NOVELTY, INC. v. MOUNTAIN VIEW MARKETING, INC. et al
| NOVELTY, INC. |
| MOUNTAIN VIEW MARKETING, INC. and MCLANE COMPANY, INC. |
| Kevin M. Boyle, Overhauser & Lindman, LLC, Tami Napier, Eric Lamb and Paul B. Overhauser |
| 1:2007cv01229 |
| September 25, 2007 |
| US District Court for the Southern District of Indiana |
| Indianapolis Office |
| Hancock |
| Sarah Evans Barker |
| Jane Magnus-Stinson |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on June 23, 2010. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Remark - Manual Filing Docket No. 212 destroyed this date. LAB (MAC) |
| Filing 434 Remark - Counsel are advised that the Manual Filing at docket 121 is available for removal from the Office of the Clerk. To be received on or before 5/28/2010. (MAC) |
| Filing 433 NOTICE of Final Determination in lawsuit sent to Register of Copyrights. (Attachments: #1 Order of Dismissal) (MAC) |
| Filing 432 CLOSED DISMISSED - Approves Parties Joint Motion to Dismiss; cause is DISMISSED with prejudice, each party to bear its own costs and attorney's fees. Signed by Judge Sarah Evans Barker on 5/17/2010.(MAC) |
Filing 431
ORDER granting #429 Joint Motion to Amend Stipulated Protective Order (see Order). Signed by Judge Jane Magnus-Stinson on 5/17/2010. (SWM)
|
| Filing 430 Joint MOTION to Dismiss With Prejudice, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Christensen, Margaret) |
| Filing 429 Joint MOTION to Amend/Correct #48 Protective Order, filed by Interested Parties Kevin M. Boyle, Eric Lamb, Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC, Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., Counter Claimants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
|
Filing 428
ORDER - the parties have reported a Settlement; all dates and deadlines previously established, including the 6/14/2010 Trial Date and the 6/1/2010 Final Pretrial Conference, are Vacated and any pending Motions, including the Magistrate Judge's Report & Recommendation at Docket No. 381, are denied as moot. Parties are ORDERED to finalize their agreement and file the apppropriate documents on or before 5/14/2010. Failure to do so will result in a DISMISSAL WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(b). Signed by Judge Sarah Evans Barker on 5/7/2010.(MAC)
|
|
Filing 427
Minute ENTRY for proceedings held before Judge Jane Magnus-Stinson: Settlement Conference held on 5/6/2010. The parties appeared in person and by counsel. The Magistrate Judge reports that the parties have completely resolved all disputed matters in this action, including any award that may be payable to Defendants under their previously filed motions for sanctions, [dkts. 165 (emergency motion for sanctions), 303 (motion for enforcement of protective order and for sanctions)], and Defendants thus move to withdraw those two motions. The parties further consent to refer the motion to withdraw to the magistrate judge for ruling. The magistrate judge hereby GRANTS the Defendants motion to withdraw, and the related motions #165 and #303 are hereby DENIED AS MOOT. Because of the withdrawal of Defendants' emergency motion for sanctions #165 the magistrate judge's report and recommendation #381 is now also moot. In light of the parties agreement, the parties advise that the following motions are now moot and can be denied as such: dkts. #256 (Defendants' motion for partial summary judgment), #260 (Defendants' motion for partial summary judgment), #298 (Plaintiff's motion for oral argument), #360 (Plaintiff's motion for protective order), #386 (Defendants' motion to strike certain evidentiary designations), and #405 (Plaintiff's motion to continue final pre- trial conference dates and trial). As among the parties, they stipulate that the May 7, 2010 hearing is not necessary. The parties further consent to referral of the pending motions to continue to the magistrate judge for ruling. The magistrate judge therefore VACATES the hearing and DENIES as moot dkts. #420 (Plaintiff's motion to continue the May 7 hearing) and #425 (Plaintiff's motion to seal May 7 hearing). The parties request that the Court permit them seven days to file their stipulation of dismissal. Counsel for interested party Kevin Boyle advises the Mr. Boyle has completed the professionalism course recommended in the magistrate's R & R. Interested party Paul Overhauser agrees to complete the professionalism course recommended by the magistrate as well. Signed by Judge Jane Magnus-Stinson.(SWM)
|
|
Filing 426
ORDER taking under advisement #420 Motion for Continuance of 5/7/2010 Hearing pending outcome of the settlement conference scheduled for 5/6/2010. Signed by Judge Sarah Evans Barker on 5/5/2010. (MAC)
|
| Filing 425 Joint MOTION to Seal Evidentiary Hearing, filed by Interested Parties Eric Lamb, Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC, Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., Counter Claimants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC.. (Attachments: #1 Exhibit A - Roberts Letter, #2 Exhibit B - Hinshaw Email, #3 Text of Proposed Order)(Morical, Alice) |
| Filing 424 Submission of REDACTED Reply to Novelty's Further Response to Motion for Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 423 RESPONSE in Opposition re #420 MOTION for Continuance of the May 7, 2010 Hearing, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
|
Filing 422
ORDER granting #418 Motion to Seal Reply and related exhibits a b c d e f g and i. A redacted version shall be submitted for the public record by 5/6/2010. Signed by Judge Jane Magnus-Stinson on 5/4/2010. (CBU)
|
|
Filing 421
ORDER granting #413 Motion to Seal further response to motion for sanctions and exhibit 17, 30, and 31. A redacted version shall be submitted for the public record 5/6/2010. Signed by Judge Jane Magnus-Stinson on 5/4/2010. (CBU)
|
| Filing 420 MOTION for Continuance of the May 7, 2010 Hearing, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(McMillian, Jimmie) |
| Filing 419 NOTICE of Service of Dkt. 416, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., re #416 SEALED Reply in support of Motion. (Attachments: #1 Exhibit A - email transmitting sealed documents) (Limrick, Michael) |
| Filing 418 MOTION to Seal Document #416 SEALED Reply in support of Motion, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Seal)(Limrick, Michael) |
| Filing 417 EXHIBIT in Support of Reply in Support of Motion re #303 MOTION for Enforcement of Protective Order and Sanctions And Reply To Novelty's Further Response to Motion For Sanctions [Dkt. 412], filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit H - E Lamb 2-7-08 email, #2 Exhibit J - Hancock Superior Court trial transcript pp 58-59, #3 Exhibit K - Dep of Mary Burkhart)(Limrick, Michael) |
| Filing 416 SEALED REPLY in support of Motion re #303 MOTION for Enforcement of Protective Order and Sanctions and Reply to Novelty's Further Response to Motion for Sanctions [Dkt. 412], filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Cover Sheet for Sealed Document, #2 Exhibit A - Dep. Exh. 146, #3 Exhibit B - Dep of Ryan Polk, #4 Exhibit C - NOV291902, #5 Exhibit D - NOV291120, #6 Exhibit E - NOV_BT75-76, #7 Exhibit F - NOV290827, #8 Exhibit G - NOV290968, #9 Exhibit I - NOV291934)(Limrick, Michael) |
|
Filing 415
ORDER: In light of the upcoming hearing before Judge Barker, the Magistrate Judge determines that a Court-sponsored settlement conference is appropriate, which will be held on May 6, 2010, beginning at 9:00 a.m. in Room 361, United States Courthouse. Counsel for Plaintiff, for Defendants, and for interested parties Overhauser/Lamb/Napier must attend in person. Clients, Mr. Boyle and his counsel (or another attorney from his firm), and any necessary insurance adjusters must be available by phone so that if a settlement agreement is reached it can be made final at the conference. Defendants shall submit a copy of their most recent settlement demand to the Magistrate Judge by 9:00 a.m. on April 30. Plaintiff (and the interested parties, if any demand is made ofthem) shall respond by 5:00 p.m. on April 30, to which Defendants shall reply by 5:00 p.m. on May 4, 2010, all of which should be copied to the Magistrate Judge. This settlement conference does not alter the dates under the CMP, for trial, or for the hearing before Judge Barker. Signed by Judge Jane Magnus-Stinson on 4/29/2010. (MRI)
|
| Filing 414 EXHIBIT re #412 SEALED Response to Motion by NOVELTY, INC., Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC. (Attachments: #1 Exhibit 10 - 11/2/07 Hinshaw Email, #2 Exhibit 11 - 11/13/07 Hinshaw Email, #3 Exhibit 12 - 2/6/08 Lamb Letter, #4 Exhibit 13 - 2/8/08 Lamb Letters, #5 Exhibit 14 - 2/12/08 ECF Email, #6 Exhibit 15 - 6/26/09 Hinshaw Letter, #7 Exhibit 16 - Ritchie Depo Transcript, #8 Exhibit 18 - 2/8/10 Order re: Show Cause, #9 Exhibit 19 - 3/10/10 Order re: Show Cause, #10 Exhibit 20 - Notice of Appeal, #11 Exhibit 22 - 8/13/09 Email, #12 Exhibit 23 - 9/9/09 Christensen Letter, #13 Exhibit 24 - Hancock County Trial Transcript, #14 Exhibit 25 - Overhauser Declaration, #15 Exhibit 26 - Dellacca Affidavit, #16 Exhibit 27 - Findings of Fact, #17 Exhibit 28 - Order re: Motion to Exclude, #18 Exhibit 29 - Hancock County CCS)(Morical, Alice) |
| Filing 413 MOTION to Seal Document #412 SEALED Response to Motion, filed by Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC., Interested Parties Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
| Filing 412 SEALED RESPONSE re #303 MOTION for Enforcement of Protective Order and Sanctions, filed by Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC., Interested Parties Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC. (Attachments: #1 Exhibit 17 - Invoice, #2 Exhibit 21 - Overhauser Declaration, #3 Exhibit 30 - Exhibit Lists, #4 Exhibit 31 - Overhauser Declaration)(Morical, Alice) |
| Filing 411 RESPONSE in Opposition re #405 MOTION for Continuance of Sixty Days of the Final Pre-Trial Conference and Trial Dates, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 410 NOTICE of Appearance by Todd G. Vare on behalf of Plaintiff NOVELTY, INC.. (Vare, Todd) |
| Filing 408 NOTICE of Appearance by Mary Jane Frisby on behalf of Plaintiff NOVELTY, INC., Counter Defendant NOVELTY, INC.. (Frisby, Mary) |
| Filing 409 MARGINAL ENTRY re Redacted Report and Recommendation. For an explanation of the redactions in this document, see Docket Entry 406. Signed by Judge Jane Magnus-Stinson on 4/21/2010.(SWM) Modified on 4/22/2010 (SWM). |
|
Filing 407
ORDER granting #398 Motion for Continuance. The 5/6/2010 Hearing is Vacated. Evidentiary Hearing reset for 5/7/2010 10:00 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 4/21/2010. (MAC)
|
|
Filing 406
ORDER denying Pltfs' #400 Motion to Seal its reponse to Show Cause Order, which together with its attachments, shall be open to public inspection. ORDER discussing Pltf's Response to Show Cause Order [Dkt. 399] and directing Clerk to unseal certain documents (see Order for other details). Signed by Judge Jane Magnus-Stinson on 4/21/2010. (SWM) Modified on 4/22/2010 (SWM).
|
| Filing 405 MOTION for Continuance of Sixty Days of the Final Pre-Trial Conference and Trial Dates, filed by Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Adams, Jennifer) |
|
Filing 404
ORDER granting #401 Motion to Withdraw as Attorney. Attorney Paul B. Overhauser; Eric E. Lamb and Tami L. Napier withdrawn. Eric Lamb, Tami L. Napier and Paul B. Overhauser, shall remain on the docket as interested parties so that they may received ECF notifications and file documents as necessary. Signed by Judge Jane Magnus-Stinson on 4/21/2010. (SWM)
|
| Filing 403 NOTICE of Appearance by Jeffrey D. Roberts on behalf of Interested Parties Eric Lamb, Tami Napier, Paul B. Overhauser, Overhauser & Lindman, LLC. (Roberts, Jeffrey) |
| Filing 402 NOTICE of Appearance by Alice McKenzie Morical on behalf of Interested Parties Paul B. Overhauser, Eric Lamb, Tami Napier, Overhauser & Lindman, LLC. (Morical, Alice) |
| Filing 401 MOTION to Withdraw as Attorney Eric Lamb, Tami L. Napier, and Paul B. Overhauser, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 400 MOTION to Seal Document #399 SEALED Response to Motion to Show Cause Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(McMillian, Jimmie) |
| Filing 399 *** UNSEALED PER ORDER DATED 4/21/2010 *** SEALED RESPONSE re #381 Report and RecommendationsDocument Sealed to Show Cause Order, filed by Plaintiff NOVELTY, INC.. (Attachments: # (1) Cover Sheet for Sealed Document Cover Sheet, # (2) Exhibit Exhibit A - Part 1 - Redacted, # (3) Exhibit Exhibit A - Part 2 - Redacted, # (4) Exhibit Exhibit B)(McMillian, Jimmie) Modified on 4/22/2010 (SWM). |
| Filing 398 First MOTION for Continuance, filed by Interested Party Kevin M. Boyle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Nickloy, Jeffrey) |
| Filing 397 NOTICE of Appearance by Jimmie Lamar McMillian on behalf of Plaintiff NOVELTY, INC.. (McMillian, Jimmie) |
| Filing 396 NOTICE of Appearance by Jennifer Westerhaus Adams on behalf of Plaintiff NOVELTY, INC.. (Adams, Jennifer) |
| Filing 395 NOTICE of Appearance by Donald Robert Lundberg on behalf of Plaintiff NOVELTY, INC.. (Lundberg, Donald) |
|
Filing 394
ORDER on Defendants' Motion for Enforecement of Protective Order and Sanctions. Court requires further briefing. Evidentiary Hearing set for 5/6/2010 10:00 AM in room #216 before Judge Sarah Evans Barker. (See order for deadlines). Signed by Judge Sarah Evans Barker on 4/12/2010.(MAC) Modified on 4/20/2010 (MAC).
|
| Filing 393 RESPONSE in Opposition re #386 MOTION to Strike Certain Evidentiary Designations Relating to Summary Judgment, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Examples of documents produced by Defendants)(Overhauser, Paul) |
|
Filing 392
ORDER granting in part and denying in part Pltf's #385 Emergency Motion for Extension of Time to File objections to Report and Recommendation Issued on 4/5/2010 (see Order for details). Signed by Judge Jane Magnus-Stinson on 4/12/2010. (SWM)
|
|
Filing 391
ORDER granting defts' #388 Motion to Seal Dkt. Number 387. Signed by Judge Jane Magnus-Stinson on 4/11/2010. (SWM)
|
| Filing 390 REPLY in Support of Motion re #385 Emergency MOTION for Extension of Time to May 6, 2010 to File Objections to the Report and Recommendation Issued on April 5, 2010, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 389 RESPONSE in Opposition re #385 Emergency MOTION for Extension of Time to May 6, 2010 to File Objections to the Report and Recommendation Issued on April 5, 2010, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 388 MOTION to Seal Document #387 SEALED Document Brief in Support of Motion to Strike Certain Evidentiary Designations Relating to Summary Judgment, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 387 *** SEALED PER ORDER DATED 4/11/2010 *** SEALED Brief in Support, re #386 Motion to Strike, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Cover Sheet for Sealed Document)(Hinshaw, James) Modified on 4/12/2010 (SWM). |
| Filing 386 MOTION to Strike Certain Evidentiary Designations Relating to Summary Judgment, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 385 Emergency MOTION for Extension of Time to May 6, 2010 to File Objections to the Report and Recommendation Issued on April 5, 2010, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 384 Designation of Evidence re #303 MOTION for Enforcement of Protective Order and Sanctions, #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority (SUPPLEMENTAL), filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A (4-1-10 Hancock Superior Ct. FOF/COL/Order))(Hinshaw, James) |
| Filing 383 NOTICE of Service of Initial Disclosures (Fourth Amended), filed by Plaintiff NOVELTY, INC.. (Napier, Tami) |
|
Filing 382
ORDER re #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims filed by MCLANE COMPANY, INC. and MOUNTAIN VIEW MARKETING, INC. and #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims filed by MCLANE COMPANY, INC. and MOUNTAIN VIEW MARKETING, INC. Pursuant to the District Judge's directive, the Magistrate Judge has issued her Report and Recommendation of Sanctions. To the extent that Novelty's response to the Defendants' currently pending motion for partial summary judgment relies upon any evidence that the Magistrate Judge has recommended be excluded, Defendants shall move to strike that evidence no later than April 8, 2010. Signed by Judge Jane Magnus-Stinson on 4/5/2010.(LBK) Modified on 4/8/2010 (LBK).
