Thermolife International, LLC v. Hi-Tech Pharmaceuticals, Inc. et al
Plaintiff: Thermolife International, LLC
Defendant: Hi-Tech Pharmaceuticals, Inc, I-Supplements.com, A1 Supplements, Inc., Innovative Laboratories, Island Supplements, All Star Health, Netnutri, Suppz, Inc., Muscle Foods USA, SupplementWarehouse.com, Evitamins, Lockout Industries, LLC, World Class Nutrition, Black Diamond Supplements, Supplement Central, Jared Wheat, Prime Nutrition, Netrition, Inc., Supplements Nutrition, DPS Nutrition, Nutrition Jungle and Advanced Performance
3Rd Party Plaintiff: Hi-Tech Pharmaceuticals, Inc.
Special Master: Anthony Askew
3Rd Party Defendant: Ron Kramer
Case Number: 1:2015cv00892
Filed: March 27, 2015
Court: US District Court for the Northern District of Georgia
Office: Atlanta Office
County: XX US, Outside State
Presiding Judge: Eleanor L Ross
Nature of Suit: Patent
Cause of Action: 35:145
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 22, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2020 Opinion or Order Filing 386 SCHEDULING ORDER on the #385 Status Report. Discovery ends on 4/23/2021. Dispositive Motions are due by 5/21/2021. The Proposed Consolidated Pretrial Order is due by 9/17/2021. Signed by Judge Eleanor L. Ross on 7/22/2020. (jpk)
July 14, 2020 Filing 385 STATUS REPORT (Joint) regarding Amended Discovery Plan by Thermolife International, LLC. (Dilger, Nathaniel)
June 23, 2020 Opinion or Order Filing 384 ORDER adopting the #383 Report and Recommendation of Special Master. The Court ADOPTS the Special Master's #383 R&R as the opinion of this Court and DENIES Defendants Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Advanced Performance Supplements Nutrition, Innovative Laboratories, and Prime Nutrition's #354 Motion for Summary Judgment. In light of this ruling, the Court DIRECTS all Parties to confer and submit a joint status report within twenty-one (21) days from the date of entry of this order. This status report should include the Parties' recommendations as to next steps and how counsel intend to proceed. Signed by Judge Eleanor L. Ross on 6/23/2020. (jpk)
June 16, 2020 Submission of #354 MOTION for Summary Judgment and #383 REPORT AND RECOMMENDATION of Special Master to District Judge Eleanor L. Ross. (jpk)
May 29, 2020 Filing 383 REPORT AND RECOMMENDATION of Special Master re #354 MOTION for Summary Judgment , filed by Anthony Askew. (Askew, Anthony)
May 4, 2020 Opinion or Order (Ruled on in #382 Order per chambers) ORDER denying #332 Motion for Hearing. Signed by Judge Eleanor L. Ross on 4/28/20. (jpa)
April 28, 2020 Opinion or Order Filing 382 ORDER: The Court OVERRULES Defendants' #376 Objections to the R&R and ADOPTS the #375 R&R in case 1:15-cv-00892-ELR as the opinion of this Court. In light of the rulings herein, the Court CANCELS the tentatively scheduled hearing in this matter currently set for Wednesday, April 29, 2020, at 9:30 a.m. Signed by Judge Eleanor L. Ross on 4/28/2020. (Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR) (jap)
April 14, 2020 Filing 381 Plaintiff's RESPONSE to Defendants' #376 Objections to the Special Master's #375 Report and Recommendation filed by Thermolife International, LLC. (Dilger, Nathaniel) Modified on 4/15/2020 to edit document link and modify text (jap).
April 9, 2020 Opinion or Order Filing 380 ORDER granting #379 Motion to Amend in case 1:15-cv-00892-ELR. The Court GRANTS the Parties' motion and AMENDS the previously entered scheduling order as follows: Within thirty (30) days of the Court's issuance of its claim construction order, the Parties will meet, confer, and submit a proposed schedule for the remaining deadlines in this case. Signed by Judge Eleanor L. Ross on 4/9/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jed) Modified on 4/9/2020 to edit text (jed).
April 7, 2020 Filing 379 Joint MOTION to Amend #321 Order on Motion for Miscellaneous Relief,, Order on Report and Recommendation of Special Master,, Order on Motion to Supplement,,, #315 Status Report, #317 REPORT AND RECOMMENDATION of Special Master re #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely , MOTION to Supplement, filed by Anthony Askew Joint Motion to Amend Discovery Plan by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
March 26, 2020 Set Deadlines/Hearings: Tentative Hearing set for 4/29/2020 at 09:30 AM in Courtroom 1788 before Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap)
March 26, 2020 Opinion or Order Filing 378 ORDER granting (377) Motion for Extension of Time in case 1:15-cv-00892-ELR. The time within which Plaintiff ThermoLife may file its Response to Defendant Hi-Tech's Objections to Special Master Report and Recommendation is extended by fourteen (14) days, through and including April 14, 2020. Additionally, in the event the Court determines a hearing to be necessary in this matter, the Court tentatively SCHEDULES such hearing to take place on April 29, 2020, at 9:30 a.m. in Courtroom 1788, United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia 30303. Signed by Judge Eleanor L. Ross on 3/25/2020. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (jap)
March 23, 2020 Filing 377 Joint MOTION for Extension of Time for ThermoLife to file its Response to Hi-Tech's Objections to #375 REPORT AND RECOMMENDATION of Special Master Concerning Claim Construction Issues, extending response by fourteen (14) days to April 14, 2020 by Thermolife International, LLC. (Dilger, Nathaniel) Modified on 3/24/2020 to edit text (jap).
March 17, 2020 Filing 376 Defendants' Objections to the #375 Report and Recommendation by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition (Hillyer, Gregory) Modified on 3/20/2020 to edit text (jap).
March 17, 2020 Submission of #375 REPORT AND RECOMMENDATION of Special Master re #280 Claim Construction Brief,, #332 MOTION for Hearing , #274 Claim Construction Statement, #281 Claim Construction Brief,,, filed by Anthony Askew, to District Judge Eleanor L. Ross. (jpa)
February 26, 2020 Filing 375 REPORT AND RECOMMENDATION of Special Master re #280 Claim Construction Brief,, #332 MOTION for Hearing , #274 Claim Construction Statement, #281 Claim Construction Brief,,, filed by Anthony Askew. (Askew, Anthony)
December 13, 2019 Opinion or Order Filing 374 ORDER ADOPTING the #372 Report and Recommendation of Special Master GRANTING #327 Motion to Dismiss. The Court DISMISSES Counts I-X and XIII-XIV of Defendant Hi-Tech Pharmaceuticals, Inc.'s "Second Amended Counterclaims Against Thermolife International, LLC and Second Amended Third-Party Complaint Against Ron Kramer." Signed by Judge Eleanor L. Ross on 12/13/19. (jpa)
December 4, 2019 Submission of #372 REPORT AND RECOMMENDATION of Special Master re #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6), filed by Anthony Askew, to District Judge Eleanor L. Ross. (jpa)
November 25, 2019 Opinion or Order Filing 373 ORDER ADOPTING #371 Report and Recommendation of Special Master GRANTING #326 Motion to Dismiss for Failure to State a Claim. The Court DISMISSES Counts I-X and XIII-XIV of Defendant Hi-Tech Pharmaceuticals, Inc.'s "Second Amended Counterclaims Against Thermolife International, LLC and Second Amended Third-Party Complaint Against Ron Kramer." Signed by Judge Eleanor L. Ross on 11/25/19. (jpa)
November 19, 2019 Submission of #371 REPORT AND RECOMMENDATION of Special Master, to District Judge Eleanor L. Ross. (jpa)
November 15, 2019 Filing 372 REPORT AND RECOMMENDATION of Special Master re #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6), filed by Anthony Askew. (Askew, Anthony)
November 1, 2019 Filing 371 REPORT AND RECOMMENDATION of Special Master re #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims, filed by Anthony Askew. (Askew, Anthony)
October 3, 2019 Opinion or Order Filing 370 ORDER ADOPTING #365 Report and Recommendation of Special Master and DENYING #347 Motion to Stay. Signed by Judge Eleanor L. Ross on 10/3/19. (jpa)
September 27, 2019 Submission of #365 REPORT AND RECOMMENDATION, to District Judge Eleanor L. Ross. (jpa)
September 19, 2019 Submission of #354 MOTION for Summary Judgment, to District Judge Eleanor L. Ross. (jpa)
September 18, 2019 Filing 369 REPLY BRIEF in support of #356 Statement of Material Facst in support of Motion for Summary Judgment and Response to Thermolife International, LLC's Statement of additional Material Facts filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Christou, Evi)
September 18, 2019 Filing 368 REPLY BRIEF re #354 MOTION for Summary Judgment filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Christou, Evi)
September 16, 2019 Filing 367 NOTICE by Hi-Tech Pharmaceuticals, Inc. re #343 Notice of Filing, Supplemental Authority (Attachments: #1 Exhibit B, Federal Circuit Decision)(Leach, Arthur)
September 9, 2019 Opinion or Order Filing 366 ORDER - This Court having considered the #363 Joint Motion For Extension Of Time filed by the parties, and for good cause shown, it is hereby ORDERED that the Motion is granted, and the time within which ThermoLife may file its response to Defendants' #354 Motion For Summary Judgment is extended by one (1) day, through and including August 23, 2019, and the time within which Defendants may file their reply brief is extended by two (2) days, through and including September 18, 2019. Signed by Judge Eleanor L. Ross on 9/9/2019. (tcc)
September 9, 2019 Filing 365 REPORT AND RECOMMENDATION of Special Master re #347 MOTION to Stay Pending Reexamination, filed by Anthony Askew. (Askew, Anthony)
September 9, 2019 Submission of #363 Joint MOTION for Extension of Time File Response to Motion for Summary Judgment and Reply Brief in Support of Motion for Summary Judgment re: #354 MOTION for Summary Judgment, to District Judge Eleanor L. Ross. (jpa)
August 23, 2019 Filing 364 RESPONSE in Opposition re #354 MOTION for Summary Judgment filed by Thermolife International, LLC. (Attachments: #1 Declaration of Jenny S. Kim, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Responsive Statement of Material Disputed Facts and Statement of Additional Material Facts)(Kim, Jenny)
August 20, 2019 Filing 363 Joint MOTION for Extension of Time File Response to Motion for Summary Judgment and Reply Brief in Support of Motion for Summary Judgment re: #354 MOTION for Summary Judgment with Brief In Support by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Lundin, Thomas)
August 13, 2019 Submission of #354 MOTION for Summary Judgment, to District Judge Eleanor L. Ross. (jpa)
August 6, 2019 Opinion or Order Filing 362 ORDER denying as moot #293 Motion for Hearing. Should the Parties continue to find a telephonic status conference to be necessary, they may re-file the motion. Signed by Judge Eleanor L. Ross on 8/6/19. (jpa)
August 5, 2019 Submission of #347 MOTION to Stay Pending Reexamination, to District Judge Eleanor L. Ross. (jpa)
August 1, 2019 Opinion or Order Filing 361 ORDER that objections to the Special Master's Report and Recommendation shall be due within 21 days of the filing of a Report and Recommendation. Responses shall be due 14 days after the filing of any objections. Signed by Judge Eleanor L. Ross on 8/1/19. (jpa)
August 1, 2019 Clerk's Certificate of Mailing as to Jenny S. Kim re Order on Application for Admission PHV. (jpa)
August 1, 2019 Opinion or Order MINUTE ORDER (by docket entry only) granting #359 Application for Admission Pro Hac Vice filed by Jenny S. Kim. Approved by judge Eleanor L. Ross on 8/1/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jpa)
July 31, 2019 APPROVAL by Clerks Office re: #359 APPLICATION for Admission of Jenny S. Kim Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8823554). Documents for this entry are not available for viewing outside the courthouse.. Attorney Cammi Ryan Jones added appearing on behalf of Thermolife International, LLC (jkm)
July 29, 2019 Filing 360 REPLY to Response to Motion re #347 MOTION to Stay Pending Reexamination filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dilger, Nathaniel)
July 27, 2019 Filing 359 APPLICATION for Admission of Jenny S. Kim Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8823554). Documents for this entry are not available for viewing outside the courthouse.by Thermolife International, LLC. (Jones, Cammi)
July 23, 2019 Opinion or Order Filing 358 ORDER DIRECTING any party to submit objections to the Court's decision to continue Mr. Anthony Askew's appointment as Special Master within 7 days. Signed by Judge Eleanor L. Ross on 7/23/19. (jpa)
July 22, 2019 Notification of Docket Correction re #355 Memorandum of Law in Support of Motion for Summary Judgment , #356 Statement of Material Facts. Docketed as motions. They have been terminated as motions and docket text corrected. (jpa)
July 19, 2019 Filing 357 NOTICE Of Filing Exhibits 16-46 to Defendants' Statement of Material Facts In Support of Motion for Summary Judgment by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition, Supplements Nutrition re #356 MOTION for Summary Judgment Statement of Material Facts (Attachments: #1 Exhibits 16-23 to Defendants' Statement of Material Facts In Support of Motion for Summary Judgment, #2 Exhibits 24-35 to Defendants' Statement of Material Facts In Support of Motion for Summary Judgment, #3 Exhibits 36-46 to Defendants' Statement of Material Facts In Support of Motion for Summary Judgment)(Christou, Evi) Modified on 7/19/2019 to correct text (pjm).
