GOLO, LLC v. Goli Nutrition, Inc. et al
GOLO, LLC |
Goli Nutrition Inc., Goli Nutrition, Inc. and Michael Bitensky |
1:2020cv00667 |
May 18, 2020 |
US District Court for the District of Delaware |
Richard G Andrews |
Trademark |
15 U.S.C. § 1114 |
Plaintiff |
Docket Report
This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 133 SO ORDERED Granting #132 Stipulation and [Proposed] Federal Rule of Evidence 502(d) Order. Signed by Judge Richard G. Andrews on 11/14/2022. (nms) |
Filing 132 STIPULATION and [Proposed] Federal Rule of Evidence 502(d) Order by Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Text of Proposed Order)(Biggs, Brian) Modified on 1/18/2022 (nms). |
Filing 131 NOTICE OF SERVICE of Defendant Goli Nutrition Inc., A Delaware Corporation's Amended and Supplemental Responses to Plaintiff's first set of RFPs (1-57), Second Amended and Supplemental Responses to Plaintiffs Interrogatory Nos. 1-12 (portions designated CONFIDENTIAL and HIGHLY CONFIDENTIAL), Verification page for the Second Amended and Supplemental Responses to Plaintiff's Interrogatory Nos. 1-12, Defendant Goli Nutrition Inc., A Canadian Corporation's Amended and Supplemental Responses to Plaintiff's first set of RFPs (1-57), Second Amended and Supplemental Responses to Plaintiff's Interrogatory Nos. 1-12 (portions designated CONFIDENTIAL and HIGHLY CONFIDENTIAL), and Verification page for the Second Amended and Supplemental Responses to Plaintiff's Interrogatory Nos. 1-12 filed by Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc..(O'Byrne, Stephanie) Modified on 1/18/2022 (nms). |
Filing 130 NOTICE OF SERVICE of (1) Defendant Goli Nutrition Inc., a Canadian Corporation's Responses and Objections to Golo LLC's Second Set of Requests for Production, (2) Defendant Goli Nutrition Inc., a Delaware Corporation's Responses and Objections to Golo LLC's Second Set of Requests for Production, (3) Defendant, Goli Nutrition Inc. A Canadian Corporation's Responses and Objections to Golo LLC's Third Set of Interrogatories, (4) Defendant Goli Nutrition Inc., a Delaware Corporation's Responses and Objections to Golo's Third Set of Interrogatories (5) Verification of Defendant Goli Nutrition Inc., A Canadian Corp.'s Responses and Objections to Golo LLC's Third Set of Interrogatories, and (6) Verification of Defendant, Goli Nutrition Inc., a Delaware Corp's Responses and Objections to Goli LLC's Third Set of Interrogatories filed by Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc..(O'Byrne, Stephanie) Modified on 1/18/2022 (nms). |
Pro Hac Vice Attorney Andrew Jay Peck for Michael Bitensky, Goli Nutrition Inc.,and Goli Nutrition, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) Modified on 1/18/2022 (nms). |
Filing 129 NOTICE of Appearance by Stephanie E. O'Byrne on behalf of Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc. (Attachments: #1 Certificate of Service)(O'Byrne, Stephanie) Modified on 1/18/2022 (nms). |
Filing 128 MOTION for Pro Hac Vice Appearance of Attorney Andrew Jay Peck - filed by Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Andrew Jay Peck)(Biggs, Brian) Modified on 1/18/2022 (nms). |
SO ORDERED, re #128 MOTION for Pro Hac Vice Appearance of Attorney Andrew Jay Peck, filed by Michael Bitensky, Goli Nutrition, Inc., Goli Nutrition Inc.. Signed by Judge Richard G. Andrews on 1/6/2022. (nms) Modified on 1/18/2022 (nms). |
SO ORDERED, re #127 STIPULATION and Proposed Order to Extend Time (*Reset Answer Deadlines: Michael Bitensky answer due 1/31/2022; Goli Nutrition Inc. answer due 1/31/2022; Goli Nutrition, Inc. answer due 1/31/2022). Signed by Judge Richard G. Andrews on 1/3/2022. (nms) |
Filing 127 STIPULATION and Proposed Order to Extend Time to file response to First Amended Complaint to January 31, 2022 - filed by Michael Bitensky, Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 1/3/2022 (nms). Modified on 1/18/2022 (nms). |
Filing 126 NOTICE OF SERVICE of GOLO LLC's Fourth Set of Interrogatories to Defendant Goli Nutrition, Inc., a Canadian Corporation filed by GOLO, LLC.(Stover, Chad) |
Filing 125 NOTICE OF SERVICE of 1) GOLO LLC's Third Set of Requests for Production of Documents to Defendant Goli Nutrition, Inc., a Delaware Corporation and 2) GOLO LLC's Third Set of Requests for Production of Documents to Defendant Goli Nutrition, Inc., a Canadian Corporation filed by GOLO, LLC.(Stover, Chad) |
CORRECTING ENTRY: The docket text for D.I. #124 has been corrected to reflect that the defendants are Goli Nutrition, Inc., a Canadian Corporation, Goli Nutrition, Inc., a Delaware Corporation and Michael Bitensky. The filing initially reflect the case was against GOLO, LLC. (nms) |
