J.R. Simplot Company v. McCain Foods USA, Inc.
Defendant: McCain Foods USA, Inc.
3Rd Party Plaintiff: J.R. Simplot Company
Counter Claimant: McCain Foods Limited
3Rd Party Defendant: Food Physics LLC and Elea Vertriebs-und-Vermarktungsgesellschaft, mbH
Case Number: 1:2016cv00449
Filed: October 7, 2016
Court: US District Court for the District of Idaho
Office: Boise - Southern Office
County: Ada - Southern
Presiding Judge: David C Nye
Referring Judge: B Lynn Winmill
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271 Patent Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 18, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2022 Opinion or Order Filing 458 RESPONSE re #456 Notice (Other) filed by McCain Foods Limited . (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1 to Evans Declaration)(Wilkes, Meredith)
May 18, 2022 Opinion or Order Filing 457 NOTICE of Hearing on Motion #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot, #355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas, #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited, #419 MOTION to Strike #387 Joinder, #353 MOTION to Exclude Testimony of S. Sastry, #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company, #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer, #334 MOTION for Summary Judgment, #352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser, #349 MOTION to Exclude Testimony of Jacqueline Beckley, #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini, #337 MOTION for Summary Judgment Against Elea, #346 MOTION for Summary Judgment Against Food Physics, LLC, #330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916 : Motion Hearing set for 8/31/2022 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (pr)
May 3, 2022 Opinion or Order Filing 456 NOTICE by J.R. Simplot Company Request for Judicial Notice (Attachments: #1 Exhibit A - 03.23.2022 Hague Judgment (Original, in Dutch Language), #2 Exhibit B - English Translation of 03.23.2022 Hague Judgment)(Herberholz, Dana)
April 18, 2022 Opinion or Order Filing 455 REPLY to Response to Motion re #419 MOTION to Strike #387 Joinder, filed by McCain Foods Limited.Motion Ripe Deadline set for 4/19/2022.(Wilkes, Meredith)
April 14, 2022 Opinion or Order Filing 454 Docket Entry Order. Pending before the Court are numerous substantive motions. In conjunction with these substantive motions, the parties have filed numerous motions to seal various documents. The parties correctly filed the respective documents under seal, as well as redacted copies for the public record. None of the motions to seal are opposed. Good case appearing, the Court GRANTS the various motions to seal (Dockets #329 , #331 , #333 , #350 , #351 , #382 , #385 , #388 , #395 , #406 , #409 , #417 , #421 , #424 , #427 , #437 , #444 ). The documents so designated shall remain under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
April 14, 2022 Opinion or Order Filing 453 NOTICE of Hearing on Motion #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot, #355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas, #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited, #419 MOTION to Strike #387 Joinder, , #353 MOTION to Exclude Testimony of S. Sastry, #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company, #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer, #334 MOTION for Summary Judgment , #352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser, #349 MOTION to Exclude Testimony of Jacqueline Beckley, #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini, #337 MOTION for Summary Judgment Against Elea, #346 MOTION for Summary Judgment Against Food Physics, LLC, #330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916 : Motion Hearing set for 8/18/2022 at 09:00 AM in Boise - Courtroom 2 before Judge David C. Nye. (pr)
April 13, 2022 Opinion or Order Filing 452 REDACTION to #366 Sealed Document Third Party Defendants' Statement of Material Facts in Support of Motion for Summary Judgment Against JR Simplot Company by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. (Dixon, Bradley)
April 13, 2022 Opinion or Order Filing 451 REDACTION to #361 Sealed Document Food Physics LLC's Statement of Material Facts in Support of its Motion for Summary Judgment Against JR Simplot Company by Food Physics LLC. (Dixon, Bradley)
April 13, 2022 Opinion or Order Filing 450 REDACTION to #340 Sealed Document Elea's Statement of Material Facts in Support of its Motion for Summary Judgment Against JR Simplot Company by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH. (Dixon, Bradley)
April 5, 2022 Opinion or Order Filing 449 RESPONSE to Motion re #419 MOTION to Strike #387 Joinder, filed by J.R. Simplot Company. Replies due by 4/19/2022.(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 448 Sealed Document Re: #447 Reply to Response to Motion,. (Attachments: #1 Exhibit SEALED Ex. M to Buroker Reply Decl. - Haas Excerpts, #2 Exhibit SEALED Ex. N to Buroker Reply Decl. - SIMP_ID_054680-81, #3 Exhibit SEALED Ex. O to Buroker Reply Decl. - SIMP_ID_003960, #4 Exhibit SEALED Ex. P to Buroker Reply Decl. - SIMP_ID_026057, #5 Exhibit SEALED Ex. S to Buroker Reply Decl. - Excerpts from Simplots Second Supplemental Responses to McCains Second ROGS)(Buroker, Brian)
March 16, 2022 Opinion or Order Filing 447 REPLY to Response to Motion re #355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas (Redacted) filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/17/2022. (Attachments: #1 Affidavit Reply Declaration of Brian Buroker, #2 Exhibit Q to Buroker Reply Decl. - McCain's Fourth RFPs to Simplot, #3 Exhibit R to Buroker Reply Decl. - Excerpts from Simplot's Responses to McCain's Second RFPs)(Buroker, Brian)
March 16, 2022 Opinion or Order Filing 446 Sealed Document Re: #445 Reply to Response to Motion,. (Attachments: #1 Exhibit SEALED Ex. A to Cuneo Decl. - Visser Excerpts)(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 445 REPLY to Response to Motion re #352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser (Redacted) filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/17/2022. (Attachments: #1 Affidavit Reply Declaration of Chris Cuneo, #2 Exhibit B to Cuneo Reply Decl. - OroLabs Order (Dkt. 407))(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 444 MOTION to Seal Regarding Daubert Replies Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 4/6/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 443 Sealed Document Re: #442 Reply to Response to Motion. (Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 442 REPLY to Response to Motion re #346 MOTION for Summary Judgment Against Food Physics, LLC (Redacted) filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/17/2022.(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 441 Sealed Document Re: #440 Reply to Response to Motion. (Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 440 REPLY to Response to Motion re #337 MOTION for Summary Judgment Against Elea (Redacted) filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/17/2022.(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 439 Sealed Document Re: #438 Reply to Response to Motion,. (Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 438 REPLY to Response to Motion re #330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916 (Redacted) filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/17/2022.(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 437 MOTION to Seal Regarding Summary Judgment Replies Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 4/6/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
March 16, 2022 Opinion or Order Filing 436 REPLY to Response to Motion re #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer Reply in Support of Third-Party Defendants' Motion in Limine to Exclude Expert Testimony and Reports of Dr. Thomas Pfeiffer filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 3/17/2022.(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 435 Sealed Document Re: #434 Reply to Response to Motion,. (Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 434 REPLY to Response to Motion re #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited Reply in Support of Third-Party Defendants' Motion for Summary Judgment Against McCain Foods Limited filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 3/17/2022.(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 433 Sealed Document Re: #432 Reply to Response to Motion,. (Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 432 REPLY to Response to Motion re #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company Reply in Support of Third-Party Defendant Food Physics LLC's Motion for Summary Judgment Against J.R. Simplot Company filed by Food Physics LLC.Motion Ripe Deadline set for 3/17/2022.(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 431 Sealed Document Re: #430 Reply to Response to Motion,. (Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 430 REPLY to Response to Motion re #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot, #337 MOTION for Summary Judgment Against Elea Elea's Reply in Support of Motion for Partial Summary Judgment Against J.R. Simplot Company filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH.Motion Ripe Deadline set for 3/17/2022.(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 429 Sealed Document Re: #428 Reply to Response to Motion,. (Attachments: #1 Exhibit AD to the Declaration of Phillip Wolfe, #2 Exhibit AG to the Declaration of Phillip Wolfe)(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 428 REPLY to Response to Motion re #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 3/17/2022. (Attachments: #1 Affidavit of Phillip Wolfe Regarding Reply in Support of Third-Party Defendants' Motion in Limine to Exclude the Expert Testimony and Report of Andre Jardini)(Dixon, Bradley)
March 16, 2022 Opinion or Order Filing 427 MOTION to Seal Third-Party Defendants' Motion to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 4/6/2022 (Attachments: #1 Memorandum in Support of Third-Party Defendants' Motion to Seal)(Dixon, Bradley)
March 15, 2022 Opinion or Order Filing 426 Sealed Document Re: #424 MOTION to Seal . (Attachments: #1 Exhibit 21 to Decl. of M. Wilkes)(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 425 REPLY to Response to Motion re #334 MOTION for Summary Judgment filed by McCain Foods Limited.Motion Ripe Deadline set for 3/16/2022. (Attachments: #1 Exhibit E - Decl. of M. Wilkes, #2 Exhibit 19 to Decl. of M. Wilkes, #3 Exhibit 20 to Decl. of M. Wilkes, #4 Exhibit 21 to Decl. of M. Wilkes)(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 424 MOTION to Seal Meredith M Wilkes appearing for Counter Defendants McCain Foods Limited, McCain Foods Limited, McCain Foods Limited, Plaintiff McCain Foods Limited. Responses due by 4/5/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 423 Sealed Document Re: #421 MOTION to Seal . (Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 422 REPLY to Response to Motion re #353 MOTION to Exclude Testimony of S. Sastry filed by McCain Foods Limited.Motion Ripe Deadline set for 3/16/2022.(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 421 MOTION to Seal Meredith M Wilkes appearing for Counter Defendants McCain Foods Limited, McCain Foods Limited, McCain Foods Limited, Plaintiff McCain Foods Limited. Responses due by 4/5/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 420 REPLY to Response to Motion re #349 MOTION to Exclude Testimony of Jacqueline Beckley filed by McCain Foods Limited.Motion Ripe Deadline set for 3/16/2022.(Wilkes, Meredith)
March 15, 2022 Opinion or Order Filing 419 MOTION to Strike #387 Joinder, Meredith M Wilkes appearing for Counter Defendants McCain Foods Limited, McCain Foods Limited, McCain Foods Limited, Plaintiff McCain Foods Limited. Responses due by 4/5/2022 (Attachments: #1 Memorandum in Support of Motion to Strike)(Wilkes, Meredith)
March 14, 2022 Opinion or Order Filing 418 Sealed Document. (Attachments: #1 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 2, #2 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 3, #3 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 4, #4 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 5, #5 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 6, #6 Errata Regarding Declaration of Nick Speakman in Support of Third-Party Defendants' Motions for Summary Judgment - Part 7)(Dixon, Bradley)
March 14, 2022 Opinion or Order Filing 417 Third Party MOTION to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 4/4/2022 (Attachments: #1 Memorandum in Support of Third-Party Defendants' Motion to Seal)(Dixon, Bradley)
February 25, 2022 Opinion or Order Filing 416 DOCKET ENTRY ORDER approving #415 Motion for Pro Hac Vice Appearance of attorney Anthony David Brzozowski, II for J.R. Simplot Company,Anthony David Brzozowski, II for J.R. Simplot Company,Anthony David Brzozowski, II for J.R. Simplot Company,Anthony David Brzozowski, II for J.R. Simplot Company,Anthony David Brzozowski, II for J.R. Simplot Company,Anthony David Brzozowski, II for J.R. Simplot Company Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
February 24, 2022 Opinion or Order Filing 415 MOTION FOR PRO HAC VICE APPEARANCE by Anthony David Brzozowski, II. ( Filing fee $ 250 receipt number BIDDC-2352023.)Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 3/17/2022 (Herberholz, Dana)
February 24, 2022 Opinion or Order Filing 414 RESPONSE re #380 Answer to Counterclaim, filed by McCain Foods Limited . (Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 413 Sealed Document Re: #409 MOTION to Seal McCain's Response to Simplot's Summary Judgment. (Attachments: #1 Exhibit 2 to Wilkes Decl., #2 Exhibit 3 to Wilkes Decl., #3 Exhibit 4 - to Wilkes Decl., #4 Exhibit 5 to Wilkes Decl., #5 Exhibit 7 to Wilkes Decl., #6 Exhibit 8 to Wilkes Decl., #7 Exhibit 2 to Wilkes Decl., #8 Exhibit 10 to Wilkes Decl., #9 Exhibit 11 to Wilkes Decl., #10 Exhibit 12 to Wilkes Decl., #11 Exhibit 13 to Wilkes Decl., #12 Exhibit 14 to Wilkes Decl., #13 Exhibit 15 to Wilkes Decl., #14 Exhibit 16 to Wilkes Decl., #15 Exhibit 17 to Wilkes Decl., #16 Exhibit 18 to Wilkes Decl., #17 Exhibit 19 to Wilkes Decl.)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 412 AFFIDAVIT of Meredith M. Wilkes re #410 Memorandum in Opposition to Motion, filed by McCain Foods Limited . (Attachments: #1 Exhibit 1 to Wilkes Decl., #2 Exhibit 6 to Wilkes Decl., #3 Exhibit 16 to Wilkes Decl., #4 Exhibit 17 to Wilkes Decl., #5 Exhibit 18 to Wilkes Decl., #6 Exhibit 19 to Wilkes Decl.)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 411 Sealed Document Re: #409 MOTION to Seal McCain's Response to Simplot's Summary Judgment. (Attachments: #1 Exhibit McCain's Response to Simplot's Statement of Facts)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 410 MEMORANDUM in Opposition re #330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916 filed by McCain Foods Limited. Replies due by 3/9/2022. (Attachments: #1 Exhibit McCain's Response to Simplot's Statement of Facts, #2 Affidavit of Meredith M. Wilkes)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 409 MOTION to Seal McCain's Response to Simplot's Summary Judgment Meredith M Wilkes appearing for Counter Defendants McCain Foods Limited, McCain Foods Limited, McCain Foods Limited, Plaintiff McCain Foods Limited. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 408 Sealed Document Re: #406 MOTION to Seal McCain's Opposition to Third Party Defendant's Summary Judgment Motion. (Attachments: #1 Exhibit McCain's Response to Elea Statement of Facts, #2 Exhibit 1 to M. Wilkes Declaration, #3 Exhibit 2 to M. Wilkes Declaration, #4 Exhibit 3 to M. Wilkes Declaration, #5 Exhibit 4 to M. Wilkes Declaration, #6 Exhibit 5 to M. Wilkes Declaration, #7 Exhibit 6 to M. Wilkes Declaration, #8 Exhibit 7 to M. Wilkes Declaration, #9 Exhibit 8 to M. Wilkes Declaration, #10 Exhibit 9 to M. Wilkes Declaration, #11 Exhibit 10 to M. Wilkes Declaration, #12 Exhibit 11 - to Wilkes Declaration, #13 Exhibit 12 to M. Wilkes Declaration, #14 Exhibit 13 to M. Wilkes Declaration, #15 Exhibit 15 to M. Wilkes Declaration, #16 Exhibit 16 to M. Wilkes Declaration, #17 Exhibit 17 to M. Wilkes Declaration, #18 Exhibit 18 to M. Wilkes Declaration, #19 Exhibit 19 to M. Wilkes Declaration, #20 Exhibit 20 to M. Wilkes Declaration, #21 Exhibit 21 to M. Wilkes Declaration)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 407 MEMORANDUM in Opposition re #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited filed by McCain Foods Limited. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Meredith M. Wilkes, #2 Exhibit 1-13 to Wilkes Decl., #3 Exhibit 14 to Wilkes Decl., #4 Exhibit 15-21 to Wilkes Decl.)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 406 MOTION to Seal McCain's Opposition to Third Party Defendant's Summary Judgment Motion Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 405 Sealed Document Re: #404 Memorandum in Opposition to Motion,. (Attachments: #1 Food Physics, LLC's Responsive Statement of Facts in Opposition to Simplot's Renewed Motion for Partial Summary Judgment)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 404 MEMORANDUM in Opposition re #346 MOTION for Summary Judgment Against Food Physics, LLC Food Physics, LLC's Memorandum in Opposition to Simplot's Renewed Motion for Partial Summary Judgment filed by Food Physics LLC. Replies due by 3/9/2022. (Attachments: #1 Food Physics LLC's Responsive Statement of Facts in Opposition to Simplot's Renewed Motion for Partial Summary Judgment)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 403 Sealed Document Re: #402 Memorandum in Opposition to Motion,. (Attachments: #1 Elea's Responsive Statement of Facts in Opposition to Simplot's Renewed Motion for Partial Summary Judgment)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 402 MEMORANDUM in Opposition re #337 MOTION for Summary Judgment Against Elea Elea's Memorandum in Opposition to Simplot's Renewed Motion for Partial Summary Judgment filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH. Replies due by 3/9/2022. (Attachments: #1 Elea's Responsive Statement of Facts in Opposition to Simplot's Renewed Motion for Partial Summary Judgment)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 401 Sealed Document Re: #400 Response to Motion,. (Attachments: #1 Exhibit SEALED Ex, A to Buroker Decl. - Sastry Initial Report, #2 Exhibit SEALED Ex. B to Buroker Decl. - Sastry Rebuttal Report, #3 Exhibit SEALED Ex. C to Buroker Decl. - Sastry Excerpts)(Buroker, Brian)
February 23, 2022 Opinion or Order Filing 400 RESPONSE to Motion re #353 MOTION to Exclude Testimony of S. Sastry REDACTED Response to McCain's Motion to Exclude Testimony of Sudhir K. Sastry, Ph.D. filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Brian M. Buroker)(Buroker, Brian)
February 23, 2022 Opinion or Order Filing 399 RESPONSE to Motion re #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini filed by J.R. Simplot Company. Replies due by 3/9/2022.(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 398 RESPONSE to Motion re #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Brook B. Bond, #2 Exhibit A to Bond Decl. - Pfeiffer Excerpts)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 397 Sealed Document Re: #396 Response to Motion,,. (Attachments: #1 Exhibit SEALED Ex. 3 to Cuneo Decl. - SEALED Visser Deposition Excerpts, #2 Exhibit SEALED Ex. 4 to Cuneo Decl. - SEALED Melson Deposition Excerpts, #3 Exhibit SEALED Ex. 5 to Cuneo Decl. - SEALED Rincon Deposition Excerpts)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 396 RESPONSE to Motion re #349 MOTION to Exclude Testimony of Jacqueline Beckley REDACTED Response to McCain's Motion to Exclude Testimony of Jacqueline H. Beckley filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Christopher Cuneo, #2 Exhibit Ex. 1 to Cuneo Decl. - Excerpts from McCains Responses to Simplots Interrogatory Nos. 1 and 2, #3 Exhibit Ex. 2 to Cuneo Decl. - Excerpts from 349-5 (Beckley CV), #4 Exhibit Ex. 6 to Cuneo Decl. - Excerpts from 349-5 (Partial Copy of Docs Reviewed by Ms. Beckley))(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 395 MOTION to Seal Regarding Daubert Briefing Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 394 Sealed Document Re: #393 Response to Motion,. (Attachments: #1 Supplement SEALED Response to Food Physics' Statement of Facts, #2 Exhibit SEALED Ex. A to Stott Decl. - FP00008895, #3 Exhibit SEALED Ex. B to Stott Decl. - FP00005005, #4 Exhibit SEALED Ex. C to Stott Decl. - FP00000810, #5 Exhibit SEALED Ex. D to Stott Decl. - SIMP_ID_007879, #6 Exhibit SEALED Ex. E to Stott Decl. - SIMP_ID_018412, #7 Exhibit SEALED Ex. F to Stott Decl. - SIMP_ID_029236, #8 Exhibit SEALED Ex. G to Stott Decl. - SIMP_ID_016927, #9 Exhibit SEALED Ex. H to Stott Decl. - FP00017438, #10 Exhibit SEALED Ex. I to Stott Decl. - ELEA00036976)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 393 RESPONSE to Motion re #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company REDACTED Response to Food Physics' Motion for Summary Judgment Against Simplot filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Jordan L. Stott)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 392 Sealed Document Re: #391 Response to Motion,. (Attachments: #1 Supplement SEALED Response to Elea's Statement of Facts, #2 Exhibit SEALED Ex. A to Stott Decl. - FP00008895, #3 Exhibit SEALED Ex. B to Stott Decl. - FP00005005, #4 Exhibit SEALED Ex. C to Stott Decl. - FP00000810, #5 Exhibit SEALED Ex. D to Stott Decl. - SIMP_ID_007879, #6 Exhibit SEALED Ex. E to Stott Decl. - SIMP_ID_018412, #7 Exhibit SEALED Ex. F to Stott Decl. - Walker Excerpts, #8 Exhibit SEALED Ex. G to Stott Decl. - Topfl Excerpts, #9 Exhibit SEALED Ex. H to Stott Decl. - Speakman Excerpts, #10 Exhibit SEALED Ex. I to Stott Decl. - Currie Excerpts, #11 Exhibit SEALED Ex. J to Stott Decl. - Mohan-Ram Excerpts)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 391 RESPONSE to Motion re #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot REDACTED Response to Elea's Motion for Summary Judgment Against Simplot filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Jordan L. Stott)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 390 Sealed Document Re: #389 Response to Motion,. (Attachments: #1 Supplement SEALED Response to McCain's Statement of Undisputed Material Facts, #2 SEALED Ex. A to Stott Decl. - Floros Excerpts, #3 SEALED Ex. B to Stott Decl. - Desailly Excerpts, #4 SEALED Ex. C to Stott Decl. - ELEA00019041 with attachment ELEA00019049-57)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 389 RESPONSE to Motion re #334 MOTION for Summary Judgment REDACTED Response to McCain's Motion for Summary Judgment Against Simplot filed by J.R. Simplot Company. Replies due by 3/9/2022. (Attachments: #1 Supplement REDACTED Response to McCain's Statement of Undisputed Material Facts, #2 Affidavit of Jordan L. Stott)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 388 MOTION to Seal Regarding Summary Judgment Briefing Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 387 JOINDER by Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company joining #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited . (Herberholz, Dana)
February 23, 2022 Opinion or Order Filing 386 Sealed Document. (Attachments: #1 Errata Regarding Declaration of Stefan Topfl in Support of Third-Party Defendants' MSJs - Part 2, #2 Errata Regarding Declaration of Stefan Topfl in Support of Third-Party Defendants' MSJs - Part 3)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 385 MOTION to Seal Third-Party Defendants' Motion to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support of Third-Party Defendants' Motion to Seal)(Dixon, Bradley)
February 23, 2022 Opinion or Order Filing 384 Sealed Document Re: #382 Motion to Seal. (Wilkes, Meredith) Modified on 2/23/2022 to edit document linked(alw).