|
| Filing 381 SEALED REPORT AND RECOMMENDATIONS re #165 Emergency MOTION for Sanctions Pursuant to Federal Rule Of Civil Procedure 37 and this Court's Inherent Authority filed by MCLANE COMPANY, INC., and MOUNTAIN VIEW MARKETING, INC. Given the impending trial deadline, the time for any responses shall be reduced to 7 days following service of the objection. The Magistrate Judge directs the Clerk to docket this Report and Recommendation under seal because it references materials that have been previously permitted to be filed under seal in this matter. The parties shall SHOW CAUSE within 14 days, if they can, why this Report and Recommendation-and all the documents that it relies upon-should not be unsealed for public inspection. Any such showing shall include a proposed redacted version of this Report and Recommendation as well as a list of those supporting docket numbers that should and should not be unsealed. Signed by Judge Jane Magnus-Stinson on 4/5/2010.(LBK) |
|
Filing 380
ORDER STRIKES Defendants Counterclaims [dkt. 126 to 127], but does so WITHOUT PREJUDICE to Defendants right to re-file them once the Stay is lifted, at a time to be determined at the case management conference. In light of re-pleading of the Counterclaims, Noveltys Motion to Dismiss Defendants Counterclaims [dkt. 144] is DENIED WITHOUT PREJUDICE #144 Motion to Dismiss (S.O.). Signed by Judge Sarah Evans Barker on 3/30/2010. (MAC)
|
|
Filing 379
ORDER granting Plaintiff's #136 Motion to Bifurcate and Stay Defendants' Counterclaims and Related Discovery. The Counterclaims are hereby bifurcated from the trial of the underlying litigation, and a stay is imposed on all further proceedings (except those conducted by written stipulation of the parties) relating to the Counterclaims (S.O.). Signed by Judge Sarah Evans Barker on 3/30/2010. (MAC)
|
| Filing 377 REPLY in Support of Motion re #360 MOTION for Protective Order, filed by Plaintiff NOVELTY, INC.. (Lamb, Eric) |
| Filing 378 CORRECTED DOCKET TEXT - Please disregard docket text regarding document #376 , Order dated March 2, 2010. This Order should have been docketed to reflect that it grants #373 Defendants' Motion to Seal Document #372 , Sealed Response re: #360 Motion for Protective Order. The Order itself has not been changed, but is attached to this Entry. (LBK) |
|
Filing 376
ORDER granting #360 Defendants' Motion to File their Response to Novelty's Motion for Protective Order Under Seal. Defendants' Response to Novelty's Motion for Protective Order (dkt. 372) is sealed per the Court's 2/25/08 Protective Order (dkt. 48). Defendants shall file a redacted version of the brief within 7 days of this order. Signed by Judge Jane Magnus-Stinson on 3/2/2010. (LBK)
|
| Filing 375 NOTICE of Submission of Redacted and Corrected Brief, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC. (Attachments: #1 REDACTED "Response to Noveltys Motion for Protective Order [Dkt. 360]") (Hinshaw, James) |
|
Filing 374
ORDER granting defts' #370 Motion to Seal Document Number 368. Signed by Judge Jane Magnus-Stinson on 3/1/2010. Defendants shall file a redacted version of the brief within seven days of this Order. (SWM) Modified on 3/2/2010 (SWM).
|
| Filing 373 MOTION to Seal Document #372 SEALED Response to Motion for Protective Order [Dkt. 360], filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 372 SEALED RESPONSE re #360 MOTION for Protective Order, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Cover Sheet for Sealed Document, #2 Text of Proposed Order)(Hinshaw, James) |
| Filing 371 Submission of Redacted Submission of Post-Hearing Proposed Findings and Conclusions in Support of Motion for Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A (proposed Findings and Conclusions))(Limrick, Michael) |
| Filing 370 MOTION to Seal Document #368 SEALED Reply in support of Motion, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 369 EXHIBIT re #368 SEALED Reply in support of Motion by MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit 1 - Affidavit of M. Christensen, #2 Exhibit 2 - Affidavit of S. Kumpf, #3 Exhibit 3 - 12/15/09 email from E. Lamb, #4 Exhibit 5 - Hancock County CCS, #5 Exhibit 6 - 2/26/10 fax from D. Hoffman, #6 Exhibit 7 - Novelty's Appellant's Case Summary, #7 Exhibit 8 - Email from J. Holdeman, #8 Exhibit 9 - Letter from D. Dellacca, #9 Exhibit 10 - Hancock County Entry, #10 Exhibit 11 - Court of Appeals Order to Show Cause)(Hinshaw, James) |
| Filing 368 *** SEALED PER ORDER DATED 3/1/2010 *** SEALED REPLY in support of Motion re #303 MOTION for Enforcement of Protective Order and Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 4 - Affidavit of Brad Ritchie)(Hinshaw, James) Modified on 3/2/2010 (SWM). |
|
Filing 367
ORDER granting Kevin Boyle's #365 Motion to withdraw Document Number 364. Document Number 364 is hereby stricken and removed from the docket. Signed by Judge Jane Magnus-Stinson on 2/25/2010. (SWM)
|
| Filing 366 REDACTION of Response to Defendants Post-Hearing Designation of Evidence by Kevin M. Boyle. (Nickloy, Jeffrey) |
| Filing 365 First MOTION to Withdraw Document Number 364, filed by Interested Party Kevin M. Boyle. (Attachments: #1 Text of Proposed Order)(Nickloy, Jeffrey) |
| Filing 364 *** STRICKEN PER ORDER DATED 2/25/2010 *** REDACTION Response to Defendants Post-Hearing Designation of Evidence by Kevin M. Boyle. *** DOCUMENT REMOVED PER ORDER DATED 2/25/2010 (Nickloy, Jeffrey) Modified on 2/25/2010 (SWM). |
| Filing 363 Submission of REDACTED Reply in Support of Motion for Partial Summary Judgment Against Lanham Act Claims & State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Christensen, Margaret) |
| Filing 362 Submission of REDACTED Reply in Support of Motion for Partial Summary Judgment Against Copyright Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Christensen, Margaret) |
|
Filing 361
ORDER granting pltfs' #359 Motion to Seal Document Number 358. Signed by Judge Jane Magnus-Stinson on 2/19/2010. (SWM)
|
| Filing 360 MOTION for Protective Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-2-1-10 Email between counsel of record, #2 Exhibit B-7-18-09 Email between counsel of record, #3 Text of Proposed Order)(Overhauser, Paul) |
| Filing 359 MOTION to Seal Document #358 SEALED Document, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 358 *** SEALED PER ORDER DATED 2/19/2010 *** SEALED Request for Hearing on Motion for Enforcement of Protective Order Pursuant to L.R. 7.5, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) Modified on 2/19/2010 (SWM). |
|
Filing 357
ORDER granting Kevin Boyle's #349 Motion to Withdraw Docket Number 347. Docket number 347 is hereby withdrawn and stricken from the docket. Signed by Judge Jane Magnus-Stinson on 2/18/2010. (SWM)
|
|
Filing 356
ORDER granting Kevin Boyle's #348 Motion to Seal Document Numbers 347 and 343. Boyle will submit a redacted version of the designation for the public record w/i 7 days. Signed by Judge Jane Magnus-Stinson on 2/18/2010. (SWM)
|
|
Filing 355
ORDER granting defts' #353 Motion to Seal Document Number 352. Defendants shall file a redacted version of these filings within seven days of this Order. Signed by Judge Jane Magnus-Stinson on 2/18/2010. (SWM)
|
|
Filing 354
ORDER granting pltf's #345 Motion to Seal Document Number 344. Signed by Judge Jane Magnus-Stinson on 2/18/2010. (SWM)
|
| Filing 353 MOTION to Seal Document #352 SEALED Document, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Limrick, Michael) |
| Filing 352 *** SEALED PER ORDER DATED 2/18/2010 *** SEALED Submission Of Proposed Findings And Conclusions In Support Of Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Exhibit A - Defendants' Proposed Findings And Conclusions, # (2) Cover Sheet for Sealed Document)(Limrick, Michael) Modified on 2/18/2010 (SWM). |
| Filing 351 Findings of Fact & Conclusions of Law (proposed) by NOVELTY, INC.. (Overhauser, Paul) |
| Filing 350 Findings of Fact & Conclusions of Law (proposed) by Kevin M. Boyle. (Nickloy, Jeffrey) |
| Filing 349 First MOTION to Withdraw Document 347, filed by Interested Party Kevin M. Boyle. (Attachments: #1 Text of Proposed Order)(Nickloy, Jeffrey) |
| Filing 348 First MOTION to Seal Document #347 Findings of Fact & Conclusions of Law (proposed), #343 Response to Motion (Unopposed) Defendants Post-Hearing Designation of Evidence, filed by Interested Party Kevin M. Boyle. (Attachments: #1 Text of Proposed Order)(Nickloy, Jeffrey) |
| Filing 347 *** SEALED PER ORDER DATED 2/18/2010 *** (WITHDRAWN and STRICKEN PER ORDER DATED 2/18/2010) Findings of Fact & Conclusions of Law (proposed) by Kevin M. Boyle. (Nickloy, Jeffrey) Modified on 2/18/2010 (SWM). Modified on 2/18/2010 (SWM). |
| Filing 346 RESPONSE in Opposition re #303 MOTION for Enforcement of Protective Order and Sanctions, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Affidavit of Eric Lamb, #2 Affidavit of Tami Napier, #3 Affidavit of Paul Overhauser, #4 Exhibit 2/8/2010 Order of State Court, #5 Exhibit Email Regarding Exhibits, #6 Exhibit Exhbiit List From State Court Case, #7 Exhibit State Case CCS Entries, #8 Exhibit State Court Entry Setting March 18 2010 Hearing, #9 Exhibit Defendants Motion to Seal in State Court)(Overhauser, Paul) |
| Filing 345 MOTION to Seal Document #344 SEALED Document, filed by Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Lamb, Eric) |
| Filing 344 *** SEALED PER ORDER DATED 2/18/2010 *** SEALED RESPONSE AND OBJECTIONS TO DEFENDANTS POST-HEARING DESIGNATION OF EVIDENCE, re #334 SEALED Document, filed by Plaintiff NOVELTY, INC., Counter Defendants NOVELTY, INC., NOVELTY, INC.. *** UNSEALED PER ORDER DATED 4/21/2010 (Attachments: # (1) Exhibit Ex-A- McLane Notes On Novelty Purchase)(Lamb, Eric) Modified on 2/18/2010 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 343 *** SEALED PER ORDER DATED 2/18/2010 *** RESPONSE to Motion Defendants Post-Hearing Designation of Evidence, filed by Interested Party Kevin M. Boyle. (Nickloy, Jeffrey) Modified on 2/18/2010 (SWM). |
| Filing 342 MARGINAL ENTRY re #337 Notice of typographical error in post-hearing designation of evidence. Notice reviewed by magistrate judge. Signed by Judge Jane Magnus-Stinson on 2/12/2010.(SWM) |
|
Filing 341
ORDER granting defts' #336 Motion to Seal Document Number 334. Signed by Judge Jane Magnus-Stinson on 2/12/2010. (SWM)
|
|
Filing 340
ORDER granting defts' #333 Motion to Seal Document Number 331. Defts shall file a redacted version of the brief w/i seven days of this Order. Signed by Judge Jane Magnus-Stinson on 2/12/2010. (SWM)
|
|
Filing 339
ORDER granting defts' #330 Motion to Seal Document Number 328. Defts shall file a redacted version of the brief w/i seven days of this Order. Signed by Judge Jane Magnus-Stinson on 2/12/2010. (SWM)
|
|
Filing 338
MARGINAL ENTRY re #327 Notice Regarding Court's 2/1/2009 Order [Dkt. 316]. Notice reviewed by magistrate judge. Signed by Judge Jane Magnus-Stinson on 2/12/2010.(SWM)
|
| Filing 337 NOTICE of Typographical Error in Post-Hearing Designation of Evidence, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., re #334 SEALED Document. (Limrick, Michael) |
| Filing 336 MOTION to Seal Document #334 SEALED Document, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Limrick, Michael) |
| Filing 335 EXHIBIT re #334 SEALED Document by MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit 3 - USPTO reports on lighter design patent)(Limrick, Michael) |
| Filing 334 *** SEALED PER ORDER DATED 2/12/2010 *** SEALED Post-Hearing Designation Of Evidence In Support Of Sanctions Against Novelty, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. *** ATTACHMENT 6 UNSEALED PER ORDER DATED 4/21/2010 *** (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit 1 - Dep Exhibit 104, # (3) Exhibit 2 - NOV282872-923, # (4) Exhibit 4 - NOV290965-967, # (5) Exhibit 5 (Part 1) - NOV291120-132, # (6) Exhibit 5 (Part 2) - NOV291133-146, # (7) Exhibit 6 - NOV291549-552, # (8) Exhibit 7 - NOV291021-022, # (9) Exhibit 8 - NOV291201-202, # (10) Exhibit 9 - NOV291173, # (11) Exhibit 10 - NOV290906-909, # (12) Exhibit 11 - NOV290975-977, # (13) Exhibit 12 - Dep Exhibit 89, # (14) Exhibit 13 - NOV290902-905, # (15) Exhibit 14 - NOV290991-992, # (16) Exhibit 15 - NOV291043-045, # (17) Exhibit 16 - NOV291625)(Limrick, Michael) Modified on 2/12/2010 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 333 MOTION to Seal Document #331 SEALED Reply in support of Motion for Partial Summary Judgment Against Lanham Act Claims & State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 332 EXHIBIT in Support of Reply in Support of Motion re #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit 1 to Exhibit BB (3rd Affd of Brad Ritchie), #2 Exhibit 2 to Exhibit BB (3rd Affd of Brad Ritchie), #3 Exhibit 3 to Exhibit BB (3rd Affd of Brad Ritchie), #4 Exhibit 4 to Exhibit BB (3rd Affd of Brad Ritchie), #5 Exhibit CC (Excerpts from Ritchie 1-22-09 Depo & Depo Exh 29))(Hinshaw, James) |
| Filing 331 *** SEALED PER ORDER DATED 2/12/2010 *** SEALED REPLY in support of Motion re #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit BB (3rd Affd of Brad Ritchie), # (3) Exhibit 5 to Exhibit BB (3rd Affd of Brad Ritchie))(Hinshaw, James) Modified on 2/12/2010 (SWM). |
| Filing 330 MOTION to Seal Document #328 SEALED Reply in support of Motion, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Limrick, Michael) |
| Filing 329 EXHIBIT in Support of Reply in Support of Motion re #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit EEE - Excerpts from Dep of Mike Kent, #2 Exhibit 1 to Exhibit GGG (Third Affidavit of Brad Ritchie), #3 Exhibit 2 to Exhibit GGG (Third Affidavit of Brad Ritchie), #4 Exhibit 3 to Exhibit GGG (Third Affidavit of Brad Ritchie), #5 Exhibit 4 to Exhibit GGG (Third Affidavit of Brad Ritchie), #6 Exhibit HHH - Excerpts from Deposition of Brad Ritchie)(Limrick, Michael) |
| Filing 328 *** SEALED PER ORDER DATED 2/12/2010 *** SEALED REPLY in support of Motion re #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit FFF - MVM Interrogatory Response No. 9, # (3) Exhibit GGG - Third Affidavit of Brad Ritchie, # (4) Exhibit 5 to Exhibit GGG (Third Affidavit of Brad Ritchie))(Limrick, Michael) Modified on 2/12/2010 (SWM). |
| Filing 327 NOTICE, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., re #316 Order on Motion to Seal Document. (Attachments: #1 Exhibit XX (1-15-10 Ltr from Lamb to Limrick et al)) (Christensen, Margaret) |
|
Filing 326
ORDER granting #325 Unopposed Emergency Motion for Extension of Time to 2/10/10 to Designate Additional Evidence Pursuant to February 5, 2010 Court Order. Novelty shall have to and including Tuesday, February 16, 2010, to respond thereto. Signed by Judge Jane Magnus-Stinson on 2/8/2010. (TMA)
