR by ABC Distributing, Inc. filed by ABC Distributing, Inc.. (Poe, Mark) (Filed on 10/13/2015)
October 13, 2015	Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Elite Wholesale, Inc. and Tonic Wholesale, Inc. (Poe, Mark) (Filed on 10/13/2015)
October 13, 2015	Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Poe, Mark) (Filed on 10/13/2015)
October 8, 2015	Filing 34 CASE MANAGEMENT STATEMENT (Joint) filed by ABC Distributing, Inc.. (Poe, Mark) (Filed on 10/8/2015)
October 7, 2015	Filing 33 Certificate of Interested Entities by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc. (Gaw, Randolph) (Filed on 10/7/2015)
September 24, 2015	Filing 32 Request for Judicial Notice re #31 Reply to Opposition/Response filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #31 ) (Hawkins, Bryan) (Filed on 9/24/2015)
September 24, 2015	Filing 31 REPLY (re #27 MOTION to Dismiss ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 9/24/2015)
September 3, 2015	Filing 30 RESPONSE (re #27 MOTION to Dismiss ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 9/3/2015)
August 31, 2015	Filing 29 Correction of Opposition/Response or Reply Deadlines pertaining to #27 MOTION to Dismiss (Reason: Correcting an error) Responses due by 9/3/2015. Replies due by 9/24/2015. (srm, COURT STAFF) (Filed on 8/31/2015)
August 6, 2015	Filing 28 Request for Judicial Notice re #27 MOTION to Dismiss filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #27 ) (Hawkins, Bryan) (Filed on 8/6/2015)
August 6, 2015	Filing 27 NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOFf iled by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 10/14/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 8/20/2015. Replies due by 8/27/2015. (Attachments: #1 (Proposed) Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 8/6/2015) Text modified on 8/7/2015 conforming to posted document caption (bwS, COURT STAFF).
August 4, 2015	Filing 26 ORDER GRANTING STIPULATION Regarding Briefing Schedule and Continuance of Case Management Conference #25 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/4/2015)
August 4, 2015	Filing 25 STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE filed by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Randolph Gaw In Support of Stipulated Request)(Gaw, Randolph) (Filed on 8/4/2015) Text modified on 8/5/2015 conforming to posted document caption (bwS, COURT STAFF).
August 4, 2015	Reset Hearing re Order on Stipulation #26 . Case Management Conference set for 10/14/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose. (lmh, COURT STAFF) (Filed on 8/4/2015)
July 29, 2015	Filing 24 STIPULATION to Extend Time to Respond to First Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 7/29/2015)
July 22, 2015	Filing 23 ORDER GRANTING STIPULATION Requesting Continuance of Case Management Conference and Associated Deadlines #22 . Case Management Conference set for 9/23/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 7/22/2015. (lmh, COURT STAFF) (Filed on 7/22/2015)
July 22, 2015	Filing 22 STIPULATION WITH PROPOSED ORDER Requesting Continuance of Case Management Conference and Associated Deadlines filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 7/22/2015)
July 16, 2015	Filing 21 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC Certificate of Service by Mail of Defendant Living Essentials, LLC and Innovation Ventures, LLC's Notice of Withdrawal of Motion to Dismiss (Miles, Jonathan) (Filed on 7/16/2015)
July 16, 2015	Filing 20 Notice of Withdrawal of Motion Defendants Living Essentials, LLC and Innovation Ventures, LLC's Notice of Withdrawal of Motion to Dismiss (Miles, Jonathan) (Filed on 7/16/2015)
July 13, 2015	Filing 19 FIRST AMENDED COMPLAINT against Innovation Ventures LLC, Living Essentials LLC. Filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Gaw, Randolph) (Filed on 7/13/2015) Modified on 7/14/2015 (srmS, COURT STAFF).
July 6, 2015	Filing 18 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. OF STANDING ORDERS (Gaw, Randolph) (Filed on 7/6/2015)
July 6, 2015	Filing 17 RESPONSE (re #11 MOTION to Dismiss ) filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Gaw, Randolph) (Filed on 7/6/2015)
July 1, 2015	Filing 16 Corporate Disclosure Statement; Certificate of Interested Entities by Innovation Ventures LLC, Living Essentials LLC (Miles, Jonathan) (Filed on 7/1/2015) Modified on 7/2/2015 (srm, COURT STAFF).
July 1, 2015	Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Innovation Ventures LLC, Living Essentials LLC.. (Miles, Jonathan) (Filed on 7/1/2015)
June 22, 2015	Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc... (Gaw, Randolph) (Filed on 6/22/2015)
June 19, 2015	Filing 13 CLERK'S NOTICE REGARDING Consent/Declination: Parties must file a consent or declination to proceed before a magistrate judge by 7/2/2015. The forms are available at: http://cand.uscourts.gov/civilforms. (lmh, COURT STAFF) (Filed on 6/19/2015)
June 19, 2015	Filing 12 NOTICE of Appearance by Jonathan Arthur Miles (Miles, Jonathan) (Filed on 6/19/2015)
June 19, 2015	Filing 11 MOTION to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 7/29/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/6/2015. Replies due by 7/13/2015. (Attachments: #1 Proposed Order, #2 Notice of Appearance)(Duckers, Edward) (Filed on 6/19/2015)
June 19, 2015	Filing 10 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. re #9 Summons Issued, #8 Summons Issued (Gaw, Randolph) (Filed on 6/19/2015)
June 2, 2015	Filing 9 Summons Issued as to Living Essentials LLC. (srmS, COURT STAFF) (Filed on 6/2/2015)
June 2, 2015	Filing 8 Summons Issued as to Innovation Ventures LLC. (srmS, COURT STAFF) (Filed on 6/2/2015)
June 1, 2015	Filing 7 Certificate of Interested Entities by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. re #1 Complaint (Gaw, Randolph) (Filed on 6/1/2015)
June 1, 2015	Filing 6 Proposed Summons. (Gaw, Randolph) (Filed on 6/1/2015)
June 1, 2015	Filing 5 Proposed Summons. (Gaw, Randolph) (Filed on 6/1/2015)
May 8, 2015	Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/29/2015. Case Management Conference set for 8/5/2015 10:00 AM at the US District Court, 280 South First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 5/7/15. (srmS, COURT STAFF) (Filed on 5/8/2015)
May 7, 2015	Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. (bwS, COURT STAFF) (Filed on 5/7/2015)
May 7, 2015	Filing 2 Civil Cover Sheet by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. . (Poe, Mark) (Filed on 5/7/2015)
May 7, 2015	Filing 1 COMPLAINT against Innovation Ventures LLC, Living Essentials LLC ( Filing fee $ 400, receipt number 0971-9504032.). Filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Poe, Mark) (Filed on 5/7/2015)
May 7, 2015	Electronic filing error. This filing will not be processed by the clerks office. Re: #1 Complaint filed by Pittsburg Wholesale Grocers, Inc., ABC Distributing, Inc. Case can not be assigned to judge to due to lack of Civil Cover Sheet. (bwS, COURT STAFF) (Filed on 5/7/2015)

November 22, 2017

Filing 342 STIPULATION (JOINT) OF DISMISSAL WITH PREJUDICE filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 11/22/2017)

November 22, 2017

***Civil Case Terminated pursuant to Joint Stipulation of Dismissal with Prejudice #342 . (lmh, COURT STAFF) (Filed on 11/22/2017)

October 30, 2017

Filing 341 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Status Conference held on 10/30/2017: Parties inform Court case has settled; Status Conference set for 11/29/2017 01:00 PM, with status update or dismissal due by 11/27/2017. Plaintiffs' Attorney: Mark Poe. Defendants' Attorney: Jerry Hawxhurst. Court Reporter: Summer Fisher. Total Time in Court: 9 mins. (lmh, COURT STAFF) (Date Filed: 10/30/2017)

October 29, 2017

Filing 340 CLERK'S NOTICE SETTING Status Conference for 10/30/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/29/2017)

October 29, 2017

Filing 339 ORDER GRANTING Administrative Motion to File Documents Under Seal #337 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/29/2017)

October 29, 2017

Filing 338 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #337 Administrative Motion to File Under Seal (Poe, Mark) (Filed on 10/29/2017)

October 29, 2017

Filing 337 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Randolph Gaw, #2 Proposed Order, #3 Unredacted Version of Document Sought to Be Sealed, #4 Unredacted Version of Document Sought to Be Sealed)(Poe, Mark) (Filed on 10/29/2017)

October 29, 2017

Filing 336 ORDER RE: EMAIL TO COURTROOM DEPUTY. If any party wishes relief, counsel must file a stipulation or motion. Trial commences at 9:00 a.m. tomorrow absent a Court order. Signed by Judge Nathanael Cousins on 10/29/2017. (lmh, COURT STAFF) (Filed on 10/29/2017)

October 29, 2017

Filing 335 ORDER RE: MOTION TO SHOW CERTAIN DOCUMENTS DURING OPENING STATEMENTS. Signed by Judge Nathanael Cousins on 10/29/2017. (lmh, COURT STAFF) (Filed on 10/29/2017)

October 29, 2017

Filing 334 ORDER GRANTING APPLICATION for Admission of Attorney Joshua Lipton Pro Hac Vice #331 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/29/2017)

October 27, 2017

Filing 333 Witness List by Innovation Ventures LLC, Living Essentials LLC (Corrected). (Hawxhurst, Gerald) (Filed on 10/27/2017)

October 27, 2017

Filing 332 ERRATA re #325 Witness List by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/27/2017)

October 27, 2017

Filing 331 First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11833460.) filed by Innovation Ventures LLC, Living Essentials LLC. (Lipton, Joshua) (Filed on 10/27/2017)

October 27, 2017

Filing 330 NOTICE of Appearance by Julian Wing-Kai Poon (Poon, Julian) (Filed on 10/27/2017)

October 27, 2017

Filing 329 NOTICE of Appearance by Theodore J. Boutrous, Jr (Boutrous, Theodore) (Filed on 10/27/2017)

October 27, 2017

Filing 328 TRANSCRIPT ORDER for Future Trial with Daily Transcripts by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/27/2017)

October 26, 2017

Filing 327 Proposed Form of Verdict by Innovation Ventures LLC, Living Essentials LLC . (Hawxhurst, Gerald) (Filed on 10/26/2017)

October 26, 2017

Filing 326 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (NOTICE OF FILING PLAINTIFFS' PROPOSED VERDICT FORM) (Attachments: #1 Plaintiffs' Proposed Verdict Form)(Poe, Mark) (Filed on 10/26/2017)

October 26, 2017

Filing 325 Witness List by Innovation Ventures LLC, Living Essentials LLC (Defendants' Video Designations and Updated Deposition Designations). (Hawxhurst, Gerald) (Filed on 10/26/2017)

October 26, 2017

Filing 324 RESPONSE to re #320 Response ( Non Motion ), Plaintiffs' "Request to Seek Evidentiary Rulings on Certain Exhibits to Be Used in Opening" by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/26/2017)

October 25, 2017

Filing 323 OBJECTIONS to re #315 Order (Preliminary Jury Instruction II.c) by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit A (CACI 3320))(Hawxhurst, Gerald) (Filed on 10/25/2017)

October 25, 2017

Filing 322 OBJECTIONS to re #315 Order (PRELIMINARY JURY INSTRUCTIONS) by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/25/2017)

October 24, 2017

Filing 321 ORDER TO FURNISH DAILY REFRESHMENTS for the 8 members of the jury beginning 10/30/2017 and for the duration of the trial. Signed by Judge Nathanael Cousins on 10/24/2017. (lmh, COURT STAFF) (Filed on 10/24/2017)

October 23, 2017

Filing 320 RESPONSE to Court's Request to Seek Evidentiary Rulings on Certain Exhibits to Be Used in Opening by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 9, #6 Exhibit 25, #7 Exhibit 30, #8 Exhibit 51, #9 Exhibit 91, #10 Exhibit 92, #11 Exhibit 95)(Poe, Mark) (Filed on 10/23/2017)

October 23, 2017

Filing 319 Witness List by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (PLAINTIFFS VIDEO DESIGNATIONS, UPDATED DEPOSITION DESIGNATIONS, AND TRIAL TIME ESTIMATES). (Poe, Mark) (Filed on 10/23/2017)

October 23, 2017

Filing 318 ORDER DENYING PROPOSED QUESTIONNAIRE. Re: Dkt. No. #316 . Signed by Judge Nathanael Cousins on 10/23/2017. (lmh, COURT STAFF) (Filed on 10/23/2017)

October 23, 2017

Filing 317 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (SERVICE OF TRIAL SUBPOENAS ON KEVIN RIFFLE AND SEAN RIFFLE) (Attachments: #1 Declaration of Mark Poe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Poe, Mark) (Filed on 10/23/2017)

October 20, 2017

Filing 316 NOTICE by Innovation Ventures LLC, Living Essentials LLC of Filing of Proposed Jury Questionnaire and Objections (Attachments: #1 Exhibit A - Proposed Jury Questionnaire)(Hawxhurst, Gerald) (Filed on 10/20/2017)

October 20, 2017

Filing 315 PRELIMINARY JURY INSTRUCTIONS. The parties must file any objections by 10/25/2017. Signed by Judge Nathanael Cousins on 10/20/2017. (Attachments: #1 Preliminary Jury Instructions)(lmh, COURT STAFF) (Filed on 10/20/2017)

October 19, 2017

Filing 314 ORDER ON MOTIONS IN LIMINE. Re: Dkt. Nos. #300 , #301 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/19/2017)

October 18, 2017

Filing 313 ORDER RE: PRETRIAL CONFERENCE. Signed by Judge Nathanael Cousins on 10/18/2017. (lmh, COURT STAFF) (Filed on 10/18/2017)

October 18, 2017

Filing 312 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Pretrial Conference held on 10/18/2017: Court to issue order. Plaintiffs' Attorneys: Mark Poe, Randolph Gaw, Samuel Song, Victor Meng. Defendants' Attorneys: Bryan Hawkins, Alexander Safyan, Daryl Crowe. (FTR Time: 2:39pm-2:45pm/3:30pm-4:35pm.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/18/2017)

October 17, 2017

Filing 311 ORDER GRANTING PARTIES' JOINT Administrative Motion Requesting Leave re: Courtroom Equipment for Use During Trial #310 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2017)

October 16, 2017

Filing 310 Joint ADMINISTRATIVE MOTION requesting leave re: courtroom equipment for use during trial filed by Innovation Ventures LLC, Living Essentials LLC. Responses due by 10/20/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 10/16/2017)

October 15, 2017

Filing 309 CLERK'S NOTICE: Jury Trial set for 10/30/2017 09:00 AM will be held in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/15/2017)

October 11, 2017

Filing 308 OPPOSITION/RESPONSE (re #301 MOTION in Limine ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit A, #3 Exhibit B, #4 Exhibit 45)(Poe, Mark) (Filed on 10/11/2017)