February 23, 2022 Opinion or Order Filing 383 MEMORANDUM in Opposition re #355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas filed by McCain Foods Limited. Replies due by 3/9/2022.(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 382 MOTION to Seal Meredith M Wilkes appearing for Counter Defendants McCain Foods Limited, McCain Foods Limited, McCain Foods Limited, Plaintiff McCain Foods Limited. Responses due by 3/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
February 23, 2022 Opinion or Order Filing 381 MEMORANDUM in Opposition re #352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser filed by McCain Foods Limited. Replies due by 3/9/2022. (Attachments: #1 Affidavit of Meredith M. Wilkes, #2 Exhibit 1 to M. Wilkes Declaration)(Wilkes, Meredith)
February 10, 2022 Opinion or Order Filing 380 J.R. Simplot Company's ANSWER to #326 Answer to Amended Complaint, Counterclaim , COUNTERCLAIM against McCain Foods Limited by J.R. Simplot Company.(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 379 Sealed Document Re: #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 378 ERRATA by Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC re #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini Exhibits to the Declaration of Phillip Wolfe in Support of Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 377 ERRATA by Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC re #376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini Exhibits to the Declaration of Phillip Wolfe in Support of Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 376 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support to Exclude Expert Testimony and Reports of Andre Jardini, #2 Affidavit of Phillip Wolfe in Support of Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Andre Jardini)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 375 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Exhibit 11 (Part 2) to Wilkes Decl.)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 374 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Exhibit 10 (Part 2) to Wilkes Decl., #2 Exhibit 10 (Part 3) to Wilkes Decl., #3 Exhibit 10 (Part 4 to Wilkes Decl.)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 373 Sealed Document Re: #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 372 Sealed Document Re: #370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 371 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Exhibit 7 (Part 2) - to Wilkes Decl., #2 Exhibit 7 (Part 3) - to Wilkes Decl., #3 Exhibit 7 (Part 4) - to Wilkes Decl., #4 Exhibit 9 - to Wilkes Decl.)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 370 MOTION to Exclude Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support to Exclude Expert Testimony and Reports of Thomas Pfeiffer, #2 Affidavit of Lesley Grossberg in Support of Third Party Defendants' Motion to Exclude Expert Testimony and Reports of Thomas Pfeiffer, #3 Exhibit A to the Declaration of Lesley Grossberg, #4 Exhibit B, Part 1 to the Declaration of Lesley Grossberg, #5 Exhibit B, Part 2 to the Declaration of Lesley Grossberg, #6 Exhibit C - H to the Declaration of Lesley Grossberg)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 369 Sealed Document Re: #352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser. (Attachments: #1 Exhibit Sealed A Part 1 to Herberholz Declaration Steven Visser Infringement Report, #2 Exhibit Sealed A Part 2 to Herberholz Declaration Steven Visser Infringement Report, #3 Exhibit Sealed B to Herberholz Declaration Steven Visser Invalidity Report, #4 Exhibit Sealed C to Herberholz Declaration Steven Visser Rebuttal Infringement Report, #5 Exhibit Sealed D to Herberholz Declaration Steven Visser Rebuttal Validity Report, #6 Exhibit Sealed E to Herberholz Declaration Visser Deposition Excerpts)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 368 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Exhibit 4 - Sealed Exhibit to Wilkes Decl., #2 Exhibit 5- Sealed Exhibit to Wilkes Decl., #3 Exhibit 6 - Sealed Exhibit to Wilkes Decl.)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 367 Sealed Document Re: #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 366 Sealed Document Re: #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 365 Sealed Document Re: #364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 364 MOTION for Summary Judgment Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited, #2 Affidavit of Charles Carson in Support of Third Party Defendants' Motion for Summary Judgment Against McCain Foods Limited)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 363 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Exhibit C - Sealed Neel Depo Excerpt, #2 Exhibit D - Sealed Sastry Depo Excerpts)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 362 Sealed Document Re: #355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas. (Attachments: #1 Exhibit Sealed B to Englar Declaration Purchase Order No. 1186526 dated January 22, 2013 ELEA00000255, #2 Exhibit Sealed C to Englar Declaration Purchase Order No. 1190212 dated February 1, 2013 ELEA00000067, #3 Exhibit Sealed D to Englar Declaration Purchase Order No. 1230661 dated June 12, 2013 ELEA00000270, #4 Exhibit Sealed B to Buroker Declaration Haas Expert Report, #5 Exhibit Sealed C to Buroker Declaration Sastry Expert Report, #6 Exhibit Sealed D to Buroker Declaration Floros Expert Report on Validity, #7 Exhibit Sealed E to Buroker Declaration Floros Expert Report on Infringement, #8 Exhibit Sealed F to Buroker Declaration Excerpts of Floros Deposition, #9 Exhibit Sealed G Part 1 to Buroker Declaration Purchase Agreements for PEF Machines, #10 Exhibit Sealed G Part 2 to Buroker Declaration Purchase Agreements for PEF Machines, #11 Exhibit Sealed H to Buroker Declaration Excerpts of Haas Deposition, #12 Exhibit Sealed I to Buroker Declaration SIMP_ID_052678-79, #13 Exhibit Sealed J to Buroker Declaration SIMP_ID_052680-86, #14 Exhibit Sealed K to Buroker Declaration Interview with Jim Englar)(Buroker, Brian)
January 26, 2022 Opinion or Order Filing 361 Sealed Document Re: #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 360 Sealed Document Re: #331 MOTION to Seal . (Attachments: #1 Appendix Sealed Statement of Undisputed Material Facts)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 359 Sealed Document Re: #358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 358 MOTION for Summary Judgment Food Physics' Motion for Summary Judgment Against J.R. Simplot Company Bradley J Dixon appearing for ThirdParty Defendant Food Physics LLC. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Food Physics' Motion for Summary Judgment Against J.R. Simplot Company)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 357 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 356 Sealed Document Re: #350 MOTION to Seal . (Attachments: #1 Exhibit 5 - Sealed Exhibit to Wilkes Decl., #2 Exhibit 7 - Sealed Exhibit to Wilkes Decl., #3 Exhibit B - S. Sastry Depo Excerpts)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 355 MOTION to Exclude Testimony and Opinions of McCain Expert David A. Haas Brian M Buroker appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of James Englar, #3 Exhibit A January 21, 2013 Purchase Contract SIMP_ID_001356-378, #4 Exhibit E Elea's standard operating conditions for the Accused PEF Systems SIMP_ID_003836, #5 Affidavit Declaration of Brian M. Buroker, #6 Exhibit A 540 Patent, #7 Exhibit L Fusaro Article)(Buroker, Brian)
January 26, 2022 Opinion or Order Filing 354 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Attachments: #1 Exhibit Part 1 - Exhibits to Declaration of Nick Speakman, #2 Exhibit Part 2 - Exhibits to the Declaration of Nick Speakman)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 353 MOTION to Exclude Testimony of S. Sastry Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion to Exclude Testimony of S. Sastry, #2 Affidavit of M. Wilkes, #3 Exhibit 1 to Wilkes Decl., #4 Exhibit 2 to Wilkes Decl., #5 Exhibit 3 to Wilkes Decl., #6 Exhibit 4 to Wilkes Decl., #7 Exhibit 5 to Wilkes Decl., #8 Exhibit 6 - to Wilkes Decl., #9 Exhibit 7 - to Wilkes Decl., #10 Exhibit 8 - to Wilkes Decl., #11 Exhibit 9 - to Wilkes Decl., #12 Exhibit 10 - to Wilkes Decl., #13 Exhibit B - S. Sastry Depo Excerpts)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 352 MOTION to Exclude Testimony and Opinions of McCain Expert Steven C. Visser Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Exclude Testimony and Opinions of McCain Expert Steven C. Visser, #2 Affidavit Declaration of Dana M. Herberholz, #3 Exhibit F McCains Responses to Simplots Third Set of Interrogatories)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 351 MOTION to Seal Regarding Daubert Briefing Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 350 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 349 MOTION to Exclude Testimony of Jacqueline Beckley Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion to Exclude, #2 Affidavit of M. Wilkes, #3 Exhibit 1 to Wilkes Decl., #4 Exhibit 2 to Wilkes Decl., #5 Exhibit 3 to Wilkes Decl., #6 Exhibit 4 to Wilkes Decl., #7 Exhibit 5 to Wilkes Decl., #8 Exhibit B - Beckley Depo Transcript)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 348 Sealed Document Re: #346 MOTION for Summary Judgment Against Food Physics, LLC. (Attachments: #1 Exhibit Sealed B to Englar Declaration Purchase Order No. 1611371 dated January 17, 2017 FP00000811-812, #2 Exhibit Sealed A to Jardini Declaration Expert Report of Andr Jardini, #3 Exhibit Sealed C to Herberholz Declaration Food Physics Responses to Simplots 1st Set of Interrogatories dated April 22, 2020, #4 Exhibit Sealed D to Herberholz Declaration Excerpts of Speakman Depo Transcript dated May 25-26, 2021, #5 Exhibit Sealed E to Herberholz Declaration ELEA00037562-563, #6 Exhibit Sealed F to Herberholz Declaration SIMP_ID_114183, #7 Exhibit Sealed G to Herberholz Declaration SIMP_ID_114116, #8 Exhibit Sealed H to Herberholz Declaration ELEA00042592, #9 Exhibit Sealed I to Herberholz Declaration ELEA00037046-047, #10 Exhibit Sealed J to Herberholz Declaration ELEA00014523-524, #11 Exhibit Sealed K to Herberholz Declaration SIMP_ID_005024-027, #12 Exhibit Sealed L to Herberholz Declaration ELEA00000221-227)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 347 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Attachments: #1 Exhibit to the Declaration of Stefan Topfl)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 346 MOTION for Summary Judgment Against Food Physics, LLC Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support REDACTED Memorandum in Support, #2 Supplement Statement of Undisputed Material Facts, #3 Affidavit Declaration of James Englar, #4 Exhibit A January 16, 2017 Purchase Contract SIMP_ID_003860-885, #5 Exhibit C Elea's standard operating conditions for the Accused PEF Systems SIMP_ID_003836, #6 Affidavit Declaration of Vid Mohan-Ram, #7 Exhibit A June 21, 2017 Email Correspondence SIMP_ID_113416-417, #8 Exhibit B Aug. 9, 2017 Speakman Email SIMP_ID_023001-002, #9 Exhibit C Nov. 2, 2017 Mohan-Ram Letter SIMP_ID_107698-699, #10 Exhibit D Dec. 4, 2017 Mohan-Ram Email SIMP_ID_115301-302, #11 Affidavit Declaration of Andr Jardini, #12 Affidavit Declaration of Dana M. Herberholz, #13 Exhibit A Illinois Complaint, #14 Exhibit B March 31, 2017 Litigation Hold Letter SIMP_ID_115299-300)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 345 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 344 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Attachments: #1 Exhibit 57 to the Declaration of Kenneth Sheehan)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 343 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Attachments: #1 Exhibit 35-44 to the Declaration of Kenneth Sheehan)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 342 Sealed Document Re: #337 MOTION for Summary Judgment Against Elea. (Attachments: #1 Exhibit Sealed B to Englar Declaration Purchase Order No. 1186526 dated January 22, 2013 ELEA00000255, #2 Exhibit Sealed C to Englar Declaration Purchase Order No. 1190212 dated February 1, 2013 ELEA00000067, #3 Exhibit Sealed D to Englar Declaration Purchase Order No. 1230661 dated June 12, 2013 ELEA00000270, #4 Exhibit Sealed A to Jardini Declaration - Expert Report of Andr Jardini, #5 Affidavit Sealed Declaration of Dana M. Herberholz, #6 Exhibit Sealed B to Herberholz Declaration Eleas Objections and Responses to Simplot's Interrogatories (Nos. 1-18), served on 4/22/20, #7 Exhibit Sealed C to Herberholz Declaration Stefan Transcript Excerpts, #8 Exhibit Sealed D to Herberholz Declaration Speakman Transcript Excerpts, #9 Exhibit Sealed E to Herberholz Declaration Robinson Transcript Excerpts, #10 Exhibit Sealed F to Herberholz Declaration Currie Transcript Excerpts, #11 Exhibit Sealed G to Herberholz Declaration ELEA00025957, #12 Exhibit Sealed I Part 1 to Herberholz Declaration OAEO Ernst Opening Report, #13 Exhibit Sealed I Part 2 to Herberholz Declaration OAEO Ernst Opening Report, #14 Exhibit Sealed J to Herberholz Declaration ELEA00036492-93 and its attachment ELEA00036536-57, #15 Exhibit Sealed K to Herberholz Declaration ELEA00039969, #16 Exhibit Sealed L to Herberholz Declaration ELEA00013444, #17 Exhibit Sealed M to Herberholz Declaration Curulli Transcript Excerpts, #18 Exhibit Sealed N to Herberholz Declaration SIMP_ID_123702, #19 Exhibit Sealed O to Herberholz Declaration ELEA00050138, #20 Sealed P to Herberholz Declaration ELEA00015710)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 341 Sealed Document. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 340 Sealed Document Re: #335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 339 Sealed Document. (Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 338 DECLARATION filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC Exhibits 40-55 to the Declaration of Kenneth Sheehan. (Attachments: #1 Exhibit 56-63 to the Declaration of Kenneth Sheehan)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 337 MOTION for Summary Judgment Against Elea Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support REDACTED Memorandum in Support, #2 Supplement Statement of Undisputed Material Facts, #3 Affidavit Declaration of James Englar, #4 Exhibit A January 21, 2013 Purchase Contract SIMP_ID_001356-378, #5 Exhibit E Elea's standard operating conditions for the Accused PEF Systems SIMP_ID_003836, #6 Affidavit Declaration of Franca Curulli, #7 Exhibit A Email Correspondence SIMP_ID_013528-38, #8 Exhibit Declaration of Vid Mohan-Ram, #9 Exhibit A 2/24/17 Mohan-Ram Email SIMP_ID_024884-902, #10 Exhibit B 2/26/17 Topfl Email SIMP_ID_024520, #11 Exhibit C 3/8/17 Topfl Email SIMP_ID_027684-701, #12 Exhibit D 11/2/17 Mohan-Ram Indemnification Demand Letter SIMP_ID_107698-699, #13 Exhibit E 12/4/17 Mohan-Ram Email submitting indemnification costs to date SIMP_ID_115301-302, #14 Exhibit F 1/25/19 Topfl Email SIMP_ID_107625-627, #15 Affidavit Declaration of Prof. Thomas Pfeiffer, #16 Exhibit A Part 1 Simplots Disclosure of Expert Reports from Professor Pfeiffer dated July 9, 2021, #17 Exhibit A Part 2 Simplots Disclosure of Expert Reports from Professor Pfeiffer dated July 9, 2021, #18 Exhibit A Part 3 Simplots Disclosure of Expert Reports from Professor Pfeiffer dated July 9, 2021, #19 Exhibit A Part 4 Simplots Disclosure of Expert Reports from Professor Pfeiffer dated July 9, 2021, #20 Exhibit B Part 1 Second Rebuttal Expert Report of Thomas Pfeiffer dated August 19, 2021, #21 Exhibit B Part 2 Second Rebuttal Expert Report of Thomas Pfeiffer dated August 19, 2021, #22 Affidavit Declaration of Andr E. Jardini, #23 Affidavit REDACTED Declaration of Dana M. Herberholz, #24 Exhibit A 2/11/17 Illinois Complaint, #25 Exhibit H Ernst Preliminary Report, #26 Exhibit I Part 1 REDACTED OAEO Ernst Opening Report, #27 Exhibit I Part 2 REDACTED OAEO Ernst Opening Report)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 336 DECLARATION of Kenneth Sheehan filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC Declaration of Kenneth Sheehan in Support of Third-Party Defendants' Motions for Summary Judgment. (Attachments: #1 Exhibit 1-39 to Declaration of Kenneth Sheehan)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 335 MOTION for Summary Judgment Third Party Defendant Elea's Motion for Summary Judgment Against J.R. Simplot Bradley J Dixon appearing for ThirdParty Defendant Elea Vertriebs-und-Vermarktungsgesellschaft, mbH. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Elea's Motion for Summary Judgment Against J.R. Simplot Company, #2 Affidavit of Stefan Tofpl in Support of Third Party Defendants' Motion for Summary Judgment Against J.R. Simplot Company, #3 Affidavit of Nick Speakman)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 334 MOTION for Summary Judgment Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Appendix Statement of Undisputed Material Fact, #3 Affidavit of Meredith M. Wilkes, #4 Exhibit 1 - to Wilkes Decl,, #5 Exhibit 2 - to Wilkes Decl., #6 Exhibit 3 - to Wilkes Decl., #7 Exhibit 4 - to Wilkes Decl., #8 Exhibit 5 - to Wilkes Decl., #9 Exhibit 6 - to Wilkes Decl., #10 Exhibit 7 - to Wilkes Decl., #11 Exhibit 8 - to Wilkes Decl., #12 Exhibit 9 - to Wilkes Decl., #13 Exhibit 10 - to Wilkes Decl., #14 Exhibit 11 - to Wilkes Decl., #15 Exhibit 12 - to Wilkes Decl., #16 Exhibit 13 - to Wilkes Decl., #17 Exhibit 14 - to Wilkes Decl., #18 Exhibit 15 - to Wilkes Decl., #19 Exhibit 16 - to Wilkes Decl., #20 Exhibit 17 - to Wilkes Decl., #21 Exhibit 18 - to Wilkes Decl., #22 Exhibit B - Englar Depo Excerpts, #23 Exhibit C - Neel Depo Excerpts, #24 Exhibit D - Sastry Depo Excerpts)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 333 MOTION to Seal Third Party Defendants' Motion to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Dixon, Bradley)
