Steuben Foods, Inc. v. Shibuya Hoppmann Corporation and HP Hood LLC
| Steuben Foods, Inc. |
| Shibuya Hoppmann Corporation and Shibuya Kogyo Co., Ltd. |
| JBT ICS Solutions US, Inc. |
| HP Hood LLC |
| 1:2019cv02181 |
| November 22, 2019 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Colm F Connolly |
| Patent |
| 35 U.S.C. § 0145 |
| Both |
Docket Report
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This docket was last retrieved on March 14, 2023. A more recent docket listing may be available from PACER.
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Filing 491
ORAL ORDER: The Court, having considered the parties' case status letter, (D.I. 490), HEREBY ORDERS as follows: A telephonic case status conference with the Court will be held on February 10, 2020, at 1:00 PM; counsel for Plaintiff shall initiate the call. Additionally: (1) By no later than January 20, 2020, counsel for Defendants shall file a letter brief of no longer than four (4) single-spaced pages explaining their views as to: (a) why a stay is appropriate with respect to the six claims at issue that currently stand rejected in reexamination, (collectively, the "claims in dispute") (D.I. 490 at 2), that is, the five asserted claims of U.S. Patent No. 6,945,013 (the "'013 patent") and one asserted claim of U.S. Patent No. 6,475,435 (the "'435 patent"), (id.); and (b) why an early motion for summary judgment is appropriate as to U.S. Patent No. 6,209,591 (the "'591 patent").; (2) By no later than January 27, 2020, counsel for Plaintiff may file an answering letter brief of no longer than four (4) single-spaced pages explaining its views as to (a) why a stay is not appropriate with respect to the claims in dispute and (b) why an early motion for summary judgment is not appropriate as to the '591 patent.; (3) By no later than January 31, 2020, counsel for Defendants may file a reply letter brief of no longer than two (2) single-spaced pages.; and (4) During the February 10, 2020, status teleconference, the Court will hear argument and resolve the disputes above, and then will order the parties to meet and confer and file a joint Scheduling Order consistent with the scope of the case. Ordered by Judge Christopher J. Burke on 1/13/2020. (dlb) Modified on 1/14/2020 (dlb).
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Filing 490
Letter to The Honorable Christopher J. Burke from Karen E. Keller regarding a statement identifying all pending matters which require judicial action - re 489 Oral Order,. (Keller, Karen)
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REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb)
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Filing 489
ORAL ORDER: IT IS HEREBY ORDERED pursuant to Local Rule 81.2 (Local Rules of Civil Practice and Procedure of the United States District Court for the District of Delaware, effective August 1, 2016) that by no later than January 9, 2020, the parties shall submit a statement identifying all pending matters which require judicial action. Ordered by Judge Christopher J. Burke on 12/23/2019. (dlb)
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Filing 488
ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke to hear and resolve all pretrial matters up to and including expert discovery matters (but not summary judgment motions, Daubert motions, or pre-trial motions in limine). Signed by Judge Colm F. Connolly on 12/20/2019. Motions referred to Magistrate Judge Christopher J. Burke.(nmf)
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Filing 487
NOTICE of Appearance by Timothy Devlin on behalf of Steuben Foods, Inc. (Devlin, Timothy)
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Remark: Remailed D.I. 483 11/25/2019 letter to new address for Olivia E. Marbutt. (mal)
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Filing 486
Return of Undeliverable Mail sent to Olivia E. Marbutt. (mal)
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Filing 485
NOTICE of Withdrawal of Counsel John M. Williamson, Esquire by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. (Keller, Karen)
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Filing 484
NOTICE of Appearance by Karen Elizabeth Keller on behalf of HP Hood LLC, Shibuya Hoppmann Corporation (Keller, Karen)
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Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
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Filing 483
Local Counsel Letter sent. Notice of Compliance deadline set for 12/23/2019. (amf)
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Filing 482
Record of case transferred in from District of New York Western; Case Number in Other District: 1:10-cv-00781. Copy of Docket Sheet and original file
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Filing 481
DECISION AND ORDER. Accordingly, for the reasons set forth in the Report, Recommendation and Order, Defendants' Third Renewed motion to Dismiss or Transfer due to improper venue is denied to the extent it seeks dismissal. The matter is transferred to the United States District Court for the District of Delaware. The Clerk of Court is ordered to effectuate the transfer upon entry of this Decision and Order. Signed by Hon. Elizabeth A. Wolford on 11/22/2019. (KM) [Transferred from New York Western on 11/25/2019.]
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Filing 480
NOTICE OF FILING OF AMENDED OFFICIAL TRANSCRIPT of Motion Proceedings held on 11/4/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Contact Info (585) 613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (KM) [Transferred from New York Western on 11/25/2019.]
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Filing 479
Amended transcript filed, see document [Dkt. 480]for amended version. NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Proceedings held on 11/4/2019, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Contact Info (585) 613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/9/2019. Redacted Transcript Deadline set for 12/19/2019. Release of Transcript Restriction set for 2/17/2020. (KM) Modified on 11/18/2019 (KM). [Transferred from New York Western on 11/25/2019.]
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Filing 478
REPORT, RECOMMENDATION AND ORDER re #469 MOTION to Dismiss , MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation. Objections due by 11/20/2019. Signed by Hon. Jeremiah J. McCarthy on 11/6/19. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 477
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 11/4/2019 re #469 Motion to Dismiss, Motion to Change Venue. Written decision to follow. APPEARANCES: Joseph Stanganelli, Cook Alciati, Olivia Marbutt (via telephone), Charles Avigliano (via telephone), Siddharth E. Fernandes (via telephone); William D. Christ, John Christopher Rozendaal for defendant Shibuya. (FTR GOLD) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 476
REPLY to Response to Motion re #469 MOTION to Dismiss MOTION to Change Venue filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 475
MEMORANDUM in Opposition re #469 MOTION to Dismiss MOTION to Change Venue filed by Steuben Foods, Inc.. (Attachments: #1 Declaration Joseph L. Stanganelli in support of Opposition, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 474
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION held on 10/2/19, before Magistrate Judge McCarthy. Court Reporter/Transcriber Karen J. Bush, Contact Info 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/30/2019. Redacted Transcript Deadline set for 11/12/2019. Release of Transcript Restriction set for 1/7/2020. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 473
TEXT ORDER: As agreed to by counsel at the October 2, 2019 conference, the following deadlines shall apply with respect to the issue of the sufficiency of the written description regarding oxonia, without prejudice to Steuben's ability to apply for related fact discovery:1) Defendants' expert disclosures, if any, shall be produced by December 2, 2019;2) Steuben's responding expert disclosure shall be produced by January 24, 2020;3) Expert depositions shall be completed by March 20, 2020;4) Defendants' motions for summary judgment shall be filed by April 15, 2020;5) Steuben's opposition shall be filed by May 15, 2020;6) Defendants' replies, if any, shall be filed by May 29, 2020; and7) Oral argument of defendants' motions for summary judgment is scheduled for June 11, 2020 at 2:00 p.m. Counsel may participate in person or by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference.The parties shall confer and submit proposals (jointly or individually) for the remaining discovery and claim construction. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/3/19. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 472
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 10/2/2019. Discussion on issues raised in recent correspondence addressed to the court. APPEARANCES: Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone), Siddharth E. Fernandes (via telephone) for Plaintiff; Brett A. Schatz, Gregory F. Ahrens for Defendant Oystar; Will B. Wohlford (via telephone) for defendant Kan-Pak; John Christopher Rozendaal (via telephone), William D. Christ for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins (via telephone), Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler Akagi (via telephohe), Michael Prewitt - In House Counsel (via telephone) for defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 471
AMENDED TEXT ORDER : The following schedule has been agreed to by the parties: Plaintiff shall respond to defendants' motion #469 to dismiss or to change venue by October 17, 2019; defendants' response shall be filed by October 25, 2019; and oral argument is scheduled for November 4, 2019 at 10:00 a.m. Counsel may appear in person or participate by telephone upon advance notice to chambers. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999#. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/1/19. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 470
TEXT ORDER : Oral Argument on #469 MOTION to Dismiss, MOTION to Change Venue by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. is set for 11/4/2019 at 10:00 AM before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/1/19. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 469
MOTION to Dismiss , MOTION to Change Venue by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 468
TEXT ORDER : At the parties' request, the October 1, 2019 status conference to discuss further proceedings in light of Judge Wolford's September 16, 2019 Decisions and Orders is re-set for October 2, 2019 at 3:00 pm. Counsel may participate in person or by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. On or before September 26, 2019 the parties may submit letters containing suggestions for further proceedings. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/18/19. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 467
TEXT ORDER: A status conference to discuss further proceedings in light of Judge Wolford's September 16, 2019 Decisions and Orders will be held before me on October 1, 2019 at 2:00 pm. Counsel may participate in person or by telephone. For those electing to participate by telephone, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. On or before September 26, 2019 the parties may submit letters containing suggestions for further proceedings. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/17/19. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 466
DECISION AND ORDER adopting Report and Recommendations #464 and denying without prejudice #448 Motion to Dismiss or to Change Venue. Signed by Hon. Elizabeth A. Wolford on 09/16/2019. (CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 465
DECISION AND ORDER denying (292) Motion for Summary Judgment and declining to adopt (320) Report and Recommendations in case 1:10-cv-00780-EAW-JJM; denying (399) Motion for Summary Judgment and declining to adopt (424) Report and Recommendations in case 1:10-cv-00781-EAW-JJM; denying (506) Motion for Summary Judgment and declining to adopt (536) Report and Recommendations in case 1:12-cv-00904-EAW-JJM; denying (335) Motion for Summary Judgment and declining to adopt (365) Report and Recommendations in case 1:13-cv-00892-EAW-JJM; denying (245) Motion for Summary Judgment and declining to adopt (272) Report and Recommendations in case 1:13-cv-01118-EAW-JJM. Signed by Hon. Elizabeth A. Wolford on 09/16/2019. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 464
REPORT AND RECOMMENDATION re #448 MOTION to Dismiss , MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation. Objections to R&R due by 9/3/2019. Signed by Hon. Jeremiah J. McCarthy on 8/20/19. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 463
REPLY/RESPONSE to re #462 Reply/Response filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 462
REPLY/RESPONSE to re #460 Notice (Other), Steuben Foods' Letter Brief submitted in Response to Defendants' Notice of Supplemental Authority, as authorized by Text Order 461 , filed by Steuben Foods, Inc.. (Stanganelli, Joseph)[Transferred from New York Western on 11/25/2019.]
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Filing 461
TEXT ORDER : Plaintiff may file a letter brief responding to defendants' supplemental authority #460 by July 23, 2019 and defendants may file a reply by July 26, 2019. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/16/19. (JDK) [Transferred from New York Western on 11/25/2019.]
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Filing 460
NOTICE by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. re #448 MOTION to Dismiss MOTION to Change Venue (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - Westech Aerosol Co. v. 3M Co.)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 459
NOTICE by Steuben Foods, Inc. re (567 in 1:12-cv-00904-EAW-JJM, 395 in 1:13-cv-00892-EAW-JJM, 348 in 1:10-cv-00780-EAW-JJM, 292 in 1:13-cv-01118-EAW-JJM, 453 in 1:10-cv-00781-EAW-JJM) Transcript,, PLAINTIFF'S NOTICE OF ERRATA - FEBRUARY 26, 2019 TRANSCRIPT Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 458
MEMORANDUM/BRIEF re 455 Order on Motion for Leave to File,, Shibuya and Hood's Brief addressing impact of PTAB decision dated May 8, 2019, on pending motions for summary judgment by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 457
MEMORANDUM/BRIEF re (294 in 1:13-cv-01118-EAW-JJM, 397 in 1:13-cv-00892-EAW-JJM, 455 in 1:10-cv-00781-EAW-JJM, 569 in 1:12-cv-00904-EAW-JJM, 350 in 1:10-cv-00780-EAW-JJM) Order on Motion for Leave to File,, PLAINTIFF STEUBEN FOODS, INC.'S SUPPLEMENTAL BRIEFING REGARDING IMPACT OF RECENT PTAB DECISION ON PLAINTIFF'S OBJECTIONS TO THE OCTOBER 1, 2018 REPORT AND RECOMMENDATION AND DEFENDANTS' RESPONSES THERETO; filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 456
TEXT ORDER. The Court has received a letter from counsel for defendants in Civil Action Nos. 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, and 1:13-cv-01118-EAW-JJM, asking the Court to modify its order permitting the parties to submit briefing addressing the impact of the Patent Trial and Appeal Board's decision dated May 8, 2019, on the pending motions for summary judgment to provide for sequential briefing rather than simultaneous briefing. As an initial matter, a letter request is not the proper procedure for seeking a substantive amendment to a court order. Moreover, the Court does not find that sequential briefing is necessary. The Court has allowed limited briefing on a discrete issue and sees no reason why the parties cannot set forth their respective positions simultaneously. Accordingly, the letter request for sequential briefing is denied. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/16/2019 (CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 455
TEXT ORDER granting (349) Motion for Leave to File in case 1:10-cv-00780-EAW-JJM; (454) Motion for Leave to File in case 1:10-cv-00781-EAW-JJM; (568) Motion for Leave to File in case 1:12-cv-00904-EAW-JJM; (396) Motion for Leave to File in case 1:13-cv-00892-EAW-JJM; (293) Motion for Leave to File in case 1:13-cv-01118-EAW-JJM. By no later than May 24, 2019, the parties may file briefs of no more than three pages addressing the impact of the Patent Trial and Appeal Board's decision dated May 8, 2019, on the pending motions for summary judgment. No response briefs will be permitted. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 05/14/2019. (CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 454
MOTION for Leave to File Briefing re Patent Office Decision by Steuben Foods, Inc.. (Attachments: #1 Exhibit A)Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 453
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Proceedings held on 2/26/2019, before Judge Elizabeth A. Wolford. Court Reporter/Transcriber Karen J. Bush, Contact Info 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/28/2019. Redacted Transcript Deadline set for 6/6/2019. Release of Transcript Restriction set for 8/5/2019. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KM) [Transferred from New York Western on 11/25/2019.]
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Filing 452
REPLY to Response to Motion re #448 MOTION to Dismiss MOTION to Change Venue filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 451
RESPONSE in Opposition re #448 MOTION to Dismiss MOTION to Change Venue filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 450
TEXT ORDER : As requested and agreed to by the parties, plaintiff's response to defendants' second renewed motion to dismiss or transfer venue #448 shall be filed by March 28, 2019, defendants' reply, if any, shall be filed by April 11, 2019, and oral argument will be scheduled if necessary, depending on District Judge Wolford's decision on the objections to my October 1, 2018 Report and Recommendation #424 . SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/6/19. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 448
MOTION to Dismiss , MOTION to Change Venue by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration of J.C. Rozendaal, #3 Exhibit 1, #4 Exhibit 2)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 449
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: APPEARANCES: Cook Alciati, Esq., Joseph L. Stanganelli, Esq., for Plaintiff; Gregory F. Ahrens, Esq. for Defendant Oystar; Will B. Wohlford, Esq. for defendant Kan-Pak; John Christopher Rozendaal, Esq., William D. Christ, Esq., Jean Paul Nagashima, Esq. for Defendants Shibuya and Hood; Benjamin L. Kiersz, Esq., William P. Atkins, Esq., Michael A. Brady, Esq. for Defendant GEA; Virginia L. Carron, Esq., Thomas H. Jenkins, Esq., Tyler M. Akagi, Esq., David Rothenberg, Esq. for defendant Nestle; Michael B. Hurd, Esq. for Defendant Jasper. Oral Argument on Steuben's objections held on 2/26/2019. Court reserves decision. (Court Reporter Karen Bush.) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM (DPS) [Transferred from New York Western on 11/25/2019.]
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Filing 447
NOTICE by Steuben Foods, Inc. re (434 in 1:10-cv-00781-EAW-JJM, 375 in 1:13-cv-00892-EAW-JJM, 329 in 1:10-cv-00780-EAW-JJM, 279 in 1:13-cv-01118-EAW-JJM, 548 in 1:12-cv-00904-EAW-JJM) Objection to Report and Recommendations, STEUBEN FOODS, INC.'S NOTICE OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Appendix [Supplemental Authority - CenTrak v. Sonitor])Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 446
NOTICE by Steuben Foods, Inc. of Withdrawal of Mark Eric Galvez as Counsel (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 445
Notice of Substitution of Counsel: W. Cook Alciati is substituted for Thomas J. Fisher. CLERK TO FOLLOW UP (Attachments: #1 Text of Proposed Order [Consent Order for Substitution of Counsel])(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 444
TEXT ORDER. Nestle, U.S.A.'s motion to file a combined sur-reply of no more than 10 pages by January 16, 2019 (Dkt. 385 in Case No. 1:13-cv-00892), is granted. Additionally, any other party that wishes to do so may file a combined sur-reply of no more than 10 pages by January 16, 2019. No additional briefing will be permitted prior to the oral argument set for February 26, 2019. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/04/2019. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 443
REPLY/RESPONSE to re (434 in 1:10-cv-00781-EAW-JJM, 375 in 1:13-cv-00892-EAW-JJM, 329 in 1:10-cv-00780-EAW-JJM, 279 in 1:13-cv-01118-EAW-JJM, 548 in 1:12-cv-00904-EAW-JJM) Objection to Report and Recommendations, [STEUBEN FOODS, INC.'S REPLY IN SUPPORT OF ITS OBJECTIONS TO THE OCTOBER 1, 2018 REPORT AND RECOMMENDATION) filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 442
REPLY/RESPONSE to re (436 in 1:10-cv-00781-EAW-JJM) Reply/Response, (549 in 1:12-cv-00904-EAW-JJM) Response in Opposition to Motion,, (376 in 1:13-cv-00892-EAW-JJM) Reply/Response filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 441
TEXT ORDER. Defendants Shibuya Hoppmann Corp., Shibuya Kogyo Co., Ltd., and HP Hood LLC's (collectively "Shibuya") request to file a reply in further support of Shibuya's objections to the October 1, 2018, Report and Recommendation (Dkt. 334 in Case No. 10-cv-780; Dkt. 440 in Case No. 10-cv-781; Dkt. 553 in Case No. 12-cv-904; Dkt. 381 in Case No. 13-cv-892; Dkt. 283 in Case No. 13-cv-1118) is granted. Shibuya shall file a combined reply of no more than 15 pages on or before December 21, 2018. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/11/2018. Signed by Hon. Elizabeth A. Wolford on 12/11/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 440
MOTION for Leave to File Reply in Support of Shibuya's Objections to Magistrate Judge's Report and Recommendation by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Text of Proposed Order)Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 439
TEXT ORDER. Steuben Foods, Inc.'s ("Steuben") request to file a reply to Defendants' responses to Steuben's objections to the October 1, 2018, Report and Recommendation (Dkt. 555 in Case No. 12-cv-904; Dkt. 379 in Case No. 13-cv-892) is granted. Steuben shall file a combined reply of no more than 15 pages on or before December 21, 2018. Oral argument on Steuben's objections is set for February 26, 2019, at 10:00 a.m. at the United States Courthouse, 100 State Street, Rochester, New York. Please note the location for this oral argument. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/06/2018. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 438
*DISREGARD, filed in wrong case* REPLY/RESPONSE to re (375 in 1:13-cv-00892-EAW-JJM) Objection to Report and Recommendations, filed by Jasper Products, LLC. Associated Cases: 1:13-cv-01118-EAW-JJM et al.(Hurd, Michael) Modified on 12/4/2018 (NRE). [Transferred from New York Western on 11/25/2019.]
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Filing 437
*DISREGARD, filed in wrong case* RESPONSE in Opposition re (536 in 1:12-cv-00904-EAW-JJM, 365 in 1:13-cv-00892-EAW-JJM, 320 in 1:10-cv-00780-EAW-JJM, 424 in 1:10-cv-00781-EAW-JJM, 272 in 1:13-cv-01118-EAW-JJM) REPORT AND RECOMMENDATIONS re (399 in 1:10-cv-00781-EAW-JJM) MOTION for Summary Judgment of Invalidity for Lack of Written Description filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation, (506 in 1:12-cv-00904-EA filed by GEA Process Engineering, Inc., GEA Procomac S.p.A.. Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Atkins, William) Modified on 12/4/2018 (NRE). [Transferred from New York Western on 11/25/2019.]