October 11, 2017

Filing 307 OPPOSITION/RESPONSE (re #300 MOTION in Limine ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E)(Hawxhurst, Gerald) (Filed on 10/11/2017)

October 11, 2017

Filing 306 CLERK'S NOTICE: If a party wishes to use electronic equipment or other large items (such as bookshelves), the party must file a request and proposed order with the Court by 10/16/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/11/2017)

October 11, 2017

Filing 305 ORDER DENYING PLAINTIFFS' MOTION FOR ADDITIONAL TRIAL TIME. Re: Dkt. No. #303 . Signed by Judge Nathanael Cousins on 10/11/2017. (lmh, COURT STAFF) (Filed on 10/11/2017)

October 10, 2017

Filing 304 RESPONSE to re #303 Response ( Non Motion ) to Plaintiffs' Request for Additional Trial Time by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 10/10/2017)

October 6, 2017

Filing 303 RESPONSE to re #293 Order re: Pretrial Preparation by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/6/2017)

October 5, 2017

Filing 302 Minute Entry for proceedings held before Magistrate Judge Howard R. Lloyd: Settlement Conference held on 10/5/2017. Case did not settle. Discussions are on-going. FTR Time: n/a. Plaintiff Attorney: Mark Poe. Defendant Attorney: Gerald Hawzhurst. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmc, COURT STAFF) (Date Filed: 10/5/2017)

October 4, 2017

Filing 301 MOTION in Limine filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. Responses due by 10/11/2017. (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Hawxhurst, Gerald) (Filed on 10/4/2017)

October 4, 2017

Filing 300 MOTION in Limine filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor, San Jose before Judge Nathanael M. Cousins. Responses due by 10/11/2017. (Attachments: #1 Declaration of Mark Poe, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 15)(Poe, Mark) (Filed on 10/4/2017)

October 4, 2017

Filing 299 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (JOINT CASE STATEMENT) (Poe, Mark) (Filed on 10/4/2017)

October 4, 2017

Filing 298 Proposed Jury Instructions by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (JOINT PROPOSED JURY INSTRUCTIONS). (Poe, Mark) (Filed on 10/4/2017)

October 4, 2017

Filing 297 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (PARTIES' INTENTION TO PROCEED WITH JURY TRIAL) (Poe, Mark) (Filed on 10/4/2017)

October 3, 2017

Filing 296 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. (FILING JOINT TRIAL READINESS BINDER) (Attachments: #1 Proposed Order Re: Trial Conduct Stipulations, #2 Joint Witness List, #3 Joint Expert Witness List, #4 Exhibit A to Joint Expert Witness List (McDuff Report and CV), #5 Exhibit B to Joint Expert Witness List (Woroch Report and CV), #6 Joint Exhibit List, #7 Joint List of Discovery Excerpts, #8 Appendix of Disputed Discovery Excerpts, #9 Proposed Order Re: Disputed Discovery Excerpts, #10 Joint Proposed Voir Dire Questions)(Poe, Mark) (Filed on 10/3/2017)

September 18, 2017

Filing 295 ORDER CONTINUING SETTLEMENT CONFERENCE FROM OCTOBER 4, 2017 TO OCTOBER 5, 2017 by Judge Howard R. Lloyd granting #294 Stipulation Settlement Conference set for 10/5/2017 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 9/18/2017)

September 14, 2017

Filing 294 STIPULATION WITH PROPOSED ORDER re #292 Clerk's Notice continuing Settlement Conference from October 4, 2017 to October 5, 2017 filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 9/14/2017)

September 13, 2017

Filing 293 PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 9/13/2017. (lmh, COURT STAFF) (Filed on 9/13/2017)

September 13, 2017

Filing 292 CLERK'S NOTICE of Settlement Conference and Order. Settlement Conference set for 10/4/2017 09:30 AM in Courtroom 2, 5th Floor, San Jose. (pmc, COURT STAFF) (Filed on 9/13/2017)

September 12, 2017

Filing 291 STIPULATION WITH PROPOSED ORDER confirming pretrial filings filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 9/12/2017)

September 6, 2017

Filing 290 NOTICE by Innovation Ventures LLC, Living Essentials LLC re #283 Order on Administrative Motion to File Under Seal,,,,,,, Notice of Filing Unredacted Documents Filed at Dkt. Nos. 207, 216, 252, 261 (Attachments: #1 Declaration of Alexander R. Safyan, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Hawxhurst, Gerald) (Filed on 9/6/2017)

September 1, 2017

Filing 289 ORDER REFERRING CASE to Magistrate Judge Howard R. Lloyd for a settlement conference to take place by 10/13/2017. Signed by Judge Nathanael Cousins on 9/1/2017. (lmh, COURT STAFF) (Filed on 9/1/2017)

September 1, 2017

Filing 288 ORDER DENYING PARTIES' MOTIONS FOR SUMMARY JUDGMENT. Re: Dkt. Nos. #218 , #219 , #224 , #228 , #229 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/1/2017)

September 1, 2017

Filing 287 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NO. 267) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Reply in Support of Their Motion for Partial Summary Judgment, #3 Plaintiffs' Reply in Support of Motion to Exclude Evidence, #4 Plaintiffs' Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #5 Exhibit O to Supplemental Gaw Declaration, #6 Exhibit P to Supplemental Gaw Declaration, #7 Exhibit Q to Supplemental Gaw Declaration, #8 Exhibit T to Supplemental Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)

September 1, 2017

Filing 286 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NOS. 242 & 243) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Opposition to Living Essentials' Motion for Summary Judgment, #3 Exhibit 2 to Poe Declaration, #4 Exhibit 5 to Poe Declaration, #5 Exhibit 7 to Poe Declaration, #6 Exhibit 8 to Poe Declaration, #7 Exhibit 9 to Poe Declaration, #8 Exhibit 15 to Poe Declaration, #9 Exhibit 25 to Poe Declaration, #10 Exhibit 44 to Poe Declaration, #11 Exhibit 48 to Poe Declaration, #12 Exhibit 51 to Poe Declaration, #13 Exhibit 55 to Poe Declaration, #14 Exhibit 57 to Poe Declaration, #15 Exhibit 92 to Poe Declaration, #16 Exhibit 96 to Poe Declaration, #17 Exhibit 101 to Poe Declaration, #18 Plaintiffs' Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff, #19 Exhibit 1 to Gaw Declaration, #20 Exhibit 2 to Gaw Declaration, #21 Exhibit 7 to Gaw Declaration, #22 Exhibit 8 to Gaw Declaration, #23 Exhibit 9 to Gaw Declaration, #24 Exhibit 25 to Gaw Declaration, #25 Exhibit 28 to Gaw Declaration, #26 Exhibit 35 to Gaw Declaration, #27 Exhibit 37 to Gaw Declaration, #28 Exhibit 44 to Gaw Declaration, #29 Exhibit 47 to Gaw Declaration, #30 Exhibit 51 to Gaw Declaration, #31 Exhibit 55 to Gaw Declaration, #32 Exhibit 56 to Gaw Declaration, #33 Exhibit 60 to Gaw Declaration, #34 Exhibit 91 to Gaw Declaration, #35 Exhibit 96 to Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)

September 1, 2017

Filing 285 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NOS. 222 & 223) (Attachments: #1 Declaration of Samuel Song, #2 Plaintiffs' Motion for Partial Summary Judgment, #3 Declaration of DeForest McDuff, Ph.D., #4 Exhibit A to McDuff Declaration, #5 Exhibit 2 to Poe Declaration, #6 Exhibit 3 to Poe Declaration, #7 Exhibit 4 to Poe Declaration, #8 Exhibit 5 to Poe Declaration, #9 Exhibit 6 to Poe Declaration, #10 Exhibit 7 to Poe Declaration, #11 Exhibit 8 to Poe Declaration, #12 Exhibit 9 to Poe Declaration, #13 Exhibit 11 to Poe Declaration, #14 Exhibit 12 to Poe Declaration, #15 Exhibit 13 to Poe Declaration, #16 Exhibit 15 to Poe Declaration, #17 Exhibit 18 to Poe Declaration, #18 Exhibit 19 to Poe Declaration, #19 Exhibit 20 to Poe Declaration, #20 Exhibit 21 to Poe Declaration, #21 Exhibit 22 to Poe Declaration, #22 Exhibit 25 to Poe Declaration, #23 Exhibit 26 to Poe Declaration, #24 Exhibit 27 to Poe Declaration, #25 Exhibit 28 to Poe Declaration, #26 Exhibit 29 to Poe Declaration, #27 Exhibit 30 to Poe Declaration, #28 Exhibit 31 to Poe Declaration, #29 Exhibit 32 to Poe Declaration, #30 Exhibit 33 to Poe Declaration, #31 Exhibit 34 to Poe Declaration, #32 Exhibit 35 to Poe Declaration, #33 Exhibit 36 to Poe Declaration, #34 Exhibit 38 to Poe Declaration, #35 Exhibit 44 to Poe Declaration, #36 Exhibit 45 to Poe Declaration, #37 Exhibit 46 to Poe Declaration, #38 Exhibit 47 to Poe Declaration, #39 Exhibit 48 to Poe Declaration, #40 Exhibit 50 to Poe Declaration, #41 Exhibit 51 to Poe Declaration, #42 Exhibit 55 to Poe Declaration, #43 Exhibit 56 to Poe Declaration, #44 Exhibit 57 to Poe Declaration, #45 Exhibit 61 to Poe Declaration, #46 Exhibit 62 to Poe Declaration, #47 Exhibit 67 to Poe Declaration, #48 Exhibit 87 to Poe Declaration, #49 Exhibit 88 to Poe Declaration, #50 Exhibit 90 to Poe Declaration, #51 Exhibit 91 to Poe Declaration, #52 Exhibit 92 to Poe Declaration, #53 Exhibit 94 to Poe Declaration, #54 Exhibit 96 to Poe Declaration, #55 Exhibit 100 to Poe Declaration, #56 Exhibit 101 to Poe Declaration, #57 Plaintiffs' Motion to Exclude Evidence, #58 Exhibit C to Gaw Declaration, #59 Exhibit D to Gaw Declaration, #60 Exhibit G to Gaw Declaration, #61 Exhibit I to Gaw Declaration, #62 Exhibit J to Gaw Declaration, #63 Exhibit K to Gaw Declaration, #64 Exhibit L to Gaw Declaration, #65 Exhibit N to Gaw Declaration, #66 Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Poe, Mark) (Filed on 9/1/2017)

September 1, 2017

Filing 284 NOTICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #283 Order on Administrative Motion to File Under Seal,,,,,,, (NOTICE OF FILING UNREDACTED DOCUMENTS PROVISIONALLY FILED UNDER SEAL AT DKT. NO. 197) (Attachments: #1 Motion for Reconsideration, #2 Exhibit 2 to Gaw Declaration, #3 Exhibit 3 to Gaw Declaration, #4 Exhibit 4 to Gaw Declaration, #5 Exhibit 5 to Gaw Declaration, #6 Exhibit 6 to Gaw Declaration, #7 Exhibit 7 to Gaw Declaration, #8 Exhibit 8 to Gaw Declaration, #9 Exhibit 9 to Gaw Declaration)(Poe, Mark) (Filed on 9/1/2017)

September 1, 2017

CASE REFERRED to Magistrate Judge Howard R. Lloyd for Settlement. (lmh, COURT STAFF) (Filed on 9/1/2017)

August 30, 2017

Filing 283 ORDER RE: ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Re: Dkt. Nos. #197 , #207 , #216 , #222 , #242 , #252 , #261 , #267 . Signed by Judge Nathanael Cousins on 8/30/2017. (lmh, COURT STAFF) (Filed on 8/30/2017)

August 15, 2017

Filing 282 CLERK'S NOTICE RESCHEDULING Jury Trial to 10/30/2017 through 11/9/2017 9:00 AM in Courtroom 5, 4th Floor, San Jose. Pretrial Conference set for 10/18/2017 02:00 PM in Courtroom 7, 4th Floor. Pretrial filings due 10/4/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/15/2017)

August 15, 2017

Filing 281 ORDER of USCA The court, in its discretion, denies the petition for permission to appeal the district courts April 7, 2017 order denying class action certification. See Fed. R. Civ. P. 23(f); Chamberlan v. Ford Motor Co., 402 F.3d 952 (9th Cir. 2005). On April 21, 2017, petitioners filed a notice of intent to file previously sealed materials publicly pursuant to Interim Ninth Circuit Rule 27-13(f) (Docket Entry No. #1 , Document 4) and submitted the Rule 23(f) petition and supporting appendix provisionally under seal (Docket Entry No. #1 , Documents 2, 3). On May 22, 2017, respondents filed a motion to maintain portions of the Rule 23(f) petition and appendix in support thereof under seal, and to file or maintain under seal portions of exhibits D, E, F, and I of the Safyan Declaration in support of respondents answer in opposition to the Rule 23(f) petition (Docket Entry No. #10 ). Respondents motion to maintain the seal is granted, as outlined below. Within 14 days after the date of this order, petitioners shall submit a redacted Rule 23(f) petition and appendix that track the redactions set forth in respondents motion to maintain the seal. Upon submission of the redacted petition and appendix, the Clerk shall file publicly the redacted petition and appendix; and shall file under seal the unredacted petition and appendix.(sfbS, COURT STAFF) (Filed on 8/15/2017)

August 14, 2017

Filing 280 STATUS REPORT re: Trial Date and ADR by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 8/14/2017)

August 10, 2017

Filing 279 CASE MANAGEMENT STATEMENT filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 8/10/2017)

August 2, 2017

Filing 278 TRANSCRIPT ORDER for proceedings held on 08/02/2017 before Magistrate Judge Nathanael M. Cousins by Innovation Ventures LLC, Living Essentials LLC, for Court Reporter FTR - San Jose. (Hawxhurst, Gerald) (Filed on 8/2/2017) (TRANSCRIBER: VICTORIA VALINE) Modified on 8/2/2017 (lmh, COURT STAFF).

