Empire Today, LLC v. National Floors Direct, Inc. et al
Empire Today, LLC |
National Floors Direct, Inc., Rajendro Bisso, Samuel Rosenberg, Barry Amidon, Jack Danhof, Danhof Home Improvement, Dan Esposito, Foxon Flooring, LLC, Greg Hickey, RMC.com, LLC, Robert Johnson, August-Eleven, LLC, Dianne Johnston, DL Johnston, LLC, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Snix Corp, Inc., Joseph Ouellette, JOSLS LLC, Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, Hard Knocks Corporation, Donald Talbot, DTalbot Designs, LLC, Lawrence Tattenbaum, Lawrence Tattenbaum, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc., John Jary, Dean Jennings, Charles Whipple, RJ Connection, LLC, Interiors By Design, LLC, Daniel Rosenberg, Michael Kalil, Massachusetts Appraisal Service, LLC, Aaron Rosenberg, Tower Management Solutions LLC and Tower M. Solutions, Inc. |
Robert Carter and Marianne B. Bowler |
1:2008cv11999 |
December 2, 2008 |
US District Court for the District of Massachusetts |
Contract: Other Office |
Suffolk |
Joseph L Tauro |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
Both |
Docket Report
This docket was last retrieved on October 25, 2011. A more recent docket listing may be available from PACER.
Document Text |
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Filing 368 MANDATE of USCA as to #360 Notice of Appeal, filed by National Floors Direct, Inc. Appeal #360 Terminated. Mandate issued in the USCA 10/24/2011 (Ramos, Jeanette) |
Filing 367 MANDATE of USCA as to #357 Notice of Appeal, filed by Empire Today, LLC. Appeal #357 Terminated. Mandate issued in the USCA 10/24/2011 (Ramos, Jeanette) |
Filing 366 MANDATE of USCA as to #354 Notice of Appeal, filed by National Floors Direct, Inc. Appeal #354 Terminated. Mandate issued in the USCA 10/24/2011 (Ramos, Jeanette) |
Filing 365 MANDATE of USCA as to #305 Notice of Appeal, filed by Empire Today, LLC. Appeal #305 Terminated. Mandate issued in the USCA 10/24/2011 (Ramos, Jeanette) |
Filing 364 USCA Judgment as to #360 Notice of Appeal, filed by National Floors Direct, Inc., #357 Notice of Appeal, filed by Empire Today, LLC, #305 Notice of Appeal, filed by Empire Today, LLC, #354 Notice of Appeal, filed by National Floors Direct, Inc. Upon consideration of the parties' joint motion, it is hereby ordered that this appeal be voluntarily dismissed pursuant to Fed. R. App. P. 42(b) with each party to bear its own costs. Mandate to issue forthwith. Judgment issued in the USCA 10/24/2011 (Ramos, Jeanette) |
Filing 363 SATISFACTION OF JUDGMENT by National Floors Direct, Inc.. (Glynn, David) |
Filing 362 REDACTED Excerpt Transcript of Jury Trial Day Nine (Testimony of Mark Hosfield) held on October 8, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/21/2011. Redacted Transcript Deadline set for 10/31/2011. Release of Transcript Restriction set for 12/29/2011. (Scalfani, Deborah) |
USCA Case Number 11-1876 for #360 Notice of Appeal, filed by National Floors Direct, Inc. (Ramos, Jeanette) |
Filing 361 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #360 Notice of Appeal, (Ramos, Jeanette) |
Filing 360 NOTICE OF APPEAL as to #356 Judgment, Terminate Motions,,,, by National Floors Direct, Inc. Filing fee: $ 455, receipt number 0101-3515234 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 8/16/2011. (Glynn, David) |
USCA Case Number 11-1770 for #357 Notice of Appeal, filed by Empire Today, LLC. (Ramos, Jeanette) |
Filing 359 Judge Joseph L. Tauro: ENDORSED ORDER entered ALLOWED re #353 MOTION Request for Entry of Judgment Pursuant to Rule 58(d). (Geraldino-Karasek, Clarilde) |
USCA Case Number 11-1770 for #357 Notice of Appeal, filed by Empire Today, LLC. (Ramos, Jeanette) |
Filing 358 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #357 Notice of Appeal, (Ramos, Jeanette) |
Filing 357 NOTICE OF APPEAL as to #306 Judgment by Empire Today, LLC Filing fee: $ 455, receipt number 0101-3481376 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 7/21/2011. (Letchinger, John) |
Filing 356 Judge Joseph L. Tauro: ORDER entered. FINAL JUDGMENT. The remaining issues in this action came to a hearing before this court. The issues in Count IX of Plaintiff's Third Amended Complaint #148 and Count V of National Floor Direct Inc.'s Answer and Counterclaim to Empire's Third Amended Complaint 160 have been tried and heard and decision has been rendered. FINAL JUDGMENT is therefore entered in this action in accordance with this court's June 2, 2011 ORDER #351 and MEMORANDUM #352 . IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 355 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #354 Notice of Appeal, (Ramos, Jeanette) |
USCA Case Number 11-1766 for #354 Notice of Appeal, filed by National Floors Direct, Inc. (Ramos, Jeanette) |
Filing 354 NOTICE OF APPEAL re #352 MEMORANDUM AND ORDER by National Floors Direct, Inc. Filing fee: $ 455, receipt number 0101-3479236 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 7/20/2011. (Glynn, David) Modified on 7/1/2011 to create linkage to order being appeal. (Geraldino-Karasek, Clarilde). |
Filing 353 MOTION Request for Entry of Judgement Pursuant to Rule 58(d) by National Floors Direct, Inc..(Glynn, David) |
Filing 352 Judge Joseph L. Tauro: ORDER entered. MEMORANDUM AND ORDER.(Geraldino-Karasek, Clarilde) |
Filing 351 Judge Joseph L. Tauro: ORDER entered. After a Motion Hearing on 1/19/2011, this court hereby ORDERS that, for the reasons set forth in the accompanying Memorandum: Plaintiff's Motion for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) #303 is DENIED. The various motions asserting claims under Chapter 93A- NFD's Motion for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A #312 , Plaintiff's Motion to Strike Defendant's Motion for Judgment on Its Chapter 93A Counterclaim #324 , Plaintiff's Motion for Judgment on Its Chapter 93A Claim #327 , and NFD's (1) Opposition to Empire's Motion to Strike NFD's Chapter 93A Counterclaim; (2) Opposition to Empire's Motion to Strike NFD's Fee Petition, or in the Alternative, (3) NFD's Motion to Amend Counerclaim #333 are also DENIED. NFD's Application for Attorney's Fees and Costs Under Mass. Gen. L. Ch. 93A #316 and Plaintiff's Motion to Strike Defendant's Application for Attorney's Fees and Costs Under Mass. Gen. L. Ch. 93A #331 are DENIED. NFD's Motion for Attorney's Fees Pursuant to 15 U.S.C. 117 (A) #321 is DENIED. Plaintiff's Assented to Motion to Redact Portion of Trial Record 320 and NFD's Assented to Motion to Redact Portion of Trial Record #337 are ALLOWED. All the Trial Records, including transcripts and exhibits, after having been appropriately redacted, shall BE UNSEALED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 350 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 349 Transcript of Hearing held on January 19, 2011, before Judge Joseph L. Tauro. COA Case No. 10-2343. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Marcia Patrisso at 617-737-8728 Redaction Request due 3/8/2011. Redacted Transcript Deadline set for 3/18/2011. Release of Transcript Restriction set for 5/16/2011. (Scalfani, Deborah) |
Filing 348 REPLY to Response to #303 MOTION for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) filed by Empire Today, LLC. (Attachments: #1 Exhibit 1)(Worcester, Courtney) |
Filing 347 Notice of Supplemental Authorities re #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A (Attachments: #1 Exhibit R)(Glynn, David) |
Filing 346 REPLY to Response to #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 345 REPLY to Response to #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A filed by National Floors Direct, Inc.. (Glynn, David) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered finding as moot #332 Motion for Extension of Time (Lovett, Zita) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: taking under advisement #303 Motion for Judgment as a Matter of Law; taking under advisement #312 Motion for Judgment as a Matter of Law; taking under advisement #316 Motion for Attorney Fees; taking under advisement #321 Motion for Attorney Fees; taking under advisement #324 Motion to Strike ; taking under advisement #327 Motion for Judgment as a Matter of Law; taking under advisement #331 Motion to Strike ; Motion Hearing held on 1/19/2011 re #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A filed by National Floors Direct, Inc., #303 MOTION for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) filed by Empire Today, LLC, #324 MOTION to Strike #313 Memorandum in Support of Motion, #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A filed by Empire Today, LLC, #331 MOTION to Strike #317 Memorandum in Support of Motion, #319 Affidavit in Support, #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A, #318 Affidavit in Support, filed by Empire Today, LLC, #321 MOTION for Attorney Fees under the Lanham Act, 15 U.S.C 1117(a) filed by National Floors Direct, Inc., #327 MOTION for Judgment as a Matter of Law filed by Empire Today, LLC, #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A filed by National Floors Direct, Inc.. (Court Reporter: Marcia Patrisso at 617-737-8728.)(Attorneys present: Letchinger,Caccamo,Worcester,Ryan,pltfs;DeMarco,Blessington,Glynn,defts.) (Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #323 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #343 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #344 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita) |
Filing 344 MOTION for Leave to File Reply in Support of Fee Petition by National Floors Direct, Inc.. (Attachments: #1 Exhibit A (reply))(Glynn, David) |
Filing 343 MOTION for Leave to File Reply in Support of Motion for Entry of Judgment on NFD's Chapter 93A Claim by National Floors Direct, Inc.. (Attachments: #1 Exhibit A (reply))(Glynn, David) |
ELECTRONIC NOTICE OF RESCHEDULINGHearing set for 1/19/2011 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro.(Lovett, Zita) |
ELECTRONIC NOTICE OF RESCHEDULINGHearing set for 1/13/2011 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
ELECTRONIC NOTICE of Hearing :Hearing set for 1/12/2011 11:30 AM in Courtroom 22 before Judge Joseph L. Tauro. (AS PREVIOUSLY DISCUSSED WITH COUNSEL).(Lovett, Zita) |
Filing 342 AFFIDAVIT in Support re #341 Opposition to Motion. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Worcester, Courtney) |
Filing 341 Opposition re #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 340 Opposition re #331 MOTION to Strike #317 Memorandum in Support of Motion, #319 Affidavit in Support, #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A, #318 Affidavit in Support, and Opposition re #333 Motion to Amend filed by Empire Today, LLC. (Attachments: #1 Exhibit A - Affidavit of M. Caccamo, #2 Exhibit 1- to Affidavit of M. Caccamo, #3 Exhibit B - to Motion to Amend)(Worcester, Courtney) |