Filing 124 First Amended Complaint against Goli Nutrition, Inc., a Canadian Corporation, Goli Nutrition, Inc., a Delaware Corporation, and Michael Bitensky, filed by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stover, Chad) Modified on 12/21/2021 (nms). |
Minute Entry for proceedings held before Judge Richard G. Andrews - Discovery Conference held on 12/13/2021. Counsel for Plaintiff: J. Blumenfeld. Counsel for Defendants: B. Biggs. (Court Reporter Heather Triozzi.) (lak) |
Filing 123 ORDER: GOLO's Motion for Leave to add Michael Bitensky ("Bitensky") as a defendant with respect to GOLO's existing trademark claims is GRANTED. GOLO's Motion to for Leave to add false advertising claims against Defendants Goli Nutrition, Inc. (Canada), Goli Nutrition, Inc. (Delaware), and Bitensky is GRANTED. GOLO has alleged sufficient facts related to injury and causation to satisfy the pleading requirements of Article III standing and statutory standing under the Lanham Act. GOLO's Motion for Leave to add Better Nutritionals and Dr. Heidi Regenass as defendants to any of its claims is DENIED for lack of personal jurisdiction. Signed by Judge Richard G. Andrews on 12/13/2021. (nms) |
Filing 122 NOTICE OF SERVICE of (i) Plaintiff GOLO, LLC's Third Set of Interrogatories to Defendant Goli Nutrition Inc., a Delaware Corp., (ii) GOLO LLC's Third Set of Interrogatories to Defendant Goli Nutrition Inc., a Canadian Corp., (iii) GOLO LLC's Second Set of Requests for Production of Documents to Defendant Goli Nutrition Inc., a Delaware Corp., and (iv) GOLO LLC's Second Set of Requests for Production of Documents to Defendant Goli Nutrition Inc., a Canadian Corp filed by GOLO, LLC.(Stover, Chad) |
Filing 121 Letter to The Honorable Richard G. Andrews, from Brian A. Biggs, regarding response to letter for the December 13, 2021 conference (D.I. #120 ). (Attachments: #1 Exhibit A, #2 Proposed Order)(Biggs, Brian) Modified on 12/7/2021 (nms). |
Filing 120 Letter to The Honorable Richard G. Andrews from Jack B. Blumenfeld regarding discovery dispute. (Attachments: #1 Exhibits 1-7, #2 Text of Proposed Order)(Blumenfeld, Jack) |
Filing 119 ORAL ORDER: The parties have advised that a dispute has arisen requiring judicial attention. The Court will hold a discovery conference on 12/13/2021, at 3:00 PM. In preparation for this conference the parties shall follow the Discovery Matters and Disputes procedure as set forth in the Scheduling Order. The conference will be held using Teams. A joint email with the email addresses for all those participating in the conference shall be due to the Court's Case Manager by 4:00 PM on 12/6/2021. Ordered by Judge Richard G. Andrews on 11/29/2021. (nms) |
Filing 118 NOTICE OF SERVICE of (1) Defendant Goli Nutrition Inc., a Canadian Corporations Supplemental Responses and Objections to Plaintiff Golo LLCs First Set of Interrogatories and (2) Defendant Goli Nutrition Inc., a Delaware Corporations Supplemental Responses and Objections to Plaintiff Golo LLCs First Set of Interrogatories filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 117 NOTICE OF SERVICE of Plaintiff GOLO, LLC's Second Amended and Supplemental Responses and Objections to Defendants' First Set of Interrogatories (Nos. 1-22) filed by GOLO, LLC.(Stover, Chad) |
Filing 116 Letter to The Honorable Richard G. Andrews, from Jack B. Blumenfeld, regarding request for oral argument. (Blumenfeld, Jack) Modified on 10/29/2021 (nms). |
Filing 115 REPLY BRIEF re #106 MOTION for Leave to File a First Amended Complaint filed by GOLO, LLC. (Stover, Chad) |
Filing 114 NOTICE OF SERVICE of Defendant Goli Nutrition Inc., a Delaware Corp. responses and objection to Plaintiff GOLO LLCs Second Set of Interrogatories, and Defendant Goli Nutrition Inc., a Canadian Corp. responses and objections to Plaintiff GOLO LLCs Second Set of Interrogatories filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 113 NOTICE OF SERVICE of Plaintiff GOLO, LLC's Responses and Objections to Defendants' Second Set of Interrogatories (Nos. 23) filed by GOLO, LLC.(Stover, Chad) |
SO ORDERED, re #110 MOTION for Pro Hac Vice Appearance of Attorney Melissa A. Reinckens, filed by Goli Nutrition, Inc., Goli Nutrition Inc.. Signed by Judge Richard G. Andrews on 10/12/2021. (nms) |
Filing 112 DECLARATION of Tamar Y. Duvdevani re #111 Answering Brief in Opposition, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Biggs, Brian) Modified on 10/8/2021 (nms). |
Filing 111 ANSWERING BRIEF in Opposition re #106 MOTION for Leave to File a First Amended Complaint, filed by Goli Nutrition Inc., Goli Nutrition, Inc..Reply Brief due date per Local Rules is 10/15/2021. (Biggs, Brian) Modified on 10/8/2021 (nms). |
