Wellness Brands v. Killer Beez LLC et al
| Wellness Brands doing business as Keoni Sport |
| Killer Beez LLC doing business as Tiger Bodi, Muram Nutrition LLC, Vaad Holdings LLC doing business as Faber Goods, Golden Nutra LLC doing business as Nutrix Wholesale, Nutrix International LLC, Does 1 through 10, Nutrix International, LLC and Nutrix Wholesale, LLC |
| 2:2022cv00028 |
| March 3, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| Both |
Docket Report
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| Filing 50 JOINT STIPULATION OF DISMISSAL: As all Defendants have now been dismissed, Plaintiff requests the Court close this matter.SO STIPULATED AND AGREED.. Signed by Judge William O. Bertelsman on 12/28/2022.(ECO)cc: COR |
| Filing 49 STIPULATION of Dismissal against Nutrix Wholesale LLC by Wellness Brands. (Clay, John) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #49 Stipulation of Dismissal (TJZ) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #48 Stipulation of Dismissal (ECO) |
| Party Killer Beez LLC d/b/a Tiger Bodi terminated per Chambers re: DE #48 Stipulation of Dismissal (ECO) |
| Filing 48 STIPULATION of Dismissal of All Claim Against Killer Beez LLC d/b/a Tiger Bodi by Wellness Brands. (Clay, John) |
Filing 47
SCHEDULING ORDER: that the following deadlines and procedures for discovery and general pretrial proceedings are imposed in this case: (A) DEADLINES AND CASE SCHEDULE (1) Rule 26(a)(1) disclosures to be exchanged by September 30, 2022; (2) Amended pleadings by consent or motion and/or motions to join parties by November 30, 2022; (3) Completion of fact discovery by February 28, 2023; Discovery shall be subject to any limitations agreed upon by the parties in their Rule 26(f) Report (R. #40 ). (4) Status Report by close of fact discovery (currently February 28, 2023); (5) Rule 26(a)(2)(A) identity disclosure deadline and (a)(2)(B) report and/or (a)(2)(C) summary disclosure deadline from Plaintiff ID disclosure by March 7, 2023; report/summary disclosure by April 4, 2023; from Defendants ID disclosure by April 11, 2023; report/summary disclosure byMay 9, 2023; Rebuttal identification and report/summary by May 23, 202; (6) Completion of expert discovery by June 6, 2023; (7) Status Report by close of expert discovery (currently June 6, 2023); (8) Dispositive motions by June 20, 2023. Although documents must now be filed electronically with the Court Clerk, a PAPER court courtesy copy shall be provided to JUDGE BERTELSMAN'S CHAMBERS within 48 hours of the filing of the brief or memorandum in support of any motion, where such brief or memorandum (including any attached exhibits) exceeds 10 pages. (9) Deadline extensions must be requested by joint or separate motion prior to expiration of the applicable deadline. (B) DISCOVERY DISPUTE PROCEDURE: To facilitate the supervision of discovery, the parties shall utilize the following procedure to address discovery disputes: (1) Parties shall first confer directly and in good faith and attempt to resolve the discovery dispute between themselves, without judicial intervention; (2) If the parties are unable to resolve the dispute after conferring directly, they shall attempt to resolve their disagreement by calling the undersigned's Chambers to schedule an informal telephone conference; and (3) If, and only if, the parties are unable to resolve their discovery impasse after informal telephone conference with the Court, they may file appropriate written motions. Written motions regarding discovery shall include the certification required by Civil Rule 37(a)(1) and Local Rule of Civil Practice 37.1, if applicable. (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 9/15/2022.(ECO)cc: COR Modified text on 9/15/2022 (ECO).