Filing 339 AFFIDAVIT in Support re #338 Memorandum in Opposition to Motion for Attorneys' Fees. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D part 1, #5 Exhibit D part 2, #6 Exhibit D part 3, #7 Exhibit D part 4, #8 Exhibit E part 1, #9 Exhibit E part 2, #10 Exhibit E part 3, #11 Exhibit E part 4, #12 Exhibit E part 5, #13 Exhibit E part 6, #14 Exhibit E part 7, #15 Exhibit E part 8)(Worcester, Courtney) |
Filing 338 MEMORANDUM in Opposition re #321 MOTION for Attorney Fees under the Lanham Act, 15 U.S.C 1117(a) filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 337 Assented to MOTION to Redact #268 Transcript, #294 Transcript, #255 Transcript, #301 Transcript, #262 Transcript, #309 Transcript - Appeal, #308 Transcript - Appeal, #291 Transcript, by National Floors Direct, Inc.. (Attachments: #1 Exhibit A)(Glynn, David) |
Filing 336 AFFIDAVIT in Support re #335 Opposition to Motion for Entry of Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Glynn, David) |
Filing 335 Opposition re #327 MOTION for Judgment as a Matter of Law filed by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg. (Glynn, David) |
Filing 334 AFFIDAVIT in Support re #333 Opposition to Motion,, to Strike. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Glynn, David) |
Filing 333 Opposition re #324 MOTION to Strike #313 Memorandum in Support of Motion, #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A, #331 MOTION to Strike #317 Memorandum in Support of Motion, #319 Affidavit in Support, #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A, #318 Affidavit in Support, Or, in the alternative, NFD's Motion to Amend Counterclaim filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 332 MOTION for Extension of Time to January 5, 2011 to to File Opposition to Defendant's Application for Attorney's Fees and Costs under MGL 93A by Empire Today, LLC.(Worcester, Courtney) |
Filing 331 MOTION to Strike #317 Memorandum in Support of Motion, #319 Affidavit in Support, #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A, #318 Affidavit in Support, by Empire Today, LLC.(Worcester, Courtney) |
Filing 330 NOTICE of Change of Address or Firm Name by Courtney Worcester (Worcester, Courtney) |
ELECTRONIC NOTICE of Hearing :Motion Hearing set for 1/12/2011 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
ELECTRONIC NOTICE Resetting or Canceling a Hearing. Hearing rescheduled or canceled: 12/15/2010 to: 1/12/2011 (Lovett, Zita) |
Filing 329 AFFIDAVIT in Support re #328 Memorandum in Support of Motion, #327 MOTION for Judgment as a Matter of Law. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Worcester, Courtney) |
Filing 328 MEMORANDUM in Support re #327 MOTION for Judgment as a Matter of Law filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 327 MOTION for Judgment as a Matter of Law by Empire Today, LLC.(Worcester, Courtney) |
Filing 326 AFFIDAVIT in Support re #325 Memorandum in Support and #324 MOTION to Strike #313 Memorandum in Support of Motion, #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Worcester, Courtney) Modified on 12/8/2010 to correct docket text and link to motion (Geraldino-Karasek, Clarilde). |
Filing 325 MEMORANDUM in Support re #324 MOTION to Strike and OPPOSITION re #312 Motion for Judgment as a Matter of Law by Empire Today, LLC. (Worcester, Courtney) Modified on 12/8/2010 to correct docket text (Geraldino-Karasek, Clarilde). Modified on 12/10/2010 to correct opposition linkage document. (Geraldino-Karasek, Clarilde). |
Filing 324 MOTION to Strike #313 Memorandum in Support of Motion, #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A by Empire Today, LLC.(Worcester, Courtney) |
Filing 323 MOTION for Leave to File Reply Brief by Empire Today, LLC. (Attachments: #1 Empire's Reply Memorandum In Support of Its Rule 50(b) Motion and Exhibit 1 Thereto)(Worcester, Courtney) Modified on 12/10/2010 to correct docket event used and motion relief. (Geraldino-Karasek, Clarilde). |
Filing 322 MEMORANDUM in Support re #321 MOTION for Attorney Fees under the Lanham Act, 15 U.S.C 1117(a) filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A)(Glynn, David) |
Filing 321 MOTION for Attorney Fees under the Lanham Act, 15 U.S.C 1117(a) by National Floors Direct, Inc..(Glynn, David) |
Filing 319 AFFIDAVIT in Support re #317 Memorandum in Support of Motion (of Anthony M. Doniger). (Glynn, David) |
Filing 318 AFFIDAVIT in Support re #317 Memorandum in Support of Motion (of John C. Blessington) for Attorney's Fees and Costs. (Attachments: #1 Exhibit A (Part 1 of 3), #2 Exhibit A (Part 2 of 3), #3 Exhibit A (Part 3 of 3), #4 Exhibit B (Part 1 of 2), #5 Exhibit B (Part 2 of 2), #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Glynn, David) |
Filing 317 MEMORANDUM in Support re #316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 316 MOTION for Attorney Fees and Costs under Mass. Gen. L. CH. 93A by National Floors Direct, Inc..(Glynn, David) |
Filing 315 ORDER of USCA as to #305 Notice of Appeal, filed by Empire Today, LLC. The assented-to motion filed by the parties to stay appeal pending the district court's resolution of pending Rule 50(b) motions and a Mass. Gen. Law Ch. 93A claim is GRANTED. The parties are directed to file a report on or before December 15, 2010, and every 45 days thereafter, informing this court of the status of the pending matters before the district court. Order issued in the USCA 11/29/2010 (Ramos, Jeanette) |
Filing 314 Opposition re #303 MOTION for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Glynn, David) |
Filing 313 MEMORANDUM in Support re #312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 312 MOTION for Judgment as a Matter of Law on Count V of NFD's Counterclaim Under Mass. Gen. L. Ch. 93A by National Floors Direct, Inc..(Glynn, David) |
ELECTRONIC NOTICE of Hearing :Hearing on pending matters set for 12/13/2010 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 310 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 309 SEALED Transcript of Jury Trial Day Eleven held on October 13, 2010, before Judge Joseph L. Tauro. COA Case No. 10-2343. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/16/2010. Release of Transcript Restriction set for 2/14/2011. (Scalfani, Deborah) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 308 SEALED Transcript of Jury Trial Day Ten held on October 12, 2010, before Judge Joseph L. Tauro. COA Case No. 10-2343. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 12/6/2010. Redacted Transcript Deadline set for 12/16/2010. Release of Transcript Restriction set for 2/14/2011. (Scalfani, Deborah) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 307 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #305 Notice of Appeal, (Ramos, Jeanette) |
USCA Case Number 10-2343 for #305 Notice of Appeal, filed by Empire Today, LLC. (Ramos, Jeanette) |
Filing 311 NOTICE of Change of Address by Joseph Ouellette (Geraldino-Karasek, Clarilde) |
Filing 305 NOTICE OF APPEAL re #306 by Empire Today, LLC Filing fee: $ 455, receipt number 0101-3149567 Fee Status: n. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov/clerks/transcript.htm MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/efiling.htm. US District Court Clerk to deliver official record to Court of Appeals by 12/2/2010. (Worcester, Courtney) Modified on 11/15/2010 to link appeal to judgment (Geraldino-Karasek, Clarilde). |
Filing 304 MEMORANDUM in Support re #303 MOTION for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Worcester, Courtney) |
Filing 303 MOTION for Judgment as a Matter of Law Pursuant To Fed. R. Civ. P. 50(b) by Empire Today, LLC.(Worcester, Courtney) |
Filing 306 Judge Joseph L. Tauro: JUDGMENT entered. (Geraldino-Karasek, Clarilde) |
Filing 302 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 301 REDACTED Transcript of Jury Trial Day 12 held on October 14, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/18/2010. Redacted Transcript Deadline set for 11/29/2010. Release of Transcript Restriction set for 1/26/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). (Additional attachment(s) added on 9/30/2011: #1 Redacted) (Scalfani, Deborah). Modified on 9/30/2011 (Scalfani, Deborah). (Attachment 1 replaced on 9/30/2011) (Scalfani, Deborah). |
Filing 300 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 299 Transcript of Jury Trial Day Thirteen held on October 15, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/12/2010. Redacted Transcript Deadline set for 11/22/2010. Release of Transcript Restriction set for 1/20/2011. (Scalfani, Deborah) Modified on 6/21/2011 (Scalfani, Deborah). Modified on 9/30/2011 (Scalfani, Deborah). |
Filing 298 JURY QUESTIONS. (Geraldino-Karasek, Clarilde) |
Filing 297 EXHIBIT AND WITNESS LIST. (Geraldino-Karasek, Clarilde) |
Filing 296 JURY VERDICT in favor of National Floors Direct, Inc. against Empire Today, LLC. (Geraldino-Karasek, Clarilde) |
Filing 295 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 294 REDACTED Transcript of Jury Trial Day Nine held on October 8, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/5/2010. Redacted Transcript Deadline set for 11/15/2010. Release of Transcript Restriction set for 1/13/2011. (Scalfani, Deborah) Modified on 6/21/2011 (Scalfani, Deborah). (Additional attachment(s) added on 9/30/2011: #1 Redacted) (Scalfani, Deborah). Modified on 9/30/2011 (Scalfani, Deborah). |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 13 day completed on 10/15/2010. Defendants' verdict. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 12 held on 10/14/2010. Defendants and plaintiff Closing statements. Court's jury instructions. Deliberations begins. First jury question. Deliberations to resume on 10/15/2010. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
Filing 293 Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties' submissions, this court hereby orders that: Motion for Directed Verdict #278 is DENIED; Motion for Directed Verdict #279 is DENIED ; Motion for Directed Verdict #280 is DENIED ; Motion for Judgment as a Matter of Law #284 is DENIED ; Motion in Limine #286 is DENIED ; Motion for Judgment as a Matter of Law #288 is DENIED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 292 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 291 SEALED Transcript of Jury Trial Day 8 held on October 7, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at 508-525-7769 Redaction Request due 11/4/2010. Redacted Transcript Deadline set for 11/15/2010. Release of Transcript Restriction set for 1/12/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 290 Proposed Jury Questions by National Floors Direct, Inc.. (Glynn, David) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 11 held on 10/13/2010. Defendant's evidence continues; motions for directed verdict (see order for details). Trial to resume 10/14/2010. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