Filing 110 MOTION for Pro Hac Vice Appearance of Attorney Melissa A. Reinckens - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Melissa Reinckens)(Biggs, Brian) |
Filing 109 STIPULATION TO EXTEND TIME for Defendants to Respond to Plaintiff's Motion for Leave to File a First Amended Complaint and Plaintiff's Reply Brief to October 8, 2021 and October 22, 2021 - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) |
SO ORDERED, re #109 STIPULATION and Order to Extend Time (*Reset Briefing Schedule: re #106 MOTION for Leave to File a First Amended Complaint. (Answering Brief due 10/8/2021, Reply Brief due 10/22/2021). Signed by Judge Richard G. Andrews on 9/21/2021. (nms) |
Filing 108 DECLARATION of Allison Buchner re #107 Opening Brief in Support, by GOLO, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stover, Chad) Modified on 9/20/2021 (nms). |
Filing 107 OPENING BRIEF in Support re #106 MOTION for Leave to File a First Amended Complaint, filed by GOLO, LLC.Answering Brief/Response due date per Local Rules is 10/1/2021. (Stover, Chad) Modified on 9/20/2021 (nms). |
Filing 106 MOTION for Leave to File a First Amended Complaint - filed by GOLO, LLC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B)(Stover, Chad) Modified on 9/20/2021 (nms). |
Filing 105 NOTICE of Appearance by Jack B. Blumenfeld on behalf of GOLO, LLC (Blumenfeld, Jack) |
Filing 104 NOTICE OF SERVICE of 1) GOLO, LLC's Second Set of Interrogatories to Defendant Goli Nutrition Inc., a Delaware Corporation and 2) GOLO, LLC's Second Set of Interrogatories to Defendant Goli Nutrition Inc., a Canadian Corporation filed by GOLO, LLC.(Stover, Chad) |
Filing 103 NOTICE OF SERVICE of Defendants' Second Set of Interrogatories to Plaintiff Golo, LLC (No. 23) filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 102 Letter to The Honorable Richard G. Andrews from Brian A. Biggs regarding Stay of Related Action. (Attachments: #1 Exhibit A)(Biggs, Brian) |
Filing 101 NOTICE OF SERVICE of 1) Plaintiff GOLO, LLC's First Amended and Supplemental Responses and Objections to Defendants' First Set of Interrogatories (Nos. 1-22) and 2) Plaintiff GOLO, LLC's First Amended and Supplemental Responses and Objections to Defendants' First Set of Requests for Production of Documents (Nos. 1-57) filed by GOLO, LLC.(Stover, Chad) |
CORRECTING ENTRY: The jury instructions filed at D.I. 101 have been removed as they were filed in the wrong case. (nms) |
Filing 100 SO ORDERED Granting #99 Proposed Stipulated Protective Order. Signed by Judge Richard G. Andrews on 4/16/2021. (nms) |
Filing 99 PROPOSED Stipulated Protective Order, by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stover, Chad) Modified on 4/16/2021 (nms). |
Filing 98 ORAL ORDER: If during the history of this case, Plaintiff(s) and Defendant(s) jointly wish to schedule a form of alternative dispute resolution ("ADR"), such as mediation, with Judge Burke, they should contact chambers by e-mail at Deborah_Benyo@ded.uscourts.gov or by phone. Additionally, if either side wishes to speak ex parte with Judge Burke regarding ADR matters, they may contact chambers via e-mail or by phone to arrange a time for a call. Ordered by Judge Christopher J. Burke on 4/9/2021. (dlb) |
Filing 97 ORAL ORDER: The Rule 16(b) Conference scheduled for 4/12/2021, is CANCELED. Ordered by Judge Richard G. Andrews on 4/8/2021. (nms) |
Filing 96 SCHEDULING ORDER: Case referred to the Magistrate Judge for the purpose of exploring ADR. Joinder of Parties due by 3/28/2022. Amended Pleadings due by 3/28/2022. Fact Discovery completed by 4/22/2022. Dispositive Motions due by 9/23/2022. A Pretrial Conference is set for 1/20/2023, at 9:00 AM in Courtroom 6A. A 5 day Jury Trial is set to start 2/13/2023, at 9:30 AM in Courtroom 6A (see Order for further details). Signed by Judge Richard G. Andrews on 4/8/2021. (nms) |
Filing 95 PROPOSED Scheduling Order, by GOLO, LLC. (Stover, Chad) Modified on 4/8/2021 (nms). |
CASE REFERRED to Magistrate Judge Christopher J. Burke for Mediation. Please see Standing Order dated January 20, 2016, regarding disclosure of confidential ADR communications. A link to the standing order is provided here for your convenience at # https://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrderforADR-Mediation.pdf (Taylor, Daniel) |
Filing 94 NOTICE OF SERVICE of 1) Plaintiff GOLO, LLC's Responses and Objections to Defendants' First Set of Interrogatories (Nos. 1-22) and 2) Plaintiff GOLO, LLC's Responses and Objections to Defendants' First Set of Requests for Production of Documents (Nos. 1-57) filed by GOLO, LLC.(Stover, Chad) |