|
| Filing 325 Unopposed MOTION for Extension of Time to February 10, 2010 to Designate Additional Evidence Pursuant to February 5, 2010 Court Order, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Christensen, Margaret) |
|
Filing 324
ENTRY FOLLOWING HEARING: Per the Order of Reference from the District Judge in this matter [dkt. 223], the Magistrate Judge convened an evidentiary hearing on February 3, 2010. The Court reporter was Fred Pratt. Plaintiff appeared by counsel and by its representatives J.R. Merlau and Mike Kent. Defendants appeared by counsel. Kevin Boyle, an interested party, appeared by counsel (see Entry for established deadlines and other details). Signed by Judge Jane Magnus-Stinson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(SWM)
|
| Filing 323 Submission of REDACTED Defendants' Brief in Support of Their Motion for Enforcement of Protective Order and Sanctions Against Novelty, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Christensen, Margaret) |
| Filing 322 Submission of Redacted Table in Compliance with Court Order of January 27, 2010, filed by Plaintiff NOVELTY, INC.. (Lamb, Eric) |
| Filing 321 MARGINAL ENTRY denying as moot deft Mountain View Marketing Inc's #283 Motion to Compel. Denied as moot per Defendants' notice of withdrawal, dkt. 317. Signed by Judge Jane Magnus-Stinson on 2/2/2010. (SWM) |
| Filing 320 Submission of REDACTED Brief in Opposition to Defendants' Motion for Partial Summary Judgment Against Lanham Act and State Law Claims and Exhibit 24, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit 24-Affidavit of Rick Lawson)(Overhauser, Paul) |
| Filing 319 NOTICE of Appearance by Jeffrey Scott Nickloy on behalf of Interested Party Kevin M. Boyle. (Nickloy, Jeffrey) |
| Filing 318 Submission of Table Pursuant to Court Order of January 27, 2010, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Christensen, Margaret) |
| Filing 317 NOTICE of Withdrawal, filed by Defendant MOUNTAIN VIEW MARKETING, INC., re #283 MOTION to Compel Production of Documents. (Hinshaw, James) |
|
Filing 316
ORDER granting defts' #315 Motion to Seal Document Number 314. A redacted version shall be filed for the public record within 7 days. Signed by Judge Jane Magnus-Stinson on 2/1/2010. (SWM)
|
| Filing 315 MOTION to Seal Document #314 SEALED Document, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Limrick, Michael) |
| Filing 314 *** SEALED PER ORDER DATED 2/1/2010 *** SEALED Exhibits Relating to Sanctions Hearing On February 3, re #313 Exhibit, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. *** ATTACHMENTS 5, 6, 7 and 11 UNSEALED PER ORDER DATED 4/21/2010 *** (Attachments: # (1) Exhibit PP (part 1) - NOV277110-277237, # (2) Exhibit PP (part 2) - NOV277110-277237, # (3) Exhibit QQ - Burkhart Dep in JP case, # (4) Exhibit RR - Kent Dep in JP case, # (5) Exhibit SS - Chandler Dep in JP case, # (6) Exhibit TT - Green Dep in JP case, # (7) Exhibit UU - French Dep in JP case, # (8) Exhibit VV - Beauchamp Dep in JP case, # (9) Exhibit WW (part 1) - Arce Dep in JP case, # (10) Exhibit WW (part 2) - Arce Dep in JP case, # (11) Exhibit XX - Novelty Jan 15, 2010 letter with NOV285588-602, # (12) Cover Sheet for Sealed Document)(Limrick, Michael) Modified on 2/1/2010 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 313 EXHIBIT re #253 SEALED Document by MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit OO - Limrick 2-4-09 email to K Boyle)(Limrick, Michael) |
| Filing 312 Submission of REDACTED Brief in Support of Motion to Compel Production of Documents, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 311 Submission of REDACTED Brief in Opposoition to Defendants' Motion for Partial Summary Judgment Against Copyright Claims, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 310
ORDER denying #228 Motion to Amend/Correct; granting in part and denying in part #230 Motion for Reconsideration; Lifting re #235 Order on Motion to Stay. Novelty shall produce all the documents required under the Sanctions Order no later than 9:00 a.m. on February 3, 2010. (See Order). Signed by Judge Sarah Evans Barker on 1/29/2010. (MAC)
|
|
Filing 309
ORDER granting defts' #307 Motion to Seal Document Number 304. Signed by Judge Jane Magnus-Stinson on 1/28/2010. (SWM)
|
|
Filing 308
ENTRY: The parties have reported pursuant to the entry of January 22, 2010 [dkt. #294] that the documents referenced therein should remain sealed. The magistrate judge now ORDERS plaintiff to file redacted versions of dkt. #s 288 and 288-14 for the public record by February 3, 2010. Signed by Judge Jane Magnus-Stinson on 1/28/2010.(SWM)
|
| Filing 307 MOTION to Seal Document #304 SEALED Document (Brief/Exhibits in Support of Motion for Enforcement of Protective Order and Sanctions), filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 306 CERTIFICATE of Counsel re #303 MOTION for Enforcement of Protective Order and Sanctions by James M. Hinshaw on behalf of MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC. (Hinshaw, James) |
| Filing 305 EXHIBIT in Support of Motion re #303 MOTION for Enforcement of Protective Order and Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit 1 (MVM Resp to 11th RFP), #2 Exhibit 2 (8-13-09 Ltr to Novelty), #3 Exhibit 3 (8-27-09 Ltr to Novelty), #4 Exhibit 4 (Aff'd of Darla Hoffman), #5 Exhibit 5 (Novelty Notice of Appeal), #6 Exhibit 6 (Novelty Resp to Mot to Exclude), #7 Exhibit 7 (11-20-09 Email from Limrick), #8 Exhibit 8 (11-21-09 Email from Overhauser), #9 Exhibit 9 (Novelty App Resp to Mot to Exclude), #10 Exhibit 10 (1-14-10 Order), #11 Exhibit 11 (1-19-10 Order), #12 Exhibit 12 (12-18-09 Ltr from Christensen), #13 Exhibit 13 (12-28-09 Ltr from Overhauser), #14 Exhibit 14 (Novelty App Surreply Opp Mot to Exclude), #15 Exhibit 17 (9-2-09 Email from Lamb), #16 Exhibit 18 (12-21-09 Ltr from Hinshaw))(Hinshaw, James) |
| Filing 304 *** SEALED PER ORDER DATED 1/28/2010 *** SEALED Brief in Support of Motion for Enforcement of Protective Order and Sanctions, re #303 Motion (Other), filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit 15 (Stock Purchase Agreement), # (3) Exhibit 16 (exemplars of hard drive materials))(Hinshaw, James) Modified on 1/29/2010 (SWM). |
| Filing 303 MOTION for Enforcement of Protective Order and Sanctions, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 302 RESPONSE in Opposition re #283 MOTION to Compel Production of Documents, filed by Plaintiff NOVELTY, INC.. (Lamb, Eric) |
|
Filing 301
ORDER granting pltf's #297 Motion to Seal Document Number 295. Plaintiff is ordered to provide a redacted version for the public record by February 3, 2010. Signed by Judge Jane Magnus-Stinson on 1/27/2010. (SWM)
|
|
Filing 300
ORDER Establishing Further Procedures for February 3, 2010 Sanctions Hearing. (SEE ORDER FOR FURTHER DETAILS.) Signed by Judge Jane Magnus-Stinson on 1/27/2010.(MRI)
|
| Filing 299 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Settlement Conference held on 1/22/2010 and case is not resolved. (SWM) |
| Filing 298 MOTION Request for Hearing on Summary Judgment Pursuant to L.R. 7.5, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 297 MOTION to Seal Document #295 SEALED Document, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Overhauser, Paul) |
| Filing 296 EXHIBIT re #295 SEALED Document Brief in Opposition to Defendants' Motion for Partial Summary Judgment Against Copyright Claims by NOVELTY, INC.. (Attachments: #1 Exhibit 8-Suppl. Registration Waterbomb Slingshot, #2 Exhibit 10-E. Lloyd Affidavit, #3 Exhibit 11-Defendants' Agreement to Stop Selling, #4 Exhibit 16-Representative Add'l Infringing Products, #5 Exhibit 20-McLane Answers to Interrogatories)(Overhauser, Paul) |
| Filing 295 *** SEALED PER ORDER DATED 1/27/2010 *** SEALED Brief in Opposition to Defendants' Motion for Partial Summary Judgment Against Copyright Claims, re #260 Motion for Partial Summary Judgment, filed by Plaintiff NOVELTY, INC.. (Attachments: # (1) Exhibit 12-Defendants' Invoices, # (2) Exhibit 17-Rosier Depo Excerpts, # (3) Exhibit 19-MVM Customer List)(Overhauser, Paul) Modified on 1/27/2010 (SWM). |
|
Filing 294
ENTRY for 1/22/2010: By agreement of the parties, Docket 288 and 288-14 are hereby ordered SEALED, pending a further meet and confer of the parties. Parties to report on outcome by January 28, 2010. Signed by Judge Jane Magnus-Stinson on 1/22/2010.(SWM)
|
|
Filing 293
ORDER granting pltf's #290 Motion to Seal Document Number 289. Signed by Judge Jane Magnus-Stinson on 1/22/2010. (SWM)
|
|
Filing 292
ORDER granting deft Mountain View Marketing's #287 Motion to Seal Document Number 284. Mountain View shall file a redacted version of the brief within seven days of this Order. Signed by Judge Jane Magnus-Stinson on 1/22/2010. (SWM)
|
|
Filing 291
ORDER granting pltfs' #282 Motion to Seal Document No. 280. Signed by Judge Jane Magnus-Stinson on 1/21/2010. (SWM)
|
| Filing 290 MOTION to Seal Document #289 SEALED Document -Exhibit 28 to Opposition to Defendants' Motion for Partial Summary Judgment Against Lanham Act and State Law Claims, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 289 *** SEALED PER ORDER DATED 1/22/2010 *** SEALED Exhibit, re #288 Response in Opposition to Motion, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit 28-Emails)(Overhauser, Paul) Modified on 1/22/2010 (SWM). |
| Filing 288 *** RESPONSE SEALED PER ORDER DATED 1/22/2010 *** RESPONSE in Opposition re #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Plaintiff NOVELTY, INC.. (Attachments: # (1) Exhibit 1-French Depo Excerpts, # (2) Exhibit 2-Kent Depo Excerpts, # (3) Exhibit 3-Lawson Depo Excperts, # (4) Exhibit 4-Selzer Depo Excerpts, # (5) Exhibit 5-Stidham Depo Excerpts, # (6) Exhibit 6-Merritt Declaration NOV280170-280171, # (7) Exhibit 7-Novelty's Design Drawings for Christmas Squeeze Pens-MVM2118-2119, # (8) Exhibit 13-Burkhart Depo Excperts, # (9 Exhibit 14-Merlau Affidavit, # (10) Exhibit 15-Merlau Depo Excerpts., # (11) Exhibit 18-Green Depo Excerpts, # (12) Exhibit 23-Burkhart Affidavit-1-15-10, # (13) Exhibit 24-Lawson Affidavit-1-15-10, # (14) *** SEALED PER ORDER DATED 1/22/2010 *** Exhibit 27-SJ Opposition Overhauser Declaration)(Overhauser, Paul) Modified on 1/22/2010 (SWM). |
| Filing 287 MOTION to Seal Document #284 SEALED Document, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to Seal)(Limrick, Michael) |
| Filing 286 CERTIFICATE of Counsel re #283 MOTION to Compel Production of Documents Pursuant to Local Rule 37.1 by Michael R. Limrick on behalf of MOUNTAIN VIEW MARKETING, INC. (Limrick, Michael) |
| Filing 285 EXHIBIT in Support of Motion re #283 MOTION to Compel Production of Documents, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A - Novelty's Resp. to MVM's 3rd RFPs, #2 Exhibit B - Aug. 31, 2009 emails between E. Lamb and M. Limrick)(Limrick, Michael) |
| Filing 284 *** SEALED PER ORDER DATED 1/22/2010 *** SEALED Brief In Support Of Motion To Compel Production Of Documents And Accompanying Exhibits C, D, and E, re #283 Motion to Compel, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit C - Sept. 30, 2005 Novelty News, #2 Exhibit D - Oct. 5, 2007 Novelty News, #3 Exhibit E - Dep of Todd Green, #4 Cover Sheet for Sealed Document Local Rule 5.3 Cover Sheet)(Limrick, Michael) Modified on 1/22/2010 (SWM). |
| Filing 283 MOTION to Compel Production of Documents, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 282 MOTION to Seal Document #280 SEALED Document, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Lamb, Eric) |
| Filing 281 EXHIBIT re #280 SEALED Document Pre-Hearing Response Brief Pursuant to Order of November 25, 2009 by NOVELTY, INC.. (Attachments: #1 Exhibit 1-6-30-09-Limrick-Email-Re-MVM-Lit-Point-Person, #2 Exhibit 2-11-9-08-Merlau-Email-Re-Doc-Production, #3 Exhibit 3-Kent-Depo-Excerpts, #4 Exhibit 4-Kent-Depo-Excerpts, #5 Exhibit 5-Selzer-Depo-Excerpt, #6 Exhibit 6-Kent-Depo-Excerpts, #7 Exhibit 7-Kent Depo Excerpts, #8 Exhibit 8-Lawson-Depo-Excerpts, #9 Exhibit 9-Kent Depo Excerpt, #10 Exhibit 10-Declaration-of-Mike-Kent-7-27-09, #11 Exhibit 11-7-30-09-Ltr-to-Hinshaw-Xmit-Docs-Re-China, #12 Exhibit 12-1-16-10-Ltr-to-Limrick-Responding-to-1-13-09 Ltr, #13 Exhibit 13-1-9-09-Email-from-Limrick-Re-Rule34, #14 Exhibit 14-1-19-09-Email-Re-Bling-Lighter-Document., #15 Exhibit 15-Kent Depo Excerpts, #16 Exhibit 16-Kent Depo Excerpts, #17 Exhibit 17-Lawson Depo Exhibits, #18 Exhibit 19-2-12-09-Email-to-Limrick-Re-Additional-Supp-Responses, #19 Exhibit 20-2-12-09-Email-to-Limrick-Re-Computer-Issues, #20 Exhibit 21-3-13-09-Email-from-Limrick-Re-Discovery-Update, #21 Exhibit 22-5-7-09-Email-from-Limrick-Re-Document-Inspection, #22 Exhibit 23-5-13-09-Email-from-Limrick-Re-Response-1st-Doc-Request., #23 Exhibit 24-5-13-09-Email-from-Boyle-Re-Response-1st-Doc-Request, #24 Exhibit 25-6-10-09-Ltr-from-Hinshaw-Re-Rescheduled-Depos, #25 Exhibit 26-6-8-09-Email-from-Overhauser-Re-Rescheduled-Depos, #26 Exhibit 27-6-16-09-Hinshaw-Email-Re-Jacobs-Paradise, #27 Exhibit 30-6-26-09-Napier-Ltr-Spreadsheet, #28 Exhibit 31-ListOfProducedDocuments, #29 Exhibit 32-Merlau Depo Excerpts, #30 Exhibit 33-Santa and Reindeer Artwork, #31 Exhibit 34-7-16-09-Letter-to-Hinshaw-xmitting-Docs-Produced, #32 Exhibit 35-7-22-09-Ltr-Hinshaw-Limrick-XmitAdditionalDocs, #33 Exhibit 36-8-10-09-Ltr-to-Counsel-xmitting-Disc-from-Green-Depo, #34 Exhibit 37-7-12-10-Hinshaw-Email-Re-Novelty-Production, #35 Exhibit 38-6-14-09-Overhauser-Email)(Lamb, Eric) |
| Filing 280 *** UNSEALED PER ORDER DATED 4/21/2010 *** SEALED PER ORDER DATED 1/21/2010 *** SEALED Pre-Hearing Response Brief Pursuant to Order of November 25, 2009, re #253 SEALED Document, filed by Plaintiff NOVELTY, INC.. *** ATTACHMENTS 1 & 3 UNSEALED PER ORDER DATED 4/21/2010 (Attachments: # (1) Exhibit 18-1-19-09-Ltr-to-Limrick-Re-Extension-of-Time, # (2) Exhibit 28-NOV280175-180, # (3) Exhibit 29-NOV280643-644)(Lamb, Eric) Modified on 1/22/2010 (SWM). Modified on 4/22/2010 (SWM). |
|
Filing 279
ORDER granting Novelty's #277 Motion for Leave relating to evidentiary hearing briefing. Novelty is hereby granted leave to file a brief responsive to Defendants' Pre-Hearing Brief [Dkt. 253] with a page limit up to 45 pages. Signed by Judge Jane Magnus-Stinson on 1/14/2010. (SWM)
|
| Filing 278 Submission of Corrections to Pre-Hearing Brief Addressing Evidence Warranting Sanctions Against Novelty, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 277 Unopposed MOTION for Leave to File /Relating to Evidentiary Hearing Briefing, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Lamb, Eric) |