Filing 289 Proposed Jury Questions by Empire Today, LLC. (Worcester, Courtney) |
Filing 288 MOTION for Judgment as a Matter of Law on Alter Ego Theory and Claim by Empire Today, LLC.(Worcester, Courtney) |
Filing 287 MEMORANDUM in Support re #286 MOTION in Limine (RENEWED) to Exclude the Survey Report of Robert Klein filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 286 MOTION in Limine (RENEWED) to Exclude the Survey Report of Robert Klein by Empire Today, LLC.(Worcester, Courtney) |
Filing 285 MEMORANDUM in Support re #284 MOTION for Judgment as a Matter of Law on Defendants' Abuse of Process Counterclaim filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 284 MOTION for Judgment as a Matter of Law on Defendants' Abuse of Process Counterclaim by Empire Today, LLC.(Worcester, Courtney) |
Filing 283 Opposition re #280 MOTION for Directed Verdict on Counts IV-VI (Tortious Interference and Chapter 93A) filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 282 Opposition re #279 MOTION for Directed Verdict on Count VII (Trademark Infringement Under the Lanham Act) MOTION for Directed Verdict on Count VII (Trademark Infringement Under the Lanham Act) filed by Empire Today, LLC. (Attachments: #1 Exhibit A)(Worcester, Courtney) |
Filing 281 Opposition re #278 MOTION for Directed Verdict (RENEWED) on All Counts of Plaintiff's Complaint Based on Inadmissibility of Plaintiff's Causation and Damages Expert Testimony MOTION for Directed Verdict (RENEWED) on All Counts of Plaintiff's Complaint Based on Inadmissibility of Plaintiff's Causation and Damages Expert Testimony filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 280 MOTION for Directed Verdict on Counts IV-VI (Tortious Interference and Chapter 93A) by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 279 MOTION for Directed Verdict on Count VII (Trademark Infringement Under the Lanham Act) by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 278 MOTION for Directed Verdict (RENEWED) on All Counts of Plaintiff's Complaint Based on Inadmissibility of Plaintiff's Causation and Damages Expert Testimony by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 10 held on 10/12/2010. Evidence continues. (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
Filing 277 Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties' submissions, this court hereby ORDERS that: Plaintiff's Motion for Leave to Amend Damages Expert Report and Trial Testimony #275 IS DENIED. Defendants' Motion to Strike the Testimony of Mark Hosfield, Opposition to Plaintiff's Motion for Leave to Amend, and Motion for Directed Verdict on All counts #276 IS DENIED. Defendants' Motion for Directed Verdict on All Counts #276 is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 276 Defendant's Motion to Strike Expert Testimony, and Motion for Directed Verdict on all Counts, and Opposition re #275 Motion for Leave to Amend Damages Expert Report and Trial Testimony filed by National Floors Direct, Inc. (Attachments: #1 Errata A)(Glynn, David) Modified to correct docket text on 10/12/2010 (Geraldino-Karasek, Clarilde). |
ELECTRONIC NOTICE of Hearing : Jury Trial set for 10/12/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial set for 10/13/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial set for 10/14/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 275 MOTION for Leave to File Amended Damages Expert Report and Trial Testimony by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Part 1, #4 Exhibit C Part 2)(Worcester, Courtney) |
Filing 274 Joint Proposed Jury Instructions by Empire Today, LLC. (Worcester, Courtney) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 9 held on 10/8/2010. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Letchiner,Caccamo,Ryan,Worcester; DeMarco,Blessington,Glynn,defts,) (Lovett, Zita) |
Filing 273 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 272 Transcript of Jury Trial Day Five held on October 1, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/29/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/6/2011. (Scalfani, Deborah) Modified on 6/21/2011 (Scalfani, Deborah). Modified on 9/30/2011 (Scalfani, Deborah). |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 8 held on 10/7/2010. (Court Reporter: Helana Kline at 508-525-7769.)(Attorneys present: Letchiner,Caccamo,Ryan,Worcester; DeMarco,Blessington,Glynn,defts,) (Lovett, Zita) |
Filing 271 Cross Designation Response by Empire Today, LLC to #267 Notice (Other) of National Floors Direct Designations of Michael Nadali. (Worcester, Courtney) |
Filing 270 Cross Designations Response by Empire Today, LLC to #267 Notice (Other) of National Floors Direct's Designation of Testimony of G. Garland. (Worcester, Courtney) |
Filing 269 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 268 SEALED Transcript of Jury Trial Day 7 held on October 6, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 10/28/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/5/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 267 NOTICE by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC of Revised Designations of Deposition Testimony (Glynn, David) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 7 held on 10/6/2010. Evidence continues. (Court Reporter: Carol Scott at 617-330-1377 AM and Helana Kline PM.)(Attorneys present: Letchiner,Caccamo,Ryan,Worcester; DeMarco,Blessington,Glynn,defts,) (Lovett, Zita) |
Filing 266 Cross-Designation Response by Empire Today, LLC to #259 Notice (Other) of National Floors Direct's Designations of R. Carter Deposition Testimony for Trial. (Worcester, Courtney) |
Filing 265 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 264 SEALED Transcript of Jury Trial Day 4 held on September 30, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at 508-525-7769 Redaction Request due 10/27/2010. Redacted Transcript Deadline set for 11/8/2010. Release of Transcript Restriction set for 1/4/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 263 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 262 SEALED Transcript of Jury Trial Day 6 held on October 4, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Valerie OHara at 617-737-2346 Redaction Request due 10/26/2010. Redacted Transcript Deadline set for 11/5/2010. Release of Transcript Restriction set for 1/3/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). |
Filing 261 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry. (Folan, Karen) |
Filing 260 REDACTED Transcript of Jury Trial Day 3 held on September 29, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/26/2010. Redacted Transcript Deadline set for 11/5/2010. Release of Transcript Restriction set for 1/3/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). (Additional attachment(s) added on 9/30/2011: #1 Redacted) (Scalfani, Deborah). |
Filing 259 NOTICE by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC of Designation of Deposition Testimony of Robert Carter (Glynn, David) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 6 held on 10/4/2010. Evidence continues; Trial to resume on 10/6/2010 at 10:00 a.m. (Court Reporter: Valerie OHara at 617-737-2346.)(Attorneys present: Letchiner,Caccamo,Ryan,Worcester; DeMarco,Blessington,Glynn,defts,) (Lovett, Zita) |
Filing 257 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Folan, Karen) |
Filing 256 REDACTED Transcript of Jury Trial Day 2 held on September 28, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/25/2010. Redacted Transcript Deadline set for 11/4/2010. Release of Transcript Restriction set for 1/3/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). (Additional attachment(s) added on 9/30/2011: #1 Redacted) (Scalfani, Deborah). Modified on 9/30/2011 (Scalfani, Deborah). (Attachment 1 replaced on 9/30/2011) (Scalfani, Deborah). |
Filing 255 SEALED Transcript of Jury Trial Day 1 held on September 27, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Helana Kline at 508-525-7769 Redaction Request due 10/25/2010. Redacted Transcript Deadline set for 11/4/2010. Release of Transcript Restriction set for 1/3/2011. (Folan, Karen) Modified on 6/21/2011 (Scalfani, Deborah). |
ELECTRONIC NOTICE of Hearing : Jury Trial set for 10/4/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial set for 10/6/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial set for 10/7/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial set for 10/8/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 254 Response by Empire Today, LLC Counterdesignating Deposition Testimony of Charles Whipple. (Worcester, Courtney) |
Filing 253 Objection by Empire Today, LLC to Defendants' Trial Designations of Deposition Testimony of Charles Whipple. (Worcester, Courtney) |
Filing 258 Judge Joseph L. Tauro: Judge Joseph L. Tauro: ORDER OF DISMISSAL entered. After a proceeding held on October 1, 2010, this court hereby orders that: The following parties have reached a resolution of the issues involved in this case: Barry Amidon, Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Danhof Home Improvement, Hard Knocks Corporation, Michael Kalil, Massachusetts Appraisal Service, LLC, Donald Plouff, Donald Talbot, David Walsh, Charles Whipple ( collectively " the Individual Defendant's " ) ; and Empire Today, LLC. The case against the Individual Defedants is DISMISSED WITH PREJUDICE. Accordingly, Motion for Directed Verdict #250 IS DENIED AS MOOT. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 252 Defendant's Designation of Deposition Testimony by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Geraldino-Karasek, Clarilde) |
Filing 251 Joint Revised Witness List with Allotment of Time by Empire Today, LLC. (Worcester, Courtney) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Due to continued illness of plaintiff's attorney the court nevertheless convened a Settlement Conference held on 10/1/2010. The trial will resume on Monday, October 4, 2010 at 10:00 a.m. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Caccamo,Ryan,pltf;DeMarco,Blessington,Glynn,Sarrouf,defts.) (Lovett, Zita) |
Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 4 held on 9/30/2010. Jury dismissed, trial suspended due to attorney and witness illness. Trial to resume 10/1/2010 at 10:00 a.m.10/1/2010. (Court Reporter: Helana Kline at 508-525-7769.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 3 held on 9/29/2010. Evidence resumes; trial to continueon 9/30/2010 at 10:00 a.m. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 2 held on 9/28/2010; evidence continues; trial to resume on 9/29/2010 at 10:00 a.m. (Court Reporter: Debra Joyce at 617-737-4410.)(Attorneys present: Letchinger,Caccamo,Ryan,pltf;DeMarco,Blessington,Glyyn,Sarrouf,defts.) (Lovett, Zita) |
Filing 250 Individual Defendant's MOTION for Directed Verdict by Barry Amidon, Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Danhof Home Improvement, Hard Knocks Corporation, Michael Kalil, Massachusetts Appraisal Service, LLC, Donald Plouff, Donald Talbot, David Walsh, Charles Whipple.(Geraldino-Karasek, Clarilde) |
Filing 249 Judge Joseph L. Tauro: ORDER entered ALLOWED IN PART #244 Motion in Limine to Preclude Testimony at Trial. Mr. Rose may testify to the extent that the testimony is relevant to Plaintiff's legitimate motives for filing suit in reply to Defendant's counterclaim against Plaintiff for abuse of process. Defendant's reply #247 is ALLOWED IN PART and DENIED IN PART. It is ALLOWED as to the exclusion of Mr. Rose's testimony at trial. It is DENIED as to the Motion to Dismiss and in all other respects. Defendant's #246 Motion to Exclude Testimony of Mark Hosfield of September 27, 2010 is DENIED. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Filing 248 Defendant's Objection to #217 Empire's Exhibits by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Geraldino-Karasek, Clarilde) |
Filing 247 Defendant's REPLY in Support re #244 of its MOTION to Exclude the Testimony of Jason Rose and Motion to Dimisss Court VII of Empire's Complaint in Light of the Court's September 23, 2010 Order on Defendant's Motion in Limene filed by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Geraldino-Karasek, Clarilde) |
Filing 246 MOTION in Limine to Exclude Testimony of Mark Hosfield by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Attachments: #1 Exhibit A )(Geraldino-Karasek, Clarilde) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Jury Trial Day 1 held on 9/27/2010. Voir Dire of jury panel; jury of 8 seated;parties' opening statements; evidence begins; trial continues until 9/28/2010at 10:00 a.m.(Court Reporter: Helana Kline at 508-525-7769.)(Attorneys present: Letchiner,Caccamo,Ryan,Worcester,plts; DeMarco,Blessington,Glynn,Sarrouf,defts,) (Lovett, Zita) |
Filing 245 Opposition re #244 MOTION in Limine to Peclude Testimony of Jason Rose filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 244 MOTION in Limine to Peclude Testimony of Jason Rose by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 243 Revised Witness List by Barry Amidon, Jack Danhof, Michael Kalil, National Floors Direct, Inc., Donald Plouff, Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Donald Talbot, Tower M. Solutions, Inc., Tower Management Solutions LLC, David Walsh, Charles Whipple. (Glynn, David) |
Filing 242 Amended Witness List by Empire Today, LLC. (Lane, Roger) |
Filing 241 Judge Joseph L. Tauro: ORDER entered ALLOWED #210 Motion in Limine; ALLOWED #211 Motion to Quash; DENIED WITHOUT PREJUDICE #212 Motion in Limine; DENIED #214 Motion in Limine; ALLOWED #215 Motion in Limine; ALLOWED #216 Motion in Limine; ALLOWED #218 Motion in Limine; ALLOWED #219 Motion in Limine; ALLOWED #220 Motion in Limine; ALLOWED IN PART and DENIED IN PART #221 Motion in Limine. This Motion is ALLOWED with respect to Exhibits 3, 42, and 45. The Exhibits' relevance if any, is substantially outweighed by the likelihood of confusing the jury. In all other respects, this Motion is DENIED; ALLOWED #225 Motion in Limine; ALLOWED #239 Motion in Limine. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered ALLOWED #224 Motion in Limine. Pursuant to ORDER #241 of 9/23/2010 ruling on #225 MOTION in Limine to Strike Plaintiff's "Likelihood of Confusion Study," or Alternatively Motion in Limine to Exclude Same. (Geraldino-Karasek, Clarilde) |
Filing 239 Supplemental MOTION in Limine TO EXCLUDE EMPIRE'S DECLARATIONS IN LIEU OF LIVE TESTIMONY by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 238 RESPONSE to Motion re #211 MOTION to Quash Third-Party Trial Subpoena filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 237 Opposition re #219 MOTION in Limine to Exclude Empire's Previously Undisclosed Witnesses filed by Empire Today, LLC. (Lane, Roger) |
Filing 236 Opposition re #214 MOTION in Limine To Exclude Plaintiff's Sales Representative Agreements filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lane, Roger) |
Filing 235 Opposition re #216 MOTION in Limine to Exclude Evidence of Testimony Regarding Plaintiff's Google Adwords Purchases filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 234 RESPONSE to Motion re #215 MOTION in Limine to Exclude Any Reference to or Testimony or Evidence Regarding an Unrelated Lawsuit Brought Against Empire filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 233 Opposition re #212 MOTION in Limine To Exclude the Survey Report and Testimony of R. Klein filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 232 Opposition re #210 MOTION in Limine To Exclude The Affirmative Damages Opinion of Frank Zito filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 231 Opposition re #220 MOTION in Limine to Preclude Empire from Proceeding to Trial on a Theory of Initial Interest Confusion in Support of Count VII of Its Third Amended Complaint, #224 MOTION in Limine to Strike Plaintiff's "Likelihood of Confusion Study," or Alternatively Motion in Limine to Exclude Same, #221 MOTION in Limine to Exclude Empire's Proposed Exhibits 3, 42, 45 and 63, #225 MOTION in Limine to Strike Plaintiff's "Likelihood of Confusion Study," or Alternatively Motion in Limine to Exclude Same filed by Empire Today, LLC. (Lane, Roger) |
Filing 230 RESPONSE to Motion re #218 MOTION in Limine to Exclude Evidence on Samuel Rosenberg's Consent Judgment filed by Empire Today, LLC. (Lane, Roger) |
Filing 228 Judge Joseph L. Tauro: ORDER entered ALLOWED #209 Motion to Seal Memorandum of Law In Support of Motion in Limine To Exclude Zito Opinion and Exhibits B and C. (Geraldino-Karasek, Clarilde) |
Filing 227 DEFENDANTS' SUPPLEMENTAL Exhibit List AND REVISED ALLOTMENT OF TIME FOR WITNESSES by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.. (Glynn, David) |
Filing 226 Judge Joseph L. Tauro: ORDER entered ALLOWED #208 Joint Motion for Courtroom Internet Access. (Geraldino-Karasek, Clarilde) |
Filing 225 MOTION in Limine to Strike Plaintiff's "Likelihood of Confusion Study," or Alternatively Motion in Limine to Exclude Same by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Attachments: #1 Exhibit B (part a of b), #2 Exhibit B (part b of b))(Glynn, David) |
Filing 224 MOTION in Limine to Strike Plaintiff's "Likelihood of Confusion Study," or Alternatively Motion in Limine to Exclude Same by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Attachments: #1 Exhibit A, #2 Exhibit C)(Glynn, David) |
Filing 223 Proposed Jury Instructions by Barry Amidon, Jack Danhof, Michael Kalil, National Floors Direct, Inc., Donald Plouff, Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Donald Talbot, Tower M. Solutions, Inc., Tower Management Solutions LLC, David Walsh, Charles Whipple. (Glynn, David) |
Filing 222 PRETRIAL MEMORANDUM by Barry Amidon, Jack Danhof, Michael Kalil, National Floors Direct, Inc., Donald Plouff, Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Donald Talbot, Tower M. Solutions, Inc., Tower Management Solutions LLC, David Walsh, Charles Whipple. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Glynn, David) |
Filing 221 MOTION in Limine to Exclude Empire's Proposed Exhibits 3, 42, 45 and 63 by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Glynn, David) |
Filing 220 MOTION in Limine to Preclude Empire from Proceeding to Trial on a Theory of Initial Interest Confusion in Support of Count VII of Its Third Amended Complaint by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. (Attachments: #1 Exhibit A)(Glynn, David) |
Filing 219 MOTION in Limine to Exclude Empire's Previously Undisclosed Witnesses by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 218 MOTION in Limine to Exclude Evidence on Samuel Rosenberg's Consent Judgment by National Floors Direct, Inc., Aaron Rosenberg, Daniel Rosenberg, Samuel Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 217 PRETRIAL MEMORANDUM by Empire Today, LLC. (Attachments: #1 Exhibit A- Summary of Evidence, #2 Exhibit B - Empire's Witness List, #3 Exhibit C- Empire's Deposition Designations, #4 Exhibit D- Empire's Objections to Defendant NFD's deposition designations, #5 Exhibit E-Empire's cross-designations of deposition testimony, #6 Exhibit F-Empire's Exhibit List pursuant to LR 43.1, #7 Exhibit G-Empire's Proposed Voir Dire, #8 Exhibit H (Part 1) - Proposed Jury Instructions, #9 Exhibit H (Part 2) - Proposed Jury Instructions)(Lane, Roger) |
Filing 216 MOTION in Limine to Exclude Evidence of Testimony Regarding Plaintiff's Google Adwords Purchases by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lane, Roger) |
Filing 215 MOTION in Limine to Exclude Any Reference to or Testimony or Evidence Regarding an Unrelated Lawsuit Brought Against Empire by Empire Today, LLC.(Lane, Roger) |
Filing 214 MOTION in Limine by Jack Danhof, Michael Kalil, Donald Plouff, Donald Talbot, David Walsh.(Sarrouf, Camille) |
Filing 213 MEMORANDUM in Support re #212 MOTION in Limine To Exclude the Survey Report and Testimony of R. Klein filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lane, Roger) |
Filing 212 MOTION in Limine To Exclude the Survey Report and Testimony of R. Klein by Empire Today, LLC.(Lane, Roger) |
Filing 211 MOTION to Quash Third-Party Trial Subpoena by Robert Carter. (Attachments: #1 Exhibit A)(Lane, Roger) |
Filing 210 MOTION in Limine To Exclude The Affirmative Damages Opinion of Frank Zito by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B - Filed Under Seal, #3 Exhibit C - Filed Under Seal)(Lane, Roger) |
Filing 209 MOTION to Seal Document Memorandum of Law In Support of Motion in Limine To Exclude Zito Opinion and Exhibits B and C to Motion by Empire Today, LLC.(Lane, Roger) |
Filing 208 Joint MOTION Courtroom Internet Access by Empire Today, LLC. (Attachments: #1 Exhibit Empire's Request For Courtroom Internet Access Form, #2 Exhibit NFD's Request For Courtroom Internet Access Form)(Lane, Roger) |
Filing 207 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 206 Transcript of Status Conference held on August 31, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 10/6/2010. Redacted Transcript Deadline set for 10/18/2010. Release of Transcript Restriction set for 12/14/2010. (Scalfani, Deborah) |