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Filing 436
REPLY/RESPONSE to re #435 Objection to Report and Recommendations [Steuben Foods' Response to Defendants' Objections], filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 435
OBJECTION to #424 Report and Recommendations by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 434
OBJECTION to (536 in 1:12-cv-00904-EAW-JJM, 365 in 1:13-cv-00892-EAW-JJM, 320 in 1:10-cv-00780-EAW-JJM, 424 in 1:10-cv-00781-EAW-JJM, 272 in 1:13-cv-01118-EAW-JJM) Report and Recommendations by Steuben Foods, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 433
OBJECTIONS to Magistrate Judge's Report and Recommendation filed by Consol Defendant HP Hood LLC, Defendants Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd... (Attachments: #1 Memorandum in Support of Objections to Magistrate Judge's Report and Recommendation)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 432
ORDER that the deadline for objections to the Report and Recommendation by all parties is extended until November 2 and the deadline for responses by all parties to any objections is extended until December 3. Signed by Hon. Elizabeth A. Wolford on 10/12/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 431
ORDER, granting extension of time to file Objections to Report and Recommendation ( Objections to R&R due by 11/2/2018; Response to Objections due by 12/3/18). Signed by Hon. Elizabeth A. Wolford on 10/11/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 430
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 4, 2018, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/26/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/3/2019. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 429
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. Signed by Hon. Jeremiah J. McCarthy on 10/4/18. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 428
TEXT ORDER : The deadline for objecting to this court's October 1, 2018 Report and Recommendation, as clarified at today's proceeding, is extended to October 18, 2018. Any request for a further extension of that deadline should be made to District Judge Wolford. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/4/18. Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 427
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 10/4/2018. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Cook Alciati, Charles Avigliano for Plaintiff; Brett A. Schatz, Gregory F. Ahrens for Defendant Oystar; Will B. Wohlford for defendant Kan-Pak; John Christopher Rozendaal, William D. Christ for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, Thomas Jenkins, Tyler Akagi for defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 426
Notice of Substitution of Counsel: J.C. Rozendaal (Sterne, Kessler, Goldstein & Fox P.L.L.C.) is substituted for J.C. Rozendaal (Kellogg, Huber, Hansen, Todd, Evans & Figel P.L.L.C.). CLERK TO FOLLOW UP (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 425
TEXT ORDER : A status conference is scheduled for October 4, 2018 at 11:00 AM. Objections to the Report and Recommendation filed on October 1, 2018 will be held in abeyance until after the conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/3/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 424
REPORT AND RECOMMENDATION re (399 in 1:10-cv-00781-EAW-JJM) MOTION for Summary Judgment of Invalidity for Lack of Written Description filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation, (506 in 1:12-cv-00904-EAW-JJM, 335 in 1:13-cv-00892-EAW-JJM, 245 in 1:13-cv-01118-EAW-JJM, 292 in 1:10-cv-00780-EAW-JJM) Joint MOTION Partial Summary Judgment for Lack of Written Description filed by Nestle, U.S.A. Objections to R&R due by 10/15/2018. Signed by Hon. Jeremiah J. McCarthy on 10/1/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 423
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY. Signed by Hon. Jeremiah J. McCarthy on 9/28/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ)-CLERK TO FOLLOW UP- [Transferred from New York Western on 11/25/2019.]
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Filing 422
Notice of Substitution of Counsel: Thomas Fisher, Cozen O'Connor is substituted for Thomas Fisher, Oblon. CLERK TO FOLLOW UP. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 421
NOTICE by Steuben Foods, Inc. of Change of Address and Firm Affiliation (of Thomas J. Fisher); Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 420
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 19, 2018, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/12/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/20/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 419
TEXT ORDER : In accordance with yesterday's oral argument, unless the parties jointly advise me on or before September 21, 2018 that additional submissions are unnecessary, letter briefs, not exceeding 5 pages, addressing any new issues and/or authorities discussed at the oral argument, may be filed by September 26, 2018 at 5:00 p.m., after which time defendants' motions for summary judgment and my Third Rule 56(f)(3) Notice will be taken under advisement. Responses to Steuben's motions for relief from the protective order (Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al.(12-cv-0904) 526 ) and to compel (Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892) 356 ) shall be filed by October 5, 2018, and Steuben's replies, if any, shall be filed by October 12, 2018, after which time these motions will be taken under advisement. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/20/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 418
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral argument on defense motions for partial summary judgment held on 9/19/2018. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Cook Alciati, Ryan Ganzenmuller, Charles Avigliano (via telephone) for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford for defendant Kan-Pak; John Christopher Rozendaal, William D. Christ for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, Thomas Jenkins (via telephone), Tyler Akagi (via telephone), Douglas Besman (via telephone), Michael Prewitt - In House Counsel for defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 417
REPLY/RESPONSE to re #412 Reply/Response, (Defendants' Reply to Steuben's Opposition to Court's Third Rule 56(f)(3) Notice) filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 416
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/6/2018, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/28/2018. Redacted Transcript Deadline set for 10/9/2018. Release of Transcript Restriction set for 12/6/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 415
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 9/6/2018 to discuss issues raised in correspondence dated August 30, 2018 and September 4, 2018. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Cook Alciati, Charles Avigliano for Plaintiff; Brett A. Schatz for Defendant Oystar; Ken Peterson for defendant Kan-Pak; John Christopher Rozendaal, William D. Christ for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, Thomas Jenkins, Tyler Akagi, Kevin Rodkey for defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) Modified on 9/7/2018 to add one party for Nestle (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 414
TEXT ORDER : A conference to address correspondence recently received by the court will be held on September 6, 2018 at 1:30 p.m. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/4/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 413
TEXT ORDER : Having reviewed Steuben's August 24, 2018 Memorandum of Law in Opposition to the Court's Third Rule 56(f)(3) Notice, I neither need nor want additional briefing from defendants on the question of whether the phrase "aseptically disinfecting" as used in the patents in suit can be validly applied (as opposed to construed) to cover the use of oxonia as the sterilant. Instead, defendants' reply (due on or before September 14, 2018) should be limited to addressing Steuben's alternative suggestion (at page 34 of its Memorandum) "that it would be appropriate to narrow the construction of 'aseptically disinfecting' to include only the use of hydrogen peroxide". Unless the parties agree that oral argument is not necessary, that argument will be held as previously scheduled on September 19, 2018 at 1:00 p.m. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/27/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 412
REPLY/RESPONSE to re (255 in 1:13-cv-01118-EAW-JJM, 347 in 1:13-cv-00892-EAW-JJM, 517 in 1:12-cv-00904-EAW-JJM, 408 in 1:10-cv-00781-EAW-JJM, 303 in 1:10-cv-00780-EAW-JJM) Order - Steuben Foods, Inc.'s Memorandum in Opposition to the Court's Third Rule 56(f)(3) Notice, filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 411
TEXT ORDER granting #410 MOTION for Leave to file Additional Pages for Response to Third Rule 56(f)(3) Notice. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/22/18. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 410
MOTION Leave for Additional Pages for Response to Third Rule 56(f)(3) Notice re (255 in 1:13-cv-01118-EAW-JJM, 347 in 1:13-cv-00892-EAW-JJM, 517 in 1:12-cv-00904-EAW-JJM, 408 in 1:10-cv-00781-EAW-JJM, 303 in 1:10-cv-00780-EAW-JJM) Order ; Letter Motion filed by Steuben Foods, Inc..Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 409
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 11, 2018, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of Transcript Restriction set for 10/15/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 408
THIRD RULE 56(f)(3) NOTICE. Signed by Hon. Jeremiah J. McCarthy on 7/11/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 407
DECISION AND ORDER REGARDING STEUBEN'S RULE 56(d) REQUEST #404 . Signed by Hon. Jeremiah J. McCarthy on 7/11/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 406
Letter from Thomas J. Fisher to Hon. Jeremiah J. McCarthy dated 7/10/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 405
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 7/11/2018. Order to follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Charles Avigliano for Plaintiff; Gregory Ahrens for Defendant Oystar; Will Wohlford for defendant Kan-Pak; John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, Thomas Jenkins, Tyler Akagi for defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 404
Motion for Discovery by Thomas J. Fisher re (399 in 1:10-cv-00781-EAW-JJM) MOTION for Summary Judgment of Invalidity for Lack of Written Description, (506 in 1:12-cv-00904-EAW-JJM, 292 in 1:10-cv-00780-EAW-JJM, 335 in 1:13-cv-00892-EAW-JJM, 245 in 1:13-cv-01118-EAW-JJM) Joint MOTION Partial Summary Judgment for Lack of Written Description filed by Steuben Foods, Inc. RULE 56(d) DECLARATION OF THOMAS J. FISHER [PUBLIC VERSION] filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit 1 [Filed Under Seal], #2 Exhibit 2, #3 Exhibit 3 [Redacted], #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 [Redacted], #7 Exhibit 7)Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) Modified on 7/11/2018 to change title of document (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 403
TEXT ORDER: By agreement of counsel, a teleconference to address Thomas Fisher's July 10, 2018 letter will be held on July 11, 2018 at 10:00 a.m. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/10/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 402
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6/7/18, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR-CRR, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/5/2018. Redacted Transcript Deadline set for 7/16/2018. Release of Transcript Restriction set for 9/12/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 401
TEXT ORDER : In accordance with today's proceeding, the motion for reconsideration 508 in Steuben Foods Inc. v. GEA Process Engineering, Inc., et al., 12-cv-904 is withdrawn, without prejudice to renewal. The parties in Steuben Foods, Inc. v. Shibuya Hoppmann Corp.,et al, 10-cv-781, shall confer and submit proposed mutually agreeable dates for a claim construction hearing for the claim terms associated with the '985 patent. Steuben's Fed. R. Civ. P. ("Rule") 56(d) application in response to the defendants' June 1, 2018 motions for partial summary judgment for lack of written description shall be filed by July 3, 2018. That application shall show "what facts are sought and how they are to be obtained, [and] how those facts are reasonably expected to create a genuine issue of material fact". Lunts v. Rochester City School District, 515 Fed. App'x 11, 13 (2d Cir. 2013) (Summary Order). See also Baron Services, Inc. v. Media Weather Innovations LLC, 717 F.3d 907, 912, n. 6 (Fed. Cir. 2013) ("[w]e apply the law of the regional circuit when reviewing the court's decision under Rule 56(d)"). Defendants' responses to Steuben's Rule 56(d) application shall be filed by July 20, 2018; Steuben's reply, if any, shall be filed by August 10, 2018; and oral argument is scheduled for August 15, 2018 at 2:00 p.m. For those electing to participate by telephone in the oral argument, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the argument. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/7/18. Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 400
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/7/2018. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Charles Avigliano (via telephone) for Plaintiff; Brett Schatz (via telephone) for Defendant Oystar; William Christ (via telephone), John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins (via telephone), Michael A. Brady for Defendant GEA; Virginia L. Carron (via telephone) for defendant Nestle; Michael B. Hurd (via telephone) for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 399
MOTION for Summary Judgment of Invalidity for Lack of Written Description by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Appendix)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 398
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/30/18, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR, RMR, CRR, CRI, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/29/2018. Redacted Transcript Deadline set for 6/7/2018. Release of Transcript Restriction set for 8/6/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 397
Letter filed by Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation, HP Hood LLC as to Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation addressed to the Hon. Elizabeth A. Wolford attaching a copy of the Federal Circuit Order. (Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 396
Letter filed by Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation, HP Hood LLC as to Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation, HP Hood LLC as to Federal Circuit Order. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00211-EAW-JJM(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 395
TEXT ORDER : In accordance with today's conference, defendants' motions for summary judgment based upon invalidity for insufficient written description, including supporting expert affidavits (or declarations), if any, shall be filed by June 1, 2018. To the extent possible, the motions shall be filed as a joint motion. A conference to set a briefing schedule for those motions will be held on June 7, 2018 at 11:00 a.m. Steuben may proceed with its efforts to enforce the third-party subpoenas outlined in its April 26, 2018 letter subject to the right of the third-parties (or any other party) to challenge those efforts in this court or the Southern District of New York. Counsel may appear in person or participate by telephone in the June 7, 2018 conference. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/30/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 394
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 4/30/2018. Discussion regarding recent Decision and Order filed and letter received from Mr. Fisher dated 4/26/2018. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett Schatz (via telephone) for Defendant Oystar; William Christ (via telephone), John Christopher Rozendaal (via telephone), Bryon Picard (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), Wlliam P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone), Thomas Jenkins (via telephone) for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 393
TEXT ORDER : Counsel may appear in person or participate by telephone in the conference scheduled for April 30, 2018 at 2:00 p.m. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/23/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : Status Conference set for 4/30/2018 at 02:00 PM before Hon. Jeremiah J. McCarthy. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 392
DECISION AND ORDER. Signed by Hon. Jeremiah J. McCarthy on 4/20/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 391
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/10/2018, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/2/2018. Redacted Transcript Deadline set for 5/14/2018. Release of Transcript Restriction set for 7/10/2018. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 390
TEXT ORDER: The briefing schedule discussed at the conclusion of yesterday's conference is rescinded, pending further order of the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/11/18. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 389
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 4/10/2018. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett Schatz (via telephone), Gregory Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for defendant Ken-Pak; William Christ (via telephone), John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), Wlliam P. Atkins for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt (via telephone) - In House Counsel for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : Status Conference set for 4/10/2018 at 2:00 PM. For those electing to participate by telephone, the court has arranged a dial-in teleconference. To access the teleconference, the parties shall dial (703) 724-3100, enter access code 4100030#, and then pin 9999# sufficiently in advance of the conference. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 388
SECOND RULE 56(F)(3)NOTICE. Signed by Hon. Jeremiah J. McCarthy on 4/3/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 387
NOTICE of Change of Address by Jean Paul Y. Nagashima (Nagashima, Jean Paul) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : Status Conference set for 4/10/2018 at 02:00 PM before Hon. Jeremiah J. McCarthy. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 386
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 23, 2018, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/16/2018. Redacted Transcript Deadline set for 4/26/2018. Release of Transcript Restriction set for 6/25/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 385
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 3/23/2018 regarding Rule 56(f)(3) and possible additional submissions or rulings. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Charles Avigliano for Plaintiff; Gregory Ahrens for Defendant Oystar; Ken M. Peterson for Defendant Ken-Pak; Bryon Pickard, William Christ for Defendants Shibuya and Hood; Wlliam P. Atkins for Defendant GEA; Virginia L. Carron, Tyler M. Akagi for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) (DAZ) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 384
TEXT ORDER : Status Conference set for 3/23/2018 at 11:00 AM before Hon. Jeremiah J. McCarthy regarding additional briefing relating to Rule 56(f)(3) Notice. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/21/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 383
REPLY/RESPONSE to re (228 in 1:13-cv-01118-EAW-JJM, 275 in 1:10-cv-00780-EAW-JJM, 486 in 1:12-cv-00904-EAW-JJM, 318 in 1:13-cv-00892-EAW-JJM, 376 in 1:10-cv-00781-EAW-JJM) Notice (Other) filed by Steuben Foods, Inc.. (Attachments: #1 Statement of Undisputed Facts - Steuben's Response to the Rule 56(f)(3) Notices Proposed Statement of Undisputed Facts, #2 Declaration Rule 56(d) Declaration of Thomas J. Fisher)Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 382
MEMORANDUM IN SUPPORT re (318 in 1:13-cv-00892-EAW-JJM) Notice (Other) Rule 56(f)(3) byJasper Products, LLC. Associated Cases: 1:13-cv-01118-EAW-JJM et al.(Hurd, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 381
TEXT ORDER : As previously directed, on or before March 20, 2018 the parties may file submissions of reasonable length (without page limitations), addressing the tentative conclusions of the court's Rule 56(f)(3) Notice dated February 13, 2018. If a party elects not to file a submission, that is its prerogative. Upon review of those submissions, I will decide whether replies and/or oral argument will be allowed. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/16/18. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 380
ORDER that the Court overrules Defendants' objections to the #371 Report and Recommendation and adopts the findings and recommendations and that the #340 Motion to Dismiss and Motion to Change Venue is Denied without prejudice to renewal upon completion of claim construction. Signed by Hon. Elizabeth A. Wolford on 3/15/18. (SG) [Transferred from New York Western on 11/25/2019.]
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Filing 379
REPLY/RESPONSE to re #372 Appeal of Magistrate Judge Decision to District Court, #378 Reply/Response, filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 378
REPLY/RESPONSE to re #372 Appeal of Magistrate Judge Decision to District Court, [Steuben Foods, Inc.'s Response to Defendants' Objections to the Report and Recommendation dated January 16, 2018 #371 ], filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 377
TEXT ORDER : The deadline for responding to my February 13, 2018 Rule 56(f)(3) Notice is extended to and including March 20, 2018. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/15/18. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 376
RULE 56(f)(3) NOTICE. Signed by Hon. Jeremiah J. McCarthy on 2/13/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 375
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Markman Hearing held on January 31, 2018, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Ann M. Sawyer, Telephone number 716-207-0550. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/28/2018. Redacted Transcript Deadline set for 3/12/2018. Release of Transcript Restriction set for 5/8/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 374
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Markman Hearing held on 1/31/2018. Court Exhibits 1, 2, and 3 marked. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Charles Avigliano, Siddarth E. Fernandes, Ryan G. Ganzenmuller for Plaintiff; Brett Schatz, Gregory Ahrens for Defendant Oystar; Ken M. Peterson for Defendant Ken-Pak; Bryon Pickard, William Christ, John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, Wlliam P. Atkins, Brian Castro for Defendant GEA; Virginia L. Carron, Tyler M. Akagi, Thomas H. Jenkins, Kevin Rodkey, Doug Besman for Defendant Nestle; Nestle Witnesses present but not called Dr. Bruce Cords, Keith Ito; Michael Prewitt - In House Counsel for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM (DAZ) (Court Reporter Ann M. Sawyer - Ann_Sawyer@nywd.uscourts.gov). [Transferred from New York Western on 11/25/2019.]
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Filing 373
TEXT ORDER regarding #372 Appeal of Magistrate Judge Decision. Response is due on or before 2/27/18. Replies are due on or before 3/13/18. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, notify the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 1/30/18. (ZML) [Transferred from New York Western on 11/25/2019.]
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Filing 372
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. re #371 REPORT AND RECOMMENDATIONS re #340 MOTION to Dismiss MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation Objections due fourteen days from receipt. (Attachments: #1 Memorandum in Support)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 371
REPORT AND RECOMMENDATION re #340 MOTION to Dismiss , MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation. Objections to R&R due by 1/30/2018. Signed by Hon. Jeremiah J. McCarthy on 1/16/18. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 370
REPLY/RESPONSE to re #366 Memorandum in Opposition to Motion, filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 369
REPLY/RESPONSE to re #367 Memorandum/Brief of Defendants In Response to the Court's November 20, 2017, Order (Dkt. 362); filed by Steuben Foods, Inc.. (Attachments: #1 Declaration of Joseph L. Stanganelli (Supplemental), #2 Exhibit 4, #3 Exhibit 5)(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 368
TEXT ORDER : At the request of counsel, the December 21, 2017 conference is cancelled. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/15/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 367
MEMORANDUM/BRIEF re 362 Order,, by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 366
MEMORANDUM in Opposition re #340 MOTION to Dismiss MOTION to Change Venue - Supplemental Brief Addressing the Effect of In re Micron Tech., Inc. On Defendants' Motion #340 to Dismiss or Transfer Due to Improper Venue, filed by Steuben Foods, Inc.. (Attachments: #1 Declaration of Joseph L. Stanganelli, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 365
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 30, 2017, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/26/2017. Redacted Transcript Deadline set for 1/5/2018. Release of Transcript Restriction set for 3/5/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 364
TEXT ORDER : In accordance with today's proceeding, the Markman hearing will commence on January 31, 2018 at 9:00 a.m., and continue for the balance of the day, if necessary. The hearing will be limited to the claim term "aseptically disinfecting". By December 15, 2017 the parties shall submit either a letter identifying the specific portions of the Markman briefs addressing the claim term "aseptically disinfecting" and any related technology background, or a compilation of the relevant materials. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/30/17. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 363
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference to discuss upcoming Markman hearing set for January 31, 2018 held on 11/30/2017. Text order to follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Charles Avigliano (via telephone), In-House Counsel Cook Alciati (via telephone) for Plaintiff; Brett Schatz (via telephone), Gregory Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; John Christopher Rozendaal (via telephone), William D. Christ (via telephone), Bryon Pickard (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt (via telephone) - In House Counsel for Defendant Nestle; Michael Brady, Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 362
TEXT ORDER : As agreed to by the parties, simultaneous briefs of up to 10 pages addressing In re: Micron Technology, Inc., ___F.3d___, 2017 WL 5474215 (Fed. Cir. 2017) shall be filed by December 7, 2017, and responsive briefs of up to 10 pages shall be filed by December 21, 2017, after which time defendants' renewed motion to dismiss or to transfer due to improper venue #340 will be taken under advisement without oral argument unless requested by one of the parties or deemed necessary by the court. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/20/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 361
TEXT ORDER: This court's October 19, 2017 Report and Recommendation #353 is hereby vacated, pending reconsideration in light of yesterday's Federal Circuit decision in In re: Micron Technology, Inc., ___F.3d___, 2017 WL 5474215. A briefing schedule for reconsideration will follow. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/16/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 360
DECLARATION re #333 Reply/Response,,,,, filed by Steuben Foods, Inc. -- Public version of [333-4] - Declaration of Dr. Sudhir K. Sastry [REDACTED] in support of Steuben Foods' Markman Brief in Reply to Shibuya and Hoods Responding Markman Submission #333 ; filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 359
DECLARATION re #333 Reply/Response,,,,, filed by Steuben Foods, Inc. - Public version of [333-3] - Second Declaration of Dr. Cullen Buie in support of Steuben Foods' Markman Brief in Reply to Shibuya and Hoods Responding Markman Submission #333 ; filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 358
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 6, 2017, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/30/2017. Redacted Transcript Deadline set for 12/11/2017. Release of Transcript Restriction set for 2/7/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 357
TEXT ORDER : In accordance with yesterday's conference, Steuben's motions for leave to submit a response to the defendants' sur-reply Markman briefs in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904) #459 and Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-892) #296 are resolved, without determination of whether defendants' sur-reply Markman briefs raise new arguments, on the following conditions: By November 14, 2017 Steuben shall file its responses to defendants' sur-reply Markman briefs not exceeding 10 pages (excluding the title page and table of contents), and defendants' replies, if any, not exceeding 10 pages (excluding the title page and table of contents) shall be filed by November 28, 2017. Defendants' motion for protection #443 in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904) is denied as moot based on Steuben's representation that materials designated as Highly Confidential will not be shared with Dr. Sastry. Steuben's motion to compel an answer to Interrogatory No. 12 #458 in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904), which was not resolved at yesterday's proceeding, is under advisement. By November 15, 2017 the parties shall provide their availability in January 2018 for the claim construction hearing and possible technology tutorial and indicate whether they have any objection to the court initially construing the term "aseptically disinfecting" before proceeding to the other claim terms. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/7/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 356
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference re discovery issues and Oral Argument on GEA motions [443, 458, 459] and Nestle motion #296 held on 11/6/2017. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Charles Avigliano (via telephone), for Plaintiff; Brett Schatz (via telephone), Gregory Ahrens (via telephone) for Defendant Oystar; Ken Peterson (via telephone) for Defendant Ken-Pak; John Christopher Rozendaal, Bryon Pickard (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, Michael A. Brady for Defendant GEA, Brian Castro, General Counsel of GEA (via telephone); Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt (via telephone) - In House Counsel for Defendant Nestle; Michael Brady, Michael B. Hurd (via telephone) for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 355
TEXT ORDER regarding #354 Appeal of Magistrate Judge Decision. Response is due on or before 11/28/17. Reply is due on or before 12/12/17. Upon receipt of all papers, the Court will determine if oral argument is necessary, and, if so, inform the parties of the date and time. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 11/2/17. (ZML) [Transferred from New York Western on 11/25/2019.]