July 19, 2019 Filing 356 Statement of Material Facts by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Attachments: #1 Exhibit 1-15)(Hillyer, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 7/22/2019 to terminate as motion and correct text (jpa).
July 19, 2019 Filing 355 Memorandum of law in Support of Motion for Summary Judgment with Brief In Support by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Hillyer, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 7/22/2019 to edit docket text and term as motion (jpa).
July 19, 2019 Filing 354 MOTION for Summary Judgment by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Hillyer, Gregory) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.--
July 19, 2019 Opinion or Order Filing 353 ORDER granting (350) Motion for Extension of Time. Defendants may file a memorandum of law in support of its Motion for Summary Judgment, which is expected to be filed on or before July 19, 2019, not to exceed fifty (50) pages. Plaintiff shall have up to and including August 22, 2019 to respond to Defendants Motion for Summary Judgment, which may also not exceed fifty (50) pages. Defendants shall have up to and including September 16, 2019 to file a reply brief in support of its Motion for Summary Judgment. Signed by Judge Eleanor L. Ross on 7/19/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
July 17, 2019 Filing 352 NOTICE Of Filing Electronic Deposition Transcript of Dr. Richard Chamberlin In Support of Motion for Summary Judgment by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition, Supplements Nutrition (Attachments: #1 Deposition Transcript of Richard Chamberlin, #2 Exhibits 1-15 to Deposition Transcript of Richard Chamberlin, #3 Exhibits 16-30 to Deposition Transcript of Richard Chamberlin)(Christou, Evi)
July 15, 2019 Filing 351 RESPONSE in Opposition re #347 MOTION to Stay Pending Reexamination filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition, Supplements Nutrition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Christou, Evi)
July 15, 2019 Filing 350 Consent MOTION for Extension of Time for Summary Judgment Motion, Consent MOTION for Leave to File Excess Pages in support of Summary Judgement Motion with Brief In Support by Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Advanced Performance, Innovative Laboratories, and Prime Nutrition. (Attachments: #1 Text of Proposed Order)(Hillyer, Gregory) Modified on 7/16/2019 to add filers (jpa).
July 8, 2019 Opinion or Order Filing 349 ORDER granting (348) Motion for Extension of Time in case 1:15-cv-00892-ELR. Defendants' opposition to the Motion to Stay shall be filed on or before Monday, July 15, 2019. Plaintiff's reply in support of the Motion to Stay shall be filed on or before Monday, July 29, 2019. Signed by Judge Eleanor L. Ross on 7/8/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
July 6, 2019 Filing 348 Joint MOTION for Extension of Time to File Opposition and Reply to Motion to Stay re: #347 MOTION to Stay Pending Reexamination by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition, Supplements Nutrition. (Attachments: #1 Proposed Order)(Christou, Evi)
June 21, 2019 Filing 347 MOTION to Stay Pending Reexamination with Brief In Support by Thermolife International, LLC. (Attachments: #1 Attachment 1, #2 Attachment 2)(Dilger, Nathaniel)
June 4, 2019 Opinion or Order Filing 346 ORDER adopting #331 Report and Recommendation of Special Master. The Court DENIES Defendants' #288 Motion for Leave to file Motion to Preclude. Signed by Judge Eleanor L. Ross on 6/4/19. (jpa)
May 17, 2019 Filing 345 NOTICE Of Filing Reply in Support of Notice of Supplemental Authority by Hi-Tech Pharmaceuticals, Inc. re #343 Notice of Filing, (Leach, Arthur)
May 8, 2019 Filing 344 RESPONSE re #343 Notice of Filing, filed by Thermolife International, LLC. (Lundin, Thomas)
May 6, 2019 Filing 343 NOTICE Of Filing Supplemental Authority by Hi-Tech Pharmaceuticals, Inc. re #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims (Attachments: #1 Exhibit Index, #2 Exhibit A)(Leach, Arthur)
April 30, 2019 Submission of #332 MOTION for Hearing, to District Judge Eleanor L. Ross. (jpa)
April 26, 2019 Submission of #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims, #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6), to District Judge Eleanor L. Ross. (jpa)
April 25, 2019 Filing 342 REPLY BRIEF re #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6) filed by Ron Kramer. (Attachments: #1 Affidavit Declaration of Thomas C. Lundin Jr. In Support Of Ron Kramer's Reply Brief)(Lundin, Thomas)
April 25, 2019 Filing 341 REPLY BRIEF re #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims filed by Thermolife International, LLC. (Attachments: #1 Affidavit Declaration of Thomas C. Lundin Jr. In Support Of ThermoLife International, LLC's Reply Brief)(Lundin, Thomas)
April 23, 2019 Filing 340 REPLY BRIEF re #332 MOTION for Hearing filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition. (Hillyer, Gregory)
April 23, 2019 Filing 339 RESPONSE re #335 Objection, to Defendants' Objections to Special Master's Report and Recommendation filed by Thermolife International, LLC. (Dilger, Nathaniel)
April 10, 2019 Filing 338 RESPONSE in Opposition re #332 MOTION for Hearing filed by Thermolife International, LLC. (Dilger, Nathaniel)
April 10, 2019 Opinion or Order Filing 337 ORDER granting #336 Motion for Extension of Time, and the time within which ThermoLife and Mr. Kramer may file reply briefs in support of their respective motions to dismiss is hereby extended by ten (10) days, through and including April 25, 2019. Signed by Judge Eleanor L. Ross on 4/10/19. (jpa)
April 9, 2019 Filing 336 Consent MOTION for Extension of Time File Reply Briefs in Support of Motions to Dismiss re: #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims, #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6) with Brief In Support by Ron Kramer, Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Lundin, Thomas)
April 8, 2019 Filing 335 OBJECTION re #331 REPORT AND RECOMMENDATION of Special Master re #288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction , filed by Anthony Askew by Hi-Tech Pharmaceuticals, Inc., Jaret Wheat, Advanced Performance, Innovative Laboratories, and Prime Nutrition. (Hillyer, Gregory) Modified on 4/9/2019 to add filers (jpa).