ELECTRONIC NOTICE of Hearing : Jury Trial Day 1 set for 9/27/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial Day 2 set for 9/28/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial Day 3 set for 9/29/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial Day 4 set for 9/30/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. Jury Trial Day 5 set for 10/1/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 205 Judge Joseph L. Tauro: ORDER re #202 Granting Voluntary Dismissal Without Prejudice of Defendants John Jary and RJ Connection Group, LLC entered. (Geraldino-Karasek, Clarilde) |
Filing 204 Judge Joseph L. Tauro: ORDER re #201 Granting Motion For Voluntary Dismissal Pursuant To Settlement of Fourteen Defendants Without Prejudice entered. (Geraldino-Karasek, Clarilde) |
Filing 203 STATUS REPORT of the Stipulated Protective Order by National Floors Direct, Inc.. (Glynn, David) |
Filing 202 MOTION for Order to Granting Voluntary Dismissal Without Prejudice of Defendants John Jary and RJ Connection Group, LLC by Empire Today, LLC.(Worcester, Courtney) |
Filing 201 MOTION for Order to Granting Motion For Voluntary Dismissal Pursuant To Settlement of Fourteen Defendants Without Prejudice by Empire Today, LLC.(Worcester, Courtney) |
Filing 200 Judge Joseph L. Tauro: ORDER entered ALLOWED Motion for Withdrawal of Apperance. (Geraldino-Karasek, Clarilde) |
Filing 199 NOTICE of Withdrawal of Appearance by Michael DeMarco (DeMarco, Michael) |
Filing 198 NOTICE of Withdrawal of Appearance by David J. Byer (Byer, David) |
Filing 197 NOTICE of Withdrawal of Appearance by Mark E. Haddad (Haddad, Mark) |
Filing 196 NOTICE of Withdrawal of Appearance by David M. Glynn (Glynn, David) |
Filing 195 NOTICE of Withdrawal of Appearance by John C. Blessington (Blessington, John) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered finding as moot #177 Motion to Seal (Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered finding as moot #154 Motion to Seal Document (Lovett, Zita) |
Filing 194 Judge Joseph L. Tauro: ORDER entered after Status Conference held on 8/31/10, this Court hereby orders that: ALLOWED IN PART and DENIED IN PART #171 Motion to Compel; DENIED AS MOOT #173 Motion to Compel. By 9/3/10 At 4:00 PM Plaintiff shall provide Defendant National Floors Direct with all of the declarations that Plaintiff has obtained before that time as part of its settlement with other Defendants. By 9/20/2010 the Parties shall file all Objections to depositions and Rrebuttal deadline to Plaintiff's most recent expert reports due by 9/24/2010. NO FURTHER REPLIES SHALL BE ALLOWED. Trial is scheduled for 9/27/2010 at 10:00 AM. All other pending matters have been resolved, as attested to by the Parties. SEE ORDER FOR DETAILS. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Set Deadline: Status Report of the Stipulated Protected Order #89 due by 9/3/2010. (Geraldino-Karasek, Clarilde) |
Filing 193 Judge Joseph L. Tauro: TRIAL ORDER entered. (Geraldino-Karasek, Clarilde) |
Filing 192 Judge Joseph L. Tauro: ORDER entered ALLOWED #188 Assented to MOTION Voluntary Dismissal Without Prejudice of Defendants John Jary and RJ Connection Group LLC. (Geraldino-Karasek, Clarilde) |
Filing 191 Judge Joseph L. Tauro: ORDER entered ALLOWED #186 MOTION for Voluntarily Dismissing Fourteen Defendants Without Prejudice. (Geraldino-Karasek, Clarilde) |
Filing 190 NOTICE of Appearance by Camille F. Sarrouf on behalf of Barry Amidon, Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Danhof Home Improvement, Hard Knocks Corporation, Michael Kalil, Massachusetts Appraisal Service, LLC, Donald Plouff, Donald Talbot, David Walsh, Charles Whipple (Sarrouf, Camille) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Status Conference held on 8/31/2010. (see order for details) Trial to start 9/27/2010 at 10:00 a.m.(Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Lectchinger,Ryan,Worcester,pltf;DeMarco,Glynn,Blessington,Shea,defts.) (Lovett, Zita) |
Filing 189 NOTICE of Withdrawal of Appearance by Scott Joseph Connolly (Connolly, Scott) |
Filing 188 Assented to MOTION Voluntary Dismissal Without Prejudice of Defendants John Jary and RJ Connection Group LLC by Empire Today, LLC.(Lane, Roger) |
Filing 187 REPORT of Alternative Dispute Resolution Provider. Case to be returned to Judge Tauro's trial list. (Duffy, Marc) |
Filing 186 MOTION Order Voluntarily Dismissing Fourteen Defendants Without Prejudice by Empire Today, LLC.(Lane, Roger) |
SECOND NOTICE OF THE COURT: PARTIES WITH FULL SETTLEMENT AUTHORITY SHALLATTEND THE CONFERENCE SET FOR 8/31/2010 AT 10:30 A.M. SO ORDERED.(Lovett, Zita) |
ELECTRONIC NOTICE of Hearing : Status Conference set for 8/31/2010 10:30 AM in Courtroom 22 before Judge Joseph L. Tauro. Principals are required to attend.(Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #168 Motion to Seal Document (Lovett, Zita) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #182 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lovett, Zita) |
ELECTRONIC NOTICE of ADR Conference: Mediation Hearing set for 8/18/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Duffy, Marc) |
ELECTRONIC NOTICE Resetting or Canceling a Hearing. Hearing rescheduled or canceled: 8/18/2010 to: to be advised by the Court (Lovett, Zita) |
ELECTRONIC NOTICE Canceling a Hearing. The mediation hearing of 7/20/2010 is canceled. Parties are to contact the court for a reschedule date. (Duffy, Marc) |
ELECTRONIC NOTICE of Hearing: Further mediation hearing set for 7/20/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. (Duffy, Marc) |
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered denying #172 Motion for Order. (Bowler, Marianne) |
Filing 185 AFFIDAVIT of David M. Glynn in Opposition re #171 MOTION to Compel Production of Documents from National Floors Direct Re: NFD's Opposition to Empire's Motion to Compel filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Glynn, David) |
Filing 184 Opposition re #171 MOTION to Compel Production of Documents from National Floors Direct filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 183 Opposition re #173 MOTION to Compel Production of Documents filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lane, Roger) |
Filing 182 MOTION for Leave to File Reply by Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Dan Esposito, Foxon Flooring, LLC, Hard Knocks Corporation, Greg Hickey, Interiors By Design, LLC, John Jary, Dean Jennings, Joseph Vaudo, LLC, Michael Kalil, Louis Lamour, Sean Maclellan, Massachusetts Appraisal Service, LLC, Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, RJ Connection, LLC, RMC.com, LLC, Snix Corp, Inc., Donald Talbot, Joseph Vaudo, David Walsh. (Attachments: #1 Reply)(Connolly, Scott) |
Filing 181 Opposition re #172 MOTION for Order to Modify Order to Attend Mediation filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lane, Roger) |
Filing 180 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. August-Eleven, LLC served on 5/26/2010, answer due 6/16/2010. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 179 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Robert Johnson served on 5/26/2010 with Amended Complaint #148 , answer due 6/16/2010. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) Modified docket text on 6/10/2010 (Geraldino-Karasek, Clarilde). |
Magistrate Judge Marianne B. Bowler: ELECTRONIC ORDER entered granting #178 Motion to Continue. (Bowler, Marianne) |
Filing 178 Assented to MOTION to Continue Mediation to 6/25/2010 by Empire Today, LLC.(Lane, Roger) |
Filing 177 MOTION to Seal Portions of Memorandum of Law in SUpport of Motion to Compel by Empire Today, LLC.(Worcester, Courtney) |
Filing 176 MEMORANDUM in Support re #171 MOTION to Compel Production of Documents from National Floors Direct. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Worcester, Courtney) |
Filing 175 AFFIDAVIT of David M. Glynn, Esq. re #174 Memorandum in Support of Motion to Compel Production of Documents by National Floors Direct, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Glynn, David) |
Filing 174 MEMORANDUM in Support re #173 MOTION to Compel Production of Documents filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 173 MOTION to Compel Production of Documents by National Floors Direct, Inc..(Glynn, David) |
Filing 172 MOTION for Order to Modify Order to Attend Mediation by Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Dan Esposito, Foxon Flooring, LLC, Hard Knocks Corporation, Greg Hickey, Interiors By Design, LLC, John Jary, Dean Jennings, Joseph Vaudo, LLC, Michael Kalil, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Massachusetts Appraisal Service, LLC, Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, RJ Connection, LLC, RMC.com, LLC, Snix Corp, Inc., Donald Talbot, Joseph Vaudo, David Walsh.(Connolly, Scott) |
Filing 171 MOTION to Compel Production of Documents from National Floors Direct by Empire Today, LLC.(Worcester, Courtney) |
Filing 170 NOTICE of Appearance by Michael DeMarco on behalf of National Floors Direct, Inc. (DeMarco, Michael) |
Filing 169 Empire Today's ANSWER to Complaint By National Floors Direct, Inc. by Empire Today, LLC.(Worcester, Courtney) |
Filing 168 Assented to MOTION to Seal Document by Empire Today, LLC.(Worcester, Courtney) |
Filing 167 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 166 Transcript of Motion Hearing held on April 8, 2010, before Judge Joseph L. Tauro. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Carol Scott at 617-330-1377 Redaction Request due 6/15/2010. Redacted Transcript Deadline set for 6/25/2010. Release of Transcript Restriction set for 8/23/2010. (Scalfani, Deborah) |
Filing 165 NOTICE of Appearance by Robert M. Shea on behalf of Michael Kalil, Massachusetts Appraisal Service, LLC (Shea, Robert) |
Filing 164 ANSWER to #148 Amended Complaint,,, by Michael Kalil, Massachusetts Appraisal Service, LLC.(Connolly, Scott) |
Filing 163 NOTICE of Appearance by Scott Joseph Connolly on behalf of Michael Kalil, Massachusetts Appraisal Service, LLC (Connolly, Scott) |
Filing 162 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Michael Kalil served on 5/4/2010, answer due 5/25/2010. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 161 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Massachusetts Appraisal Service, LLC served on 5/4/2010, answer due 5/25/2010. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 159 ANSWER to #148 Amended Complaint,,, (Third Amended Complaint) by Tower M. Solutions, Inc., Tower Management Solutions LLC.(Glynn, David) |