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Filing 354
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. re #353 REPORT AND RECOMMENDATIONS re #340 MOTION to Dismiss MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation Objections due fourteen days from receipt. (Attachments: #1 Memorandum in Support)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 353
REPORT AND RECOMMENDATION re #340 MOTION to Dismiss , MOTION to Change Venue filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation. Objections to R&R due by 11/2/2017. Signed by Hon. Jeremiah J. McCarthy on 10/19/17. (DAZ) Modified on 11/16/2017 (NRE). [Transferred from New York Western on 11/25/2019.]
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Filing 352
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/28/2017, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/26/2017. Redacted Transcript Deadline set for 11/6/2017. Release of Transcript Restriction set for 1/3/2018. (NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 351
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 9/28/17, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR-CRR, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/23/2017. Redacted Transcript Deadline set for 11/2/2017. Release of Transcript Restriction set for 1/2/2018. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 350
TEXT ORDER : In accordance with today's proceeding, the October 26, 2017 joint status conference and oral argument of defendants' motion for protection #443 in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904) is adjourned to November 6, 2017 at 2:00 p.m. The parties in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904) shall continue to confer in an effort to resolve (or narrow) GEA's objections to Steuben's proposed Interrogatory No. 12. If the parties are unable to reach agreement on that issue, Steuben's motion for appropriate relief shall be filed by October 13, 2017. By that date, Steuben may also file its motion for leave to file a sur-surreply Markman brief. Responses to both motions shall be filed by October 27, 2017; Steuben's replies, if any, shall be filed by November 1, 2017; and oral argument of both motions will occur at the conclusion on the November 6, 2017 joint status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/28/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 349
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument on Motion to Dismiss, Motion to Change Venue #340 held on 9/28/2017. Report and Recommendation in due course. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), for Plaintiff; William Christ, John Christopher Rozendaal, Bryon Pickard (via telephone) for Defendants Shibuya and Hood. (FTR GOLD) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 348
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/28/2017 to address discovery issues. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), for Plaintiff; Brett Schatz (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak;, William Christ, John Christopher Rozendaal, Bryon Pickard (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt (via telephone) - In House Counsel for Defendant Nestle; Michael Brady, Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 347
NOTICE by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. re #340 MOTION to Dismiss MOTION to Change Venue (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - In re Cray)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 346
REPLY/RESPONSE to re #333 Reply/Response,,,,, Steuben's Markman Reply filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Declaration In Support of Shibuya and Hood's Surreply on Claim Construction, #2 Errata 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Declaration of Kenneth R. Swartzel, Ph.D., #10 Exhibit 1 of Swartzel Declaration)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 345
REPLY to Response to Motion re #340 MOTION to Dismiss MOTION to Change Venue filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 344
TEXT ORDER : At the request of counsel, the September 7, 2017 conference is cancelled. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/30/17. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 343
MEMORANDUM in Opposition re #340 MOTION to Dismiss MOTION to Change Venue ; filed by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Joseph L. Stanganelli, #2 Exhibit A (Sec. 1391 (1988 ed.)), #3 Exhibit B (Sec. 1391 (1952 ed.)))(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 342
TEXT ORDER: As agreed to by the parties, Steuben Foods, Inc.'s response to defendants' motion to dismiss or transfer venue #340 shall be filed by August 18, 2017, defendants' reply, if any, shall be filed by September 12, 2017, and oral argument of the motion will occur at the conclusion of the September 28, 2017 joint status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/18/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 341
TEXT ORDER : As agreed to by the parties, the July 27, 2017 status conference is cancelled, and the August 31, 2017 status conference is rescheduled to September 7, 2017 at 1:00 p.m. The deadline for defendants' sur-reply Markman briefs is extended from September 1, 2017 to September 22, 2017, and the July 14, 2017 deadline for the completion of claim construction discovery will be held in abeyance pending the September 7, 2017 status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/18/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 340
MOTION to Dismiss , MOTION to Change Venue by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Declaration of J.C. Rozendaal, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 339
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 29, 2017, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/27/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/4/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 338
TEXT ORDER : In accordance with today's conference, the page limitation for defendants' sur-reply Markman briefs is extended to 65 pages in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904) and to 80 pages in Steuben Foods, Inc. v. Nestle, U.S.A.(13-cv-892). The parties shall continue with scheduling and conducting the depositions of Steuben's experts, mindful that "I expect the parties to coordinate their efforts - for example, in scheduling depositions of witnesses common to the various cases, and in avoiding repetitive and cumulative questioning of a particular witness". December 21, 2015 Decision and Order, p. 2. Depending on the progress made in completing those depositions, the deadline for defendants' sur-reply Markman briefs may be extended. That issue, as well as setting a new deadline for completion of claim construction discovery and setting a briefing schedule on defendants' motion for protection #443 in Steuben Foods, Inc. v. GEA Process Engineering, et al. (12-cv-00904), will be addressed at the July 27, 2017 status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/29/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 337
TEXT ORDER : The motion of Byron L. Pickard, Esq. for pro hac vice admission #335 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/29/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 336
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/29/2017 to address discovery issues. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), Seth Skiles (via telephone) for Plaintiff; Brett Schatz (via telephone), Gregory Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; Bryon Pickard (via telephone), William Christ (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt (via telephone) - In House Counsel for Defendant Nestle; Michael Brady, Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 335
MOTION to appear pro hac vice Byron L. Pickard, Esq. ( Filing fee $ 150 receipt number 0209-2822973.) by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Petition of Byron L. Pickard, Esq., #2 Exhibit 1 Pickard Petition (Attorney Oath), #3 Exhibit 2 Pickard Petition (Civility Oath), #4 Affidavit William D. Christ, Esq. in support of Peittion for PHV B. Pickard, #5 Exhibit A Christ Affidavit (ECF Registration), #6 Exhibit B Christ Affidavit (Attorney Database Form))(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 333
REPLY/RESPONSE to re #318 Memorandum/Brief,, #308 Memorandum in Support,,, #319 Memorandum/Brief, Steuben Foods, Inc.'s Markman Brief in Reply to Shibuya/Hood, with Declarations and Exhibits (Exhibits SF45, SF46, SF47 and SF50 FILED UNDER SEAL/slip sheets]; filed by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Dr. Andre Sharon, #2 Affidavit Declaration of Dr. Cullen Buie, #3 Affidavit Second Declaration of Dr. Cullen Buie [slip sheet/FILED UNDER SEAL], #4 Affidavit Declaration of Dr. Sudhir K. Sastry [slip sheet/FILED UNDER SEAL], #5 Affidavit Declaration of Thomas J. Fisher In Support of Reply to Shibuya/Hood, #6 Exhibit SF5, #7 Exhibit SF6, #8 Exhibit SF7, #9 Exhibit SF8, #10 Exhibit SF14, #11 Exhibit SF17, #12 Exhibit SF19, #13 Exhibit SF21, #14 Exhibit SF22, #15 Exhibit SF23, #16 Exhibit SF24, #17 Exhibit SF26, #18 Exhibit SF27, #19 Exhibit SF28, #20 Exhibit SF29, #21 Exhibit SF30, #22 Exhibit SF31, #23 Exhibit SF32, #24 Exhibit SF33, #25 Exhibit SF34, #26 Exhibit SF35, #27 Exhibit SF36, #28 Exhibit SF37, #29 Exhibit SF38, #30 Exhibit SF39, #31 Exhibit SF40, #32 Exhibit SF41, #33 Exhibit SF42, #34 Exhibit SF44, #35 Exhibit SF45, #36 Exhibit SF46, #37 Exhibit SF47, #38 Exhibit SF50, #39 Exhibit SF59, #40 Exhibit SF60, #41 Exhibit SF62, #42 Exhibit SF63)(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 332
DECISION AND ORDER REGARDING STEUBEN'S EXPERT DESIGNATION. Signed by Hon. Jeremiah J. McCarthy on 6/6/17. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 331
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 25, 2017, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/16/2017. Redacted Transcript Deadline set for 6/26/2017. Release of Transcript Restriction set for 8/24/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 330
TEXT ORDER : By May 31, 2017 Steuben Foods, Inc. shall submit the declaration of its proposed additional expert, along with an accompanying letter brief explaining why it should be permitted to rely on that expert. Defendants may respond by June 5, 2017, after which time this issue will be taken under advisement. A decision will be rendered in advance of the deadline for Steuben's reply Markman brief, which is extended to June 16, 2017. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/25/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 329
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 5/25/2017 to address discovery issues. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone) for Plaintiff; Paul Linden (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; John Christopher Rozendaal (via telephone), William Christ (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Prewitt - In House Counsel for Defendant Nestle; Michael Brady, Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 328
TEXT ORDER : The motion of Jean Paul Y. Nagashima, Esq., for pro hac vice admission #326 , as supplemented #327 , is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/24/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 327
CONTINUATION OF EXHIBITS by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. to #326 MOTION to appear pro hac vice John Paul Y. Nagashima ( Filing fee $ 150 receipt number 0209-2791577.) Sponsoring Affidavit of William D. Christ, Esq. in Support of Nagashima PHV Motion filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 326
MOTION to appear pro hac vice John Paul Y. Nagashima ( Filing fee $ 150 receipt number 0209-2791577.) by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Affidavit /Petition of John Paul Y. Nagashima for Admission Pro Hac Vice, #2 Exhibit 1 to Nagashima Affidavit (Atty Oath), #3 Exhibit 2 to Nagashima Affidavit (Civil Oath), #4 Declaration of William D. Christ in Support of Admission Pro Hac Vice, #5 Exhibit A to Christ Decl (ECF Registration), #6 Exhibit B to Christ Decl (Atty Database Info))(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 325
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 4/27/2017, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 5/22/2017. Redacted Transcript Deadline set for 6/1/2017. Release of Transcript Restriction set for 7/31/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 324
TEXT ORDER : In accordance with yesterday's status conference, counsel agree that a stipulation will be filed memorializing their agreement that Judge Wolford's March 17, 2017 Decision and Order in Steuben Foods, Inc. v. GEA Process Engineering, et al., No. 1:12-cv-00904 #432 , granting the GEA defendants' amended motion for summary judgment #300 directed at the GEMU valve of the '591 patent, will apply to any other defendant that uses that valve. Counsel also agree that the page limit for the parties' reply/sur-reply briefs in all cases other than Steuben Foods, Inc. v. Jasper Products, LLC, No. 1:13-cv-01118 is extended to 45 pages, and that the page limit for the parties' reply/sur-reply briefs in Jasper is extended to 15 pages. The deadline for Steuben's reply briefs, which shall include its response to defendants' indefiniteness arguments, is extended to June 5, 2017, and the deadline for defendants' sur-reply briefs is extended to September 1, 2017. Absent further order of the court, all other remaining deadlines of the Sixth Amended Case Management Order, including the July 14, 2017 deadline for completion of claim construction discovery, remain in effect. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/28/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 323
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 4/27/2017 to address discovery issues. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins and Michael A. Brady for Defendant GEA; Virginia L. Carron (via telephone), Tyler M. Akagi (via telephone) for Defendant Nestle; Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 322
DECISION AND ORDER denying #260 Appeal of Magistrate Judge Decision to District Court, filed by HP Hood LLC, Shibuya Kogyo Co., Ltd., Shibuya Hoppmann Corporation. Signed by Hon. Elizabeth A. Wolford on 04/25/2017. (LMD) [Transferred from New York Western on 11/25/2019.]
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Filing 321
SIXTH AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 3/14/17. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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*** MOTIONS TERMINATED *** (248) Motion to Amend or Correct in case 1:10-cv-00780-EAW-JJM; granting (320) Motion to Amend or Correct in case 1:10-cv-00781-EAW-JJM; granting (430) Motion to Amend or Correct in case 1:12-cv-00904-EAW-JJM; granting (274) Motion to Amend or Correct in case 1:13-cv-00892-EAW-JJM; granting (197) Motion to Amend or Correct in case 1:13-cv-01118-EAW-JJM granted. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : The March 23, 2017 Status Conference is cancelled. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 320
Joint MOTION to Amend/Extend the Fifth Amended Case Management Order Deadlines (Thomas J. Fisher, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy). Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 319
MEMORANDUM/BRIEF re (238 in 1:10-cv-00780-EAW-JJM, 185 in 1:13-cv-01118-EAW-JJM, 417 in 1:12-cv-00904-EAW-JJM, 264 in 1:13-cv-00892-EAW-JJM, 308 in 1:10-cv-00781-EAW-JJM, 172 in 1:12-cv-00211-EAW-JJM) Memorandum in Support,,, Jasper's Markman Submission in Response to Steubens Opening Markman Submission by Jasper Products, LLC. Associated Cases: 1:13-cv-01118-EAW-JJM et al.(Hurd, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 318
MEMORANDUM/BRIEF Opening Claim Construction by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Affidavit Declaration of J.C. Rozendaal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #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)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 317
NOTICE by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. Notice of Withdrawal (Rudofsky, Benjamin) [Transferred from New York Western on 11/25/2019.]
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Filing 316
NOTICE by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. Notice of Withdrawal (Rudofsky, Benjamin) [Transferred from New York Western on 11/25/2019.]
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*** MOTIONS TERMINATED *** (292) Motion in case 1:10-cv-00781-EAW-JJM; 249 Motion in case 1:13-cv-00892-EAW-JJM withdrawn. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 315
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 23, 2017, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/20/2017. Redacted Transcript Deadline set for 3/30/2017. Release of Transcript Restriction set for 5/30/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 314
TEXT ORDER : Based upon the agreement reached between the parties and placed on the record at yesterday's proceeding, plaintiff's motions to strike defendants' invalidity contentions in Steuben Foods, Inc. v. Shibuya Hoppmann Corporation and HP Hood LLC (10-cv-781) #292 and Steuben Foods, Inc. v. Nestle, U.S.A.(13-cv-892) 249 are withdrawn in their entirety. Plaintiff has also agreed to withdraw its motions to strike in Steuben Foods, Inc. v. GEA Process Engineering, Inc., et al. (12-cv-904) 403 , Steuben Foods, Inc. v. Oystar USA, Inc. (10-cv-780) 223 , and Steuben Foods, Inc. v. Jasper Products, LLC (13-cv-1118) 170 , except to the extent that the motions seek to strike defendants contention that the "measuring device" claim terms in claim 40 of the 188 patent and claim 3 of the 468 patent should be governed by 35 U.S.C. 112, 6. The parties shall continue their discussions to resolve this portion of the motions and plaintiff shall advise me if they are withdrawn by February 28, 2017, failing which the remaining portions of the motions will be taken under advisement without further oral argument. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/24/17. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 313
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 2/23/2017 to update the Court as to whether the parties were able to resolve (or narrow) plaintiff's motion to strike. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Seth Skiles, Charles Avigliano for Plaintiff; Gregory F. Ahrens for Defendant Oystar; Will B. Wohlford for Defendant Ken-Pak; William Christ and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi for Defendant Nestle; Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 312
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 13, 2017, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/7/2017. Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction set for 5/15/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 311
TEXT ORDER: In accordance with today's oral argument, by February 15, 2017 the parties may submit letter briefs addressing the page limitation for defendants' claim construction briefs and I will inform the parties of my decision on that issue by February 17, 2017. The parties shall also confer in an effort to resolve (or narrow) plaintiff's motion to strike and advise me what portions of that motion, if any, remain by the February 23, 2017 conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/13/17. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 310
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 2/13/2017 re plaintiff's motion to strike. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), Charles Avigliano (via telephone) for Plaintiff; Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone), In-house counsel Michael Prewitt (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 309
DECISION AND ORDER RE Defendants' motions to amend their final invalidity contentions. Signed by Hon. Jeremiah J. McCarthy on 2/10/17. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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*** MOTION TERMINATED ***denying #263 Motion to Amend or Correct. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 308
MEMORANDUM IN SUPPORT re (165 in 1:13-cv-01118-EAW-JJM, 286 in 1:10-cv-00781-EAW-JJM, 244 in 1:13-cv-00892-EAW-JJM, 218 in 1:10-cv-00780-EAW-JJM, 398 in 1:12-cv-00904-EAW-JJM) Scheduling Order,, Steuben's Opening Markman Submission; filed bySteuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Thomas J. Fisher, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U)Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Fisher, Thomas) [Transferred from New York Western on 11/25/2019.]
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Filing 307
REPLY/RESPONSE to re (292 in 1:10-cv-00781-EAW-JJM, 249 in 1:13-cv-00892-EAW-JJM, 403 in 1:12-cv-00904-EAW-JJM, 169 in 1:12-cv-00211-EAW-JJM, 170 in 1:13-cv-01118-EAW-JJM, 223 in 1:10-cv-00780-EAW-JJM) MOTION to Strike Defendants' New Contentions Not Identified In Their L. Pat. R. 3.7 Final Invalidity Contentions ; filed in Reply to Defendants' respective Oppositions; filed by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Joseph L. Stanganelli, #2 Exhibit F, #3 Exhibit G)Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 306
PROTECTIVE ORDER. Signed by Hon. Jeremiah J. McCarthy on 2/1/17. Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 305
TEXT ORDER: Before me is the motion of non-party JBT ICS Solutions U.S., Inc. ("JBT") for a protective order allowing it "to continue to designate documents containing its or its customer information as 'Attorneys' Eyes Only' and to redact pricing information, whether these documents are produced by JBT or any other party to this litigation" #267 . The relief which JBT requests is merely a confirmation of the informal practice engaged in between the parties and JBT or its predecessor, Stork Food & Dairy Systems, B.V., since 2014. As it has done in the past, JBT is willing to negotiate with any of the parties concerning removal of the "Attorney's Eyes Only" designation as to particular documents, stating that "there is no reason that the parties cannot proceed in this manner going forward, involving the Court only in the unlikely event that there is disagreement as to particular designations". JBT's Memorandum of Law [267-1], pp. 7-8. "The grant or denial of a protective order lies within the sound discretion of the district court." Dove v. Atlantic Capital Corp., 963 F.2d 15, 20 (2d Cir. 1992). For these reasons, in the exercise of this courts discretion, JBT's motion #267 is granted, and a separate protective order will be docketed. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/1/17. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 304
Plaintiff's response to GEA's post-argument letter submission addressing defendants' motion to amend their final invalidity contentions. (Filed with permission of Hon. Jeremiah J. McCarthy). Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 302
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/19/2017, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/13/2017. Redacted Transcript Deadline set for 2/23/2017. Release of Transcript Restriction set for 4/24/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(NRE) (Main Document 302 replaced on 1/23/2017) (NRE). [Transferred from New York Western on 11/25/2019.]