January 26, 2022 Opinion or Order Filing 332 Sealed Document Re: #330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916. (Attachments: #1 Supplement SEALED Statement of Undisputed Material Facts, #2 Exhibit Sealed A Part 1 to Sastry Declaration Initial Expert Report of Dr. Sastry, #3 Exhibit Sealed A Part 2 to Sastry Declaration Initial Expert Report of Dr. Sastry, #4 Exhibit Sealed A Part 3 to Sastry Declaration Initial Expert Report of Dr. Sastry, #5 Exhibit Sealed A Part 4 to Sastry Declaration Initial Expert Report of Dr. Sastry, #6 Exhibit Sealed B to Sastry Declaration Rebuttal Expert Report of Dr. Sastry, #7 Exhibit Sealed E Part 1 to Herberholz Declaration PEF Project Report (MCID004236-4315), #8 Exhibit Sealed E Part 2 to Herberholz Declaration PEF Project Report (MCID004236-4315), #9 Exhibit Sealed I to Herberholz Declaration Floros Report Regarding Infringement, #10 Exhibit Sealed J Part 1 to Herberholz Declaration Floros Rebuttal Report Regarding Validity, #11 Exhibit Sealed J Part 2 to Herberholz Declaration Floros Rebuttal Report Regarding Validity, #12 Exhibit Sealed K to Herberholz Declaration Visser 036 Invalidity Report, #13 Exhibit Sealed L Part 1 to Herberholz Declaration Visser 916 Infringement Report, #14 Exhibit Sealed L Part 2 to Herberholz Declaration Visser 916 Infringement Report, #15 Exhibit Sealed M to Herberholz Declaration Visser 916 Validity Report, #16 Exhibit Sealed O to Herberholz Declaration McCains First Supplemental Responses to Simplots Interrogatory Nos. 1, 2, 4, 7, 14, and 15, #17 Exhibit Sealed Y to Herberholz Declaration Excerpts of 30(b)(6) Deposition of McCain (Fabrice Desailly) 4/16/2021, #18 Exhibit Sealed BB to Herberholz Declaration Excerpts of Deposition of John D. Floros 10/5/2021, #19 Exhibit Sealed DD to Herberholz Declaration Excerpts of 30(b)(6) Deposition of McCain (Carlos Rincon) 3/26/2021, #20 Exhibit Sealed FF to Herberholz Declaration SIMP_TXLN_000143-281)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 331 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendants McCain Foods Limited, McCain Foods Limited. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
January 26, 2022 Opinion or Order Filing 330 MOTION for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916 Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion for Summary Judgment of Non-Infringement or, in the Alternative, Invalidity of U.S. Patent Nos. 6,821,540 & D720,916, #2 Supplement Statement of Undisputed Material Facts, #3 Affidavit Declaration of Matthew Petersen, #4 Affidavit Declaration of James Englar, #5 Exhibit A - Elea's standard operating conditions for the Accused PEF Systems SIMP_ID_003836, #6 Affidavit Declaration of Sudhir K. Sastry, Ph.D., #7 Affidavit Dana M. Herberholz, #8 Exhibit A 036 Patent, #9 Exhibit B 916 Patent, #10 Exhibit C 540 Patent, #11 Exhibit D1 D688437 SIMP_ID_001812, #12 Exhibit D2 D716517 SIMP_ID_001815, #13 Exhibit D3 D716518 SIMP_ID_001818, #14 Exhibit D4 D716519 SIMP_ID_001821, #15 Exhibit D5 D716520 SIMP_ID_001825, #16 Exhibit D6 D723241 SIMP_ID_001828, #17 Exhibit D7 D723242 SIMP_ID_001832, #18 Exhibit D8 D723243 SIMP_ID_001835, #19 Exhibit F ELEA00011047 (Part 1), #20 Exhibit F ELEA00011047 (Part 2), #21 Exhibit G McCains Disclosure of Preliminary Claim Constructions and Extrinsic Evidence Pursuant to LPR 4.2, #22 Exhibit H MCID003720, #23 Exhibit N McCains Responses to Simplots First Set of Interrogatories, #24 Exhibit P McCains Responses to Simplots Second Set of Interrogatories, #25 Exhibit Q McCains Responses to Simplots Fifth Set of Interrogatories, #26 Exhibit R Simplots Response to McCain Foods USA, Inc.s First Set of Interrogatories, #27 Exhibit S Simplots Response to McCain Foods Limiteds First Set of Interrogatories, #28 Exhibit T McCains Disclosure of Asserted Claims and Second Amended Infringement Contentions, #29 Exhibit U Patent Owner Preliminary Response, #30 Exhibit V 540 File History, #31 Exhibit W Dutch PI Judgment 9/12/2017 and translation, #32 Exhibit X EDF Call For Tender Certificate of Translation, #33 Exhibit Z Excerpts of 30(b)(6) Deposition of Simplot (Jim Englar) 11/14/2019, #34 Exhibit AA Excerpts of Deposition of Simplot (Jim Englar) 2/17/2021, #35 Exhibit CC Excerpts of Deposition of Simplot (Matthew Petersen) 11/12/2019, #36 Exhibit EE Excerpts of Deposition of Sudhir Sastry 10/15/2021)(Herberholz, Dana)
January 26, 2022 Opinion or Order Filing 329 MOTION to Seal Regarding Summary Judgment Briefing Dana M Herberholz appearing for Counter Defendant J.R. Simplot Company, Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 2/16/2022 (Attachments: #1 Memorandum in Support)(Herberholz, Dana)
January 25, 2022 Opinion or Order Filing 328 DOCKET ENTRY ORDER approving #327 Motion for Pro Hac Vice Appearance of attorney Lesley McCall Grossberg for Elea Vertriebs-und-Vermarktungsgesellschaft, mbH Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
January 24, 2022 Opinion or Order Filing 327 MOTION FOR PRO HAC VICE APPEARANCE by Lesley McCall Grossberg. ( Filing fee $ 250 receipt number BIDDC-2334885.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/14/2022 (Dixon, Bradley)
January 20, 2022 Opinion or Order Filing 326 ANSWER to #324 Amended Complaint , COUNTERCLAIM against All Plaintiffs by McCain Foods Limited. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Wilkes, Meredith)
January 7, 2022 Opinion or Order Filing 325 NOTICE by McCain Foods Limited Disclosure of Asserted Claims and Second Amended Infringement Contentions (Wilkes, Meredith)
January 6, 2022 Opinion or Order Filing 324 AMENDED COMPLAINT against McCain Foods Limited, McCain Foods USA, Inc., filed by J.R. Simplot Company.(Herberholz, Dana)
January 5, 2022 Opinion or Order Filing 323 MEMORANDUM DECISION AND ORDER. McCain's Motion to Amend (Dkt. #306 ) is GRANTED. McCain shall file its Amended Infringement Contentions within three business days. Simplots Motion to Amend (Dkt. #308 ) is GRANTED. Simplot shall file its Amended Complaint within three business days. The Motions to Seal (Dkts. #305 , #312 , #318 ) are GRANTED. Simplot's prior Motions (Dkts. #206 , #208 ) are deemed MOOT. The renewed motions, and all supporting evidence, shall be refiled as new motions. All dispositive motions and Daubert motions shall be due on January 26, 2022. Response briefs will be due on February 23, 2022. Reply briefs will be due on March 16, 2022. The Court will set a hearing date once it has received all briefing. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt)
December 28, 2021 Opinion or Order Filing 322 NOTICE of Change of Address by Bradley J Dixon (Dixon, Bradley)
December 17, 2021 Opinion or Order Filing 321 MOTION to Withdraw as Attorney. for Third Party Defendants Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by AttorneyKersti Harter Kennedy appearing for ThirdParty Defendant Elea Vertriebs-und-Vermarktungsgesellschaft, mbH. Responses due by 1/7/2022 (Kennedy, Kersti)
December 3, 2021 Opinion or Order Filing 320 Sealed Document Re: #319 Reply to Response to Motion,. (Attachments: #1 Exhibit Sealed D to Supplemental Herberholz Declaration - Excerpts From 04.13.2021 Michael Baughman Depo Transcript, #2 Exhibit Sealed E to Supplemental Herberholz Declaration - McCain Foods USA, Inc.'s First Supplemental Responses and Objections to J.R. Simplot Company's Interrogatory Nos. 1, 2, 5, 7, 14, and 15)(Herberholz, Dana)
December 3, 2021 Opinion or Order Filing 319 REPLY to Response to Motion re #308 MOTION to Amend/Correct #2 Amended Document,, filed by J.R. Simplot Company.Motion Ripe Deadline set for 12/6/2021. (Attachments: #1 Affidavit Supplemental Declaration of Dana M. Herberholz, #2 Exhibit F - Declaration of Luc Marcoux in Support of Plaintiff McCain Foods Limited's Brief in Opposition to Defendant's Motion to Transfer (033-2), #3 Exhibit G - April 2021 Email Correspondence)(Herberholz, Dana)
December 3, 2021 Opinion or Order Filing 318 MOTION to Seal Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 12/27/2021 (Attachments: #1 Memorandum in Support of J.R. Simplot Companys Motion to Seal)(Herberholz, Dana)
December 2, 2021 Opinion or Order Filing 317 REPLY to Response to Motion re #307 SEALED MOTION in Support of Motion to Amend Infringement Contentions filed by McCain Foods Limited.Motion Ripe Deadline set for 12/3/2021.(Wilkes, Meredith)
December 1, 2021 Opinion or Order Filing 316 DOCKET ENTRY ORDER. Pursuant to District of Idaho Local Rule 7.1(a)(2), reply briefs in support of any motion are limited to 10 pages except under unusual circumstances and only with the Court's permission. McCain's reply brief (Dkt. #315 ) exceeds the 10-page limit. A request to file an over-length brief was not filed, nor does the Court see any reason its standard page limitation should not apply in this circumstance. Accordingly, McCain's brief (Dkt. #315 ) is STRICKEN. On or before December 3, 2021, McCain shall re-file a conforming brief or seek leave to file an over-length brief, explaining why such is necessary. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 30, 2021 Opinion or Order Filing 315 STRICKEN - REPLY to Response to Motion re #307 SEALED MOTION in Support of Motion to Amend Infringement Contentions filed by McCain Foods Limited.Motion Ripe Deadline set for 12/1/2021.(Wilkes, Meredith) Modified on 12/2/2021, see order Dkt. 316 (jd).
November 23, 2021 Opinion or Order Filing 314 Sealed Document. (Attachments: #1 Exhibit A)(Wilkes, Meredith)
November 23, 2021 Opinion or Order Filing 313 MEMORANDUM in Opposition re #308 MOTION to Amend/Correct #2 Amended Document,, filed by McCain Foods Limited. Replies due by 12/7/2021. (Attachments: #1 Affidavit of Meredith M. Wilkes, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Wilkes, Meredith)
November 23, 2021 Opinion or Order Filing 312 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 12/14/2021 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
November 19, 2021 Opinion or Order Filing 311 MEMORANDUM in Opposition re #306 MOTION to Amend/Correct Infringement Contentions filed by J.R. Simplot Company. Replies due by 12/3/2021. (Attachments: #1 Affidavit of Jordan L. Stott in Support of J.R. Simplot Company's Opposition to McCain's Motion for Leave to Amend Infringement Contentions, #2 Exhibit A - McCain Foods Limited's Disclosure of Asserted Claims and Infringement Contentions, #3 Exhibit B - McCain's Disclosure of Asserted Claims and Amended Infringement Contentions, #4 Exhibit C - McCain's Supplemental Responses and Objections to J.R. Simplot Company's Second Set of Interrogatories, #5 Exhibit D - Statement of Claim)(Stott, Jordan)
November 11, 2021 Opinion or Order Set/Reset Deadlines as to #306 MOTION to Amend/Correct Infringement Contentions, #308 MOTION to Amend/Correct #2 Amended Document,, .( Responses due by 11/19/2021, Replies due by 11/30/2021., Responses due by 11/23/2021, Replies due by 12/3/2021.) (alw)
November 11, 2021 Opinion or Order Filing 310 DOCKET ENTRY ORDER. Pursuant to informal communications between the Court and Counsel, the following deadlines shall apply: As to McCain's Motion to Amend (Dkt. #306 ) - Simplot's response is due on or before November 19, 2021, and McCain's reply on or before November 30, 2021; As to Simplot's Motion to Amend (Dkt. #308 ) - McCain's response is due on or before November 23, 2021, and Simplot's reply on or before December 3, 2021. The Daubert / Dispositive Motion deadline (previously entered in Dkt. #297 ) is vacated and reset for 21 days following the issuance of the Court's decision on the two referenced Motions to Amend. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 9, 2021 Opinion or Order Filing 309 MEMORANDUM DECISION AND ORDER. Eleas Motion to Bifurcate and Stay (Dkt. #284 ) is DENIED. Eleas Motion to Seal (Dkt. #292 ) is GRANTED. Signed by Judge David C. Nye. (alw)
November 9, 2021 Opinion or Order Filing 308 MOTION to Amend/Correct #2 Amended Document,, Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 11/30/2021 (Attachments: #1 Memorandum in Support of Motion for Leave to Amend Complaint, #2 Affidavit of Dana M. Herberholz in Support of Motion for Leave to Amend Complaint, #3 Exhibit A - Email Communications Re Simplot's Dismissal of Trade Dress Claim, #4 Exhibit B - REDLINE First Amended Complaint for Patent Infringement, #5 Exhibit C - CLEAN First Amended Complaint for Patent Infringement)(Herberholz, Dana)
November 4, 2021 Opinion or Order Filing 307 SEALED MOTION in Support of Motion to Amend Infringement Contentions Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 11/26/2021 (Attachments: #1 Exhibit 3 SEALED, #2 Exhibit 4 SEALED, #3 Exhibit 5 SEALED, #4 Exhibit 6 SEALED, #5 Exhibit 7 SEALED, #6 Exhibit 8 SEALED)(Wilkes, Meredith)
November 4, 2021 Opinion or Order Filing 306 MOTION to Amend/Correct Infringement Contentions Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 11/26/2021 (Attachments: #1 Memorandum in Support of Motion for Leave to Amend Infringement Contentions, #2 Affidavit of John C. Evans, #3 Exhibit 1 - Amended Infringement Contentions, #4 Exhibit 2 - Redline Infringement Contentions, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Wilkes, Meredith)
November 4, 2021 Opinion or Order Filing 305 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 11/26/2021 (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Exhibit Proposed Order)(Wilkes, Meredith)
October 28, 2021 Opinion or Order Filing 304 DOCKET ENTRY ORDER approving #303 Motion for Pro Hac Vice Appearance of attorney Phillip D Wolfe for Elea Vertriebs-und-Vermarktungsgesellschaft, mbH Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
October 27, 2021 Opinion or Order Filing 303 MOTION FOR PRO HAC VICE APPEARANCE by Phillip D. Wolfe. ( Filing fee $ 250 receipt number CIDDC-2294268.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 11/17/2021 (Dixon, Bradley)
October 20, 2021 Opinion or Order Filing 302 MEMORANDUM DECISION AND ORDER. Eleas Motion for Leave to Serve Sur-Reply (Dkt. #298 ) is GRANTED Signed by Judge David C. Nye. (alw)
October 18, 2021 Opinion or Order Filing 301 REPLY to Response to Motion re #298 MOTION for Leave to File -- to Serve Reply Expert Report of Dr. Wolfgang Ernst -- filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 10/19/2021.(Dixon, Bradley)
October 13, 2021 Opinion or Order Filing 300 MEMORANDUM in Opposition re #298 MOTION for Leave to File -- to Serve Reply Expert Report of Dr. Wolfgang Ernst -- filed by J.R. Simplot Company. Replies due by 10/27/2021.(Herberholz, Dana)
October 5, 2021 Opinion or Order Filing 299 DOCKET ENTRY ORDER. Pending before the Court is Third Party Defendants' Motion for Leave to Serve Reply Expert Report (Dkt. #298 ). With deadlines fast approaching, and in accordance with Federal Rule of Civil Procedure 1, the Court modifies the briefing on this Motion as follows: any party wishing to respond to the Motion must do so on or before October 13, 2021. Any response will be limited to 10 pages. Third Party Defendants' reply shall be due on or before October 18, 2021, and may not exceed 5 pages. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
October 4, 2021 Opinion or Order Filing 298 MOTION for Leave to File -- to Serve Reply Expert Report of Dr. Wolfgang Ernst -- Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 10/25/2021 (Dixon, Bradley)
September 7, 2021 Opinion or Order Filing 297 ORDER EXTENDING DEADLINE. Signed by Judge David C. Nye. (alw)
September 3, 2021 Opinion or Order Filing 296 MOTION for Extension of Deadlines Jordan Lee Stott appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 9/24/2021 (Stott, Jordan)
August 16, 2021 Opinion or Order Filing 295 MEMORANDUM DECISION AND ORDER. Signed by Judge David C. Nye. (alw)
August 10, 2021 Opinion or Order Filing 294 DOCKET ENTRY ORDER. The parties have jointly requested that the Court unseal its prior decision at Dkt. #253 . Good cause appearing, the Court will grant the request. The Clerk of the Court shall unseal Dkt. #253 . Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
August 4, 2021 Opinion or Order Filing 293 Sealed Document. (Attachments: #1 Declaration of K. Sheehan)(Dixon, Bradley)
August 4, 2021 Opinion or Order Filing 292 MOTION to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 8/25/2021 (Attachments: #1 Memorandum in Support)(Dixon, Bradley)
August 4, 2021 Opinion or Order Filing 291 REPLY to Response to Motion re #284 MOTION to Bifurcate and Stay Aspects of Simplot's Indemnity Claims filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 8/5/2021. (Attachments: #1 Declaration of K. Sheehan in Support of Reply)(Dixon, Bradley)
July 21, 2021 Opinion or Order Filing 290 Sealed Document Re: #289 Memorandum in Opposition to Motion,. (Herberholz, Dana)
July 21, 2021 Opinion or Order Filing 289 MEMORANDUM in Opposition re #284 MOTION to Bifurcate and Stay Aspects of Simplot's Indemnity Claims filed by J.R. Simplot Company. Replies due by 8/4/2021. (Attachments: #1 Affidavit of Dana M. Herberholz)(Herberholz, Dana)