Filing 93 Letter to the Honorable Richard G. Andrews, from Chad S.C. Stover, regarding dial in for April 12, 2021 telephone scheduling conference. (Stover, Chad) Modified on 4/5/2021 (nms). |
Filing 92 Amended Civil Cover Sheet, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 3/29/2021 (nms). |
Filing 91 Letter to The Honorable Richard G. Andrews, from Brian A. Biggs, regarding related action. (Attachments: #1 Exhibit A, #2 Exhibit B)(Biggs, Brian) Modified on 3/29/2021 (nms). |
Filing 90 Order Setting Rule 16(b) Telephone Conference: A Scheduling Conference is set for 4/12/2021, at 10:30 AM before Judge Richard G. Andrews (see Order for further details). Signed by Judge Richard G. Andrews on 3/22/2021. (nms) |
Filing 89 NOTICE OF SERVICE of (1) Defendant Goli Nutrition Inc., a Delaware Corporations Responses and Objections to Plaintiff Golo LLCs First Set of Interrogatories; (2) Defendant Goli Nutrition Inc., a Canadian Corporations Responses and Objections to Plaintiff Golo LLCs First Set of Interrogatories; (3) Defendant Goli Nutrition Inc., a Delaware Corporations Responses to Plaintiff Golo LLCs First Set of Requests for Production; (4) Defendant Goli Nutrition Inc., a Canadian Corp.s Responses to Plaintiff Golo LLCs First Set of Requests for Production; (5) Verification of Defendant Goli Nutrition Inc. a Delaware Corp.s Responses and Objections to Plaintiffs First Set of Interrogatories; and (6) Verification of Defendant Goli Nutrition Inc., a Canadian Corp.s Responses and Objections to Plaintiffs First Set of Interrogatories filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 88 NOTICE of Withdrawal of Motion by GOLO, LLC re #58 MOTION for Leave to File a First Amended Complaint (Stover, Chad) |
Filing 87 NOTICE OF SERVICE of (1) Defendants' First Set of Interrogatories to Plaintiff Golo, LLC (Nos. 1-22) and (2) Defendants' First Set of Requests for Production of Documents to Plaintiff Golo, LLC (Nos. 1-57) filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 86 NOTICE OF SERVICE of Defendants' Rule 26(a) Initial Disclosures filed by Goli Nutrition Inc., Goli Nutrition, Inc..(Biggs, Brian) |
Filing 85 NOTICE OF SERVICE of Plaintiff's Rule 26(a) Initial Disclosures filed by GOLO, LLC.(Stover, Chad) |
Filing 84 NOTICE OF SERVICE of 1) GOLO LLC's First Set of Interrogatories to Defendant Goli Nutrition Inc., a Delaware Corporation; 2) GOLO LLC's First Set of Interrogatories to Defendant Goli Nutrition Inc., a Canadian Corporation; 3) GOLO LLC's First Set of Requests for Production of Documents to Defendant Goli Nutrition Inc., a Delaware Corporation; and 4) GOLO LLC's First Set of Requests for Production of Documents to Defendant Goli Nutrition Inc., a Canadian Corporation filed by GOLO, LLC.(Stover, Chad) |
Filing 83 Letter to The Honorable Richard G. Andrews, from Chad S.C. Stover, regarding pending motion for leave to amend its Complaint. (Attachments: #1 Exhibit A)(Stover, Chad) Modified on 1/15/2021 (nms). |
Filing 82 ORAL ORDER: The motion to seal (D.I. #76 ) is DENIED. The Lundin Declaration (D.I. #75 ) is UNSEALED. The motion for leave to file a sur-reply brief (D.I. #77 ) is DENIED.. Ordered by Judge Richard G. Andrews on 11/6/2020. (nms) |
Filing 81 Letter to The Honorable Richard G. Andrews, from Brian A. Biggs, regarding Defendants' Opposition to GOLO, LLC's Motion to Seal (D.I. #76 ). (Biggs, Brian) Modified on 10/20/2020 (nms). |
Filing 80 REPLY BRIEF re #77 MOTION for Leave to File a Sur-Reply Brief, filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 10/13/2020 (nms). |
Filing 79 REDACTED VERSION of #75 Declaration of Christopher Lundin, by GOLO, LLC. (Stover, Chad) Modified on 10/13/2020 (nms). |
Filing 78 ANSWERING BRIEF in Opposition re #77 MOTION for Leave to File a Sur-Reply Brief, filed by GOLO, LLC.Reply Brief due date per Local Rules is 10/19/2020. (Stover, Chad) Modified on 10/13/2020 (nms). |
Filing 77 MOTION for Leave to File a Sur-Reply Brief - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Proposed Order)(Biggs, Brian) Modified on 10/13/2020 (nms). |
Pro Hac Vice Attorney Diana M. Torres,Dale M. Cendali,Allison W. Buchner,Ari E. Lipsitz for GOLO, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
CORRECTING ENTRY: D.I. 77 has been removed from the docket. The 7.1.1 Statement filed at that entry has been added to the filing at D.I. #76 . (nms) |
SO ORDERED, re #69 MOTION for Pro Hac Vice Appearance of Attorney Dale Cendali, Diana Torres, Allison W. Buchner and Ari E. Lipsitz, filed by GOLO, LLC. Signed by Judge Richard G. Andrews on 10/6/2020. (nms) |
Set Answering Brief Deadline re #76 MOTION to Seal Document Declaration of Christopher Lundin. Answering Brief/Response due date per Local Rules is 10/19/2020. (nms) |