April 5, 2019 Submission of #331 REPORT AND RECOMMENDATION, to District Judge Eleanor L. Ross. (jpa)
April 1, 2019 Filing 334 RESPONSE in Opposition re #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6) filed by Hi-Tech Pharmaceuticals, Inc.. (Hillyer, Gregory)
April 1, 2019 Filing 333 RESPONSE in Opposition re #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims filed by Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
March 27, 2019 Filing 332 MOTION for Hearing with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Motion for Markman Hearing)(Hillyer, Gregory)
March 18, 2019 Filing 331 REPORT AND RECOMMENDATION of Special Master re #288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction , filed by Anthony Askew. (Askew, Anthony)
March 13, 2019 Opinion or Order Filing 330 ORDER granting (329) Motion for Extension of Time through 4/1/19 to respond to Plaintiff's Motion to Dismiss and Ron Kramer's Motion to Dismiss; granting (329) Motion for Leave to File Excess Pages in case 1:15-cv-00892-ELR. Signed by Judge Eleanor L. Ross on 3/13/19. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
March 13, 2019 Filing 329 Unopposed MOTION for Extension of Time Respond to Motions to Dismiss re: #326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims, #327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6) , Unopposed MOTION for Leave to File Excess Pages with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Hillyer, Gregory)
March 2, 2019 Filing 328 ANSWER to #320 Counterclaim Answer To Counts XI And XII Of Second Amended Counterclaim by Thermolife International, LLC.(Lundin, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
March 2, 2019 Filing 327 MOTION to Dismiss To Dismiss Third-Party Complaint Under Rules 12(b)(2) And 12(b)(6) with Brief In Support by Ron Kramer. (Attachments: #1 Brief, #2 Affidavit of Ron Kramer, #3 Text of Proposed Order)(Lundin, Thomas)
March 2, 2019 Filing 326 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Counts I-X and XIII-XIV Of Second Amended Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Text of Proposed Order)(Lundin, Thomas)
February 27, 2019 Opinion or Order Filing 325 ORDER GRANTING #324 Consent Motion for Leave to File Excess Pages. ThermoLife may file a memorandum of law in support of its motion to dismiss not to exceed thirty-eight (38) pages. Signed by Judge Eleanor L. Ross on 2/27/2019. (cmd)
February 26, 2019 Filing 324 Consent MOTION for Leave to File Excess Pages with Brief In Support by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Lundin, Thomas)
February 11, 2019 Opinion or Order Filing 323 ORDER granting #322 Motion for Extension of Time to Answer. Thermolife International, LLC Answer due 3/2/2019. Signed by Judge Eleanor L. Ross on 2/11/2019. (rjs)
February 8, 2019 Filing 322 Unopposed MOTION for Extension of Time Respond to Second Amended Counterclaims and Second Amended Third-Party Complaint re: #320 Answer to Amended Complaint,,, Third Party Complaint,,, Counterclaim,, with Brief In Support by Ron Kramer, Thermolife International, LLC, Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Lundin, Thomas)
February 6, 2019 Opinion or Order Filing 321 ORDER: The Court ADOPTS the Special Master's amended R&R as the opinion of this Court [Doc. #317 ]; DENIES Defendants' "Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely" [Doc. #269 ]; and GRANTS Plaintiff's "Motion for Leave to Supplement Infringement Contentions" [Doc. #270 ]. Because the Court adopts the amended R&R, the Court DECLINES TO ADOPT the original R&R [Doc. #316 ]. Signed by Judge Eleanor L. Ross on 2/6/2019. (cmd)
January 31, 2019 Filing 320 Defendants ANSWER to #226 Amended Complaint [Second], Amended THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, Amended COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Advanced Performance, Innovative Laboratories, and Prime Nutrition.(Hillyer, Gregory) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/1/2019 to edit filer information. (cmd)
January 17, 2019 Opinion or Order Filing 319 ORDER: The Court ADOPTS the Special Master's R&Rs as the opinion of this Court [Docs. #310 , #311 ] and DENIES AS MOOT Defendants A1Supplements, Inc., Netnutri LLC, and Muscle Foods USA LLC's "Motion to Dismiss for Improper Venue Pursuant to Fed. R. Civ. P. 12(c)" [Doc. #233 ]. The Court also DENIES AS MOOT Defendants DPS Nutrition, Inc., Supplement Central, Inc., I-Supplement.Com, Evitamins Store 1, Suppz, Inc., All Star Health, Lockout Industries, LLC, Netrition, Inc., Supplement Warehouse.com, Inc., Island Supplements, and Black Diamond Supplements' "Motion to Dismiss for Improper Venue Pursuant to Fed. R. Civ. P. 12(B)(3)" [Doc. #239 ]. Signed by Judge Eleanor L. Ross on 1/15/2019. (cmd)
January 17, 2019 Opinion or Order Filing 318 ORDER: The Court ADOPTS the Special Master's R&Rs as the opinion of this Court [Docs. #306 , #308 ] and DENIES Defendants Hi-Tech Pharmaceuticals, Inc., Advanced Performance Supplements Nutrition, Innovative Laboratories, and Prime Nutrition's "Motion to Dismiss Plaintiff's Second Amended Complaint" [Doc. #231 ] and Motion for Oral Argument [Doc. #243 ]. The Court also DENIES Defendant Jared Wheat's "Motion to Dismiss Plaintiff's Second Amended Complaint" [Doc. #232 ]. Signed by Judge Eleanor L. Ross on 1/15/2019. (cmd)
January 15, 2019 Filing 317 REPORT AND RECOMMENDATION of Special Master re #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely , MOTION to Supplement, filed by Anthony Askew. (Askew, Anthony)
January 14, 2019 Filing 316 REPORT AND RECOMMENDATION of Special Master re #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely, #270 MOTION for Leave to Supplement Infringement Contentions, filed by Anthony Askew. (Askew, Anthony) Modified on 1/15/2019 to add docket relationship to MOTION within #270 Response and edit text. (cmd)
January 4, 2019 Filing 315 STATUS REPORT Joint Response to #314 Special Master's Request for Status Report by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Jared Wheat, Prime Nutrition, Supplements Nutrition. (Christou, Evi) Modified on 1/7/2019 to add docket relationship and edit text. (cmd)
December 18, 2018 Filing 314 SPECIAL MASTER'S REQUEST FOR STATUS REPORT by Anthony Askew (Askew, Anthony) Modified on 12/19/2018 to edit text (bnp).
December 10, 2018 Submission of #308 REPORT AND RECOMMENDATION of Special Master re #232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #311 REPORT AND RECOMMENDATION of Special Master re #239 MOTION to Dismiss for Improper Venue; #310 REPORT AND RECOMMENDATION of Special Master re #233 MOTION to Dismiss for Improper Venue to District Judge Eleanor L. Ross. (cmd)
November 19, 2018 Submission of #306 REPORT AND RECOMMENDATION of Special Master re #231 Motion to Dismiss, #243 Motion for Oral Argument to District Judge Eleanor L. Ross. (cmd)
November 13, 2018 Opinion or Order Filing 313 STIPULATED PROTECTIVE ORDER. Signed by Judge Eleanor L. Ross on 11/13/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR (cmd)
November 13, 2018 Opinion or Order Filing 312 ORDER: The Court ADOPTS the Special Master's R&R as the order of this Court [Doc. #309 ] and GRANTS the Parties' "Joint Motion for Entry of Stipulated Protective Order" [Doc. #307 ]. Signed by Judge Eleanor L. Ross on 11/13/2018. (cmd)
November 8, 2018 Filing 311 REPORT AND RECOMMENDATION of Special Master re #239 MOTION to Dismiss for Improper Venue, filed by Anthony Askew. (Askew, Anthony)
November 8, 2018 Filing 310 REPORT AND RECOMMENDATION of Special Master re #233 MOTION to Dismiss for Improper Venue, filed by Anthony Askew. (Askew, Anthony)
November 1, 2018 Filing 309 REPORT AND RECOMMENDATION of Special Master re #307 Joint MOTION for Protective Order , filed by Anthony Askew. (Askew, Anthony)
October 30, 2018 Filing 308 REPORT AND RECOMMENDATION of Special Master re #232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM RECOMMENDING that the motion be DENIED, filed by Anthony Askew. (Askew, Anthony) Modified on 10/31/2018 to edit text. (cmd)
October 22, 2018 Filing 307 Joint MOTION for Protective Order by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
October 2, 2018 Filing 306 REPORT AND RECOMMENDATION of Special Master re #231 MOTION to Dismiss and #243 MOTION for Oral Argument filed by Anthony Askew. (Askew, Anthony) Modified on 10/2/2018 to correct linkage. (jtj)
September 25, 2018 Clerk's Entry of Dismissal APPROVING #305 Notice of Voluntary Dismissal as to Defendant World Class Nutrition, pursuant to Fed.R.Civ.P.41(a)(1)(i). (rsg)
September 25, 2018 Clerk's Entry of Dismissal APPROVING #304 Stipulation of Dismissal as to Defendants A1 Supplements, Inc., Netnutri LLC, Muscle Foods USA LLC, DPS Nutrition, Inc., Supplement Central, Inc., ISupplement.com, Evitamins, Suppz, Inc., All Star Health, Lockout Industries, LLC, Netrition Inc., Supplement Warehouse.com, Inc., Island Supplements and Black Diamond Supplements, pursuant to Fed.R.Civ.P.41(a)(1)(ii). (rsg)
September 24, 2018 Filing 305 NOTICE of Voluntary Dismissal as to Defendant World Class Nutrition, Without Prejudice filed by Thermolife International, LLC (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
September 24, 2018 Filing 304 STIPULATION of Dismissal as to Defendants A1 Supplements, Inc., Netnutri LLC, Muscle Foods USA LLC, DPS Nutrition, Inc., Supplement Central, Inc., ISupplement.com, Evitamins Store 1, Suppz, Inc., All Star Health, Lockout Industries, LLC, Netrition Inc., Supplement Warehouse.com, Inc., Island Supplements and Black Diamond Supplements Only, Without Prejudice by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
August 28, 2018 Filing 303 SUR-REPLY BRIEF re #239 MOTION to Dismiss for Improper Venue, #233 MOTION to Dismiss for Improper Venue filed by A1 Supplements, Inc., Hi-Tech Pharmaceuticals, Inc., Jared Wheat, DPS Nutrition, Supplement Central, I-Supplements.com, Evitamins, Suppz, Inc., SupplementalWarehouse.com, Island Supplements, Netnutri, Muscle Foods USA, Black Diamond Supplements, Innovative Laboratories, Prime Nutrition, Advanced Performance, Supplements Nutrition, World Class Nutrition, All Star Health, Lockout Industries, LLC, Netrition, Inc. (Hillyer, Gregory) Modified on 8/29/2018 to edit text and filer information. (cmd)
August 28, 2018 Filing 302 STATUS REPORT re #300 Notice by Hi-Tech Pharmaceuticals, Inc. (Hillyer, Gregory) Modified on 8/29/2018 to add docket relationship and hyperlink. (cmd)
August 28, 2018 Filing 301 STATUS REPORT (Pursuant to Request by Special Master, Dkt. No. #300 ) by Thermolife International, LLC. (Dilger, Nathaniel) Modified on 8/29/2018 to add docket relationship and hyperlink. (cmd)
August 14, 2018 Filing 300 NOTICE by Anthony Askew of Special Master's Request for Status Reports and Optional Sur-Reply Briefs (Askew, Anthony)
August 10, 2018 Civil Case Terminated. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
August 10, 2018 Opinion or Order Filing 299 ORDER governing the scope and duties of the Special Master. The Clerk is directed to ADMINISTRATIVELY CLOSE this case. Upon the Special Master's filing of any Report & Recommendation, the parties shall move to reopen this case. The Court further ORDERS that objections to the Special Master's Report(s) & Recommendation(s) shall be due within TWENTY-ONE (21) DAYS of the filing of a Report & Recommendation. Responses shall be due FOURTEEN (14) DAYS after the filing of any objections. Any filing must be in accordance with this Court's Local Rules and with the Undersigned's instructions. Signed by Judge Eleanor L. Ross on 8/10/18. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(jpa)
August 6, 2018 Filing 298 AFFIDAVIT re #297 Order Referring Case to Special Master, by Anthony Askew. (Askew, Anthony)
August 3, 2018 Clerk's Certificate of Mailing as to Anthony Askew re (297 in 1:15-cv-00892-ELR, 146 in 1:15-cv-00893-ELR, 101 in 1:15-cv-00894-ELR) Order Referring Case to Special Master. Notice of street name change for the Atlanta courthouse included. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
August 3, 2018 Opinion or Order Filing 297 ORDER REFERRING CASE to Special Master Anthony "Tony" Askew. The Court ORDERS Mr. Askew to confirm, pursuant to Federal Rule of Civil Procedure 53(a)(2) and 53(b)(3), that he has no conflict within seven (7) days from the date of entry of this order. Signed by Judge Eleanor L. Ross on 8/3/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