August 2, 2017

Filing 277 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Hearing held on 8/2/2017 re: Motions for Summary Judgment #218 #224 ; Daubert Motions #219 #229 ; Court takes motions under submission. Counsel to confer regarding referral for settlement conference and report to the Court within one week regarding which magistrate and timing. Plaintiffs' Attorney: Mark Poe. Also present: Randolph Gaw, Victor Meng, Samuel Song. Defendants' Attorneys: Gerald Hawxhurst, Alexander Safyan. (FTR Time 1:08pm-1:32pm/1:50pm-2:39pm.) This is a text-only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/2/2017)

July 26, 2017

Filing 276 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/26/2017)

July 25, 2017

Filing 275 Declaration of Libby Hausler in Support of #267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Su ... filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #267 ) (Hawxhurst, Gerald) (Filed on 7/25/2017)

July 24, 2017

Filing 274 OBJECTIONS to re #266 Declaration in Support, by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 7/24/2017)

July 24, 2017

Filing 273 CLERK'S NOTICE RESETTING the case management conference to 01:00 PM on 8/2/2017 before Judge Cousins in Courtroom 7, 4th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lhS, COURT STAFF) (Filed on 7/24/2017)

July 21, 2017

Filing 272 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Su (Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 271 Declaration of Randolph Gaw in Support of #269 Reply to Opposition/Response, #270 Reply to Opposition/Response (Supplemental Declaration of Randolph Gaw in Support of Plaintiffs' Motions to Exclude Evidence and Exclude Expert Opinion Testimony of Dr. Glenn Woroch) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit O, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R, #5 Exhibit S, #6 Exhibit T)(Related document(s) #269 , #270 ) (Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 270 REPLY (re #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 269 REPLY (re #228 MOTION to Exclude Evidence ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 268 REPLY (re #224 MOTION for Partial Summary Judgment ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 267 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Reply in Support of Motion for Partial Summary Judgment; Plaintiffs' Reply in Support of Motion to Exclude Evidence; Plaintiffs' Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; and Exhibits O, P, Q, and T to the Supplemental Declaration of Randolph Gaw filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Support of Admin Motion to Seal, #2 Proposed Order, #3 Redacted Song Declaration, #4 Unredacted Song Declaration, #5 Redacted Reply in Support of Motion for Partial Summary Judgment, #6 Unredacted Reply in Support of Motion for Partial Summary Judgment, #7 Redacted Reply in Support of Motion to Exclude Evidence, #8 Unredacted Reply in Support of Motion to Exclude Evidence, #9 Redacted Reply in Support of Motion to Exclude Woroch Expert Opinion Testimony, #10 Unredacted Reply in Support of Motion to Exclude Woroch Expert Opinion Testimony, #11 Unredacted Exhibit O to Supplemental Gaw Declaration, #12 Unredacted Exhibit P to Supplemental Gaw Declaration, #13 Redacted Exhibit Q to Supplemental Gaw Declaration, #14 Unredacted Exhibit Q to Supplemental Gaw Declaration, #15 Unredacted Exhibit T to Supplemental Gaw Declaration)(Poe, Mark) (Filed on 7/21/2017)

July 21, 2017

Filing 266 Declaration of Dr. Glenn Woroch in Support of #264 Reply to Opposition/Response, #265 Declaration in Support, filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #264 , #265 ) (Hawxhurst, Gerald) (Filed on 7/21/2017)

July 21, 2017

Filing 265 Declaration of Gerald E. Hawxhurst in Support of #263 Reply to Opposition/Response, #264 Reply to Opposition/Response filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #263 , #264 ) (Hawxhurst, Gerald) (Filed on 7/21/2017)

July 21, 2017

Filing 264 REPLY (re #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/21/2017)

July 21, 2017

Filing 263 REPLY (re #218 MOTION for Summary Judgment ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/21/2017)

July 21, 2017

Filing 262 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #261 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment and Dr. Woroch Reply Declaration (Hawxhurst, Gerald) (Filed on 7/21/2017)

July 21, 2017

Filing 261 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment and Dr. Woroch Reply Declaration filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Reply in support of Motion for Summary Judgment, #4 Unredacted Version of Defendants' Reply in support of Motion for Summary Judgment, #5 Redacted Version of Dr. Woroch Reply Declaration, #6 Unredacted Version of Dr. Woroch Reply Declaration)(Hawxhurst, Gerald) (Filed on 7/21/2017)

July 18, 2017

Filing 260 Declaration of Libby Hausler in Support of #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57,, #243 Exhibits to an Administrative Motion to File Under Seal,,,,,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #242 , #243 ) (Hawxhurst, Gerald) (Filed on 7/18/2017)

July 17, 2017

Filing 259 NOTICE by Innovation Ventures LLC, Living Essentials LLC of filing of Supplemental Authority in Ninth Circuit (Attachments: #1 Letter re Supplemental Authority)(Hawxhurst, Gerald) (Filed on 7/17/2017)

July 14, 2017

Filing 258 Declaration of Dr. Glenn Woroch in Support of #256 Opposition/Response to Motion filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #256 ) (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 257 Declaration of Alexander R. Safyan in Support of #255 Opposition/Response to Motion, #254 Opposition/Response to Motion, #256 Opposition/Response to Motion filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Related document(s) #255 , #254 , #256 ) (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 256 OPPOSITION/RESPONSE (re #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 255 OPPOSITION/RESPONSE (re #228 MOTION to Exclude Evidence ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 254 OPPOSITION/RESPONSE (re #224 MOTION for Partial Summary Judgment ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 253 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #252 Administrative Motion to File Under Seal Unredacted Versions of Defendants' Oppositions to Plaintiffs' Motion for Partial Summary Judgment, Motion to Exclude Evidence, and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; Ex ... (Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 252 Administrative Motion to File Under Seal Unredacted Versions of Defendants' Oppositions to Plaintiffs' Motion for Partial Summary Judgment, Motion to Exclude Evidence, and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; Exhibits D, E, F, and M to the Declaration of Alexander R. Safyan; and Declaration of Dr. Glenn Woroch filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment, #4 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment, #5 Redacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Evidence, #6 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Evidence, #7 Redacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #8 Unredacted Version of Defendants' Opposition to Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #9 Exhibit D to Safyan Declaration (Redacted), #10 Exhibit D to Safyan Declaration (Unredacted), #11 Exhibit E to Safyan Declaration (Redacted), #12 Exhibit E to Safyan Declaration (Unredacted), #13 Exhibit F to Safyan Declaration (Redacted), #14 Exhibit F to Safyan Declaration (Unredacted), #15 Exhibit M to Safyan Declaration (Redacted), #16 Exhibit M to Safyan Declaration (Unredacted), #17 Redacted Version of Dr. Woroch Declaration, #18 Unredacted Version of Dr. Woroch Declaration)(Hawxhurst, Gerald) (Filed on 7/14/2017)

July 14, 2017

Filing 251 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57,, #243 Exhibits to an Administrative Motion to File Under Seal,,,,,,,, (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 250 Declaration of Randolph Gaw in Support of #249 Opposition/Response to Motion to Exclude Merits Expert Opinion of Dr. McDuff filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 25, #11 Exhibit 28, #12 Exhibit 35, #13 Exhibit 37, #14 Exhibit 44, #15 Exhibit 47, #16 Exhibit 51, #17 Exhibit 55, #18 Exhibit 56, #19 Exhibit 60, #20 Exhibit 91, #21 Exhibit 96, #22 Exhibit 215, #23 Exhibit 216)(Related document(s) #249 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 249 OPPOSITION/RESPONSE (re #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 248 Declaration of Albert Lee in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 247 Declaration of Ramzy Rahib in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 246 Declaration of Rami Yousif in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 245 Declaration of Mark Poe in Support of #244 Opposition/Response to Motion for Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 15, #11 Exhibit 25, #12 Exhibit 44, #13 Exhibit 48, #14 Exhibit 51, #15 Exhibit 55, #16 Exhibit 57, #17 Exhibit 92, #18 Exhibit 96, #19 Exhibit 101)(Related document(s) #244 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 244 OPPOSITION/RESPONSE (re #218 MOTION for Summary Judgment ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 243 EXHIBITS re #242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57, 92, 96, and 101 to the Declaration of Mark Poe in Opposition to Defendants Motion for Summary Judgment; Plaintiffs Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff; and Exhibits 1-2, 7-9, 25, 28, 35, 37, 44, 47, 51, 55-56, 60, 91, and 96 to the Declaration of Randolph Gaw in Opposition to Motion to Exclude Merits Expert Opinion filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Redacted Opp to Motion to Exclude Expert Opinion, #2 Unredacted Opp to Motion to Exclude Expert Opinion, #3 Unredacted Exhibit 1 to Gaw Decl, #4 Unredacted Exhibit 2 to Gaw Decl, #5 Redacted Exhibit 7 to Gaw Decl, #6 Unredacted Exhibit 7 to Gaw Decl, #7 Redacted Exhibit 8 to Gaw Decl, #8 Unredacted Exhibit 8 to Gaw Decl, #9 Unredacted Exhibit 9 to Gaw Decl, #10 Redacted Exhibit 25 to Gaw Decl, #11 Unredacted Exhibit 25 to Gaw Decl, #12 Redacted Exhibit 28 to Gaw Decl, #13 Unredacted Exhibit 28 to Gaw Decl, #14 Redacted Exhibit 35 to Gaw Decl, #15 Unredacted Exhibit 35 to Gaw Decl, #16 Redacted Exhibit 37 to Gaw Decl, #17 Unredacted Exhibit 37 to Gaw Decl, #18 Redacted Exhibit 44 to Gaw Decl, #19 Unredacted Exhibit 44 to Gaw Decl, #20 Redacted Exhibit 47 to Gaw Decl, #21 Unredacted Exhibit 47 to Gaw Decl, #22 Redacted Exhibit 51 to Gaw Decl, #23 Unredacted Exhibit 51 to Gaw Decl, #24 Redacted Exhibit 55 to Gaw Decl, #25 Unredacted Exhibit 55 to Gaw Decl, #26 Redacted Exhibit 56 to Gaw Decl, #27 Unredacted Exhibit 56 to Gaw Decl, #28 Redacted Exhibit 60 to Gaw Decl, #29 Unredacted Exhibit 60 to Gaw Decl, #30 Redacted Exhibit 91 to Gaw Decl, #31 Unredacted Exhibit 91 to Gaw Decl, #32 Redacted Exhibit 96 to Gaw Decl, #33 Unredacted Exhibit 96 to Gaw Decl)(Related document(s) #242 ) (Poe, Mark) (Filed on 7/14/2017)

July 14, 2017

Filing 242 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs Opposition to Motion for Summary Judgment; Exhibits 2, 5, 7-9, 15, 25, 44, 48, 51, 55, 57, 92, 96, and 101 to the Declaration of Mark Poe in Opposition to Defendants Motion for Summary Judgment; Plaintiffs Opposition to Motion to Exclude Merits Expert Opinion of Dr. McDuff; and Exhibits 1-2, 7-9, 25, 28, 35, 37, 44, 47, 51, 55-56, 60, 91, and 96 to the Declaration of Randolph Gaw in Opposition to Motion to Exclude Merits Expert Opinion filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Support of Admin Motion to Seal, #2 Proposed Order Granting Admin Motion to Seal, #3 Redacted Song Decl Re: Docs Sought to Be Sealed, #4 Unredacted Song Decl Re: Docs Sought to Be Sealed, #5 Redacted Opp to Motion for Summary Judgment, #6 Unredacted Opp to Motion for Summary Judgment, #7 Unredacted Exhibit 2 to Poe Decl, #8 Unredacted Exhibit 5 to Poe Decl, #9 Redacted Exhibit 7 to Poe Decl, #10 Unredacted Exhibit 7 to Poe Decl, #11 Redacted Exhibit 8 to Poe Decl, #12 Unredacted Exhibit 8 to Poe Decl, #13 Unredacted Exhibit 9 to Poe Decl, #14 Redacted Exhibit 15 to Poe Decl, #15 Unredacted Exhibit 15 to Poe Decl, #16 Redacted Exhibit 25 to Poe Decl, #17 Unredacted Exhibit 25 to Poe Decl, #18 Redacted Exhibit 44 to Poe Decl, #19 Unredacted Exhibit 44 to Poe Decl, #20 Redacted Exhibit 48 to Poe Decl, #21 Unredacted Exhibit 48 to Poe Decl, #22 Redacted Exhibit 51 to Poe Decl, #23 Unredacted Exhibit 51 to Poe Decl, #24 Redacted Exhibit 55 to Poe Decl, #25 Unredacted Exhibit 55 to Poe Decl, #26 Redacted Exhibit 57 to Poe Decl, #27 Unredacted Exhibit 57 to Poe Decl, #28 Redacted Exhibit 92 to Poe Decl, #29 Unredacted Exhibit 92 to Poe Decl, #30 Redacted Exhibit 96 to Poe Decl, #31 Unredacted Exhibit 96 to Poe Decl, #32 Redacted Exhibit 101 to Poe Decl, #33 Unredacted Exhibit 101 to Poe Decl)(Poe, Mark) (Filed on 7/14/2017)

July 13, 2017

Filing 241 ORDER DENYING PLAINTIFFS' MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION OF CLASS CERTIFICATION ORDER. Re: Dkt. Nos. #199 , #209 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/13/2017)

July 9, 2017

Filing 240 DECLARATION of Randolph Gaw in Opposition to #238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1)(Related document(s) #238 ) (Gaw, Randolph) (Filed on 7/9/2017)

July 9, 2017

Filing 239 OPPOSITION/RESPONSE (re #238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 7/9/2017)

July 7, 2017

Filing 238 MOTION to Strike Improperly Filed Declaration of Randolph Gaw or, in the Alternative, for Permission to File Response in Further Support of Maintaining Documents Under Seal re #237 Declaration in Opposition, #235 Opposition/Response to Motion, filed by Innovation Ventures LLC, Living Essentials LLC. Responses due by 7/11/2017. (Attachments: #1 Declaration of Matthew Dolmage, #2 Proposed Order)(Hawxhurst, Gerald) (Filed on 7/7/2017)

July 6, 2017

Filing 237 DECLARATION of Randolph Gaw in Opposition to #236 Declaration in Support,, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #236 ) (Gaw, Randolph) (Filed on 7/6/2017)

July 5, 2017

Filing 236 Declaration of Libby Hausler in Support of #233 Exhibits to an Administrative Motion to File Under Seal,, #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor, #223 Exhibits to an Administrative Motion to File Under Seal,,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit 1 to Hausler Declaration)(Related document(s) #233 , #222 , #223 ) (Hawxhurst, Gerald) (Filed on 7/5/2017)

July 3, 2017

Filing 235 OPPOSITION/RESPONSE (re #216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woro ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/3/2017)

July 3, 2017

Filing 234 ORDER GRANTING Motion to Remove Incorrectly Filed Document Docket No. [222-3] filed by Plaintiff ABC Distributing, Inc. #232 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/3/2017)

July 3, 2017

Filing 233 EXHIBITS re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor (CORRECTED REDACTED VERSION OF DECLARATION OF SAMUEL SONG REGARDING DOCUMENTS SOUGHT TO BE FILED UNDER SEAL, CORRECTION OF DOCKET # [222-3] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #222 ) (Poe, Mark) (Filed on 7/3/2017)

July 3, 2017

Filing 232 MOTION to Remove Incorrectly Filed Document Docket No. [222-3] filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 7/3/2017)