July 14, 2021 Opinion or Order Filing 288 SEALED REPLY to Response to Motion re #281 MOTION to Compel filed by McCain Foods Limited.Motion Ripe Deadline set for 7/15/2021. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1)(Wilkes, Meredith)
July 14, 2021 Opinion or Order Filing 287 REPLY to Response to Motion re #281 MOTION to Compel filed by McCain Foods Limited.Motion Ripe Deadline set for 7/15/2021. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1)(Wilkes, Meredith)
July 14, 2021 Opinion or Order Filing 286 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited. Responses due by 8/4/2021 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
July 7, 2021 Opinion or Order Filing 285 MEMORANDUM in Opposition re #281 MOTION to Compel filed by J.R. Simplot Company. Replies due by 7/21/2021. (Attachments: #1 Exhibit A - EDPA-2-15-cv-06133-157, #2 Exhibit B - EDTX-2-20-cv-00007-107, #3 Affidavit of Andrea Valle)(Stott, Jordan)
June 30, 2021 Opinion or Order Filing 284 MOTION to Bifurcate and Stay Aspects of Simplot's Indemnity Claims Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 7/21/2021 (Attachments: #1 Memorandum in Support)(Dixon, Bradley)
June 25, 2021 Opinion or Order Set/Reset Deadlines as to #281 MOTION to Compel . Responses due by 7/7/2021 Replies due by 7/14/2021. (alw)
June 24, 2021 Opinion or Order Filing 283 DOCKET ENTRY ORDER. Pending before the Court is McCain's Motion to Compel. Dkt. #281 . This matter was already raised informally with the Court. Owing to this fact, adhering to principles of Federal Rule of Civil Procedure 1, and in light of upcoming expert discovery, the Court hereby shortens the briefing schedule as follows: Simplot's Response shall be due on or before July 7, 2021. McCain's Reply shall be due on or before July 14, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
June 23, 2021 Opinion or Order Filing 282 Sealed Document Re: #281 MOTION to Compel . (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 3)(Wilkes, Meredith)
June 23, 2021 Opinion or Order Filing 281 MOTION to Compel Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 7/14/2021 (Attachments: #1 Memorandum in Support of Motion to Compel, #2 Affidavit of John C. Evans, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Wilkes, Meredith)
June 23, 2021 Opinion or Order Filing 280 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited. Responses due by 7/14/2021 (Attachments: #1 Memorandum in Support of Motion to Seal)(Wilkes, Meredith)
May 27, 2021 Opinion or Order Filing 279 DOCKET ENTRY ORDER. Pending before the Court are numerous substantive motions. In conjunction with these substantive motions, the parties have filed numerous motions to seal various documents. The parties correctly filed the respective documents under seal, as well as redacted copies for the public record. None of the motions to seal are opposed. Good case appearing, the Court GRANTS the various motions to seal (Dkts. #261 , #265 , #273 , #276 ). The documents so designated shall remain under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
May 24, 2021 Opinion or Order Filing 278 REDACTION to #277 Sealed Reply to Response to Motion,, by J.R. Simplot Company. (Attachments: #1 Affidavit of Denis Mongier du Sorbier, #2 Affidavit of Christopher Cuneo in Support of J.R. Simplot Companys Motion for a Second Amendment to Its Invalidity Contentions)(Cuneo, Christopher)
May 24, 2021 Opinion or Order Filing 277 SEALED REPLY to Response to Motion re #266 MOTION to Amend/Correct filed by J.R. Simplot Company.Motion Ripe Deadline set for 5/25/2021. (Attachments: #1 Affidavit of Denis Mongier du Sorbier, #2 Affidavit of Christopher Cuneo in Support of J.R. Simplot Companys Motion for a Second Amendment to Its Invalidity Contentions, #3 Exhibit A - Excerts from Deposition of Fabrice Desailly taken on April 16, 2021, #4 Exhibit B - SIMP_TXLN_000090 (MCJP000029), #5 Exhibit C - Deposition Exhibit PX0172T (MCJP000296))(Cuneo, Christopher)
May 24, 2021 Opinion or Order Filing 276 MOTION to Seal Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 6/14/2021 (Attachments: #1 Memorandum in Support of J.R. Simplot Companys Motion to Seal)(Cuneo, Christopher)
May 10, 2021 Opinion or Order Filing 275 SEALED RESPONSE to Motion re #266 MOTION to Amend/Correct Simplot Invalidity Contentions filed by McCain Foods Limited. Replies due by 5/24/2021. (Attachments: #1 Exhibit 1 - SEALED, #2 Exhibit 2 - SEALED, #3 Exhibit 3 - SEALED, #4 Exhibit 4 - SEALED, #5 Exhibit 5 - SEALED)(Wilkes, Meredith)
May 10, 2021 Opinion or Order Filing 274 MEMORANDUM in Opposition re #266 MOTION to Amend/Correct Simplot Invalidity Contentions filed by McCain Foods Limited. Replies due by 5/24/2021. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Wilkes, Meredith)
May 10, 2021 Opinion or Order Filing 273 MOTION to Seal Meredith M Wilkes appearing for Plaintiff McCain Foods Limited. Responses due by 6/1/2021 (Attachments: #1 Memorandum in Support)(Wilkes, Meredith)
May 7, 2021 Opinion or Order Filing 272 ORDER EXTENDING DEADLINES. Fact Discovery due by 5/28/2021., Dispositive and Daubert Motions due by 10/29/2021. Signed by Judge David C. Nye. (alw)
May 5, 2021 Opinion or Order Filing 271 RESPONSE to Motion re #264 MOTION for Extension of Deadlines filed by McCain Foods USA, Inc.. Replies due by 5/19/2021.(Evans, John)
May 5, 2021 Opinion or Order Filing 270 RESPONSE to Motion re #264 MOTION for Extension of Deadlines filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 5/19/2021.(Dixon, Bradley)
May 5, 2021 Opinion or Order Filing 269 REPLY to Response to Motion re #252 MOTION to Quash Subpoena to Dana M. Herberolz filed by J.R. Simplot Company.Motion Ripe Deadline set for 5/6/2021.(Buroker, Brian)
May 3, 2021 Opinion or Order Filing 268 DOCKET ENTRY ORDER. Pending before the Court is Simplot's Motion for Extension of Deadlines (Dkt. #264 ). The deadlines at issues are fast approaching (or, in the case of fact discovery, have already come and gone). Hearkening to Federal Rule of Civil Procedure 1, the Court finds it appropriate to shorten the deadlines as follows: any party wishing to file a response to Simplot's Motion shall do so on or before May 5, 2021. If Simplot's elects to reply, any reply shall be due on or before May 6, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
April 30, 2021 Opinion or Order Filing 267 Sealed Document Re: #266 MOTION to Amend/Correct . (Attachments: #1 Exhibit SEALED Ex. A to Cuneo Declaration - CLEAN Simplot's Second Amended Invalidity Contentions, #2 Exhibit SEALED Ex. B to Cuneo Declaration - REDLINE Simplot's Second Amended Invalidity Contentions)(Cuneo, Christopher)
April 30, 2021 Opinion or Order Filing 266 MOTION to Amend/Correct Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 5/21/2021 (Attachments: #1 Memorandum in Support REDACTED Memorandum in Support of J.R. Simplot Companys Motion for a Second Amendment to Its Invalidity Contentions, #2 Affidavit of Christopher Cuneo in Support of J.R. Simplot Companys Motion for a Second Amendment to Its Invalidity Contentions)(Cuneo, Christopher)
April 30, 2021 Opinion or Order Filing 265 MOTION to Seal Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 5/21/2021 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Seal)(Cuneo, Christopher)
April 30, 2021 Opinion or Order Filing 264 MOTION for Extension of Deadlines Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 5/21/2021 (Cuneo, Christopher)
April 21, 2021 Opinion or Order Filing 263 Sealed Document. (Attachments: #1 Sealed Exhibits B-C to the Sheehan Declaration)(Dixon, Bradley)
April 21, 2021 Opinion or Order Filing 262 MEMORANDUM in Opposition re #252 MOTION to Quash Subpoena to Dana M. Herberolz -- Redacted -- filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 5/5/2021. (Attachments: #1 Declaration of Kenneth J. Sheehan)(Dixon, Bradley)
April 21, 2021 Opinion or Order Filing 261 MOTION to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 5/12/2021 (Attachments: #1 Memorandum in Support)(Dixon, Bradley)
April 20, 2021 Opinion or Order Filing 260 DOCKET ENTRY ORDER approving #259 Motion for Pro Hac Vice Appearance of attorney Charles C Carson for Elea Vertriebs-und-Vermarktungsgesellschaft, mbH Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (alw)
April 19, 2021 Opinion or Order Filing 259 MOTION FOR PRO HAC VICE APPEARANCE by Charles C. Carson. ( Filing fee $ 250 receipt number AIDDC-2202566.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 5/10/2021 (Dixon, Bradley)
April 12, 2021 Opinion or Order Filing 258 LETTER OF REQUEST: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. Signed by Judge David C. Nye. (alw)
April 12, 2021 Opinion or Order Filing 257 LETTER OF REQUEST: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. Signed by Judge David C. Nye. (alw)
April 12, 2021 Opinion or Order Filing 256 LETTER OF REQUEST: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. Signed by Judge David C. Nye. (alw)
April 12, 2021 Opinion or Order Filing 255 LETTER OF REQUEST: REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE PURSUANT TO THE HAGUE CONVENTION OF 18 MARCH 1970 ON THE TAKING OF EVIDENCE ABROAD IN CIVIL OR COMMERCIAL MATTERS. Signed by Judge David C. Nye. (alw)
April 5, 2021 Opinion or Order Filing 254 NOTICE of Appearance by Brook Bernard Bond on behalf of J.R. Simplot Company (Bond, Brook)
April 2, 2021 Opinion or Order Filing 253 SEALED MEMORANDUM DECISION AND ORDER - Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
March 31, 2021 Opinion or Order Filing 252 MOTION to Quash Subpoena to Dana M. Herberolz Brian M Buroker appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 4/21/2021 (Attachments: #1 Memorandum in Support of Motion to Quash Subpoena to Dana M. Herberolz, #2 Affidavit of Christopher Cuneo in Support of Motion to Quash Subpoena, #3 Exhibit 1 - Equipment Furnish Only Purchase Contract (Elea) (SIMP_ID_001356), #4 Exhibit 2 - Equipment Furnish Only Purchase Contract (Food Physics) (SIMP_ID_003860), #5 Exhibit 3 - Herberholz Email dated Jan. 7, 2021, #6 Exhibit 4 - Deposition Subpoena to Dana Herberholz dated Mar. 16, 2021, #7 Exhibit 5 - Excerpts from Deposition of Vid Mohan-Ram dated Feb. 18, 2021, #8 Exhibit 6 - Excerpts from Deposition of James Englar dated Feb. 17, 2021)(Buroker, Brian)
March 26, 2021 Opinion or Order Filing 251 DOCKET ENTRY ORDER approving #250 Motion for Pro Hac Vice Appearance for Nikki L. Sanford. Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
March 25, 2021 Opinion or Order Filing 250 MOTION FOR PRO HAC VICE APPEARANCE by Nikki L. Sanford. ( Filing fee $ 250 receipt number CIDDC-2191488.)Kersti Harter Kennedy appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 4/15/2021 (Kennedy, Kersti)
March 19, 2021 Opinion or Order Filing 249 Sealed Document Re: #219 MOTION to Continue Pursuant to Rule 56(d). (Dixon, Bradley)
March 19, 2021 Opinion or Order Filing 248 Sealed Document Re: #219 MOTION to Continue Pursuant to Rule 56(d). (Dixon, Bradley)
March 19, 2021 Opinion or Order Filing 247 REPLY to Response to Motion re #219 MOTION to Continue Pursuant to Rule 56(d) filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 3/22/2021. (Attachments: #1 Affidavit of Kenneth J. Sheehan in Support of Third-Party Defendants' Reply in Support of Motion for Continuance Pursuant to Rule 56(d))(Dixon, Bradley)
March 19, 2021 Opinion or Order Filing 246 MOTION to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 4/9/2021 (Attachments: #1 Memorandum in Support of Third-Party Defendants' Motion to Seal)(Dixon, Bradley)
March 5, 2021 Opinion or Order Filing 245 REDACTION to #244 Sealed Reply to Response to Motion REDACTED Reply in Support of J.R. Simplot Companys Motion for Partial Summary Judgment Against Food Physics by J.R. Simplot Company. (Herberholz, Dana)
March 5, 2021 Opinion or Order Filing 244 SEALED REPLY to Response to Motion re #208 MOTION for Partial Summary Judgment Against Food Physics LLC filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/8/2021.(Herberholz, Dana)
March 5, 2021 Opinion or Order Filing 243 SEALED REPLY to Response to Motion re #206 MOTION for Partial Summary Judgment Against Elea filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/8/2021. (Attachments: #1 Affidavit SEALED Supplemental Declaration of Dana M. Herberholz in Support of J.R. Simplot Company's Motions for Summary Judgment, #2 Errata E - ELEA00025957, #3 Exhibit F - ELEA00036492, #4 Exhibit G - ELEA00039969, #5 Exhibit H - ELEA00037562, #6 Exhibit I - ELEA00013444, #7 Exhibit J - Franca Curulli Transcript, #8 Exhibit K - SIMP_ID_114183, #9 Exhibit L - SIMP_ID_114116, #10 Exhibit M - ELEA00042592, #11 Exhibit N - ELEA00037046, #12 Exhibit O - ELEA00014523, #13 Exhibit P - SIMP_ID_123702, #14 Exhibit Q - ELEA00050138-139, #15 Exhibit R - ELEA00015710, #16 Exhibit S - SIMP_ID_005024, #17 Exhibit T - ELEA00000221)(Herberholz, Dana)
March 5, 2021 Opinion or Order Filing 242 REPLY to Response to Motion re #206 MOTION for Partial Summary Judgment Against Elea filed by J.R. Simplot Company.Motion Ripe Deadline set for 3/8/2021. (Attachments: #1 Affidavit of Prof. Thomas Pfeiffer, #2 Exhibit A - Rebuttal Expert Report of Thomas Pfeiffer, #3 Appendix A - Translation of German Code Provisions, #4 Appendix B - References to Rebuttal Report_Part 1, #5 Appendix B - References to Rebuttal Report_Part 2, #6 Appendix B - References to Rebuttal Report_Part 3, #7 Affidavit REDACTED Supplemental Declaration of Dana M. Herberholz in Support of J.R. Simplot Company's Motions for Summary Judgment)(Herberholz, Dana)
March 5, 2021 Opinion or Order Filing 241 MOTION to Seal Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 3/26/2021 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Seal)(Herberholz, Dana)
March 5, 2021 Opinion or Order Filing 240 MEMORANDUM in Opposition re #219 MOTION to Continue Pursuant to Rule 56(d) filed by J.R. Simplot Company. Replies due by 3/19/2021.(Herberholz, Dana)
March 3, 2021 Opinion or Order Filing 239 Copies of the convocation sent to Mr. Cousin, to the lawyer of Jr. Simplot and the lawyer of McCain Foods Limited returned from France. (see dkt #163 ) (jd)
March 3, 2021 Opinion or Order Filing 238 SUPPLEMENT by Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC re #228 Declaration, Supplemental Exhibit F to the Declaration of Professor Dr. Wolfgang Ernst in Support of Third Party DefendantsOpposition to Simplots Motion for Partial Summary Judgment. (Attachments: #1 Exhibit F (Supplemental))(Dixon, Bradley)
February 17, 2021 Opinion or Order Filing 237 DOCKET ENTRY ORDER approving #236 Motion for Pro Hac Vice Appearance of attorney Christina J. Moser for Elea Vertriebs-und-Vermarktungsgesellschaft, mbH and for Food Physics LLC Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 16, 2021 Opinion or Order Filing 236 MOTION FOR PRO HAC VICE APPEARANCE by Christina J. Moser. ( Filing fee $ 250 receipt number 0976-2168656.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 3/9/2021 (Dixon, Bradley)
February 9, 2021 Opinion or Order Set Deadlines/Hearings: Discovery due by 4/30/2021. Motions due by 10/1/2021. (jd)
February 8, 2021 Opinion or Order Filing 235 DOCKET ENTRY ORDER. The parties have filed a stipulation regarding certain deadlines in this case (Dkt. #234 ). The Court has reviewed the stipulation and APPROVES the same. The deadlines outlined in Dkt. #234 shall govern this case moving forward. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
February 5, 2021 Opinion or Order Filing 234 STIPULATION re #160 Stipulation Regarding Amended Discovery Deadlines by J.R. Simplot Company. (Stott, Jordan)
February 3, 2021 Opinion or Order Filing 233 ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE OVERLENGTH BRIEFS AND FOR EXTENSION OF TIME TO FILE REPLIES IN SUPPORT OF MOTIONS FOR PARTIAL SUMMARY JUDGMENT AND IN RESPONSE TO MOTION TO CONTINUE PURSUANT TO RULE 56(d) - IT IS HEREBY ORDERED that the Motion is GRANTED in all respects, and Simplot shall have up to and including March 5, 2021 to file its reply briefs in support of its Motions for Partial Summary Judgment, each brief not to exceed 25 pages. Simplot shall have up to and including March 5, 2021 to file its responsive brief in opposition to Third-Party Defendants Rule 56(d) Motion. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 3, 2021 Opinion or Order Set/Reset Deadlines as to #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea, #219 MOTION to Continue Pursuant to Rule 56(d). Responses due by 3/5/2021. Replies due by 3/5/2021. (jd)
February 2, 2021 Opinion or Order Filing 232 Joint MOTION for Leave to File Excess Pages and for Extension of Time to File Replies Jordan Lee Stott appearing for Plaintiff J.R. Simplot Company. Responses due by 2/23/2021 (Attachments: #1 Declaration of Jordan Stott)(Stott, Jordan)
January 22, 2021 Opinion or Order Filing 231 DOCKET ENTRY ORDER. Pending before the Court are numerous substantive motions. In conjunction with these substantive motions, the parties have filed numerous motions to seal various documents. The parties correctly filed the respective documents under seal, as well as redacted copies for the public record. None of the motions to seal are opposed. Good case appearing, the Court GRANTS the various motions to seal (Dkts. #164 , #174 , #180 , #192 , #197 , #202 , #205 , #220 ). The documents so designated shall remain under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb) Modified on 1/22/2021, added last sentence to order per B. Briggs (jd).