July 27, 2018 Submission of (294 in 1:15-cv-00892-ELR, 145 in 1:15-cv-00893-ELR, 100 in 1:15-cv-00894-ELR) Order to District Judge Eleanor L. Ross. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
July 26, 2018 Filing 296 RESPONSE re #294 Order Parties' Joint Submission of Proposed Special Masters filed by Thermolife International, LLC. (Dilger, Nathaniel) Modified on 7/27/2018 to edit text. (cmd)
July 13, 2018 Filing 295 NOTICE of Change of Address for Gregory L. Hillyer, counsel for A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc. (Parker, Cynthia) Modified on 7/16/2018 to edit text. (cmd)
July 5, 2018 Opinion or Order Filing 294 ORDER: In light of the apparent complexities of this case, the Court puts the parties on notice that the Court will likely appoint a special master to consider the motions to dismiss, and to preside over any hearing held on those motions, if necessary. Accordingly, the Court DIRECTS any party to submit objections to the Court's decision to appoint a special master within seven (7) days from the date of entry of this order. Moreover, the Court DIRECTS the parties, within twenty-one (21) days from the date of entry of this order, either (A) to each file with the Court a notice of a list of three (3) possible special masters from which the Court will choose a special master or (B) to file a joint notice indicating the special master agreed upon by all parties. The Court DIRECTS the Clerk to resubmit this matter after twenty-one (21) days. Signed by Judge Eleanor L. Ross on 7/5/2018. Associated Cases: 1:15-cv-00892-ELR, 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
July 2, 2018 Filing 293 Joint MOTION for Telephonic Status Conference by Thermolife International, LLC. (Dilger, Nathaniel) Modified on 7/3/2018 to edit motion relief and text. (cmd)
June 18, 2018 Submission of #288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction to District Judge Eleanor L. Ross. (cmd)
June 15, 2018 Filing 292 REPLY BRIEF re #288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction filed by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc.. (Attachments: #1 Exhibit 1)(Katsantonis, Evi)
June 4, 2018 Filing 291 RESPONSE re #280 Claim Construction Brief,, filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D Part 1, #5 Exhibit D Part 2, #6 Exhibit D Part 3, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Dilger, Nathaniel)
June 4, 2018 Filing 290 RESPONSE re #281 Claim Construction Brief,, Defendants' Responsive Claim Construction Brief filed by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Katsantonis, Evi)
June 1, 2018 Filing 289 RESPONSE in Opposition re #288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B PART 1, #3 Exhibit B PART 2, #4 Exhibit B PART 3, #5 Exhibit B PART 4)(Dilger, Nathaniel)
May 18, 2018 Filing 288 MOTION for Leave to File Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc.. (Attachments: #1 Defendants' Motion to Preclude Plaintiff From Relying on Untimely Definitions and Expert Testimony for Purposes of Claim Construction)(Katsantonis, Evi) Modified on 5/21/2018 to edit text. (cmd)
May 15, 2018 Opinion or Order Filing 287 ORDER GRANTING #286 Attorney Kalman Magyar's Motion to Withdraw as Co-Counsel for Plaintiff. Signed by Judge Eleanor L. Ross on 5/15/2018. (cmd)
May 10, 2018 Filing 286 MOTION to Withdraw Kalman Magyar as Attorney by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1: Certificate of Consent to Withdrawal)(Magyar, Kalman) Modified on 5/11/2018 to edit text. (cmd)
May 9, 2018 Opinion or Order Filing 285 ORDER GRANTING #283 Motion to Withdraw as Attorney. Attorney Katrina M. Quicker terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw)
May 9, 2018 Opinion or Order Filing 284 ORDER GRANTING #282 Motion to Withdraw as Attorney. Attorney Jason Paul Grier terminated. Signed by Judge Eleanor L. Ross on 5/9/18. (bnw)
May 8, 2018 Filing 283 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Quicker, Katrina)
May 8, 2018 Filing 282 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 - Certificate of Consent)(Grier, Jason)
May 7, 2018 Filing 281 Claim Construction Brief filed by Thermolife International, LLC.. (Attachments: #1 Affidavit of Dr. Chamberlin, #2 Exhibit A to Declaration of Dr. Chamberlin, #3 Affidavit of Vishwanath Kootala Mohan, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L, #16 Exhibit M, #17 Exhibit N, #18 Exhibit O, #19 Exhibit P, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T)(Dilger, Nathaniel)
May 7, 2018 Filing 280 Claim Construction Brief filed by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc... (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Part 1), #4 Exhibit C (Part 2), #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)(Katsantonis, Evi)
May 1, 2018 Opinion or Order Filing 279 ORDER GRANTING #278 Joint Motion to Extend Markman Deadlines. It is hereby ordered that the period in which the parties may file their opening claim construction briefs under Local Patent Rule 6.5 is extended through and including May 7, 2018 and the responsive briefs are now due on June 4, 2018. Signed by Judge Eleanor L. Ross on 5/1/2018. (cmd)
April 25, 2018 Filing 278 Joint MOTION to Continue Markman Deadlines by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
April 19, 2018 Opinion or Order Filing 277 ORDER denying Attorney Jason P. Grier's Motion to Withdraw Appearance of Co-Counsel #275 and Attorney Katrina M. Quicker's #276 Motion to Withdraw as Attorney. Signed by Judge Eleanor L. Ross on 4/19/18. (jpa)
April 13, 2018 Filing 276 MOTION to Withdraw Katrina M. Quicker as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Quicker, Katrina)
April 13, 2018 Filing 275 MOTION to Withdraw Jason Paul Grier as Attorneyby Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason)
March 28, 2018 Filing 274 Claim Construction Statement (Joint) pursuant to Patent LR 6.3 filed by Thermolife International, LLC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Dilger, Nathaniel)
March 6, 2018 Filing 273 CERTIFICATE OF SERVICE filed by Thermolife International, LLC (Dilger, Nathaniel)
February 15, 2018 Submission of #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely to District Judge Eleanor L. Ross. (cmd)
February 14, 2018 Filing 272 REPLY to Response to Motion re #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely filed by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc.. (Katsantonis, Evi)
February 12, 2018 Filing 271 NOTICE by Thermolife International, LLC re #270 Response in Opposition to Motion, Notice of Supplemental Authority (Dilger, Nathaniel)
January 31, 2018 MOTION for Leave to Supplement Infringement Contentions by Thermolife International, LLC. (Motion found within the #270 Response.) (cmd)
January 31, 2018 Filing 270 RESPONSE in Opposition re #269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely and Plaintiffs Motion For Leave To Supplement Infringement Contentions filed by Thermolife International, LLC. (Attachments: #1 Affidavit of Vishwanath Kootala Mohan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Text of Proposed Order)(Dilger, Nathaniel)
January 17, 2018 Filing 269 MOTION Defendants' Motion to Deem Plaintiff's Supplemental Infringement Contentions Untimely by A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Katsantonis, Evi)
January 10, 2018 Submission of #243 MOTION for Oral Argument re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to District Judge Eleanor L. Ross. (cmd)
January 4, 2018 Filing 268 REPLY to Response to Motion re #243 MOTION for Oral Argument re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Prime Nutrition. (Leach, Arthur)
December 22, 2017 Filing 267 RESPONSE in Opposition re #243 MOTION for Oral Argument re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Dilger, Nathaniel)
December 15, 2017 Filing 266 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Island Supplements (Dilger, Nathaniel)
December 15, 2017 Filing 265 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant World Class Nutrition (Dilger, Nathaniel)
December 15, 2017 Filing 264 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Suppz Inc. (Dilger, Nathaniel)
December 15, 2017 Filing 263 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Supplementwarehouse.com Inc (Dilger, Nathaniel)
December 15, 2017 Filing 262 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Supplement Central (Dilger, Nathaniel)
December 15, 2017 Filing 261 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Prime Nutrition (Dilger, Nathaniel)
December 15, 2017 Filing 260 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Netrition, Inc (Dilger, Nathaniel)
December 15, 2017 Filing 259 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Netnutri LLC (Dilger, Nathaniel)
December 15, 2017 Filing 258 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Muscle Foods USA LLC (Dilger, Nathaniel)
December 15, 2017 Filing 257 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Jared Wheat (Dilger, Nathaniel)
December 15, 2017 Filing 256 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Innovative Laboratories (Dilger, Nathaniel)
December 15, 2017 Filing 255 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Lockout Industries LLC (Dilger, Nathaniel)
December 15, 2017 Filing 254 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant I-Supplements.com (Dilger, Nathaniel)
December 15, 2017 Filing 253 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Initial Infringement Contentions on Defendant Hi-Tech Pharmaceuticals, Inc (Dilger, Nathaniel)
December 15, 2017 Filing 252 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Initial Infringement Contentions on Defendant Advanced Performance Supplements Nutrition (Dilger, Nathaniel)
December 15, 2017 Filing 251 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Initial Infringement Contentions on Defendant EVitamins Store 1 (Dilger, Nathaniel)
December 15, 2017 Filing 250 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Initial Infringement Contentions on Defendant DPS Nutrition Inc. (Dilger, Nathaniel)
December 15, 2017 Filing 249 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Initial Infringement Contentions on Defendant Black Diamond Supplements (Dilger, Nathaniel)
December 15, 2017 Filing 248 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Infringement Contentions on Defendant All Star Health (Dilger, Nathaniel)
December 15, 2017 Filing 247 CERTIFICATE OF SERVICE filed by Thermolife International, LLC ThermoLife International, LLC's Second Infringement Contentions on A1 Supplements (Dilger, Nathaniel)
December 12, 2017 Submission of #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM; #233 MOTION to Dismiss for Improper Venue; and #239 MOTION to Dismiss for Improper Venue to District Judge Eleanor L. Ross. (cmd)
December 11, 2017 Filing 246 REPLY to Response to Motion re #232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jared Wheat. (Leach, Arthur)
December 11, 2017 Filing 245 REPLY to Response to Motion re #239 MOTION to Dismiss for Improper Venue filed by All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Island Supplements, Lockout Industries, LLC, Netrition, Inc., Supplement Central, SupplementWarehouse.com, Suppz, Inc.. (Attachments: #1 Exhibit A)(Leach, Arthur)
December 11, 2017 Filing 244 REPLY to Response to Motion re #233 MOTION to Dismiss for Improper Venue filed by A1 Supplements, Inc., Muscle Foods USA, Netnutri. (Leach, Arthur)
December 8, 2017 Filing 243 MOTION for Oral Argument re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Prime Nutrition. (Leach, Arthur)
December 8, 2017 Filing 242 REPLY to Response to Motion re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Prime Nutrition. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Leach, Arthur)
November 29, 2017 Filing 241 RESPONSE in Opposition re #239 MOTION to Dismiss for Improper Venue filed by Thermolife International, LLC. (Dilger, Nathaniel)
November 15, 2017 Filing 240 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Thermolife International, LLC. (Dilger, Nathaniel)
November 15, 2017 Filing 239 MOTION to Dismiss for Improper Venue with Brief In Support by All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Island Supplements, Lockout Industries, LLC, Netrition, Inc., Supplement Central, SupplementWarehouse.com, Suppz, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Leach, Arthur)