|
Filing 276
CORRECTED ORDER granting defts' #272 Motion to File brief and certain accompanying exhibits under seal (see Order for details). Signed by Judge Jane Magnus-Stinson on 1/13/2010. (SWM)
|
|
Filing 275
ORDER denying #269 Plaintiff's Emergency Motion for Extension of Time to File Response to Defendant's Motion for Partial Summary Judgment on Lanham Act Claims and State Law Claims and Defendants' Motion for Partial Summary Judgment on Certain of Novelty's Copyright Act Claims. Signed by Judge Jane Magnus-Stinson on 1/6/2010. (LBK)
|
| Filing 274 REPLY in Support of Motion re #269 Emergency MOTION for Extension of Time to February 20, 2010 and February 21, 2010 respectfully to file response to #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, #256 MOTION for Partial Summary, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 273 RESPONSE in Opposition re #269 Emergency MOTION for Extension of Time to February 20, 2010 and February 21, 2010 respectfully to file response to #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, #256 MOTION for Partial Summary, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 272 MOTION to Amend/Correct #266 Order on Motion to Seal Document, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Corrected Order)(Hinshaw, James) |
| Filing 271 EXHIBIT in Support of Motion re #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit DDD - Novelty's Supplemental Answers to First Interrogatories)(Limrick, Michael) |
| Filing 270 Submission of REDACTED Pre-Hearing Brief Addressing Evidence Warranting Sanctions Against Novelty, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 269 Emergency MOTION for Extension of Time to February 20, 2010 and February 21, 2010 respectfully to file response to #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Overhauser, Paul) |
| Filing 268 Submission of REDACTED Brief in Support of Motion for Partial Summary Judgment Against Copyright Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 267 Submission of REDACTED Brief in Support of Motion for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
|
Filing 266
ORDER granting defts' #262 Motion to Seal Document No. 261. Deft shall file a redacted version for public record w/i 5 days. Signed by Judge Jane Magnus-Stinson on 12/28/2009. (SWM)
|
|
Filing 265
ORDER granting defts' #258 Motion to Seal Document No. 257. Defendants are further ORDERED to file a redacted version for the public record. Signed by Judge Jane Magnus-Stinson on 12/23/2009. (SWM)
|
|
Filing 264
ORDER granting defts' #255 Motion to Seal Document No. 253. Signed by Judge Jane Magnus-Stinson on 12/22/09. (SWM)
|
|
*** CONTINUATION OF DOCKET NUMBER 264 *** ORDER: A redacted version of the document shall be filed for the public record. Signed by Judge Jane Magnus-Stinson on 12/22/09.(SWM)
|
| Filing 263 EXHIBIT in Support of Motion re #260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A (Novelty Ans to 1st Interrogs), #2 Exhibit B (Napier 7-3-09 Ltr), #3 Exhibit C (excerpts from Stidham depo), #4 Exhibit D (Brown Affd), #5 Exhibit H (Depo Exh. 118), #6 Exhibit K (excerpts from Kent depo), #7 Exhibit M (Depo Exh. 91), #8 Exhibit N (Albertson Affd), #9 Exhibit O (excerpts from Selzer depo), #10 Exhibit P (Depo Exh. 78), #11 Exhibit Q (Depo Exh. 71), #12 Exhibit R (Depo Exh. 144), #13 Exhibit T (Novelty Supp. Interrog Ans 2-13-09), #14 Exhibit U (NOV19726), #15 Exhibit V (Depo Exh. 72), #16 Exhibit W (excerpts from Chandler depo), #17 Exhibit X (Depo Exh. 73), #18 Exhibit Y (Depo Exh. 98), #19 Exhibit Z (excerpts from Lawson depo), #20 Exhibit AA (Depo Exh. 70), #21 Exhibit BB (Depo Exh. 81), #22 Exhibit CC (Depo Exh. 69), #23 Exhibit EE (Depo Exh. 61), #24 Exhibit FF (Depo Exh. 62), #25 Exhibit GG (Depo Exh. 66), #26 Exhibit HH (Depo Exh. 67), #27 Exhibit II (Depo Exh. 74), #28 Exhibit JJ (Browning Affd), #29 Exhibit 1 to Exh. JJ (Browning Affd), #30 Exhibit 2 to Exh. JJ (Browning Affd), #31 Exhibit KK (Depo Exh. 11), #32 Exhibit LL (excerpts from 1st Ritchie depo), #33 Exhibit NN (You Long Xiang Affd), #34 Exhibit OO (Albrecht Affd), #35 Exhibit PP (excerpts from 2nd Ritchie depo), #36 Exhibit QQ (Ardern Affd), #37 Exhibit 1 to Exh. QQ (Ardern Affd), #38 Exhibit RR (Marshall Affd), #39 Exhibit SS (Depo Exh. 120), #40 Exhibit TT (Depo Exh. 12), #41 Exhibit YY (MVM2345-2350), #42 Exhibit AAA (Depo Exh. 170), #43 Exhibit BBB (Frankenberger Affd), #44 Exhibit CCC (Kent Affd))(Hinshaw, James) |
| Filing 262 MOTION to Seal Document #261 SEALED Document (Brief in Support of Motion for Partial Summary Judgment Against Copyright Act Claims), filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 261 *** SEALED PER ORDER DATED 12/28/2009 *** SEALED Supporting Brief, re #260 Motion for Partial Summary Judgment, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit E (excerpts from Green depo), # (3) Exhibit F (excerpts from Merlau depo), # (4) Exhibit G (Depo Exh. 114), # (5) Exhibit I (2d Ritchie Affd), # (6) Exhibit 1 to Exh. I (2d Ritchie Affd), # (7) Exhibit 2 to Exh. I (2d Ritchie Affd), # (8) Exhibit 3 to Exh. I (2d Ritchie Affd), # (9) Exhibit 4 to Exh. I (2d Ritchie Affd), # (10) Exhibit 5 to Exh. I (2d Ritchie Affd), # (11) Exhibit 6 to Exh. I (2d Ritchie Affd), # (12) Exhibit L (excerpts from Burkhart depo), # (13) Exhibit S (MVM2325), # (14) Exhibit DD (Depo Exh. 29), # (15) Exhibit MM (Depo Exh. 14), # (16) Exhibit UU (excerpts from Scully depo), # (17) Exhibit V-V (Depo Exh. 165), # (18) Exhibit WW (excerpts from Ward depo), # (19) Exhibit XX (excerpts from Lloyd depo), # (20) Exhibit ZZ (Depo Exh. 169))(Hinshaw, James) Modified on 12/28/2009 (SWM). |
| Filing 260 MOTION for Partial Summary Judgment Against Certain of Novelty's Copyright Act Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 259 EXHIBIT in Support of Motion re #256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit B (excerpts from Ritchie depo), #2 Exhibit G (Novelty Ans 2nd Interrogs), #3 Exhibit H (Novelty Ans 1st Interrogs), #4 Exhibit I (Novelty Ans 1st RFP), #5 Exhibit J (excerpts from Selzer depo), #6 Exhibit K (excerpts from Chandler depo), #7 Exhibit L (excerpts from Lawson depo), #8 Exhibit M (excerpts from Stidham depo), #9 Exhibit N (Depo. Exh. 78), #10 Exhibit O (Albertson Affidavit), #11 Exhibit 1 to Exh. O, Part 1, #12 Exhibit 1 to Exh. O, Part 2, #13 Exhibit 1 to Exh. O, Part 3, #14 Exhibit 1 to Exh. O, Part 4, #15 Exhibit 1 to Exh. O, Part 5, #16 Exhibit Q (Depo. Exh. 91), #17 Exhibit R (Depo. Exh. 117), #18 Exhibit S (Depo. Exh. 94), #19 Exhibit U (Depo. Exh. 96), #20 Exhibit V (Depo. Exh. 98), #21 Exhibit W (Depo. Exh. 95), #22 Exhibit Z (Novelty Supp Ans 1st Interrogs), #23 Exhibit AA (Ritchie Affidavit))(Hinshaw, James) |
| Filing 258 MOTION to Seal Document #257 SEALED Document Brief in Support of Motion for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
| Filing 257 *** SEALED PER ORDER DATED 12/23/2009 *** SEALED Supporting Brief, re #256 Motion for Partial Summary Judgment, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Cover Sheet for Sealed Document, #2 Exhibit A (excerpts from Green depo), #3 Exhibit C (Depo. Exh. 103), #4 Exhibit D (excerpts from Merlau depo), #5 Exhibit E (excerpts from Burkhart depo), #6 Exhibit F (excerpts from Kent depo), #7 Exhibit P (Depo. Exh. 114), #8 Exhibit T (Depo. Exh. 77), #9 Exhibit X (NOV282803), #10 Exhibit Y (Depo. Exh. 97))(Hinshaw, James) Modified on 12/23/2009 (SWM). |
| Filing 256 MOTION for Partial Summary Judgment Against Lanham Act Claims and State Law Claims, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 255 MOTION to Seal Document #253 SEALED Document, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Granting Motion To Seal Document)(Limrick, Michael) |
| Filing 254 EXHIBIT re #253 SEALED Document by MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A - Flame Graphics, #2 Exhibit B - Christmas Pen documents, #3 Exhibit C - May 15, 2009 email from K.Boyle, #4 Exhibit D - Skull documents, #5 Exhibit J - Water Bomb clip art, #6 Exhibit K - June 3, 2009 letter from P. Overhauser, #7 Exhibit L - June 4, 2009 letter from J. Hinshaw, #8 Exhibit N - July 27, 2007 letter from Enor International, #9 Exhibit O - Enor Patent, #10 Exhibit P - June 18, 2009 letter from T. Napier, #11 Exhibit R - June 24, 2009 letter from M. Limrick, #12 Exhibit S - June 26, 2009 letter from T. Napier, #13 Exhibit T - June 26, 2009 email from T. Napier, #14 Exhibit U - June 26, 2009 email from M. Limrick, #15 Exhibit V - March/April 2009 communications with former Novelty employees, #16 Exhibit Y - July 3, 2009 letter from T. Napier, #17 Exhibit Z - July 3, 2009 email from J. Hinshaw, #18 Exhibit AA - Christmas pen documents from R. Lawson, #19 Exhibit CC - More Christmas pen documents from R. Lawson, #20 Exhibit DD - Tank Lighter documents from M. Kent, #21 Exhibit FF - cigarette case purchase order, #22 Exhibit KK - Novelty responses to Mountain View's 2d IROGs, #23 Exhibit LL - Feb. 13, 2009 letter from K. Boyle, #24 Exhibit MM - water bomb slingshot registration)(Limrick, Michael) |
| Filing 253 *** UNSEALED PER ORDER DATED 4/21/2010 *** SEALED PER ORDER DATED 12/22/2009 *** SEALED Defendants' Pre-Hearing Brief Addressing Evidence Warranting Sanctions Against Novelty, re #223 Order on Motion for Sanctions, #239 Scheduling Order, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. *** ATTACHMENTS 2, 4, 5, 6, 8, 9, 10, 11, & 15 UNSEALED PER ORDER DATED 4/21/2010 *** (Attachments: #1 Cover Sheet for Sealed Document, #2 Exhibit E - Stidham Declaration, #3 Exhibit F - Merlau Declarations, #4 Exhibit G - Merritt Declaration, #5 Exhibit H - Brown Declaration, #6 Exhibit I - French Declaration, #7 Exhibit M - Purchase Order, #8 Exhibit Q - Merlau Dep, #9 Exhibit W - Chandler Dep, #10 Exhibit X - Dep Exh 77, Cig Case Registration Pics, #11 Exhibit BB - Lawson Dep, #12 Exhibit EE - Items Analysis, #13 Exhibit GG - Commission Program, #14 Exhibit HH - Todd Green/Ed Hsiang emails, #15 Exhibit II - Green Dep, #16 Exhibit JJ - Dep Ex 148, Novelty News, #17 Exhibit NN - 9/30/05 Novelty News)(Limrick, Michael) Modified on 12/23/2009 (SWM). Modified on 4/22/2010 (SWM). Modified on 4/22/2010 (SWM). |
|
Filing 252
ORDER granting in part and denying in part Defts' #238 Motion for Leave Relating to Summary Judgment Briefing. Defendants are granted leave to file two separate motions and briefs for summary judgment-one that address the Lanham Act and related state-law claims, and one that addresses the Copyright Act-which shall be filed no later than December 23, 2009. The page limits set forth in Local Rule 7.1(c) shall govern the briefs (including the responses and replies) for each motion. The Court is confident that thirty-five pages per opening brief will provide Defendants with more than enough space to thoroughly and effectively present their arguments. Signed by Judge Jane Magnus-Stinson on 12/17/2009. (SWM)
|
|
Filing 251
NOTICE: YOU ARE HEREBY NOTIFIED that by the attached order, the District Judge in the above-captioned matter directed the undersigned Magistrate Judge to hold an evidentiary hearing into both the timeliness and completeness of Plaintiff Novelty, Inc.'s responses to Defendant Mountain View's First and Second Requests for Production of Documents, and then to provide a report and recommendation about whether (and, if so what) sanctions should issue for Plaintiff's responses. That evidentiary hearing is currently scheduled for February 3, 2010, beginning at 9:00 a.m., in Room 361, of the United States Federal Courthouse, Indianapolis, Indiana. If the Court determines that Plaintiff's discovery responses failed to comply with the Federal Rules of Civil Procedure, the Court may impose sanctions "on the signer [of the responses], the party on whose behalf the signer was acting, or both." Because your signature appears on Plaintiffs responses to the First Requests for Production, [dkt. 194], your interests may be materially impacted at the upcoming evidentiary hearing. You are, therefore, invited to enter your appearance in this matter as an interested party and to participate at that hearing. YOU ARE ALSO NOTIFIED that Local Rule 83.5(b) requires attorneys admitted to practice before this Court to "notify the Clerk promptly" of any change of address. Signed by Judge Jane Magnus-Stinson on 12/17/2009.(SWM)
|
| Filing 250 REPLY in Support of Motion re #238 MOTION for Leave to File /Relating to Summary Judgment Briefing, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit "Lanham Act" TOC, #2 Exhibit "Copyright Act" TOC)(Hinshaw, James) |
| Filing 249 REPLY in Support of Motion re #228 MOTION to Amend/Correct #223 Order on Motion for Sanctions to Certify for Interlocutory Appeal, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 248 RESPONSE in Opposition re #238 MOTION for Leave to File /Relating to Summary Judgment Briefing, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 247 REPLY in Support of Motion re #230 MOTION for Reconsideration and Clarification, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 246
ORDER Setting Settlement Conference and Related Deadlines. SCHEDULING ORDER: Settlement Conference set for 1/22/2010 09:00 AM in room #361 before Judge Jane Magnus-Stinson. Confidential settlement statements due three business days prior to the conference (see Order for other details). Signed by Judge Jane Magnus-Stinson on 12/7/2009.(SWM)
|
| Filing 245 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Status Conference held on 12/4/2009. Discussion held regarding parties interest in scheduling a settlement conference. Counsel to confer with clients regarding available dates in January and report back to Courtroom Deputy Michelle Imel by the close of business December 4, 2009. A mutually convenient full day settlement conference will then be set. Mountain View also raised concerns about confidential information that is implicated in a related State Court appeal. The court advised such issues must be addressed by formal motion. (SWM) |
|
Filing 244
ORDER granting defts' #242 Motion to Seal Document Number 240. Signed by Judge Jane Magnus-Stinson on 12/2/09. (SWM)
|
| Filing 243 RESPONSE in Opposition re #228 MOTION to Amend/Correct #223 Order on Motion for Sanctions to Certify for Interlocutory Appeal, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 242 MOTION to Seal Document #240 SEALED Response to Motion, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to File Under Seal)(Limrick, Michael) |