Filing 76 MOTION to Seal Document Declaration of Christopher Lundin - filed by GOLO, LLC. (Attachments: #1 Proposed Order)(Stover, Chad) (Additional attachment(s) added on 10/6/2020: #2 7.1.1 Statement) (nms). Modified on 10/6/2020 (nms). |
Filing 75 DECLARATION Christopher Lundin re #71 Reply Brief, by GOLO, LLC. (Attachments: #1 Certificate of Service)(Stover, Chad) Modified on 10/6/2020 (nms). Modified on 11/16/2020 (nms). |
Filing 74 DECLARATION of Diana M. Torres re #71 Reply Brief, by GOLO, LLC. (Attachments: #1 Exhibit A)(Stover, Chad) Modified on 10/6/2020 (nms). |
Filing 73 DECLARATION of Jonathan E. Hochman re #71 Reply Brief, by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stover, Chad) Modified on 10/6/2020 (nms). |
Filing 72 DECLARATION of Lauren Clardy re #71 Reply Brief, by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stover, Chad) Modified on 10/6/2020 (nms). |
Filing 71 REPLY BRIEF re #58 MOTION for Leave to File a First Amended Complaint filed by GOLO, LLC. (Stover, Chad) |
Filing 70 NOTICE requesting Clerk to remove John T. Gabrielides, Genevieve E. Charlton, and Caitlin R. Byczko as co-counsel.. (Stover, Chad) |
Filing 69 MOTION for Pro Hac Vice Appearance of Attorney Dale Cendali, Diana Torres, Allison W. Buchner and Ari E. Lipsitz - filed by GOLO, LLC. (Attachments: #1 Certification, #2 Certification, #3 Certification, #4 Certification)(Stover, Chad) Modified on 10/6/2020 (nms). |
Filing 68 Official Transcript of Oral Argument held on 8/14/20 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 10/21/2020. Redacted Transcript Deadline set for 11/2/2020. Release of Transcript Restriction set for 12/29/2020. (Triozzi, Heather) |
Filing 67 STIPULATION and Proposed Order to Extend Time to File Reply - filed by GOLO, LLC. (Stover, Chad) Modified on 9/22/2020 (nms). |
SO ORDERED, re #67 STIPULATION and Proposed Order to Extend Time to File Reply (*Reset Briefing Schedule: re #58 MOTION for Leave to File a First Amended Complaint. Reply Brief due 10/5/2020). Signed by Judge Richard G. Andrews on 9/22/2020. (nms) |
Filing 66 ORAL ORDER: The motion for leave to file supplemental expert report (D.I. #53 ) is DISMISSED as moot. Ordered by Judge Richard G. Andrews on 9/21/2020. (nms) |
Filing 65 DECLARATION of Tamar Y. Duvdevani re #64 Answering Brief in Opposition, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibits A-C)(Biggs, Brian) Modified on 9/18/2020 (nms). |
Filing 64 ANSWERING BRIEF in Opposition re #58 MOTION for Leave to File a First Amended Complaint filed by Goli Nutrition Inc., Goli Nutrition, Inc..Reply Brief due date per Local Rules is 9/24/2020. (Biggs, Brian) |
Filing 63 ORDER: Plaintiff's motion for preliminary injunction (D.I. #10 ) is DENIED. Signed by Judge Richard G. Andrews on 9/1/2020. (nms) |
Filing 62 MEMORANDUM OPINION. Signed by Judge Richard G. Andrews on 9/1/2020. (nms) |
Filing 61 STIPULATION and Order to Extend Time - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 9/1/2020 (nms). |
SO ORDERED, re #61 STIPULATION and Order to Extend Time (*Reset Briefing Schedule: re #58 MOTION for Leave to File a First Amended Complaint. Answering Brief due 9/17/2020). Signed by Judge Richard G. Andrews on 9/1/2020. (nms) |
Filing 60 ANSWER to #1 Complaint, with Jury Demand, by Goli Nutrition, Inc..(Biggs, Brian) Modified on 8/31/2020 (nms). |
Filing 59 OPENING BRIEF in Support re #58 MOTION for Leave to File a First Amended Complaint, filed by GOLO, LLC.Answering Brief/Response due date per Local Rules is 9/10/2020. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Stover, Chad) Modified on 8/27/2020 (nms). |
Filing 58 MOTION for Leave to File a First Amended Complaint - filed by GOLO, LLC. (Attachments: #1 Proposed Order, #2 Amended Complaint, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit B)(Stover, Chad) Modified on 8/27/2020 (nms). |
Filing 56 ORDER Granting #45 UNOPPOSED Motion to Seal Limited Information in Reply Brief and Declaration. Signed by Judge Richard G. Andrews on 8/17/2020. (nms) |
Filing 55 REDACTED VERSION of #46 Reply Brief, by GOLO, LLC. (Attachments: #1 Expert Rebuttal Report of Joel H. Steckel, Ph.D, #2 Exhibit AA, #3 Exhibit BB)(Stover, Chad) |
Minute Entry for proceedings held before Judge Richard G. Andrews - Oral Argument held on 8/14/2020. Counsel for Plaintiff: C. Stover. Counsel for Defendant: B. Biggs. (Court Reporter Heather Triozzi.) (lak) |
Filing 54 ANSWERING BRIEF in Opposition re #53 MOTION for Leave to File Supplemental Expert Report filed by GOLO, LLC.Reply Brief due date per Local Rules is 8/19/2020. (Stover, Chad) |