November 13, 2017 Filing 238 RESPONSE in Opposition re #231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dilger, Nathaniel)
November 13, 2017 Filing 237 RESPONSE in Opposition re #232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dilger, Nathaniel)
November 13, 2017 Filing 236 RESPONSE in Opposition re #233 MOTION to Dismiss for Improper Venue filed by Thermolife International, LLC. (Attachments: #1 Exhibit A)(Dilger, Nathaniel)
October 26, 2017 Opinion or Order Filing 235 ORDER GRANTING #234 Joint Motion for Consent Order. IT IS HEREBY ORDERED that any opposition to the #231 , #232 , and #233 motions shall be filed on or before Monday, November 13, 2017; any reply in support of the above motions shall be filed on or before Monday, December 11, 2017. Signed by Judge Eleanor L. Ross on 10/26/2017. (cmd)
October 24, 2017 Filing 234 Joint MOTION for Order requesting that the Court extend the briefing schedule by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Dilger, Nathaniel)
October 16, 2017 Filing 233 MOTION to Dismiss for Improper Venue with Brief In Support by A1 Supplements, Inc., Muscle Foods USA, Netnutri. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order)(Leach, Arthur)
October 16, 2017 Filing 232 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Affidavit of Jared Wheat, #2 Exhibit A, #3 Text of Proposed Order)(Leach, Arthur)
October 16, 2017 Filing 231 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Advanced Performance, Hi-Tech Pharmaceuticals, Inc., Innovative Laboratories, Prime Nutrition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Text of Proposed Order)(Leach, Arthur)
October 16, 2017 Opinion or Order Filing 230 ORDER GRANTING #229 Consent Motion for Extension of Time to File Answer re #226 Second Amended Complaint, or Otherwise Respond; All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Island Supplements, Lockout Industries, LLC, Netrition, Inc., Supplement Central, SupplementWarehouse.com, Suppz, Inc., and World Class Nutrition Answers due 11/15/2017. Signed by Judge Eleanor L. Ross on 10/16/2017. (sap)
October 13, 2017 Filing 229 Consent MOTION for Extension of Time to File Answer re #226 Second Amended Complaint, or Otherwise Respond by All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Island Supplements, Lockout Industries, LLC, Netrition, Inc., Supplement Central, SupplementWarehouse.com, Suppz, Inc., World Class Nutrition. (Attachments: #1 Text of Proposed Order) (Parker, Cynthia)
October 5, 2017 Clerks Certificate of Mailing to Attorney Evi T. Katsantonia as to A1 Supplements, Inc. regarding Approval of Application for Admission Pro Hac Vice. Notice of street name change for the Atlanta courthouse included. (mlb)
October 5, 2017 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #227 Application for Admission Pro Hac Vice filed by Gregory L. Hillyer and GRANTING #228 Application for Admission Pro Hac Vice filed by Evi T. Katsantonis. Approved by District Judge Eleanor L. Ross on 10/5/17. (mlb)
October 4, 2017 APPROVAL by Clerks Office re: #228 APPLICATION for Admission of Evi T Katsantonis Pro Hac Vice (Application fee $ 150, receipt number 113E-7416945). Attorney Evi T. Katsantonis added appearing on behalf of A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Nutrition Jungle, Prime Nutrition, Supplements Nutrition, Suppz, Inc., World Class Nutrition (pmb)
October 4, 2017 APPROVAL by Clerks Office re: #227 APPLICATION for Admission of Gregory L Hillyer Pro Hac Vice (Application fee $ 150, receipt number 113E-7416926). Attorney Gregory L. Hillyer added appearing on behalf of A1 Supplements, Inc., Advanced Performance, All Star Health, Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Innovative Laboratories, Island Supplements, Jared Wheat, Lockout Industries, LLC, Muscle Foods USA, Netnutri, Netrition, Inc., Nutrition Jungle, Prime Nutrition, Supplement Central, SupplementWarehouse.com, Supplements Nutrition, Suppz, Inc., World Class Nutrition (pmb)
September 29, 2017 Filing 228 APPLICATION for Admission of Evi T Katsantonis Pro Hac Vice (Application fee $ 150, receipt number 113E-7416945)by Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
September 29, 2017 Filing 227 APPLICATION for Admission of Gregory L Hillyer Pro Hac Vice (Application fee $ 150, receipt number 113E-7416926)by Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
September 25, 2017 Filing 226 Second AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Thermolife International, LLC. (Attachments: #1 Exhibit A TO E, #2 Exhibit EE TO N)(Dilger, Nathaniel) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
September 13, 2017 Opinion or Order Filing 225 ORDER GRANTING #224 Joint Motion for Consent Order. Plaintiff shall have until September 25, 2017 to file an amended complaint, and Defendants shall have 21 days from the date of any such filing to file their respective answers and counterclaims or otherwise respond to Plaintiff's amended complaint. Signed by Judge Eleanor L. Ross on 9/13/2017. (cmd)
September 13, 2017 Submission of #224 JOINT MOTION for Consent Order to District Judge Eleanor L. Ross. (cmd)
September 8, 2017 Filing 224 JOINT MOTION for Consent Order. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified on 9/13/2017 to change filing event to Motion. (cmd)
August 28, 2017 Opinion or Order Filing 223 ORDER GRANTING the (222) Motion to Consolidate Cases in case 1:15-cv-00892-ELR; the (134) Motion to Consolidate Cases in case 1:15-cv-00893-ELR; and the (89) Motion to Consolidate Cases in case 1:15-cv-00894-ELR. The parties shall hereafter treat Case No. 1:15-cv-00892-ELR as the lead action for all future filings. Signed by Judge Eleanor L. Ross on 8/25/2017. Associated Cases: 1:15-cv-00893-ELR, 1:15-cv-00894-ELR(cmd)
August 25, 2017 Submission of #222 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR; 1:15-cv-00893-ELR and 1:15-cv-00894-ELR to District Judge Eleanor L. Ross. (cmd)
August 23, 2017 Filing 222 Consent MOTION to Consolidate Cases 1:15-cv-00892-ELR; 1:15-cv-00893-ELR and 1:15-cv-00894-ELR by Thermolife International, LLC. (Dilger, Nathaniel)
August 7, 2017 Clerk's Certificate of Mailing as to Attorney Nathaniel Dilger re #221 Order. Notice of street name change for the Atlanta courthouse included. (cmd)
August 7, 2017 Opinion or Order Filing 221 ORDER GRANTING the #219 Consent Motion and LIFTING the stay in this action. Signed by Judge Eleanor L. Ross on 8/7/2017. (cmd)
August 3, 2017 Clerks Certificate of Mailing to Attorney Nathaniel L. Dilger as to Thermolife International, LLC regarding Order on Application for Admission PHV. Notice of street name change for the Atlanta courthouse included. (mlb)
August 3, 2017 Opinion or Order MINUTE ORDER (by docket entry only) GRANTING #217 Application for Admission Pro Hac Vice filed by Nathaniel L. Dilger. Approved by District Judge Eleanor L. Ross on 8/3/17. (mlb)
August 3, 2017 Filing 220 PROPOSED CONSENT ORDER Granting #219 Consent MOTION for Order Lifting Stay. (Jones, Cammi) Modified on 8/4/2017 to remove double wording (btql).
August 3, 2017 Submission of #219 Consent MOTION for Order Lifting Stay to District Judge Eleanor L. Ross. (btql)
August 2, 2017 Filing 219 Consent MOTION for Order Lifting Stay by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Jones, Cammi) Modified on 8/3/2017: Attachment 1 is incomplete pdf. Attorney to re-file proposed order (hfm).
August 2, 2017 APPROVAL by Clerks Office re: #217 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272869). Attorney Nathaniel L. Dilger added appearing on behalf of Thermolife International, LLC (pmb)
July 20, 2017 Filing 218 NOTICE of Appearance by Thomas Charles Lundin, Jr on behalf of Thermolife International, LLC (Lundin, Thomas)
July 18, 2017 Filing 217 APPLICATION for Admission of Nathaniel L Dilger Pro Hac Vice (Application fee $ 150, receipt number 113E-7272869)by Thermolife International, LLC. (Jones, Cammi)
July 18, 2017 Filing 216 NOTICE of Appearance by Cammi Ryan Jones on behalf of Thermolife International, LLC (Jones, Cammi)
July 11, 2017 Filing 215 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
March 15, 2017 Filing 214 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
November 14, 2016 Filing 213 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
July 26, 2016 Filing 212 NOTICE FROM THE COURT: INSTRUCTIONS FOR CIVIL CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. (mlb)
July 11, 2016 Filing 211 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
July 6, 2016 Opinion or Order Filing 210 ORDER: Accordingly, the Court DENIES Defendant Jared Wheat's Motion to Dismiss for Failure to State a Claim #125 , Third-Party Defendant Ron Kramer's Motion to Dismiss for Lack of Personal Jurisdiction and Failure to State a Claim #148 , and Defendant Hi-Tech Pharmaceutical's Motion for Sanctions #202 . The Parties may refile these motions after the USPTO proceedings have concluded. Signed by Judge Eleanor L. Ross on 7/6/16. (bnw)
March 11, 2016 Filing 209 STATUS REPORT Regarding the Progress of the Reexamination Proceedings by Thermolife International, LLC. (Grier, Jason)
December 7, 2015 Filing 208 REPLY BRIEF re #202 MOTION for Sanctions filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Parker, Cynthia)
December 1, 2015 Submission of #202 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb)
November 19, 2015 Filing 207 RESPONSE in Opposition re #202 MOTION for Sanctions filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - NDGA Order, #2 Exhibit B - Wheat Dep. Excerpt)(Grier, Jason)
November 17, 2015 Clerk's Entry of Dismissal APPROVING #206 Notice of Voluntary Dismissal pursuant to Fed.R.Civ.P.41(a)(1)(i) without prejudice of Defendant Nutrition Jungle with each party to bear its own costs, expenses, and attorneys' fees. (bdb)
November 16, 2015 Filing 206 NOTICE of Voluntary Dismissal of Defendant Nutrition Jungle filed by Thermolife International, LLC (Grier, Jason)
November 9, 2015 Filing 205 Return of Service Executed by Thermolife International, LLC. Nutrition Jungle served on 10/27/2015. (Grier, Jason) Modified to accurately reflect entry on 11/10/2015 (bdb). Modified case stayed on 11/10/2015 (bdb).
November 9, 2015 Notification of Docket Correction re #203 Order on Motions. Entry corrected to attached Order with correct date for parties to file status report: The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2016, to update the Court as to the progress of the reexamination proceedings. (mdy)
November 9, 2015 Submission of #148 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Submitted to District Judge Eleanor L. Ross. (bdb)
November 6, 2015 Filing 204 REPLY BRIEF re #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jared Wheat. (Leach, Arthur)
November 5, 2015 Opinion or Order Filing 203 ORDER that: 1) Defendants' Motion to Stay (Doc. No. #124 ) pending the USPTO's reexamination of the patents-in-suit is GRANTED. The Parties are DIRECTED to file a status report every four (4) months, beginning March 11, 2016, to update the Court as to the progress of the reexamination proceedings. 2) The following Motions are DENIED with permission to refile: Doc. Nos. #45 , #46 , #69 , #72 , #73 , #74 , #75 , #76 , #77 , #78 , #79 , #80 , #81 , #82 , #124 , #127 , #128 , #163 , #164 , #165 , #166 , #167 , #168 , #169 , #170 , #171 , and #172 . The Parties may reactivate any of these Motions after the Court lifts the stay on these proceedings. 3) For good cause shown, Plaintiff's Motion to File Document Under Seal (Doc. No. #89 ) is GRANTED. Plaintiff may file its exhibit entitled "Agreement for Purchase and Sale of APS Distribution" under seal. Additionally, Plaintiff may redact any statements relying on that exhibit from its brief opposing Jared Wheat's Motion for Rule 11 Sanctions. The Court reserves the right, upon notice to the Parties, to lift this seal at any time. 4) Despite the stay of this action, the Court will take the following Motions under advisement: Doc. Nos. #125 , #148 , and #202 . Briefing in respect to these Motions SHALL NOT be affected by the stay. Signed by Judge Eleanor L. Ross on 11/5/2015. (tcc) (Additional attachment(s) added on 11/9/2015: #1 Order) (mdy).