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Filing 303
GEA's post-argument letter submission addressing defendant's motion to amend their final invalidity contentions (Filed with permission of Hon. Jeremiah J. McCarthy). (Attachments: #1 Exhibit A, #2 Exhibit B) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 301
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference/Oral Argument held on 1/19/2017. Review of correspondence recently received re discovery issues and continuation of oral argument on defendants' joint motion for leave to amend their final invalidity contentions. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett A. Schatz (via telephone) for Defendant Oystar; Ken Peterson (via telephone) for Defendant Ken-Pak; William Christ (via telephone), John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 300
RESPONSE in Opposition re #292 MOTION to Strike Defendants' New Contentions Not Identified In Their L. Pat. R. 3.7 Final Invalidity Contentions ; filed filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Declaration of J.C. Rozendaal, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 299
NOTICE of Change of Address by John Christopher Rozendaal (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 298
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12/19/16, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR-CRR, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/18/2017. Redacted Transcript Deadline set for 1/30/2017. Release of Transcript Restriction set for 3/28/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 296
REPLY/RESPONSE to re (283 in 1:10-cv-00781-EAW-JJM, 162 in 1:13-cv-01118-EAW-JJM, 393 in 1:12-cv-00904-EAW-JJM, 215 in 1:10-cv-00780-EAW-JJM, 241 in 1:13-cv-00892-EAW-JJM, 166 in 1:12-cv-00211-EAW-JJM) Reply to Response to Motion, STEUBEN FOODS, INC.'S SUR-REPLY IN OPPOSITION TO DEFENDANTS' MOTION FOR LEAVE TO AMEND FINAL INVALIDITY CONTENTIONS, filed by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Joseph L. Stanganelli, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F (Submitted Under Seal), #8 Exhibit G, #9 Exhibit H, #10 Exhibit I (Submitted Under Seal))Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 295
TEXT ORDER : In accordance with today's joint status conference: 1) Additional monthly joint status conferences are scheduled for 1:00 p.m. on each of the following days: March 23, 2017, April 27, 2017, May 25, 2017, June 29, 2017, July 27, 2017, August 31, 2017, September 28, 2017, October 26, 2017, November 30, 2017, and December 21, 2017; 2) To the extent possible, defendants shall coordinate their claim construction briefing to prevent redundancies. The parties' opening claim construction briefs may be up to 60 pages and reply briefs may be up to 30 pages; 3) defendants' responses to plaintiff's motion to strike shall be filed by January 18, 2017; plaintiff's reply, if any, shall be filed by February 1, 2017; and oral argument of the motion is scheduled for February 13, 2017 at 2:00 p.m. Counsel may appear in person or participate in the February 13, 2017 oral argument by telephone; and 4) plaintiff's sur-reply in further opposition to defendants' joint motion for leave to amend their final invalidity contentions may be up to 15 pages and oral argument of that motion will be held during the January 19, 2017 status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/19/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 294
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 12/19/2016 to address correspondence re ongoing discovery issues. Text order to follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, In-house counsel Cook Alciati, Seth Skiles, Charles Avigliano for Plaintiff; Brett A. Schatz, Gregory F. Ahrens for Defendant Oystar; Will B. Wohlford for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, In-house counsel Michael Prewitt, Tyler M. Akagi for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 292
MOTION to Strike Defendants' New Contentions Not Identified In Their L. Pat. R. 3.7 Final Invalidity Contentions ; filed by Steuben Foods, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Joseph L. Stanganelli, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D (Filed Under Seal), #7 Exhibit E (Filed Under Seal))Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 291
NOTICE of Appearance by Benjamin L. Rudofsky on behalf of HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. (Rudofsky, Benjamin) [Transferred from New York Western on 11/25/2019.]
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Filing 290
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 21, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/20/2016. Redacted Transcript Deadline set for 12/30/2016. Release of Transcript Restriction set for 2/27/2017. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 289
-CLERK TO FOLLOW UP- TEXT ORDER : The motion of Olivia E. Marbutt, Esq. for pro hac vice admission #284 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/28/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 288
NOTICE by Steuben Foods, Inc. , filing Parties' Joint Claim Construction and Prehearing Statement (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit C, #8 Exhibit D-1, #9 Exhibit D-2, #10 Exhibit E-1, #11 Exhibit E-2)Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 287
TEXT ORDER : As agreed to by the parties at today's proceeding, by November 29, 2016 defendants Shibuya Hoppmann Corporation, Shibuya Kogyo Co. Ltd., and HP Hood, LLC shall serve Steuben Foods, Inc. with their proposed amended final invalidity contentions, along with any supporting additional discovery, and defendant Nestle USA, Inc. shall serve Steuben Foods, Inc. with a corrected version of its proposed amended final invalidity contentions that complies with the numerical limitation on prior art references, along with any supporting additional discovery. By December 21, 2016 Steuben Foods, Inc. may file a sur-reply in further opposition to defendants' joint motion for leave to amend their final invalidity contentions, after which time defendants' joint motion will be taken under advisement without further oral argument unless deemed necessary by the court or requested by one of the parties. Additional monthly joint status conferences are scheduled for January 19, 2017 at 1:00 p.m. and February 23, 2017 at 1:00 p.m. The parties shall confer and propose mutually agreeable dates and times for additional monthly status conferences. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/21/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 286
FIFTH AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Joint Claim Construction Statement November 22, 2016. Signed by Hon. Jeremiah J. McCarthy on 11/21/16. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 285
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 11/21/2016 to address correspondence re ongoing discovery issues. Additional status conference dates set - January 19, 2017 at 1:00 p.m. and February 23, 2017 at 1:00 p.m. Parties to discuss and any additional dates will be set at the next conference scheduled for December 19, 2016 at 1:00 p.m. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal (via telephone), Nicholas O. Hunter (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, and Michael A. Brady for Defendant GEA; Virginia L. Carron, In-house counsel Michael Prewitt (via telephone), Tyler M. Akagi (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Pro Hac Vice fee: $ 150.00, receipt number BUF053093 (NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 284
MOTION to appear pro hac vice by Steuben Foods, Inc.. (Attachments: #1 Petition of Olivia E. Marbutt, Esq. in Support of Application for Admission Pro Hac Vice on behalf of Steuben Foods, Inc., #2 Affidavit Affidavit of Sponsor, Thomas B. Cronmiller, Esq., with Exhibits A - D)Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Cronmiller, Thomas) [Transferred from New York Western on 11/25/2019.]
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Filing 283
REPLY to Response to Motion re (202 in 1:10-cv-00780-EAW-JJM, 371 in 1:12-cv-00904-EAW-JJM, 150 in 1:13-cv-01118-EAW-JJM, 224 in 1:13-cv-00892-EAW-JJM, 263 in 1:10-cv-00781-EAW-JJM) Joint MOTION to Amend/Correct Final Invalidity Contentions filed by Jasper Products, LLC. Associated Cases: 1:13-cv-01118-EAW-JJM et al.(Hurd, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 282
TEXT ORDER granting (160, 213, 239, 281, 391) Motion for Leave to File Excess Pages in case 1:13-cv-01118-EAW-JJM; 1:10-cv-00780-EAW-JJM; 1:13-cv-00892-EAW-JJM; 1:10-cv-00781-EAW-JJM; 1:12-cv-00904-EAW-JJM. Signed by Hon. Jeremiah J. McCarthy on 11/15/16. Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 281
Defendant's MOTION for Leave to File Excess Pages (Michael B. Hurd, Esq.) (Filed with permission of Hon. Jeremiah J. McCarthy)..Associated Cases: 1:13-cv-01118-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 279
REPLY to Response to Motion re (228 in 1:13-cv-00892-EAW-JJM, 267 in 1:10-cv-00781-EAW-JJM, 152 in 1:13-cv-01118-EAW-JJM, 375 in 1:12-cv-00904-EAW-JJM, 205 in 1:10-cv-00780-EAW-JJM, 161 in 1:12-cv-00211-EAW-JJM) MOTION for Protective Order : Non-Party JBT ICS Solutions Notice of Motion and Motion for Protective Order pursuant to 09/23/2016 Text Order; filed filed by JBT ICS Solutions US, Inc.. (Attachments: #1 Affidavit Reply Declaration of Kimberly A. Colaiacovo, Esq. [Exhibits C and D filed under seal])Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Colaiacovo, Kimberly) [Transferred from New York Western on 11/25/2019.]
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Filing 278
MEMORANDUM in Opposition re (202 in 1:10-cv-00780-EAW-JJM, 371 in 1:12-cv-00904-EAW-JJM, 150 in 1:13-cv-01118-EAW-JJM, 224 in 1:13-cv-00892-EAW-JJM, 263 in 1:10-cv-00781-EAW-JJM) Joint MOTION to Amend/Correct Final Invalidity Contentions ; filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 277
RESPONSE in Opposition re #267 MOTION for Protective Order : Non-Party JBT ICS Solutions Notice of Motion and Motion for Protective Order pursuant to 09/23/2016 Text Order; filed filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 276
TEXT ORDER : With the parties' consent, defendants' motion for partial summary judgment based upon intervening rights #245 is withdrawn, without prejudice to reinstatement (without the need for refiling) at a later date. The deadline for objecting to my October 7, 2016 Decision and Order ( 222 in Steuben v. Nestle, 13-cv-892) will be deferred until my ruling on the intervening rights defense, if and when a motion in that regard is reinstated. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/7/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 275
REPLY/RESPONSE to re #260 Appeal of Magistrate Judge Decision to District Court, #274 Reply/Response filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Declaration of John Christopher Rozendaal, #2 Exhibit A)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 274
REPLY/RESPONSE to re #260 Appeal of Magistrate Judge Decision to District Court, re 258 Order on Motion to Amend Protective Order; Response filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 273
MEMORANDUM IN SUPPORT re #266 Memorandum in Support, #263 Joint MOTION to Amend/Correct Final Invalidity Contentions (Second Supplemental Memorandum) byHP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 272
TEXT ORDER : The motion of Robert M. Andalman, Esq. for pro hac vice admission #268 , as supplemented #270 , is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/28/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 271
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/21/2016, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 11/17/2016. Redacted Transcript Deadline set for 11/28/2016. Release of Transcript Restriction set for 1/25/2017. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(NRE) [Transferred from New York Western on 11/25/2019.]
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Pro Hac Vice fee: $ 150.00, receipt number BUF052735 (NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 270
CONTINUATION OF EXHIBITS by JBT ICS Solutions US, Inc.. to (206 in 1:10-cv-00780-EAW-JJM, 229 in 1:13-cv-00892-EAW-JJM, 268 in 1:10-cv-00781-EAW-JJM, 162 in 1:12-cv-00211-EAW-JJM, 153 in 1:13-cv-01118-EAW-JJM, 376 in 1:12-cv-00904-EAW-JJM) MOTION to appear pro hac vice : Notice of Motion and Motion in support of Non-Party JBT ICS Solutions US, Inc.'s motion to admit Robert M. Andalman, Esq. pro hac vice and Affidavit of Sponsor with Exhibits A - D filed by JBT ICS Solutions US, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Colaiacovo, Kimberly) [Transferred from New York Western on 11/25/2019.]
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Filing 269
TEXT ORDER : Responses to the motion of non-party JBT ICS Solutions U.S., Inc. for a protective order #267 shall be served and filed by November 7, 2016, a reply, if any, shall be served and filed by November 14, 2016, after which the motion will be taken under advisement without oral argument unless requested. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/25/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 268
MOTION to appear pro hac vice : Notice of Motion and Motion in support of Non-Party JBT ICS Solutions US, Inc.'s motion to admit Robert M. Andalman, Esq. pro hac vice by JBT ICS Solutions US, Inc.. (Attachments: #1 Petition for Admission pro hac vice, #2 Affidavit Declaration of Kimberly A. Colaiacovo, with Exhibits A - D, in support of Robert M. Andalman's Petition for admission pro hac vice on behalf of Non-Party JBT ICS Solutions, U.S., Inc.)Associated Cases: 1:10-cv-00781-EAW-JJM et al.(Colaiacovo, Kimberly) [Transferred from New York Western on 11/25/2019.]
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Filing 267
MOTION for Protective Order : Non-Party JBT ICS Solutions Notice of Motion and Motion for Protective Order pursuant to 09/23/2016 Text Order; filed by JBT ICS Solutions US, Inc.. (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of Kimberly A. Colaiacovo with Exhibits A and B, #3 Text of Proposed Order Proposed Protective Order)Associated Cases: 1:10-cv-00781-EAW-JJM et al.(Colaiacovo, Kimberly) [Transferred from New York Western on 11/25/2019.]
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Filing 266
MEMORANDUM IN SUPPORT re #263 Joint MOTION to Amend/Correct Final Invalidity Contentions (Supplemental Memorandum) byHP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Declaration of John Christopher Rozendaal, #2 Exhibit A, #3 Exhibit B)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 265
TEXT ORDER : By November 4, 2016 the parties shall advise the court whether they agree to defer construction of claims which are subject to the intervening rights motion #245 to a date after the motion is decided. If so, the motion will be held in abeyance to a later date. If not, the court will set a scheduling order on the motion, giving Steuben an opportunity to conduct the focused discovery discussed at today's proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/21/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 264
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 10/21/2016 to address ongoing discovery issues and pending motions. Text order to follow. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli, Seth Skiles, Charles Avigliano for Plaintiff; William Christ and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, Michael Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi, Thomas Jenkins for Defendant Nestle. (FTR GOLD) Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 263
Joint MOTION to Amend/Correct Final Invalidity Contentions by Nestle, U.S.A.. (Attachments: #1 Memorandum in Support, #2 Affidavit of Tyler Akagi, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E)Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(Akagi, Tyler) [Transferred from New York Western on 11/25/2019.]
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Filing 262
TEXT ORDER re #260 Appeal of Magistrate Judge Decision. Responses due 10/28/16. Replies due 11/4/16. Upon submission of all papers, the Court will determine if oral argument is necessary, and if so, will notify the parties of an oral argument date. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 10/11/16. (JPL) [Transferred from New York Western on 11/25/2019.]
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Filing 261
TEXT ORDER : The questions posed in my Text Order 252 have been answered in my Decision and Order 222 in Steuben v. Nestle, 13-cv-892. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/11/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 260
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. re 255 Order on Motion to Amend/Correct,,,,, (Attachments: #1 Memorandum in Support, #2 Affidavit of John Christopher Rozendaal, #3 Exhibit A1, #4 Exhibit A2, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Affidavit of Jeffery J. Kaneb)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 259
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 09/30/2016, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/24/2016. Redacted Transcript Deadline set for 11/3/2016. Release of Transcript Restriction set for 1/3/2017. (NRE) [Transferred from New York Western on 11/25/2019.]
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Filing 258
TEXT ORDER : In accordance with today's conference, defendants' motions to amend their invalidity contentions shall be filed October 21, 2016. Included with these motions, each movant shall state its prior knowledge, if any, of the Metal Box fillers. To the extent that there are common legal and factual issues, defendants shall attempt to coordinate their motions. Plaintiff's response(s) shall be filed by November 10, 2016; defendants' replies, if any, shall be filed by November 17, 2016; and oral argument will be held at the conclusion of the November 21, 2016 status conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/30/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 257
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/30/2016 to address ongoing discovery issues. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), Charles Avigliano (via telephone) for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael Heins (via telephone) and Michael A. Brady for Defendant GEA; Virginia L. Carron (via telephone), Tyler M. Akagi for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD)Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 256
REPLY/RESPONSE to re 252 Order,,, filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 255
TEXT ORDER: The pending motion to amend the protective order or for other relief #227 is resolved on the following basis. Absent further order of the court, no party may utilize an "outside attorneys' eyes only" designation for production of its own material. However, if a party possesses material responsive to a discovery request containing information belonging to a non-party, for which it has a good-faith basis to believe that the non-party would seek an "outside attorneys' eyes only" designation, the party to whom the request is directed shall provide the non-party with a copy of the discovery request and this Text Order, and shall advise the non-party that it may intervene and move this court for such a designation as to its information. Absent such a motion by the non-party within 30 days of this Text Order for any pending discovery request or 30 days from the date of any future discovery request (subject to extension by agreement of the parties or further order of this court), the party possessing the information shall produce it without an "outside attorneys' eyes only" designation. If such a motion is made by the non-party, production shall be deferred pending a ruling on that motion. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/23/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 254
REPLY/RESPONSE to re (209 in 1:13-cv-00892-EAW-JJM, 252 in 1:10-cv-00781-EAW-JJM, 360 in 1:12-cv-00904-EAW-JJM) Order,,, (358 in 1:12-cv-00904-EAW-JJM, 358 in 1:12-cv-00904-EAW-JJM, 250 in 1:10-cv-00781-EAW-JJM, 250 in 1:10-cv-00781-EAW-JJM, 207 in 1:13-cv-00892-EAW-JJM, 207 in 1:13-cv-00892-EAW-JJM) Order, Set Deadlines/Hearings,,,,,,,,,,,, -- Legal Brief in Response to the Court's Text Orders Regarding Defendants' Motions for Partial Summary Judgment; filed by Steuben Foods, Inc.. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 253
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 26, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/27/2016. Redacted Transcript Deadline set for 10/7/2016. Release of Transcript Restriction set for 12/5/2016. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 252
TEXT ORDER : Pursuant to my August 26, 2016 Text Order, the parties have agreed to brief the following legal issues as potentially dispositive of the pending motions for partial summary judgment based upon intervening rights: 1. Does a machine that is purchased need to be in existence before the reexamined claims issue to establish a partys absolute intervening rights under 35 U.S.C. 307?; and 2. If a purchased machine was in existence before the reexamined claims issued, is existence outside of the United States sufficient to establish a partys absolute intervening rights under 35 U.S.C. 307? The briefing schedule set forth in my August 26, 2016 Text Order for submissions addressing these issues remains in effect. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/31/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 251
FOURTH AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 8/30/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 250
TEXT ORDER : As agreed to by the parties at today's proceeding, the parties in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-0904), Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892), and Steuben Foods, Inc. v. Shibuya Hoppmann Corporation, et al. (10 -cv-0781)) shall confer and promptly provide me (jointly or individually) with a proposal for discrete briefing to address any legal questions that may resolve defendants' pending motions for partial summary judgment based upon intervening rights. Steuben's briefing on those discrete legal issues shall be filed by September 12, 2016; responses shall be filed by September 23, 2016; and the submissions will be addressed at the September 30, 2016 status conference. At this time, I will not exclude or bifurcate any of Steuben's claims. However, the parties shall continue to confer in an effort to narrow the claims and terms at issue. Steuben shall identify to defendants the third-parties whose confidences it is seeking to protect in its document production. A telephonic conference with the parties in Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892) to address the search terms for Mr. Alciati's e-mail production and the sufficiency of Steuben's responses to Nestle's Requests for Admission is scheduled for September 1, 2016 at 11:00 a.m. The parties shall arrange a dial-in conference call for that conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/26/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 249
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/26/2016 to address correspondence re ongoing discovery issues. APPEARANCES: Thomas J. Fisher, In-house counsel Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone), for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), and Michael A. Brady for Defendant GEA; Virginia L. Carron, In-house counsel Michael Prewitt (via telephone) for Defendant Nestle; Michael B. Hurd (via telephone) and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 245
MOTION for Partial Summary Judgment Based on Intervening Rights by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Affidavit of Yoshikatsu Izumi, #3 Exhibit 1 (Highly Confidential - Filed Under Seal), #4 Exhibit 2 (Highly Confidential - Filed Under Seal), #5 Exhibit 3 (Highly Confidential - Filed Under Seal), #6 Exhibit 4, #7 Exhibit 5)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 244
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT held on 7/29/16, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR-CRR, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 243
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE held on 7/29/16, before Magistrate Judge McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR-CRR, christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/22/2016. Redacted Transcript Deadline set for 9/1/2016. Release of Transcript Restriction set for 10/31/2016. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(SG) [Transferred from New York Western on 11/25/2019.]
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Filing 242
TEXT ORDER : At the July 29, 2016 conference the defendants in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-0904) orally moved to join in the motion of defendant Nestle, U.S.A. in Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892) for partial summary judgment based on intervening rights 179 . The defendants in Steuben Foods, Inc. v. Shibuya Hoppmann Corporation, et al. (10 -cv-0781) shall file their motion for similar relief by August 17, 2016, reserving their right to file a later motion based upon intervening rights directed at other patents and claims. Steuben shall file its Fed. R. Civ. P. 56(d) application in response to Nestle U.S.A/GEA Process Engineering, Inc.'s motion by August 24, 2016. A briefing schedule for Shibuya Hoppmann Corporation's motion will be addressed at the August 26, 2016 conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/1/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 241
TEXT ORDER : In accordance with the July 29, 2016 conference, the deposition of Thomas Taggart will proceed on August 18 and 19, 2016, without prejudice to defendants' ability to seek a further deposition of Mr. Taggart at a later date, and/or plaintiff's ability to oppose that request. The August 12, 2016 deadline of the Third Amended Case Management Order for the exchange of proposed constructions will be held in abeyance pending the August 26, 2016 status conference. By August 3, 2016 Steuben may file a letter brief addressing the propriety of its assertion of attorney client privilege over the redacted portions of the July 26, 1999 e-mail exchange between Dan Newitt and Thomas Taggart, which have been docketed under seal in Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892) [191 and 192]. If necessary, defendant Nestle, U.S.A. may respond by August 9, 2016. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/1/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 240
NOTICE by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. Notice of Withdrawal of Jean Paul Y. Nagashima (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 239
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 7/29/2016 re defendants' motions to amend/correct the protective order - Jasper 130 , Nestle #172 and Shibuya Hoppmann's motion #227 to amend the protective order/compel. At today's proceeding Nestle U.S.A., Inc. orally moved to compel production of an unredacted copy of the July 26, 1999 e-mail exchange between Dan Newitt and Thomas Taggart 191 . APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), for Plaintiff; William Christ, and John Christopher Rozendaal for Defendants Shibuya and Hood; Virginia L. Carron, Tyler M. Akagi (via telephone), Thomas Jenkins (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) Modified on 8/4/2016 - additional language added. (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 238
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 7/29/2016 to address correspondence re ongoing discovery issues. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins, and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone), Thomas Jenkins (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 237
REPLY to Response to Motion re #227 MOTION to Amend/Correct #148 Protective Order or, in the Alternative, To Compel Production of Documents filed by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 236
MEMORANDUM in Opposition re #227 MOTION to Amend/Correct #148 Protective Order or, in the Alternative, To Compel Production of Documents ; filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 235
NOTICE of Change of Address by Ken M. Peterson Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Peterson, Ken) [Transferred from New York Western on 11/25/2019.]
