Vitamins Online v. HeartWise
Plaintiff / Appellant: VITAMINS ONLINE, INC., a Delaware corporation
Defendant / Appellee: HEARTWISE, INC., an Oregon corporation, DBA NatureWise
Case Number: 21-4152
Filed: December 23, 2021
Court: U.S. Court of Appeals, Tenth Circuit
Nature of Suit: Other
Docket Report

This docket was last retrieved on February 17, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 17, 2022 [10893681] Notice of deficient appendix on cross-appeal received from HeartWise, Inc. in 20-4126, 21-4152. Type of deficiencies for appendix: Volumes 2 through 8 have no bookmarks; Volumes 6 through 8 are not entirely searchable.. See attached letter for specifics. Appendix due on 02/22/2022 for HeartWise, Inc. [20-4126, 21-4152] [Entered: 02/17/2022 09:50 AM]
February 17, 2022 [10893747] Appellant's appendix filed by HeartWise, Inc. in 20-4126. Total number of volumes filed: 8. Served on 02/17/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] JT [Entered: 02/17/2022 11:58 AM]
February 17, 2022 [10893762] Minute order filed - the first brief on cross-appeal and appendix submitted by appellant/cross-appellee is accepted for filing. Paper copies shall now be filed with the court within 5 business days of this order. All copies must be exact replicas of the electronic filings, including all attachments and number of volumes filed (for appendices). Paper copies of appellant/cross-appellee's brief and appendix due 02/25/2022 by HeartWise, Inc. Second cross-appeal brief now due 03/21/2022 by Vitamins Online, Inc. (Text Only - No Attachment) [20-4126, 21-4152] [Entered: 02/17/2022 12:25 PM]
February 16, 2022 This entry has been removed from the docket. Refiled 2/17/22 [DD] [10893573] Appellant's appendix filed by HeartWise, Inc. in 20-4126. Total number of volumes filed: 8. Served on 02/16/2022. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] JT [Entered: 02/16/2022 07:53 PM]
February 16, 2022 [10893572] Appellant/Petitioner's brief filed by HeartWise, Inc. in 20-4126. Served on 02/16/2022 by email. Oral argument requested? Yes. Word/page count: 12955. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] JT [Entered: 02/16/2022 07:47 PM]
February 11, 2022 [10892413] Order filed by Clerk of the Court granting Heartwise's motion to conventionally file appendix exhibits. The CD/DVD/USB shall be provided to the court at the same time the paper copies of Heartwise's first brief on cross-appeal are submitted. See order for additional instructions. Counsel is reminded that all motions must comply with 10th Cir. R. 27.1. Served on 02/11/2022. [20-4126, 21-4152] [Entered: 02/11/2022 09:57 AM]
February 10, 2022 [10892344] Motion filed by Appellant HeartWise, Inc. in 20-4126, Appellee HeartWise, Inc. in 21-4152 for exemption from filing portion of appendix electronically. Served on: 02/10/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] JT [Entered: 02/10/2022 05:26 PM]
January 12, 2022 [10885421] Notice of Mediation Conference filed by the Tenth Circuit Mediation Office. Telephone conference scheduled for 2/01/2022 at 10:00 am (MT). The mediation contact form must be completed and returned to the Mediation Office within four days of the date of this notice. [Please open the Notice for important information.] [20-4126, 21-4152] [Entered: 01/12/2022 01:46 PM]
January 11, 2022 [10885036] Entry of appearance filed by Mr. Lan Dang, Mr. Joe Trojan and Mr. Francis Wong for HeartWise, Inc. CERT. OF INTERESTED PARTIES: y. Served on 01/11/2022. Manner of Service: email. [21-4152] [Entered: 01/11/2022 01:07 PM]
January 11, 2022 [10885137] Motion filed by Appellant HeartWise, Inc. in 20-4126, Appellee HeartWise, Inc. in 21-4152 for attorney Mary Margaret (Peggy) Hunt to withdraw as counsel. Served on: 01/11/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] MH [Entered: 01/11/2022 04:53 PM]