Filing 53 MOTION for Leave to File Supplemental Expert Report - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Biggs, Brian) Modified on 8/11/2020 (nms). |
Remark: Exhibit 1 has been added to D.I. #48 per counsel's request as it was inadvertently omitted . (kmd) Modified on 8/11/2020 (nms). |
Filing 57 [SEALED] MULTI MEDIA DOCUMENT filed by GOLO, LLC in the form of a thumb drive. Filing related to #51 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (nms) |
Filing 52 Letter to The Honorable Richard G. Andrews, from Chad S.C. Stover, regarding replacement of sealed audio files. (Stover, Chad) Modified on 8/10/2020 (nms). |
Filing 51 NOTICE of filing the following Non-Paper material(s) in multi media format: sealed audio files/exhibits to the Declaration of Eden Covington in Support of GOLO's Reply in Support of its Motion for Preliminary Injunction. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Chad S.C. Stover on behalf of GOLO, LLC (Stover, Chad) |
Filing 50 DECLARATION of Eden Covington re #46 Reply Brief, by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibits 60-61, #3 Exhibit 62, #4 Exhibit 63, #5 Exhibit 64, #6 Exhibit 65, #7 Exhibit 66, #8 Exhibit 67, #9 Exhibit 68, #10 Exhibit 69, #11 Exhibit 70, #12 Exhibit 71, #13 Exhibit 72, #14 Exhibit 73, #15 Exhibit 74, #16 Exhibit 75, #17 Exhibit 76, #18 Exhibit 77, #19 Exhibit 78, #20 Exhibit 79, #21 Exhibit 80, #22 Exhibit 81, #23 Exhibit 82, #24 Exhibit 83, #25 Exhibit 84, #26 Exhibit 85, #27 Exhibit 86, #28 Exhibit 87, #29 Exhibit 88, #30 Exhibit 89, #31 Exhibit 90, #32 Exhibit 91, #33 Exhibit 92, #34 Exhibit 93, #35 Exhibit 94, #36 Exhibit 95, #37 Exhibit 96, #38 Exhibit 97, #39 Exhibit 98, #40 Exhibit 99, #41 Exhibit 100, #42 Exhibit 101, #43 Exhibit 102, #44 Exhibit 103, #45 Exhibit 104, #46 Exhibit 105, #47 Exhibit 106, #48 Exhibit 107, #49 Exhibit 108, #50 Exhibit 109, #51 Exhibit 110, #52 Exhibit 111, #53 Exhibit 113, #54 Exhibit 114, #55 Exhibit 115, #56 Exhibit 116, #57 Exhibit 117, #58 Exhibit 118, #59 Exhibit 119, #60 Exhibit 120, #61 Exhibit 121, #62 Exhibit 122, #63 Exhibit 123, #64 Exhibit 124, #65 Exhibit 125, #66 Exhibit 126, #67 Exhibit 127, #68 Exhibit 128, #69 Exhibit 129, #70 Exhibit 130, #71 Exhibit 131, #72 Exhibit 132, #73 Exhibit 133, #74 Exhibit 134, #75 Exhibit 135, #76 Exhibit 136, #77 Exhibit 137, #78 Exhibit 138, #79 Exhibit 139, #80 Exhibit 140, #81 Exhibit 141, #82 Exhibit 143, #83 Exhibit 144, #84 Exhibit 145, #85 Exhibit 146, #86 Exhibit 147, #87 Exhibit 149, #88 Exhibit 150, #89 Exhibit 153, #90 Exhibit 154, #91 Exhibit 157, #92 Exhibit 158, #93 Exhibit 164, #94 Exhibit 167, #95 Exhibit 170, #96 Exhibit 172, #97 Exhibit 175)(Stover, Chad) Modified on 8/10/2020 (nms). |
Filing 49 DECLARATION of Chad S. C. Stover re #46 Reply Brief, by GOLO, LLC. (Attachments: #1 Exhibit V)(Stover, Chad) Modified on 8/10/2020 (nms). |
Filing 48 DECLARATION of Alex Razzook re #46 Reply Brief, by GOLO, LLC. (Stover, Chad) Modified on 8/10/2020 (nms). (Additional attachment(s) added on 8/11/2020: #1 Exhibit 1) (kmd). |
Filing 47 DECLARATION of Christopher Lundin re #46 Reply Brief, by GOLO, LLC. (Stover, Chad) Modified on 8/10/2020 (nms). |
Filing 46 [SEALED] REPLY BRIEF re #10 MOTION for Preliminary Injunction filed by GOLO, LLC. (Attachments: #1 Expert Rebuttal Report of Joel H. Steckel, Ph.D, #2 Exhibit AA, #3 Exhibit BB, #4 Certificate of Service)(Stover, Chad) |
Filing 45 UNOPPOSED Motion to Seal Limited Information in Reply Brief and Declaration - filed by GOLO, LLC. (Attachments: #1 Proposed Order)(Stover, Chad) Modified on 8/10/2020 (nms). |
Filing 44 NOTICE of Intent to Request Redaction, by Brian A. Biggs regarding #42 Transcript. (Biggs, Brian) Modified on 8/3/2020 (nms). |
Filing 43 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent 11435124 Canada Inc. for Goli Nutrition, Inc. filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) |
Filing 42 Official Transcript of Scheduling Teleconference held on 06/18/20 before Judge Richard G. Andrews. Court Reporter Heather M. Triozzi,Email: Heather_Triozzi@ded.uscourts.gov. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 8/14/2020. Redacted Transcript Deadline set for 8/24/2020. Release of Transcript Restriction set for 10/22/2020. (Triozzi, Heather) |
Filing 41 REDACTED VERSION of #33 Declaration of Michael Bitensky, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 7/24/2020 (nms). |
Filing 40 REDACTED VERSION of #32 Declaration of Cameron Maag, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A-B)(Biggs, Brian) Modified on 7/24/2020 (nms). |
Filing 39 REDACTED VERSION of #31 Declaration Kathleen Power, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibits A-Q)(Biggs, Brian) Modified on 7/24/2020 (nms). |