June 30, 2017

Filing 231 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor, #223 Exhibits to an Administrative Motion to File Under Seal,,,,, (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 230 Declaration of Randolph Gaw in Support of #228 MOTION to Exclude Evidence , #229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #228 , #229 ) (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 229 MOTION to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 228 MOTION to Exclude Evidence filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion to Exclude Evidence)(Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 227 Declaration of Mark Poe in Support of #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 44, #42 Exhibit 45, #43 Exhibit 46, #44 Exhibit 47, #45 Exhibit 48, #46 Exhibit 50, #47 Exhibit 51, #48 Exhibit 55, #49 Exhibit 56, #50 Exhibit 57, #51 Exhibit 61, #52 Exhibit 62, #53 Exhibit 67, #54 Exhibit 81, #55 Exhibit 86, #56 Exhibit 87, #57 Exhibit 88, #58 Exhibit 90, #59 Exhibit 91, #60 Exhibit 92, #61 Exhibit 94, #62 Exhibit 96, #63 Exhibit 100, #64 Exhibit 101)(Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 226 Declaration of DeForest McDuff, Ph.D. in Support of #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A to McDuff Declaration)(Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 225 Request for Judicial Notice re #224 MOTION for Partial Summary Judgment filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #224 ) (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 224 MOTION for Partial Summary Judgment filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Partial Summary Judgment)(Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 223 EXHIBITS re #222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Suppor filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Redacted Mot to Exclude Evidence, #2 Unredacted Mot to Exclude Evidence, #3 Redacted Exhibit C to Gaw Decl ISO Mot to Exclude Evidence, #4 Unredacted Exhibit C to Gaw Decl, #5 Redacted Exhibit D to Gaw Decl, #6 Unredacted Exhibit D to Gaw Decl, #7 Unredacted Exhibit G to Gaw Decl, #8 Redacted Exhibit I to Gaw Decl, #9 Unredacted Exhibit I to Gaw Decl, #10 Redacted Exhibit J to Gaw Decl, #11 Unredacted Exhibit J to Gaw Decl, #12 Unredacted Exhibit K to Gaw Decl, #13 Redacted Exhibit L to Gaw Decl, #14 Unredacted Exhibit L to Gaw Decl, #15 Redacted Exhibit N to Gaw Decl, #16 Unredacted Exhibit N to Gaw Decl, #17 Redacted Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch, #18 Unredacted Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch)(Related document(s) #222 ) (Poe, Mark) (Filed on 6/30/2017)

June 30, 2017

Filing 222 Administrative Motion to File Under Seal Unredacted Versions of the Declaration of Samuel Song Regarding Documents Sought to Be Filed Under Seal; Plaintiffs' Motion for Partial Summary Judgment; the Declaration of Dr. DeForest McDuff in Support of Plaintiffs' Motion for Partial Summary Judgment and Exhibit A attached thereto; Exhibits 1-9, 11-13, 15, 18-22, 24-36, 38, 44-48, 50-51, 55-57, 61-62, 67, 87-88, 90-92, 94, 96, and 100-101 to the Declaration of Mark Poe in Support of Plaintiffs Motion for Partial Summary Judgment; Plaintiffs' Motion to Exclude Evidence; Exhibits C, D, G, I, J, K, L, and N to the Declaration of Randolph Gaw in Support of Plaintiffs Motion to Exclude Evidence and Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch; and Plaintiffs' Motion to Exclude Expert Opinion Testimony of Dr. Glenn Woroch filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration in Supp of Admin Mot to Seal, #2 Proposed Order Granting Admin Motion to Seal, #3DOCUMENT REMOVED PURSUANT TO ORDER #234 Redacted Song Decl Re: Docs Sought to Be Sealed, #4 Unredacted Song Decl Re: Docs Sought to Be Sealed, #5 Redacted Mot for Partial Summary Judgment, #6 Unredacted Mot for Partial Summary Judgment, #7 Redacted McDuff Decl ISO Mot for Partial Summary Judgment, #8 Unredacted McDuff Decl ISO Mot for Partial Summary Judgment, #9 Redacted Exhibit A to McDuff Decl, #10 Unredacted Exhibit A to McDuff Decl, #11 Unredacted Exhibit 1 to Poe Decl ISO Mot for Partial Summary Judgment, #12 Redacted Exhibit 2 to Poe Decl, #13 Unredacted Exhibit 2 to Poe Decl, #14 Unredacted Exhibit 3 to Poe Decl, #15 Redacted Exhibit 4 to Poe Decl, #16 Unredacted Exhibit 4 to Poe Decl, #17 Redacted Exhibit 5 to Poe Decl, #18 Unredacted Exhibit 5 to Poe Decl, #19 Redacted Exhibit 6 to Poe Decl, #20 Unredacted Exhibit 6 to Poe Decl, #21 Redacted Exhibit 7 to Poe Decl, #22 Unredacted Exhibit 7 to Poe Decl, #23 Unredacted Exhibit 8 to Poe Decl, #24 Redacted Exhibit 9 to Poe Decl, #25 Unredacted Exhibit 9 to Poe Decl, #26 Unredacted Exhibit 11 to Poe Decl, #27 Unredacted Exhibit 12 to Poe Decl, #28 Unredacted Exhibit 13 to Poe Decl, #29 Redacted Exhibit 15 to Poe Decl, #30 Unredacted Exhibit 15 to Poe Decl, #31 Unredacted Exhibit 18 to Poe Decl, #32 Unredacted Exhibit 19 to Poe Decl, #33 Unredacted Exhibit 20 to Poe Decl, #34 Unredacted Exhibit 21 to Poe Decl, #35 Redacted Exhibit 22 to Poe Decl, #36 Unredacted Exhibit 22 to Poe Decl, #37 Unredacted Exhibit 24 to Poe Decl, #38 Redacted Exhibit 25 to Poe Decl, #39 Unredacted Exhibit 25 to Poe Decl, #40 Redacted Exhibit 26 to Poe Decl, #41 Unredacted Exhibit 26 to Poe Decl, #42 Redacted Exhibit 27 to Poe Decl, #43 Unredacted Exhibit 27 to Poe Decl, #44 Redacted Exhibit 28 to Poe Decl, #45 Unredacted Exhibit 28 to Poe Decl, #46 Redacted Exhibit 29 to Poe Decl, #47 Unredacted Exhibit 29 to Poe Decl, #48 Redacted Exhibit 30 to Poe Decl, #49 Unredacted Exhibit 30 to Poe Decl, #50 Redacted Exhibit 31 to Poe Decl, #51 Unredacted Exhibit 31 to Poe Decl, #52 Redacted Exhibit 32 to Poe Decl, #53 Unredacted Exhibit 32 to Poe Decl, #54 Redacted Exhibit 33 to Poe Decl, #55 Unredacted Exhibit 33 to Poe Decl, #56 Redacted Exhibit 34 to Poe Decl, #57 Unredacted Exhibit 34 to Poe Decl, #58 Redacted Exhibit 35 to Poe Decl, #59 Unredacted Exhibit 35 to Poe Decl, #60 Redacted Exhibit 36 to Poe Decl, #61 Unredacted Exhibit 36 to Poe Decl, #62 Redacted Exhibit 38 to Poe Decl, #63 Unredacted Exhibit 38 to Poe Decl, #64 Redacted Exhibit 44 to Poe Decl, #65 Unredacted Exhibit 44 to Poe Decl, #66 Redacted Exhibit 45 to Poe Decl, #67 Unredacted Exhibit 45 to Poe Decl, #68 Redacted Exhibit 46 to Poe Decl, #69 Unredacted Exhibit 46 to Poe Decl, #70 Redacted Exhibit 47 to Poe Decl, #71 Unredacted Exhibit 47 to Poe Decl, #72 Redacted Exhibit 48 to Poe Decl, #73 Unredacted Exhibit 48 to Poe Decl, #74 Redacted Exhibit 50 to Poe Decl, #75 Unredacted Exhibit 50 to Poe Decl, #76 Redacted Exhibit 51 to Poe Decl, #77 Unredacted Exhibit 51 to Poe Decl, #78 Redacted Exhibit 55 to Poe Decl, #79 Unredacted Exhibit 55 to Poe Decl, #80 Redacted Exhibit 56 to Poe Decl, #81 Unredacted Exhibit 56 to Poe Decl, #82 Redacted Exhibit 57 to Poe Decl, #83 Unredacted Exhibit 57 to Poe Decl, #84 Redacted Exhibit 61 to Poe Decl, #85 Unredacted Exhibit 61 to Poe Decl, #86 Redacted Exhibit 62 to Poe Decl, #87 Unredacted Exhibit 62 to Poe Decl, #88 Redacted Exhibit 67 to Poe Decl, #89 Unredacted Exhibit 67 to Poe Decl, #90 Redacted Exhibit 87 to Poe Decl, #91 Unredacted Exhibit 87 to Poe Decl, #92 Redacted Exhibit 88 to Poe Decl, #93 Unredacted Exhibit 88 to Poe Decl, #94 Redacted Exhibit 90 to Poe Decl, #95 Unredacted Exhibit 90 to Poe Decl, #96 Redacted Exhibit 91 to Poe Decl, #97 Unredacted Exhibit 91 to Poe Decl, #98 Redacted Exhibit 92 to Poe Decl, #99 Unredacted Exhibit 92 to Poe Decl, #100 Redacted Exhibit 94 to Poe Del, #101 Unredacted Exhibit 94 to Poe Decl, #102 Redacted Exhibit 96 to Poe Decl, #103 Unredacted Exhibit 96 to Poe Decl, #104 Redacted Exhibit 100 to Poe Decl, #105 Unredacted Exhibit 100 to Poe Decl, #106 Redacted Exhibit 101 to Poe Decl, #107 Unredacted Exhibit 101 to Poe Decl)(Poe, Mark) (Filed on 6/30/2017) (Attachment 3 replaced on 7/5/2017) (sp, COURT STAFF). Modified on 7/5/2017 (sp, COURT STAFF).

June 30, 2017

Filing 221 Declaration of Dr. Glenn Woroch in Support of #218 MOTION for Summary Judgment , #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A)(Related document(s) #218 , #219 ) (Hawxhurst, Gerald) (Filed on 6/30/2017)

June 30, 2017

Filing 220 Declaration of Gerald E. Hawxhurst in Support of #218 MOTION for Summary Judgment , #219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Related document(s) #218 , #219 ) (Hawxhurst, Gerald) (Filed on 6/30/2017)

June 30, 2017

Filing 219 MOTION to Strike Exclude the Merits Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 6/30/2017)

June 30, 2017

Filing 218 MOTION for Summary Judgment filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 8/2/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/14/2017. Replies due by 7/21/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 6/30/2017)

June 30, 2017

Filing 217 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woro ch (Hawxhurst, Gerald) (Filed on 6/30/2017)

June 30, 2017

Filing 216 Administrative Motion to File Under Seal Unredacted Version of Defendants' Motion for Summary Judgment; Exhibits F, H, I, K, and O to the Declaration of Gerald E. Hawxhurst in support thereof; and Exhibit A to the Declaration of Dr. Glenn Woroch in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Defendants' Motion for Summary Judgment, #4 Unredacted Version of Defendants' Motion for Summary Judgment, #5 Exhibit F to Hawxhurst Declaration (Redacted), #6 Exhibit F to Hawxhurst Declaration (Unredacted), #7 Exhibit H to Hawxhurst Declaration (Redacted), #8 Exhibit H to Hawxhurst Declaration (Unredacted), #9 Exhibit I to Hawxhurst Declaration (Redacted), #10 Exhibit I to Hawxhurst Declaration (Unredacted), #11 Exhibit K to Hawxhurst Declaration (Redacted), #12 Exhibit K to Hawxhurst Declaration (Unredacted), #13 Exhibit O to Hawxhurst Declaration (Redacted), #14 Exhibit O to Hawxhurst Declaration (Unredacted), #15 Exhibit A to Woroch Declaration (Redacted), #16 Exhibit A to Woroch Declaration (Unredacted))(Hawxhurst, Gerald) (Filed on 6/30/2017)

June 20, 2017

Filing 215 CLERK'S NOTICE CONTINUING Further Case Management Conference to 8/2/2017 10:00 AM in Courtroom 7, 4th Floor, San Jose. Updated Case Management Statement due by 7/26/2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/20/2017)

June 14, 2017

Filing 214 CASE MANAGEMENT STATEMENT (Supplemental) filed by Innovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 6/14/2017)

June 14, 2017

Filing 213 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 6/14/2017)

June 5, 2017

Filing 212 NOTICE of Change of Address by Gerald Edward Hawxhurst (Hawxhurst, Gerald) (Filed on 6/5/2017)

May 23, 2017

Filing 211 NOTICE by Innovation Ventures LLC, Living Essentials LLC of filing of Answer in Opposition to Plaintiffs' Rule 23(f) Petition (Attachments: #1 Answer to Rule 23(f) Petition)(Hawxhurst, Gerald) (Filed on 5/23/2017)

May 5, 2017

Filing 210 Declaration of Alexander R. Safyan in Support of #209 Opposition/Response to Motion, for Leave to File Motion for Reconsideration of Class Certification Order filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A - Plaintiffs' Rule 23(f) Petition to Ninth Circuit (Filed Under Seal), #2 Exhibit B - Transcript of Meguiar Depo. (Redacted), #3 Exhibit C - Transcript of Allen Depo. (Redacted), #4 Exhibit D - Transcript of A. Lee Depo., #5 Exhibit E - Transcript of R. Rahib Depo.)(Related document(s) #209 ) (Hawxhurst, Gerald) (Filed on 5/5/2017)

May 5, 2017

Filing 209 OPPOSITION/RESPONSE (re #199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 5/5/2017)

May 5, 2017

Filing 208 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #207 Administrative Motion to File Under Seal Exhibits A-C to the Declaration of Alexander R. Safyan in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to File Motion for Reconsideration of Class Certification Order (Hawxhurst, Gerald) (Filed on 5/5/2017)

May 5, 2017

Filing 207 Administrative Motion to File Under Seal Exhibits A-C to the Declaration of Alexander R. Safyan in Support of Defendants' Opposition to Plaintiffs' Motion for Leave to File Motion for Reconsideration of Class Certification Order filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Gerald E. Hawxhurst, #2 Proposed Order, #3 Exhibit A - Plaintiffs' Unredacted Rule 23(f) Petition to Ninth Circuit, #4 Exhibit B - Unredacted Transcript of Meguiar Depo., #5 Exhibit B - Redacted Transcript of Meguiar Depo., #6 Exhibit C - Unredacted Transcript of Allen Depo., #7 Exhibit C - Redacted Transcript of Allen Depo.)(Hawxhurst, Gerald) (Filed on 5/5/2017)