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Filing 234
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 28, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/20/2016. Redacted Transcript Deadline set for 8/1/2016. Release of Transcript Restriction set for 9/27/2016. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 233
TEXT ORDER : In accordance with yesterday's proceeding, the July 15, 2016 deadline for the exchange of claim terms for construction remains in effect. The deposition of Thomas Taggert will be bifurcated into claim construction and inequitable conduct. That portion of his deposition pertaining to claim construction will occur on two consecutive days between August 16 and 19, 2016, for seven hours each day. As indicated in my December 21, 2015 Decision and Order, I expect the defendants to coordinate their questioning of Mr. Taggert to avoid repetitive and cumulative questioning. Defendants reserve their right to seek additional time to depose Mr. Taggert and to seek to re-depose him based on later produced discovery related to claim construction. The depositions of Mr. Taggert and any other witness concerning inequitable conduct issues will be scheduled at a later date. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/29/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 232
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/28/2016 to address correspondence re ongoing discovery issues. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), and Seth Skiles (via telephone) for Plaintiff; Brett A. Schatz (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone), Thomas Jenkins (via telephone) and in-house counsel Michael Prewitt for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 231
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on June 7, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email address christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/5/2016. Redacted Transcript Deadline set for 7/14/2016. Release of Transcript Restriction set for 9/12/2016. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 230
TEXT ORDER : As agreed to by the parties at today's proceeding, by June 20, 2016 the defendants in Steuben Foods, Inc. v. Jasper Products, LLC (13-cv-1118) and Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-0892) shall file their motions to amend the protective order; plaintiff's responses to those motions and the pending motion in Steuben Foods, Inc. v. Shibuya Hoppmann Corporation, et al. (10 -cv-0781) to amend the protective order/compel #227 shall be filed by July 11, 2016; defendants' replies, if any, shall be filed by July 25, 2016; and oral argument of these motions is scheduled for July 29, 2016 following the 1:00 p.m. joint status conference. Plaintiff shall complete its production of responsive materials containing non-party Stork's confidential information to the remaining defendants. These documents will be subject to an outside counsel's eyes only designation, without prejudice to defendants' right to seek modification of that confidentiality designation or production of unredacted materials. Plaintiff's e-mail production shall proceed in all cases, other than Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-0904), on the terms agreed to by the parties. The parties in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-0904) shall confer in an effort to reach agreement on the parameters of plaintiff's e-mail production and, if they are unable to reach agreement, may either raise this issue for discussion at the June 28, 2016 joint status conference or request an earlier conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/7/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 229
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 6/7/2016 to address correspondence re ongoing discovery issues. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), and Seth Skiles (via telephone) for Plaintiff; Rob Andalman (via telephone) for Stork (a/k/a JBT); Brett A. Schatz (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, and Michael A. Brady for Defendant GEA; Virginia L. Carron, Tyler M. Akagi (via telephone) and Thomas Jenkins (via telephone) for Defendant Nestle; Michael B. Hurd and Michael Brady for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 228
NOTICE of Change of Address by Joseph L. Stanganelli Associated Cases: 1:13-cv-01118-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 227
MOTION to Amend/Correct #148 Protective Order or, in the Alternative, To Compel Production of Documents by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Memorandum in Support, #2 Affidavit of John Christopher Rozendaal, #3 Exhibit A1, #4 Exhibit A2, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Affidavit of Jeffery J. Kaneb)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 226
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 15, 2014, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/17/2016. Redacted Transcript Deadline set for 6/27/2016. Release of Transcript Restriction set for 8/25/2016. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 225
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 9, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/3/2016. Redacted Transcript Deadline set for 6/13/2016. Release of Transcript Restriction set for 8/11/2016. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 224
TEXT ORDER. For any proceedings before Judge Wolford in which the parties seek to file documents under seal, the parties may use the procedures for requesting permission to file under seal established by Judge McCarthy. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/12/2016. Associated Cases: 1:12-cv-00904-EAW-JJM et al. (CDH) [Transferred from New York Western on 11/25/2019.]
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Filing 223
TEXT ORDER : In accordance with yesterday's status conference, all depositions will be deferred pending completion of document and electronic discovery. The parties shall endeavor to complete this bilateral discovery as soon as practicable. A conference to address the status of discovery and whether any modifications to the protective orders are necessary to permit the designation of outside counsel's eyes only material is scheduled for June 7, 2016 at 10:00 a.m. By June 2, 2016, the parties shall (jointly or individually) identify any remaining document and electronic discovery and an estimated timetable for completion of that discovery. The joint status conference will be followed by oral argument of the defendants' amended motion for summary judgment in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) #300 . Counsel may participate by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/10/16. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 222
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Discussion regarding ongoing discovery issues. Court sets a status conference/oral argument on GEA's Amended Motion #300 for Summary Judgment for June 7, 2016 at 10:00 AM and Oral Argument on GEA's motion to strike 305 for June 28, 2016 at 3:00 PM. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone) and Seth Skiles (via telephone) for Plaintiff; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone) for Defendant GEA; Michael A. Brady for Defendants GEA and Jasper; Michael B. Hurd for Defendant Jasper; William D. Christ and John Christopher Rozendaal for Defendant Shibuya Hoppman and Hood; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Kan Park; Thomas H. Jenkins (via telephone), Virginia L. Carron, Tyler M. Akagi (via telephone) for Defendant Nestle. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 221
TEXT ORDER: The motions of Nicholas O. Hunter, Esq. and Jean Paul Y. Nagashima, Esq. for pro hac vice admission [219, 220] are granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/6/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 220
MOTION to appear pro hac vice of Jean Paul Y. Nagashima ( Filing fee $ 150 receipt number 0209-2522248.) by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Affidavit of Jean Paul Y. Nagashima for Admission Pro Hac Vice, #2 Exhibit 1, Attorney Oath, #3 Exhibit 2, Civility Oath, #4 Affidavit Declaration of William D. Christ in support of Petition to Admit Jean Paul Y. Nagashima pro hac vice, #5 Exhibit A, ECF Registration Form, #6 Exhibit B, Attorney Database)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 219
MOTION to appear pro hac vice Nicholas O. Hunter ( Filing fee $ 150 receipt number 0209-2522136.) by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Affidavit of Nicholas O. Hunter for Admission Pro Hac Vice, #2 Exhibit 1, Attorney Oath, #3 Exhibit 2, Civility Oath, #4 Declaration of William D. Christ in support of Petition to Admit Nicholas O. Hunter pro hac vice, #5 Exhibit A, ECF Registration Form, #6 Exhibit B, Attorney Database)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 218
NOTICE by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. Notice of Withdrawal of Christopher C. Funk (Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 217
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on April 6, 2016, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Email address christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/28/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/6/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 216
THIRD AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 4/7/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 215
TEXT ORDER : For the reasons stated on the record at today's joint status conference, the May 16, 2016 deadline for the the exchange of claim terms for construction and all subsequent deadlines of the Second Amended Case Management #138 are extended by 60 days, A Third Amended Case Management Order confirming these deadlines will be issued. As agreed to by the parties, the April 29 and May 23, 2016 joint status conferences are consolidated and rescheduled to May 9, 2016 at 2:00 p.m., and the June 24, 2016 joint status conference is rescheduled to June 28, 2016 at 2:00 p.m. All other joint status conferences remain as scheduled in my January 14, 2016 Text Order. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/6/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 214
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 4/6/2016 re issues raised in correspondence dated 3/28/2016, 4/1/2016 and 4/5/2016 addressed to the Court. Status conferences set for April 29, May 23 and June 24 are rescheduled to May 9, 2016 at 2:00 PM and June 28, 2016 at 2:00 PM. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone) and Seth Skiles (via telephone) for Plaintiff; Benjamin L. Kiersz (via telephone), William P. Atkins for Defendant GEA; Michael A. Brady for Defendants GEA and Jasper; Michael B. Hurd for Defendant Jasper; William D. Christ and John Christopher Rozendaal for Defendant Shibuya Hoppman; Paul Linden (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Kan Park; Thomas H. Jenkins (via telephone), Virginia L. Carron, David Rothenberg and Tyler M. Akagi (via telephone) for Defendant Nestle. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : Status Conference set for 5/9/2016 at 02:00 PM before Hon. Jeremiah J. McCarthy and Status Conference set for 6/28/2016 at 02:00 PM before Hon. Jeremiah J. McCarthy. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 213
TEXT ORDER : At the parties' request, the March 28, 2016 joint status conference and oral argument of the pending motions for leave to amend in Steuben Foods, Inc. v. Jasper Products, LLC (13-cv-01118) [96, 98], Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-00892) #133 , and Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) #235 , are rescheduled to April 6, 2016 at 10:30 a.m. The joint status conference will be followed by oral argument of the pending motions for leave to amend. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/18/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 212
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference held on 7/22/2015, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843-723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/31/2016. Redacted Transcript Deadline set for 4/11/2016. Release of Transcript Restriction set for 6/8/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 211
SECOND AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.). Signed by Hon. Jeremiah J. McCarthy on 3/1/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 210
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 26, 2016, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, email address christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 3/21/2016. Redacted Transcript Deadline set for 3/31/2016. Release of Transcript Restriction set for 5/31/2016. (KLH) [Transferred from New York Western on 11/25/2019.]
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Filing 209
TEXT ORDER : For the reasons stated on the record at the February 26, 2016 proceeding, defendants' motions to compel responses to their 35 U.S.C. Section 112 invalidity contentions (Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) #263 ; Steuben Foods, Inc. v. Oystar USA, Inc.(10-cv-00780) #161 ; Steuben Foods, Inc. v. Shibuya Hoppmann Corporation and HP Hood LLC (10-cv-00781) #206 ; Steuben Foods, Inc. v. Nestle, U.S.A. (13-00892) #129 ; Steuben Foods, Inc. v. Jasper Products, LLC (13-cv-01118) #94 ) are granted to the extent that they seek a declaration that Local Patent Rule 3.5 requires the patentee to respond to invalidity defenses raised under 35 U.S.C. Section 112. The parties shall confer and submit a mutually agreeable proposed Second Amended Case Management Order consistent with the deadlines discussed at today's proceeding. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/29/16. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 208
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 2/26/2016. Review of correspondence received and issues contained therein. Proposed Second Amended Case Management Order to be submitted to the Court. Briefing schedule set on #96 MOTION for Leave to File Amended Complaint by Steuben Foods, Inc., #98 MOTION for Leave to File to Amend the Pleadings by Jasper Products, LLC. and #133 MOTION to Amend/Correct #70 Answer to Complaint, Counterclaim Pleadings by Nestle, U.S.A. Text order to follow. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli, Charles Avigliano, and Seth Skiles for Plaintiff; Brett A. Schatz (via telephone), and Gregory F. Ahrens (via telephone) for Defendant Oystar; Ken M. Peterson (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, and Michael A. Brady for Defendant GEA; Virginia L. Carron, Thomas H. Jenkins (via telephone) for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 207
RESPONSE to Motion re (94 in 1:13-cv-01118-EAW-JJM) MOTION for Joinder in GEA Process Engineering, Inc.'s Motion to Compel Steuben Foods, Inc. to Respond to Defendants' Invalidity Contentions Under 35 U.S.C. 112, (129 in 1:13-cv-00892-EAW-JJM) MOTION for Joinder the GEA Defendants' Feb. 8 2016 Motion to Compel Steuben to Respond to Defendants' Invalidity Contentions, (161 in 1:10-cv-00780-EAW-JJM) MOTION for Joinder Defendants Joinder In GEA Process Engineering, Inc.s Motion To Compel Steuben Foods, Inc. To Respond To Defendants Invalidity Contentions, (206 in 1:10-cv-00781-EAW-JJM) MOTION for Joinder to GEA Defendants' Motion to Compel, (104 in 1:12-cv-00211-EAW-JJM) MOTION for Protective Order (Letter), (263 in 1:12-cv-00904-EAW-JJM) MOTION to Compel Steuben Foods, Inc. to Respond to Defendants' Invalidity Contentions Under 35 U.S.C. 112 -- Steuben's Response to GEA's Motion to Compel 112 Contention Responses; filed by Steuben Foods, Inc.. Associated Cases: 1:12-cv-00904-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 206
MOTION for Joinder to GEA Defendants' Motion to Compel by HP Hood LLC, Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd.. (Attachments: #1 Exhibit A - GEA's Motion to Compel)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 205
TEXT ORDER : With the parties' consent, the February 26, 2016 joint status conference is rescheduled to 11:00 a.m. Following the conclusion of this portion of the proceeding, the parties in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) shall reconvene at 2:00 p.m. for oral argument of the pending motions [227, 235, 255]. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/9/16. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 204
TEXT ORDER : The defendants in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al (12-cv-904) have filed a motion to compel Steuben Foods, Inc. to respond to its invalidity contentions under 35 U.S.C. Section 112 #263 . To the extent that any other defendant in the related Steuben cases (10-cv-00780; 10-cv-00781; 13-cv-00892; and 13-cv-01118) seeks similar relief, they shall file their joinder motions by February 12, 2016; Steuben Foods Inc.'s response shall be filed by February 19, 2016; replies, if any, shall be filed by February 23, 2016; and these motions will be addressed at the February 26, 2016 conference. Since defendants may join in the GEA defendants' motion to compel, the conference scheduled for today in Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-892) to informally address this issue is cancelled. Until the motion is resolved, the March 1, 2016 deadline for final infringement/invalidity contentions will be held in abeyance. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/9/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 203
TEXT ORDER : Additional monthly joint status conferences are scheduled for March 28, 2016 at 1:00 p.m., April 29, 2016 at 1:00 p.m., May 23, 2016 at 1:00 p.m., June 24, 2016 at 1:00 p.m., July 29, 2016 at 1:00 p.m., August 26, 2016 at 1:00 p.m., September 30, 2016 at 1:00 p.m., October 21, 2016 at 1:00 p.m., November 21, 2016 at 1:00 p.m., and December 19, 2016 at 1:00 p.m. The parties shall submit (jointly or individually) letters identifying any pending discovery disputes or issues requiring court intervention (if any) by no later than ten days before each status conference, and letter responses shall be submitted no later than five days before each status conference. Counsel may participate by telephone in these conferences. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/14/16. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : The October 28, 2016 Status Conference is reset for 10/21/2016 at 01:00PM before Hon. Jeremiah J. McCarthy. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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CALENDAR EVENT : Status Conferences set for for 3/28/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 4/29/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 5/23/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 6/24/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 7/29/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 8/26/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 9/30/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 10/28/2016 at 01:00PM before Hon. Jeremiah J. McCarthy; 11/21/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy; 12/19/2016 at 01:00 PM before Hon. Jeremiah J. McCarthy. The parties may participate via telephone. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 202
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 21, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/12/2016. Redacted Transcript Deadline set for 1/22/2016. Release of Transcript Restriction set for 3/21/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 201
DECISION AND ORDER. Signed by Hon. Jeremiah J. McCarthy on 12/21/15. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 200
TEXT ORDER : Written decisions confirming my oral rulings at today's proceeding will be issued shortly. With respect to defendants' recently filed motion for leave to amend in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) #235 , the parties shall confer and provide me with a proposed briefing schedule for that motion by December 28, 2015. If necessary, by that deadline (or earlier) the parties in Steuben Foods, Inc. v. Nestle, U.S.A. (13-cv-892) and Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv--00904) shall confer and provide me with an expedited briefing schedule for Steuben's anticipated motions for leave to modify the protective order. In the interim, Steuben may inform the PTAB that it is moving as expeditiously as possible in two District Court cases to seek modification of the protective orders in those cases to bring information to the PTAB's attention that it believes is relevant. As agreed to by the parties, the January 22, 2016 status conference and February 26, 2016 status conference and oral argument of defendants' motion for summary judgment of non-infringement in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al. (12-cv-00904) #227 are rescheduled from 10:00 a.m. to 2:00 p.m. The parties shall also confer and provide my chambers with mutually agreeable dates and times for monthly discovery conferences for the balance of 2016. Upon receipt of this information, a schedule of monthly discovery conferences will be issued. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 12/21/15. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 199
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 12/21/2015. Discussion re motions and discovery issues. Text Order to follow. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone), and Seth Skiles (via telephone) for Plaintiff; Brett A. Schatz (via telephone), and Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) and Ken M. Peterson (via telephone) for Defendant Ken-Pak; William Christ, and John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), and Michael A. Brady for Defendant GEA; Virginia L. Carron (via telephone), David Rothenberg (via telephone), and Tyler M. Akagi (via telephone) for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 198
AMENDED CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Jeremiah J. McCarthy on 12/3/15. Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 197
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings CORRECTED TITLE PAGE IN 10-CV-780(W) et al AND CASES held on November 23, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/24/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 3/2/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 196
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 23, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 12/23/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 3/1/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 195
TEXT ORDER : In accordance with today's conference, an additional monthly status conference is scheduled for February 26, 2016 at 10:00 a.m. For that conference and the remaining monthly status conferences scheduled in my July 11, 2015 Text Order, letters identifying any pending discovery disputes or issues requiring court intervention (if any) shall be submitted to me by no later than ten days before each status conference, and letter responses shall be submitted no later than five days before each status conference. For the reasons stated at today's proceeding and based upon Steuben's representations, Steuben's initial infringement contentions in Steuben v. Nestle, USA, 13-CV-00892 (EAW)(JJM) are sufficient at this stage with the understanding that Nestle will not be required to provide greater specificity in its non-infringement and invalidity contentions than what is contained in Steuben's initial infringement contentions. Further, Steuben's informal request to modify the Protective Orders to permit an additional member of Steuben's in-house patent litigation team access to materials designated "Highly Confidential" is denied at this time in those cases where defendants have not agreed to that relief. In the remaining cases, the parties shall confer with Steuben in an effort to reach agreement on a further confidentiality designation that will permit the additional in-house counsel access to materials, but protect the defendants' confidentiality concerns. If the parties are unable to reach an agreement, Steuben may file a motion to modify the Protective Orders. The court will endeavor to issue decisions at or before the December 21, 2015 conference concerning defendants' motion for a protective order in Steuben v. GEA Process Engineering, Inc. et al., 12-CV-00904(EAW)(JJM) #216 , as well as the parties' disputes concerning deposition limitations and the proposed Order Regarding E-Discovery. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/23/15. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 194
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 11/23/2015. Discussion re correspondence received by the Court. Update on discovery issues. APPEARANCES: Thomas J. Fisher, Cook Alciati, Sid Fernandes, Joseph L. Stanganelli (via telephone), Charles Avigliano (via telephone) Seth Skiles (via telephone) for Plaintiff; Brett A. Schatz (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; William Christ, John Christopher Rozendaal (via telephone) for Defendants Shibuya and Hood; Benjamin L. Kiersz (via telephone), William P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, David Rothenberg, Tyler M. Akagi (via telephone) for Defendant Nestle; Michael B. Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 193
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on October 23, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/27/2015. Redacted Transcript Deadline set for 12/7/2015. Release of Transcript Restriction set for 2/4/2016. Associated Cases: 1:10-cv-00780-EAW-JJM et al. (DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 192
