DR Distributors, LLC v. 21 Century Smoking, Inc.
Plaintiff: DR Distributors, LLC
Defendant: 21 Century Smoking, Inc.
Counter_claimant: 21 Century Smoking, Inc.
Counter_defendant: DR Distributors, LLC
Case Number: 3:2012cv50324
Filed: September 7, 2012
Court: US District Court for the Northern District of Illinois
Office: Rockford Office
County: Winnebago
Presiding Judge: Frederick J. Kapala
Presiding Judge: P. Michael Mahoney
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
June 5, 2024 Opinion or Order Filing 626 MEMORANDUM Opinion and OrderENTERED JUDGMENT; The Court dismisses Duke's and 21 Century Smoking's counterclaims and enters a default judgment in favor of Plaintiff on its action. The bases for doing so are (1) Duke's failure to pay the monetary sanctions already imposed, after considering other relevant factors, and (2) Duke's failure to produce tens of thousands of relevant, responsive documents, which violated numerous Federal Rules of Civil Procedure, including Rules 16(f), 26(e), 26(g), 34, 37(b)(2), and 37(c)(1). Judgment entered in favor of Plaintiff on all claims. All pending motions are denied as moot. Civil case terminated. Signed by the Honorable Iain D. Johnston on 6/5/2024:(yxp, )
January 12, 2023 Opinion or Order Filing 565 MEMORANDUM Opinion and Order: Plaintiff's motion to strike defendants' expert report, Dkt. 535, is granted. Defendants' motion to strike or, in the alternative, for leave to file a sur-reply, Dkt. 558, is granted in part and denied in part. The Court allows Defendants leave to file the sur-reply, which was attached to the motion. On the Court's own motion, under both its inherent authority and Federal Rule of Civil Procedure 37(b), Defendants and their counsel are sanctioned (jointly and severally) $6,000 total for violating this Court's January 19, 2021, sanctions order by "using any information not disclosed to Plaintiff by June 1, 2015." Dkt. 439, at 9. The sanction is payable to the Clerk of Court for the District Court for the Northern District of Illinois and must be paid by February 13, 2023. See the attached for details. Signed by the Honorable Iain D. Johnston on 1/12/2023: (yxp, )
October 6, 2022 Opinion or Order Filing 541 MEMORANDUM Opinion and Order; For the reasons given, the Court awards a total monetary sanction in the amount of $2,526,744.76, which includes $2,401,042.21 for fees incurred for the scope of work allowed plus $125,702.55 for litigating the fee petition. See the attachment for details. Signed by the Honorable Iain D. Johnston on 10/6/2022: (yxp, )
July 22, 2022 Opinion or Order Filing 527 MEMORANDUM Opinion and Order: Before the Court is Plaintiff's Motion for an Order Deeming the Marital Privilege Waived and for Other Relief. Dkt. 500. The issue for the Court to resolve is whether Defendants waived the marital communications pri vilege by disclosing numerous electronic communications to Plaintiff during discovery, and, if so, to what extent has the privilege been waived. For the following reasons, the Motion is granted in part and denied in part. Signed by the Honorable Iain D. Johnston on 7/22/2022. Mailed notice. (vk)
January 19, 2021 Opinion or Order Filing 439 MEMORANDUM Opinion and Order; By February 22, 2021, Plaintiff must file its fee petition. Defendants and the former defense counsel must file any response to the fee petition by March 22, 2021. Plaintiff must file any reply by April 16, 2021. See all attachments for full detail. Signed by the Honorable Iain D. Johnston on 1/19/2021: (Attachments: # 1 Continuation 1 of 3, # 2 Continuation 2 of 3, # 3 Continuation 3 of 3) (yxp, )
February 12, 2019 Opinion or Order Filing 292 MEMORANDUM Opinion and Order; 21 Century Smoking, Inc.s and Brent Dukes Motion for Leave to Amend their counterclaim. Dkt. 275. For the following reasons, the Motion is denied. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 2/12/2019:(yxp, )
March 31, 2017 Opinion or Order Filing 192 ORDER:Before the court is a report and recommendation (R&R) 189 from the magistrate judge thatthis court deny plaintiffs motion to recover fees they incurred preparing to depose defendantsexpert witness before the defendants withdrew the expert a nd cancelled the deposition. Plaintiffsbring the motion pursuant to Federal Rule of Civil Procedure 37. Objections were due by March21, 2017, and no objections have been received. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Having reviewed the R&R and finding no errors, the court adopts the R&R in full and denies plaintiffs motion for fees 184 . Signed by the Honorable Frederick J. Kapala on 3/31/2017:mailed notice(pg, )
August 1, 2016 Opinion or Order Filing 181 MEMORANDUM Opinion and Order; Defendants motion to supplement their experts report 171 is granted. The stay on expert discovery is lifted and the deadline to complete expert depositions will be set at the next court status date. Telephonic status s et for 8/11/2016 at 1:30 PM. By 8/8/2016, counsel will provide direct-dial telephone numbers for the hearing to the Courts operations specialist who will initiate the call. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 8/1/2016: (yxp, )
December 15, 2015 Opinion or Order Filing 162 MEMORANDUM Opinion and Order; Defendants' motion to compel deposition 155 is denied. Telephonic status hearing remains set for 1/21/2016 at 9:00 AM. See attachment for full detail. Signed by the Honorable Iain D. Johnston on 12/15/2015: (yxp, )
September 1, 2015 Opinion or Order Filing 144 MEMORANDUM Opinion and Order; The plaintiff and/or counter defendants DR Distributors LLC, CB Distributors, Inc. and Carlos Bengoa (collectively plaintiffs) have withheld the production of four communications with counsel on the basis of the attorney -client privilege. Defendants 21 Century Smoking, Inc. and Brent Duke contend the plaintiffs waived the privilege and filed a motion to compel the production of those communications. For the reasons given, the motion to compel 133 is denied. Teleph onic status hearing is set for 9/15/2015 at 9:00AM. By 9/11/2015 counsel shall provide direct-dial numbers for the hearing to the Courts operations specialist, who will initiate the call. (See attachment for full detail.) Signed by the Honorable Iain D. Johnston on 9/1/2015: (yxp, )
November 20, 2014 Opinion or Order Filing 98 MEMORANDUM Opinion and Order; Signed by the Honorable Iain D. Johnston on 11/20/2014: (yxp, )
March 14, 2013 Opinion or Order Filing 26 WRITTEN Opinion entered by the Honorable Frederick J. Kapala on 3/14/2013: Plaintiff's motion for preliminary injunction 22 is granted in part and denied in part. Preliminary injunction to enter. This case is referred back to the magistrate judge for further proceedings. [For further details see order.] Electronic notice(jat, )
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Plaintiff: DR Distributors, LLC
Represented By: Robert Charles von Ohlen, Jr.
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Defendant: 21 Century Smoking, Inc.
Represented By: Thomas R. Leavens
Represented By: Heather Ryan Liberman
Represented By: Peter J. Strand
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Counter_claimant: 21 Century Smoking, Inc.
Represented By: Heather Ryan Liberman
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Counter_defendant: DR Distributors, LLC
Represented By: Robert Charles von Ohlen, Jr.
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