April 26, 2017

Filing 206 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Discovery Hearing re Joint Letter Brief #190 and further case management conference held on 4/26/2017: Defendants' motion for protective order is granted in part and denied in part; Further Case Management Conference set for 6/21/2017 10:00 AM; Updated case management statement due by 6/14/2017. Plaintiffs' Attorneys: Mark Poe, Victor Meng, Randolph Gaw, Samuel Song. Defendants' Attorneys: Alexander Safyan, Daryl Crone. (FTR Time 1:07pm - 1:39pm.) Attachment Minute order. (lmh, COURT STAFF) (Date Filed: 4/26/2017)

April 25, 2017

Filing 205 CASE MANAGEMENT STATEMENT (JOINT) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 4/25/2017)

April 24, 2017

Filing 204 Declaration of Libby Hausler in Support of #197 Administrative Motion to File Under Seal Motion for Leave to File Motion for Reconsideration filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #197 ) (Safyan, Alexander) (Filed on 4/24/2017)

April 24, 2017

Filing 203 ORDER GRANTING STOEL RIVES, LLP'S REQUEST TO WITHDRAW AS COUNSEL OF RECORD. #196 . Attorneys Jonathan Arthur Miles; Edward Charles Duckers and Bryan Lakeith Hawkins terminated. Signed by Judge Nathanael Cousins on 4/24/2017. (lmh, COURT STAFF) (Filed on 4/24/2017)

April 24, 2017

Filing 202 CLERK'S NOTICE: Defendants are requested to respond to plaintiffs' motion for leave to file motion for reconsideration on class certification #199 by May 5. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/24/2017)

April 24, 2017

Filing 201 CLERK'S NOTICE: Parties are to file by 4/25 at 5:00 PM an updated case management statement, and joint update to discovery letter brief, Dkt. #190 , in light of Court's ruling on class certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/24/2017)

April 21, 2017

Filing 200 Declaration of Randolph Gaw in Support of #199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Related document(s) #199 ) (Gaw, Randolph) (Filed on 4/21/2017)

April 21, 2017

Filing 199 MOTION for Reconsideration re #192 Order on Motion to Certify Class,, Order on Motion to Strike, filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Gaw, Randolph) (Filed on 4/21/2017)

April 21, 2017

Filing 198 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #197 Administrative Motion to File Under Seal (Gaw, Randolph) (Filed on 4/21/2017)

April 21, 2017

Filing 197 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Motion for Leave to File Motion for Reconsideration, #4 Unredacted Version of Motion for Leave to File Motion for Reconsideration, #5 Unredacted Version of Exhibit 2 to Declaration of Randolph Gaw, #6 Redacted Version of Exhibit 3 to Declaration of Randolph Gaw, #7 Unredacted Version of Exhibit 3 to Declaration of Randolph Gaw, #8 Redacted Version of Exhibit 4 to Declaration of Randolph Gaw, #9 Unredacted Version of Exhibit 4 to Declaration of Randolph Gaw, #10 Redacted Version of Exhibit 5 to Declaration of Randolph Gaw, #11 Unredacted Version of Exhibit 5 to Declaration of Randolph Gaw, #12 Redacted Version of Exhibit 6 to Declaration of Randolph Gaw, #13 Unredacted Version of Exhibit 6 to Declaration of Randolph Gaw, #14 Redacted Version of Exhibit 7 to Declaration of Randolph Gaw, #15 Unredacted Version of Exhibit 7 to Declaration of Randolph Gaw, #16 Redacted Version of Exhibit 8 to Declaration of Randolph Gaw, #17 Unredacted Version of Exhibit 8 to Declaration of Randolph Gaw, #18 Redacted Version of Exhibit 9 to Declaration of Randolph Gaw, #19 Unredacted Version of Exhibit 9 to Declaration of Randolph Gaw)(Gaw, Randolph) (Filed on 4/21/2017)

April 21, 2017

Filing 196 NOTICE of Change In Counsel by Bryan Lakeith Hawkins STOEL RIVES, LLP'S REQUEST TO WITHDRAW AS COUNSEL OF RECORD; [PROPOSED] ORDER (Hawkins, Bryan) (Filed on 4/21/2017)

April 17, 2017

Filing 195 ORDER ON MOTIONS TO SEAL DKT. NOS. #149 , #163 , #172 . Re: Dkt. Nos. #149 , #163 , #172 , #194 . Signed by Judge Nathanael Cousins on 4/17/2017. (lmh, COURT STAFF) (Filed on 4/17/2017)

April 13, 2017

Filing 194 Supplemental Brief re #193 Order on Administrative Motion to File Under Seal,,,, Order on Motion to Remove Incorrectly Filed Document,,,, filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A to Poe Declaration, #2 Exhibit B to Poe Declaration, #3 Exhibit C to Poe Declaration, #4 Exhibit D to Poe Declaration, #5 Exhibit E to Poe Declaration, #6 Exhibit F to Poe Declaration, #7 Exhibit G to Poe Declaration, #8 Exhibit H to Poe Declaration, #9 Exhibit I to Poe Declaration, #10 Exhibit J to Poe Declaration, #11 Exhibit N to Poe Declaration, #12 Exhibit O to Poe Declaration, #13 Exhibit P to Poe Declaration, #14 Exhibit Q to Poe Declaration, #15 Exhibit R to Poe Declaration, #16 Exhibit S to Poe Declaration, #17 Exhibit T to Poe Declaration, #18 Exhibit U to Poe Declaration, #19 Exhibit V to Poe Declaration, #20 Exhibit W to Poe Declaration, #21 Exhibit Y to Poe Declaration, #22 Exhibit Z to Poe Declaration, #23 Exhibit AA to Poe Declaration, #24 Exhibit BB to Poe Declaration, #25 Exhibit CC to Poe Declaration, #26 Exhibit A to Gaw Declaration, #27 Exhibit B to Gaw Declaration, #28 Exhibit C to Gaw Declaration, #29 Exhibit E to Gaw Declaration, #30 Exhibit F to Gaw Declaration, #31 Exhibit H to Gaw Declaration, #32 Exhibit I to Gaw Declaration, #33 Exhibit L to Gaw Declaration, #34 Exhibit M to Gaw Declaration, #35 Exhibit N to Gaw Declaration, #36 Exhibit O to Gaw Declaration, #37 Exhibit P to Gaw Declaration, #38 Exhibit Q to Gaw Declaration, #39 Exhibit R to Gaw Declaration, #40 Exhibit S to Gaw Declaration, #41 Exhibit T to Gaw Declaration, #42 Exhibit U to Gaw Declaration, #43 Exhibit V to Gaw Declaration, #44 Exhibit W to Gaw Declaration, #45 Exhibit FF to Poe Declaration, #46 Exhibit II to Poe Declaration, #47 Exhibit KK to Poe Declaration, #48 Exhibit LL to Poe Declaration, #49 Exhibit MM to Poe Declaration)(Related document(s) #193 ) (Hawxhurst, Gerald) (Filed on 4/13/2017)

April 9, 2017

Filing 193 ORDER RE: ADMINISTRATIVE MOTIONS TO SEAL. Re: Dkt. Nos. #149 , #154 , #158 , #163 , #171 , #172 , #179 , #180 , #188 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/9/2017)

April 7, 2017

Filing 192 ORDER DENYING MOTION FOR CLASS CERTIFICATION; DENYING MOTION TO STRIKE EXPERT REPORT. Re: Dkt. Nos. #151 , #156 . Discovery Hearing and Case Management Conference set for 4/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/7/2017).

March 24, 2017

Filing 191 CLERK'S NOTICE SETTING HEARING re Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions #190 for 4/26/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/24/2017)

March 23, 2017

Filing 190 Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit December 14, 2016 Hearing Transcript, #2 Declaration of Gerald E. Hawxhurst, #3 Declaration of Steve Ramsey, #4 Declaration of Sue LeBeau, #5 Declaration of Mark Poe, #6 Exhibit A to Poe Declaration, #7 Exhibit B to Poe Declaration, #8 Exhibit C to Poe Declaration, #9 Exhibit D to Poe Declaration, #10 Exhibit E to Poe Declaration, #11 Exhibit F to Poe Declaration, #12 Exhibit G to Poe Declaration)(Hawxhurst, Gerald) (Filed on 3/23/2017)

March 23, 2017

Filing 189 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #188 Administrative Motion to File Under Seal Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions, and Exhibits D-G to the Declaration of Mark Poe (Hawxhurst, Gerald) (Filed on 3/23/2017)

March 23, 2017

Filing 188 Administrative Motion to File Under Seal Joint Discovery Letter Brief re: Case Schedule and Ramsey and LeBeau Depositions, and Exhibits D-G to the Declaration of Mark Poe filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Version of Joint Discovery Letter, #4 Unredacted Version of Joint Discovery Letter, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Hawxhurst, Gerald) (Filed on 3/23/2017)

March 9, 2017

Filing 187 Transcript of Proceedings held on December 14, 2016, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. 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 #186 Transcript Order, ) Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (Related documents(s) #186 ) (Columbini, Joan) (Filed on 3/9/2017).

March 7, 2017

Filing 186 TRANSCRIPT ORDER for proceedings held on December 14, 2016 before Magistrate Judge Nathanael M. Cousins by Innovation Ventures LLC, Living Essentials LLC, for Court Reporter FTR - San Jose. (Hawxhurst, Gerald) (Filed on 3/7/2017) (TRASCRIBER: JOAN COLUMBINI) Modified on 3/7/2017 (lmh, COURT STAFF).

March 6, 2017

Filing 185 CLERK'S NOTICE VACATING THE HEARING set for 3/8/2017 01:00 PM re Motion to Certify Class #151 and Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff #156 . The Court finds the motions suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/6/2017)

February 22, 2017

Filing 184 Declaration of Darrell Williams, Ph.D. in Support of #182 Reply to Opposition/Response, Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #182 ) (Hawxhurst, Gerald) (Filed on 2/22/2017)

February 22, 2017

Filing 183 Declaration of Gerald E. Hawxhurst in Support of #182 Reply to Opposition/Response, Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (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) #182 ) (Hawxhurst, Gerald) (Filed on 2/22/2017)

February 22, 2017

Filing 182 REPLY (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 2/22/2017)

February 22, 2017

Filing 181 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #179 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff, Exhibits A-G to the Declaration of Gerald E. Hawxhurst in support thereof, an, #180 Supplemental Administrative Motion to File Under Seal Unredacted Declaration of Darrell Williams, Ph.D. in Support of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff (Hawxhurst, Gerald) (Filed on 2/22/2017)

February 22, 2017

Filing 180 Supplemental Administrative Motion to File Under Seal Unredacted Declaration of Darrell Williams, Ph.D. in Support of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit H - Redacted Reply Declaration of Darrell Williams, Ph.D., #4 Exhibit H - Unredacted Reply Declaration of Darrell Williams, Ph.D.)(Hawxhurst, Gerald) (Filed on 2/22/2017)

February 22, 2017

Filing 179 Administrative Motion to File Under Seal Unredacted Version of Defendants' Reply in Support of Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff, Exhibits A-G to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Darrell Williams, Ph.D., in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. McDuff, #4 Exhibit Unredacted Reply in Support of Motion to Exclude Expert Opinion Testimony of Dr. McDuff, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G)(Hawxhurst, Gerald) (Filed on 2/22/2017)

February 21, 2017

Filing 178 Declaration of Libby Hausler in Support of #172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #172 ) (Safyan, Alexander) (Filed on 2/21/2017)

February 21, 2017

Filing 177 Declaration of Libby Hausler in Support of #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #163 ) (Safyan, Alexander) (Filed on 2/21/2017)

February 17, 2017

Filing 176 Declaration of Mark Poe in Support of #174 Reply to Opposition/Response Plaintiffs' Motion for Class Certification filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit DD, #2 Exhibit EE, #3 Exhibit FF, #4 Exhibit GG, #5 Exhibit HH, #6 Exhibit II, #7 Exhibit JJ, #8 Exhibit KK, #9 Exhibit LL, #10 Exhibit MM, #11 Exhibit NN, #12 Exhibit OO)(Related document(s) #174 ) (Poe, Mark) (Filed on 2/17/2017)

February 17, 2017

Filing 175 Declaration of DeForest McDuff, Ph.D. in Support of #174 Reply to Opposition/Response Plaintiffs' Motion for Class Certification filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A)(Related document(s) #174 ) (Poe, Mark) (Filed on 2/17/2017)

February 17, 2017

Filing 174 REPLY (re #151 MOTION to Certify Class ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/17/2017)

February 17, 2017

Filing 173 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof (Poe, Mark) (Filed on 2/17/2017)

February 17, 2017

Filing 172 Administrative Motion to File Under Seal Unredacted Reply in Support of Plaintiffs' Motion for Class Certification and Exhibits DD-MM of the Declaration of Mark Poe in Support Thereof filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, #3 Redacted Reply in Support of Motion for Class Certification, #4 Unredacted Reply in Support of Motion for Class Certification, #5 Exhibit DD, #6 Exhibit EE, #7 Exhibit FF, #8 Exhibit GG, #9 Exhibit HH, #10 Exhibit II, #11 Exhibit JJ, #12 Exhibit KK, #13 Exhibit LL, #14 Exhibit MM)(Poe, Mark) (Filed on 2/17/2017)

February 16, 2017

Filing 171 MOTION to Remove Incorrectly Filed Document (Docket Nos. [163-3] and #165 ) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 2/16/2017)

February 16, 2017

Filing 170 OPPOSITION/RESPONSE (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) (REVISED REDACTED VERSION OF PLAINTIFFS' OPPOSITION TO MOTION TO EXCLUDE EXPERT OPINION OF DR. MCDUFF), CORRECTION OF DOCKET #165 filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)

February 16, 2017

Filing 169 EXHIBITS re #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof (REVISED REDACTED VERSION OF PLAINTIFFS' OPPOSITION TO MOTION TO EXCLUDE EXPERT OPINION OF DR. MCDUFF), CORRECTION OF DOCKET # [163-3] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Related document(s) #163 ) (Poe, Mark) (Filed on 2/16/2017)

February 16, 2017

Filing 168 Proposed Order Granting Plaintiffs' Administrative Motion to File Documents Under Seal, CORRECTION OF DOCKET # [163-2] by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)

February 16, 2017

Filing 167 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Documents Under Seal, CORRECTION OF DOCKET # [163-1] filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/16/2017)

February 15, 2017

Filing 166 Declaration of Randolph Gaw in Support of #165 Opposition/Response to Motion, to Exclude Expert Opinion of Dr. McDuff filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #165 ) (Poe, Mark) (Filed on 2/15/2017)

February 15, 2017

Filing 165 *** DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** OPPOSITION/RESPONSE (re #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 2/15/2017) Modified on 2/16/2017 (ewn, COURT STAFF). See Document Number 170 for correction. Modified on 2/17/2017 (srnS, COURT STAFF).