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Filing 45
VIRTUAL ORDER: granting #44 MOTION for Gerrit Warren Bleeker to Appear Pro Hac Vice on behalf of Defendant Nutrix Wholesale, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/15/2022. (ECO)cc: COR w/copy to Attorney Gerrit Bleeker
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Gerrit Warren Bleeker: re 45 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Gerrit Warren Bleeker (ECO) |
| Filing 46 MINUTE ENTRY ORDER FOR SCHEDULING CONFERENCE held on 9/12/2022 before Magistrate Judge Candace J. Smith: Case called for rescheduled telephonic Scheduling Conference to discuss the Rule 26(f) Report filed by the parties. (See R. #40 ). A case schedule was agreed upon after discussing the Report with counsel. Scheduling Order to be separately entered. (Tape #KYED-COV 2-22-cv-28-WOB-CJS 20220912 145225.) (ECO)cc: COR |
| NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Alexander R. LaCroix: It appears the address listed on your filing #43 Notice is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (ECO) |
| BAR STATUS Check completed as to Gerrit Warren Bleeker re #44 MOTION for Gerrit Warren Bleeker to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5359803). (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #44 MOTION for Gerrit Warren Bleeker to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5359803) (ECO) |
| Filing 44 MOTION for Gerrit Warren Bleeker to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5359803)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Declaration of Gerrit Warren Bleeker, #2 Proposed Order)(Gray, Elisabeth) |
| Filing 43 NOTICE by Nutrix Wholesale, LLC of Change of Affiliation and Address of Alexander R. LaCroix (Gray, Elisabeth) |
| Filing 42 MINUTE ENTRY ORDER FOR SCHEDULING CONFERENCE held on 9/8/2022 before Magistrate Judge Candace J. Smith: IT IS ORDERED the telephonic Scheduling Conference in the above matter be, and hereby is reset for Monday, September 12, 2022 at 3:00 P.M. EDT. (Tape #KYED-COV 2-22-cv-28-WOB-CJS 20220908 145631.) Signed by Candace J. Smith. (ECO)cc: COR w/copy of Order emailed to Attorney Alexander LaCroix |
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Filing 41
ORDER: that this case is hereby set for telephonic Scheduling Conference on Thursday, September 8, 2022, at 3:00 p.m. EDT with the undersigned. Counsel should dial in five minutes before the scheduled time. To join the call (See Order for Details). Signed by Magistrate Judge Candace J. Smith on 9/2/2022.(ECO)cc: COR
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| Set/Reset Hearings: Telephonic SCHEDULING CONFERENCE set for 9/8/2022 at 03:00 PM in COVINGTON before Magistrate Judge Candace J. Smith. (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #40 Report of Rule 26(f) Planning Meeting (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #40 Report of Rule 26(f) Planning Meeting (ECO) |
| Filing 40 JOINT REPORT of Rule 26(f) Planning Meeting. (Flaherty, Sean) |
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Filing 39
ORDER: that the parties shall confer no later than August 22, 2022 to consider the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures required by Rule 26(a)(1), and to develop a proposed discovery plan. Such proposed plan shall be filed no later thanAugust 29, 2022. Signed by Judge William O. Bertelsman on 8/12/2022.(ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #31 Answer to Amended Complaint (ECO) |
| Filing 38 MOTION for Scheduling Conference by Wellness Brands . (Attachments: #1 Proposed Order)(Clay, John) Modified on 8/11/2022 (ECO). |
| Party Vaad Holdings LLC terminated per Chambers re: DE #37 Notice of Voluntary Dismissal. (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #37 Notice of Voluntary Dismissal (TJZ) |
| Filing 37 NOTICE of Voluntary Dismissal by Wellness Brands (Clay, John) |
| Filing 36 FRCP 7.1 DISCLOSURE STATEMENT by Killer Beez LLC. (Ross, Jeremy) |
| Filing 35 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Jeremy Ross. #31 Answer to Amended Complaint has been filed by Killer Bees without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of Candace J. Smith for review: #34 RESPONSE re #32 Order (ECO) |
| Filing 34 RESPONSE to #32 ORDER filed by Wellness Brands. (Clay, John) Modified text to better describe document on 6/30/2022 (ECO). |