January 21, 2021 Opinion or Order Filing 230 Sealed Document. (Attachments: #1 Affidavit Part 2 - Declaration of Kenneth Sheehan, #2 Affidavit Part 3 - Declaration of Kenneth Sheehan)(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 229 DECLARATION of Kenneth J. Sheehan re #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC Declaration of Kenneth J. Sheehan in Support of Third-Party Defendants' Opposition to Simplot's Motions for Partial Summary Judgment. (Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 228 DECLARATION re #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC Declaration of Prof. Dr. Wolfgang Ernst in Support of Third-Party Defendants' Opposition to Simplot's Motions for Partial Summary Judgment. (Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 227 MEMORANDUM in Opposition re #208 MOTION for Partial Summary Judgment Against Food Physics LLC filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 2/4/2021.(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 226 MEMORANDUM in Opposition re #206 MOTION for Partial Summary Judgment Against Elea filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 2/4/2021.(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 225 Sealed Document. (Attachments: #1 Affidavit Part 2 - Declaration of Nick Speakman, #2 Affidavit Part 3 - Declaration of Nick Speakman, #3 Affidavit Part 4 - Declaration of Nick Speakman, #4 Affidavit Part 5 - Declaration of Nick Speakman, #5 Affidavit Part 6 - Declaration of Nick Speakman, #6 Affidavit Part 7 - Declaration of Nick Speakman, #7 Affidavit Part 8 - Declaration of Nick Speakman)(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 224 Sealed Document. (Attachments: #1 Affidavit Part 2 - Declaration of Dr. Stefan Topfl, #2 Affidavit Part 3 - Declaration of Dr. Stefan Topfl)(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 223 Sealed Document. (Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 222 SEALED RESPONSE to Motion re #208 MOTION for Partial Summary Judgment Against Food Physics LLC filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 2/4/2021.(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 221 SEALED RESPONSE to Motion re #206 MOTION for Partial Summary Judgment Against Elea filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 2/4/2021.(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 220 MOTION to Seal Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/11/2021 (Attachments: #1 Memorandum in Support of Motion to Seal)(Dixon, Bradley)
January 21, 2021 Opinion or Order Filing 219 MOTION to Continue Pursuant to Rule 56(d) Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/11/2021 (Attachments: #1 Memorandum in Support of Motion for Continuance Pursuant to Rule 56(d), #2 Affidavit of Kenneth Sheehan in Support of Motion for Continuance Pursuant to Rule 56(d))(Dixon, Bradley)
January 19, 2021 Opinion or Order Filing 218 ORDER - The Motion (Dkt. #217 ) is GRANTED. Third-Party Defendants shall be allowed to file a brief in response to J.R. Simplots Motion for Partial Summary Judgment against Elea (Dkt. #206 ) not to exceed 35 pages and a response to Simplots Statement of Undisputed Material Facts (Dkt. 206-2) not to exceed 35 pages, a brief in response to J.R. Simplots Motion for Partial Summary Judgment against Food Physics (Dkt. #208 ) not to exceed 35 pages, and a response to Simplots Statement of Undisputed Material Facts (Dkt. 208-2) not to exceed 35 pages. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
January 15, 2021 Opinion or Order Filing 217 MOTION for Leave to File Excess Pages Re: J.R. Simplot Companys Motion for Partial Summary Judgment Against Elea [Dkt. 206] and Motion for Partial Summary Judgment Against Food Physics, LLC [Dkt. 208] Kersti Harter Kennedy appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 2/5/2021 (Attachments: #1 Affidavit of Counsel in Support of Motion for Leave to File Overlength Briefs)(Kennedy, Kersti)
January 15, 2021 Opinion or Order Filing 216 NOTICE of Appearance by Kersti Harter Kennedy on behalf of Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC (Kennedy, Kersti)
December 9, 2020 Opinion or Order Filing 215 DOCKET ENTRY ORDER. Pending before the Court is Third-Party Defendants' Motion for Extension of Time (Dkt. #211 ). Good cause appearing, the same is hereby GRANTED. Third-Party Defendants' Responses to Simplot's Motions for Partial Summary Judgment (Dkts. #206 , #208 ) shall be due on or before January 21, 2021. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
December 8, 2020 Opinion or Order Filing 214 REPLY to Response to Motion re #211 MOTION for Extension of Time to File Response to Motions for Partial Summary Judgment MOTION to File Amicus Brief MOTION for Extension of Time to File Answer re #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea MOTION for Extension of Time to File Response/Reply as to #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 12/9/2020.(Dixon, Bradley)
December 7, 2020 Opinion or Order Filing 213 MEMORANDUM in Opposition re #211 MOTION for Extension of Time to File Response to Motions for Partial Summary Judgment MOTION to File Amicus Brief MOTION for Extension of Time to File Answer re #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea MOTION for Extension of Time to File Response/Reply as to #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea filed by J.R. Simplot Company. Replies due by 12/21/2020.(Herberholz, Dana)
December 4, 2020 Opinion or Order Filing 212 DOCKET ENTRY ORDER. Pending before the Court is Third-Party Defendants' Motion for Extension of Time (Dkt. #211 ). To further the purpose of Federal Rule of Civil Procedure 1, the Court hereby orders as follows: Any party wishing to respond to the Motion for Extension of Time must do so on or before December 7, 2020. If any party responds, Third-Party Defendants may reply on or before December 8, 2020. The Court will then rule on the motion. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
December 4, 2020 Opinion or Order Filing 211 MOTION for Extension of Time to File Response to Motions for Partial Summary Judgment, MOTION to File Amicus Brief , MOTION for Extension of Time to File Answer re #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea , MOTION for Extension of Time to File Response/Reply as to #208 MOTION for Partial Summary Judgment Against Food Physics LLC, #206 MOTION for Partial Summary Judgment Against Elea ( Responses due by 12/28/2020)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. (Dixon, Bradley)
December 1, 2020 Opinion or Order Filing 210 NOTICE by J.R. Simplot Company re #206 MOTION for Partial Summary Judgment Against Elea Notice Regarding Certified Translation (Attachments: #1 Exhibit 1 - Translator's Certificate of Translation)(Herberholz, Dana)
November 30, 2020 Opinion or Order Filing 209 Sealed Document Re: #208 MOTION for Partial Summary Judgment Against Food Physics LLC. (Attachments: #1 Exhibit SEALED Ex. B to Englar Declaration - Purchase Order (FP00000811), #2 Exhibit SEALED Ex. C to Herberholz Declaration - Food Physics LLC's Objections and Responses to Simplot's First Set of Interrogatories (Nos. 1-15))(Herberholz, Dana)
November 30, 2020 Opinion or Order Filing 208 MOTION for Partial Summary Judgment Against Food Physics LLC Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 12/21/2020 (Attachments: #1 Memorandum in Support REDACTED Copy, #2 Supplement Statement of Undisputed Material Facts, #3 Affidavit Declaration of James Englar, #4 Exhibit A - Equipment Furnish Only Purchase Contract (SIMP_ID_003860), #5 Exhibit C - Standard Operating Conditions (SIMP_ID_003836), #6 Affidavit Declaration of Franca Curulli, #7 Exhibit A - Email Communications, #8 Affidavit Declaration of Vid Mohan-Ram, Ph.D, J.D., #9 Exhibit A - Email Communications (SIMP_ID_113416), #10 Exhibit B - Email Communications (SIMP_ID_023001), #11 Exhibit C - Notice of Claim (SIMP_ID_107698), #12 Exhibit D - Indemnification Costs (SIMP_ID_115301), #13 Affidavit Declaration of Dana M. Herberholz, #14 Exhibit A - Illinois Complaint, #15 Exhibit B - Litigation Hold Letter to Food Physics, #16 Exhibit D - McCain's Supplemental Discovery Responses served 1.28.2020)(Herberholz, Dana)
November 30, 2020 Opinion or Order Filing 207 Sealed Document Re: #206 MOTION for Partial Summary Judgment Against Elea. (Attachments: #1 Exhibit SEALED Ex. B to Englar Declaration - Purchase Contract (ELEA00000255), #2 Exhibit SEALED Ex. C to Englar Declaration - Purchase Order (ELEA00000067), #3 Exhibit SEALED Ex. D to Englar Declaration - Purchase Order (ELEA00000270), #4 Exhibit SEALED Ex. B to Herberholz Declaration - Elea's Objections and Responses to Simplot's First Set of Interrogatories (Nos. 1-18))(Herberholz, Dana)
November 30, 2020 Opinion or Order Filing 206 MOTION for Partial Summary Judgment Against Elea Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 12/21/2020 (Attachments: #1 Memorandum in Support REDACTED Copy, #2 Supplement Statement of Undisputed Material Facts, #3 Affidavit Declaration of James Englar, #4 Exhibit A - Equipment Furnish Only Purchase Contract (SIMP_ID_001356), #5 Exhibit E - Standard Operating Conditions (SIMP_ID_003836), #6 Affidavit Declaration of Franca Curulli, #7 Exhibit A - Email Communications, #8 Affidavit Declaration of Vid Mohan-Ram, Ph.D, J.D., #9 Exhibit A - Mohan-Ram Email dated 2.24.2017 (SIMP_ID_024885), #10 Exhibit B - Topfl Email dated 2.26.2017 (SIMP_ID_024520), #11 Exhibit C - Topfl Email dated 3.8.2017 (SIMP_ID_027684), #12 Exhibit D - Notice of Claim (SIMP_ID_107698), #13 Exhibit E - Indemnification Costs (SIMP_ID_115301), #14 Exhibit F - Jan. 2019 Emails (SIMP_ID_107625), #15 Affidavit Declaration of Thomas Pfeiffer, #16 Exhibit A - Preliminary Expert Report of Thomas Pfeiffer, #17 Affidavit Declaration of Dana M. Herberholz, #18 Exhibit A - Illinois Complaint, #19 Exhibit C - McCain's Supplemental Discovery Responses served 1.28.2020, #20 Exhibit D - Complaint for Breach of Contract Against Elea)(Herberholz, Dana)
November 30, 2020 Opinion or Order Filing 205 MOTION to Seal Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 12/21/2020 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Seal)(Herberholz, Dana)
November 4, 2020 Opinion or Order Filing 204 Sealed Document Re: #203 Reply to Response to Motion,,,. (Attachments: #1 Exhibit SEALED Ex. 4 to Declaration of Jordan Stott (MCID007508))(Buroker, Brian)
November 4, 2020 Opinion or Order Filing 203 REPLY to Response to Motion re #198 MOTION for Issuance of Letters of Request to the Central Authority of Germany to Obtain Evidence from Deutsches Institut fr Lebensmitteltechnik e.V., Stefan Topfl, Volker Heinz, and Dietrich Knorr filed by J.R. Simplot Company.Motion Ripe Deadline set for 11/5/2020. (Attachments: #1 Affidavit of Jordan L. Stott, #2 Exhibit 1 - 09.02.2020 Third-Party Defendants' Objections and Responses to Simplot's Revised List of ESI Search Terms and Custodians, #3 Exhibit 2 - 09.14.2020 Third-Party Defendants' Objections and Responses to Simplot's Second Revised List of ESI Search Terms and Custodians, #4 Exhibit 3 - 04.22.2020 Elea's Objections and Responses to Simplot's First Set of Requests for Production (Nos. 1-62))(Buroker, Brian)
November 4, 2020 Opinion or Order Filing 202 MOTION to Seal Brian M Buroker appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 11/25/2020 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Seal (Re Reply in Support of Motion for Issuance of Letters of Request to Germany))(Buroker, Brian)
October 21, 2020 Opinion or Order Filing 201 RESPONSE to Motion re #198 MOTION for Issuance of Letters of Request to the Central Authority of Germany to Obtain Evidence from Deutsches Institut fr Lebensmitteltechnik e.V., Stefan Topfl, Volker Heinz, and Dietrich Knorr filed by Food Physics LLC. Replies due by 11/4/2020.(Dixon, Bradley)
October 2, 2020 Opinion or Order Filing 200 REPLY to Response to Motion re #193 MOTION to Amend/Correct #113 Third Party Complaint filed by J.R. Simplot Company.Motion Ripe Deadline set for 10/5/2020.(Herberholz, Dana)
September 30, 2020 Opinion or Order Filing 199 Sealed Document Re: #198 MOTION for Issuance of Letters of Request to the Central Authority of Germany to Obtain Evidence from Deutsches Institut fr Lebensmitteltechnik e.V., Stefan Topfl, Volker Heinz, and Dietrich Knorr . (Attachments: #1 Exhibit Ex. 4 to Declaration of Brian M. Buroker - Elea's Objections and Responses to Simplot's First Set of Interrogatories (Nos. 1-18))(Buroker, Brian)
September 30, 2020 Opinion or Order Filing 198 MOTION for Issuance of Letters of Request to the Central Authority of Germany to Obtain Evidence from Deutsches Institut fr Lebensmitteltechnik e.V., Stefan Topfl, Volker Heinz, and Dietrich Knorr Brian M Buroker appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 10/21/2020 (Attachments: #1 Appendix A - Letter of Request (DIL), #2 Exhibit A1 - RFPs (DIL), #3 Exhibit A2 - Depo Topics (DIL), #4 Appendix B - Letter of Request (Stefan Tpfl), #5 Exhibit B1 - RFPs (Stefan Tpfl), #6 Exhibit B2 - Depo Topics (Stefan Tpfl), #7 Appendix C - Letter of Request (Volker Heinz), #8 Exhibit C1 - RFPs (Volker Heinz), #9 Exhibit C2 - Depo Topics (Volker Heinz), #10 Appendix D - Letter of Request (Dietrich Knorr), #11 Exhibit D1 - RFPs (Dietrich Knorr), #12 Exhibit D2 - Depo Topics (Dietrich Knorr), #13 Affidavit Declaration of Brian M. Buroker, #14 Exhibit 1 - Simplot's Fourth Set of RFPs to McCain, #15 Exhibit 2 - McCain's Responses and Objections to Simplot's Fourth Set of RFPs, #16 Exhibit 3 - Simplot's First Set of Interrogatories to Elea, #17 Exhibit 5 - Third Party Defendants' First Supplement Initial Disclosures and ESI Disclosures, #18 Exhibit 6 - Simplot's Proposed Search Terms for ESI Discovery With Third-Party Defendants, #19 Exhibit 7 - Third Party Defendants' Objections and Responses to Simplot's List of ESI Search Terms and Custodians)(Buroker, Brian)
September 30, 2020 Opinion or Order Filing 197 MOTION to Seal Brian M Buroker appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 10/21/2020 (Attachments: #1 Memorandum in Support of Motion to Seal (Re Motion for Issuance of Letters of Request to Germany))(Buroker, Brian)
September 18, 2020 Opinion or Order Filing 196 MEMORANDUM in Opposition re #193 MOTION to Amend/Correct #113 Third Party Complaint filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 10/2/2020.(Dixon, Bradley)
September 14, 2020 Opinion or Order Filing 195 Letter from the French Republic. (jd)
August 28, 2020 Opinion or Order Filing 194 Sealed Document Re: #193 MOTION to Amend/Correct #113 Third Party Complaint . (Attachments: #1 Exhibit Sealed Ex. A to Stott Decl. - Elea's Responses to Simplot's First Set of Interrogatories (Nos. 1-18), #2 Exhibit Sealed Ex. B to Stott Decl. ELEA00011003-07, #3 Exhibit Sealed Ex. C to Stott Decl. - ELEA00003042-43, #4 Exhibit Sealed Ex. E1 to Stott Decl. - ELEA00002243-47, #5 Exhibit Sealed Ex. E2 to Stott Decl. - ELEA00002580-81, #6 Exhibit Sealed Ex. F1 to Stott Decl. - SIMP_ID_012882-83, #7 Exhibit Sealed Ex. F2 to Stott Decl. - SIMP_ID_013902-03, #8 Exhibit Sealed Ex. F3 to Stott Decl. - SIMP_ID_013917-18)(Herberholz, Dana)
August 28, 2020 Opinion or Order Filing 193 MOTION to Amend/Correct #113 Third Party Complaint Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 9/18/2020 (Attachments: #1 Exhibit A - Proposed First Amended Third-Party Complaint with exhibits, #2 Exhibit B - Redline, #3 Memorandum in Support REDACTED Memorandum in Support, #4 Affidavit Declaration of Jordan L. Stott in Support of J.R. Simplot Companys Motion for Leave to Amend Third-Party Complaint, #5 Exhibit D - Third Party Defendants' Objections and Responses to Simplot's Proposed ESI Search Terms)(Herberholz, Dana)
August 28, 2020 Opinion or Order Filing 192 MOTION to Seal Document Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 9/18/2020 (Attachments: #1 Memorandum in Support of J.R. Simplot Companys Motion to Seal)(Herberholz, Dana)
July 30, 2020 Opinion or Order Filing 191 Sealed Document Re: #190 Response to Motion,. (Dixon, Bradley)
July 30, 2020 Opinion or Order Filing 190 RESPONSE to Motion re #188 MOTION for Leave to File Sur-Reply to Third-Party Defendants' Sealed Reply in Support of Sealed Joinder filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Replies due by 8/13/2020. (Attachments: #1 Exhibit 1 - Redacted Proposed Sur-Sur Reply, #2 Exhibit 2 - Declaration of Kenneth J. Sheehan, #3 Motion to Seal, #4 Memorandum in Support of Motion to Seal)(Dixon, Bradley)
July 14, 2020 Opinion or Order Filing 189 ORDER - Simplot recently notified the Court of a typographical error in its Letter of Request directed to Adeline Goullieuxs (Dkt. 163-1). The Court issues the following corrected letter (attached). Signed by Judge David C. Nye. (Attachments: #1 Second Amended Letter)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
July 9, 2020 Opinion or Order Filing 188 MOTION for Leave to File Sur-Reply to Third-Party Defendants' Sealed Reply in Support of Sealed Joinder Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 7/30/2020 (Attachments: #1 Exhibit 1 - (Proposed) J.R. Simplot Company's Sur-Reply to Third-Party Defendants' Sealed Reply in Support of Sealed Joinder)(Herberholz, Dana)
July 7, 2020 Opinion or Order Filing 187 Letter from the French Republic. (jd)
June 26, 2020 Opinion or Order Filing 186 SEALED REPLY to Response to Motion re #165 SEALED MOTION to Compel Production of Documents and Things filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 6/29/2020. (Attachments: #1 Affidavit of Stefan Topfl, #2 Exhibit 1 to Declaration of Michael E. Anderson, #3 Exhibit 2 to Declaration of Michael E. Anderson, #4 Exhibit 3 to Declaration of Michael E. Anderson, #5 Exhibit 4 to Declaration of Michael E. Anderson, #6 Exhibit 6 to Declaration of Michael E. Anderson)(Dixon, Bradley)
June 26, 2020 Opinion or Order Filing 185 REPLY to Response to Motion re #165 SEALED MOTION to Compel Production of Documents and Things filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 6/29/2020. (Attachments: #1 Affidavit of Michael E. Anderson, #2 Motion to Seal, #3 Memorandum in Support of Third-Party Defendants' Motion to Seal)(Dixon, Bradley)
June 26, 2020 Opinion or Order Filing 184 REPLY to Response to Motion re #165 SEALED MOTION to Compel Production of Documents and Things filed by McCain Foods USA, Inc..Motion Ripe Deadline set for 6/29/2020.(Evans, John)
June 26, 2020 Opinion or Order Filing 183 Sealed Document Re: #182 Declaration. (Evans, John)
June 26, 2020 Opinion or Order Filing 182 DECLARATION of John C. Evans re #181 Sealed Reply to Response to Motion filed by McCain Foods USA, Inc. . (Evans, John)
June 26, 2020 Opinion or Order Filing 181 SEALED REPLY to Response to Motion re #165 SEALED MOTION to Compel Production of Documents and Things filed by McCain Foods USA, Inc..Motion Ripe Deadline set for 6/29/2020.(Evans, John)
June 26, 2020 Opinion or Order Filing 180 MOTION to Seal Portions of McCain's Reply In Support of its Motion to Compel Production of Documents and Things and exhibits to the Second Declaration of John C. Evans John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 7/17/2020 (Attachments: #1 Memorandum in Support of Motion to File Under Seal, #2 Exhibit Proposed Order)(Evans, John)
June 12, 2020 Opinion or Order Filing 179 RESPONSE to Motion re #165 SEALED MOTION to Compel Production of Documents and Things REDACTED J.R. Simplot Company's Opposition to McCain's Sealed Motion to Compel Production of Documents and Things filed by J.R. Simplot Company. Replies due by 6/26/2020.(Herberholz, Dana)
June 12, 2020 Opinion or Order Filing 178 RESPONSE re #173 Sealed Document filed by J.R. Simplot Company J.R. Simplot Company's Opposition to Third-Party Defendants' Sealed Joinder in McCain's Sealed Motion to Compel. (Herberholz, Dana)
June 12, 2020 Opinion or Order Filing 177 Sealed Document Re: #176 Declaration,,,,. (Herberholz, Dana)
June 12, 2020 Opinion or Order Filing 176 DECLARATION of Jordan L. Stott re #175 Sealed Document filed by J.R. Simplot Company . (Attachments: #1 Exhibit A - McCain Search Terms From 2.5.2019 Letter, #2 Exhibit B - Email Exchanges Re Updated ESI Results, #3 Exhibit C - Email Exchanges Re Search Terms, #4 Exhibit D - Simplot's ESI Search Terms, #5 Exhibit E1 - McCain's Unique Hit Results - December 10, 2018, #6 Exhibit E2 - 2.11.19 Letter from John Evans, #7 Exhibit F - 2.27.20 Letter to Bennett Briggs Re Simplot's Discovery Mediation Position Statement, #8 Exhibit G - Email Exchange Re Discovery, #9 Exhibit H - 2.13.20 Letter to Bennett Briggs Re Simplot's Discovery Mediation Position Statement, #10 Exhibit I - McCain Foods USA, Inc. and McCain Foods Limited's First Notice of Rule 30(b)(6) Deposition to Simplot, #11 Exhibit K - J.R. Simplot Company's Responses to Eleas First Set of Interrogatories (Nos. 1-15), #12 Exhibit L - Briggs Email Re Discovery Dispute)(Herberholz, Dana)
June 12, 2020 Opinion or Order Filing 175 Sealed Document Re: #165 SEALED MOTION to Compel Production of Documents and Things. (Herberholz, Dana)
June 12, 2020 Opinion or Order Filing 174 MOTION to Seal Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 7/6/2020 (Attachments: #1 Memorandum in Support of J.R. Simplot Company's Motion to Seal)(Herberholz, Dana)
May 22, 2020 Opinion or Order Filing 173 Sealed Document Re: #165 SEALED MOTION to Compel Production of Documents and Things. (Attachments: #1 Exhibit 2 to Declaration of Michael Anderson, #2 Exhibit 3 to Declaration of Michael Anderson)(Dixon, Bradley)
May 22, 2020 Opinion or Order Filing 172 JOINDER by Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC joining #165 SEALED MOTION to Compel Production of Documents and Things . (Attachments: #1 Affidavit of Michael E. Anderson, #2 Motion to Seal, #3 Memorandum in Support of Motion to Seal)(Dixon, Bradley)
May 18, 2020 Opinion or Order Set/Reset Deadlines as to #165 SEALED MOTION to Compel Production of Documents and Things.( Responses due by 6/12/2020, Replies due by 6/26/2020.), Set Deadlines/Hearings: ( Third party brief joining motion set for 5/22/2020.) (jd)
May 15, 2020 Opinion or Order Filing 171 DOCKET ENTRY ORDER. Pursuant to informal communications between the Court and Counsel, the following shall apply to the briefing on McCain's Motion to Compel (Dkt. #165 ). Third Party Defendants' brief joining the Motion is due on or before May 22, 2020. Simplot's response to both briefs is due on or before June 12, 2020, and shall not exceed 30 pages. McCain and Third Party Defendants' replies shall be due on or before June 26, 2020. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
May 12, 2020 Opinion or Order Filing 170 DOCKET ENTRY ORDER. The parties have jointly filed an amended protective order. Dkt. 169. The Court has reviewed the same and APPROVES. The Second Amended Protective Order shall govern moving forward. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
May 8, 2020 Opinion or Order Filing 169 STIPULATION Joint Stipulation to Entry of Second Amended Protective Order by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. (Dixon, Bradley)
April 29, 2020 Opinion or Order Filing 168 REDACTION to #165 SEALED MOTION to Compel Production of Documents and Things by McCain Foods USA, Inc.. (Evans, John)
April 29, 2020 Opinion or Order Filing 167 Sealed Document Re: #166 Declaration,. (Evans, John)
April 29, 2020 Opinion or Order Filing 166 DECLARATION of John C. Evans re #165 SEALED MOTION to Compel Production of Documents and Things filed by McCain Foods USA, Inc. . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Evans, John)
April 29, 2020 Opinion or Order Filing 165 SEALED MOTION to Compel Production of Documents and Things John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 5/20/2020 (Evans, John)
April 29, 2020 Opinion or Order Filing 164 MOTION to Seal Portions of McCains Motion to Compel and Certain Exhibits John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 5/20/2020 (Attachments: #1 Memorandum in Support, #2 Exhibit Proposed Order)(Evans, John)
April 28, 2020 Opinion or Order Filing 163 ORDER - The Court now issues amended Letters of Request for Simplots use in France. Signed by Judge David C. Nye. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
April 22, 2020 Opinion or Order Filing 162 DOCKET ENTRY ORDER approving #161 Motion for Pro Hac Vice Appearance of attorney Vladimir J. Semendyai for J.R. Simplot Company Per Local Rule 83.4(e), out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
April 21, 2020 Opinion or Order Filing 161 MOTION FOR PRO HAC VICE APPEARANCE by Vladimir J. Semendyai. ( Filing fee $ 250 receipt number 0976-2039234.)Dana M Herberholz appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 5/12/2020 (Herberholz, Dana)
April 10, 2020 Opinion or Order Filing 160 STIPULATION Regarding Amended Discovery Deadlines by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. (Dixon, Bradley)
March 10, 2020 Opinion or Order Filing 159 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Settlement Conference held on 3/10/2020. Counsel/parties appeared and negotiated under the Court's direction and supervision. Case Not Settled. Time in Court 9:30 AM-3:30 PM. (Hearing not recorded.) (at)
March 3, 2020 Opinion or Order Filing 158 Docket Text Minute Entry for proceedings held before Judge Candy W. Dale: Appearance by Dana Herberholz, Brian Buroker, and Jordan Stott for the Plaintiff; Meredith Wilkes, David Cochran, and John Evans for the Defendant; Kenneth Sheehan and Bradley Dixon for 3rd Party Defendants. Telephonic Status Conference held on 3/3/2020. Court and counsel discussed settlement conference procedure and other preliminary matters. Time in Court 11:35 AM-12:05 PM. (Hearing not recorded.) (at)
February 20, 2020 Opinion or Order Filing 157 MEMORANDUM DECISION AND ORDER - Simplots Motion to Amend/Correct Invalidity Contentions (Dkt. #103 ) is GRANTED. Simplots Motion for Judgment on the Pleadings (Dkt. #104 ) is DENIED. Simplots Motion for Issuance of Letters of Request to the Central Authority of France (Dkt. #122 ) is GRANTED. The Court will issue the Letters concurrently herewith. Third-Party Defendants Motion to Sever and Stay (Dkt. #134 ) is DENIED as it relates to staying discovery until a decision is reached on infringement. The Court WITHHOLDS RULING on the issue of severance until closer to trial. The Court is aware of the upcoming settlement conference in this matter. To minimize pre-settlement expenses and distractions, discovery on Third-Party Defendants claims and defenses will begin on April 1, 2020. Third-Party Defendants responses to previously served discovery requests shall be due 21 days after that (i.e. on or before April 22, 2020). Signed by Judge David C. Nye. (Attachments: #1 Attachment 1, #2 Attachment 2, #3 Attachment 3, #4 Attachment 4, #5 Attachment 5)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 6, 2020 Opinion or Order Filing 156 ORDER - A settlement conference is set to take place on March 10, 2020 at 9:30 a.m. at the United States Courthouse in Boise before United States Magistrate Judge Candy W. Dale. Each party must prepare a response to the questionnaire and submit it to Judge Dales chambers for in camera review no later than February 28, 2020. Telephonic Status Conference: Judge Dale will conduct a telephonic status conference with the parties on March 3, 2020 at 11:30 a.m. mountain time for the purpose of discussing settlement conference procedure and other preliminary matters. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
February 5, 2020 Opinion or Order Filing 155 DOCKET ENTRY ORDER, IT IS HEREBY ORDERED THAT this matter is referred to U.S. Magistrate Judge Candy W. Dale for the purpose of conducting a settlement conference. Signed by Judge David C. Nye. Associated Cases: 1:16-cv-00449-DCN, 1:17-cv-00350-DCN(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ed)
January 7, 2020 Opinion or Order Filing 154 Redaction of #152 Transcript, Motion Hearing held on December 18, 2019. (kt)
January 3, 2020 Opinion or Order Filing 153 Transcript Redaction Request by attorney Jordan Lee Stott. (Stott, Jordan)
December 23, 2019 Opinion or Order Filing 152 Notice of Filing of Official Transcript of Proceedings held on 12/18/19 before Judge David C. Nye. Court Reporter/Transcriber Tamara I. Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction. Redaction Request due 1/13/2020. Redacted Transcript Deadline set for 1/23/2020. Release of Transcript Restriction set for 3/23/2020. (th) Modified on 1/9/2020, see redacted transcript Dkt. 154 this should remain sealed (jd).