TEXT ORDER : In accordance with today's proceeding, Steuben agrees to limit its Initial Infringement Contentions to the 45 claims identified in Thomas Fisher, Esq.'s October 9, 2015 e-mail. The deadline for defendants' Non-Infringement and Invalidity Contentions is extended to December 4, 2015, and defendants agree that they will identify no more than 60 prior art references per case. Further case narrowing will be addressed at the December 21, 2015 conference. Other pending case management issues, such as deposition limitations and implementation of an order governing discovery of electronically stored information, will be addressed at the November 23, 2015 conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/23/15. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 191
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 10/23/2015. Discussion re correspondence received by the Court. APPEARANCES: Thomas J. Fisher, Cook Alciati, Joseph L. Stanganelli (via telephone), Seth Skiles (via telephone) for Plaintiff; Brett A. Schatz (via telephone), Gregory F. Ahrens (via telephone) for Defendant Oystar; Will B. Wohlford (via telephone) for Defendant Ken-Pak; Kevin English, John Christopher Rozendaal for Defendants Shibuya and Hood; Benjamin L. Kiersz, William P. Atkins, Michael A. Brady for Defendant GEA; Virginia L. Carron, David Rothenberg for Defendant Nestle; Matthew B. Walters (via telephone) for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 190
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 28, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2015. Redacted Transcript Deadline set for 11/2/2015. Release of Transcript Restriction set for 12/30/2015. Associated Cases: 1:10-cv-00780-EAW-JJM et al. (DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 189
TEXT ORDER : In accordance with yesterday's conference, by October 9, 2015 Steuben shall circulate to defendants its proposals for the maximum number of claims and defenses to be asserted by case; defendants shall respond with their counterproposals by October 19, 2015; and Steuben may reply by October 21, 2015. These submissions, which shall be copied to the court, will be addressed at the October 23, 2015 conference. As agreed to by the parties in Steuben Foods, Inc. v. GEA Process Engineering, Inc. et al., 12-cv-904 (EAW)(JJM), defendants shall file their motion for a protective order by October 9, 2015; Steuben shall respond by October 16, 2015; defendants' reply, if any, shall be filed by October 21, 2015; and oral argument, if necessary, will occur at the conclusion of the October 23, 2015 joint discovery conference. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/29/15. Associated Cases: 1:12-cv-00904-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 188
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 9/28/2015. Discussion re issues raised in recent letters addressed to the Court. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano, Seth Skiles (via telephone), Sid Fernandes (via telephone) for Plaintiff Steuben; Brett A. Schatz (via telephone) for Defendant Oystar (10-CV-780); Will B. Wohlford (via telephone) for Defendant Kan-Pak, LLC (10-CV-780); John Christopher Rozendaal (via telephone) and William D. Christ (via telephone) for Defendants Shibuya (10-CV-781); Benjamin L. Kiersz (via telephone), William P. Atkins, Michael A. Brady for Defendant GEA Processing (12-CV-904); Thomas H. Jenkins (via telephone) and Virginia L. Carron (via telephone), David Rothenberg (via telephone), Tyler M. Akagi (via telephone) for Defendant Nestle (13-CV-892); Michael B. Hurd (via telephone) for Defendant Jasper (13-CV-1118). (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-00892-EAW-JJM, 1:13-cv-01118-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 187
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 25, 2015, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Telephone number 585-613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/18/2015. Redacted Transcript Deadline set for 9/28/2015. Release of Transcript Restriction set for 11/27/2015. Associated Cases: 1:13-cv-00892-EAW-JJM, 1:10-cv-00780-EAW-JJM, 1:10-cv-00781-EAW-JJM, 1:12-cv-00904-EAW-JJM, 1:13-cv-01118-EAW-JJM(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 186
CASE MANAGEMENT ORDER. Signed by Hon. Jeremiah J. McCarthy on 8/27/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 185
TEXT ORDER : As agreed to by Steuben at today's proceeding, by August 28, 2015 it shall file and serve its answer to the counterclaims in Steuben Foods, Inc. v. Nestle U.S.A.,13-cv-892(EAW)(JJM). By August 28, 2015 Steuben shall also circulate to defendants and submit to me a mutually agreeable Case Management Order consistent with the amendments discussed at today's proceeding to the proposed schedule attached to Steuben's August 18, 2015 letter. The parties shall confer in an attempt to reach agreement on the maximum number of claims that will be subject of Steuben's initial infringement contentions, and by September 4, 2015 advise me whether they have reached an agreement. If no agreement is reached, a decision will be issued concerning whether discovery and pretrial proceedings of claims that have been finally rejected by the USPTO will be held in abeyance. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/25/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 184
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/25/2015. Discussion re Case Management Plan. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone), Seth Skiles for Plaintiff Steuben; Brett A. Schatz (via telephone) and Gregory F. Ahrens (via telephone) for Defendant Oystar (10-CV-780); Will B. Wohlford (via telephone) for Defendant Kan-Pak, LLC (10-CV-780); John Christopher Rozendaal (via telephone) and William D. Christ (via telephone) for Defendants Shibuya and HP Hood (10-CV-781); Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael A. Brady for Defendant GEA Processing (12-CV-904); Thomas H. Jenkins (via telephone) and Virginia L. Carron (via telephone) for Defendant Nestle (13-CV-892); Michael B. Hurd (via telephone) for Defendant Jasper (13-CV-1118). (FTR GOLD) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 183
-CLERK TO FOLLOW UP-STIPULATION AND ORDER FOR CONSOLIDATION OF CASES. Signed by Hon. Jeremiah J. McCarthy on 8/10/15. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00211-EAW-JJM(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 182
STIPULATION AND PROPOSED ORDER REGARDING CONSOLIDATION OF CASES; filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00211-EAW-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 181
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 7/22/2015. Discussion of scheduling issues and Steuben's motion to dismiss Nestle's counterclaims. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Cook Alciati, Charles Avigliano, Seth Skiles for Plaintiff Steuben; Brett A. Schatz for Defendant Oystar (10-CV-780); Ken M. Peterson, Will B. Wohlford for Defendant Kan-Pak, LLC (10-CV-780); John Christopher Rozendaal for Defendants Shibuya and HP Hood (10-CV-781 and 12-CV-211); Benjamin L. Kiersz, William P. Atkins for Defendant GEA Processing (12-CV-904); Thomas H. Jenkins, Virginia L. Carron, David Rothenberg, Tyler M. Akagi for Defendant Nestle (13-CV-892); Michael B. Hurd for Defendant Jasper (13-CV-1118). (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 180
TEXT ORDER : Monthly joint status conferences are scheduled for August 25, 2015 at 2:00 p.m., September 28, 2015 at 2:00 p.m., October 23, 2015 at 10:00 a.m., November 23, 2015 at 10:00 a.m., December 21, 2015 at 10:00 a.m., and January 22, 2016 at 10:00 a.m. The parties shall submit (jointly or individually) letters identifying any pending discovery disputes or issues requiring court intervention (if any) by no later than seven days before each status conference, and letter responses shall be submitted no later than two days before each status conference. Counsel may participate by telephone in these conferences upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 7/11/15. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 179
TEXT ORDER : In accordance with the June 18, 2015 conference, discovery and pretrial proceedings in these cases (10-cv-00780; 10-cv-00781; 12-cv-00211; 12-cv-00904; 13-cv-00892; and 13-cv-01118) will proceed on a consolidated basis at this time. By July 15, 2015 the parties shall confer and submit (jointly or individually) 1) proposed deadlines for pretrial proceedings, and 2) letters identifying discovery disputes or issues requiring court intervention, including whether discovery and pretrial proceedings. concerning claims that have been finally rejected by the USPTO should be held in abeyance. A conference to address these submissions is scheduled for July 22, 2015 at 3:00 p.m. The parties shall also confer and promptly notify my chambers of any blocks of time that they are unavailable for monthly discovery conferences from August to the end of this year. Upon receipt of this information, a schedule of monthly discovery conferences will be issued. The parties may participate in the July 22, 2015 conference by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/22/15. Associated Cases: 1:12-cv-00211-EAW-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 178
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on June 18, 2015, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/13/2015. Redacted Transcript Deadline set for 7/23/2015. Release of Transcript Restriction set for 9/21/2015. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 177
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 6/18/2015 re Steuben's motion to dismiss Nestle's counterclaims and a Status Conference as to all other Steuben cases. Court sets another status conference for 7/22/2015 at 03:00 PM before Hon. Jeremiah J. McCarthy. A text order setting additional conferences and addressing other issues will follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone), Seth Skiles (via telephone) for Plaintiff Steuben; Brett A. Schatz (via telephone), Gregory Ahrens (via telephone) for Defendant Oystar (10-CV-780); Ken M. Peterson (via telephone), Will B. Wohlford (via telephone) for Defendant Kan-Pak, LLC (10-CV-780); William D. Christ (via telephone), John Christopher Rozendaal (via telephone) for Defendants Shibuya and HP Hood (10-CV-781 and 12-CV-211); Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael A. Brady for Defendant GEA Processing (12-CV-904); Thomas H. Jenkins, Virginia L. Carron (via telephone), David Rothenberg for Defendant Nestle (13-CV-892); Michael B. Hurd (via telephone) for Defendant Jasper (13-CV-1118). (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM et al. (DAZ) Modified on 6/19/2015 (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 176
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on May 4, 2015, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 6/23/2015. Redacted Transcript Deadline set for 7/6/2015. Release of Transcript Restriction set for 8/31/2015. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 175
TEXT ORDER : Oral argument of Steuben Foods, Inc.'s motion to dismiss Nestle USA Inc.'s counterclaims in Steuben Foods, Inc. v. Nestle USA, Inc., 13-cv-00892, has been scheduled for June 18, 2015 at 10:00 a.m. As indicated in my May 5, 2015 Text Order, a status conference in all of Steuben's actions (12-cv-00904; 10-cv-00780; 10-cv-00781; 12-cv-00211; 13-cv-00892; and 13-cv-01118) will also be conducted immediately following that argument. The parties may participate by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/11/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 174
TEXT ORDER : In accordance with yesterday's conference, the parties in Steuben Foods, Inc. v. Jasper Products, LLC (13-cv-01118) and Steuben Foods, Inc. v. Nestle, U.S.A., Inc. (13-cv-00892) shall continue to confer in an effort to reach agreement on stipulated protective orders for these cases. By May 22, 2015 the parties shall either advise that they have reached agreement on stipulated protective orders or submit their competing versions along with supporting letter briefs, and a conference concerning these submissions is scheduled for May 27, 2015 at 3:00 p.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. Steuben has agreed to file its motion to dismiss Nestle's counterclaims by May 5, 2015, and Nestle shall advise the court and Steuben of a proposed deadline for its response to that motion by May 7, 2015. Upon receipt of Nestle's proposal, a briefing schedule for Steuben's dismissal motion will be set, including an oral argument date that will coincide with the next status conference in all of Steuben's actions (12-cv-00904; 10-cv-00780; 10-cv-00781; 12-cv-00211; 13-cv-00892; and 13-cv-01118). SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/5/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 173
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 5/4/2015. Discussed discovery issues, proposed protective orders, plaintiff's anticipated motion to dismiss Nestle's counterclaims and briefing schedule for that motion. Text Order to follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, W. Cook Alciati, Charles Avigliano for Plaintiff Steuben Foods; Brett A. Schatz, Gregory F. Ahrens for Defendant Oystar; Ken M. Peterson for Defendant Kan-Pak, LLC; William D. Christ and John Christopher Rozendaal for Defendants Shibuya and HP Hood; Michael A. Brady and William P. Atkins for Defendant GEA; Daniel Barrie Moar and Virginia L. Carron for Defendant Nestle; Michael Hurd for Defendant Jasper. (Court Reporter FTR Gold.) Associated Cases: 1:10-cv-00780-EAW-JJM et al. (JCCh) Modified on 12/21/2015 to correct date of hearing (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 172
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference Proceedings held on March 27, 2015, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 4/30/2015. Redacted Transcript Deadline set for 5/11/2015. Release of Transcript Restriction set for 7/8/2015. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 171
TEXT ORDER : As agreed to by the parties at today's conference, Steuben may proceed with its discovery of the subject machines. A conference to address a schedule for all other discovery and claim construction submissions is set for May 4, 2015 at 2:00 p.m. By April 27, 2015, the parties shall confer and submit (jointly or individually) case management proposals. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/27/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 170
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 3/27/2015. Discovery Issues discussed. Court sets another status conference for May 4, 2015 at 2:00 PM. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli (via telephone), Cook Alciati, Charles Avigliano (via telephone) for Plaintiff Steuben; Brett A. Schatz (via telephone) for Defendant Oystar (10-CV-780); Ken M. Peterson (via telephone), Will B. Wohlford (via telephone) for Defendant Kan-Pak, LLC (10-CV-780); William D. Christ, John Christopher Rozendaal (via telephone) for Defendants Shibuya and HP Hood (10-CV-781 and 12-CV-211); Benjamin L. Kiersz (via telephone), William P. Atkins (via telephone), Michael A. Brady (via telephone) for Defendant GEA Processing (12-CV-904); Daniel Barrie Moar (via telephone), Thomas H. Jenkins (via telephone), Virginia L. Carron (via telephone) for Defendant Nestle (13-CV-892); Michael B. Hurd (via telephone) for Defendant Jasper (13-CV-1118). (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 169
TEXT ORDER : For the reasons stated in my March 9, 2015 Decision and Order 184 issued in Steuben Foods, Inc. v. GEA Process Engineering, Inc., et al., 12-cv-00904 (EAW-JJM), the current stay of proceedings in the Steuben Foods, Inc. ("Steuben") actions (12-cv-00904; 10-cv-00780; 10-cv-00781; 12-cv-00211; 13-cv-00892; and 13-cv-01118) will remain in effect until and including March 16, 2015, but all requests for an extension of that stay are denied. Absent a contrary order by District Judge Elizabeth A. Wolford, a status conference in the Steuben actions will be held on March 27, 2015 at 3:00 p.m. Counsel may participate in person or by telephone, upon advance notice to chambers. The parties may submit proposals for further proceedings by March 20, 2015, and replies by March 24, 2015. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/9/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 168
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/9/2015, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR, RMR, CRR, CRI, email: christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2015. Redacted Transcript Deadline set for 3/16/2015. Release of Transcript Restriction set for 5/14/2015. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 167
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 2/9/2015 re continuation of the stay. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, Cook Alciati, Charles Avigliano for Plaintiff Steuben in all cases; Brett A. Schatz (via telephone) for Defendant Oystar (10-CV-780); Ken M. Peterson (via telephone) for Defendant Kan-Pak, LLC (10-CV-780); William D. Christ, John Christopher Rozendaal (via telephone) for Defendants Shibuya and HP Hood (10-CV-781 and 12-CV-211); Benjamin L. Kiersz (via telephone), William P. Atkins for Defendant GEA Processing (12-CV-904); Daniel Barrie Moar, Thomas H. Jenkins, Virginia L. Carron for Defendant Nestle (13-CV-892); Michael B. Hurd (via telephone) for Defendant Jasper (13-CV-1118). (FTR GOLD) Associated Cases: 1:10-cv-00780-EAW-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 166
REPLY/RESPONSE to re (129 in 1:12-cv-00211-EAW-JJM, 164 in 1:10-cv-00781-EAW-JJM) Reply/Response, (43 in 1:13-cv-01118-EAW-JJM, 43 in 1:13-cv-01118-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (119 in 1:10-cv-00780-EAW-JJM, 119 in 1:10-cv-00780-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (157 in 1:12-cv-00904-EAW-JJM, 157 in 1:12-cv-00904-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (163 in 1:10-cv-00781-EAW-JJM, 128 in 1:12-cv-00211-EAW-JJM) Reply/Response, (167 in 1:12-cv-00904-EAW-JJM) Memorandum/Brief,, (52 in 1:13-cv-00892-EAW-JJM, 52 in 1:13-cv-00892-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (160 in 1:10-cv-00781-EAW-JJM, 160 in 1:10-cv-00781-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (55 in 1:13-cv-00892-EAW-JJM) Memorandum/Brief,, (125 in 1:12-cv-00211-EAW-JJM, 125 in 1:12-cv-00211-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, Plaintiff's Response to Defendants' Submissions Regarding The Stay, filed by Steuben Foods, Inc.. Associated Cases: 1:13-cv-00892-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 165
REPLY/RESPONSE to re (115 in 1:10-cv-00780-EAW-JJM, 115 in 1:10-cv-00780-EAW-JJM, 35 in 1:13-cv-01118-WMS-JJM, 35 in 1:13-cv-01118-WMS-JJM, 139 in 1:12-cv-00904-EAW-JJM, 139 in 1:12-cv-00904-EAW-JJM, 156 in 1:10-cv-00781-EAW-JJM, 156 in 1:10-cv-00781-EAW-JJM, 43 in 1:13-cv-00892-EAW-JJM, 43 in 1:13-cv-00892-EAW-JJM, 120 in 1:12-cv-00211-EAW-JJM, 120 in 1:12-cv-00211-EAW-JJM) Terminate Hearings,,,,,, Order,,,,, (43 in 1:13-cv-01118-WMS-JJM, 43 in 1:13-cv-01118-WMS-JJM) Order, Set Deadlines/Hearings,,,,,, (119 in 1:10-cv-00780-EAW-JJM, 119 in 1:10-cv-00780-EAW-JJM) Order,,,, Set Deadlines/Hearings,,, (157 in 1:12-cv-00904-EAW-JJM, 157 in 1:12-cv-00904-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (52 in 1:13-cv-00892-EAW-JJM, 52 in 1:13-cv-00892-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, (160 in 1:10-cv-00781-EAW-JJM, 160 in 1:10-cv-00781-EAW-JJM) Order,,,, Set Deadlines/Hearings,,, (125 in 1:12-cv-00211-EAW-JJM, 125 in 1:12-cv-00211-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, Submission Regarding Stay filed by Steuben Foods, Inc.. Associated Cases: 1:10-cv-00780-EAW-JJM et al.(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 164
REPLY/RESPONSE to re (125 in 1:12-cv-00211-EAW-JJM, 125 in 1:12-cv-00211-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, Document on Firm Stationary filed by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., HP Hood LLC. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00211-EAW-JJM(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 163
REPLY/RESPONSE to re (125 in 1:12-cv-00211-EAW-JJM, 125 in 1:12-cv-00211-EAW-JJM) Order, Set Deadlines/Hearings,,,,,, filed by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., HP Hood LLC. Associated Cases: 1:10-cv-00781-EAW-JJM, 1:12-cv-00211-EAW-JJM(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 162
TEXT ORDER REASSIGNING CASE.IT HEREBY IS ORDERED that this case is TRANSFERRED to the Hon. Elizabeth A. Wolford, District Judge for all further proceedings.SO ORDERED.Issued by William M. Skretny, Chief Judge U.S.D.C. on 1/27/2015. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 161
NOTICE by Steuben Foods, Inc. Removal of Appearance by Christopher Blank (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 160
TEXT ORDER : In accordance with today's telephonic conference, by January 30, 2015 the parties may file submissions concerning whether the stay of proceeding should continue in light of the December 23, 2014 Order of the Patent Trial and Appeal Board ("PTAB") terminating GEAs IPRs; responses may be filed by February 6, 2015; and oral argument of this issue is scheduled for February 9, 2015 at 2:00 p.m. The current stay remains in effect pending further order of the court. The parties shall promptly submit a copy of the PTAB order when it becomes publicly accessible, but this will not delay the briefing schedule. The parties may participate in the February 9, 2015 oral argument by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/7/15. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 159
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 1/7/2015. Discussion re Patent Trial and Appeal Board decision. Text Order to follow. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli for Plaintiff; Cook Alciati and Charles Avigliano, In House Counsel for Plaintiff; William D. Christ, John Christopher Rozendaal for Defendant Shibuya. (FTR GOLD) (DAZ) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 158
TEXT ORDER : A conference is scheduled for January 7, 2015 at 11:00 a.m. The parties may participate by telephone by using the call-in information circulated by plaintiff. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/6/15. Associated Cases: 1:10-cv-00780-WMS-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 157
TEXT ORDER : Notwithstanding today's Text Order staying the actions, a conference is scheduled for June 18, 2014 at 2:30 p.m. to address Steuben's request contained in its June 4, 2014 letter that I rule on its motion to compel 110 filed in Steuben Foods, Inc. v. GEA Process Engineering, Inc., et al (12-CV-00904). Any party wishing to respond to Steuben's June 4, 2014 letter shall do so by June 16, 2014. The parties may participate in the June 18, 2014 conference by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/10/14. Associated Cases: 1:12-cv-00904-WMS-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 156
TEXT ORDER : All further proceedings in these actions (10-cv-00780; 10-cv-00781; 12-cv-00211; 12-cv-00904; 13-cv-00892; and 13-cv-01118) will be stayed pending the earlier of the conclusion of IPR proceedings or March 10, 2015. In return for the stay, defendants GEA Process Engineering and GEA Procomac will be bound by the estoppel provisions of 35 U.S.C. 315(e)(2), and all other defendants will be estopped from asserting any invalidity contention that was actually raised and finally adjudicated in the final written decision of the Patent Trial and Appeal Board in Case Nos. IPR2014-00041, -00043, -00051, - 00054 and -00055, without prejudice to Steuben's right to argue, upon conclusion of the stay, that the broader statutory estoppel of 35 U.S.C. 315(e)(2) should apply to one or more of these defendants. A written decision regarding the stay will be issued in due course, and the parties' deadline for objecting will run from the issuance of that decision. The June 25, 2014 status conference and subsequent monthly status conferences scheduled in my April 16, 2014 Text Order are cancelled, and will be rescheduled, if necessary, at the conclusion of the stay. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/10/14. Associated Cases: 1:10-cv-00780-WMS-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 155
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 5/28/2014, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, FAPR, RMR, CRR, CRI, email: christimacri50@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/24/2014. Redacted Transcript Deadline set for 7/7/2014. Release of Transcript Restriction set for 9/2/2014. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 153
TEXT ORDER. In accordance with yesterday's proceeding, the parties shall continue to confer in an effort to reach a stipulated stay during the Inter Partes Reviews of the patents-in-suit. If the parties are unable to reach an agreement, they may submit their current estoppel proposals to me by June 4, 2014, and I will take GEA's motion to stay (12-cv-904 #104 ) and the "Conditional Agreement to a Limited Estoppel if the Court Grants GEA's Motion to Stay" filed by the defendants in the other Steuben Foods' actions under advisement. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/29/2014. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 154
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 5/28/2014. ORDER TO FOLLOW. (Court Reporter FTR Gold.) PRESENT (all via telephone): For Steuben Foods, Inc.: Thomas Fisher, Joseph Stanganelli, Cook Alciati and Charlie Avigliano. For Shibuya Hoppmann Corporation and HP Hood: J.C. Rozendaal and William Christ For Oystar USA, Inc. and Kan-Pak, LLC: Brett Schatz and Will Wohlford. For GEA Process Engineering, Inc., et al: William Atkins, Benjamin Kiersz and Michael Brady. For Nestle, U.S.A.: Virginia Carron, Tom Jenkins and Dan Moar. For Jasper Products, LLC: Michael Hurd Associated Cases: 1:10-cv-00780-WMS-JJM et al. (LL) Modified on 6/2/2014 (DAZ). [Transferred from New York Western on 11/25/2019.]