Filing 38 REDACTED VERSION of #29 Answering Brief in Opposition, by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 7/24/2020 (nms). |
Filing 37 CERTIFICATE OF SERVICE of SEALED Declaration of Kathleen Power (D.I. #31 ); SEALED Declaration of Cameron Maag (D.I. #32 ); and SEALED Declaration of Michael Bitensky (D.I. #33 ), by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 7/21/2020 (nms). |
Filing 36 ORDER Granting #35 Unopposed Motion for Leave to File Answering Brief and Declarations Under Seal. Signed by Judge Richard G. Andrews on 7/20/2020. (nms) |
DEFICIENCY NOTICE by the Court issued to Goli Nutrition Inc. and Goli Nutrition, Inc. re #31 Sealed Declaration, #32 Sealed Declaration, #33 Sealed Declaration. Pursuant to Local Rule 5.2 (b) filings made under seal require a certificate of service. D.I. #31 , #32 and #33 lacked proof of service. The filer shall supplement the docket accordingly. (nms) |
Pro Hac Vice Attorney Kerry Anne O'Neill for Goli Nutrition Inc. and Goli Nutrition, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
Filing 35 Unopposed Motion for Leave to File Answering Brief and Declarations Under Seal - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) Modified on 7/20/2020 (nms). |
Filing 34 DECLARATION re #29 Answering Brief in Opposition by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A-K)(Biggs, Brian) |
Filing 33 [SEALED] DECLARATION re #29 Answering Brief in Opposition by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) |
Filing 32 [SEALED] DECLARATION re #29 Answering Brief in Opposition by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A-B)(Biggs, Brian) |
Filing 31 [SEALED] DECLARATION re #29 Answering Brief in Opposition by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A-Q)(Biggs, Brian) |
Filing 30 DECLARATION re #29 Answering Brief in Opposition by Goli Nutrition Inc., Goli Nutrition, Inc.. (Attachments: #1 Exhibit A)(Biggs, Brian) |
Filing 29 [SEALED] ANSWERING BRIEF in Opposition re #10 MOTION for Preliminary Injunction filed by Goli Nutrition Inc., Goli Nutrition, Inc..Reply Brief due date per Local Rules is 7/24/2020. (Biggs, Brian) |
Filing 28 NOTICE of Appearance for Keith A. Walter, Jr. on behalf of GOLO, LLC (Stover, Chad) Modified on 7/13/2020 (nms). |
Filing 27 ORAL ORDER: As approved at the conference held on 6/18/2020, the Answering Brief to the Motion for Preliminary Injunction (D.I. #10 ) will be due by 7/17/2020, and the Reply Brief shall be due by 8/7/2020. A hearing on the motion is set for 8/14/2020, at 9:00 AM. The hearing will be held using Skype for business. A joint email with the email addresses for all those participating in the hearing shall be due to the Court's Case Manager by 4:00 PM on 8/7/2020. Ordered by Judge Richard G. Andrews on 7/10/2020. (nms) |
Filing 26 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Goli Nutrition Inc. (Canada) for Goli Nutrition Inc. filed by Goli Nutrition Inc.. (Biggs, Brian) |
Filing 25 ANSWER to #1 Complaint, with Jury Demand by Goli Nutrition Inc..(Biggs, Brian) |
Pro Hac Vice Attorney Safraz W. Ishmael for Goli Nutrition Inc.and Goli Nutrition, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mal) |
Pro Hac Vice Attorney Tamar Y. Duvdevani for Goli Nutrition Inc., for Goli Nutrition, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) |
Filing 24 REDACTED VERSION of #14 Declaration of Christopher Lundin, by GOLO, LLC. (Stover, Chad) Modified on 6/18/2020 (nms). |
Minute Entry for proceedings held before Judge Richard G. Andrews - Telephone Conference held on 6/18/2020. Local counsel for plaintiff: C. Stover. Local counsel present for defendants: B. Biggs. (Court Reporter Heather Triozzi.) (crb) |
SO ORDERED, re #23 MOTION for Pro Hac Vice Appearance of Attorney Safraz W. Ishmael; Tamar Y. Duvdevani; and Kerry Anne O'Neill, filed by Goli Nutrition, Inc., Goli Nutrition Inc.. Signed by Judge Richard G. Andrews on 6/18/2020. (nms) |
Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Safraz W. Ishmael; Tamar Y. Duvdevani; and Kerry Anne O'Neill - filed by Goli Nutrition Inc., Goli Nutrition, Inc.. (Biggs, Brian) |
Filing 22 Letter to The Honorable Richard G. Andrews, from Chad S.C. Stover, regarding June 18, 2020 telephonic scheduling conference. (Stover, Chad) Modified on 6/17/2020 (nms). |
Filing 20 ORAL ORDER: A Telephone Conference to discuss scheduling is now set for 6/18/2020, at 2:00 PM before Judge Richard G. Andrews. A joint letter with the dial-in details for the call shall be filed no later than 4:00 pm on 6/17/2020. Ordered by Judge Richard G. Andrews on 6/16/2020. (nms) |