| Party Muram Nutrition LLC terminated per Chambers re: Notice of Voluntary Dismissal DE #33 . (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #33 Notice of Voluntary Dismissal (TJZ) |
| Filing 33 NOTICE of Voluntary Dismissal by Wellness Brands (Clay, John) |
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Filing 32
ORDER: By 6/30/2022 Plaintiff shall file a Status Report as to the status of service. Signed by Magistrate Judge Candace J. Smith on 6/21/2022.(TJZ)cc: COR
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| Filing 31 ANSWER to #15 Amended Complaint by Killer Beez LLC.(Ross, Jeremy) |
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Filing 30
VIRTUAL ORDER: granting #29 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice as counsel for Defendant Killer Beez LLC d/b/a Tiger Bodi, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/8/2022. (ECO)cc: COR with copy mailed to Attorney Jeremy Ross
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Jeremy Lee Ross: re 30 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Jeremy Lee Ross (ECO) |
| Filing 29 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice by Killer Beez LLC Motions referred to Candace J. Smith. (Attachments: #1 Certificate of Good Standing-California, #2 Certificate of Good Standing-Illinois, #3 Proposed Order, #4 Receipt #500000111)(ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #29 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice by Killer Beez LLC (ECO) |
| BAR STATUS Check completed as to Jeremy Lee Ross re #29 MOTION for Jeremy Lee Ross to Appear Pro Hac Vice by Killer Beez LLC. (ECO) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Erik J. Stone: re 27 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Erik J. Stone (ECO) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Alexander R. LaCroix: re 28 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Alexander R. LaCroix (ECO) |
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Filing 28
VIRTUAL ORDER: granting #26 MOTION for Alexander R. LaCroix to Appear Pro Hac Vice as co-counsel on behalf of Defendant Nutrix Wholesale, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/4/2022. (ECO)cc: COR with copy mailed to Attorney Alexander R. LaCroix. Modified text on 6/6/2022 (ECO).
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Filing 27
VIRTUAL ORDER: granting #25 MOTION for Erik J. Stone to Appear Pro Hac Vice as co-counsel on behalf of Defendant Nutrix Wholesale, LLC, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/4/2022. (ECO)cc: COR with copy mailed to Attorney Erik Stone Modified text on 6/6/2022 (ECO).
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| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #26 MOTION for Alexander R. LaCroix to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5279385) (ECO) |
| BAR STATUS Check completed as to Alexander R. LaCroix re #26 MOTION for Alexander R. LaCroix to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5279385). (ECO) |
| Filing 26 MOTION for Alexander R. LaCroix to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5279385)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Payment Receipt, #3 Proposed Order)(Gray, Elisabeth) |
| BAR STATUS Check completed as to Erik J. Stone re #25 MOTION for Erik J. Stone to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5278091). (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #25 MOTION for Erik J. Stone to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5278091) (ECO) |
| Filing 25 MOTION for Erik J. Stone to Appear Pro Hac Vice by Nutrix Wholesale, LLC ( Filing fee $125; receipt number AKYEDC-5278091)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B - Payment Receipt, #3 Proposed Order)(Gray, Elisabeth) |
| Filing 24 NOTICE OF FILING by Wellness Brands Proof of Service (Attachments: #1 Exhibit KILLER BEEZ POS OF SERVICE)(Clay, John) |
| Filing 23 FRCP 7.1 DISCLOSURE STATEMENT by Nutrix Wholesale, LLC. (Dearmond, Matthew) |
| Filing 22 ANSWER to #15 Amended Complaint by Nutrix Wholesale, LLC.(Dearmond, Matthew) |
| Filing 21 NOTICE of Appearance by Elisabeth S. Gray on behalf of Nutrix Wholesale, LLC (Gray, Elisabeth) |
| Filing 20 AFFIDAVIT of Service for Summons and Complaint served on Vaad Holdings, LLC on 4/20/2022, filed by Wellness Brands. (Attachments: #1 Attachment VAAD Holdings Proof of Service)(Clay, John) |
| Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Nutrix Wholesale, LLC on 04/12/2022, filed by Wellness Brands. (Attachments: #1 Attachment Nutrix Proof of Service)(Clay, John) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Muram Nutrition LLC on 03/18/2022, filed by Wellness Brands. (Attachments: #1 Attachment Muram Proof of Service)(Clay, John) |
| Filing 17 Summons Issued as to Nutrix Wholesale, LLC; Summons issued and returned to counsel electronically (ECO) |
| Filing 16 NOTICE OF FILING by Wellness Brands (Attachments: #1 Summons)(Clay, John) |
| Filing 15 AMENDED COMPLAINT against All Parties, filed by Wellness Brands.(Clay, John) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Hannah E. Brown: re 14 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Hannah E. Brown (TDB) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Sean Flaherty: re 13 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Sean Flaherty (TDB) |
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Filing 14
VIRTUAL ORDER: granting #10 Motion for Hannah E. Brown to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Wellness Brands d/b/a Keoni Sport, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 03/27/2022. (TDB)cc: COR and Hannah E. Brown by US Mail
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Filing 13
VIRTUAL ORDER: granting #9 Motion for Sean D. Flaherty to Appear Pro Hac Vice as co-counsel on behalf of Plaintiff Wellness Brands d/b/a Keoni Sport, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 03/27/2022. (TDB)cc: CORand Sean Flaherty by US Mail Modified on 3/28/2022 (TDB).
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| Filing 12 NOTICE OF FILING by Wellness Brands re #10 MOTION for Hannah E. Brown to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221828) (Attachments: #1 Proposed Order)(Clay, John) |
| Filing 11 NOTICE OF FILING by Wellness Brands re #9 MOTION for Sean D. Flaherty to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221773) (Attachments: #1 Proposed Order)(Clay, John) |
| BAR STATUS Check completed re #9 MOTION for Sean D. Flaherty to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221773), #10 MOTION for Hannah E. Brown to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221828). (TJZ) |
| NOTICE OF DEFICIENCY TO John D. Dlay re #9 MOTION for Sean D. Flaherty to Appear Pro Hac Vice, #10 MOTION for Hannah E. Brown to Appear Pro Hac Vice; attorney failed to submit a proposed order as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled Notice of Filing, file the Notice using the event Notice of Filing, attach the proposed order, and create a link to the related docket entry. cc: COR(TJZ) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #9 MOTION for Sean D. Flaherty to Appear Pro Hac Vice by Wellness Brands, #10 MOTION for Hannah E. Brown to Appear Pro Hac Vice by Wellness Brands (TJZ) |
| Filing 10 MOTION for Hannah E. Brown to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221828)Motions referred to Candace J. Smith. (Attachments: #1 Certificate of Good Standing)(Clay, John) |
| Filing 9 MOTION for Sean D. Flaherty to Appear Pro Hac Vice by Wellness Brands ( Filing fee $125; receipt number AKYEDC-5221773)Motions referred to Candace J. Smith. (Attachments: #1 Certificate of Good Standing)(Clay, John) |
| Filing 8 NOTICE TO ATTORNEY Hannah E. Brown by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (SLG) |
| Filing 7 NOTICE TO ATTORNEY Sean Flaherty by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (SLG) |
| NOTICE OF ACTION BY CLERK DELETING A DOCUMENT FROM THE RECORD: The correct document is located on the docket at #6 AO 121. The deleted document was entered on 03/07/2022. Document deleted because Document INCORRECT. *tz* cc: COR (SLG) |
| Filing 6 REPORT on the filing or determination of an action regarding re #1 Complaint, cc: form e-mailed to Register. (SLG) (TJZ). |
| Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Wellness Brands. (SLG) |
| Filing 4 Summons Issued as to Golden Nutra LLC, Killer Beez LLC, Muram Nutrition LLC, Vaad Holdings LLC ; Summons issued and returned to counsel electronically. (Attachments: #1 Summons Vaad Holdings, #2 Summons Golden Nutra, #3 Summons Killer Beez)(SLG) |
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Filing 3
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings is required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(SLG)cc: COR
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| Conflict Check run. (SLG) |
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