December 18, 2019 Opinion or Order Filing 151 Minute Entry for proceedings held before Judge David C. Nye: Motion Hearing held on 12/18/2019 #134 MOTION to Sever and Stay Simplot's Indemnity Claims filed by Food Physics LLC, Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, #104 MOTION for Judgment on the Pleadings filed by J.R. Simplot Company, #103 MOTION to Amend/Correct J.R. Simplot Company's Motion to Amend Invalidity Contentions filed by J.R. Simplot Company, and #122 MOTION for Issuance of Letters of Request to the Central Authority of France filed by J.R. Simplot Company. (Court Reporter: Tammy Hohenleitner.) (st)
December 16, 2019 Opinion or Order Filing 150 DOCKET ENTRY ORDER approving #149 Motion for Pro Hac Vice Appearance of attorney Susan M. Gerber for McCain Foods USA, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
December 13, 2019 Opinion or Order Filing 149 MOTION FOR PRO HAC VICE APPEARANCE by Susan M. Gerber. ( Filing fee $ 250 receipt number 0976-1983947.)Michael G Brady appearing for Defendant McCain Foods USA, Inc.. Responses due by 1/3/2020 (Brady, Michael)
December 13, 2019 Opinion or Order Filing 148 REPLY to Response to Motion re #134 MOTION to Sever and Stay Simplot's Indemnity Claims filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 12/16/2019.(Dixon, Bradley)
December 9, 2019 Opinion or Order Filing 147 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE (Dkt. #146 ) - IT IS HEREBY ORDERED that the Motion is GRANTED in all respects. Third Party Defendants shall have up to and including December 13, 2019, to file a reply in support of Third-Party Defendants Motion to Sever and Stay Indemnity Claims. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
December 6, 2019 Opinion or Order Filing 146 MOTION for Extension of Time to File Response/Reply -- Unopposed -- Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 12/27/2019 (Dixon, Bradley)
November 27, 2019 Opinion or Order Filing 145 RESPONSE to Motion re #134 MOTION to Sever and Stay Simplot's Indemnity Claims filed by J.R. Simplot Company. Replies due by 12/11/2019. (Attachments: #1 Affidavit Declaration of Franca Curulli, #2 Exhibit A - Email exchanges, #3 Affidavit Declaration of James Englar, #4 Exhibit A - January 21, 2013 Contract, #5 Exhibit B - January 16, 2017 Contract, #6 Affidavit Declaration of Vid Mohan-Ram, Ph.D., J.D., #7 Exhibit A - February 24, 2017 Email, #8 Exhibit B - October 26, 2017 Email, #9 Exhibit C - November 2, 2017 Demand Email With Attachments_Part1, #10 Exhibit C - November 2, 2017 Demand Email With Attachments_Part2, #11 Exhibit D - January 2019 Email Exchanges, #12 Affidavit Declaration of Dana M. Herberholz, #13 Exhibit A - January 7, 2019 Demand Letter, #14 Exhibit B - October 21, 2019 Email)(Herberholz, Dana)
November 25, 2019 Opinion or Order Filing 144 MEMORANDUM DECISION AND ORDER - Third-Party Defendants Motion for Protective Order (Dkt. #136 ) is GRANTED. The Court temporarily stays discovery related to Simplots third-party claims pending the resolution of Third-Party Defendants Motion to Sever and Stay. Additionally, Third-Party Defendants shall not be required to respond to Simplots outstanding discovery requests until otherwise ordered. Signed by Judge David C. Nye. (jd)
November 25, 2019 Opinion or Order Filing 143 NOTICE by J.R. Simplot Company re #104 MOTION for Judgment on the Pleadings Notice of Supplemental Authority (Attachments: #1 Exhibit A - American Axle & Manufacturing Inc. v. Neapco Holdings LLC)(Buroker, Brian)
November 21, 2019 Opinion or Order Filing 142 DOCKET ENTRY ORDER. Pending before the Court is Plaintiff J.R. Simplot's Motion for Extension to File Response (Dkt. #141 ). The motion is unopposed. Accordingly, the same is hereby GRANTED. Simplot's response to third-party defendants' Motion to Sever/Stay is due on or before November 29, 2019. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 20, 2019 Opinion or Order Filing 141 Joint MOTION for Extension of Time to File Response/Reply as to #134 MOTION to Sever and Stay Simplot's Indemnity Claims Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 12/11/2019 (Herberholz, Dana)
November 19, 2019 Opinion or Order Filing 140 DOCKET ENTRY NOTICE of Hearing: A Hearing on the #103 MOTION to Amend/Correct J.R. Simplot Company's Motion to Amend Invalidity Contentions; #134 MOTION to Sever and Stay Simplot's Indemnity Claims; #122 MOTION for Issuance of Letters of Request to the Central Authority of France; and #104 MOTION for Judgment on the Pleadings is set for 12/18/2019 at 02:00 PM in Boise - Courtroom 2 before Judge David C. Nye. (ab)
November 15, 2019 Opinion or Order Filing 139 REPLY to Response to Motion re #136 MOTION for Protective Order filed by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.Motion Ripe Deadline set for 11/18/2019.(Dixon, Bradley)
November 13, 2019 Opinion or Order Filing 138 RESPONSE to Motion re #136 MOTION for Protective Order filed by J.R. Simplot Company. Replies due by 11/27/2019. (Attachments: #1 Affidavit Declaration of Christopher Cuneo, #2 Exhibit A - Email Exchange)(Cuneo, Christopher)
November 12, 2019 Opinion or Order Set/Reset Deadlines as to #136 MOTION for Protective Order . Responses due by 11/13/2019 Replies due by 11/15/2019. (jd)
November 8, 2019 Opinion or Order Filing 137 DOCKET ENTRY ORDER. Pending before the Court is Third Party Defendants' Motion for Protective Order (Dkt. #136 ). Any party wishing to respond shall file said response on or before November 13, 2019. Third Party Defendants' reply, if any, will be due on or before November 15, 2019. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 8, 2019 Opinion or Order Filing 136 MOTION for Protective Order Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 11/29/2019 (Attachments: #1 Memorandum in Support, #2 Declaration of Bradley J. Dixon)(Dixon, Bradley)
November 7, 2019 Opinion or Order Filing 135 DOCKET ENTRY ORDER. Pending before the Court is Spencer Ririe's Motion to Withdraw as Counsel of record. Dkt. #126 . Good cause appearing, the same is hereby GRANTED. Mr. Ririe may withdraw as Counsel for Simplot. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
November 1, 2019 Opinion or Order Filing 134 MOTION to Sever and Stay Simplot's Indemnity Claims Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 11/22/2019 (Attachments: #1 Memorandum in Support, #2 Declaration of Stefan Topfl, #3 Declaration of Nick Speakman)(Dixon, Bradley)
October 8, 2019 Opinion or Order Filing 133 DOCKET ENTRY ORDER approving #131 Motion for Pro Hac Vice Appearance of attorney Michael E. Anderson and Kenneth J. Sheehan for Elea Vertriebs-und-Vermarktungsgesellschaft, mbH and for Food Physics LLC Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (Notice sent to CM/ECF Registration Clerk). Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
October 7, 2019 Opinion or Order Filing 132 MOTION FOR PRO HAC VICE APPEARANCE by Kenneth J. Sheehan. ( Filing fee $ 250 receipt number 0976-1950042.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 10/28/2019 (Dixon, Bradley)
October 7, 2019 Opinion or Order Filing 131 MOTION FOR PRO HAC VICE APPEARANCE by Michael E. Anderson. ( Filing fee $ 250 receipt number 0976-1950021.)Bradley J Dixon appearing for Third Party Defendants Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. Responses due by 10/28/2019 (Dixon, Bradley)
October 7, 2019 Opinion or Order Filing 130 Corporate Disclosure Statement by Food Physics LLC. (Dixon, Bradley)
October 7, 2019 Opinion or Order Filing 129 Corporate Disclosure Statement by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH. (Dixon, Bradley)
October 7, 2019 Opinion or Order Filing 128 Third-Party Defendants' ANSWER to #113 Third Party Complaint by Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC.(Dixon, Bradley)
September 27, 2019 Opinion or Order Filing 127 REPLY to Response to Motion re #122 MOTION for Issuance of Letters of Request to the Central Authority of France filed by J.R. Simplot Company.Motion Ripe Deadline set for 9/30/2019. (Attachments: #1 Exhibit A - McCain Foods Limited's Rule 26(a)(1) Disclosures)(Buroker, Brian)
September 16, 2019 Opinion or Order Filing 126 MOTION to Withdraw as Attorney. Request to Turn Electronic Noticing OFF (no longer receive NEFs in this case only) by AttorneySpencer W Ririe appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 10/7/2019 (Ririe, Spencer)
September 16, 2019 Opinion or Order Filing 125 ORDER GRANTING JOINT MOTION TO ENTER AMENDED CASE SCHEDULE (Dkt. #124 ) Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd)
September 16, 2019 Opinion or Order Filing 124 Joint MOTION Amend Case Schedule Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 10/7/2019 (Attachments: #1 Exhibit A - Proposed Order Granting Joint Motion to Enter Amended Case Schedule)(Wilkes, Meredith)
September 16, 2019 Opinion or Order Set Deadlines/Hearings: Close of Fact Discovery due by 4/3/2020. Dispositive Motions and Daubert Motion due by 8/7/2020. Per order dated 9/16/2019.(jd)
September 13, 2019 Opinion or Order Filing 123 MEMORANDUM in Opposition re #122 MOTION for Issuance of Letters of Request to the Central Authority of France filed by McCain Foods Limited. Replies due by 9/27/2019.(Wilkes, Meredith)
August 23, 2019 Opinion or Order Filing 122 MOTION for Issuance of Letters of Request to the Central Authority of France Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company, ThirdParty Plaintiff J.R. Simplot Company. Responses due by 9/13/2019 (Attachments: #1 Appendix A (Jean-Franois Cousin), #2 Exhibit A1 - RFPs for Jean-Franois Cousin, #3 Exhibit A2 - Depo Topics for Jean Franois Cousin, #4 Appendix B (Jean-Pierre Pain), #5 Exhibit B1 - RFPs for Jean Pierre Pain, #6 Exhibit B2 - Depo Topics for Jean Pierre Pain, #7 Appendix C (Adeline Goullieux), #8 Exhibit C1 - RFPs for Adeline Goullieux, #9 Exhibit C2 - Depo Topics for Adeline Goullieux, #10 Appendix D (Univ of Tech of Compiegne), #11 Exhibit D1 - RFPs for Univ of Tech of Compiegne, #12 Exhibit D2 - Depo Topics for Univ of Tech of Compiegne, #13 Appendix E (Polytechnic University), #14 Exhibit E1 - RFPs for Polytechnic University, #15 Exhibit E2 - Depo Topics for Polytechnic University, #16 Affidavit of Christopher Cuneo, #17 Exhibit 1 - J.R. Simplot Companys Fourth Set of Requests for Production of Documents and Things to McCain, #18 Exhibit 2 - McCain Foods USA, Inc. and McCain Foods Limited's Responses and Objections to J.R. Simplot Company, #19 Exhibit 3 - 6.18.19 Cuneo Email)(Cuneo, Christopher)
August 1, 2019 Opinion or Order Filing 121 ORDER Granting Stipulation for Extension of Time to Answer or Otherwise Respond to the Third-Party Complaint, re #120 Stipulation filed by Food Physics LLC. Third-Party Defendant Food Physics, LLC has until 10/7/19 to answer or otherwise respond to Third-Party Plaintiff J.R. Simplot Company's Third-PartyComplaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
July 30, 2019 Opinion or Order Filing 120 STIPULATION re #113 Third Party Complaint for Extension of Time to Answer or Otherwise Respond by Food Physics LLC. (Dixon, Bradley)
July 30, 2019 Opinion or Order Filing 119 SUMMONS Returned Executed by J.R. Simplot Company. Food Physics LLC served on 7/10/2019, answer due 7/31/2019. (Herberholz, Dana)
July 30, 2019 Opinion or Order Filing 118 WAIVER OF SERVICE Returned Executed by J.R. Simplot Company. Elea Vertriebs-und-Vermarktungsgesellschaft, mbH waiver sent on 7/9/2019, answer due 10/7/2019. (Herberholz, Dana)
July 23, 2019 Opinion or Order Filing 117 ORDER. McCain's Motion for Leave to Amend Infringement Contentions (Dkt. #102 ) is GRANTED. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ckh)
July 9, 2019 Opinion or Order Filing 116 DOCKET ENTRY ORDER. Pursuant to the Court's Memorandum Decision and Order (Dkt. #112 ), Simplot filed an Amended Protective Order (Dkt. [114-1]). That order is hereby adopted and entered in full force and effect in this case. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
July 9, 2019 Opinion or Order Filing 115 Summons Issued as to Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC. (Print attached Summons for service.) (Attachments: #1 Summons)(jp)
July 8, 2019 Opinion or Order Filing 114 AMENDED PROTECTIVE ORDER by J.R. Simplot Company re #112 Order,, Set Deadlines/Hearings,, Terminate Motions, (Attachments: #1 Exhibit 1 - Amended Protective Order)(Herberholz, Dana) Modified on 7/10/2019 to link to dkt 116, the Order adopting this Amended Protective Order (jp).