February 15, 2017

Filing 164 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof (Poe, Mark) (Filed on 2/15/2017)

February 15, 2017

Filing 163 Administrative Motion to File Under Seal Unredacted Opposition to Motion to Exclude Expert Testimony of Dr. McDuff and Exhibits A-X to the Declaration of Randolph Gaw in Support Thereof filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, *** #3 Redacted Opposition to Motion to Exclude Expert Testimony DOCUMENT LOCKED AT FILER'S REQUEST. DOCUMENT TO BE REFILED LATER. *** , #4 Unredacted Opposition to Motion to Exclude Expert Testimony, #5 Exhibit A to Gaw Declaration, #6 Exhibit B to Gaw Declaration, #7 Exhibit C to Gaw Declaration, #8 Exhibit D to Gaw Declaration, #9 Exhibit E to Gaw Declaration, #10 Exhibit F to Gaw Declaration, #11 Exhibit G to Gaw Declaration, #12 Exhibit H to Gaw Declaration, #13 Exhibit I to Gaw Declaration, #14 Exhibit J to Gaw Declaration, #15 Exhibit K to Gaw Declaration, #16 Exhibit L to Gaw Declaration, #17 Exhibit M to Gaw Declaration, #18 Exhibit N to Gaw Declaration, #19 Exhibit O to Gaw Declaration, #20 Exhibit P to Gaw Declaration, #21 Exhibit Q to Gaw Declaration, #22 Exhibit R to Gaw Declaration, #23 Exhibit S to Gaw Declaration, #24 Exhibit T to Gaw Declaration, #25 Exhibit U to Gaw Declaration, #26 Exhibit V to Gaw Declaration, #27 Exhibit W to Gaw Declaration, #28 Exhibit X to Gaw Declaration)(Poe, Mark) (Filed on 2/15/2017) Modified on 2/16/2017 (ewn, COURT STAFF). See Document 167 to correct 16301, 168 to correct 163-2 and 169 to correct 163-3. Modified on 2/17/2017 (srnS, COURT STAFF).

February 10, 2017

Filing 162 Declaration of Sharon Pang, Ph.D. in Support of #160 Opposition/Response to Motion to Certify Class (Ex. M to Administrative Motion to File Under Seal) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #160 ) (Hawxhurst, Gerald) (Filed on 2/10/2017)

February 10, 2017

Filing 161 Declaration of Gerald E. Hawxhurst in Support of #160 Opposition/Response to Motion to Certify Class filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Related document(s) #160 ) (Hawxhurst, Gerald) (Filed on 2/10/2017)

February 10, 2017

Filing 160 OPPOSITION/RESPONSE (re #151 MOTION to Certify Class ) filed byInnovation Ventures LLC, Living Essentials LLC. (Hawxhurst, Gerald) (Filed on 2/10/2017)

February 10, 2017

Filing 159 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #158 Administrative Motion to File Under Seal Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Class Certification, Exhibits A-L to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Sharon Pang, Ph.D., in support thereof (Hawxhurst, Gerald) (Filed on 2/10/2017)

February 10, 2017

Filing 158 Administrative Motion to File Under Seal Unredacted Version of Defendants' Opposition to Plaintiffs' Motion for Class Certification, Exhibits A-L to the Declaration of Gerald E. Hawxhurst in support thereof, and the Declaration of Sharon Pang, Ph.D., in support thereof filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Opposition to Motion for Class Certification, #4 Exhibit Unredacted Opposition to Motion for Class Certification, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L, #17 Exhibit M)(Hawxhurst, Gerald) (Filed on 2/10/2017)

February 1, 2017

Filing 157 Declaration of Gerald E. Hawxhurst in Support of #156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed byInnovation Ventures LLC, Living Essentials LLC. (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) #156 ) (Hawxhurst, Gerald) (Filed on 2/1/2017)

February 1, 2017

Filing 156 MOTION to Strike Exclude the Expert Opinion Testimony of Dr. DeForest McDuff Offered in Support of Class Certification filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 3/8/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 2/15/2017. Replies due by 2/22/2017. (Attachments: #1 Proposed Order)(Hawxhurst, Gerald) (Filed on 2/1/2017)

February 1, 2017

Filing 155 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #154 Administrative Motion to File Under Seal Exhibits A-G to the Declaration of Gerald E. Hawxhurst in Support of Defendants' Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff (Hawxhurst, Gerald) (Filed on 2/1/2017)

February 1, 2017

Filing 154 Administrative Motion to File Under Seal Exhibits A-G to the Declaration of Gerald E. Hawxhurst in Support of Defendants' Motion to Exclude the Expert Opinion Testimony of Dr. DeForest McDuff filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Hawxhurst, Gerald) (Filed on 2/1/2017)

January 31, 2017

Filing 153 Declaration of Libby Hausler in Support of #149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #149 ) (Hawkins, Bryan) (Filed on 1/31/2017)

January 27, 2017

Filing 152 Declaration of Mark Poe in Support of #151 MOTION to Certify Class filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, 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)(Related document(s) #151 ) (Poe, Mark) (Filed on 1/27/2017)

January 27, 2017

Filing 151 MOTION to Certify Class filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 3/8/2017 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 2/10/2017. Replies due by 2/17/2017. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 1/27/2017)

January 27, 2017

Filing 150 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) (Poe, Mark) (Filed on 1/27/2017)

January 27, 2017

Filing 149 Administrative Motion to File Under Seal (Unredacted Version of Plaintiffs' Motion for Class Certification and Exhibits A-J, N-W, and Y-CC to the Declaration of Mark Poe in Support of Plaintiffs' Motion for Class Certification) filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Redacted Motion for Class Certification, #4 Unredacted Motion for Class Certification, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC)(Poe, Mark) (Filed on 1/27/2017)

December 16, 2016

Filing 148 ORDER GRANTING Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents #142 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/16/2016)

December 14, 2016

Filing 147 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 12/14/2016: Court GRANTS IN PART plaintiff's motion to compel discovery of emails from accounts of employees Ramsey and Sullivan #143 . For good cause shown by Living Essentials, the parties will share 50/50 the costs of this search and production, with plaintiffs' share capped at $15,000. Each side will pay its own attorney fees. Plaintiffs' Attorney: Mark Poe. Defendants' Attorney: Edward Duckers. (FTR Time: 10:35am - 10:47am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 12/14/2016)

December 12, 2016

Filing 146 Declaration of Libby Hausler in Support of #142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #142 ) (Hawkins, Bryan) (Filed on 12/12/2016)

December 9, 2016

Filing 145 CLERK'S NOTICE: The Court will address the Joint Discovery Letter Brief #143 at the 12/14 case management conference. (This is a text-only entry generated by the court. There is no document associated with this entry.). (lmh, COURT STAFF) (Filed on 12/9/2016)

December 8, 2016

Filing 144 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents (Song, Samuel) (Filed on 12/8/2016)

December 8, 2016

Filing 143 Joint Discovery Letter BriefRe: Ramsey and Sullivan Documents filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 7, #2 Exhibit 26, #3 Exhibit 43, #4 Exhibit 52, #5 Exhibit 55, #6 Exhibit 62, #7 Declaration of Bryan L. Hawkins, #8 Declaration of Libby Hausler)(Poe, Mark) (Filed on 12/8/2016)

December 8, 2016

Filing 142 Administrative Motion to File Under Seal Discovery Letter Brief Re: Ramsey and Sullivan Documents filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe, #2 Proposed Order, #3 Redacted Version of Joint Letter Brief, #4 Unredacted Version of Joint Letter Brief, #5 Exhibit 7, #6 Exhibit 26, #7 Exhibit 43, #8 Exhibit 52, #9 Exhibit 55, #10 Exhibit 62)(Poe, Mark) (Filed on 12/8/2016)

December 7, 2016

Filing 141 CASE MANAGEMENT STATEMENT Updated Joint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 12/7/2016)

October 21, 2016

Filing 140 ORDER GRANTING Letter filed by Tonic Wholesale, Inc., Elite Wholesale, Inc., ABC Distributing, Inc. #139 . Signed by Judge Nathanael Cousins on 10/21/2016. (lmh, COURT STAFF) (Filed on 10/21/2016)

October 20, 2016

Filing 139 Letter to Judge Cousins re: WalMart Update from Plaintiffs (Poe, Mark) (Filed on 10/20/2016) Modified on 10/20/2016 (bwS, COURT STAFF).

October 18, 2016

Filing 138 CLERK'S NOTICE RESETTING the Further Case Management Conference for 12/14/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Updated Case Management Statement due by 12/7/2016. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/18/2016)

October 17, 2016

Filing 137 ORDER GRANTING Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena filed by ABC Distributing, Inc. #121 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2016)

October 17, 2016

Filing 136 ORDER GRANTING Administrative Motion to File Under Seal filed by ABC Distributing, Inc. #119 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/17/2016)

October 13, 2016

Filing 135 ORDER AMENDING CASE SCHEDULE; RESOLVING DISCOVERY DISPUTES. Re: Dkt. Nos. #120 #122 #131 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 10/13/2016)

October 13, 2016

Filing 134 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Further Case Management Conference regarding discovery disputes held on 10/13/2016. Court to issue order. Attorneys for Plaintiffs: Mark Poe, Victor Meng. Attorneys for Defendants: Edward Duckers, Alexander Safyan. Attorney for Non-Party Wal-Mart: Priya Navaratnasingham. (FTR Time 3:05pm-3:08pm/3:28pm-3:57pm.)This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 10/13/2016)

October 12, 2016

Filing 133 RESPONSE (re #120 MOTION for Sanctions Re: Living Essentials' Refusal to Produce Clark Eaves for Deposition and for Interference with Subpoena [REDACTED VERSION SUBJECT TO SEALING MOTION (ECF NO. 116)] ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 10/12/2016)

October 7, 2016

Filing 132 ORDER STRIKING IMPROPER DISCOVERY BRIEFS, PRECLUDING FURTHER DISCOVERY MOTIONS, AND CLARIFYING ORDER SETTING OCT. 13 MANAGEMENT CONFERENCE. Re: Dkt. Nos. #127 #130 . Signed by Judge Nathanael Cousins on 10/7/2016. (lmh, COURT STAFF) (Filed on 10/7/2016)

October 7, 2016

Remark: Order Striking Improper Discovery Briefs #132 provided to non-party Wal-Mart's counsel via email. (lmh, COURT STAFF) (Filed on 10/7/2016)

October 6, 2016

Filing 131 Discovery Letter Briefre: Living Essentials' 30(b)(6) Deposition filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Poe, Mark) (Filed on 10/6/2016)

October 5, 2016

Filing 130 REPLY (re #122 Discovery Letter BriefRe: Wal-Mart Subpoena ) Response to Living Essentials' Brief filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/5/2016)

October 5, 2016

Filing 129 CLERK'S NOTICE SETTING Case Management Conference for 10/13/2016 at 3:00 PM. Lead counsel must attend and must be prepared to discuss all pending discovery disputes and the case schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 10/5/2016)

October 4, 2016

Filing 128 Declaration of Libby Hausler in Support of #121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena Pursuant to L.R. 79-5(e)(1) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #121 ) (Safyan, Alexander) (Filed on 10/4/2016)

October 4, 2016

Filing 127 Brief re #122 Discovery Letter BriefRe: Wal-Mart Subpoena In Support of Non-Party Wal-Mart's Position in Joint Letter Brief Regarding Motion to Quash Subpoena filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Related document(s) #122 ) (Hawkins, Bryan) (Filed on 10/4/2016)

October 4, 2016

Filing 126 Statement re #116 Administrative Motion to File Under Seal , #124 Declaration in Support, #125 Reply to Opposition/Response Opposing Plaintiffs' Purported "Response" to Declaration of Libby Hausler by Innovation Ventures LLC, Living Essentials LLC. (Safyan, Alexander) (Filed on 10/4/2016)

October 3, 2016

Filing 125 REPLY (re #116 Administrative Motion to File Under Seal ) Response to Hausler Declaration filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 10/3/2016)

October 3, 2016

Filing 124 Declaration of Libby Hausler in Support of #116 Administrative Motion to File Under Seal Pursuant to L.R. 79-5(e)(1) filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #116 ) (Safyan, Alexander) (Filed on 10/3/2016)

September 30, 2016

Filing 123 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena (Song, Samuel) (Filed on 9/30/2016)

September 30, 2016

Filing 122 Discovery Letter BriefRe: Wal-Mart Subpoena filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Poe, Mark) (Filed on 9/30/2016)

September 30, 2016

Filing 121 Administrative Motion to File Under Seal Discovery Letter Brief Re: Wal-Mart Subpoena filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Under Seal, #2 Proposed Order Granting Plaintiffs' Administrative Motion to File Under Seal, #3 Redacted Discovery Letter Brief Re: Wal-Mart Subpoena, #4 Unredacted Discovery Letter Brief Re: Wal-Mart Subpoena, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Poe, Mark) (Filed on 9/30/2016)

September 30, 2016

Filing 120 MOTION for Sanctions Re: Living Essentials' Refusal to Produce Clark Eaves for Deposition and for Interference with Subpoena [REDACTED VERSION SUBJECT TO SEALING MOTION (ECF NO. 116)] filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 11/2/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 10/12/2016. Replies due by 10/19/2016. (Poe, Mark) (Filed on 9/30/2016)

September 28, 2016

Filing 119 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc. re #116 Administrative Motion to File Under Seal (Song, Samuel) (Filed on 9/28/2016)

September 28, 2016

Filing 118 Proposed Order Granting Plaintiffs' Motion for Discovery Sanctions Re: Clark Eaves Deposition by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 9/28/2016)

September 28, 2016

Filing 117 Declaration of Mark Poe in Support of Plaintiffs' Motion for Sanctions Re: Deposition of Clark Eaves filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit H, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K, #5 Exhibit L, #6 Exhibit M, #7 Exhibit N, #8 Exhibit O, #9 Exhibit P, #10 Exhibit Q, #11 Exhibit R, #12 Exhibit S, #13 Exhibit T, #14 Exhibit U, #15 Exhibit V)(Poe, Mark) (Filed on 9/28/2016)

September 28, 2016

Filing 116 Administrative Motion to File Under Seal filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Mark Poe in Support of Plaintiffs' Administrative Motion to File Documents Under Seal, #2 Proposed Order Granting Plaintiffs' Administrative Motion to File Documents Under Seal, #3 Redacted Motion for Discovery Sanctions, #4 Unredacted Motion for Discovery Sanctions, #5 Exhibit A to the Poe Declaration ISO Motion for Discovery Sanctions, #6 Exhibit B to the Poe Declaration ISO Motion for Discovery Sanctions, #7 Exhibit C to the Poe Declaration ISO Motion for Discovery Sanctions, #8 Exhibit D to the Poe Declaration ISO Motion for Discovery Sanctions, #9 Exhibit E to the Poe Declaration ISO Motion for Discovery Sanctions, #10 Exhibit F to the Poe Declaration ISO Motion for Discovery Sanctions, #11 Exhibit G to the Poe Declaration ISO Motion for Discovery Sanctions)(Poe, Mark) (Filed on 9/28/2016)

September 23, 2016

Filing 115 ORDER RESOLVING DISCOVERY LETTER BRIEF. Re: Dkt. No. #112 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 9/23/2016)

September 21, 2016

Filing 114 NOTICE of Appearance by Alexander Robert Safyan for Defendants (Safyan, Alexander) (Filed on 9/21/2016)

September 16, 2016

Filing 113 CLERK'S NOTICE SETTING HEARING RE Second Discovery Letter Brief #112 . Hearing set for 9/28/2016 01:00 PM before Judge Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.)(lmh, COURT STAFF) (Filed on 9/16/2016)

September 15, 2016

Filing 112 Second Discovery Letter Brief filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Poe, Mark) (Filed on 9/15/2016)

August 31, 2016

Filing 111 AMENDED CASE MANAGEMENT SCHEDULING ORDER: Class certification experts and expert reports must be disclosed by 11/11/2016; Rebuttal class certification experts must be disclosed by 12/9/2016; Close of class certification expert discovery is 1/6/2017; Plaintiff must move for class certification by 1/27/2017. The Court will hear the motion 3/8/2017; All non-expert discovery must be completed by 4/7/2017; Discovery of expert witnesses must be completed by 6/9/2017; All dispositive motions and Daubert motions must be filed and served by 6/30/2017; Dispositive motions will be heard on 8/2/2017 01:00 PM; Pretrial Conference set for 10/4/2017 02:00 PM; Jury Trial set for ten days will commence on 10/16/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 8/31/2016. (lmh, COURT STAFF) (Filed on 8/31/2016)

August 31, 2016

Filing 110 **PLEASE DISREGARD AND SEE DKT. NO. #111 .** Modified on 8/31/2016 (lmh, COURT STAFF).