Filing 158 ANSWER to #148 Amended Complaint,,, (Third Amended Complaint) by Samuel Rosenberg.(Glynn, David) |
Filing 157 ANSWER to #148 Amended Complaint,,, (Third Amended Complaint) by Daniel Rosenberg.(Glynn, David) |
Filing 156 ANSWER to #148 Amended Complaint,,, (Third Amended Complaint) by Aaron Rosenberg.(Glynn, David) |
Filing 155 ANSWER to #148 Amended Complaint,,, (Third Amended Complaint) by Barry Amidon, Charles Whipple.(Glynn, David) |
Filing 154 Assented to MOTION to Seal Document for Impoundment of Counterclaim pursuant to Court's Protective Order by National Floors Direct, Inc..(Glynn, David) |
Filing 153 AFFIDAVIT of Aaron Rosenberg in Accordance with Court's April 8, 2010 Order by National Floors Direct, Inc.. (Glynn, David) |
Filing 152 Summons Issued as to Michael Kalil, Massachusetts Appraisal Service, LLC, Aaron Rosenberg, Tower M. Solutions, Inc., Tower Management Solutions LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde) |
Filing 151 Consolidated ANSWER to #148 Amended Complaint,,, by Corner Designs, Inc., DTalbot Designs, LLC, Jack Danhof, Dan Esposito, Foxon Flooring, LLC, Hard Knocks Corporation, Greg Hickey, Interiors By Design, LLC, John Jary, Dean Jennings, Joseph Vaudo, LLC, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, RJ Connection, LLC, RMC.com, LLC, Snix Corp, Inc., Donald Talbot, Joseph Vaudo, David Walsh.(Connolly, Scott) |
Filing 150 NOTICE of ADR Conference: Mediation Hearing set for 6/14/2010 at 10:00 AM in Courtroom 25 before Magistrate Judge Marianne B. Bowler. All parties and trial counsel are REQUIRED to attend and MUST have full binding settlement authority. Leave of Court is required for any exceptions. All confidential meditation briefs are to be submitted to the Court VIA FACSIMILE at (617) 204-5833 no later than TWO BUSINESS DAYS prior to the hearing. (Duffy, Marc) |
ELECTRONIC NOTICE of assignment to ADR Provider. Magistrate Judge Marianne B. Bowler appointed. The Court will contact counsel with regard to scheduling. (Franklin, Yvonne) |
Filing 149 Judge Joseph L. Tauro: ORDER OF REFERENCE to Alternative Dispute Resolution.(Geraldino-Karasek, Clarilde) |
Filing 148 AMENDED COMPLAINT against David Walsh, Corner Designs, Inc., Danhof Home Improvement, Donald Talbot, National Floors Direct, Inc., Louis Lamour Enterprises, LLC, Sean Maclellan, Joseph Vaudo, Louis Lamour, DTalbot Designs, LLC, Hard Knocks Corporation, John Jary, Interiors By Design, LLC, Diane Johnston, Charles Whipple, Donald Plouff, Greg Hickey, Daniel Rosenberg, Joseph Vaudo, LLC, RMC.com, LLC, Robert Paiva, August-Eleven, LLC, Paiva Enterprises, LLC, Jack Danhof, Foxon Flooring, LLC, Robert Johnson, Dean Jennings, DL Johnston, LLC, Dan Esposito, RJ Connection, LLC, Samuel Rosenberg, Snix Corp, Inc., Barry Amidon, Michael Kalil, Massachusetts Appraisal Service, LLC, Aaron Rosenberg, Tower Management Solutions LLC, Tower M. Solutions, Inc., filed by Empire Today, LLC. (Attachments: #1 Exhibit A-F, #2 Exhibit G-L, #3 Exhibit M-Q, #4 Exhibit R-V, #5 Exhibit W, Part 1, #6 Exhibit W, Part 2)(Lane, Roger) |
ELECTRONIC Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Scheduling Conference held on 4/8/2010, Motion Hearing held on 4/8/2010 re #85 MOTION to Amend #38 Answer to Amended Complaint and Add Counterclaim filed by National Floors Direct, Inc., #140 Joint MOTION for Extension of Time to June 4, 2010 to Complete Discovery filed by Empire Today, LLC. (SEE ORDER FOR DETAILS) (Court Reporter: Carol Scott at 617-330-1377.)(Attorneys present: Worcester,Lettinger,plts;Blessington,Glynn,Shea,defts.) (Lovett, Zita) |
Filing 147 Judge Joseph L. Tauro: ORDER entered. #125 Motion to Compel is ALLOWED IN PART and DENIED IN PART. #129 Motion to Dismiss the Second Amended Complaint is DENIED WITHOUT PREJUDICE; #131 Motion to Dismiss Counts III, V AND VI of Second Amended Complaint is DENIED WITHOUT PREJUDICE; #140 Joint Motion for Extension of Time to Complete Discovery is ALLOWED. No Further extensions will be granted. Plaintiff is permitted to file a Third Amended Complaint due by 4/12/2010. Defendants are permitted to refile Motion to Dismiss the Third Amended Complaint due by 5/10/2010. Discovery to be completed by 6/4/2010. Plaintiff shall designate an Expert Witness and file Affidavit due by 7/2/2010. Defendant is permitted to designate a rebuttal Expert and file Affidavit due by 8/6/2010. Pretrial Conference scheduled for 8/18/2010 at 2:15pm. Trial scheduled to begin on 9/27/2010 at 10:00am. Court will appointed a Magistrate Judge to assist in settlement. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde) |
Set/Reset Hearings: Pretrial Conference set for 8/18/2010 02:15 PM in Courtroom 22 before Judge Joseph L. Tauro and Jury Trial set for 9/27/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Geraldino-Karasek, Clarilde) |
Filing 146 Judge Joseph L. Tauro: ORDER entered. #122 Motion for Protective Order is DENIED. #123 Motion to Seal Related Motion for Protective Order is ALLOWED. #127 Motion to Seal the Motion to Compel is ALLOWED. #128 Motion to Seal in Connection with Answer and Counterclaim is ALLOWED. #143 Motion to Seal Opposition is ALLOWED. (Abaid, Kimberly) |
Filing 145 SEALED DOCUMENT. Combined Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B)(Abaid, Kimberly) |
Filing 144 SEALED DOCUMENT. Answer to Counterclaim. (Abaid, Kimberly) |
Filing 143 Assented to MOTION to Seal Document #142 Opposition to Motion, #141 Answer to Complaint by Empire Today, LLC.(Lane, Roger) |
Filing 142 Opposition re #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint, #129 MOTION to Dismiss Second Amended Complaint filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lane, Roger) |
Filing 141 ANSWER to Complaint National Floor's Direct Counterclaim To Plaintiff's Second Amended Complaint by Empire Today, LLC.(Lane, Roger) |
Judge Joseph L. Tauro: ELECTRONIC ORDER entered granting #137 Motion for Extension of Time to File Response/Reply re #137 Assented to MOTION for Extension of Time to April 2, 2010 to File Response/Reply as to #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint, #129 MOTION to Dismiss Second Amended Complaint, #128 Assented to MOTION toAssented to MOTION for Extension of Time to April 2, 2010 to File Response/Reply as to #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint, #129 MOTION to Dismiss Second Amended Complaint, #128 Assented to MOTION toAssented to MOTION for Extension of Time to April 2, 2010 to File Response/Reply as to #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint, #129 MOTION to Dismiss Second Amended Complaint, #128 Assented to MOTION to Responses due by 4/2/2010 (Lovett, Zita) |
ELECTRONIC NOTICE of Hearing :Hearing set for 4/8/2010 11:00 AM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 140 Joint MOTION for Extension of Time to June 4, 2010 to Complete Discovery by Empire Today, LLC.(Worcester, Courtney) |
Filing 139 AFFIDAVIT of David M. Glynn in Opposition re #125 MOTION to Compel (in support of National's Opposition) filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Glynn, David) |
Filing 138 Opposition re #125 MOTION to Compel filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 137 Assented to MOTION for Extension of Time to April 2, 2010 to File Response/Reply as to #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint, #129 MOTION to Dismiss Second Amended Complaint, #128 Assented to MOTION to Seal (for Impoundment) in Connection with Defendant's Answer and Counterclaim to Second Amended Complaint and Motion For Extension of Time to April 2, 2010 To File Responsive Pleading To Defendant National Floors Direct, Inc.'s Counterclaims by Empire Today, LLC.(Worcester, Courtney) |
Filing 136 AMENDED ANSWER to Second #118 Amended Complaint by Greg Hickey, RMC.com, LLC, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Snix Corp, Inc., Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, Hard Knocks Corporation, Donald Talbot, DTalbot Designs, LLC, Lawrence Tattenbaum, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc., John Jary, Dean Jennings, RJ Connection, LLC, Interiors By Design, LLC, Jack Danhof, Dan Esposito, Foxon Flooring, LLC. (Connolly, Scott) |
Filing 135 Opposition re #122 MOTION for Protective Order filed by Greg Hickey, Sean Maclellan. (Connolly, Scott) |
Filing 134 Consolidated ANSWER to #118 Amended Complaint by Greg Hickey, RMC.com, LLC, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Snix Corp, Inc., Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, Hard Knocks Corporation, Donald Talbot, DTalbot Designs, LLC, Lawrence Tattenbaum, Lawrence Tattenbaum, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc., John Jary, Dean Jennings, RJ Connection, LLC, Interiors By Design, LLC, Jack Danhof, Dan Esposito, Foxon Flooring, LLC.(Connolly, Scott) |
Filing 133 ANSWER to #118 Amended Complaint Second Amended Complaint by Charles Whipple, Barry Amidon.(Glynn, David) |
Filing 132 MEMORANDUM in Support re #131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint filed by Daniel Rosenberg. (Glynn, David) |
Filing 131 MOTION to Dismiss Counts III, V and VI of Second Amended Complaint by Daniel Rosenberg.(Glynn, David) |
Filing 130 MEMORANDUM in Support re #129 MOTION to Dismiss Second Amended Complaint filed by Samuel Rosenberg. (Glynn, David) |
Filing 129 MOTION to Dismiss Second Amended Complaint by Samuel Rosenberg.(Glynn, David) |
Filing 128 Assented to MOTION to Seal (for Impoundment) in Connection with Defendant's Answer and Counterclaim to Second Amended Complaint by National Floors Direct, Inc..(Glynn, David) |
Filing 127 Assented to MOTION to Seal, MOTION to Seal Document #125 MOTION to Compel ( Responses due by 3/16/2010) by Empire Today, LLC.(Lane, Roger) |
Filing 126 AFFIDAVIT in Support re #125 MOTION to Compel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Lane, Roger) |
Filing 125 MOTION to Compel by Empire Today, LLC.(Lane, Roger) |
Filing 124 Sealed Document. Affidavit of Courtney Worcester. (Attachments: #1 Exhibit B)(Abaid, Kimberly) |
Filing 123 Assented to MOTION to Seal Related To Motion For Protective Order by Empire Today, LLC.(Lane, Roger) |
Filing 122 MOTION for Protective Order by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lane, Roger) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #121 Motion for Extension of Time to Answer National Floors Direct, Inc. answer due 3/19/2010; Daniel Rosenberg answer due 3/19/2010; Samuel Rosenberg answer due 3/19/2010; Charles Whipple answer due 3/19/2010. (Lovett, Zita) |
Filing 121 Joint MOTION for Extension of Time to March 19, 2010 to File Answer to Second Amended Complaint by Empire Today, LLC, National Floors Direct, Inc., Daniel Rosenberg, Samuel Rosenberg, Charles Whipple, Barry Amidon.(Glynn, David) |