| Filing 241 EXHIBIT in Support of Response in Opposition to Motion re #230 MOTION for Reconsideration and Clarification, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A - Novelty's Supplement Responses to MVM's 2d Requests for Production, #2 Exhibit D - Deposition of Tony Frankenberger, #3 Exhibit E - McLane's Supplemental Responses to First Interrogatories, #4 Exhibit G - Novelty Copyright Registration Vau638-771, #5 Exhibit H - Deposition Exhibit 67, #6 Exhibit P - Hancock County Judgment, #7 Exhibit Q - Marion County Complaint, #8 Exhibit S - Jerry Rose errata sheet, #9 Exhibit U - Limrick 6/24/09 letter to Napier, #10 Exhibit V - Napier 6/26/09 letter to Limrick, #11 Exhibit W - Hinshaw 7/3/09 email to Napier, #12 Exhibit X - Novelty 2d Cumulative Response to 2d Requests for Production, #13 Exhibit Y - Limrick 6/26/09 email to Napier)(Limrick, Michael) |
| Filing 240 *** SEALED PER ORDER DATED 12/2/2009 *** SEALED RESPONSE re #230 MOTION for Reconsideration and Clarification, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. *** ATTACHMENTS 4, 5, 6, 7, 9, 10, 11, 12, and 13 UNSEALED PER ORDER DATED 4/21/2010 *** (Attachments: # (1) Cover Sheet for Sealed Document Sealed Cover Sheet, # (2) Exhibit B - Deposition of JR Merlau, # (3) Exhibit C - Deposition of Ryan Polk, # (4) Exhibit F - Deposition of Todd Green, # (5) Exhibit I - Deposition Exhibit 77, # (6) Exhibit J - Deposition of Laura Chandler, # (7) Exhibit K - Deposition of Rick Lawson, # (8) Exhibit L - Deposition Exhibit 89, # (9) Exhibit M - Deposition of Mike Kent, # (10) Exhibit N - Deposition of Grady Rosier, # (11) Exhibit O - Deposition Exhibit 143, # (12) Exhibit R - Deposition of Jerry Rose, # (13) Exhibit T - Deposition of Brad Ritchie)(Limrick, Michael) Modified on 12/3/2009 (SWM). Modified on 4/22/2010 (SWM). |
|
Filing 239
SCHEDULING ORDER: Evidentiary Hearing set for 2/3/2010 09:00 AM in room #361 before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 11/25/2009.(CBU)
|
| Filing 238 MOTION for Leave to File /Relating to Summary Judgment Briefing, filed by Defendants MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order)(Hinshaw, James) |
|
Filing 237
SCHEDULING ORDER: Status Conference set for 12/4/2009 10:30 AM in Telephonic before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 11/20/2009.(MAC)
|
| Filing 236 REPORT On Conference by MCLANE COMPANY, INC., MOUNTAIN VIEW MARKETING, INC., NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order)(Limrick, Michael) |
|
Filing 235
ORDER granting Plaintiff's #229 Motion to Stay pending the possible reconsideration of our sanctions order (S.O.). Signed by Judge Sarah Evans Barker on 11/17/2009. (MAC)
|
|
Filing 234
ORDER granting pltfs' #233 Motion to Seal Document Number 231. Signed by Judge Jane Magnus-Stinson on 11/16/2009. (SWM)
|
| Filing 233 MOTION to Seal Document #231 SEALED Document, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Granting Leave To File Under Seal)(Overhauser, Paul) |
| Filing 232 EXHIBIT re #230 MOTION for Reconsideration and Clarification by NOVELTY, INC.. (Attachments: #1 Exhibit 1-Defendants Request For Telephonic Hearing, #2 Exhibit 2-Email 7-18-09 RE Privilege Log, #3 Exhibit 5- Invoices Showing Continued Sales of Mystical Series, #4 Exhibit 7- LEXIS Search for "Seventh Circuit Standard", #5 Exhibit 8- Novelty & Defendants' Knock off Products from Complaint, #6 Exhibit 9- Defendants' Products & Novelty Products from Amended Complaint, #7 Exhibit 10- MVM's 12/12/08 Answers to ROGs)(Overhauser, Paul) |
| Filing 231 *** SEALED PER ORDER DATED 11/16/2009 *** SEALED Memorandum in Support of Motion for Reconsideration and Clarification and Exhibits 3 and 4, re #230 Motion for Reconsideration, filed by Plaintiff NOVELTY, INC.. (Attachments: # (1) Exhibit 3-Excerpts of Jerry Rose Depo of 8/21/09, # (2) Exhibit 4-Novelty's Second Supplemental Privilege Log)(Overhauser, Paul) Modified on 11/16/2009 (SWM). |
| Filing 230 MOTION for Reconsideration and Clarification, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 229 MOTION to Stay Obligation to Produce Litigation Counsel Privileged Documents, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 228 MOTION to Amend/Correct #223 Order on Motion for Sanctions to Certify for Interlocutory Appeal, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 227
ORDER granting in part and denying in part #225 Motion for Extension of Time. Plaintiff shall have until 11/13/2009 to produce documents. (SEE ORDER FOR MORE DETAILS.) Signed by Judge Jane Magnus-Stinson on 10/27/2009. (MRI)
|
| Filing 226 RESPONSE in Opposition re #225 Emergency MOTION for Extension of Time to November 30, 2009 to Produce Documents Indicated in 10/22/09 Court Order, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit A - June 26, 2009 letter from T. Napier to J. Hinshaw, #2 Exhibit B - June 26, 2009 email from M. Limrick to T. Napier, #3 Text of Proposed Order Granting in Part and Denying in Part Novelty's Emergency Motion for Extension of Time)(Limrick, Michael) |
| Filing 225 Emergency MOTION for Extension of Time to November 30, 2009 to Produce Documents Indicated in 10/22/09 Court Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
|
Filing 224
ORDER: The District Judge has directed the Magistrate Judge to conduct an evidentiary hearing about the timeliness and completeness of Novelty's responses to Mountain View's First and Second Requests for Production of Documents. No later than three days after Novelty completes the production of documents that the District Judge has ordered, the parties should meet and confer with one another, and then report to the Court, on the following issues (see Order for details). Upon receipt of the parties' report, the Court will issue a scheduling order. Signed by Judge Jane Magnus-Stinson on 10/22/2009.(SWM)
|
|
Filing 223
ORDER granting in part and denying in part #165 Motion for Sanctions; granting in part and denying in part #180 Motion for Oral Argument. The parties will be permitted to present legal arguments in conjunction with the evidentiary hearing before the magistrate judge. (See Order). Signed by Judge Sarah Evans Barker on 10/21/2009. (MAC)
|
|
Filing 222
ORDER denying Pltf's #187 Motion to Compel (see Order for details). Signed by Judge Jane Magnus-Stinson on 10/15/2009. (SWM)
|
| Filing 221 Witness List, filed by Plaintiff NOVELTY, INC.. (Napier, Tami) |
| Filing 220 Exhibit List, filed by Plaintiff NOVELTY, INC.. (Napier, Tami) |
|
Filing 219
ORDER granting #217 Motion To Suspend Counterclaim Expert Witness and Damages Discovery Deadlines. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 9/23/2009. (MRI)
|
| Filing 218 NOTICE of Change of Address and Firm Name by Eric E. Lamb (Lamb, Eric) |
| Filing 217 MOTION to Suspend Expert Discovery Deadline as to Counterclaims and Counterclaim Damages, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Napier, Tami) |
|
Filing 216
ORDER granting #215 Counter-Defendant, Novelty, Inc.'S Motion for Extension of Time to 9/30/09 to file its witness and exhibit lists. Signed by Judge Jane Magnus-Stinson on 9/11/2009. (TMA)
|
| Filing 215 Unopposed MOTION for Extension of Time to September 30, 2009 for Counter Defendant Novelty, Inc. to File Witness and Exhibit List, filed by Counter Defendant NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Lamb, Eric) |
|
Filing 214
ORDER granting IN PART counter-deft Novelty Inc's #211 Motion to suspend deadline for expert reports and witness and exhibit lists. The deadline for Novelty's rebuttal expert disclosures as to the counterclaims shall be extended to 30 days following Mountain View's counterclaim expert designations, and Novelty's final witness and exhibit list in support of its original claims is due September 15, 2009. Additional deadlines will be set upon further order of the Court. Signed by Judge Jane Magnus-Stinson on 9/8/09. (SWM)
|
| Filing 213 ENTRY-marginal-Counsel's status report to the court has been reviewed by Magistrate Judge Magnus-Stinson on 9/8/2009.(CBU) |
| Filing 212 STATUS REPORT by MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 211 MOTION to Suspend Deadline for Counter-Defendant Novelty, Inc.'s Expert Reports and Witness and Exhibit Lists, filed by Counter Defendant NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Napier, Tami) |
| Filing 210 Witness List (Amended Preliminary), filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC., Exhibit List (Amended Preliminary), filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Christensen, Margaret) |
|
Filing 209
ORDER granting deft Mountain View Marketing Inc's #156 Motion to Compel (see Order for details). Mountain View shall, within five days, file a petition for fees and expenses that it incurred in connection with the filing of the Motion to Compel, unless the parties have been able to agree as to an appropriate amount-which the Court encourages them to do. If Mountain View files its petition, Novelty shall have three days to object to particular line items in the petition. No reply brief from Mountain View is necessary (or desired). Signed by Judge Jane Magnus Stinson on 8/28/09(SWM)
|
| Filing 208 Surreply re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Plaintiff NOVELTY, INC. (Attachments: #1 Exhibit 1-Ltr 12-12-08 Transmitting 4 CDs of Documents, #2 Exhibit 2-Michael Kent Depo Excerpts, #3 Exhibit 3-Novelty's Cumulative Reponse to Defts 2nd RFP)(SWM) |
| Filing 207 MARGINAL ENTRY granting pltf's #197 Motion for Leave to File sur-reply in opposition to motion for sanctions. Signed by Judge Jane Magnus-Stinson on 8/28/09. (SWM) |
| Filing 206 REPLY in Support of Motion re #197 MOTION for Leave to File Sur-Reply in Opposition to Motion for Sanctions [Dkt. No. 165, 181], filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit 1-8-25-09 Hinshaw Letter Transmitting Pictures)(Overhauser, Paul) |
|
Filing 205
ORDER granting pltf's #202 Motion to Seal Document Number 201. Signed by Judge Jane Magnus-Stinson on 8/25/09. (SWM)
|
|
Filing 204
ORDER granting defts' #200 Motion to Seal Document Number 198. Signed by Judge Jane Magnus-Stinson on 8/25/09. (SWM)
|
|
Filing 203
ORDER granting defts' #196 Motion to file brief and accompanying exhibits A, B,C and D under seal (Dkt. No. 195). Signed by Judge Jane Magnus-Stinson on 8/24/09. (SWM)
|
| Filing 202 MOTION to Seal Document #201 SEALED Reply in support of Motion To Compel, filed by Plaintiff NOVELTY, INC. (Attachments: #1 Text of Proposed Order Granting Motion To File Response And Exhibits Under Seal)(Overhauser, Paul) Modified to eliminate double wording in docket text on 8/25/2009 (LBK). |
| Filing 201 *** SEALED PER ORDER DATED 8/25/2009 *** SEALED REPLY in support of Motion re #187 MOTION to Compel Discovery, filed by Plaintiff NOVELTY, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit A - Representative Discovery Requests & Responses, # (3) Exhibit B - Deposition Excerpts of Mountain View President Jerry Rose)(Overhauser, Paul) Modified on 8/26/2009 (SWM). |
| Filing 200 MOTION to Seal Document #198 SEALED Response to Motion, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to File Response Under Seal)(Limrick, Michael) |
| Filing 199 EXHIBIT in Support of Response in Opposition to Motion re #197 MOTION for Leave to File Sur-Reply in Opposition to Motion for Sanctions [Dkt. No. 165, 181], filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit PP - Excerpt from Novelty Responses to MVM 2d Interrogatories)(Limrick, Michael) |
| Filing 198 *** UNSEALED PER ORDER DATED 4/21/2010 SEALED PER ORDER DATED 8/25/2009 *** SEALED RESPONSE re #197 MOTION for Leave to File Sur-Reply in Opposition to Motion for Sanctions *** [Dkt. No. 165, 181], filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Cover Sheet for Sealed Document, #2 Exhibit QQ - Excerpts From Deposition of Todd Green)(Limrick, Michael) Modified on 8/26/2009 (SWM). Modified on 4/22/2010 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 197 MOTION for Leave to File Sur-Reply in Opposition to Motion for Sanctions [Dkt. No. 165, 181], filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Proposed Surreply, #2 Exhibit 1-Ltr 12-12-08 Transmitting 4 CDs of Documents, #3 Exhibit 2-Michael Kent Depo Excerpts, #4 Exhibit 3-Novelty's Cumulative Response to Defts 2nd RFP)(Overhauser, Paul) |
| Filing 196 MOTION to Seal Document #195 SEALED Response to Motion, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Text of Proposed Order Granting Motion To File Response And Exhibits Under Seal)(Limrick, Michael) |
| Filing 195 *** SEALED PER ORDER DATED 8/24/2009 *** SEALED RESPONSE re #187 MOTION to Compel Discovery, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: # (1) Cover Sheet for Sealed Document, # (2) Exhibit A - December 14, 2007 letter, # (3) Exhibit B - Mike Kent Deposition Excerpt, # (4) Exhibit C - Deposition Exhibit 89, # (5) Exhibit D - Novelty Responses to MVM Third Interrogatories)(Limrick, Michael) Modified on 8/25/2009 (SWM). |
| Filing 194 EXHIBIT in Support of Reply in Support of Motion re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit LL - Feb. 8, 2008 Responses to First RFP, #2 Exhibit MM - May 13, 2008 Responses to First RFP, #3 Exhibit NN - July 14, 2008 Responses to First RFP, #4 Exhibit OO - December 12, 2008 Responses to First RFP)(Limrick, Michael) |
|
Filing 193
ORDER re Defts' #165 Emergency MOTION for Sanctions. To ensure proper consideration of Defendants' motion, Defendants are ORDERED to file Plaintiff's written responses to the First RFP, together with any subsequent iterations that may have been served with any supplementations, no later than August 19, 2009. (Defendants need not file any of the documents that were produced in response to the First RFP.) - See Order for other details. Signed by Judge Jane Magnus-Stinson on 8/17/2009.(SWM)
|
| Filing 192 Statement Pursuant to Court Order [Dkt. 191] by NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 191
ORDER: In Plaintiffs brief filed in support of its Motion to Bifurcate and Stay Defendants Counterclaims and Related Discovery, Plaintiff indicates that its counsel maysubmit evidence and testimony regarding Plaintiffs good faith basis for filing its claims, if the Court does not bifurcate the trial of this matter. [Dkt. 137 at 3.] Thus, although no answer has yet been filed to the counterclaims, it appears that Plaintiff contemplates relying upon an advice-of-counsel defense. Pursuant to Federal Rule of Civil Procedure 16(c)(2)(A), Plaintiff shallno later than August 17, 2009file a statement indicating whether Plaintiff actually intends to invoke an advice-of-counsel defense if any of the counterclaims survive a motion to dismiss. Defendants Emergency Motion for Sanctions [Dkt. 165] remains under advisement before the District Judge. All case management deadlines for Defendants only are suspendedpending ruling on that motion. Signed by Judge Jane Magnus-Stinson on 8/12/2009.(MRI)