November 3, 2015 Submission of #124 MOTION to Stay, submitted to District Judge Eleanor L. Ross. (jtj)
November 2, 2015 Filing 202 MOTION for Sanctions with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Text of Proposed Order)(Leach, Arthur)
November 2, 2015 Filing 201 REPLY BRIEF re #124 MOTION to Stay filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Leach, Arthur)
October 29, 2015 Opinion or Order Filing 200 ORDER granting #199 Defendant Hi-Tech Pharmaceuticals, Inc. Unopposed Motion for Extension of Time to File a Reply in support of #127 MOTION to Amend #20 Answer to Complaint, Third Party Complaint, Counterclaim and Wheat's Reply in support of his #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to 11/6/2015. Signed by Judge Eleanor L. Ross on 10/29/2015. (bdb)
October 28, 2015 Filing 199 MOTION for Extension of Time to File Replies re: #184 Response in Opposition to Motion, #185 Response in Opposition to Motion by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia)
October 26, 2015 Filing 198 REPLY BRIEF re #148 MOTION to Dismiss for Lack of Personal Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ron Kramer. (Grier, Jason)
October 26, 2015 Filing 197 RESPONSE in Opposition re #172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Newly Filed Counterclaims filed by Black Diamond Supplements. (Parker, Cynthia)
October 26, 2015 Filing 196 RESPONSE in Opposition re #171 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Newly Filed Counterclaims filed by Muscle Foods USA. (Parker, Cynthia)
October 26, 2015 Filing 195 RESPONSE in Opposition re #170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Newly Filed Counterclaims filed by Netnutri. (Parker, Cynthia)
October 26, 2015 Filing 194 RESPONSE in Opposition re #169 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Newly Filed Counterclaims filed by Island Supplements. (Parker, Cynthia)
October 26, 2015 Filing 193 RESPONSE in Opposition re #168 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Newly Filed Counterclaims filed by Suppz, Inc.. (Parker, Cynthia)
October 26, 2015 Filing 192 RESPONSE in Opposition re #167 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Newly Filed Counterclaims filed by Evitamins. (Parker, Cynthia)
October 26, 2015 Filing 191 RESPONSE in Opposition re #166 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Newly Filed Counterclaims filed by I-Supplements.com. (Parker, Cynthia)
October 26, 2015 Filing 190 RESPONSE in Opposition re #165 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Newly Filed Counterclaims filed by Supplement Central. (Parker, Cynthia)
October 26, 2015 Filing 189 RESPONSE in Opposition re #164 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Newly Filed Counterclaims filed by DPS Nutrition. (Parker, Cynthia)
October 26, 2015 Filing 188 RESPONSE in Opposition re #163 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements Newly Filed Counterclaims filed by A1 Supplements, Inc.. (Parker, Cynthia)
October 23, 2015 Filing 187 Electronic Summons Issued as to Nutrition Jungle. (bdb)
October 22, 2015 Filing 186 NOTICE Of Filing Summons as to Nutrition Jungle by Thermolife International, LLC (Grier, Jason)
October 15, 2015 Filing 185 RESPONSE in Opposition re #127 MOTION to Amend #20 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by Thermolife International, LLC. (Grier, Jason)
October 15, 2015 Filing 184 RESPONSE in Opposition re #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Wheat Dep. Tr.)(Grier, Jason)
October 15, 2015 Filing 183 RESPONSE in Opposition re #124 MOTION to Stay filed by Thermolife International, LLC. (Grier, Jason)
October 14, 2015 Filing 182 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Suppz, Inc..(Leach, Arthur)
October 14, 2015 Filing 181 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Netnutri.(Leach, Arthur)
October 14, 2015 Filing 180 CERTIFICATE OF SERVICE of Amended Initial Disclosures by I-Supplements.com.(Leach, Arthur)
October 14, 2015 Filing 179 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Island Supplements.(Leach, Arthur)
October 14, 2015 Filing 178 CERTIFICATE OF SERVICE of Amended Initial Disclosures by DPS Nutrition.(Leach, Arthur)
October 14, 2015 Filing 177 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Black Diamond Supplements.(Leach, Arthur)
October 14, 2015 Filing 176 CERTIFICATE OF SERVICE of Amended Initial Disclosures by A1 Supplements, Inc..(Leach, Arthur)
October 13, 2015 Filing 175 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Supplement Central.(Leach, Arthur)
October 13, 2015 Filing 174 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur)
October 13, 2015 Filing 173 CERTIFICATE OF SERVICE of Amended Initial Disclosures by Jared Wheat.(Leach, Arthur)
October 8, 2015 Filing 172 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 171 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 170 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 169 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 168 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 167 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 166 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 165 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 164 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 163 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements Newly Filed Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Text of Proposed Order)(Grier, Jason)
October 8, 2015 Filing 162 RESPONSE in Opposition re #148 MOTION to Dismiss for Lack of Personal Jurisdiction and MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur)
October 8, 2015 Filing 161 CERTIFICATE OF SERVICE of Initial Disclosures by Muscle Foods USA.(Leach, Arthur)
October 8, 2015 Filing 160 CERTIFICATE OF SERVICE of Initial Disclosures by Evitamins.(Leach, Arthur)
October 7, 2015 Opinion or Order Filing 159 ORDER granting in part and denying in part #66 Motion to Permit Alternative Methods of Service of Process and for Additional Time to Serve Defendants Jared Wheat and Nutrition Jungle. As to Defendant Wheat, Plaintiff's Motion is DENIED AS MOOT. Plaintiff shall have an additional three weeks to perfect service on Nutrition Jungle using traditional methods. Plaintiff's Motion to effectuate service using alternative methods is DENIED without prejudice. If Plaintiff is unable to serve Nutrition Jungle by traditional means, the Court will consider a motion for service by publication. Signed by Judge Eleanor L. Ross on 10/7/2015. (bdb)
October 5, 2015 Opinion or Order Filing 158 ORDER granting #147 Defendants' Emergency Motion to Hold All Obligations and Deadlines Under the Local Patent Rules in Abeyance (temporarily STAYED) Pending Resolution of Defendants' #124 Motion to Stay this action. Signed by Judge Eleanor L. Ross on 10/5/2015. (bdb)
October 1, 2015 Submission of #147 Emergency MOTION to Stay Local Patent Rules. Submitted to District Judge Eleanor L. Ross. (bdb)
September 29, 2015 Filing 157 REPLY BRIEF re #147 Emergency MOTION to Stay Local Patent Rules filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur)
September 28, 2015 Filing 156 RESPONSE in Opposition re #147 Emergency MOTION to Stay Local Patent Rules filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Sept. 18, 2015 Email)(Grier, Jason)
September 25, 2015 Opinion or Order Filing 155 ORDER granting #152 Unopposed Motion for Extension of Time to Respond to #124 MOTION to Stay, #125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #127 MOTION to Amend #20 Answer to Complaint, Third Party Complaint and Counterclaim to 10/15/2015. Signed by Judge Eleanor L. Ross on 9/25/2015. (bdb)
September 24, 2015 Filing 154 CERTIFICATE OF SERVICE of Initial Disclosures by Netnutri.(Leach, Arthur)
September 24, 2015 Filing 153 CERTIFICATE OF SERVICE of Initial Disclosures by Black Diamond Supplements.(Leach, Arthur)
September 24, 2015 Filing 152 Unopposed MOTION for Extension of Time to Respond to Motion to Stay, Motion to Dismiss, and Motion to Amend by Thermolife International, LLC. (Attachments: #1 Text of Proposed Order)(Grier, Jason)
September 23, 2015 Filing 151 CERTIFICATE OF SERVICE of Initial Disclosures by Jared Wheat.(Leach, Arthur)
September 22, 2015 Filing 150 CERTIFICATE OF SERVICE of Initial Disclosures by I-Supplements.com.(Leach, Arthur)
September 22, 2015 Opinion or Order Filing 149 ORDER re #147 Emergency MOTION to Stay Local Patent Rules filed by Hi-Tech Pharmaceuticals, Inc. Plaintiff Response to Motion due by 9/28/2015. Defendant Reply Brief due by 9/30/2015. Signed by Judge Eleanor L. Ross on 9/22/2015. (bdb)
September 21, 2015 Filing 148 MOTION to Dismiss for Lack of Personal Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ron Kramer. (Attachments: #1 Brief, #2 Exhibit A - Kramer Decl., #3 Text of Proposed Order)(Grier, Jason)
September 21, 2015 Filing 147 Emergency MOTION to Stay Local Patent Rules with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia)
September 17, 2015 Filing 146 CERTIFICATE OF SERVICE of Initial Disclosures by DPS Nutrition.(Leach, Arthur)
September 17, 2015 Filing 145 CERTIFICATE OF SERVICE of Initial Disclosures by Supplement Central.(Leach, Arthur)
September 17, 2015 Filing 144 CERTIFICATE OF SERVICE of Initial Disclosures by Island Supplements.(Leach, Arthur)
September 17, 2015 Filing 143 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Black Diamond Supplements by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 142 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Muscle Foods USA by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 141 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Netnutri by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 140 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Island Supplements by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 139 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Suppz, Inc. by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 138 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Evitamins by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 137 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on I-Supplements.com by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 136 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Supplement Central, Inc. by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 135 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on DPS Nutrition, Inc. by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 134 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on A1 Supplements by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 133 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Jared Wheat by Thermolife International, LLC.(Grier, Jason)
September 17, 2015 Filing 132 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Infringement Contentions on Hi-Tech Pharmaceuticals, Inc. by Thermolife International, LLC.(Grier, Jason)
September 16, 2015 Filing 131 CERTIFICATE OF SERVICE of Initial Disclosures by Suppz, Inc..(Leach, Arthur)
September 16, 2015 Filing 130 CERTIFICATE OF SERVICE of Initial Disclosures by A1 Supplements, Inc..(Leach, Arthur)
September 16, 2015 Filing 129 CERTIFICATE OF SERVICE of Initial Disclosures by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur)
September 15, 2015 Filing 128 MOTION for Leave to File Excess Page Limitation in his Reply to Plaintiff's Response to his #72 Motion for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified to accurately reflect entry on 9/16/2015 (bdb).
