American Dairy Queen Corporation v. W.B. Mason Co., Inc.
| American Dairy Queen Corporation |
| W.B. Mason Co., Inc. |
| 0:2018cv00693 |
| March 12, 2018 |
| US District Court for the District of Minnesota |
| DMN Office |
| Hennepin |
| Hildy Bowbeer |
| Susan Richard Nelson |
| David T Schultz |
| Elizabeth Cowan Wright |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 459
(Text-Only) ORDER Directing Clerk to set document restrictions as follows: Document Number(s) to be UNSEALED: 454, 457. Ordered by Judge Susan Richard Nelson on 6/17/2022. (MJC)
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Filing 458
NOTICE by W.B. Mason Co., Inc. Letter to Judge Nelson on Sealed Decision (Dempster, Melanie)
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Filing 457
SEALED JUDMENT. (Attachments: #1 Civil Notice - appeal)(KNK)
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Filing 456
List of Defendant's Exhibits Admitted at Trial. (SMD)
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Filing 455
List of Plaintiff's Exhibits Admitted at Trial. (SMD)
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Filing 454
SEALED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Signed by Judge Susan Richard Nelson on 6/10/2022. (MJC)
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Filing 453
NOTICE of Withdrawal as Attorney for Plaintiff (Littman, Molly)
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Filing 452
TRIAL BRIEF Defendant's Response to Plaintiff's Proposed Findings of Fact and Proposed Conclusions of Law by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 451
TRIAL BRIEF Plaintiff's Response to Defendant's Proposed Conclusions of Law and Proposed Findings of Fact by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 450
PROPOSED ORDER TO JUDGE RE FINDINGS OF FACT/CONCLUSIONS OF LAW . (Attachments: #1 Exhibit(s) A)(Eyler, Dean)
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Filing 449
PROPOSED ORDER TO JUDGE RE FINDINGS OF FACT/CONCLUSIONS OF LAW . (Dempster, Melanie)
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Filing 448
BRIEFING ORDER Proposed findings of fact and conclusions of law are due on or before 12/3/2021. Responses, which are limited to 15 pages, are due by 12/15/2021. Signed by Judge Susan Richard Nelson on 11/15/2021. (SMD)
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Filing 447
TRANSCRIPT of Trial (Volume XIII) held on 11/8/2021 before Judge Susan Richard Nelson. (178 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 446
TRANSCRIPT of Trial (Volume XII) held on 11/5/2021 before Judge Susan Richard Nelson. (6 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 445
TRANSCRIPT of Trial (Volume XI) held on 10/21/2021 before Judge Susan Richard Nelson. (90 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 444
TRANSCRIPT of Trial (Volume X) held on 10/20/2021 before Judge Susan Richard Nelson. (197 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 443
TRANSCRIPT of Trial (Volume IX) held on 10/19/2021 before Judge Susan Richard Nelson. (202 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 442
TRANSCRIPT of Trial (Volume VIII) held on 10/18/2021 before Judge Susan Richard Nelson. (238 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 441
TRANSCRIPT of Trial (Volume VII) held on 10/14/2021 before Judge Susan Richard Nelson. (210 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB) Modified text on 2/7/2022 (kt).
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Filing 440
TRANSCRIPT of Trial (Volume VI) held on 10/13/2021 before Judge Susan Richard Nelson. (212 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 439
TRANSCRIPT of Trial (Volume V) held on 10/12/2021 before Judge Susan Richard Nelson. (248 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB) Modified text on 11/10/2021 (MMP).
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Filing 438
TRANSCRIPT of Trial (Volume IV) held on 9/30/2021 before Judge Susan Richard Nelson. (83 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 437
TRANSCRIPT of Trial (Volume III) held on 9/29/2021 before Judge Susan Richard Nelson. (191 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 436
RESTRICTED TRANSCRIPT of Trial (under seal) held on 09/28/2021 before Judge Susan Richard Nelson. (7 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents. (CRB)
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Filing 435
TRANSCRIPT of Trial (Volume II) held on 9/28/2021 before Judge Susan Richard Nelson. (305 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 434
TRANSCRIPT of Trial held on 9/27/2021 before Judge Susan Richard Nelson. (205 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 11/16/2021. Redaction Request due 11/30/2021. Redacted Transcript Deadline set for 12/10/2021. Release of Transcript Restriction set for 2/7/2022. (CRB)
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Filing 433
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY 12 of Bench Trial held on 11/8/2021; granting in part and denying in part #406 Motion to Strike Portions of Dr. Erick Joachimsthaler's Trial Testimony; Plaintiff calls Rebuttal Witness David Stewart; Plaintiff rests its rebuttal case. Closing arguments by Mr. Kravitz for Defendant and Mr. Eyler for Plaintiff. (Court Reporter Carla Bebault) (SMD) Modified text on 11/8/2021 (SMD).