January 11, 2022 [10885141] Order filed by Clerk of the Court granting Attorney Mary Margaret (Peggy) Hunt's motion to withdraw as attorney. Served on 01/11/2022. Text only entry - no attachment. [20-4126, 21-4152] [Entered: 01/11/2022 05:25 PM]
January 11, 2022 [10885033] Entry of appearance submitted by R. Joseph Trojan, Lan Cuong Dang, Francis Wong. for Appellee HeartWise, Inc. for court review. Certificate of Interested Parties: Yes. Served on 01/11/2022. Manner of Service: email. [21-4152] --[Edited 01/11/2022 by SLS to remove PDF from docket entry as document has been filed.] JT [Entered: 01/11/2022 12:48 PM]
January 7, 2022 [10884322] Deficiency notice issued. Notice of appearance now due on 01/10/2022 for HeartWise, Inc. [21-4152] [Entered: 01/07/2022 09:30 AM]
January 7, 2022 [10884255] Entry of appearance filed by Mr. Chad E. Nydegger and Mr. David R. Todd for Vitamins Online, Inc.. CERT. OF INTERESTED PARTIES: y. Served on 01/06/2021. Manner of Service: US mail, email [21-4152] [Entered: 01/07/2022 07:06 AM]
January 7, 2022 [10884258] Minute order filed - Notice due that record is complete by 01/14/2022 for D. Mark Jones, Clerk of Court. (Text Only - No Attachment) [21-4152] [Entered: 01/07/2022 07:10 AM]
January 7, 2022 [10884305] Filed notice record is complete. Served on 01/07/2022. [21-4152] [Entered: 01/07/2022 08:59 AM]
January 7, 2022 [10884311] Cross-appeal schedule set. Issued on 01/07/2022. First brief on cross-appeal and appendix due 02/16/2022 for HeartWise, Inc. [20-4126, 21-4152] [Entered: 01/07/2022 09:05 AM]
January 6, 2022 [10884236] Docketing statement filed by Vitamins Online, Inc.. Served on 01/06/2022. Manner of Service: email, US mail. [21-4152] CEN [Entered: 01/06/2022 05:41 PM]
January 6, 2022 [10884237] Entry of appearance submitted by Chad E. Nydegger, David R. Todd for Appellant Vitamins Online, Inc. for court review. Certificate of Interested Parties: Yes. Served on 01/06/2022. Manner of Service: email, US mail. --[Edited 01/07/2022 by MLB to remove pdf from docket; entry filed on 01/07/22][21-4152] CEN [Entered: 01/06/2022 05:44 PM]
January 6, 2022 [10884242] Notice filed that the transcript is already on file in the district court filed by Vitamins Online, Inc.. Served on: 01/06/2022. Manner of Service: email, US mail. [21-4152] CEN [Entered: 01/06/2022 09:09 PM]
January 5, 2022 [10883749] Motion filed by Appellant HeartWise, Inc. in 20-4126 for attorney William A. Delgado to withdraw as counsel. Served on: 01/05/2022. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [20-4126, 21-4152] WAD [Entered: 01/05/2022 09:58 AM]
January 5, 2022 [10883803] Order filed by Clerk of the Court granting Attorney motion to withdraw as attorney. Served on 01/05/2022. [20-4126, 21-4152] [Entered: 01/05/2022 11:57 AM]
December 23, 2021 [10881808] Order filed by Clerk of the Court vacating the opening brief and appendix deadline for HeartWise in 20-4126. A cross-appeal briefing schedule will be set once the district court notifies that the record is complete in 21-4152. Served on 12/23/2021. [20-4126, 21-4152] [Entered: 12/23/2021 02:14 PM]
December 23, 2021 [10881713] Civil case docketed. Preliminary record filed. DATE RECEIVED: 12/23/2021 Docketing statement, transcript order form and notice of appearance due 01/06/2022 for Vitamins Online, Inc. Notice of appearance also due on 01/06/2022 for HeartWise, Inc. [21-4152] [Entered: 12/23/2021 11:38 AM]

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Plaintiff / appellant: VITAMINS ONLINE, INC., a Delaware corporation
Represented By: Chad E. Nydegger
Represented By: David R. Todd
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Defendant / appellee: HEARTWISE, INC., an Oregon corporation, DBA NatureWise
Represented By: Lan Dang
Represented By: Kevin R. Davis
Represented By: Mary (Peggy) Hunt
Represented By: E. Scott Savage
Represented By: Joe Trojan
Represented By: Francis Wong
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