September 15, 2015 Submission of #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Counterclaims, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements' Counterclaims, #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Counterclaims, #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Counterclaims, #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Counterclaims, #81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Counterclaims, #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Counterclaims, #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Counterclaims, #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Counterclaims, #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Counterclaims. Submitted to District Judge Eleanor L. Ross. (bdb)
September 14, 2015 Filing 127 MOTION to Amend #20 Answer to Complaint, Third Party Complaint, Counterclaim,,, with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Leach, Arthur)
September 14, 2015 Filing 126 ANSWER to #84 Amended Complaint , THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 125 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Leach, Arthur)
September 14, 2015 Filing 124 MOTION to Stay with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Text of Proposed Order)(Leach, Arthur)
September 14, 2015 Filing 123 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Black Diamond Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 122 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Muscle Foods USA.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 121 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Netnutri.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 120 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Island Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 119 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Suppz, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 118 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Evitamins.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 117 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by I-Supplements.com.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 116 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Supplement Central.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 115 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by DPS Nutrition.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 114 ANSWER to #84 Amended Complaint , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by A1 Supplements, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
September 14, 2015 Filing 113 REPLY to Response to Motion re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 112 REPLY to Response to Motion re #81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 111 REPLY to Response to Motion re #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 110 REPLY to Response to Motion re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 109 REPLY to Response to Motion re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 108 REPLY to Response to Motion re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 107 REPLY to Response to Motion re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 106 REPLY to Response to Motion re #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 105 REPLY to Response to Motion re #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 14, 2015 Filing 104 REPLY to Response to Motion re #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements' Counterclaims filed by Thermolife International, LLC. (Grier, Jason)
September 11, 2015 Submission of #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #89 MOTION to Seal Document #88 Response in Opposition to Motion. Submitted to District Judge Eleanor L. Ross. (bdb)
September 10, 2015 Filing 103 REPLY to Response to Motion re #72 MOTION for Sanctions filed by Jared Wheat. (Attachments: #1 Exhibit)(Leach, Arthur)
August 26, 2015 Opinion or Order Filing 102 ORDER granting #91 Unopposed Motion for Extension of Time to Answer re #84 Amended Complaint. A1 Supplements, Inc., Black Diamond Supplements, DPS Nutrition, Evitamins, Hi-Tech Pharmaceuticals, Inc., I-Supplements.com, Island Supplements, Jared Wheat, Muscle Foods USA, Netnutri, Supplement Central and Suppz, Inc. Answers due 9/14/2015. Signed by Judge Eleanor L. Ross on 8/26/2015. (bdb)
August 26, 2015 Filing 101 RESPONSE in Opposition re #82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Counterclaims filed by Black Diamond Supplements. (Parker, Cynthia)
August 26, 2015 Filing 100 RESPONSE in Opposition re #81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Counterclaims filed by Muscle Foods USA. (Parker, Cynthia)
August 26, 2015 Filing 99 RESPONSE in Opposition re #80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Counterclaims filed by Netnutri. (Parker, Cynthia)
August 26, 2015 Filing 98 RESPONSE in Opposition re #79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Counterclaims filed by Island Supplements. (Parker, Cynthia)
August 26, 2015 Filing 97 RESPONSE in Opposition re #78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Counterclaims filed by Suppz, Inc.. (Parker, Cynthia)
August 26, 2015 Filing 96 RESPONSE in Opposition re #77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Counterclaims filed by Evitamins. (Parker, Cynthia)
August 26, 2015 Filing 95 RESPONSE in Opposition re #76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Counterclaims filed by I-Supplements.com. (Parker, Cynthia)
August 26, 2015 Filing 94 RESPONSE in Opposition re #75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Counterclaims filed by Supplement Central. (Parker, Cynthia)
August 26, 2015 Filing 93 RESPONSE in Opposition re #74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Counterclaims filed by DPS Nutrition. (Parker, Cynthia)
August 26, 2015 Filing 92 RESPONSE in Opposition re #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements' Counterclaims filed by A1 Supplements, Inc.. (Parker, Cynthia)
August 25, 2015 Filing 91 UNOPPOSED MOTION for Extension of Time to File Answer to First Amended Complaint by Hi-Tech Pharmaceuticals, Inc., Jared Wheat, A1 Supplements, Inc., DPS Nutrition, Supplement Central, I-Supplements.com, Evitamins, Suppz, Inc., Island Supplements, Netnutri, Muscle Foods USA and Black Diamond Supplements. (Attachments: #1 Text of Proposed Order)(Parker, Cynthia) Modified on to add filers 8/26/2015 (bdb).
August 25, 2015 Filing 90 OPPOSITION by Thermolife International, LLC to #72 MOTION for Sanctions re: #89 MOTION to Seal Document in #88 Response in Opposition to Motion. (FILED UNDER SEAL) (bdb)
August 24, 2015 Filing 89 MOTION for Leave to File Document Under Seal re: #88 Response in Opposition to Motion by Thermolife International, LLC. (FILED UNDER SEAL) (bdb) (Additional attachment(s) added on 8/25/2015: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit 1, #4 Exhibit 2) (bdb).
August 24, 2015 Filing 88 RESPONSE in Opposition re #72 MOTION for Sanctions (Redacted) filed by Thermolife International, LLC. (Attachments: #1 Exhibit A - Comparison of Motions, #2 Exhibit B - Withdrawal Letter, #3 Exhibit C - Wheat Deposition Excerpt, #4 Exhibit D - Wheat Trademark Filing, #5 Exhibit E - Redacted Purchase Agreement, #6 Exhibit F - NDGA Order)(Grier, Jason)
August 24, 2015 Submission of #72 MOTION for Sanctions. Submitted to District Judge Eleanor L. Ross. (bdb)
August 18, 2015 Submission of #66 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendants. Submitted to District Judge Eleanor L. Ross. (bdb)
August 17, 2015 Filing 87 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Thermolife International, LLC. (Grier, Jason)
August 17, 2015 Filing 86 CERTIFICATE OF SERVICE ThermoLife International, LLC's Initial Disclosures by Thermolife International, LLC.(Grier, Jason)
August 14, 2015 Filing 85 RESPONSE in Opposition re #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Thermolife International, LLC. (Quicker, Katrina)
August 14, 2015 Filing 84 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Thermolife International, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Quicker, Katrina) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
August 11, 2015 Submission of #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII and #46 MOTION to Stay. Submitted to District Judge Eleanor L. Ross. (bdb)
August 10, 2015 Filing 83 REPLY BRIEF re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by Thermolife International, LLC. (Grier, Jason)
August 10, 2015 Filing 82 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Black Diamond's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 81 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Muscle Foods' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Netnutri's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 79 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Island Supplements' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Suppz's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 77 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Evitamins' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 76 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of I-Supplements' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 75 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of Supplement Central's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 74 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of DPS Nutrition's Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 10, 2015 Filing 73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count II of A1 Supplements' Counterclaims with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A - NDGA Order, #3 Text of Proposed Order)(Grier, Jason)
August 6, 2015 Filing 72 MOTION for Sanctions with Brief In Support by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Parker, Cynthia)
August 5, 2015 Notification of Docket Correction re #68 BRIEF IN SUPPORT of Motion to Dismiss and #69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Please respond to #69 motion. (bdb)
August 5, 2015 Clerks Notation re #71 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
August 5, 2015 Filing 71 Certificate of Interested Persons by Evitamins. (Leach, Arthur)
August 5, 2015 Filing 70 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Evitamins.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 3, 2015 Filing 69 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Jared Wheat. (Leach, Arthur)
July 28, 2015 Filing 68 BRIEF IN SUPPORT of MOTION to Dismiss by Jared Wheat. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur) Modified on 7/29/2015, no motion filed (bdb).
July 28, 2015 Filing 67 Electronic Summons Issued as to Nutrition Jungle. (bdb)
July 25, 2015 Filing 66 MOTION for Service by Alternative Methods and for Additional Time to Serve Defendants with Brief In Support by Thermolife International, LLC. (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Jason P. Grier, #3 Exhibit B - Affidavit of Non-Service on Jared Wheat, #4 Text of Proposed Order)(Grier, Jason). Added MOTION for Extension of Time to Serve Defendants on 7/28/2015 (bdb).
July 24, 2015 Filing 65 NOTICE Of Filing Summons as to Nutrition Jungle by Thermolife International, LLC (Grier, Jason)
July 23, 2015 Filing 64 RESPONSE in Opposition re #45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII filed by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B (1 of 2), #3 Exhibit B (2 of 2), #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Leach, Arthur)
July 23, 2015 Filing 63 WAIVER OF SERVICE Returned Executed by Hi-Tech Pharmaceuticals, Inc.. Ron Kramer waiver mailed on 7/22/2015, answer due 9/21/2015. (Leach, Arthur)
July 20, 2015 Opinion or Order Filing 62 ORDER granting #51 Defendant Hi-Tech Pharmaceutical, Inc.'s Motion for Leave to File Excess Pages in its Response to Plaintiff's Motion to Dismiss. Defendant shall be permitted to file its response brief with page limitations not to exceed thirty-two (32) pages. Signed by Judge Eleanor L. Ross on 7/20/2015. (bdb)
July 20, 2015 Filing 61 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Muscle Foods USA.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 19, 2015 Clerks Notation re #60 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
July 17, 2015 Filing 60 Certificate of Interested Persons and Corporate Disclosure Statement by A1 Supplements, Inc.. (Leach, Arthur)
July 17, 2015 Filing 59 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Black Diamond Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 58 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Netnutri.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 57 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Island Supplements.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 56 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Suppz, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 55 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by I-Supplements.com.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 54 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Supplement Central.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 53 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by DPS Nutrition.(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 52 ANSWER to #1 COMPLAINT with Jury Demand , COUNTERCLAIM against Thermolife International, LLC with Jury Demand by A1 Supplements, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
July 17, 2015 Filing 51 MOTION for Leave to File Excess Pages with Brief In Support by Hi-Tech Pharmaceuticals, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Leach, Arthur)
July 17, 2015 Opinion or Order Filing 50 ORDER granting #48 Unopposed Defendant EVitamins' Motion for Extension of Time to Answer re #1 Complaint. Evitamins Answer due 8/7/2015. Signed by Judge Eleanor L. Ross on 7/17/2015. (bdb)
July 17, 2015 Filing 49 Electronic Summons Issued as to Nutrition Jungle. (bdb)
July 16, 2015 Filing 48 UNOPPOSED MOTION for Extension of Time to File Answer for EVitamins by Hi-Tech Pharmaceuticals, Inc.with proposed consent order. (Leach, Arthur) Modified to add text on 7/17/2015 (bdb).
July 16, 2015 Filing 47 NOTICE Of Filing Summons as to Nutrition Jungle by Thermolife International, LLC (Grier, Jason)
July 9, 2015 Filing 46 MOTION to Stay by SupplementWarehouse.com. (Attachments: #1 Exhibit A, #2 Exhibit B)(Leach, Arthur)
July 6, 2015 Filing 45 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Counterclaims I-X and XII with Brief In Support by Thermolife International, LLC, Thermolife International, LLC. (Attachments: #1 Brief, #2 Exhibit A (Advisory Action), #3 Exhibit B (CDCA Order), #4 Exhibit C (Advertisement), #5 Exhibit D (Magyar Dec.), #6 Exhibit E (Law360 Article), #7 Exhibit F (Demand Letter), #8 Exhibit G (NDGA Order), #9 Text of Proposed Order)(Quicker, Katrina)
June 30, 2015 Filing 44 Return of Service Executed by Thermolife International, LLC. Black Diamond Supplements served on 5/16/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 43 Return of Service Executed by Thermolife International, LLC. Muscle Foods USA served on 5/19/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 42 Return of Service Executed by Thermolife International, LLC. Netnutri served on 5/20/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 41 Return of Service Executed by Thermolife International, LLC. SupplementWarehouse.com served on 5/14/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 40 Return of Service Executed by Thermolife International, LLC. Suppz, Inc. served on 5/15/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 39 Return of Service Executed by Thermolife International, LLC. Evitamins served on 5/15/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 38 Return of Service Executed by Thermolife International, LLC. I-Supplements.com served on 5/19/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 37 Return of Service Executed by Thermolife International, LLC. Supplement Central served on 6/2/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 36 Return of Service Executed by Thermolife International, LLC. DPS Nutrition served on 5/28/2015, answer due 7/17/2015. (Grier, Jason)
June 30, 2015 Filing 35 Return of Service Executed by Thermolife International, LLC. A1 Supplements, Inc. served on 6/1/2015, answer due 7/17/2015. (Grier, Jason)
June 9, 2015 Opinion or Order Filing 34 ORDER granting #33 Joint Motion for Extension of Time to file Joint Preliminary Report and Discovery Plan to 8/17/2015 and granting #33 Motion for Extension of Time to Answer #1 Complaint. A1 Supplements, Inc. Answer due 7/17/2015; Black Diamond Supplements Answer due 7/17/2015; DPS Nutrition Answer due 7/17/2015; Evitamins Answer due 7/17/2015; I-Supplements.com Answer due 7/17/2015; Island Supplements Answer due 7/17/2015; Jared Wheat Answer due 7/17/2015; Muscle Foods USA Answer due 7/17/2015; Netnutri Answer due 7/17/2015; Nutrition Jungle Answer due 7/17/2015; Supplement Central Answer due 7/17/2015; SupplementWarehouse.com Answer due 7/17/2015; Suppz, Inc. Answer due 7/17/2015. Signed by Judge Eleanor L. Ross on 6/9/2015. (bdb)
June 9, 2015 Filing 33 Joint MOTION for Extension of Time for Remaining Defendants to Respond to Complaint and for Parties to File the Joint Preliminary Report and Discovery Plan by Thermolife International, LLC. (Grier, Jason). Added MOTION for Extension of Time to File Answer on 6/9/2015 (bdb).