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Filing 152
REPLY/RESPONSE to re (151 in 1:10-cv-00781-WMS-JJM) Order,,, (115 in 1:12-cv-00211-WMS-JJM) Order,,, Directing Defendants to Provide Certain Information to Court filed by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., HP Hood LLC. Associated Cases: 1:10-cv-00781-WMS-JJM, 1:12-cv-00211-WMS-JJM(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 151
TEXT ORDER. In their May 16, 2014 "Conditional Agreement to a Limited Estoppel if the Court Grants GEA's Motion to Stay", defendants have offered to be bound by a limited estoppel depending on the outcome of GEA's IPR proceedings (narrower in scope than the statutory estoppel under 35 U.S.C. 315(e)(2)) if all cases are stayed. At this point I have not decided whether to stay the GEA action or any other Steuben action. To assist in that decision, by May 27, 2014 each defendant should advise the court (1) whether they have directly or indirectly offered assistance in connection with GEA's IPR proceedings, and (2) whether, as a condition of granting the stay, they are willing to be bound by the statutory estoppel under 35 U.S.C. 315(e)(2)), rather than the more limited estoppel which they have offered. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/20/2014. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 150
MEMORANDUM/BRIEF Defendants' Conditional Agreement to a Limited Estoppel if the Court Grants GEA's Motion to Stay (12-cv-00904-WMS-JMM) by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., HP Hood LLC. (Attachments: #1 Certificate of Service)Associated Cases: 1:10-cv-00781-WMS-JJM, 1:12-cv-00211-WMS-JJM(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 149
TEXT ORDER : Absent further order by District Judge Skretny, the Protective Order [112, 148] will become effective as of April 23, 2014. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/16/14. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 148
PROTECTIVE ORDER. Signed by Hon. Jeremiah J. McCarthy on 4/16/14. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 147
TEXT ORDER : In accordance with yesterday's telephonic conference, monthly joint status conference are scheduled for May 28, 2014 at 2:00 p.m., June 25, 2014 at 11:00 a.m., July 30, 2014 at 2:00 p.m., August 27, 2014 at 2:00 p.m., September 24, 2014 at 2:00 p.m., October 29, 2014 at 2:00 p.m., and November 20, 2014 at 2:00 p.m. The parties shall submit (jointly or individually) letters identifying any pending discovery disputes or issues requiring court intervention (if any) by no later than seven days before each status conference, and letter responses shall be submitted no later than two days before each status conference. The parties may participate by telephone in these conferences upon advance notice to chambers. Entry of a Case Management Order will be deferred pending resolution of the outstanding motions in Steuben Foods, Inc. v. Nestl, U.S.A., (13-cv-892). When an Answer is filed in that case, the parties shall confer and submit a proposed Case Management Order similar to the joint proposal contained in Joseph Stanganelli's April 7, 2014 letter. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/16/2014. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 146
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 4/15/2014. Discussed discovery issues. Court will issue a decision in the Nestle case shortly. Court sets monthly status conferences to discuss any discovery disputes or issues. Status Conferences set for May 28, 2014; June 25, 2014; July 30, 2014; August 27, 2014; September 24, 2014; October 29, 2014 and November 20, 2014. APPEARANCES: Thomas J. Fisher, Joseph L. Stanganelli, W. Cook Alciati, Charles Avigliano for Plaintiff Steuben Foods; Brett A. Schatz, Gregory F. Ahrens for Defendant Oystar; Will B. Wohlford for Defendant Kan-Pak, LLC; William D. Christ and John Christopher Rozendaal for Defendants Shibuya and HP Hood; Benjamin L. Kiersz and William P. Atkins for Defendant GEA; Daniel Barrie Moar and Virginia L. Carron for Defendant Nestle; Michael Hurd for Defendant Jasper. (FTR GOLD) Associated Cases: 1:10-cv-00780-WMS-JJM et al.(DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 145
TEXT ORDER : The March 31, 2014 conference to address the parties' scheduling proposals is rescheduled to April 15, 2014 at 3:00 p.m. The parties may participate by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/31/14. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 144
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 2/26/2014, before Magistrate Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, RDR, CRR, Telephone number (843) 723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/21/2014. Redacted Transcript Deadline set for 3/31/2014. Release of Transcript Restriction set for 5/29/2014. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 143
TEXT ORDER : In accordance with today's telephonic conference, the parties shall continue to confer concerning the scope of the protective order's patent prosecution bar. By March 7, 2014 the parties shall submit (jointly or individually) a proposed protective order incorporating today's oral rulings and any agreement reached as a result of parties' continued discussions concerning the scope of the patent prosecution bar. If areas of disagreement remain, the parties shall also submit a redline version identifying these areas, and I will take the matter under advisement. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/26/14. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 142
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Telephonic Status Conference held on 2/26/2014. Parties continue to disagree on confidentiality issues and protective order language. Text order to follow. APPEARANCES: Thomas Fisher and Joseph Stanganelli for Plaintiff; John Christopher Rozendaal and William Christ for Defendant. (FTR GOLD) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 141
RESPONSE to Motion re (140 in 1:10-cv-00781-WMS-JJM, 104 in 1:12-cv-00211-WMS-JJM) MOTION for Protective Order (Letter) filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit A (Proposed Order), #2 Certificate of Service)Associated Cases: 1:10-cv-00781-WMS-JJM, 1:12-cv-00211-WMS-JJM(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 140
MOTION for Protective Order (Letter) by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., HP Hood LLC. (Attachments: #1 Exhibit A - Defendants' Proposed Protective Order, #2 Exhibit B - Bracketed Proposed Protective Order, #3 Certificate of Service)Associated Cases: 1:10-cv-00781-WMS-JJM, 1:12-cv-00211-WMS-JJM(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 139
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 10, 2014, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Debra L. Potocki, Telephone number 843/723-2208. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/28/2014. Associated Cases: 1:10-cv-00780-WMS-JJM et al.(DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 138
ANSWER to #106 Answer to Amended Complaint, Counterclaim by Steuben Foods, Inc..(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 137
ANSWER to #100 Amended Complaint, by Shibuya Kogyo Co., Ltd.. (Attachments: #1 Certificate of Service)(Rozendaal, John) [Transferred from New York Western on 11/25/2019.]
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Filing 136
TEXT ORDER : In accordance with today's proceeding, the parties shall confer in an effort to reach consensus regarding the scheduling and coordination of the claims construction portion of these actions. By March 24, 2014, the parties shall submit (jointly or individually) their proposals, which will be addressed at a conference scheduled for March 31, 2013 at 1:30 p.m. To the extent possible, in advance of the March 31, 2014 conference the parties shall file any motions that may delay the implementation of Case Management Order deadlines. The parties may participate by telephone in the March 31, 2014 conference upon advance notice to chambers. Additionally, in Steuben Food, Inc. v. Shibuya Hoppmann Corporation, et al., 10-cv-781(S)(M) and Steuben Foods, Inc. v. HP Hood LLC, 12-cv-211(S)(M), plaintiff shall serve its Asserted Claims and Preliminary Infringement Contentions by February 14, 2014, and the parties shall confer in an effort to reach agreement on a protective order, failing which they shall submit letters with their competing versions to me by January 24, 2014, and I will take the matter under advisement. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 1/10/14. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 135
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 1/10/2014. Continued discussion re discovery and scheduling issues. A further status conference is set for March 31, 2014 at 1:30 p.m. APPEARANCES: Thomas J. Fisher, Mark Eric Galvez, Joseph L. Stanganelli for Plaintiff; In-House Counsel for Plaintiff Cook Alciati; William D. Christ and John Christopher Rozendaal for Defendant. (FTR GOLD) (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 134
-CLERK TO FOLLOW UP-TEXT ORDER REASSIGNING CASE. Case reassigned to Hon. William M. Skretny for all further proceedings. Hon. Richard J. Arcara no longer assigned to case. Signed by Hon. Richard J. Arcara on 12/11/2013. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 133
NOTICE by Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd. of Withdrawal of Objections and Stipulated Order (Attachments: #1 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 132
MINUTE ENTRY AND ORDER: Proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 11/20/2013. APPEARANCES: Thomas J. Fisher and Joseph L. Stanganelli for Plaintiff; William D. Christ and John Christopher Rozendaal for Defendants. As agreed to by the parties at today's proceeding, by December 13, 2013 defendants shall disclose their core technical documents, which will be produced to plaintiff on an outside counsels' eyes only basis until further order of the court or agreement of the parties. A status conference is scheduled for January 10, 2014 at 9:30 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/20/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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*** MOTION TERMINATED *** #111 Motion to Stay denied per 130 . (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 131
TEXT ORDER : At the parties' request, the November 7, 2013 conference is rescheduled to November 20, 2013 at 10:00 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/5/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 130
TEXT ORDER : Defendant's motion for a stay of proceedings #111 is denied, for the reasons stated by Magistrate Judge Schroeder in Steuben Foods, Inc. v. GEA Process Engineering, Inc., et al., 2013 WL 5567499 (W.D.N.Y. 2013), involving several of the same patents at issue in this case. A further status conference will be held on November 7, 2013 at 9:30 a.m. Counsel may participate by telephone, upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 10/25/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 129
CERTIFICATE OF SERVICE by Steuben Foods, Inc. re #128 Reply/Response /Supplemental Submission re #111 (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 128
REPLY/RESPONSE to re #111 MOTION to Stay ; Supplemental Submission Regarding Recent PTO Developments, filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 127
RESPONSE in Support re #111 MOTION to Stay per Court's request of September 4, 2013 filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 126
ORDER granting #125 Motion for Leave to Appear Pro Hac Vice for Thomas J. Fisher, Esq. Signed by Hon. Jeremiah J. McCarthy on 7/12/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 125
MOTION for Leave to Appear pro hac vice by Steuben Foods, Inc.. (Attachments: #1 Affidavit Cronmiller Sponsoring Affidavit, #2 Affidavit Fisher Petition, Oaths, ECF forms, #3 Certificate of Service)(Cronmiller, Thomas) [Transferred from New York Western on 11/25/2019.]
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Filing 124
MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-1835001.) by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of T. Cronmiller, #2 Affidavit Affidavit of T. Fisher, #3 Certificate of Service)(Cronmiller, Thomas) [Transferred from New York Western on 11/25/2019.]
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Filing 123
REPLY/RESPONSE to re #122 Reply/Response of Steuben Foods June 5, 2013 Letter filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 122
REPLY/RESPONSE to re #121 Reply/Response filed by Steuben Foods, Inc.. (Attachments: #1 Certificate of Service)(Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 121
REPLY/RESPONSE to re 120 Order,, Cases Cited at Oral Argument filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 120
TEXT ORDER. In accordance with today's oral argument, the parties shall advise me by June 3, 2013 whether they agree to a six month stay of proceedings, without prejudice to the renewal and supplementation of their current positions at the conclusion of the stay. By May 29, 2013 plaintiff shall identify in writing the new cases it cited at oral argument and defendants may file a letter brief responding to these cases by June 5, 2013. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/24/2013. (CMD) [Transferred from New York Western on 11/25/2019.]
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Filing 119
Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument re: Defendants Motions for Stay Proceedings Pending Reexamination of Patents-in-Suit as to 10-CV-781A #111 and 12-CV-211A #81 held on 5/24/2013.Parties to notify the court by Monday June 3, 2013 their positions on court's suggestion to issue an order granting/denying in part on a 6-month basis without prejudice to the court or any party's position going forward.PRESENT: For Plaintiff: Joseph Stanganelli, Mark Eric Galvez and In-House Counsel, W. Cook Alciati. For Defts: John Christopher Rozendaal and William D. Christ (Court Reporter FTR Gold.) (LL) [Transferred from New York Western on 11/25/2019.]
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Filing 118
NOTICE of Appearance by Mark Eric Galvez on behalf of Steuben Foods, Inc. (Galvez, Mark) [Transferred from New York Western on 11/25/2019.]
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Filing 117
RESPONSE in Support re #111 MOTION to Stay Proceedings Pending Reexamination of Patents-in-Suit filed by Shibuya Hoppmann Corporation. (Attachments: #1 Declaration of Christopher C. Funk, Esq., #2 Exhibit A to Declaration of Christopher C. Funk, Esq., #3 Exhibit B to Declaration of Christopher C. Funk, Esq, #4 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 116
MEMORANDUM in Opposition re #111 MOTION to Stay Pending Reexamination filed by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 115
ORDER granting #113 Motion for Pro Hac Vice of Michael E. Joffre, Esq. Signed by Hon. Jeremiah J. McCarthy on 4/29/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 114
TEXT ORDER : Responses to defendants' motions to stay (10-cv-781 #111 and 12-cv-211 #81 ) shall be served and filed by May 7, 2013; replies, if any, shall be served and filed by May 14, 2013; and oral argument is scheduled for May 24, 2013 at 11:00 a.m. The parties may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 4/30/13. (DAZ) [Transferred from New York Western on 11/25/2019.]
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Filing 113
MOTION to appear pro hac vice Michael E. Joffre ( Filing fee $ 150 receipt number 0209-1789213.) by Shibuya Hoppmann Corporation. (Attachments: #1 Petition/Affidavit, #2 Exhibit 1 to Petition/Affidavit, #3 Exhibit 2 to Petition/Affidavit, #4 Declaration, #5 Exhibit A to Declaration, #6 Exhibit B to Declaration, #7 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Case reassigned to Hon. Jeremiah J. McCarthy. Hon. Hugh B. Scott no longer assigned to the case. (SG) [Transferred from New York Western on 11/25/2019.]
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Filing 112
TEXT ORDER: so that pretrial proceedings in this action and the related action pending at 12-CV-211-A are handled by the same Magistrate Judge, the TEXT ORDER REFERRING CASE 40 is amended effective today's date to refer the action to Magistrate Judge McCarthy upon withdrawal of the referrral from Magistrate Judge Scott. The Clerk is requested to make updates in CM-ECF necessary to effect the withdrawal and referral to Magistrate Judge McCarthy. Issued by Hon. Richard J. Arcara on April 15, 2013. (WJG) -CLERK FOLLOW-UP REQUIRED- [Transferred from New York Western on 11/25/2019.]
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Filing 111
MOTION to Stay by Shibuya Hoppmann Corporation. (Attachments: #1 Memorandum in Support, #2 Declaration of Christopher Funk, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Exhibit C to Declaration, #6 Exhibit D to Declaration, #7 Exhibit E to Declartion, #8 Exhibit F to Declaration, #9 Exhibit G to Declaration, #10 Exhibit H to Declaration, #11 Exhibit I to Declration, #12 Exhibit J to Declaration, #13 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 110
TEXT ORDER: the Motion of Steuben Foods, Inc. to Consolidate #94 is denied without prejudice to renewal or to consolidation sua sponte by the District Court. Issued by Hon. Richard J. Arcara on March 29, 2013. (WJG) [Transferred from New York Western on 11/25/2019.]
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MOTIONS REFERRED back to US District Judge - #94 MOTION to Consolidate Cases (JMM) [Transferred from New York Western on 11/25/2019.]
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Filing 109
TEXT ORDER approving #108 Stipulation filed by Steuben Foods, Inc.. SO ORDERED. Issued by Hon. Hugh B. Scott on 11/15/2012. (GAI) [Transferred from New York Western on 11/25/2019.]
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Filing 108
STIPULATION re #106 Answer to Amended Complaint, Counterclaim, #100 Amended Complaint, and [Proposed] Order by Steuben Foods, Inc.. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 107
WAIVER OF SERVICE Returned Executed by Steuben Foods, Inc.. Shibuya Kogyo Co., Ltd. waiver sent on 8/18/2012, answer due 11/16/2012. (Stanganelli, Joseph) [Transferred from New York Western on 11/25/2019.]
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Filing 106
ANSWER to #100 Amended Complaint,, COUNTERCLAIM against Steuben Foods, Inc. by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 105
DECLARATION OF CHRISTOPHER C. FUNK re APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Shibuya Hoppmann Corporation re #104 Appeal of Magistrate Judge Decision to District Court, #103 Appeal of Magistrate Judge Decision to District Court, (Attachments: #1 Exhibit A)(Peloza, Scott) Modified on 8/20/2012 to correctly identify document filed (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 104
MEMORANDUM IN SUPPORT OF APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Shibuya Hoppmann Corporation re #103 Appeal of Magistrate Judge Decision to District Court, (Peloza, Scott) Modified on 8/20/2012 to correctly identify document filed (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 103
APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Shibuya Hoppmann Corporation re #97 Order on Motion for Protective Order, Order on Motion to Compel, Order on Motion to Stay, Order on Motion to Amend/Correct,,,,,,,, (Attachments: #1 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 102
Summons Issued as to Shibuya Kogyo Co., Ltd.. (DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 101
REPLY/RESPONSE to re #98 Memorandum in Opposition to Motion to Consolidate Cases filed by Steuben Foods, Inc.. (Alciati, William) [Transferred from New York Western on 11/25/2019.]
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Filing 100
AMENDED COMPLAINT against Shibuya Hoppmann Corporation, Shibuya Kogyo Co., Ltd., filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Proposed Summons, #8 Certificate of Service)(Cronmiller, Thomas) [Transferred from New York Western on 11/25/2019.]
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Filing 99
DECLARATION signed by Christopher C. Funk re #98 Memorandum in Opposition to Motion filed by Shibuya Hoppmann Corporation filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit A part 1, #2 Exhibit A part 2, #3 Exhibit A part 3, #4 Exhibit A part 4, #5 Exhibit A part 5, #6 Exhibit A part 6)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 98
MEMORANDUM in Opposition re #94 MOTION to Consolidate Cases filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 97
DECISION AND ORDER denying without prejudice #53 Motion for Protective Order; denying without prejudice #73 Motion to Compel; denying without prejudice #73 Motion to Stay; granting #76 Motion to Amend or Correct; denying without prejudice #77 Motion to Compel; denying without prejudice #77 Motion to Stay.Signed by Hon. Hugh B. Scott on 8/3/2012. (GAI) [Transferred from New York Western on 11/25/2019.]
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Filing 96
NOTICE of Appearance by Scott T. Peloza on behalf of Shibuya Hoppmann Corporation (Peloza, Scott) [Transferred from New York Western on 11/25/2019.]
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Filing 95
TEXT ORDER: the motion to consolidate of plaintiff Steuben Foods, Inc. #94 shall be heard by the District Court. The response of defendant Shibuya Hoppmann Corporation shall be due August 6, 2012. The plaintiff shall file a reply due August 13, 2012. Oral argument will be at the discretion of the Court. Issued by Hon. Richard J. Arcara on July 17, 2012. (WJG) [Transferred from New York Western on 11/25/2019.]
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Filing 94
MOTION to Consolidate Cases by Steuben Foods, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Memorandum in Support, #9 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 93
REPLY/RESPONSE to re #80 Memorandum in Opposition to Motion, and in support of SHC Motion Dkt. No. 74 filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 92
DECLARATION signed by Melanie L. Bostwick re #87 Reply to Response to Motion filed by Shibuya Hoppmann Corporation filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit Exhibit 1, #2 Certificate of Service)(Bostwick, Melanie) [Transferred from New York Western on 11/25/2019.]
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Filing 91
DECLARATION signed by Kazuhiro Miyamae re #87 Reply to Response to Motion filed by Shibuya Hoppmann Corporation filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Bostwick, Melanie) [Transferred from New York Western on 11/25/2019.]
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Filing 90
REPLY to Response to Motion re #76 MOTION to Amend/Correct Leave to Amend Complaint to add Shibuya Kogyo Co., Ltd. filed by Steuben Foods, Inc.. (Attachments: #1 Certificate of Service)(Alciati, William) [Transferred from New York Western on 11/25/2019.]