Filing 120 APPENDIX/EXHIBIT To Second Amended Complaint by Empire Today, LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R, #18 Exhibit S, #19 Exhibit T, #20 Exhibit U, #21 Exhibit V, #22 Exhibit W)(Worcester, Courtney) |
Filing 119 Summons Issued as to Daniel Rosenberg. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) |
Filing 118 SECOND AMENDED COMPLAINT against all defendants, filed by Empire Today, LLC.(Abaid, Kimberly) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #114 Motion for Discovery - To Issue Third-Party Subpoenas (Abaid, Kimberly) |
Filing 117 Judge Joseph L. Tauro: ORDER entered - #101 Motion to File a Second Amended Complaint is ALLOWED. #95 Motion to Dismiss is DENIED WITHOUT PREJUDICE to refiling upon entry of the Second Amended Complaint. (Abaid, Kimberly) |
Filing 116 NOTICE of Appearance by John C. Blessington on behalf of Charles Whipple, Barry Amidon (Blessington, John) |
Filing 115 NOTICE of Appearance by John C. Blessington on behalf of National Floors Direct, Inc. (Blessington, John) |
Filing 114 Joint MOTION for Discovery to Issue Third-Party Subpoenas by Empire Today, LLC, National Floors Direct, Inc..(Glynn, David) |
ELECTRONIC NOTICE Resetting or Canceling Hearing. Hearing rescheduled or canceled: 1/5/2010 (Lovett, Zita) |
Filing 112 Judge Joseph L. Tauro: ORDER entered granting #107 Motion for Leave to Appear Pro Hac Vice; Added Koreen Ryan for Empire Today, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Abaid, Kimberly) |
ELECTRONIC NOTICE of Hearing :Hearing set for 12/8/2009 02:30 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #103 Motion for for Leave to Issue Third Party Subpoena; granting #105 Motion for Leave to Issue a Third Party Subpoena. (Abaid, Kimberly) |
Filing 111 SUR-REPLY to Motion re #107 MOTION for Leave to Appear Pro Hac Vice for admission of Koreen Ryan Filing fee $ 50, receipt number 01010000000002691174. filed by National Floors Direct, Inc.. (Glynn, David) |
Filing 110 REPLY to Response to #107 MOTION for Leave to Appear Pro Hac Vice for admission of Koreen Ryan Filing fee $ 50, receipt number 01010000000002691174. filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 109 AFFIDAVIT in Opposition re #107 MOTION for Leave to Appear Pro Hac Vice for admission of Koreen Ryan Filing fee $ 50, receipt number 01010000000002691174. filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A, #2 Errata B)(Glynn, David) |
Filing 108 Opposition re #107 MOTION for Leave to Appear Pro Hac Vice for admission of Koreen Ryan Filing fee $ 50, receipt number 01010000000002691174. to Restrict Access to "Attorneys Eyes Only" Materials filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A)(Glynn, David) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #106 Motion for Discovery (Lovett, Zita) |
Filing 107 MOTION for Leave to Appear Pro Hac Vice for admission of Koreen Ryan Filing fee $ 50, receipt number 01010000000002691174. by Empire Today, LLC. (Attachments: #1 Exhibit Certificate of Admission)(Worcester, Courtney) |
Filing 106 Joint MOTION for Discovery To Extend Deadline To Complete Fact Depositions by Empire Today, LLC.(Lane, Roger) |
Filing 105 MOTION for Discovery Unopposed Motion For Leave To Issue A Third-Party Subpoena by Empire Today, LLC. (Attachments: #1 Exhibit A)(Lane, Roger) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #104 Motion to Continue. A new date will be announced by the Court. (Lovett, Zita) |
Filing 104 Assented to MOTION to Continue Motion Hearing to December 11, 2009 by Empire Today, LLC.(Worcester, Courtney) |
ELECTRONIC NOTICE Canceling Hearing. Hearing canceled: 11/19/2009 to: TO BE ANNOUNCED BY THE COURT (Lovett, Zita) |
ELECTRONIC NOTICE of Hearing :Motion Hearing set for 11/19/2009 12:30 PM in Courtroom 22 before Judge Joseph L. Tauro. (Lovett, Zita) |
Filing 103 MOTION for Discovery Unopposed by Empire Today, LLC. (Attachments: #1 Exhibit A)(Caccamo, Matthew) |
Filing 102 MEMORANDUM in Opposition re #101 MOTION for Leave to File A Second Amended Complaint filed by National Floors Direct, Inc., Rajendro Bisso, Samuel Rosenberg. (Glynn, David) |
Filing 101 MOTION for Leave to File A Second Amended Complaint by Empire Today, LLC. (Attachments: #1 Exhibit Memorandum In Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Lane, Roger) |
Filing 100 RESPONSE to Motion re #95 MOTION to Dismiss and Memorandum In Support of Empire's Motion For Leave To File A Second Amended Complaint filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Lane, Roger) |
Filing 99 Opposition re #95 MOTION to Dismiss and Memorandum In Support of Empire's Motion For Leave To File A Second Amended Complaint filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lane, Roger) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #98 Motion for Extension of Time (Lovett, Zita) |
Filing 98 Assented to MOTION for Extension of Time to September 28, 2009 to to respond to motion to dismiss by Empire Today, LLC.(Worcester, Courtney) |
Filing 97 Empire Today's ANSWER to #91 Answer to Complaint, Counterclaim by Empire Today, LLC.(Lane, Roger) |
Filing 96 MEMORANDUM in Support re #95 MOTION to Dismiss filed by Rajendro Bisso, Samuel Rosenberg. (Glynn, David) |
Filing 95 MOTION to Dismiss by Rajendro Bisso, Samuel Rosenberg.(Glynn, David) |
Filing 94 ANSWER to #7 Amended Complaint, by Louis Lamour, Louis Lamour Enterprises, LLC.(Connolly, Scott) |
Filing 93 NOTICE of Appearance by Scott Joseph Connolly on behalf of Louis Lamour, Louis Lamour Enterprises, LLC (Connolly, Scott) |
Filing 92 NOTICE of Appearance by Robert M. Shea on behalf of Louis Lamour, Louis Lamour Enterprises, LLC (Shea, Robert) |
Filing 91 Amended Answer and Counterclaim to First Amended Complaint ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Empire Today, LLC by National Floors Direct, Inc..(Glynn, David) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #85 Motion to Amend Answer (Abaid, Kimberly) |
Filing 90 ANSWER to #7 Amended Complaint, by Louis Lamour.(Abaid, Kimberly) |
Filing 89 Judge Joseph L. Tauro: ORDER entered. STIPULATED PROTECTIVE ORDER(Abaid, Kimberly) |
Filing 88 SUMMONS Returned Executed Louis Lamour Enterprises, LLC served on 7/20/2009, answer due 8/10/2009. (Worcester, Courtney) |
Filing 87 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Louis Lamour served on 2/4/2009, answer due 2/24/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 86 MEMORANDUM in Support re #85 MOTION to Amend #38 Answer to Amended Complaint and Add Counterclaim filed by National Floors Direct, Inc.. (Attachments: #1 Exhibit A (Proposed Amended Answer and Counterclaim))(Glynn, David) |
Filing 85 MOTION to Amend #38 Answer to Amended Complaint and Add Counterclaim by National Floors Direct, Inc..(Glynn, David) |
Filing 84 WAIVER OF SERVICE Returned Executed by Empire Today, LLC. Rajendro Bisso waiver sent on 7/10/2009, answer due 9/8/2009. (Worcester, Courtney) |
Filing 83 WAIVER OF SERVICE Returned Executed by Empire Today, LLC. Samuel Rosenberg waiver sent on 7/10/2009, answer due 9/8/2009. (Worcester, Courtney) |
Filing 82 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Dean Jennings served on 6/12/2009, answer due 7/2/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 81 CERTIFICATE OF SERVICE by Empire Today, LLC re #75 Assented to MOTION for Protective Order. (Worcester, Courtney) |
Filing 80 NOTICE of Appearance by Scott Joseph Connolly on behalf of Dean Jennings, Interiors By Design, LLC, Jack Danhof (Connolly, Scott) |
Filing 79 ANSWER to #7 Amended Complaint, by Dean Jennings, Interiors By Design, LLC, Jack Danhof.(Shea, Robert) |
Filing 78 NOTICE of Appearance by Robert M. Shea on behalf of Dean Jennings, Interiors By Design, LLC, Jack Danhof (Shea, Robert) |
Filing 77 NOTICE of Withdrawal of Appearance by Thomas H. Curran (Curran, Thomas) |
Filing 76 NOTICE of Withdrawal of Appearance by Eric D. Levin (Levin, Eric) |
Filing 75 Assented to MOTION for Protective Order by Empire Today, LLC.(Worcester, Courtney) (Additional attachment(s) added on 6/4/2019: #1 Exhibit) Document signed on 8/3/2009, but never scanned (Vieira, Leonardo). |
Filing 74 NOTICE of Appearance by David J. Byer on behalf of Charles Whipple, Barry Amidon (Byer, David) |
Filing 73 NOTICE of Appearance by David M. Glynn on behalf of Charles Whipple, Barry Amidon (Glynn, David) |
Filing 72 NOTICE of Appearance by Mark E. Haddad on behalf of Charles Whipple, Barry Amidon (Haddad, Mark) |
Filing 71 NOTICE of Appearance by David M. Glynn on behalf of National Floors Direct, Inc. (Glynn, David) |
Filing 70 NOTICE of Appearance by David J. Byer on behalf of National Floors Direct, Inc. (Byer, David) |
Filing 69 NOTICE of Appearance by Mark E. Haddad on behalf of National Floors Direct, Inc. (Haddad, Mark) |
Filing 68 ANSWER to #7 Amended Complaint, by Donald Talbot, DTalbot Designs, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc..(Connolly, Scott) |
Filing 67 NOTICE of Appearance by Scott Joseph Connolly on behalf of Donald Talbot, DTalbot Designs, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc. (Connolly, Scott) |
Filing 66 NOTICE of Appearance by Robert M. Shea on behalf of Donald Talbot, DTalbot Designs, LLC, Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc. (Shea, Robert) |
Filing 65 SUMMONS Returned Executed Donald Talbot served on 6/6/2009, answer due 6/26/2009. (Worcester, Courtney) |
Filing 64 SUMMONS Returned Executed David Walsh served on 6/5/2009, answer due 6/25/2009. (Worcester, Courtney) |
Filing 63 SUMMONS Returned Executed Joseph Vaudo, LLC served on 6/5/2009, answer due 6/25/2009. (Worcester, Courtney) |
Filing 62 SUMMONS Returned Executed Jack Danhof served on 6/12/2009, answer due 7/2/2009. (Worcester, Courtney) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #52 Motion for Extension of Time to 7/20/2009 for Service of Process (Abaid, Kimberly) |
Filing 61 Opposition re #52 MOTION for Extension of Time to 7/20/09 to for service of process And For Alternative Service filed by Rajendro Bisso, Samuel Rosenberg. (Levin, Eric) |
Filing 60 MEMORANDUM in Opposition re #52 MOTION for Extension of Time to 7/20/09 to for service of process And For Alternative Service filed by Donald Talbot, DTalbot Designs, LLC, Joseph Vaudo, Joseph Vaudo, LLC, Dean Jennings, Interiors By Design, LLC, Jack Danhof, Danhof Home Improvement. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Connolly, Scott) |
Filing 59 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, a copy of which is attached to this entry.. (Scalfani, Deborah) |