June 2, 2015 Clerks Certificate of Mailing to Kalman Magyar re #32 Order. (ddm)
June 1, 2015 Opinion or Order Filing 32 ORDER granting #31 Plaintiff ThermoLife International, LLC's Unopposed Motion for Extension of Time, through July 6, 2015, to Respond to Hi-Tech Pharmaceuticals, Inc.'s Counterclaims. Signed by Judge Eleanor L. Ross on 6/1/15. (ddm)
June 1, 2015 Filing 31 Unopposed MOTION for Extension of Time to Respond to Hi-Tech Pharmaceuticals, Inc.s Counterclaims by Thermolife International, LLC. (Grier, Jason)
June 1, 2015 Filing 30 Return of Service Executed by Thermolife International, LLC. Island Supplements served on 5/14/2015, answer due 6/4/2015. (Grier, Jason)
May 29, 2015 Clerks Certificate of Mailing to Kalman Magyar re #29 Order. (ddm)
May 28, 2015 Opinion or Order Filing 29 ORDER granting #24 Application for Admission Pro Hac Vice filed by Kalman Magyar. Signed by Judge Eleanor L. Ross on 5/28/15. (ddm)
May 28, 2015 APPROVAL by Clerks Office re: #24 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827738). Attorney Kalman Magyar added appearing on behalf of Thermolife International, LLC, Thermolife International, LLC (pb)
May 20, 2015 Clerks Certificate of Mailing as to Hi-Tech Pharmaceuticals, Inc. re #28 Order on Application for Admission PHV to John Thomas Gallagher. (bdb)
May 20, 2015 Opinion or Order Filing 28 ORDER granting #23 Application for Admission Pro Hac Vice John Thomas Gallagher for Hi-Tech Pharmaceuticals, Inc. Signed by Judge Eleanor L. Ross on 5/20/2015. (bdb)
May 20, 2015 APPROVAL by Clerks Office re: #23 APPLICATION for Admission of John Thomas Gallagher Pro Hac Vice (Application fee $ 150, receipt number 113E-5819017). Attorney John Thomas Gallagher added appearing on behalf of Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc. (pb)
May 20, 2015 Filing 27 Electronic Third Party Summons Issued as to Ron Kramer. (bdb)
May 19, 2015 Filing 26 NOTICE Of Filing Third-Party Summons as to Ron Kramer by Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur)
May 18, 2015 Filing 24 APPLICATION for Admission of Kalman Magyar Pro Hac Vice (Application fee $ 150, receipt number 113E-5827738)by Thermolife International, LLC. (Grier, Jason)
May 13, 2015 Clerks Notation re #22 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
May 12, 2015 Filing 23 APPLICATION for Admission of John Thomas Gallagher Pro Hac Vice (Application fee $ 150, receipt number 113E-5819017)by Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
May 12, 2015 Filing 22 Certificate of Interested Persons by Hi-Tech Pharmaceuticals, Inc.. (Leach, Arthur)
May 12, 2015 Filing 21 CERTIFICATE OF SERVICE re #20 Answer to Complaint, Third Party Complaint, Counterclaim,,, filed by Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc., Hi-Tech Pharmaceuticals, Inc. (Leach, Arthur)
May 11, 2015 Filing 20 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 2/5/2016.), THIRD PARTY COMPLAINT against Ron Kramer with Jury Demand, COUNTERCLAIM against Thermolife International, LLC with Jury Demand by Hi-Tech Pharmaceuticals, Inc..(Leach, Arthur) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
April 30, 2015 Filing 19 Electronic Summons Issued as to Hi-Tech Pharmaceuticals, Inc., A1 Supplements, Inc., Black Diamond Supplements, DPS Nutrition, Evitamins, I-Supplements.com, Island Supplements, Jared Wheat, Muscle Foods USA, Netnutri, Supplement Central, SupplementWarehouse.com, Suppz, Inc. (Attachments: #1 Jared R. Wheat, #2 A1 Supplements, Inc., #3 DPS Nutrition, #4 Supplement Central, #5 I-Supplements.com, #6 eVitamins, #7 Suppz Inc., #8 SupplementWarehouse.com, Inc., #9 Island Supplements, #10 Muscle Foods USA, #11 Black Diamond Supplements, #12 Netnutri)(bdb)
April 27, 2015 Filing 18 NOTICE Of Filing by Thermolife International, LLC Summons as to Black Diamond Supplements (Grier, Jason)
April 27, 2015 Filing 17 NOTICE Of Filing by Thermolife International, LLC Summons as to Muscle Foods USA (Grier, Jason)
April 27, 2015 Filing 16 NOTICE Of Filing by Thermolife International, LLC Summons as to Netnutri (Grier, Jason)
April 27, 2015 Filing 15 NOTICE Of Filing by Thermolife International, LLC Summons as to Island Supplements (Grier, Jason)
April 27, 2015 Filing 14 NOTICE Of Filing by Thermolife International, LLC Summons as to SupplementWarehouse.com, Inc. (Grier, Jason)
April 27, 2015 Filing 13 NOTICE Of Filing by Thermolife International, LLC Summons as to Suppz Inc. (Grier, Jason)
April 27, 2015 Filing 12 NOTICE Of Filing by Thermolife International, LLC Summons as to eVitamins (Grier, Jason)
April 27, 2015 Filing 11 NOTICE Of Filing by Thermolife International, LLC Summons as to I-Supplements.com (Grier, Jason)
April 27, 2015 Filing 10 NOTICE Of Filing by Thermolife International, LLC Summons as to Supplement Central (Grier, Jason)
April 27, 2015 Filing 9 NOTICE Of Filing by Thermolife International, LLC Summons as to DPS Nutrition (Grier, Jason)
April 27, 2015 Filing 8 NOTICE Of Filing by Thermolife International, LLC Summons as to Jared Wheat (Grier, Jason)
April 27, 2015 Filing 7 NOTICE Of Filing by Thermolife International, LLC Summons as to Hi-Tech Pharmaceuticals, Inc. (Grier, Jason)
April 27, 2015 Filing 6 NOTICE Of Filing by Thermolife International, LLC Summons as to A1 Supplements, Inc. (Grier, Jason)
April 16, 2015 Clerks Notation re #5 Certificate of Interested Persons. APPROVED by District Judge Eleanor L. Ross. (mdy)
April 9, 2015 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Thermolife International, LLC. (Grier, Jason)
April 2, 2015 Filing 4 NOTICE of Appearance by Jason Paul Grier on behalf of Thermolife International, LLC (Grier, Jason)
March 31, 2015 Filing 3 INSTRUCTIONS FOR CASES ASSIGNED TO THE HONORABLE ELEANOR L. ROSS. Signed by Judge Eleanor L. Ross on 3/31/2015. (mdy)
March 27, 2015 Filing 2 AO Form 120 forwarded to Commissioner - Director of U.S. Patent and Trademark Office. (eop)
March 27, 2015 Filing 1 COMPLAINT with Jury Demand filed by Thermolife International, LLC.. ( Filing fee $ 400.00 receipt number 113E-5739590.) (Attachments: #1 Ex. - A - '531 Patent, #2 Ex. - B - '187 Patent, #3 Ex. - C - '288 Patent, #4 Ex. - D - '572 Patent, #5 Ex. - E - Advertisements, #6 Ex - F - Notice Letter, #7 Blank Summons, #8 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.

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Search for this case: Thermolife International, LLC v. Hi-Tech Pharmaceuticals, Inc. et al
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Plaintiff: Thermolife International, LLC
Represented By: Thomas Charles Lundin, Jr.
Represented By: Jenny S. Kim
Represented By: Cammi Ryan Jones
Represented By: Jason Paul Grier
Represented By: Katrina M. Quicker
Represented By: Kalman Magyar
Represented By: Nathaniel L. Dilger
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Defendant: Hi-Tech Pharmaceuticals, Inc
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Defendant: I-Supplements.com
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: A1 Supplements, Inc.
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Innovative Laboratories
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Gregory L. Hillyer
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Defendant: Island Supplements
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: All Star Health
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
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Defendant: Netnutri
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Suppz, Inc.
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Muscle Foods USA
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: SupplementWarehouse.com
Represented By: Evi T. Christou
Represented By: John Thomas Gallagher
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
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Defendant: Evitamins
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Lockout Industries, LLC
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
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Defendant: World Class Nutrition
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Black Diamond Supplements
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Supplement Central
Represented By: Evi T. Christou
Represented By: John Thomas Gallagher
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Jared Wheat
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
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Defendant: Prime Nutrition
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Gregory L. Hillyer
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Defendant: Netrition, Inc.
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: Gregory L. Hillyer
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Defendant: Supplements Nutrition
Represented By: Evi T. Christou
Represented By: Gregory L. Hillyer
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Defendant: DPS Nutrition
Represented By: John Thomas Gallagher
Represented By: Evi T. Christou
Represented By: Cynthia Lynn Parker
Represented By: Charles Ronald Bridgers
Represented By: Edmund J. Novotny
Represented By: Gregory L. Hillyer
Represented By: Arthur W. Leach
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Defendant: Nutrition Jungle
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Defendant: Advanced Performance
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Gregory L. Hillyer
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3rd party plaintiff: Hi-Tech Pharmaceuticals, Inc.
Represented By: Evi T. Christou
Represented By: Arthur W. Leach
Represented By: Cynthia Lynn Parker
Represented By: John Thomas Gallagher
Represented By: Gregory L. Hillyer
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Special master: Anthony Askew
Represented By: Anthony B. Askew
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3rd party defendant: Ron Kramer
Represented By: Thomas Charles Lundin, Jr.
Represented By: Jason Paul Grier
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