July 8, 2019 Opinion or Order Filing 113 THIRD PARTY COMPLAINT against Elea Vertriebs-und-Vermarktungsgesellschaft, mbH, Food Physics LLC, filed by J.R. Simplot Company.(Herberholz, Dana)
July 1, 2019 Opinion or Order Filing 112 MEMORANDUM DECISION AND ORDER. Simplots Motion for Leave to File Third-Party Complaint (Dkt. #88 ) is GRANTED. Simplot shall file its Third-Party Complaint within seven (7) days of the date of this order. McCains Motion to Compel (Dkt. #93 ) is GRANTED in PART and DENIED in PART. Simplots Motion to Amend/Correct Protective Order (Dkt. #98 ) is GRANTED. Simplot shall file the Amended Protective Order (Dkt. 98-1) within seven (7) days of the date of this order. Signed by Judge David C. Nye. (km)
June 27, 2019 Opinion or Order Filing 111 NOTICE by J.R. Simplot Company Request for Judicial Notice (Attachments: #1 Exhibit 1 - Canada Order)(Buroker, Brian)
June 27, 2019 Opinion or Order Filing 110 REPLY to Response to Motion re #103 MOTION to Amend/Correct J.R. Simplot Company's Motion to Amend Invalidity Contentions filed by J.R. Simplot Company.Motion Ripe Deadline set for 6/28/2019.(Buroker, Brian)
June 27, 2019 Opinion or Order Filing 109 REPLY to Response to Motion re #104 MOTION for Judgment on the Pleadings filed by J.R. Simplot Company.Motion Ripe Deadline set for 6/28/2019.(Buroker, Brian)
June 13, 2019 Opinion or Order Filing 108 REPLY to Response to Motion re #102 MOTION to Amend/Correct Infringement Contentions filed by McCain Foods Limited.Motion Ripe Deadline set for 6/14/2019.(Wilkes, Meredith)
June 13, 2019 Opinion or Order Filing 107 MEMORANDUM in Opposition re #103 MOTION to Amend/Correct J.R. Simplot Company's Motion to Amend Invalidity Contentions filed by McCain Foods Limited. Replies due by 6/27/2019. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1, #3 Exhibit 2)(Wilkes, Meredith)
June 13, 2019 Opinion or Order Filing 106 MEMORANDUM in Opposition re #104 MOTION for Judgment on the Pleadings filed by McCain Foods Limited. Replies due by 6/27/2019. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Wilkes, Meredith)
June 7, 2019 Opinion or Order Filing 105 RESPONSE to Motion re #102 MOTION to Amend/Correct Infringement Contentions filed by J.R. Simplot Company. Replies due by 6/21/2019.(Buroker, Brian)
May 23, 2019 Opinion or Order Filing 104 MOTION for Judgment on the Pleadings Brian M Buroker appearing for Plaintiff J.R. Simplot Company. Responses due by 6/13/2019 (Attachments: #1 Memorandum in Support of Motion for Judgment on the Pleadings that Claims 1 and 4-6 of U.S. Patent No. 6,821,540 are Ineligible for Patenting and Claims 4-6 are Invalid, #2 Exhibit 1 - Exhibit A to Complaint (Dkt. 1-1), #3 Exhibit 2 - Complaint for Patent Infringement With Jury Demand (Dkt. 1))(Buroker, Brian)
May 23, 2019 Opinion or Order Filing 103 MOTION to Amend/Correct J.R. Simplot Company's Motion to Amend Invalidity Contentions Brian M Buroker appearing for Plaintiff J.R. Simplot Company. Responses due by 6/13/2019 (Attachments: #1 Memorandum in Support of J.R. Simplot Companys Motion to Amend Invalidity Contentions, #2 Affidavit Declaration of Jordan L. Stott, #3 Exhibit A - J.R. Simplot Company's Amended Invalidity Contentions)(Buroker, Brian)
May 17, 2019 Opinion or Order Filing 102 MOTION to Amend/Correct Infringement Contentions John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 6/7/2019 (Attachments: #1 Memorandum in Support, #2 Affidavit Declaration of John C. Evans, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Evans, John)
April 29, 2019 Opinion or Order Filing 101 REPLY to Response to Motion re #98 MOTION to Amend/Correct Protective Order filed by J.R. Simplot Company.Motion Ripe Deadline set for 4/30/2019. (Attachments: #1 Affidavit Declaration of Dana M. Herberholz in Support of Reply in Support of Motion to Enter Amended Protective Order, #2 Exhibit R - McCain's Responses to Simplot's 3rd Set of RFPs, #3 Exhibit S - McCain's Responses to Simplot's 4th Set of ROGS, #4 Exhibit T - McCain's 5th Set of ROGS to Simplot, #5 Exhibit U - McCain's 4th Set of RFPs to Simplot, #6 Exhibit V - Correspondence with counsel)(Buroker, Brian)
April 15, 2019 Opinion or Order Filing 100 MEMORANDUM in Opposition re #98 MOTION to Amend/Correct Protective Order filed by McCain Foods Limited. Replies due by 4/29/2019. (Attachments: #1 Affidavit Declaration of John C. Evans In Support of Opposition to Motion to Enter Amended Protective Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Wilkes, Meredith)
March 28, 2019 Opinion or Order Filing 99 REPLY to Response to Motion re #93 MOTION to Compel Production of Documents and Things filed by McCain Foods Limited.Motion Ripe Deadline set for 3/29/2019.(Wilkes, Meredith)
March 25, 2019 Opinion or Order Filing 98 MOTION to Amend/Correct Protective Order Brian M Buroker appearing for Plaintiff J.R. Simplot Company. Responses due by 4/15/2019 (Attachments: #1 Exhibit A - Proposed Amended Protective Order CLEAN, #2 Memorandum in Support of Motion to Enter Amended Protective Order, #3 Affidavit Declaration of Brent Moylan, #4 Affidavit Declaration of Dana M. Herberholz, #5 Exhibit A - Proposed Amended Protective Order (Redlined), #6 Exhibit B - 2018 Patent Litigation Study published by PwC, #7 Exhibit C - N.D. Cal. Model Patent Protective Order, #8 Exhibit D - E.D. Tex. Model Patent Protective Order, #9 Exhibit E - Protective Order for Ioengine, LLC v. Paypal Holdings, Inc., #10 Exhibit F - Protective Order for Bayer Healthcare Pharmaceuticals Inc. v. Teva Pharmaceuticals USA, Inc., #11 Exhibit G - Protective Order for Biomrieux, S.A. v. Hologic, Inc., #12 Exhibit H - Protective Order for Adverio Pharma GmbH v. Alembic Pharmaceuticals Ltd., #13 Exhibit I - N.D. Ill. Model Patent Protective Order, #14 Exhibit J - Protective Order for Andrulis Pharmaceuticals Corp. v. Celgene Corp., #15 Exhibit K - Protective Order for Dyson, Inc. v. Euro-pro Operating LLC, #16 Exhibit L - Simplots Discovery Mediation Position Paper, #17 Exhibit M - McCain's Discovery Mediation Position Paper, #18 Exhibit N - 02.18.19 Email, #19 Exhibit O - 02.19.19 Email, #20 Exhibit P - 02.20.19 Email, #21 Exhibit Q - D. Utah Model Patent Protective Order)(Buroker, Brian)
March 25, 2019 Opinion or Order Filing 97 RESPONSE to Motion re #93 MOTION to Compel filed by J.R. Simplot Company. Replies due by 4/8/2019.(Buroker, Brian)
March 20, 2019 Opinion or Order Filing 96 DOCKET ENTRY ORDER Approving #94 & #95 Applications for Pro Hac Vice Appearance of attorneys Brian M Buroker & Spencer W Ririe for J.R. Simplot Company. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
March 18, 2019 Opinion or Order Filing 95 MOTION FOR PRO HAC VICE APPEARANCE by Spencer W. Ririe. ( Filing fee $ 250 receipt number 0976-1862322.)Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 4/8/2019 (Herberholz, Dana)
March 15, 2019 Opinion or Order Filing 94 MOTION FOR PRO HAC VICE APPEARANCE by Brian M. Buroker. ( Filing fee $ 250 receipt number 0976-1861910.)Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 4/5/2019 (Herberholz, Dana)
March 4, 2019 Opinion or Order Filing 93 MOTION to Compel Meredith M Wilkes appearing for Plaintiff McCain Foods Limited. Responses due by 3/25/2019 (Attachments: #1 Memorandum in Support, #2 Affidavit of John C. Evans in support of motion to compel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18)(Wilkes, Meredith)
March 1, 2019 Opinion or Order Filing 92 DOCKET ENTRY ORDER. Pursuant to the stipulation filed by the parties in this case, Dkt. #89 , the same is hereby GRANTED. The deadlines outlined in the document shall govern this case moving forward. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
February 19, 2019 Opinion or Order Filing 91 REPLY to Response to Motion re #88 MOTION for Leave to File Third-Party Complaint Reply in Support of J.R. Simplot Company's Motion for Leave to File Third-Party Complaint filed by J.R. Simplot Company.Motion Ripe Deadline set for 2/20/2019.(Herberholz, Dana)
February 5, 2019 Opinion or Order Filing 90 MEMORANDUM in Opposition re #88 MOTION for Leave to File Third-Party Complaint filed by McCain Foods USA, Inc.. Replies due by 2/19/2019. (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1, #3 Exhibit 2)(Evans, John)
January 29, 2019 Opinion or Order Filing 89 Joint MOTION Entry of Agreed Case Schedule Meredith M Wilkes appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 2/19/2019 (Attachments: #1 Exhibit A - Order Granting Joint Motion to Enter Amended Stipulated Litigation Plan)(Wilkes, Meredith)
January 24, 2019 Opinion or Order Filing 88 MOTION for Leave to File Third-Party Complaint Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 2/14/2019 (Attachments: #1 Exhibit A - Proposed Third-Party Complaint, #2 Memorandum in Support of Motion for Leave to File Third-Party Complaint, #3 Affidavit Declaration of Dana M. Herberholz in Support of Motion for Leave to File Third-Party Complaint, #4 Exhibit A - Indemnity Complaint)(Herberholz, Dana)
January 23, 2019 Opinion or Order Filing 87 NOTICE of Substitution - Attorney Andrew Virel Wake terminated. (Wake, Andrew)
January 11, 2019 Opinion or Order Filing 86 MEMORANDUM DECISION & ORDER McCain's Motion to Reconsider (Dkt. #70 ) is GRANTED. "High Electric Field" - shall be defined as "an electric field strong enough to make the vegetable and/or fruit easier to cut." In light of this Decision, McCain's Motion for Leave to Amend (Dkt. #71 ) and Simplot's Motion for Partial Summary Judgment (Dkt. #77 ) are DEEMED MOOT. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
November 29, 2018 Opinion or Order Filing 85 ORDER McCain's Motion to Continue under Rule 56(d) (Dkt. #83 ) is GRANTED. When the Court rules on McCain's Motion to Reconsider and McCain's Motion to Amend/Correct, it will outline the remaining briefing schedule on Simplot's Motion for Partial Summary Judgment. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
October 25, 2018 Opinion or Order Filing 84 RESPONSE to Motion re #83 MOTION to Continue McCain's Rule 56(d) Motion for Continuance J.R. Simplot Companys Response to McCains Rule 56(d) Motion for Continuance filed by J.R. Simplot Company. Replies due by 11/8/2018.(Herberholz, Dana)
October 18, 2018 Opinion or Order Filing 83 MOTION to Continue McCain's Rule 56(d) Motion for Continuance John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 11/8/2018 (Attachments: #1 Affidavit Declaration Of John C. Evans In Support Of McCains Rule 56(d) Motion For Continuance)(Evans, John)
October 18, 2018 Opinion or Order Filing 82 REPLY to Response to Motion re #71 MOTION to Amend/Correct McCains Motion For Leave To Amend Its Infringement Contentions And Supporting Memorandum filed by McCain Foods USA, Inc..(Evans, John)
October 10, 2018 Opinion or Order Filing 81 ORDER. The Court hereby stays any discovery related to the 540 patent (including the PEF products information) pending the outcome of the Motion for Reconsideration. Discovery on the design patents will remain ongoing and the Court will extend the formal discovery deadline to close 180 days after the Court's ruling on the Motion for Reconsideration. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
October 5, 2018 Opinion or Order Filing 80 RESPONSE to Motion re #71 MOTION to Amend/Correct McCains Motion For Leave To Amend Its Infringement Contentions And Supporting Memorandum Response to McCains Motion for Leave to Amend Its Infringement Contentions filed by J.R. Simplot Company. Replies due by 10/19/2018. (Attachments: #1 Affidavit Declaration of Dana M. Herberholz in Support of J.R. Simplot Companys Response to McCains Motion for Leave to Amend Its Infringement Contentions, #2 Exhibit A - Plaintiff McCain Foods Limited's Disclosure of Asserted Claims and Infringement Contentions, #3 Exhibit B - Complaint for Patent Infringement With Jury Demand, #4 Exhibit C - Redacted J.R. Simplot Companys LPR 4.2 Exchange of Preliminary Claim Constructions and Extrinsic Evidence, #5 Exhibit D - McCain's Responses and Objections to Simplot's Second Set of Interrogatories, #6 Exhibit E - Elea Operating Conditions)(Herberholz, Dana)
October 4, 2018 Opinion or Order Filing 79 REPLY to Response to Motion re #70 MOTION for Reconsideration re #69 Memorandum Decision seeking partial reconsideration of the Court's claim construction order filed by McCain Foods USA, Inc.. (Attachments: #1 Affidavit Declaration of John C. Evans, #2 Exhibit 1 - Excerpts of Simplot's Expert Opinions in IPR2018-00314)(Evans, John)
October 4, 2018 Opinion or Order Filing 78 NOTICE by McCain Foods USA, Inc. of Supplemental Authority (Attachments: #1 Exhibit 1 - Denying Petitioner's Request for Rehearing)(Evans, John)
September 27, 2018 Opinion or Order Filing 77 MOTION for Summary Judgment Motion for Partial Summary Judgment of Noninfringement of 540 Patent Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 10/18/2018 (Attachments: #1 Memorandum in Support of Motion for Partial Summary Judgment of Noninfringement of 540 Patent, #2 Supplement Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment of Noninfringement of 540 Patent, #3 Affidavit Declaration of Dana M. Herberholz in Support of Motion for Partial Summary Judgment of Noninfringement of 540 Patent, #4 Exhibit A - Complaint for Patent Infringement With Jury Demand, N.D. Ill. Case No. 1-17-cv-01326, #5 Exhibit B - McCain Foods Limited's Disclosure of Asserted Claims and Infringement Contentions, #6 Exhibit C - US6821540, #7 Exhibit D - McCain's Responses and Objections to J.R. Simplot Company's Second Set of Interrogatories, #8 Affidavit Declaration of James Englar in Support of Motion for Partial Summary Judgment of Noninfringement of 540 Patent, #9 Exhibit A - Operating conditions for Elea HVP 80 kW system, #10 Exhibit B - Photographs, #11 Affidavit Declaration of Stefan Topfl in Support of Motion for Partial Summary Judgment of Noninfringement of 540 Patent, #12 Exhibit A - Operating conditions for Elea HVP 80 kW system, #13 Exhibit B - Operating conditions for Elea SmoothCut 10, 100 and 1000 systems)(Herberholz, Dana)
September 24, 2018 Opinion or Order CORRECTIVE ENTRY - Docket number #75 Redacted Document filed by J.R. Simplot Company was filed using the wrong event. The filing party shall re-submit their filing using the event Response to Motion located under civil events, motions and related filings, responses and replies.(st)
September 21, 2018 Opinion or Order Filing 76 ORDER GRANTING UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL granting #72 Motion to Seal Document. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
September 20, 2018 Opinion or Order Filing 75 REDACTION REDACTED COPY of J.R. Simplot Company's Response to McCain's Motion for Partial Reconsideration of the Court's Claim Construction Order by J.R. Simplot Company. (Herberholz, Dana)
September 20, 2018 Opinion or Order Filing 74 DECLARATION of Dana M. Herberholz in Support of J.R. Simplot Companys Response to McCains Motion for Partial Reconsideration of the Courts Claim Construction Order re #73 Sealed Document, filed by J.R. Simplot Company . (Attachments: #1 Exhibit A - McCain's Infringement Contentions)(Herberholz, Dana)
September 20, 2018 Opinion or Order Filing 73 Sealed Document Re: #72 MOTION to Seal Document Unopposed Motion for Leave to File Under Seal, #70 MOTION for Reconsideration re #69 Memorandum Decision seeking partial reconsideration of the Court's claim construction order J.R. Simplot Company's Response to McCain's Motion for Partial Reconsideration of the Court's Claim Construction Order. (Herberholz, Dana)
September 20, 2018 Opinion or Order Filing 72 MOTION to Seal Document Unopposed Motion for Leave to File Under Seal Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 10/11/2018 (Attachments: #1 Memorandum in Support of Unopposed Motion for Leave to File Under Seal)(Herberholz, Dana)
September 14, 2018 Opinion or Order Filing 71 MOTION to Amend/Correct McCains Motion For Leave To Amend Its Infringement Contentions And Supporting Memorandum John C Evans appearing for Defendant McCain Foods USA, Inc.. Responses due by 10/5/2018 (Attachments: #1 Affidavit of John Evans, #2 Exhibit 1 - McCain Infringement Contentions, #3 Exhibit 2 - Clean DOE Contentions, #4 Exhibit 3 - Redline DOE Contentions, #5 Exhibit 4 - Evans Email to Herberholz Re DOE Considerations)(Evans, John)
August 30, 2018 Opinion or Order Filing 70 MOTION for Reconsideration re #69 Memorandum Decision seeking partial reconsideration of the Court's claim construction order Meredith M Wilkes appearing for Counter Defendant McCain Foods Limited. Responses due by 9/20/2018 (Attachments: #1 Affidavit, #2 Exhibit)(Wilkes, Meredith)
August 16, 2018 Opinion or Order Filing 69 MEMORANDUM DECISION AND ORDER - Signed by Judge David C. Nye. (Attachments: #1 Appendix - Sealed Portion)(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
July 19, 2018 Opinion or Order Filing 68 Notice of Filing of Official Transcript (cjs)
July 19, 2018 Opinion or Order Filing 67 Transcript of Proceedings held on 7/11/2018 (Claim Construction Hearing) before Judge David C. Nye. Court Reporter/Transcriber Katherine Eismann, Telephone number 208-478-8394. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed.. Redaction Request due 8/9/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/17/2018. (cjs)
July 19, 2018 Opinion or Order NOTICE TO COURT that counsel Slade D. Sokol wishes to no longer be noticed electronically on this case as of the date of this notice. Associated Cases: 1:16-cv-00449-DCN, 1:17-cv-00350-DCN(Shoemaker, Fredric)
July 19, 2018 Opinion or Order NOTICE TO COURT that counsel Fredric V. Shoemaker wishes to no longer be noticed electronically on this case as of the date of this notice. Associated Cases: 1:16-cv-00449-DCN, 1:17-cv-00350-DCN(Shoemaker, Fredric)
July 19, 2018 Opinion or Order NOTICE TO COURT that counsel Fredric V. Shoemaker wishes to no longer be noticed electronically on this case as of the date of this notice. (Shoemaker, Fredric)
July 17, 2018 Opinion or Order Filing 66 NOTICE by J.R. Simplot Company Joint Notice of Supplemental Markman Exhibits (Attachments: #1 Exhibit A - EUIPO Decision, #2 Exhibit B - PTAB Decision, #3 Exhibit C - EUIPO Receipt of Appeal)(Cuneo, Christopher)
July 11, 2018 Opinion or Order Filing 65 Minute Entry for proceedings held before Judge David C. Nye: Markman Hearing held on 7/11/2018. Matters are deemed UNDER ADVISEMENT and the Court will issue a Written Decision. (Court Reporter/ESR Katherine Eismann.) (paf)
July 6, 2018 Opinion or Order Filing 64 NOTICE of Substitution - Attorney Michael G Brady for McCain Foods Limited,Michael G Brady for McCain Foods Limited,Michael G Brady for McCain Foods USA, Inc. added. Attorney Fredric V Shoemaker and Slade Dean Sokol terminated. (Brady, Michael)
May 18, 2018 Opinion or Order Filing 63 REPLY filed by McCain Foods USA, Inc. Reply Claim Construction Brief Pursuant to LPR 4.5(c). (Attachments: #1 Affidavit Supplemental Declaration of John C. Evans, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 22, #12 Exhibit 23)(Sokol, Slade)
May 15, 2018 Opinion or Order Filing 62 ORDER GRANTING JOINT MOTION FOR LEAVE TO FILE UNDER SEAL. IT IS HEREBY ORDERED that the Joint Motion for Leave to File Under Seal (Dkt. #56 ) is GRANTED. Dockets #57 and #60 are filed under seal. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
May 4, 2018 Opinion or Order Filing 61 REDACTION to #57 Sealed Document REDACTED J.R. Simplot Companys L.P.R. 4-5 Responsive Claim Construction Brief by J.R. Simplot Company. (Herberholz, Dana)