Filing 58 Transcript of Scheduling Conference held on April 22, 2009, before Judge Tauro. Court Reporter: Carol Lynn Scott at 617/330-1377. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Redaction Request due 6/19/2009. Redacted Transcript Deadline set for 6/29/2009. Release of Transcript Restriction set for 8/27/2009. (Scalfani, Deborah) |
Filing 57 CORPORATE DISCLOSURE STATEMENT by Snix Corp, Inc.. (Connolly, Scott) |
Filing 56 ANSWER to #7 Amended Complaint, by Snix Corp, Inc..(Connolly, Scott) |
Filing 55 NOTICE of Appearance by Robert M. Shea on behalf of Snix Corp, Inc. (Shea, Robert) |
Filing 54 NOTICE of Appearance by Scott Joseph Connolly on behalf of Snix Corp, Inc. (Connolly, Scott) |
Filing 53 DECLARATION re #52 MOTION for Extension of Time to 7/20/09 to for service of process And For Alternative Service by Empire Today, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Worcester, Courtney) |
Filing 52 MOTION for Extension of Time to 7/20/09 to for service of process And For Alternative Service by Empire Today, LLC. (Attachments: #1 Plaintiff Empire Today LLC's Memo in Support of Its Motion For Extension of Time For Service of Process and For Alternative Service)(Worcester, Courtney) |
Filing 51 Judge Joseph L. Tauro: ORDER entered. PROCEDURAL ORDER re Status/Pretrial Conference.Pretrial Conference set for 1/5/2010 10:00 AM in Courtroom 22 before Judge Joseph L. Tauro.(Abaid, Kimberly) |
Filing 50 Judge Joseph L. Tauro: ORDER entered re: DISCOVERY. The listed depositions shall be completed by December 31, 2009. Defendants' oral Motion to Dismiss any Defendants who have not been served is DENIED WITHOUT PREJUDICE to reraising the issue in a fully briefed motion at a later date. No further discovery is permitted without leave of this Court. A Further Conference is scheduled for January 5, 2010 at 10:00 AM in Courtroom 20 before Judge Joseph L. Tauro.(Abaid, Kimberly) |
Electronic Clerk's Notes for proceedings held before Judge Joseph L. Tauro: Scheduling Conference held on 4/22/2009. (see order for details) A further/pre-trial conference will be held on January 5, 2010 at 10:00 a.m. (Court Reporter: Carol Scott.)(Attorneys present: Worcester,pltf.,Shea,Levin,defts.) (Lovett, Zita) |
Filing 49 JOINT STATEMENT re scheduling conference. (Attachments: #1 Exhibit Plaintiff's Certification Pursuant To Local Rule 16.1 (D)(3), #2 Exhibit Local Rule 16.1(D)(3) Certification of Defendants National Floors Direct, Barry Amidon, Charles Whipple, #3 Exhibit Certification Pursuant to Local Rule 16.1(D)(3), #4 Exhibit List of Proposed Deponents)(Worcester, Courtney) |
Filing 48 NOTICE of Appearance by Eric D. Levin on behalf of National Floors Direct, Inc., Charles Whipple, Barry Amidon (Levin, Eric) |
Filing 47 Judge Joseph L. Tauro: RULE 26 DISCOVERY ORDER entered. (Abaid, Kimberly) |
Filing 46 NOTICE of Scheduling Conference Scheduling Conference set for 4/22/2009 12:00 PM in Courtroom 22 before Judge Joseph L. Tauro. (Abaid, Kimberly) |
Filing 45 ANSWER to #7 Amended Complaint, by Donald Plouff, Hard Knocks Corporation, John Jary, RJ Connection, LLC.(Connolly, Scott) |
Filing 44 CORPORATE DISCLOSURE STATEMENT by Hard Knocks Corporation, RJ Connection, LLC. (Connolly, Scott) |
Filing 43 NOTICE of Appearance by Scott Joseph Connolly on behalf of Donald Plouff, Hard Knocks Corporation, John Jary, RJ Connection, LLC (Connolly, Scott) |
Filing 42 NOTICE of Appearance by Robert M. Shea on behalf of Donald Plouff, Hard Knocks Corporation, John Jary, RJ Connection, LLC (Shea, Robert) |
Filing 41 CORPORATE DISCLOSURE STATEMENT by National Floors Direct, Inc.. (Curran, Thomas) |
Filing 40 ANSWER to #1 Complaint, #7 Amended Complaint, by Joseph Ouellette.(Abaid, Kimberly) |
Filing 39 ANSWER to #1 Complaint, #7 Amended Complaint, by JOSLS LLC.(Abaid, Kimberly) |
Filing 38 National Floors Direct ANSWER to #7 Amended Complaint, by National Floors Direct, Inc..(Curran, Thomas) |
Filing 37 NOTICE of Appearance by Thomas H. Curran on behalf of National Floors Direct, Inc. (Curran, Thomas) |
Filing 36 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Donald Plouff served on 2/19/2009, answer due 3/11/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 35 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. National Floors Direct, Inc. served on 2/11/2009, answer due 3/3/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 34 ANSWER to #7 Amended Complaint, by Lawrence Tattenbaum, Lawrence Tattenbaum, LLC.(Connolly, Scott) |
Filing 33 CORPORATE DISCLOSURE STATEMENT by Lawrence Tattenbaum, LLC. (Connolly, Scott) |
Filing 32 NOTICE of Appearance by Scott Joseph Connolly on behalf of Lawrence Tattenbaum, Lawrence Tattenbaum, LLC (Connolly, Scott) |
Filing 31 NOTICE of Appearance by Robert M. Shea on behalf of Lawrence Tattenbaum, Lawrence Tattenbaum, LLC (Shea, Robert) |
Filing 30 ANSWER to #7 Amended Complaint, by Diane Johnston, DL Johnston, LLC.(Abaid, Kimberly) |
Filing 29 NOTICE of Appearance by Thomas H. Curran on behalf of Charles Whipple, Barry Amidon (Curran, Thomas) |
Filing 28 ANSWER to #7 Amended Complaint, With Certificate of Service by Charles Whipple, Barry Amidon.(Curran, Thomas) |
Filing 27 ANSWER to #7 Amended Complaint, by Greg Hickey, RMC.com, LLC, Sean Maclellan, Robert Paiva, Paiva Enterprises, LLC, Dan Esposito, Foxon Flooring, LLC.(Connolly, Scott) |
Filing 26 CORPORATE DISCLOSURE STATEMENT by RMC.com, LLC, Paiva Enterprises, LLC, Foxon Flooring, LLC. (Connolly, Scott) |
Filing 25 NOTICE of Appearance by Scott Joseph Connolly on behalf of Greg Hickey, RMC.com, LLC, Sean Maclellan, Robert Paiva, Paiva Enterprises, LLC, Dan Esposito, Foxon Flooring, LLC (Connolly, Scott) |
Filing 24 NOTICE of Appearance by Robert M. Shea on behalf of Greg Hickey, RMC.com, LLC, Sean Maclellan, Robert Paiva, Paiva Enterprises, LLC, Dan Esposito, Foxon Flooring, LLC (Shea, Robert) |
Filing 23 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Joseph Ouellette served on 2/5/2009, answer due 2/25/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 22 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. JOSLS LLC served on 2/5/2009, answer due 2/25/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 21 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Barry Amidon served on 1/28/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 20 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Charles Whipple served on 1/28/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 19 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. DL Johnston, LLC served on 2/4/2009, answer due 2/24/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 18 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Diane Johnston served on 2/4/2009, answer due 2/24/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 17 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Robert Johnson served on 1/27/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 16 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. August-Eleven, LLC served on 1/27/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 15 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Paiva Enterprises, LLC served on 1/27/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 14 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Robert Paiva served on 1/27/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Lane, Roger) |
Filing 13 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. RMC.com, LLC served on 1/26/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 12 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Greg Hickey served on 1/26/2009, answer due 2/15/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) Modified on 2/2/2009 (Abaid, Kimberly). |
Filing 11 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Sean Maclellan served on 1/26/2009, answer due 2/15/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) Modified on 2/2/2009 to correct dates (Abaid, Kimberly). |
Filing 10 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Dan Esposito served on 1/28/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) Modified on 2/2/2009 to correct dates(Abaid, Kimberly). |
Filing 9 AFFIDAVIT OF SERVICE Executed by Empire Today, LLC. Foxon Flooring, LLC served on 1/28/2009, answer due 2/17/2009. Acknowledgement filed by Empire Today, LLC. (Worcester, Courtney) |
Filing 8 Summons Issued as to John Jary, Dean Jennings, Charles Whipple, RJ Connection, LLC, Interiors By Design, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Abaid, Kimberly) |
Filing 7 First AMENDED COMPLAINT against all defendants, filed by Empire Today, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B-D, #3 Exhibit E-G, #4 Exhibit H-J, #5 Exhibit K-M, #6 Exhibit N-P, #7 Exhibit Q-R, #8 Exhibit S-T, #9 Exhibit U-V, #10 Exhibit W-1, #11 Exhibit W-2)(Lane, Roger) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew J. Caccamo, John Letchinger Filing fee $ 100, receipt number 01010000000002222744. by Empire Today, LLC. (Attachments: #1 Exhibit Certificate of Admission, #2 Exhibit Certificate of Admission)(Lane, Roger) |
Filing 5 NOTICE of Appearance by Courtney Worcester on behalf of Empire Today, LLC (Worcester, Courtney) |
Judge Joseph L. Tauro: Electronic ORDER entered granting #6 Motion for Leave to Appear Pro Hac Vice; Added Matthew J. Caccamo for Empire Today, LLC, John Letchinger for Empire Today, LLC. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Forms and then scroll down to CM/ECF Forms. (Abaid, Kimberly) |
Filing 4 Summons Issued as to Greg Hickey, RMC.com, LLC, Robert Johnson, August-Eleven, LLC, Diane Johnston, DL Johnston, LLC, Louis Lamour, Louis Lamour Enterprises, LLC, Sean Maclellan, Snix Corp, Inc., Joseph Ouellette, JOSLS LLC, Robert Paiva, Paiva Enterprises, LLC, Donald Plouff, Hard Knocks Corporation, Donald Talbot, DTalbot Designs, LLC, Lawrence Tattenbaum, Lawrence Tattenbaum, LLC, National Floors Direct, Inc., Joseph Vaudo, Joseph Vaudo, LLC, David Walsh, Corner Designs, Inc., Rajendro Bisso, Samuel Rosenberg, Barry Amidon, Jack Danhof, Danhof Home Improvement, Dan Esposito, Foxon Flooring, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Edge, Eugenia) |
Filing 3 Civil Cover Sheet & Category Sheet re #1 Complaint, by Empire Today, LLC. (Attachments: #1 Category Sheet)(Edge, Eugenia) |
Filing 2 CORPORATE DISCLOSURE STATEMENT by Empire Today, LLC. (Lane, Roger) |
ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Alexander (Edge, Eugenia) |
Filing 1 COMPLAINT against all defendants Filing fee: $ 350, receipt number 01010000000002211232, filed by Empire Today, LLC. (Attachments: #1 Exhibit A-C, #2 Exhibit D-F, #3 Exhibit G-I, #4 Exhibit J-L, #5 Exhibit M-O, #6 Exhibit P-R, #7 Exhibit S-T, #8 Civil Cover Sheet, #9 General Form)(Lane, Roger) |
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