|
| Filing 190 Marginal Entry on Novelty's Status Report Regarding Novelty's Reponses to Deft's Third Set of Interrogatories - Reviewed by magistrate judge. Signed by Judge Jane Magnus-Stinson on 8/12/2009.(MRI) |
| Filing 189 STATUS REPORT Regarding Novelty's Responses to Defendant's Third Set of Interrogatories by NOVELTY, INC.. (Attachments: #1 Exhibit 1-Novelty's Answers to MVMs' 3rd Interrogatories, #2 Exhibit 2-Novelty's 7/31/09 Letter Transmitting Answers to 3rd Rogs)(Lamb, Eric) |
| Filing 188 MARGINAL ENTRY re #186 Status Report. Report reviewed by magistrate judge. Signed by Judge Jane Magnus-Stinson on 8/11/2009.(SWM) |
| Filing 187 MOTION to Compel Discovery, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 186 STATUS REPORT Regarding Novelty's Responses to Defendant's Third Set of Interrogatories by MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
|
Filing 185
ORDER: In their Reply in support of their Emergency Motion for Sanctions, Defendants claim that Plaintiff may be in violation of the Court's Order of July 23, 2009. [Dkt. 181 at 2.] That Order required Plaintiff to answer Defendant Mount View Marketing, Inc.'s Third Set of Interrogatories to Plaintiff Novelty, Inc. (the Interrogatories) by July 31, 2009. [Dkt. 177.] As of the date of Defendants' Reply, which was August 3, 2009, Defendants claim that they had not yet received responses to the Interrogatories. Neither side has updated the Court as to when (if at all) Defendants received the responses to the Interrogatories. Plaintiff is ORDERED to file its responses to the Interrogatories no later than August 12, 2009. Signed by Judge Jane Magnus-Stinson on 8/10/2009.(SWM)
|
|
Filing 184
ORDER granting defts' #183 Motion to Seal Document No. 181. Signed by Judge Jane Magnus-Stinson on 8/4/2009. (SWM)
|
| Filing 183 MOTION to Seal Document #181 SEALED Reply in support of Motion And Accompanying Exhibit II, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Text of Proposed Order Granting Motion to File Reply and Accompanying Exhibit II Under Seal)(Limrick, Michael) |
| Filing 182 EXHIBIT in Support of Reply in Support of Motion re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit JJ - Novelty's Supplemental Responses to Second Requests for Production, #2 Exhibit KK - Novelty's Cumulative Responses to Second Requests for Production)(Limrick, Michael) |
| Filing 181 *** UNSEALED PER ORDER DATED 4/21/2010 *** SEALED PER ORDER DATED 8/4/2009 *** SEALED REPLY in support of Motion re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: # (1) Exhibit II - Additional Excerpts from Mike Kent Deposition, # (2) Cover Sheet for Sealed Document)(Limrick, Michael) Modified on 8/4/2009 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 180 MOTION to Request Hearing, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 179 RESPONSE in Opposition re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T)(Overhauser, Paul) |
| Filing 178 ENTRY Concerning Pending Discovery (see Entry for details). Signed by Judge Jane Magnus-Stinson on 7/28/09.(SWM) |
|
Filing 177
ENTRY FOLLOWING HEARING: The parties appeared by counsel on July 22, 2009 for a hearing on Plaintiff's Motion for Protective Order. [Dkt. 171.] Cathy Jones was the Court Reporter. Exercising the Court's previously announced discretion to hear argument on other pending motions [dkt. 173 3], the Court heard arguments on Defendant Market View Marketing, Inc.'s (fully briefed) Motion to Compel Production of Documents (the Motion to Compel) [dkt. 156]. It also permitted the parties to address, to the extent that they wished, Defendants' Emergency Motion for Sanctions Pursuant to Federal Rule of Civil Procedure 37 and This Court's Inherent Authority (the Motion for Sanctions) [dkt. 165]. The Court recognized, however, that Plaintiff has not yet filed a response brief and of course would be permitted to do so. The Motion for Protective Order #171 is GRANTED IN PART and DENIED IN PART. Ms. Napier confirmed that she requested that Judge Lynch permit the briefing that resulted in the Motion to Compel, which the Court now takes UNDER ADVISEMENT (see Entry for other details). Signed by Judge Jane Magnus-Stinson on 7/23/2009. (SWM) Modified on 7/23/2009 (SWM).
|
| Filing 176 NOTICE Regarding Recent Production Of Documents By Novelty, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC., re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, #173 OrderScheduling Order. (Limrick, Michael) |
|
Filing 175
ORDER granting defts' #169 Motion to Seal Document Number 166. Signed by Judge Jane Magnus-Stinson on 7/22/2009. (SWM)
|
| Filing 174 EXHIBIT in Support of Response in Opposition to Motion re #171 MOTION for Protective Order , Affidavit of Glenda Smith, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
|
Filing 173
ORDER - Presently before the Court is Plaintiffs Motion for Protective Order (the Motion). [Dkt. 171.] There, Plaintiff seeks a protective order from a Rule 30(b)(6) deposition noticed for currently July 22, 2009. The Court now ORDERS as follows: 1. Compliance with the 30(b)(6) notice attached as Exhibit A to the Motion [Dkt.171-2] is STAYED pending ruling on Plaintiffs Motion. 2. Briefing on the Motion is STAYED. 3. The Motion is set for oral argument on July 22, 2009 at 9:00 a.m. in Room 349, U.S. Courthouse, Indianapolis, Indiana. Each side will be allocated up to twenty minutes for argument. Counsel should also be prepared to address other pending motions, at the Court's discretion. Signed by Judge Jane Magnus-Stinson on 7/21/2009.(MRI)
|
| Filing 172 RESPONSE in Opposition re #171 MOTION for Protective Order, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit A - Emails re deposition scheduling, #2 Exhibit B - Limrick's July 13 letter, #3 Exhibit C - Limrick's July 13 vacation emails, #4 Exhibit D - Overhauser July 14 email, #5 Exhibit E - Hinshaw July 15 email, #6 Exhibit F - Hinshaw July 16 email, #7 Exhibit G - Hinshaw July 18 email (1), #8 Exhibit H - July 18 email exchange between counsel)(Limrick, Michael) |
| Filing 171 MOTION for Protective Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Amended Notice of 30(b)(6) Deposition, #2 Exhibit B-Email Confirming Meet and Confer)(Overhauser, Paul) |
| Filing 170 REPLY in Support of Motion re #156 MOTION to Compel Production of Documents, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 169 MOTION to Seal Document #166 SEALED Document, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Text of Proposed Order Granting Leave To File Under Seal)(Limrick, Michael) |
| Filing 168 CERTIFICATE of Counsel re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority by Michael R. Limrick on behalf of all defendants (Limrick, Michael) |
| Filing 167 EXHIBIT in Support of Motion re #165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit A - Mountain View's First Requests For Production, #2 Exhibit B - Mountain View's 2d RFPs and Novelty's Responses, #3 Exhibit C - May 15, 2009 E-mail From K. Boyle to M. Limrick, #4 Exhibit D - Mountain View's Third Interrogatories to Novelty, #5 Exhibit E - June 24, 2009 Limrick letter to Novelty Counsel, #6 Exhibit F - June 26, 2009 Napier e-mail (12:57 p.m.), #7 Exhibit G - June 26, 2009 Limrick e-mail (1:18 p.m.), #8 Exhibit H - June 26, 2009 Napier letter, #9 Exhibit I - June 26, 2009 Limrick e-mail (3:46 p.m.), #10 Exhibit J - Limrick e-mail to M. Imel, #11 Exhibit K - June 29, 2009 Napier e-mail, #12 Exhibit L - June 30, 2009 Napier e-mail, #13 Exhibit M - June 30, 2009 Limrick e-mail, #14 Exhibit N - July 3, 2009 Napier letter and privilege log, #15 Exhibit O - July 13, 2009 Limrick letter, #16 Exhibit P - July 3, 2009 Hinshaw e-mail, #17 Exhibit Q - July 14, 2009 Novelty Privilege Log, #18 Exhibit Y - July 9, 2009 Lamb e-mail, #19 Exhibit AA - July 13, 2009 Limrick vacation e-mails, #20 Exhibit BB - July 14, 2009 Overhauser email, #21 Exhibit CC - July 15, 2009 Hinshaw e-mail, #22 Exhibit EE - July 16, 2009 Hinshaw e-mail, #23 Exhibit FF - July 18, 2009 Hinshaw e-mail, #24 Exhibit HH - Novelty's Responses to Mountain View's 2d Interrogatories)(Limrick, Michael) |
| Filing 166 *** SEALED PER ORDER DATED 7/22/09 *** SEALED Brief In Support Of Emergency Motion For Sanctions And Exhibits R, S, T, U, V, W, X, Z, DD, and GG, re #165 Motion for Sanctions, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. *** ATTACHMENTS 2, 3, 4, 5, 6, 7, 9, 10 and 11 UNSEALED PER ORDER DATED 4/21/2010 *** (Attachments: #1 Brief In Support Of Emergency Motion For Sanctions, #2 Exhibit R - NOV 281118-128, #3 Exhibit S - Rough Transcript of Laura Chandler, #4 Exhibit U - Rough Transcript of Rick Lawson, #5 Exhibit V - Deposition Exhibit 80, #6 Exhibit W - Deposition Exhibit 81, #7 Exhibit X - Deposition of Mike Kent, #8 Exhibit Z - Deposition Exhibit 89, #9 Exhibit DD - Rough Transcript of JR Merlau, #10 Exhibit GG - Deposition Exhibit 91, #11 Exhibit T - NOV 280886-889)(Limrick, Michael) Modified on 7/22/2009 (SWM). Modified on 4/22/2010 (SWM). |
| Filing 165 Emergency MOTION for Sanctions Pursuant To Federal Rule Of Civil Procedure 37 And This Court's Inherent Authority, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
|
Filing 164
ORDER granting #162 Motion to Withdraw as Attorney. Attorney Kevin M. Boyle withdrawn. Signed by Judge Sarah Evans Barker on 7/16/2009. (MAC)
|
| Filing 163 RESPONSE in Opposition re #156 MOTION to Compel Production of Documents, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Novelty's Supp Responses to 2nd RFPs-7-10-09, #2 Exhibit B-Novelty's Supp Responses to 2nd RFPs-7-13-09)(Lamb, Eric) |
| Filing 162 MOTION to Withdraw as Attorney, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Boyle, Kevin) |
|
Filing 161
ENTRY Following Deposition Telephone Conference. Today, the parties telephoned the Court in the middle of a deposition to resolve a privilege dispute over documents that had been marked as an exhibit in a previous deposition. The Court ordered the parties to proceed with the deposition, subject to the limitations in the stipulation that the parties had previously reached, concerning the use of the documents, which stipulation the Court approved (see Order for other details). Signed by Judge Jane Magnus-Stinson on 7/9/09.(SWM)
|
| Filing 160 REPLY in Support of Motion re #144 MOTION to Dismiss Defendants' Counterclaims, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit C-Agreement Between Novelty & Defendants, #2 Exhibit D-Novelty's Unicorn Copyright)(Overhauser, Paul) |
| Filing 159 Corporate Disclosure Statement by MOUNTAIN VIEW MARKETING, INC. identifying Corporate Parent Pugsgear, Inc. for MOUNTAIN VIEW MARKETING, INC... (Limrick, Michael) |
| Filing 158 CERTIFICATE of Counsel re #157 Brief/Memorandum in Support of Motion, #156 MOTION to Compel Production of Documents by Michael R. Limrick on behalf of MOUNTAIN VIEW MARKETING, INC. (Limrick, Michael) |
| Filing 157 BRIEF/MEMORANDUM in Support re #156 MOTION to Compel Production of Documents, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Exhibit A - Mountain View Requests For Production and Novelty Responses, #2 Exhibit B - Limrick letter of June 24, 2009, #3 Exhibit C - Napier email of June 26, 2009, #4 Exhibit D - Limrick email #1 to Napier of June 26, 2009, #5 Exhibit E - Napier letter of June 26, 2009, #6 Exhibit F - Limrick email #2 to Napier of June 26, 2009, #7 Exhibit G - Limrick email to M. Imel of June 26, 2009, #8 Exhibit H - Napier email of June 29, 2009, #9 Exhibit I - Napier email of June 30, 2009, #10 Exhibit J - Limrick email of June 30, 2009)(Limrick, Michael) |
| Filing 156 MOTION to Compel Production of Documents, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 155 Minute Entry for proceedings held before Magistrate Judge Debra McVicker Lynch. Discovery Conference held on 7/1/2009. See order. (LH) |
|
Filing 154
ENTRY FOR JUNE 29, 2009. SCHEDULING ORDER: This cause is set for a telephonic status conference on 7/1/2009 01:00 PM. Counsel shall call the Court at 317-229-3630. Signed by Magistrate Judge Debra McVicker Lynch on 6/29/2009.(MRI)
|
|
Filing 153
ORDER denying Novelty's #142 Motion for Reconsideration. To the extent that the Motion is deemed an objection to the Magistrate Judges Entry, we OVERRULE the objection and affirm the Magistrate Judges Entry in all respects. (S.O.). Signed by Judge Sarah Evans Barker on 6/24/2009. (MAC)
|
| Filing 152 REPLY in Support of Motion re #136 MOTION to Bifurcate, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 151 RESPONSE in Opposition re #144 MOTION to Dismiss Defendants' Counterclaims, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 150 NOTICE of Service of Initial Disclosures (Third Amended), filed by Plaintiff NOVELTY, INC.. (Napier, Tami) |
| Filing 149 REPLY in Support of Motion re #142 MOTION for Reconsideration and Objection re #141 ENTRY FOLLOWING TELEPHONE CONFERENCE, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 148 NOTICE of Appearance by Tami L. Napier on behalf of Plaintiff NOVELTY, INC.. (Napier, Tami) |
| Filing 147 RESPONSE in Opposition re #136 MOTION to Bifurcate, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 146 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Status Conference held on 6/8/2009 and discussion held regarding upcoming motions plaintiff intends to file: Motion to Challenge Confidential Designation; Motion To Have Request For Admissions Deemed Admitted. (SWM) |
| Filing 145 BRIEF/MEMORANDUM in Support re #144 MOTION to Dismiss Defendants' Counterclaims, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Chart of Novelty Products/Copyrights and Defendants' Infringing Knock-Offs, #2 Exhibit B-Order Denying Defendants' Motion for Summary Judgment in State Court Case)(Overhauser, Paul) |
| Filing 144 MOTION to Dismiss Defendants' Counterclaims, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 143 RESPONSE in Opposition re #142 MOTION for Reconsideration and Objection re #141 ENTRY FOLLOWING TELEPHONE CONFERENCE, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 142 MOTION for Reconsideration and Objection re #141 ENTRY FOLLOWING TELEPHONE CONFERENCE, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 141