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Filing 89
***Duplicate of Document #92*** DECLARATION signed by Melanie L. Bostwick re #87 Reply to Response to Motion filed by Shibuya Hoppmann Corporation filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit)(Bostwick, Melanie) Modified on 4/10/2012 (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 88
***Duplicate of Document #91*** DECLARATION signed by Kazuhiro Miyamae re #87 Reply to Response to Motion filed by Shibuya Hoppmann Corporation filed by Shibuya Hoppmann Corporation. (Bostwick, Melanie) Modified on 4/10/2012 (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 87
REPLY to Response to Motion re #77 Amended MOTION to Compel MOTION to Stay filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Bostwick, Melanie) [Transferred from New York Western on 11/25/2019.]
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Filing 86
ORDER granting #83 Motion for Pro Hac Vice as to Melanie Bostwick. Signed by Hon. Hugh B. Scott on 4/2/2012. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 85
NOTICE by Shibuya Hoppmann Corporation of Kfir B. Levy, Esq. withdrawal as counsel for Shibuya Hoppmann Corporation (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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CONFIRMED ADMISSION TO THE STATE BAR for the District of Columbia as to Melanie L Bostwick. (DLC) [Transferred from New York Western on 11/25/2019.]
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Filing 84
ORDER granting #67 Motion for Pro Hac Vice. Signed by Hon. Hugh B. Scott on 3/29/2012. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 83
MOTION to appear pro hac vice Melanie L. Bostwick ( Filing fee $ 75 receipt number 0209-1563418.) by Shibuya Hoppmann Corporation. (Attachments: #1 Declaration of Robert L. Lash in Support, #2 Exhibit A to Robert Lash Declaration, #3 Exhibit B to Robert L. Lash Declaration, #4 Affidavit of Melanie L. Bostwick with Exhibits 1 and 2, #5 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 82
DECLARATION signed by John Christopher Rozendaal re #81 Memorandum in Opposition to Motion filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 81
MEMORANDUM in Opposition re #76 MOTION to Amend/Correct Leave to Amend Complaint to add Shibuya Kogyo Co., Ltd. filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 80
MEMORANDUM in Opposition re #77 Amended MOTION to Compel MOTION to Stay, #73 Third Party MOTION to Compel Infringement Contentions MOTION to Stay Scheduling Order filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 79
REPLY/RESPONSE to re #53 MOTION for Protective Order, #64 Order, Set Deadlines/Hearings Supplemental Reply filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 78
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThe defendant has filed a motion to compel infringement contentions and to stay the scheduling order (Docket Nos. 73 and 77). The plaintiff has filed a motion to amend the complaint (Docket No. 76).The respective parties shall file responses to the motions by March 27, 2012. Replies, if any, shall be filed by April 6, 2012. The motions will be deemed submitted without oral argument unless otherwise determined upon review of the papers. So Ordered.Signed by Hon. Hugh B. Scott on 3/13/2012. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 77
Amended MOTION to Compel, MOTION to Stay by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 76
MOTION to Amend/Correct Leave to Amend Complaint to add Shibuya Kogyo Co., Ltd. by Steuben Foods, Inc.. (Attachments: #1 Declaration of Joseph L. Stanganelli, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Memorandum in Support, #8 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 75
DECLARATION signed by Melanie L. Bostwick re #73 Third Party MOTION to Compel Infringement Contentions MOTION to Stay Scheduling Order, #74 Memorandum in Support filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 74
MEMORANDUM IN SUPPORT re #73 Third Party MOTION to Compel Infringement Contentions MOTION to Stay Scheduling Order byShibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 73
Third Party MOTION to Compel Infringement Contentions, MOTION to Stay Scheduling Order by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 72
Mediation Certification by Mediator John E. Kidd.(JEC) [Transferred from New York Western on 11/25/2019.]
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Filing 71
REPLY/RESPONSE to re #53 MOTION for Protective Order, #64 Order, Set Deadlines/Hearings filed by Shibuya Hoppmann Corporation. (Attachments: #1 Affidavit Declarartion of Melanie L. Bostwick, #2 Exhibit Exhibit A to Bostwick Declaration, #3 Exhibit Exhibit B to Bostwick Declaration, #4 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 70
REPLY/RESPONSE to re #53 MOTION for Protective Order, #64 Order, Set Deadlines/Hearings filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 69
NOTICE of Appearance by William Cook Alciati on behalf of Steuben Foods, Inc. (Alciati, William) [Transferred from New York Western on 11/25/2019.]
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Filing 68
REPLY/RESPONSE - please note that the attachment to this entry has been removed as it was in letter form and filer notified of same. Modified on 2/23/2012 (JMM). [Transferred from New York Western on 11/25/2019.]
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Filing 67
MOTION to appear pro hac vice of Joseph L. Stanganelli ( Filing fee $ 75 receipt number 0209-1540780.) by Steuben Foods, Inc.. (Attachments: #1 Affidavit Declaration of Brian G. Manka in support of motion to admit Joseph L. Stanganelli pro hac vice, #2 Affidavit of Joseph L. Stanganelli for admission pro hac vice, #3 Exhibit Exhibit A - Attorney Oath, #4 Exhibit Exhibit B - Oath of Office, #5 Supplement Attorney Database Information, #6 Supplement ECF Registration)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 66
STATUS REPORT - please note that the attachment to this entry has been removed as it was in letter form and filer notified of same. Modified on 2/23/2012 (JMM). [Transferred from New York Western on 11/25/2019.]
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Filing 65
ORDER approving stipulation #63 . Signed by Hon. Hugh B. Scott on 2/15/2012. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 64
ORDER directing the filing of supplemental papers ( Responses due by 2/29/2012, Replies due by 3/15/2012). Signed by Hon. Hugh B. Scott on 2/15/2012. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 63
STIPULATION and Proposed Order to Supplement Claims and Contentions and to Amend Scheduling Order by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 62
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERDue to a further conflict in the Court's calendar, the argument with respect to the motion for a protective order (Docket No. 53) set for December 21, 2011 is cancelled. The motion will be deemed submitted without oral argument unless otherwise determined upon review of the papers. So Ordered.Signed by Hon. Hugh B. Scott on 12/19/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 61
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERDue to a conflict in the Court's calendar, the argument with respect to the motion for a protective order set for December 13, 2011 is adjourned to December 21, 2011 at 2:00 pm before the undersigned. So Ordered.Signed by Hon. Hugh B. Scott on 12/9/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 60
DECLARATION signed by Christopher C. Funk re #53 MOTION for Protective Order, #58 Reply/Response filed by Shibuya Hoppmann Corporation (Corrected to Include Exhibits). (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 59
DECLARATION re #53 MOTION for Protective Order, #58 Reply/Response filed by Shibuya Hoppmann Corporation Reply Declaration of Christopher C. Funk in Support of Motion. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 58
REPLY/RESPONSE to re #53 MOTION for Protective Order Reply Memorandum in Support of Motion filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 57
Stipulation-Selection of Mediator by Steuben Foods, Inc.(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 56
MEMORANDUM in Opposition re #53 MOTION for Protective Order filed by Steuben Foods, Inc.. (Attachments: #1 Exhibit 1)(Oropallo, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 55
DECLARATION signed by Christopher C. Funk re #54 MOTION for Protective Order Memorandum of Law in Support, #53 MOTION for Protective Order filed by Shibuya Hoppmann Corporation in Support of Motion for Protective Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 54
MEMORANDUM IN SUPPORT of #53 MOTION by Shibuya Hoppmann Corporation. (Attachments: #1 Appendix, #2 Certificate of Service)(Lash, Robert) Modified on 11/17/2011 to correctly identify document filed (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 53
MOTION for Protective Order by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 52
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.)Motion for protective order shall be filed by 11/16/2011; Responses due by 11/30/2011. Replies due by 12/7/2011. Oral Argument set for 12/13/2011 02:00 PM before Hon. Hugh B. Scott. First Mediation Session due by 2/29/2012. Mediation To End by 12/31/2012.All motions to join other parties and to amend the pleadings shall be filed on or before December 2, 2011. The plaintiff shall serve its Asserted Claims and Preliminary Infringement Contentions and a Document Production Accompanying Disclosure by January 19, 2012. The defendant shall serve its Invalidity Contentions and a Document Production Accompanying Invalidity Contentions by March 19, 2012. The parties shall exchange proposed terms for Construction and identify terms governed by 35 U.S.C. 112(6) by April 17, 2012. The parties shall meet and confer for the purpose of limiting disputed terms and facilitating the Joint Claim Construction and Prehearing Statement on April 24, 2012. The parties shall exchange their Preliminary Claim Constructions, identify supporting intrinsic evidence, and disclose extrinsic evidence by May 8, 2012. The parties shall meet and confer for the purposes of limiting disputed terms and facilitating the Joint Claim Construction and Prehearing Statement on May 15, 2012. The parties shall filed their Joint Claim Construction and Prehearing Statement by June 12, 2012. Upon the filing of the Joint Claim Construction and Prehearing Statement, the parties shall contact the Chambers of Hon. Richard J. Arcara to schedule the Claim Construction Hearing. The parties shall file their opening claim construction briefs and supporting evidence by July 27, 2012. The parties shall file their opposing claim construction briefs by August 27, 2012. The Claim Construction Hearing shall take place before Hon. Richard J. Arcara. A further scheduling conference will be conducted by the undersigned to set dates for the remaining pretrial proceedings after Judge Arcara issues a claim construction order. Signed by Hon. Hugh B. Scott on 11/2/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 51
MINUTES FOR THE PROCEEDINGS OF HON. HUGH B. SCOTTUNITED STATES MAGISTRATE JUDGEWESTERN DISTRICT OF NEW YORK A scheduling conference was held on November 2, 2011. B. Manka and M. Oropallo for plaintiff; W. Christ and J. Rozendaal for defendant. The Court to issue scheduling order including dates up to the Claim Construction Hearing to be held by Hon. Richard. J. Arcara. The parties to file motion relating to confidentiality issues pursuant to dates included in initial scheduling order. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 50
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Certificate of Service)(Oropallo, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 49
REPORT of Rule 26(f) Planning Meeting. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 48
DISCOVERY PLAN by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit A, #2 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 47
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERDue to a conflict in the Court's calendar, the scheduling conference set for October 28, 2011 is adjourned to November 2, 2011 at 2:00 p.m. before the undersigned.So Ordered.Signed by Hon. Hugh B. Scott on 11/21/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 46
ORDER granting #43 Motion for Pro Hac Vice. Signed by Hon. Hugh B. Scott on 10/13/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 45
CONTINUATION OF EXHIBITS to #43 MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1460517.) Attorney CMECF Registration Form. (Attachments: #1 Attorney Database Form, #2 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 44
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERBy letter dated September 30, 2011 (attached), the defendants have requested adjournment of the scheduling conference in this case. The scheduling conference is adjourned to October 28, 2011 at 2:00 p.m. before the undersigned. So Ordered.Signed by Hon. Hugh B. Scott on 10/3/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 43
MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1460517.) by Shibuya Hoppmann Corporation. (Attachments: #1 Affidavit, #2 Affidavit, #3 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 42
ANSWER to #39 Answer to Complaint, Counterclaim of Shibuya Hoppmann Corporation by Steuben Foods, Inc.. (Attachments: #1 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 41
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDERThis case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on October 19, 2011 at 2:30 p.m., in the chambers of the undersigned. PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties are to have exchanged initial disclosures as required by Rule 26(a)(1); (2) the parties are to have met or conferred as required under Rule 26(f); and (3) the parties are to have submitted a proposed discovery plan to the Court at least 7 days prior to the scheduling conference as also required by Rule 26(f). Also, the Magistrate Judge is available to conduct any or all proceedings in a jury or non-jury civil matter and to order the entry of judgment in the case pursuant to 28 U.S.C. 636(c). Attached hereto is a Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge, together with a consent form, for consideration by the parties. The parties are encouraged to consider and act favorably on such consents; however, it is emphasized that there will be no substantive adverse consequences should the parties elect not to do so. So Ordered.Signed by Hon. Hugh B. Scott on 9/8/2011. (JRA) [Transferred from New York Western on 11/25/2019.]
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Filing 40
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED.. Signed by Hon. Richard J. Arcara on 9/7/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 39
ANSWER to #1 Complaint, COUNTERCLAIM against Steuben Foods, Inc. by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 38
DECISION AND ORDER denying defendant's motions to dismiss #7 and to stay pending patent re-examination #9 . Defendant to answer the complaint within 20 days of entry of this Decision and Order. Signed by Hon. Richard J. Arcara on 8/15/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 37
REPLY/RESPONSE to re #34 Reply/Response case law pertinent to certain arguments made at July 25, 2011 hearing filed by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Minute Entry for proceedings held 7/25/2011 before Hon. Richard J. Arcara. Oral Argument is held as to #7 Motion to Dismiss Complaint filed by defendant and #9 Motion to Stay Proceedings Pending Re-Examination of Certain Patents in Suit filed by defendant. Decision is reserved. Appearances: Pltf - Michael Oropallo, Brian Manka and Christopher Blank; Deft - John Rozendaal and William Christ (Court Reporter Yvonne Garrison.) (DJD) [Transferred from New York Western on 11/25/2019.]
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Filing 36
REPLY/RESPONSE to re #34 Reply/Response filed by Shibuya Hoppmann Corporation. (Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 35
***Please disregard-replaced with document #36*** REPLY/RESPONSE to re #34 Reply/Response filed by Shibuya Hoppmann Corporation. (Christ, William) Modified on 7/26/2011 (DR). [Transferred from New York Western on 11/25/2019.]
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Filing 34
REPLY/RESPONSE to re #24 Reply to Response to Motion filed by Steuben Foods, Inc.. (Attachments: #1 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 33
TEXT ORDER denying #32 Motion to strike and granting #32 Motion to file sur-reply. The sur-reply shall be filed on or before 7/20/2011. Any response to the sur-reply shall be filed on or before 7/22/2011. Neither the sur-reply nor any response shall exceed five total pages. SO ORDERED.Signed by Hon. Richard J. Arcara on 7/19/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 32
MOTION to Strike the Declaration of Mark Flanagan (Dkt. # 24-1), MOTION for Leave to File Sur-Reply Memorandum of Law by Steuben Foods, Inc.. (Attachments: #1 Memorandum in Support, #2 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 31
TEXT ORDER. Defendant filed #29 Motion to Adjourn Oral Argument. The motion is granted. The 5/23/2011 oral argument as to #7 Motion to Dismiss Complaint filed by defendant and #9 motion to Stay Pending Re-Examination of Certain Patents in Suit filed by defendant is adjourned to 7/25/2011 at 02:00 PM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on May 19, 2011. (DJD) [Transferred from New York Western on 11/25/2019.]
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Filing 30
TEXT ORDER granting #26 Motion for Pro Hac Vice ; granting #27 Motion for Pro Hac Vice. Signed by Hon. Richard J. Arcara on 5/12/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 29
MOTION to Adjourn Oral Argument on Pending Motions to Dismiss or Stay Proceedings by Shibuya Hoppmann Corporation. (Attachments: #1 Appendix Declaration of Robert L. Lash, #2 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 28
DECLARATION signed by Robert L. Lash re #26 MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1378249.) MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1378249.) filed by Shibuya Hoppmann Corporation AMENDED DECLARATION. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 27
MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1378262.) by Shibuya Hoppmann Corporation. (Attachments: #1 Affidavit Declaration of Robert L. Lash, #2 Affidavit Petition/Affidavit of Christopher C. Funk, #3 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 26
MOTION to appear pro hac vice ( Filing fee $ 75 receipt number 0209-1378249.) by Shibuya Hoppmann Corporation. (Attachments: #1 Affidavit Declaration of Robert L. Lash, #2 Affidavit Petition/Affidavit of John Christopher Rozendaal, #3 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 25
REPLY to Response to Motion re #9 MOTION to Stay Pending Re-Examination of Certain Patents in Suit filed by Shibuya Hoppmann Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 24
REPLY to Response to Motion re #7 MOTION to Dismiss Complaint filed by Shibuya Hoppmann Corporation. (Attachments: #1 Affidavit Declaration of Mark Flanagan, #2 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 23
TEXT ORDER granting #22 Motion for Leave to File Excess Pages. Signed by Hon. Richard J. Arcara on 4/27/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 22
MOTION for Leave to File Excess Pages for Reply Memorandum in Support of Motion to Dismiss by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 21
NOTICE of Appearance by Michael A. Oropallo on behalf of Steuben Foods, Inc. (Attachments: #1 Certificate of Service Certificate of Service)(Oropallo, Michael) [Transferred from New York Western on 11/25/2019.]
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Filing 20
MEMORANDUM in Opposition re #9 MOTION to Stay Pending Re-Examination of Certain Patents in Suit filed by Steuben Foods, Inc.. (Attachments: #1 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 19
MEMORANDUM in Opposition re #8 MOTION to Dismiss (Memorandum in Support), #7 MOTION to Dismiss Complaint filed by Steuben Foods, Inc.. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B part 1, #4 Exhibit B part 2, #5 Certificate of Service)(Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 18
ORDER finding as moot #13 Motion to Adjourn. Signed by Hon. Richard J. Arcara on 3/10/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 17
TEXT ORDER approving #16 Stipulation. Plaintiff shall file any response to defendant's pending motions (Dkt.Nos. 7, 9) on or before 4/4/2011. Defendant shall file any reply papers on or before 5/4/2011. The court will advise the parties regarding oral argument. SO ORDERED. Signed by Hon. Richard J. Arcara on 3/10/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 16
STIPULATION re #7 MOTION to Dismiss Complaint, #9 MOTION to Stay Pending Re-Examination of Certain Patents in Suit by Steuben Foods, Inc.. (Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 15
TEXT ORDER approving #14 Stipulation filed by Steuben Foods, Inc. The Court will advise the parties as to a date for oral argument. Signed by Hon. Richard J. Arcara on 2/3/2011. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 14
STIPULATION re #7 MOTION to Dismiss Complaint, #9 MOTION to Stay Pending Re-Examination of Certain Patents in Suit by Steuben Foods, Inc.. (Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 13
MOTION to Adjourn Oral argument of Defendant's motions to dismiss, Plaintiff's Complaint or for a stay of proceedings to April 1, 2011 by Shibuya Hoppmann Corporation. (Attachments: #1 Declaration of William D. Christ, #2 Certificate of Service)(Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 12
TEXT ORDER approving #11 Stipulation. Plaintiffs time to respond to defendants #7 MOTION to Dismiss and #9 MOTION to Stay is extended to 2/4/2011. Defendants time to file any reply thereto is extended to 2/25/2011. Oral argument previously scheduled for 1/31/2011 is adjourned to 3/24/2011 at 02:00 PM. SO ORDERED. Signed by Hon. Richard J. Arcara on 12/27/2010. (JDK) [Transferred from New York Western on 11/25/2019.]
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Filing 11
STIPULATION re #7 MOTION to Dismiss Complaint, #9 MOTION to Stay Pending Re-Examination of Certain Patents in Suit by Steuben Foods, Inc.. (Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 10
TEXT ORDER re #9 Motion to Stay. Plaintiff shall file any responding papers on or before 12/29/2010, after which the matter will be deemed submitted pursuant to Fed. R. Civ. P. 78(b). SO ORDERED. Signed by Hon. Richard J. Arcara on 12/17/2010. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 9
MOTION to Stay Pending Re-Examination of Certain Patents in Suit by Shibuya Hoppmann Corporation. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 8
MEMORANDUM IN SUPPORT #7 by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) Modified on 12/13/2010 to correct docketing event(DR). [Transferred from New York Western on 11/25/2019.]
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Filing 7
MOTION to Dismiss Complaint by Shibuya Hoppmann Corporation. (Attachments: #1 Certificate of Service)(Lash, Robert) [Transferred from New York Western on 11/25/2019.]
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Filing 6
TEXT ORDER APPROVING #5 Stipulation filed by Shibuya Hoppmann Corporation. Shibuya Hoppmann Corporation answer due 12/10/2010. SO ORDERED. Signed by Hon. Richard J. Arcara on 10/21/2010. (JMB) [Transferred from New York Western on 11/25/2019.]
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Filing 5
STIPULATION AND ORDER by Shibuya Hoppmann Corporation. (Christ, William) [Transferred from New York Western on 11/25/2019.]
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Filing 4
SUMMONS Returned Executed by Steuben Foods, Inc.. Shibuya Hoppmann Corporation served on 10/1/2010, answer due 10/22/2010. (Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 3
AFFIDAVIT of Service for Summons and Complaint with Summons and Affidavit of Service by Mail served on Shibuya Hoppmann Corporation on 10/1/2010, filed by Steuben Foods, Inc.. (Manka, Brian) [Transferred from New York Western on 11/25/2019.]
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Steuben Foods, Inc.. (DR) [Transferred from New York Western on 11/25/2019.]
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Filing 1
COMPLAINT against Shibuya Hoppmann Corporation, filed by Steuben Foods, Inc.. (Attachments: #1 Continuation)(DR) [Transferred from New York Western on 11/25/2019.]
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AUTOMATIC REFERRAL to Mediation. (DR) [Transferred from New York Western on 11/25/2019.]
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Summons Issued as to Shibuya Hoppmann Corporation. (DR) [Transferred from New York Western on 11/25/2019.]
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