Filing 21 [SEALED] MULTI MEDIA DOCUMENT filed by GOLO, LLC in the form of a Thumb Drive. Filing related to #19 Notice of Filing Multi Media Materials,. (Media on file in Clerk's Office). (nms) |
Filing 19 NOTICE of Multi-Media Filing (Thumbdrive): Containing Sealed Exhibits (audio files) for the Declaration of Eden Covington. Original Non-paper material(s) to be filed with the Clerk's Office. Notice filed by Chad S.C. Stover on behalf of GOLO, LLC (Stover, Chad) Modified on 6/11/2020 (nms). |
Filing 18 ORDER Granting #15 MOTION to Seal Limited Information Supporting Motion for Preliminary Injunction. Signed by Judge Richard G. Andrews on 6/11/2020. (nms) |
Filing 17 7.1.1 STATEMENT re #15 MOTION to Seal Limited Information Supporting its Motion for Preliminary Injunction, by GOLO, LLC. (Stover, Chad) Modified on 6/11/2020 (nms). |
CORRECTING ENTRY: The main pdf for D.I. 13 has been replaced per counsel's request. The chart has been amended. The NEF for the filing will be regenerated. (nms) |
LOCAL RULE 7.1.1 NOTICE: In accordance with Local Rule 7.1.1, except for civil cases involving pro se parties or motions brought by nonparties, every nondispositive motion shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. The records of this case do not reflect such an averment by counsel for DI #15 . Please file the averment using the event code STATEMENT, found under OTHER DOCUMENTS. (nms) |
Filing 16 Letter to The Honorable Richard G. Andrews, from Chad S.C. Stover, regarding Motion for Preliminary Injunction. (Stover, Chad) Modified on 6/10/2020 (nms). |
Filing 15 MOTION to Seal Limited Information Supporting its Motion for Preliminary Injunction - filed by GOLO, LLC. (Attachments: #1Proposed Order)(Stover, Chad) Modified on 6/10/2020 (nms). |
Filing 14 [SEALED] DECLARATION of Christopher Lundin re #11 Opening Brief in Support, by GOLO, LLC. (Attachments: #1 Certificate of Service)(Stover, Chad) Modified on 6/10/2020 (nms). |
Filing 13 DECLARATION of Chad S.C. Stover re #11 Opening Brief in Support, by GOLO, LLC. (Attachments: #1 Exhibits A-U)(Stover, Chad) Modified on 6/10/2020 (nms). (Main Document 13 replaced on 6/11/2020) (nms). |
Filing 12 DECLARATION of Eden Covington re #11 Opening Brief in Support, by GOLO, LLC. (Attachments: #1 Exhibits 1-59b)(Stover, Chad) Modified on 6/10/2020 (nms). |
Filing 11 OPENING BRIEF in Support re #10 MOTION for Preliminary Injunction filed by GOLO, LLC.Answering Brief/Response due date per Local Rules is 6/23/2020. (Stover, Chad) |
Filing 10 MOTION for Preliminary Injunction - filed by GOLO, LLC. (Attachments: #1 Text of Proposed Order)(Stover, Chad) |
Filing 9 WAIVER OF SERVICE returned executed by GOLO, LLC: For Goli Nutrition, Inc. waiver sent on 6/2/2020, answer due 8/31/2020. (Stover, Chad) |
Filing 8 STIPULATION and Proposed Order to Extend Time to Answer Complaint - filed by Goli Nutrition Inc.. (Biggs, Brian) Modified on 6/3/2020 (nms). |
SO ORDERED, re #8 STIPULATION and Proposed Order to Extend Time to Answer Complaint (*Reset Answer Deadlines: Goli Nutrition, Inc., a Delaware Corporation answer due 7/8/2020). Signed by Judge Richard G. Andrews on 6/3/2020. (nms) |
Pro Hac Vice Attorneys John T. Gabrielides, Genevieve E. Charlton, Caitlin R. Byczko for GOLO, LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) |
SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney John T. Gabrielides, Genevieve E. Charlton and Caitlin R. Byczko, filed by GOLO, LLC. Signed by Judge Richard G. Andrews on 5/20/2020. (nms) |
Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) |
Filing 7 MOTION for Pro Hac Vice Appearance of Attorney John T. Gabrielides, Genevieve E. Charlton and Caitlin R. Byczko - filed by GOLO, LLC. (Attachments: #1 Certification, #2 Certification, #3 Certification)(Stover, Chad) Modified on 5/20/2020 (nms). |
Filing 6 SUMMONS Returned Executed by GOLO, LLC. Goli Nutrition, Inc. served on 5/18/2020, answer due 6/8/2020. (Stover, Chad) |
Filing 5 Summonses Issued as to Goli Nutrition, Inc. and Goli Nutrition Inc. on 5/18/2020. (please complete the top portion of the form and print out for use/service). (Attachments: #1 Summons) (lak) |
Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by GOLO, LLC. (lak) |
Filing 3 Report to the Commissioner of Patents and Trademarks for Patent/Trademark Number(s) 6047784. (lak) |
Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (lak) |
Filing 1 COMPLAINT - filed with Jury Demand against Goli Nutrition Inc., Goli Nutrition, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number ADEDC-2936224.) - filed by GOLO, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet) (lak) |
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