ENTRY FOLLOWING TELEPHONE CONFERENCE and ORDER granting in part and denying in part #131 Motion for Leave to Serve Additional Interrogatories; denying #139 Motion for Extension of Time to File answer to counterclaims; granting in part and denying in part #140 Motion for Protective Order. (SEE ORDER FOR DETAILS). Signed by Judge Jane Magnus-Stinson on 5/29/2009. (MRI)
|
| Filing 140 MOTION for Protective Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Amended Notice of 30(b)(6) Depo, #2 Exhibit B-2nd Notice of 30(b)(6) Depo, #3 Text of Proposed Order)(Overhauser, Paul) |
| Filing 139 MOTION for Extension of Time to at least 30 days after the Court's ruling on Novelty's contemporaneously filed motions, or until after full disposition of Novelty's underlying claims., filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Overhauser, Paul) |
| Filing 138 RESPONSE in Opposition re #131 MOTION for Discovery Requesting Leave To Serve Additional Interrogatories, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Product Chart, #2 Exhibit B-Design Documents, #3 Exhibit C-MVM's 2nd RFPs to Novelty, #4 Text of Proposed Order)(Overhauser, Paul) |
| Filing 137 BRIEF/MEMORANDUM in Support re #136 MOTION to Bifurcate, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Product Chart, #2 Exhibit B-Design Documents)(Overhauser, Paul) |
| Filing 136 MOTION to Bifurcate, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 135 REPORT of Agenda for May 28, 2009 Discovery Conference by MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
|
Filing 134
SCHEDULING ORDER: Discovery Conference set for 5/28/2009 01:00 PM in Telephonic before Judge Jane Magnus-Stinson. A joint agenda listing the issues to be discussed shall be filed no later than noon on May 27, 2009. Signed by Judge Jane Magnus-Stinson on 5/21/2009.(SWM)
|
| Filing 133 ANSWER to #128 Amended Complaint, filed by MOUNTAIN VIEW MARKETING, INC..(Limrick, Michael) |
| Filing 132 ANSWER to #128 Amended Complaint, filed by MCLANE COMPANY, INC..(Limrick, Michael) |
| Filing 131 MOTION for Discovery Requesting Leave To Serve Additional Interrogatories, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Attachments: #1 Text of Proposed Order Granting Leave To Serve Additional Interrogatories)(Limrick, Michael) |
|
Filing 130
ORDER granting #129 Motion for Extension of Time to File Response to Defendants' Counterclaims to 6/17/09. Signed by Judge Jane Magnus-Stinson on 5/11/2009. (MRI)
|
| Filing 129 MOTION for Extension of Time to 6/17/2009 in which to #126 Counterclaim, #127 Counterclaim of Defendants, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Boyle, Kevin) |
| Filing 128 AMENDED COMPLAINT and DEMAND for JURY TRIAL (Second Amended Complaint) against all defendants, filed by NOVELTY, INC. (Attachments: #1 Exhibit 1)(SWM) |
| Filing 127 **ORDERED STRICKEN PER #380 ** COUNTERCLAIM against NOVELTY, INC., filed by MOUNTAIN VIEW MARKETING, INC.(SWM) Modified on 3/30/2010 (MAC). |
| Filing 126 **ORDERED STRICKEN PER #380 **COUNTERCLAIM against NOVELTY, INC., filed by MCLANE COMPANY, INC. (SWM) Modified on 3/30/2010 (MAC). |
|
Filing 125
ORDER granting defts' #117 Motion to Amend Answers for purpose of asserting counterclaims. ORDER granting pltf's #118 Motion for Leave to File second amended complaint. The parties are permitted twenty days to answer the new pleadings. The Court further finds that the deadlines currently in place in the Revised Amended Case Management Plan are sufficient to accommodate the amended pleadings. No extensions will be permitted (see Order for other details). Signed by Judge Jane Magnus-Stinson on 4/27/2009. (SWM)
|
| Filing 124 REPLY in Support of Motion re #118 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Lamb, Eric) |
| Filing 123 REPLY in Support of Motion re #117 MOTION to Amend/Correct #97 Answer to Amended Complaint, #98 Answer to Amended Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 122 RESPONSE in Opposition re #117 MOTION to Amend/Correct #97 Answer to Amended Complaint, #98 Answer to Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Lamb, Eric) |
| Filing 121 EXHIBIT 5 (Manuel Filing 1 CD) re #119 Response in Opposition to Motion, #118 MOTION for Leave to File Second Amended Complaint by MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (MAC) |
| Filing 120 NOTICE of Filing (Manually) Exhibit 5 to Defendants' Opposition to Novelty's Motion For Leave To File Second Amended Complaint by all defendants (Limrick, Michael) |
| Filing 119 RESPONSE in Opposition re #118 MOTION for Leave to File Second Amended Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - P. Overhauser letter to copyright office, #2 Exhibit 2 - J. Hinshaw letter to P. Overhauser, #3 Exhibit 3 - Novelty spreadsheet exhibit to interrogatory responses, #4 Exhibit 4 - Brad Ritchie deposition transcript excerpt)(Limrick, Michael) |
| Filing 118 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Second Amended Complaint, #2 Exhibit A-1-Spreadsheet to Second Amended Complaint, #3 Text of Proposed Order Proposed Order)(Overhauser, Paul) |
| Filing 117 MOTION to Amend/Correct #97 Answer to Amended Complaint, #98 Answer to Amended Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Counterclaims of Defendant Mountain View Marketing, #2 Exhibit 2 - Counterclaims of Defendant McLane Company, Inc., #3 Text of Proposed Order Granting Motion For Leave To Amend)(Limrick, Michael) |
| Filing 116 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Status Conference held on 3/5/2009 and parties report progress on discovery. Plaintiff anticipates filing a motion to amend to possibly remove accused products from the case. The court encourages the parties to present an agreed motion to amend and order. Additional status conference set for June 8, 2009 at 9:00 a.m. Counsel to call the court at the number provided. (SWM) |
| Filing 115 ENTRY for 2/26/2009 - Magistrate Judge Jane Magnus-Stinson: The case status conference, TIME ONLY, set for March 5, 2009 is RESET for 9:30 A.M., in Room 361, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. (SWM) |
| Filing 114 Submission of Preliminary Witness and Exhibit Lists, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 113 Submission of Signature Requirement re #112 Witness List by NOVELTY, INC.. (Boyle, Kevin) |
| Filing 112 Witness List and Exhibit List (Preliminary), filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 111 NOTICE of Service of Initial Disclosures (Amended), filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 110 NOTICE of Service of Initial Disclosures (Second Amended), filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
| Filing 109 ENTRY for 1/6/2009 Discovery Conference (See Entry). Signed by Judge Jane Magnus-Stinson on 1/7/09.(SWM) |
|
Filing 108
SCHEDULING ORDER:Discovery Conference set for 1/6/2009 04:30 PM in Telephonic before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 12/22/08.(SWM)
|
| Filing 107 ENTRY FOR DECEMBER 17, 2009: Based on Amended Case Management Plan, the 1/7/09 final PTC and 1/21/09 trial dates are VACATED. Final Pretrial Conference reset for 6/1/2010 at 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial reset for 6/14/2010 at 09:30 AM in room #216 before Judge Sarah Evans Barker. In view of the Expense and Delay Reduction Plan adopted by this District to implement the Civil Justice Reform Act, no continuances of this date are anticipated, absent extraordinary circumstances.(LBK) |
|
Filing 106
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED (Revised Amended CMP). Dispositive Motions due by 11/30/2009. If the required conference under LR 37.1 does not resolve discovery issues that may arise, the parties are advised to request a phone status conference prior to filing any motion to compel or for protective order. Additionally, the parties are advised to not only number but to add a descriptive identifier for any exhibits which are electronically filed (See Order for example and other instructions). Signed by Judge Jane Magnus-Stinson on 12/11/08.(SWM)
|
| Filing 105 Submission of Revised Amendment to Case Management Plan, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
|
Filing 104
ORDER re #101 Amended CMP. CMP DISAPPROVED. Amended CMP to follow. Signed by Judge Jane Magnus-Stinson on 12/5/08.(SWM)
|
| Filing 103 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Status Conference held on 12/4/2008 and differences in the proposed amended CMP are resolved. Defts to submit revised version containing the final changes w/i 5 business days. SCHEDULING ORDER: Case Status Conference set for 3/5/2009 01:00 PM in room #256 before Judge Jane Magnus-Stinson to address status of discovery and scheduling of settlement conference. (SWM) |
|
Filing 102
SCHEDULING ORDER: Status Conference set for 12/4/2008 03:00 PM in Telephonic before Judge Jane Magnus-Stinson to discuss the proposed amended CMP. Counsel to call the court at the number provided. Signed by Judge Jane Magnus-Stinson on 12/3/08.(SWM)
|
| Filing 101 Submission of Proposed Amended Case Management Plan, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 100 MARGINAL ENTRY re #99 Joint Stipulation. Stipulation reviewed by Magistrate Judge. Signed by Judge Jane Magnus-Stinson on 11/14/08.(SWM) |
| Filing 99 STIPULATION (Joint) Regarding Supplementation of Discovery Responses, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 98 ANSWER to #96 Amended Complaint and Affirmative Defenses, filed by MCLANE COMPANY, INC..(Hinshaw, James) |
| Filing 97 ANSWER to #96 Amended Complaint and Affirmative Defenses, filed by MOUNTAIN VIEW MARKETING, INC..(Hinshaw, James) |
| Filing 96 AMENDED COMPLAINT and INJUNCTIVE RELIEF and DEMAND for JURY TRIAL against all defendants, filed by NOVELTY, INC. (Attachments: #1 Exhibit A)(SWM) |
|
Filing 95
ORDER granting pltf's #92 Motion for Leave to File amended complaint.The parties shall submit a revised CMP no later than 20 days following defts' answer to the amended complaint. Signed by Judge Jane Magnus-Stinson on 10/24/08. (SWM)
|
| Filing 94 REPLY in Support of Motion re #92 MOTION for Leave to File First Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
| Filing 93 RESPONSE in Opposition re #92 MOTION for Leave to File First Amended Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 92 MOTION for Leave to File First Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-First Amended Complaint, #2 Exhibit A-To the Amended Complaint, #3 Text of Proposed Order)(Boyle, Kevin) |
|
Filing 91
ORDER granting pltf's #90 Motion for Extension of Time to File renewed motion for leave to file amended complaint to 9/17/08. Signed by Judge Jane Magnus-Stinson on 8/15/08. (SWM)
|
| Filing 90 Unopposed MOTION for Extension of Time to 30 days To File Renewed Motion for Leave to File Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Boyle, Kevin) |
|
Filing 89
ENTRY denying pltf's #85 Motion for Leave to File Amended Complaint. Pltf shall file a renewed motion for leave to amend its complaint w/i twenty calendar days of this order. Further briefing on the motion will be in accordance with L.R. 7.1 (See Entry). Signed by Judge Jane Magnus-Stinson on 7/29/08. (SWM)
|
| Filing 88 REPLY in Support of Motion re #85 MOTION for Leave to File First Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
| Filing 87 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Status Conference held on 7/16/2008 and parties report discovery proceeding smoothly at this point. Further scheduling will occur following completion of briefing and ruling on the pending Motion to Amend. (SWM) |
| Filing 86 RESPONSE in Opposition re #85 MOTION for Leave to File First Amended Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - 11/26/07 letter to copyright office for unicorn registration)(Limrick, Michael) |
| Filing 85 MOTION for Leave to File First Amended Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-First Amended Complaint, #2 Exhibit A-To the Amended Complaint (List), #3 Text of Proposed Order)(Boyle, Kevin) |
| Filing 84 ENTRY for 6/19/08 Conference: The parties appeared by counsel by telephone for a conference regarding discovery issues as outlined in their agenda submitted 6/17/08 (Dkt. #83). The parties set forth their respective positions, and the magistrate judge ruled as follows (See Entry). Signed by Judge Jane Magnus-Stinson on 6/20/08.(SWM) |
| Filing 83 Submission of Agenda for June 19, 2008 Conference, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Novelty's answers to Defendants' Interrogatories, #2 Exhibit 2 - 5-13-08 letter from Novelty to Defendants, #3 Exhibit 3 - Mountain View's Responses to Novelty's Interrogatories)(Limrick, Michael) |
|
Filing 82
ENTRY granting in part and denying in part pltf's #78 Motion to Reset CMP Deadlines and Deadline for Amending Complaint (See Entry). SCHEDULING ORDER: Status Conference set for 7/16/2008 10:30 AM in room #256 before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 6/16/08. (SWM)
|
| Filing 81 Surreply re #78 MOTION to Reset Case Management Plan Deadlines and Deadline for Amending Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 80 REPLY in Support of Motion re #78 MOTION to Reset Case Management Plan Deadlines and Deadline for Amending Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-5-27-08 Lamb & Limrick Email)(Overhauser, Paul) |
| Filing 79 RESPONSE in Opposition re #78 MOTION to Reset Case Management Plan Deadlines and Deadline for Amending Complaint, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Plaintiff's Third Request for Inspection, #2 Exhibit 2 - Plaintiff's Fourth Request For Production, #3 Exhibit 3 - Plaintiff's "Exhibit A")(Limrick, Michael) |
| Filing 78 MOTION to Reset Case Management Plan Deadlines and Deadline for Amending Complaint, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Lamb, Eric) |
| Filing 77 ENTRY for 5/5/08 Status Conference: The parties appeared by counsel by telephone for a status conference before the magistrate judge. Pltf asserts that Defts should produce pictures or exemplars of all novelty products and lighters in the possession of Deft's or their liquidator. Defts object, citing this Court's prior entry on the issue of the scope of discovery (See Entry). Signed by Judge Jane Magnus-Stinson on 5/6/08.(SWM) |
| Filing 76 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Status Conference held on 5/5/2008 and parties address recent discovery request submitted by pltf. Separate entry to follow. (SWM) |
| Filing 75 ENTRY re #71 Submission of response to the Court's "Entry" for 4/21/08 Discovery Conference. Submission reviewed by Magistrate Judge (Marginal Entry). Signed by Judge Jane Magnus-Stinson on 5/5/08.(SWM) |