May 4, 2018 Opinion or Order Filing 60 Sealed Document Re: #59 Declaration,, Exhibit G to Herberholz Declaration - Effects of the pretreatment applied on the potato tubers on their cutability. (Attachments: #1 Exhibit H - Use Of A High Electric Field On Potato Tubers Before Cutting, #2 Exhibit I - Electrical Pre-treatment of Potatoes Alternatives to Preheating)(Herberholz, Dana)
May 4, 2018 Opinion or Order Filing 59 DECLARATION of Dana M. Herberholz in Support of J.R. Simplot Company's L.P.R. 4-5 Responsive Claim Construction Brief re #57 Sealed Document filed by J.R. Simplot Company . (Attachments: #1 Exhibit A - Dutch PI judgement 12 September 2017 and translation, #2 Exhibit B - 036 File History, #3 Exhibit C - McCain's Interrogatory Responses, #4 Exhibit D - Plaintiff McCain Foods Limited's Disclosure of Asserted Claims and Infringement Contentions, #5 Exhibit E - Patent Owner Preliminary Response, #6 Exhibit F - Rastogi, #7 Exhibit J - EP File History, #8 Exhibit K - WO8302215A1 (Geren PCT))(Herberholz, Dana)
May 4, 2018 Opinion or Order Filing 58 DECLARATION of James Englar in Support of J.R. Simplot Company's L.P.R. 4-5 Responsive Claim Construction Brief re #57 Sealed Document filed by J.R. Simplot Company . (Attachments: #1 Exhibit A - Operating Conditions, #2 Exhibit B - HVP80 Operating Results)(Herberholz, Dana)
May 4, 2018 Opinion or Order Filing 57 Sealed Document J.R. Simplot Companys L.P.R. 4-5 Responsive Claim Construction Brief. (Herberholz, Dana)
May 4, 2018 Opinion or Order Filing 56 Joint MOTION to Seal Document Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 5/25/2018 (Attachments: #1 Memorandum in Support of Joint Motion for Leave to File Under Seal)(Herberholz, Dana)
April 18, 2018 Opinion or Order Filing 55 ORDER GRANTING JOINT MOTION TO EXTEND CLAIM CONSTRUCTION BRIEFING SCHEDULE re #54 Motion. IT IS HEREBY ORDERED that Simplot's deadline to file a Responsive Claim Construction Brief is extended from April 24, 2018 until May 4, 2018, and McCain's deadline to file a Reply Claim Construction Brief is extended from May 1, 2018 until May 18, 2018. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
April 17, 2018 Opinion or Order Filing 54 Joint MOTION for Extension of Time to File Response/Reply as to #53 Memorandum/Brief (generic), Christopher J Cuneo appearing for Plaintiff J.R. Simplot Company. Responses due by 5/8/2018 (Cuneo, Christopher)
April 10, 2018 Opinion or Order Filing 53 MEMORANDUM/BRIEF filed by McCain Foods USA, Inc. Opening Claim Construction Brief Pursuant to LPR 4.5(a). (Attachments: #1 Affidavit of John C. Evans, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12)(Sokol, Slade)
April 9, 2018 Opinion or Order Filing 52 DOCKET ENTRY NOTICE of Hearing: Markman Hearing set for 7/11/2018 at 10:00 AM in Boise - Courtroom 1 before Judge David C. Nye. (ab)
April 4, 2018 Opinion or Order Filing 51 MOTION to Withdraw by Mary Alexander Hyde of Jones Day Fredric V Shoemaker appearing for Plaintiff McCain Foods Limited, Counter Defendant McCain Foods Limited. Responses due by 4/25/2018 (Shoemaker, Fredric)
March 27, 2018 Opinion or Order Filing 50 NOTICE of Appearance by Jordan Lee Stott on behalf of J.R. Simplot Company (Stott, Jordan)
March 23, 2018 Opinion or Order Filing 49 DOCKET ENTRY ORDER approving #48 Motion for Pro Hac Vice Appearance of attorney David B Cochran for McCain Foods USA, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 27, 2018 Opinion or Order Filing 48 MOTION FOR PRO HAC VICE APPEARANCE by David B. Cochran. ( Filing fee $ 225 receipt number 0976-1704047.)Slade Dean Sokol appearing for Defendant McCain Foods USA, Inc.. Responses due by 3/20/2018 (Sokol, Slade)
February 27, 2018 Opinion or Order Filing 47 NOTICE by McCain Foods USA, Inc. Joint Claim Construction and Prehearing Statement Pursuant to LPR 4.3 (Attachments: #1 Affidavit Declaration of John C. Evans, #2 Exhibit 1, #3 Exhibit 2)(Sokol, Slade)
February 15, 2018 Opinion or Order Filing 46 ORDER GRANTING JOINT MOTION TO ENTER REVISED STIPULATED PROTECTIVE ORDER re #41 - IT IS HEREBY ORDERED that the parties Motion is GRANTED in all respects. IT IS FURTHER ORDERED that the Revised Stipulated Protective Order (Dkt. #41 -1) is hereby adopted and entered in full force and effect. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
February 15, 2018 Opinion or Order Filing 45 ORDER GRANTING JOINT MOTION TO ENTER AMENDMENT TO STIPULATED ORDER REGARDINGE-DISCOVERY re #43 - IT IS HEREBY ORDERED that the parties Motion is GRANTED in all respects. IT IS FURTHER ORDERED that the Revised Stipulated Protective Order (Dkt. #43 ) is hereby adopted and entered in full force and effect. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
February 15, 2018 Opinion or Order Filing 44 ORDER GRANTING JOINT MOTION TO ENTER AMENDED STIPULATED LITIGATION AND DISCOVERY PLAN re #42 - IT IS HEREBY ORDERED that the parties Motion is GRANTED in all respects. IT IS FURTHER ORDERED that the Revised Stipulated Protective Order (Dkt. #42 ) is hereby adopted and entered in full force and effect. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
February 12, 2018 Opinion or Order Filing 43 Joint MOTION to Enter Amendment to Stipulated Order Regarding E-Discovery Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 3/5/2018 (Attachments: #1 Exhibit A - Amendment to Stipulated Order Regarding E-Discovery)(Herberholz, Dana)
February 12, 2018 Opinion or Order Filing 42 Joint MOTION to Enter Amended Stipulated Litigation and Discovery Plan Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 3/5/2018 (Attachments: #1 Exhibit A - Amended Stipulated Litigation and Discovery Plan)(Herberholz, Dana)
February 12, 2018 Opinion or Order Filing 41 Joint MOTION for Protective Order Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 3/5/2018 (Attachments: #1 Exhibit A - Revised Stipulated Protective Order)(Herberholz, Dana)
November 9, 2017 Opinion or Order Filing 40 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: McCain's Motion to Consolidate Cases #29 in case #1:16-cv-00449-DCN is GRANTED. Case No. 1:17-cv-350-BLW, McCain Foods Limited v. J.R. Simplot Company, is hereby CONSOLIDATED with 1:16-cv-00449-DCN and REASSIGNED to Judge David C. Nye. All future filings shall be made only in Case No. 1:16-cv-449-DCN which is now the lead case. Signed by Judge David C. Nye. Associated Cases: 1:16-cv-00449-DCN, 1:17-cv-00350-DCN(caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
October 19, 2017 Opinion or Order Filing 39 REPLY to Response to Motion re #29 MOTION to Consolidate Cases filed by McCain Foods USA, Inc.. (Attachments: #1 Affidavit Declaration of M. Wilkes ISO Reply to Defendant McCain's Motion to Consolidate Related Case, #2 Exhibit Exhibit A)(Shoemaker, Fredric)
October 6, 2017 Opinion or Order Filing 38 MEMORANDUM in Opposition re #29 MOTION to Consolidate Cases Simplot's Response to Defendant Mccain Foods USA, Inc.s Motion to Consolidate filed by J.R. Simplot Company. Replies due by 10/20/2017. (Attachments: #1 Affidavit Declaration of Dana M. Herberholz in Support of Simplot's Response to Defendant McCain Foods USA, Inc.s Motion to Consolidate, #2 Exhibit A - YETI Coolers, LLC v. RTIC Coolers, LLC, #3 Exhibit B - Oralabs, Inc. v. The Kind Group LLC, #4 Exhibit C - Memorandum in Support of Simplot's Motion to Transfer, #5 Exhibit D - McCain's Brief in Opposition to Simplot's Motion to Transfer, #6 Exhibit E - Stipulated Litigation Plan (McCain v. Simplot, 1-17-cv-350-BLW))(Herberholz, Dana)
October 3, 2017 Opinion or Order Filing 37 ORDER GRANTING JOINT MOTION TO ENTER STIPULATED PROTECTIVE ORDER granting #36 Motion for Protective Order. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
October 2, 2017 Opinion or Order Filing 36 Joint MOTION for Protective Order Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 10/23/2017 (Attachments: #1 Exhibit Stipulated Protective Order)(Herberholz, Dana)
September 28, 2017 Opinion or Order Filing 35 DOCKET ENTRY ORDER approving #34 Motion for Pro Hac Vice Appearance of attorney John C Evans for McCain Foods USA, Inc.; approving #32 Motion for Pro Hac Vice Appearance of attorney Mary Alexander Hyde for McCain Foods USA, Inc.; approving #33 Motion for Pro Hac Vice Appearance of attorney Joshua R Nightingale for McCain Foods USA, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)(Placed in the mail on 9/29/2017.)
September 20, 2017 Opinion or Order Filing 34 MOTION FOR PRO HAC VICE APPEARANCE by Joshua R. Nightingale. ( Filing fee $ 225 receipt number 0976-1638073.)Fredric V Shoemaker appearing for Defendant McCain Foods USA, Inc.. Responses due by 10/11/2017 (Shoemaker, Fredric)
September 20, 2017 Opinion or Order Filing 33 MOTION FOR PRO HAC VICE APPEARANCE by Mary Alexander Hyde. ( Filing fee $ 225 receipt number 0976-1638068.)Fredric V Shoemaker appearing for Defendant McCain Foods USA, Inc.. Responses due by 10/11/2017 (Shoemaker, Fredric)
September 20, 2017 Opinion or Order Filing 32 MOTION FOR PRO HAC VICE APPEARANCE by John C. Evans. ( Filing fee $ 225 receipt number 0976-1638059.)Fredric V Shoemaker appearing for Defendant McCain Foods USA, Inc.. Responses due by 10/11/2017 (Shoemaker, Fredric)
September 19, 2017 Opinion or Order Filing 31 DOCKET ENTRY ORDER. Upon review, and good cause appearing, Simplot's Motion to Seal Document Declaration of Matthew Petersen (dkt. #22 ) is hereby GRANTED. Dkt #24 shall remain sealed until further notice. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (bb)
September 18, 2017 Opinion or Order Filing 30 MEMORANDUM DECISION AND ORDER. IT IS ORDERED: McCain's Motion for Partial Summary Judgment (dkt. #21 ) is DENIED WITHOUT PREJUDICE. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)
September 18, 2017 Opinion or Order Filing 29 MOTION to Consolidate Cases Slade Dean Sokol appearing for Defendant McCain Foods USA, Inc.. Responses due by 10/10/2017 (Attachments: #1 Memorandum in Support of Defendant McCain Foods USA, Inc.'s Motion to Consolidate Related Case, #2 Affidavit Declaration of Meredith M. Wilkes in Support of of Defendant McCain Foods USA, Inc.'s Motion to Consolidate Related Case)(Sokol, Slade)
August 29, 2017 Opinion or Order Filing 28 AMENDED CASE MANAGEMENT ORDER. IT IS ORDERED: The deadlines set in the Courts earlier CMO entered by Judge Winmill are hereby adopted by the undersigned Judge. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
August 11, 2017 Opinion or Order Filing 27 REPLY to Response to Motion re #21 MOTION for Partial Summary Judgment filed by McCain Foods USA, Inc..(Shoemaker, Fredric)
August 1, 2017 Opinion or Order Filing 26 DOCKET ENTRY ORDER - IT IS HEREBY ORDERED that this case is reassigned to the Honorable David C. Nye for all further proceedings. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
August 1, 2017 Opinion or Order DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge David C. Nye for all further proceedings. Judge B. Lynn Winmill no longer assigned to case. Please use this case number on all future pleadings, 1:16-cv-00449-DCN (jp)
July 28, 2017 Opinion or Order Filing 25 SUPPLEMENT by Plaintiff J.R. Simplot Company re #24 Sealed Document Exhibits to Sealed Declaration of Matthew Petersen. (Attachments: #1 Exhibit B-1 to Sealed Petersen Declaration - Simplot Sidewinders Advertising, #2 Exhibit B-2 to Sealed Petersen Declaration, #3 Exhibit C-1 to Sealed Petersen Declaration - McCain's Product Guide, #4 Exhibit C-2 to Sealed Petersen Declaration, #5 Exhibit C-3 to Sealed Petersen Declaration, #6 Exhibit C-4 to Sealed Petersen Declaration, #7 Exhibit D to Sealed Petersen Declaration - Golbon RFSs promotion page for McCain, #8 Exhibit E to Sealed Petersen Declaration - McCain Rebate Form)(Herberholz, Dana)
July 28, 2017 Opinion or Order Filing 24 Sealed Document Re: #23 Response to Motion,, Declaration of Matthew Petersen in Support of Plaintiff's Response to Defendant's Motion for Partial Summary Judgment. (Herberholz, Dana) Modified on 9/28/2017 Under Seal pursuant to Order Dkt. 31 (cjs).
July 28, 2017 Opinion or Order Filing 23 RESPONSE to Motion re #21 MOTION for Partial Summary Judgment filed by J.R. Simplot Company. Replies due by 8/11/2017. (Attachments: #1 Supplement Statement of Disputed and Other Facts in Response to Defendant's Motion for Partial Summary Judgment, #2 Affidavit Declaration of Dana M. Herberholz, #3 Exhibit A - McCain's Rule 26(a)(1) Disclosures, #4 Exhibit B - McCain's Responses and Objections to Simplot's First Interrogatories, #5 Exhibit C - McCain's Responses and Objections to Simplot's First Requests for Production, #6 Exhibit D - 6/5/17 Wilkes Email, #7 Exhibit E - Trademark 3,167,045)(Herberholz, Dana)
July 28, 2017 Opinion or Order Filing 22 MOTION to Seal Document Declaration of Matthew Petersen Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 8/18/2017 (Attachments: #1 Memorandum in Support of Plaintiff's Motion to Seal Declaration of Matthew Petersen)(Herberholz, Dana)
July 7, 2017 Opinion or Order Filing 21 MOTION for Partial Summary Judgment Fredric V Shoemaker appearing for Defendant McCain Foods USA, Inc.. Responses due by 7/28/2017 (Attachments: #1 Memorandum in Support, #2 Defendant's Statement of Undisputed Facts, #3 Declaration of Luc Marcoux, #4 Exhibit Exhibit A to Declaration, #5 Exhibit B to Declaration)(Shoemaker, Fredric)
April 13, 2017 Opinion or Order Set Deadlines/Hearings: Amended Complaint due by 6/14/2017. Discovery due by 6/1/2018. Joinder of Parties due by 6/14/2017. (Per Order, dkt #20)(st)
April 7, 2017 Opinion or Order Filing 20 DOCKET ENTRY ORDER The Stipulated Litigation and Discovery Plan #15 is APPROVED and entered as an Order of the Court. Those dates and deadlines shall govern this litigation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (dm)
April 7, 2017 Opinion or Order The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (st)
April 5, 2017 Opinion or Order Filing 19 Docket entry only - CONSENT to Magistrate Judge filed. (st)
March 14, 2017 Opinion or Order Filing 18 STIPULATED ORDER REGARDING E-DISCOVERY granting #16 Motion. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
March 14, 2017 Opinion or Order Filing 17 DOCKET ENTRY NOTICE OF VACATED HEARING - The Telephonic Scheduling Conference set for March 14, 2017 before Judge B. Lynn Winmill is VACATED. A Case Management Order is forthcoming. (jlb)
March 13, 2017 Opinion or Order Filing 16 Joint MOTION to Enter Stipulated Order Regarding E-Discovery Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 4/3/2017 (Attachments: #1 Exhibit A)(Herberholz, Dana)
March 7, 2017 Opinion or Order Filing 15 DISCOVERY PLAN by J.R. Simplot Company Stipulated Litigation and Discovery Plan. (Herberholz, Dana)
February 28, 2017 Opinion or Order Filing 14 DOCKET ENTRY ORDER approving #13 Motion for Pro Hac Vice Appearance of attorney Margaret N McGann for J.R. Simplot Company. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 27, 2017 Opinion or Order Filing 13 MOTION FOR PRO HAC VICE APPEARANCE by Margaret N. McGann. ( Filing fee $ 225 receipt number 0976-1553901.)Dana M Herberholz appearing for Plaintiff J.R. Simplot Company. Responses due by 3/20/2017 (Herberholz, Dana)
February 2, 2017 Opinion or Order Filing 12 LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE. On or before 3/7/2017, the parties must file with the Court the joint Litigation Plan and Discovery Plan. (Telephonic Scheduling Conference set for 3/14/2017 01:30 PM in Boise Chambers before Judge B. Lynn Winmill.). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 2, 2017 Opinion or Order Filing 11 Corporate Disclosure Statement by McCain Foods USA, Inc.. (Shoemaker, Fredric)
February 2, 2017 Opinion or Order Filing 10 DOCKET ENTRY ORDER approving #7 Motion for Pro Hac Vice Appearance of attorney Meredith M Wilkes for McCain Foods USA, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (st)
February 2, 2017 Opinion or Order Filing 9 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for J.R. Simplot Company and McCain Foods USA, Inc. re #8 Answer to Complaint and #1 Complaint. Consent/Objection to Magistrate due by 4/6/2017. (st)
January 26, 2017 Opinion or Order Filing 8 Defendant's ANSWER to #1 Complaint, Plaintiff's Amended Complaint by McCain Foods USA, Inc..(Shoemaker, Fredric)
January 26, 2017 Opinion or Order Filing 7 MOTION FOR PRO HAC VICE APPEARANCE by Meredith M. Wilkes. ( Filing fee $ 225 receipt number 0976-1542000.)Fredric V Shoemaker appearing for Defendant McCain Foods USA, Inc.. Responses due by 2/21/2017 (Shoemaker, Fredric)
November 7, 2016 Opinion or Order Filing 6 STATUS REPORT on Service of Process by J.R. Simplot Company. (Cuneo, Christopher)
October 11, 2016 Opinion or Order Filing 5 REPORT on the filing or determination of an action regarding patent number(s)US D640,036 S (Notice sent to USPTO) (Attachments: #1 Complaint & Exhibits filed 10/7/2016) (cjs)
October 11, 2016 Opinion or Order Filing 4 Summons Issued as to McCain Foods USA, Inc.. (Print attached Summons for service.) (cjs)
October 7, 2016 Opinion or Order Filing 3 Corporate Disclosure Statement by J.R. Simplot Company. (Herberholz, Dana)
October 7, 2016 Opinion or Order Filing 2 AMENDED DOCUMENT by J.R. Simplot Company. Amendment to #1 Complaint, . (Attachments: #1 Exhibit A - U.S. Patent No. D640,036 titled Spiral Potato Piece, #2 Exhibit B - McCains promotions, advertisements, and offers to sell its Twisted Potatoes including a coupon, #3 Exhibit C - McCains promotions and advertisements for its Twisted Potatoes including screenshots of YouTube videos, #4 Exhibit D - Screenshots of McCains website advertising its Twisted Potatoes and a brochure available on McCains website)(Herberholz, Dana)
October 7, 2016 Opinion or Order Filing 1 COMPLAINT for Patent Infringement, Trade Dress Infringement, and Unfair Competition against McCain Foods USA, Inc. ( Filing fee $ 400 receipt number 0976-1501305.), filed by J.R. Simplot Company. (Attachments: #1 Cover Sheet, #2 Summons to McCain Foods USA, Inc.)(Herberholz, Dana)

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Search for this case: J.R. Simplot Company v. McCain Foods USA, Inc.
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3rd party plaintiff: J.R. Simplot Company
Represented By: Jordan Lee Stott
Represented By: Dana M Herberholz
Represented By: Spencer W Ririe
Represented By: Andrew Virel Wake
Represented By: Vladimir J. Semendyai
Represented By: Margaret Niver McGann
Represented By: Brian M Buroker
Represented By: Christopher J Cuneo
Represented By: Brook Bernard Bond
Represented By: Anthony David Brzozowski, II
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Defendant: McCain Foods USA, Inc.
Represented By: David B Cochran
Represented By: Michael G Brady
Represented By: John C Evans
Represented By: Fredric V Shoemaker
Represented By: Susan M Gerber
Represented By: Slade Dean Sokol
Represented By: Joshua R Nightingale
Represented By: Meredith M Wilkes
Represented By: Mary Alexander Hyde
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Counter claimant: McCain Foods Limited
Represented By: Michael G Brady
Represented By: Fredric V Shoemaker
Represented By: John A. Marlott
Represented By: Meredith M Wilkes
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3rd party defendant: Food Physics LLC
Represented By: Bradley J Dixon
Represented By: Michael E. Anderson
Represented By: Kenneth J. Sheehan
Represented By: Kersti Harter Kennedy
Represented By: Christina J. Moser
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3rd party defendant: Elea Vertriebs-und-Vermarktungsgesellschaft, mbH
Represented By: Bradley J Dixon
Represented By: Michael E. Anderson
Represented By: Kenneth J. Sheehan
Represented By: Kersti Harter Kennedy
Represented By: Christina J. Moser
Represented By: Charles C Carson
Represented By: Phillip D Wolfe
Represented By: Lesley McCall Grossberg
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