August 31, 2016

Filing 109 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 8/31/2016: Court grants sixty day extension of case management schedule #107 ; Updated Case Management Statement due by 10/19/2016; Further Case Management Conference set for 10/26/2016 10:00 AM. Counsel may appear telephonically. Court to issue amended scheduling order. Plaintiffs' Attorney: Victor Meng. Defendants: Attorneys: Ed Duckers, Gerald Hawxhurst. (FTR: 10:09am - 10:24am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 8/31/2016)

August 25, 2016

Filing 108 CLERK'S NOTICE SETTING Case Management Conference for 8/31/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 8/25/2016)

August 25, 2016

Filing 107 JOINT LOCAL RULE 7-11 MOTION FOR ADMINISTRATIVE RELIEF TO FURTHER AMEND CASE SCHEDULING ORDER AND FOR A CASE MANAGEMENT CONFERENCE AS THE COURT PLEASES; [DECLARATIONS OF MARK POE AND BRYAN HAWKINS; [PROPOSED] ORDERfiled by Innovation Ventures LLC, Living Essentials LLC. Responses due by 8/29/2016. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Declaration of Mark Poe, #3 (Proposed) Order, #4 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 8/25/2016) Modified on 8/25/2016 (bwS, COURT STAFF).

August 22, 2016

Filing 106 NOTICE of Appearance of Gerald Edward Hawxhurst for defendants (Hawxhurst, Gerald) (Filed on 8/22/2016) Modified on 8/23/2016 (bwS, COURT STAFF).

August 19, 2016

Filing 105 NOTICE of Appearance by Daryl M. Crone (Crone, Daryl) (Filed on 8/19/2016)

August 12, 2016

Filing 104 Transcript of Proceedings held on May 11, 2016, before Judge Nathanael Cousins. Court Reporter/Transcriber Joan Marie Columbini, CSR, telephone number joan.columbini.csr@gmail.com 510-367-3043. 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 #99 Transcript Order, ) Redaction Request due 9/2/2016. Redacted Transcript Deadline set for 9/12/2016. Release of Transcript Restriction set for 11/10/2016. (Related documents(s) #99 ) (Columbini, Joan) (Filed on 8/12/2016)

August 11, 2016

Filing 103 AMENDED CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER REGARDING NON-PARTY PARAMOUNT VENTURES, INC. Signed by Judge Nathanael Cousins on 8/11/2016. (lmh, COURT STAFF) (Filed on 8/11/2016)

August 10, 2016

Filing 102 STIPULATION WITH PROPOSED ORDER Request for Entry of Amended Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc. filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order Amended Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc.)(Song, Samuel) (Filed on 8/10/2016)

August 3, 2016

Filing 101 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER REGARDING NON-PARTY PARAMOUNT VENTURES, INC. re: {100]. Signed by Judge Nathanael Cousins on 8/3/2016. (lmh, COURT STAFF) (Filed on 8/3/2016)

August 3, 2016

Filing 100 STIPULATION WITH PROPOSED ORDER Confidentiality Stipulation and Protective Order Regarding Non-Party Paramount Ventures, Inc. filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Song, Samuel) (Filed on 8/3/2016)

August 2, 2016

Filing 99 TRANSCRIPT ORDER for proceedings held on 5/11/2016 before Magistrate Judge Nathanael M. Cousins by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc., for Court Reporter FTR - San Jose. (Song, Samuel) (Filed on 8/2/2016) (TRANSCRIBER: JOAN COLUMBINI) Modified on 8/3/2016 (sms, COURT STAFF).

July 27, 2016

Filing 98 ORDER GRANTING SECOND MOTION TO STRIKE AFFIRMATIVE DEFENSES. Re: Dkt. No. #93 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/27/2016)

July 7, 2016

Filing 97 REPLY (re #93 MOTION to Strike #89 Amended Answer to Complaint ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Poe, Mark) (Filed on 7/7/2016)

June 30, 2016

Filing 96 ORDER GRANTING IN PART DEFENDANTS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS. Re: Dkt. No. #92 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/30/2016)

June 30, 2016

Filing 95 RESPONSE (re #93 MOTION to Strike #89 Amended Answer to Complaint ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/30/2016)

June 16, 2016

Filing 93 MOTION to Strike #89 Amended Answer to Complaint filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 8/3/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 6/30/2016. Replies due by 7/7/2016. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 6/16/2016)

June 16, 2016

Filing 92 Letter from Joint Letter Brief . (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Bryan) (Filed on 6/16/2016)

June 15, 2016

Filing 94 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins. Further Case Management Conference held on 6/15/2016: Class certification expert reports due 9/9/2016; Rebuttal reports due 9/30/2016; Close of expert discovery re class certification 10/17/2016; Updated Case Management Statement due by 10/5/2016; Further Case Management Conference set for 10/12/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Plaintiffs' Attorneys: Mark Poe, Victor Meng. Defendants' Attorney: Ed Duckess. (FTR Time 10:22am - 10:34am.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 6/15/2016)

June 8, 2016

Filing 91 JOINT CASE MANAGEMENT STATEMENT filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/8/2016)

June 2, 2016

Filing 90 ORDER DENYING PARTIES' STIPULATION TO EXTEND DATES. Re: Dkt. No. #88 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 6/2/2016)

June 2, 2016

Filing 89 AMENDED ANSWER to Second #50 Amended Complaint byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 6/2/2016)

May 31, 2016

Filing 88 STIPULATION WITH PROPOSED ORDER re Update of Discovery Status and Proposed Amended Schedule filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 5/31/2016)

May 26, 2016

Filing 87 ORDER GRANTING DEFENDANTS' MOTION TO AMEND THE ANSWER. Re: Dkt. No. #83 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 5/26/2016)

May 26, 2016

Filing 86 PLAINTIFF'S STATEMENT OF NON-OPPOSITION TO DEFENDANTS' #83 MOTION for Leave to File Amended Answer ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 5/26/2016) Modified on 5/27/2016 (srnS, COURT STAFF).

May 24, 2016

Filing 85 ORDER re #83 Plaintiff may respond to defendants' motion to file an amended answer by 5/27/16. Signed by Judge Nathanael Cousins on 5/24/16. (nclc3S, COURT STAFF) (Filed on 5/24/2016)

May 11, 2016

Filing 84 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing re Joint Discovery Letter Brief #79 held on 5/11/2016. Parties to meet and confer and file stipulation re discovery status by May 31, 2016. FTR Time 1:30pm-1:38pm/2:33pm-2:43pm. Attachment Minute order. (lmh, COURT STAFF) (Date Filed: 5/11/2016). (Additional attachment(s) added on 5/25/2016: #1 Corrected Minute Order) (lmh, COURT STAFF).

May 10, 2016

Filing 83 MOTION for Leave to File Amended Answer filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 5/10/2016)

May 9, 2016

Filing 82 Joint Statement Regarding Discovery Dispute re #80 Order Setting Hearing on Motion, #79 Joint Discovery Letter Briefre: Defendants' Discovery Responses filed byABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #80 , #79 ) (Poe, Mark) (Filed on 5/9/2016) Modified on 5/10/2016 (srnS, COURT STAFF).

April 26, 2016

Filing 81 ORDER GRANTING MOTION TO STRIKE AFFIRMATIVE DEFENSES. Re: Dkt. No. #74 . Defendants have fourteen days to file a motion to seek leave to amend the answer. The motion to amend must attach the proposed amended answer as an exhibit. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/26/2016)

April 20, 2016

Filing 80 ORDER SETTING DISCOVERY HEARING Re: Dkt. No. #79 . Parties must file a joint statement and each side's proposed order by 5/9. Hearing set for 5/11/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 4/20/2016. (lmh, COURT STAFF) (Filed on 4/20/2016)

April 19, 2016

Filing 79 Joint Discovery Letter Briefre: Defendants' Discovery Responses filed by ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Declaration of Bryan Hawkins w/ Exhibits)(Poe, Mark) (Filed on 4/19/2016)

April 8, 2016

Filing 78 STIPULATION of Dismissal with Prejudice filed by Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc.. (Poe, Mark) (Filed on 4/8/2016)

April 4, 2016

Filing 77 CLERK'S NOTICE VACATING hearing re Motion to Strike Affirmative Defenses #74 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 4/4/2016)

March 21, 2016

Filing 76 REPLY (re #74 MOTION to Strike Affirmative Defenses ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Song, Samuel) (Filed on 3/21/2016)

March 14, 2016

Filing 75 RESPONSE (re #74 MOTION to Strike Affirmative Defenses ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 3/14/2016)

February 29, 2016

Filing 74 MOTION to Strike Affirmative Defenses filed by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. Motion Hearing set for 4/6/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 3/14/2016. Replies due by 3/21/2016. (Attachments: #1 Proposed Order)(Song, Samuel) (Filed on 2/29/2016)

February 24, 2016

Filing 73 STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 2/24/2016. (lmh, COURT STAFF) (Filed on 2/24/2016)

February 23, 2016

Filing 72 NOTICE of Appearance by Samuel S. Song (Song, Samuel) (Filed on 2/23/2016)

February 23, 2016

Filing 71 NOTICE of Appearance by Victor Meng for Plaintiffs ABC Distributing, Inc., Elite Wholesale, Inc., Tonic Wholesale, Inc., Pittsburg Wholesale Grocers, Inc. and Pacific Groservice, Inc. (Meng, Victor) (Filed on 2/23/2016)

February 23, 2016

Filing 70 STIPULATION WITH PROPOSED ORDER (Stipulated Protective Order) filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 2/23/2016)

February 9, 2016

Filing 69 ANSWER to Amended Complaint Second byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 2/9/2016)

January 25, 2016

Filing 68 CASE MANAGEMENT SCHEDULING ORDER: Plaintiffs must move for class certification by 11/9/2016. The Court will hear the motion 12/14/2016. Further Case Management Conference set for 6/15/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. All non-expert discovery must be completed by 2/10/2017. Discovery of expert witnesses must be completed by 4/10/2017. Dispositive and Daubert motions must be served and filed by 4/28/2017 and will be heard on 5/31/2017 01:00 PM. Pretrial Conference set for 7/5/2017 02:00 PM. Jury Trial set for ten days will commence on 8/7/2017 09:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 1/26/2016. (lmh, COURT STAFF) (Filed on 1/25/2016)

January 25, 2016

Filing 67 ORDER DENYING MOTION TO DISMISS. Re: dkt. No. #61 . Defendants must answer the complaint within 15 days. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/25/2016)

January 4, 2016

Filing 66 CLERK'S NOTICE VACATING the hearing set for 1/6/2016 re Motion to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC #61 . The Court finds the motion suitable for decision without oral argument. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/4/2016)

December 23, 2015

Filing 65 REPLY (re #61 MOTION to Dismiss ) Reply Memorandum of Points and Authorities in Support of Their Motion to Dismiss filed byLiving Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Duckers, Edward) (Filed on 12/23/2015)

December 21, 2015

Filing 64 RESPONSE (re #61 MOTION to Dismiss ) filed byABC Distributing, Inc.. (Attachments: #1 Exhibit Ex. A Dolmage Decl)(Poe, Mark) (Filed on 12/21/2015)

December 18, 2015

Filing 63 ORDER GRANTING Plaintiffs' Administrative Motion to File Under Seal #62 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/18/2015)

December 17, 2015

Filing 62 Administrative Motion to File Under Seal Opposition to MTD SAC and Ex. A thereto filed by ABC Distributing, Inc.. (Attachments: #1 Declaration Poe Decl. ISO Mot. to Seal, #2 Exhibit Unredacted Opp to MTD SAC, #3 Exhibit Redacted Opp to MTD SAC, #4 Exhibit Unredacted Ex. A ISO Opp to MTD SAC, #5 Exhibit Redacted Ex. A ISO Opp to MTD SAC, #6 Proposed Order Granting Admin. Mot. to Seal)(Poe, Mark) (Filed on 12/17/2015)

December 8, 2015

Filing 61 MOTION to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 1/6/2016 01:00 PM before Magistrate Judge Nathanael M. Cousins. Responses due by 12/22/2015. Replies due by 12/29/2015. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 12/8/2015)

December 8, 2015

Reset Deadlines as to Motion to Dismiss #61 : Opposition due by 12/17/2015. Reply due by 12/23/2015. Hearing set for 1/6/2016 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 12/8/2015)

December 7, 2015

Filing 60 MODIFIED ORDER GRANTING DEFENDANTS' MOTION TO FILE UNDER SEAL #57 . Defendants shall file the redacted motion to dismiss and set the schedule pursuant to the Order Setting Briefing Schedule, Dkt. #56 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 12/7/2015)