| Filing 74 Submission Of Response To Novelty's May 1 Submission, filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 73 NOTICE of filing Novelty's Response to Mountain View's Sumission of April 28, 2008, filed by Plaintiff NOVELTY, INC., re #71 Submission. (Overhauser, Paul) |
| Filing 72 ENTRY denying as moot pltf's #70 Motion for Extension of Time to amend pleadings. See Dkt. #69 (Marginal Entry). Signed by Judge Jane Magnus-Stinson on 4/28/08. (SWM) |
| Filing 71 Submission Of Response To The Court's "Entry For April 21, 2008 Discovery Conference", filed by Defendant MOUNTAIN VIEW MARKETING, INC.. (Limrick, Michael) |
| Filing 70 Unopposed MOTION for Extension of Time to 6/15/2008 to Amend Pleadings, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
|
Filing 69
ENTRY for 4/21/08 Discovery Conference. The parties appeared in person by counsel for a discovery conference before the magistrate judge, at which the following was discussed and determined (See Entry.) SCHEDULING ORDER: Status Conference set for 5/5/2008 04:00 PM in Telephonic before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 4/23/08.(SWM)
|
| Filing 68 Submission of Joint Agenda for April 21, 2008 Discovery Conference, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1-CK Group-Subpoena, #2 Exhibit 2-3rd RFPs to Mt. View)(Overhauser, Paul) |
| Filing 67 ENTRY for 4/18/08 - Magistrate Judge Jane Magnus-Stinson: Discovery Conference set for 4/21/2008 09:00 AM in room #256 before Judge Jane Magnus-Stinson. Parties shall jointly submit a short agenda outlining the issues by 2:00 p.m. today. (SWM) |
| Filing 66 Submission of State Court Order, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - State Court Order)(Limrick, Michael) |
|
Filing 65
ORDER granting pltf's #63 Motion to reset CMP deadlines for experts. Pltf's expert disclosure deadline extended to 5/31/08. Defts' shall disclose their expert information 60 days thereafter. Signed by Judge Jane Magnus-Stinson on 4/1/08. (SWM)
|
|
Filing 64
ORDER denying defendants' #41 Motion for Writ of Prohibition (S.O.). Signed by Judge Sarah Evans Barker on 3/28/08. (MAC)
|
| Filing 63 MOTION for Extension of Time to May 31, 2008 for Case Management Plan Deadlines for Experts, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Boyle, Kevin) |
| Filing 62 Submission Of Response To Order To Show Cause Why State-Court Proceeding Should Not Be Dismissed As Moot, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Limrick e-mail to Overhauser, #2 Exhibit 2 - Overhauser e-mail to Limrick, #3 Exhibit 3 - Limrick & Overhauser e-mail exchange)(Limrick, Michael) |
| Filing 61 Submission of Plaintiff's Response to March 20, 2008 Order to Show Cause, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
|
Filing 60
ENTRY granting in part and denying in part defts' #38 Motion to limit pltf's non-party discovery. ENTRY granting in part and denying in part defts' #42 Motion for protective order. ENTRY granting in part and denying in part pltf's #51 Motion to compel (See Entry). Signed by Judge Jane Magnus-Stinson on 3/20/08. (SWM)
|
| Filing 59 ENTRY for 3/13/08 - Magistrate Judge Jane Magnus-Stinson: Parties appear by counsel for hearing on pending motions. Hearing held and court takes matter under advisement. (SWM) |
| Filing 58 RESPONSE in Opposition re #42 MOTION for Protective Order and Reply in Support of Motion to Compel, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 57 ENTRY regarding Non-Party Subpoenas (See Entry). Signed by Judge Jane Magnus-Stinson on 3/7/08.(SWM) |
| Filing 56 REPLY in Support of Motion re #42 MOTION for Protective Order & Response To Plaintiff's Motion To Compel #51 , filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
|
Filing 55
SCHEDULING ORDER: Hearing on the pending motions set for 3/13/2008 01:30 PM in room #246 before Judge Jane Magnus-Stinson. Signed by Judge Jane Magnus-Stinson on 3/7/08.(SWM)
|
| Filing 53 REPLY in Support of Motion re #41 Emergency MOTION for Writ Of Prohibition Or Similar Order Barring Novelty's Proposed State-Court Action, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 52 Submission of Supplement To Motion For Protective Order [DE 42], filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 4 - Plaintiff's Second Request For Production Of Documents)(Limrick, Michael) |
|
Filing 54
ENTRY Regarding Briefing Schedule: On 2/21/08, Defts filed a Motion for Protective Order. On 2/29/08, Pltf filed a Motion to Compel. Both motions involve the same issues, and the Pltf's motion responds to Defts' motion. The Court will therefore treat Pltf's brief in support of its motion to compel as its response to defts' Motion for Protective Order. The Magistrate Judge enters the following briefing schedule: Defts' combined response/reply is due no later than 3/7/08; Pltf's reply is due no later than 3/14/08. Signed by Judge Jane Magnus-Stinson on 3/3/08.(SWM)
|
| Filing 51 MOTION to Compel, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-MVM-000120, #2 Exhibit B-E-mail-regarding-Pictures, #3 Exhibit C-Novelty-Request-to-Inspect, #4 Exhibit D-Defendants-Response-to-Request-to-Inspect)(Boyle, Kevin) |
| Filing 50 RESPONSE in Opposition re #41 Emergency MOTION for Writ Of Prohibition Or Similar Order Barring Novelty's Proposed State-Court Action, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 49 Submission of Defendants' Supplement to their Emergency Motion for Writ of Prohibition or Similar Order Barring Novelty's Proposed State-Court Action, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 2 - State Court Complaint)(Limrick, Michael) |
| Filing 47 REPLY in Support of Motion re #38 MOTION To Limit Plaintiff's Non-Party Discovery, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 10 - Novelty's Second Request for Production, #2 Exhibit 11 - December 14 letter to Paul Overhauser)(Limrick, Michael) |
|
Filing 48
Stipulated Protective Order APPROVED. Signed by Judge Jane Magnus-Stinson on 2/25/08.(SWM)
|
| Filing 46 MOTION for Protective Order (Stipulated), filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Christensen, Margaret) |
| Filing 45 Submission of Stipulated Protective Order, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Attachment A (Stipulated Protective Order Acknowledgment))(Christensen, Margaret) |
| Filing 44 RESPONSE in Opposition re #38 MOTION To Limit Plaintiff's Non-Party Discovery, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit A-Catalog-Page Showing Additional Cigarette Cases)(Lamb, Eric) |
|
Filing 43
ENTRY for 2/21/08 Telephone Conference: Parties appeared by counsel before the magistrate judge concerning the scope of discovery and Pltf's request for inspection. The parties were unable to agree, and Deft intends to file a motion for protective order. The parties did agree to extend the deadline for amending the complaint by 60 days, until 4/28/08. Signed by Judge Jane Magnus-Stinson on 2/21/08.(SWM)
|
| Filing 42 MOTION for Protective Order, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Plaintiff's Request For Production Of Documents, #2 Exhibit 2 - Plaintiff's Request To Inspect, #3 Exhibit 3 - Overhauser e-mail, #4 Text of Proposed Order Granting Defendants' Motion For Protective Order)(Limrick, Michael) |
| Filing 41 Emergency MOTION for Writ Of Prohibition Or Similar Order Barring Novelty's Proposed State-Court Action, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Agreement, #2 Text of Proposed Order Granting Motion For Writ Of Prohibition Or Similar Order Barring Novelty's Proposed State Court Action)(Limrick, Michael) |
| Filing 40 Submission of Omitted Exhibit, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 9 - Joint Status Report)(Limrick, Michael) |
| Filing 39 CERTIFICATE of Counsel re #38 MOTION To Limit Plaintiff's Non-Party Discovery of Compliance With Local Rule 37.1 by Michael R. Limrick on behalf of all defendants (Limrick, Michael) |
| Filing 38 MOTION To Limit Plaintiff's Non-Party Discovery, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Exhibit 1 - Customer Subpoena, #2 Exhibit 2 - Invoice, #3 Exhibit 3 - Agreement, #4 Exhibit 4 - Answer to Interrogatory 12, #5 Exhibit 5 - Harkins Letter, #6 Exhibit 6 - Overhauser e-mail, #7 Exhibit 7 - subpoena cover letter, #8 Exhibit 8 - Litigation subpoena, #9 Text of Proposed Order Granting Defendants' Motion To Limit Plaintiff's Non-Party Discovery)(Limrick, Michael) |
| Filing 37 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Telephone Conference held on 2/8/2008. Parties appeared by counsel for telephone conference concerning non-party subpoenas issued by Plaintiff. A briefing schedule on the pripriety of the subpoenas was established. Defendant's initial motion due 2/15/08. Plaintiff's response due 2/22/08 and defendant's reply due 2/26/08 (S.O.). (MAC) |
| Filing 36 NOTICE of Appearance by Michael R. Limrick on behalf of Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Limrick, Michael) |
| Filing 35 Witness List and Exhibit List (PRELIMINARY), filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Christensen, Margaret) |
| Filing 34 Witness List (Preliminary), filed by Plaintiff NOVELTY, INC., Exhibit List (Preliminary), filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
| Filing 33 NOTICE of Service of Initial Disclosures First Amended Initial Disclosures, filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
| Filing 32 NOTICE of Appearance by Eric E. Lamb on behalf of Plaintiff NOVELTY, INC.. (Lamb, Eric) |
| Filing 31 NOTICE of Service of Initial Disclosures, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 30 NOTICE of Service of Initial Disclosures, filed by Plaintiff NOVELTY, INC.. (Boyle, Kevin) |
|
Filing 29
SCHEDULING ORDER: Final Pretrial Conference set for 1/7/2009 02:00 PM in room #210 before Judge Sarah Evans Barker. Jury Trial set for 1/21/2009 09:30 AM in room #216 before Judge Sarah Evans Barker. Signed by Judge Sarah Evans Barker on 1/4/08.(MAC)
|
| Filing 28 Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Initial Pretrial Conference held on 1/2/2008 and CMP approved as amended. Parties to notify the court when ready for scheduling of a settlement conference. (SWM) |
|
Filing 27
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/15/2008. The parties were advised to request a phone status conference prior to filing any motion to compel or for protective order (See Order). Signed by Judge Jane Magnus-Stinson on 1/2/07.(SWM)
|
|
Filing 26
ORDER granting deft's #25 Motion to appear telephonically for pretrial conference currently set for 1/2/08 at 1:30 p.m. Signed by Judge Jane Magnus-Stinson on 12/17/07. (SWM)
|
| Filing 25 MOTION to Appear Telephonically, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Text of Proposed Order)(Boyle, Kevin) |
| Filing 24 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff NOVELTY, INC., Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Attachments: #1 Magistrate's Summary)(Hinshaw, James) |
| Filing 23 Submission of Signature Requirement re #21 Corporate Disclosure Statement by MOUNTAIN VIEW MARKETING, INC.. (Hinshaw, James) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT, filed by Defendant MCLANE COMPANY, INC., identifying Berkshire Hathaway, Inc. as Corporate Parent. (Hinshaw, James) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT, filed by Defendant MOUNTAIN VIEW MARKETING, INC., identifying McClane Company, Inc. as Corporate Parent. (Hinshaw, James) |
|
Filing 20
SCHEDULING ORDER:Initial Pretrial Conference set for 1/2/2008 01:30 PM in room #256 before Judge Jane Magnus-Stinson. Parties are ordered to confer and prepare and jointly submit a proposed Case Management Plan no later than 14 days prior to the initial pretrial conference. Signed by Judge Jane Magnus-Stinson on 11/19/07. (MAC)
|
| Filing 19 NOTICE to File Corporate Disclosure Statement to MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC. (LAB) (MAC) |
| Filing 18 ANSWER to Complaint (and Affirmative Defenses), filed by MCLANE COMPANY, INC..(Hinshaw, James) |
| Filing 17 ANSWER to Complaint (and Affirmative Defenses), filed by MOUNTAIN VIEW MARKETING, INC..(Hinshaw, James) |
| Filing 16 NOTICE of Appearance by Margaret M. Christensen on behalf of Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC. c/s (MAC) |
| Filing 15 NOTICE of Withdrawal, filed by Plaintiff NOVELTY, INC., re #12 MOTION for Preliminary Injunction and Temporary Restraining Order. (Overhauser, Paul) |
| Filing 14 STIPULATION of Facts, filed by Plaintiff NOVELTY, INC.. (Overhauser, Paul) |
| Filing 13 BRIEF/MEMORANDUM in Support re #12 MOTION for Preliminary Injunction and Temporary Restraining Order, filed by Plaintiff NOVELTY, INC.. (Attachments: #1 Exhibit 1-Notice to Defense Counsel#2 Exhibit 2-Declaration of Merlau#3 Exhibit A to Merlau Dec-Mountain View Internet Posting#4 Exhibit B to Merlau Dec-McLane Internet Website#5 Exhibit C to Merlau Dec-US Copyright#6 Exhibit D to Merlau Dec-Receipt for 9-7-07 CFM Trans#7 Exhibit E to Merlau Dec-Receipt for 9-17-07 Crystal Flash Trans#8 Exhibit F to Merlau Dec-CFM Product UPC#9 Exhibit G to Merlau Dec-Crystal Flash Product UPC#10 Exhibit H to Merlau Dec-UPC Registration to Mountain View#11 Exhibit I to Merlau Dec-Order Alcoa v. McLane Case#12 Exhibit J to Merlau Dec-P&G v. McLane Consent & Preliminary Injunction#13 Exhibit K to Merlau Dec-Haas v. Mountain View Temp Restraining Order)(Overhauser, Paul) |
| Filing 12 MOTION for Preliminary Injunction and Temporary Restraining Order, filed by Plaintiff NOVELTY, INC.., (Attachments: #1 Text of Proposed Order)(Overhauser, Paul) |
| Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 10 NOTICE of Appearance by James M. Hinshaw on behalf of Defendants MOUNTAIN VIEW MARKETING, INC., MCLANE COMPANY, INC.. (Hinshaw, James) |
| Filing 9 NOTICE of Initial Filing in lawsuit sent to Register of Copyrights. (MAC) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff, NOVELTY, INC. (DH) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) |
| Filing 6 NOTICE of Appearance by Kevin M. Boyle on behalf of Plaintiff, NOVELTY, INC. (DH) |
| Filing 5 NOTICE of Appearance by Paul B. Overhauser on behalf of Plaintiff, NOVELTY, INC. (DH) |
| Filing 4 Summons Issued as to MOUNTAIN VIEW MARKETING, INC. and MCLANE COMPANY, INC. (DH) |
| Filing 3 RECEIPT #IP003356 in the amount of $350.00 for filing fee. (DH) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff, NOVELTY, INC. (DH) |
| Filing 1 COMPLAINT with Jury Demand filed by NOVELTY, INC. against MOUNTAIN VIEW MARKETING, INC. and MCLANE COMPANY, INC. (DH) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Indiana Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