December 4, 2015

Filing 59 Request for Judicial Notice re #57 Administrative Motion to File Under Seal filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Exhibit A-H, #2 Certificate/Proof of Service)(Related document(s) #57 ) (Hawkins, Bryan) (Filed on 12/4/2015)

December 4, 2015

Filing 58 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC re #57 Administrative Motion to File Under Seal (Hawkins, Bryan) (Filed on 12/4/2015)

December 4, 2015

Filing 57 Administrative Motion to File Under Seal filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration Bryan L. Hawkins, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Hawkins, Bryan) (Filed on 12/4/2015)

November 17, 2015

Filing 56 ORDER GRANTING STIPULATION Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint #54 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/17/2015)

November 17, 2015

Filing 55 Proposed Order re #54 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint by Innovation Ventures LLC, Living Essentials LLC. (Hawkins, Bryan) (Filed on 11/17/2015)

November 17, 2015

Filing 54 STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Second Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Declaration of Bryan L. Hawkins, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/17/2015)

November 17, 2015

Filing 53 STIPULATION re #50 Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/17/2015)

November 16, 2015

Filing 52 ORDER DENYING DEFENDANTS' MOTION TO DISMISS AS MOOT. Re: Dkt. No. #27 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/16/2015)

November 16, 2015

Filing 51 ORDER GRANTING MOTION TO REDACT SECOND AMENDED COMPLAINT. Re: Dkt. No. #41 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/16/2015)

November 12, 2015

Filing 50 AMENDED COMPLAINT (Second) against All Defendants. Filed byABC Distributing, Inc.. (Poe, Mark) (Filed on 11/12/2015)

November 12, 2015

Filing 49 ORDER GRANTING LEAVE TO AMEND THE COMPLAINT. Re: Dkt. No. #42 . Plaintiffs must file the amended complaint in a separate docket entry within 7 days. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 11/12/2015)

November 9, 2015

Filing 48 RESPONSE (re #42 MOTION for Leave to File Second Amended Complaint ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 11/9/2015)

November 9, 2015

Filing 47 Declaration of Bryan L. Hawkins in Support of #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #41 ) (Hawkins, Bryan) (Filed on 11/9/2015)

November 9, 2015

Filing 46 DECLARATION of Randolph Gaw In Response to LeBeau Declaration filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 11/9/2015)

November 6, 2015

Filing 45 Declaration of Darin J. LeBeau in Support of #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Related document(s) #41 ) (Hawkins, Bryan) (Filed on 11/6/2015)

November 4, 2015

Filing 44 CLERK'S NOTICE: Defendant may respond to motion for leave to file second amended complaint #42 by 11/10/2015. No reply necessary. (This is a text-only entry generated by the court. There is no document associated with this notice.) (lmh, COURT STAFF) (Filed on 11/4/2015)

November 2, 2015

Filing 43 CERTIFICATE OF SERVICE by ABC Distributing, Inc. re #41 First Administrative Motion to File Under Seal proposed Second Amended Complaint (Poe, Mark) (Filed on 11/2/2015)

November 2, 2015

Filing 42 MOTION for Leave to File Second Amended Complaint filed by ABC Distributing, Inc.. (Attachments: #1 Proposed Order)(Poe, Mark) (Filed on 11/2/2015)

November 2, 2015

Filing 41 First Administrative Motion to File Under Seal proposed Second Amended Complaint filed by ABC Distributing, Inc.. (Attachments: #1 Declaration, #2 Proposed Order, #3 Exhibit Redacted Ver. of Proposed SAC, #4 Exhibit Unredacted Ver. of Proposed SAC, #5 Exhibit Unredacted Comparison of FAC to SAC)(Poe, Mark) (Filed on 11/2/2015)

October 19, 2015

Filing 40 CLERK'S NOTICE: The Court adopts the case schedule as set forth in the parties' joint case management statement. (See document #2 (lmh, COURT STAFF) (Filed on 10/19/2015) (Additional attachment(s) added on 10/19/2015: #2 Case schedule) (lmh, COURT STAFF).

October 16, 2015

Filing 39 ORDER REFERRING CASE to Mediation re #37 . Signed by Judge Nathanael Cousins on 10/16/2015. (lmh, COURT STAFF) (Filed on 10/16/2015)

October 14, 2015

Filing 38 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Hearing re Defendants' Motion to Dismiss #27 held on 10/14/2015. Court takes motion under submission. Court to issue scheduling order. Plaintiffs' Attorneys: Mark Poe, Randolph Gaw. Defendants' Attorneys: Edward Duckers, Brian Hawkins. (FTR 1:03pm - 1:37pm.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 10/14/2015)

October 13, 2015

Filing 37 STIPULATION and Proposed Order selecting Private ADR by ABC Distributing, Inc. filed by ABC Distributing, Inc.. (Poe, Mark) (Filed on 10/13/2015)

October 13, 2015

Filing 36 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Elite Wholesale, Inc. and Tonic Wholesale, Inc. (Poe, Mark) (Filed on 10/13/2015)

October 13, 2015

Filing 35 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Poe, Mark) (Filed on 10/13/2015)

October 8, 2015

Filing 34 CASE MANAGEMENT STATEMENT (Joint) filed by ABC Distributing, Inc.. (Poe, Mark) (Filed on 10/8/2015)

October 7, 2015

Filing 33 Certificate of Interested Entities by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc. (Gaw, Randolph) (Filed on 10/7/2015)

September 24, 2015

Filing 32 Request for Judicial Notice re #31 Reply to Opposition/Response filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #31 ) (Hawkins, Bryan) (Filed on 9/24/2015)

September 24, 2015

Filing 31 REPLY (re #27 MOTION to Dismiss ) filed byInnovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 9/24/2015)

September 3, 2015

Filing 30 RESPONSE (re #27 MOTION to Dismiss ) filed byABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Gaw, Randolph) (Filed on 9/3/2015)

August 31, 2015

Filing 29 Correction of Opposition/Response or Reply Deadlines pertaining to #27 MOTION to Dismiss (Reason: Correcting an error) Responses due by 9/3/2015. Replies due by 9/24/2015. (srm, COURT STAFF) (Filed on 8/31/2015)

August 6, 2015

Filing 28 Request for Judicial Notice re #27 MOTION to Dismiss filed byInnovation Ventures LLC, Living Essentials LLC. (Related document(s) #27 ) (Hawkins, Bryan) (Filed on 8/6/2015)

August 6, 2015

Filing 27 NOTICE OF MOTION AND MOTION TO DISMISS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOFf iled by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 10/14/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 8/20/2015. Replies due by 8/27/2015. (Attachments: #1 (Proposed) Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 8/6/2015) Text modified on 8/7/2015 conforming to posted document caption (bwS, COURT STAFF).

August 4, 2015

Filing 26 ORDER GRANTING STIPULATION Regarding Briefing Schedule and Continuance of Case Management Conference #25 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 8/4/2015)

August 4, 2015

Filing 25 STIPULATED REQUEST AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE FOR DEFENDANTS MOTION TO DISMISS AND CONTINUING CASE MANAGEMENT CONFERENCE filed by ABC Distributing, Inc., Elite Wholesale, Inc., Pacific Groservice, Inc., Pittsburg Wholesale Grocers, Inc., Tonic Wholesale, Inc.. (Attachments: #1 Declaration of Randolph Gaw In Support of Stipulated Request)(Gaw, Randolph) (Filed on 8/4/2015) Text modified on 8/5/2015 conforming to posted document caption (bwS, COURT STAFF).

August 4, 2015

Reset Hearing re Order on Stipulation #26 . Case Management Conference set for 10/14/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose. (lmh, COURT STAFF) (Filed on 8/4/2015)

July 29, 2015

Filing 24 STIPULATION to Extend Time to Respond to First Amended Complaint filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 7/29/2015)

July 22, 2015

Filing 23 ORDER GRANTING STIPULATION Requesting Continuance of Case Management Conference and Associated Deadlines #22 . Case Management Conference set for 9/23/2015 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 7/22/2015. (lmh, COURT STAFF) (Filed on 7/22/2015)

July 22, 2015

Filing 22 STIPULATION WITH PROPOSED ORDER Requesting Continuance of Case Management Conference and Associated Deadlines filed by Innovation Ventures LLC, Living Essentials LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hawkins, Bryan) (Filed on 7/22/2015)

July 16, 2015

Filing 21 CERTIFICATE OF SERVICE by Innovation Ventures LLC, Living Essentials LLC Certificate of Service by Mail of Defendant Living Essentials, LLC and Innovation Ventures, LLC's Notice of Withdrawal of Motion to Dismiss (Miles, Jonathan) (Filed on 7/16/2015)

July 16, 2015

Filing 20 Notice of Withdrawal of Motion Defendants Living Essentials, LLC and Innovation Ventures, LLC's Notice of Withdrawal of Motion to Dismiss (Miles, Jonathan) (Filed on 7/16/2015)

July 13, 2015

Filing 19 FIRST AMENDED COMPLAINT against Innovation Ventures LLC, Living Essentials LLC. Filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Gaw, Randolph) (Filed on 7/13/2015) Modified on 7/14/2015 (srmS, COURT STAFF).

July 6, 2015

Filing 18 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. OF STANDING ORDERS (Gaw, Randolph) (Filed on 7/6/2015)

July 6, 2015

Filing 17 RESPONSE (re #11 MOTION to Dismiss ) filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Gaw, Randolph) (Filed on 7/6/2015)

July 1, 2015

Filing 16 Corporate Disclosure Statement; Certificate of Interested Entities by Innovation Ventures LLC, Living Essentials LLC (Miles, Jonathan) (Filed on 7/1/2015) Modified on 7/2/2015 (srm, COURT STAFF).

July 1, 2015

Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Innovation Ventures LLC, Living Essentials LLC.. (Miles, Jonathan) (Filed on 7/1/2015)

June 22, 2015

Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc... (Gaw, Randolph) (Filed on 6/22/2015)

June 19, 2015

Filing 13 CLERK'S NOTICE REGARDING Consent/Declination: Parties must file a consent or declination to proceed before a magistrate judge by 7/2/2015. The forms are available at: http://cand.uscourts.gov/civilforms. (lmh, COURT STAFF) (Filed on 6/19/2015)

June 19, 2015

Filing 12 NOTICE of Appearance by Jonathan Arthur Miles (Miles, Jonathan) (Filed on 6/19/2015)

June 19, 2015

Filing 11 MOTION to Dismiss filed by Innovation Ventures LLC, Living Essentials LLC. Motion Hearing set for 7/29/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose before Magistrate Judge Nathanael M. Cousins. Responses due by 7/6/2015. Replies due by 7/13/2015. (Attachments: #1 Proposed Order, #2 Notice of Appearance)(Duckers, Edward) (Filed on 6/19/2015)

June 19, 2015

Filing 10 CERTIFICATE OF SERVICE by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. re #9 Summons Issued, #8 Summons Issued (Gaw, Randolph) (Filed on 6/19/2015)

June 2, 2015

Filing 9 Summons Issued as to Living Essentials LLC. (srmS, COURT STAFF) (Filed on 6/2/2015)

June 2, 2015

Filing 8 Summons Issued as to Innovation Ventures LLC. (srmS, COURT STAFF) (Filed on 6/2/2015)

June 1, 2015

Filing 7 Certificate of Interested Entities by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. re #1 Complaint (Gaw, Randolph) (Filed on 6/1/2015)

June 1, 2015

Filing 6 Proposed Summons. (Gaw, Randolph) (Filed on 6/1/2015)

June 1, 2015

Filing 5 Proposed Summons. (Gaw, Randolph) (Filed on 6/1/2015)

May 8, 2015

Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/29/2015. Case Management Conference set for 8/5/2015 10:00 AM at the US District Court, 280 South First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 5/7/15. (srmS, COURT STAFF) (Filed on 5/8/2015)

May 7, 2015

Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. (bwS, COURT STAFF) (Filed on 5/7/2015)

May 7, 2015

Filing 2 Civil Cover Sheet by ABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc. . (Poe, Mark) (Filed on 5/7/2015)

May 7, 2015

Filing 1 COMPLAINT against Innovation Ventures LLC, Living Essentials LLC ( Filing fee $ 400, receipt number 0971-9504032.). Filed byABC Distributing, Inc., Pittsburg Wholesale Grocers, Inc.. (Poe, Mark) (Filed on 5/7/2015)

May 7, 2015

Electronic filing error. This filing will not be processed by the clerks office. Re: #1 Complaint filed by Pittsburg Wholesale Grocers, Inc., ABC Distributing, Inc. Case can not be assigned to judge to due to lack of Civil Cover Sheet. (bwS, COURT STAFF) (Filed on 5/7/2015)

Search for this case: ABC Distributing, Inc. et al v. Living Essentials LLC et al
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Plaintiff: ABC Distributing, Inc.
Represented By:	Mark Weylin Poe
Represented By:	Randolph Gaw
Represented By:	Samuel S. Song
Represented By:	Victor Meng
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Plaintiff: Pittsburg Wholesale Grocers, Inc.
Represented By:	Mark Weylin Poe
Represented By:	Randolph Gaw
Represented By:	Samuel S. Song
Represented By:	Victor Meng
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Plaintiff: Elite Wholesale, Inc.
Represented By:	Mark Weylin Poe
Represented By:	Randolph Gaw
Represented By:	Samuel S. Song
Represented By:	Victor Meng
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Plaintiff: Tonic Wholesale, Inc. on behalf of themselves and all others similarly situated doing business as Ace Wholesale
Represented By:	Mark Weylin Poe
Represented By:	Randolph Gaw
Represented By:	Samuel S. Song
Represented By:	Victor Meng
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Plaintiff: Pacific Groservice, Inc.
Represented By:	Mark Weylin Poe
Represented By:	Randolph Gaw
Represented By:	Samuel S. Song
Represented By:	Victor Meng
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Defendant: Living Essentials LLC
Represented By:	Edward Charles Duckers
Represented By:	Alexander Robert Safyan
Represented By:	Bryan Lakeith Hawkins
Represented By:	Daryl M. Crone
Represented By:	Gerald Edward Hawxhurst
Represented By:	Jonathan Arthur Miles
Represented By:	Joshua Lipton
Represented By:	Julian Wing-Kai Poon
Represented By:	Theodore J. Boutrous, Jr.
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Defendant: Innovation Ventures LLC
Represented By:	Edward Charles Duckers
Represented By:	Alexander Robert Safyan
Represented By:	Bryan Lakeith Hawkins
Represented By:	Daryl M. Crone
Represented By:	Gerald Edward Hawxhurst
Represented By:	Jonathan Arthur Miles
Represented By:	Joshua Lipton
Represented By:	Julian Wing-Kai Poon
Represented By:	Theodore J. Boutrous, Jr.
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