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Filing 432
Exhibit List Amended by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 431
Exhibit List Amended by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 430
STIPULATION OF REBUTTAL FACTS by W.B. Mason Co., Inc.. Jointly Signed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) P-396, #2 Exhibit(s) P-398, #3 Exhibit(s) P-400, #4 Exhibit(s) D-489, #5 Exhibit(s) D-490)(Dempster, Melanie)
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Filing 429
Minute Entry for proceedings held via video conference before Judge Susan Richard Nelson: Status Conference held on 11/5/2021. (Court Reporter Carla Bebault) (SMD)
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Filing 428
MEMORANDUM in Opposition re #425 MOTION To Exclude Rebuttal Evidence filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) A, #3 Exhibit(s) B, #4 Exhibit(s) C, #5 Exhibit(s) D, #6 Exhibit(s) E)(Eyler, Dean)
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Filing 427
PROPOSED ORDER TO JUDGE re #425 MOTION To Exclude Rebuttal Evidence filed by W.B. Mason Co., Inc..(Dempster, Melanie)
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Filing 426
MEMORANDUM in Support re #425 MOTION To Exclude Rebuttal Evidence filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6)(Dempster, Melanie)
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Filing 425
MOTION To Exclude Rebuttal Evidence filed by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 424
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY ELEVEN of Bench Trial held on 10/21/2021. Defendant's witnesses Katherine Treankler and Terrence Kiel testify through video depositions. Defendant rests. (Court Reporter Carla Bebault) (SMD)
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Filing 423
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY TEN of Bench Trial held on 10/20/2021. Granting #409 Motion for Partial Findings of Fact on Plaintiffs Claim for Disgorgement of Profits. Defendant's witness Richard Magee testifies in person. Jessica Arceri, Christopher Canavati, and Dana Blizzard testify through video depositions. (Court Reporter Carla Bebault) (SMD)
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Filing 420
ORDER re: objections to the parties' designations of certain proposed trial testimony from the deposition of Terrence Kiel. (Written Opinion). Signed by Judge Susan Richard Nelson on 10/20/2021. (VBJ)
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Filing 422
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY NINE of Bench Trial held on 10/19/2021. Oral Argument held on Defendant W.B. Mason's Motion for Partial Findings of Fact on Plaintiff's Claim for Disgorgement of Profits [Doc. No. 409]. Plaintiff rests. Defendant's witness Sarah Butler testifies in person. William Komassa, Gerald Depies and Pamela Kittter testify through video depositions. (Court Reporter Carla Bebault) (SMD)
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Filing 419
STIPULATION regarding Defendant's Trial Exhibits by W.B. Mason Co., Inc.. Jointly Signed by American Dairy Queen Corporation. (Dempster, Melanie)
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Filing 421
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY EIGHT of Bench Trial held on 10/18/2021. Elisa Edlund testifies via zoom video conferencing; Wayne D. Hoyer testifies. (Court Reporter Carla Bebault) (SMD)
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Filing 418
MEMORANDUM in Opposition re #409 MOTION Judgment on Partial Findings on Disgorgement of Profits filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 417
ORDER re: objections to the parties' designations of certain proposed trial testimony from the depositions of Jessica Arceri, Pamela Kitter, Dana Blizzard, and Jennifer Lewin. (Written Opinion) Signed by Judge Susan Richard Nelson on 10/18/2021. (VBJ)
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Filing 416
MEMORANDUM in Opposition re #406 MOTION Strike Portions of Dr. Erich Joachimsthaler's Trial Testimony filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3)(Eyler, Dean)
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Filing 413
(Text-Only) BRIEFING ORDER. Plaintiff may respond by 8:00 p.m. on 10/18/21 to #409 Defendant's Motion for Judgment on Partial Findings on Plaintiff's Claim for Disgorgement of Profits. Ordered by Judge Susan Richard Nelson on 10/15/2021. (MJC)
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Filing 411
PROPOSED ORDER TO JUDGE re #409 MOTION Judgment on Partial Findings on Disgorgement of Profits filed by W.B. Mason Co., Inc..(Dempster, Melanie)
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Filing 410
MEMORANDUM in Support re #409 MOTION Judgment on Partial Findings on Disgorgement of Profits filed by W.B. Mason Co., Inc..(Dempster, Melanie)
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Filing 409
MOTION Judgment on Partial Findings on Disgorgement of Profits filed by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 415
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY SEVEN of Bench Trial held on 10/14/2021. Plaintiff's Witnesses Erich Joachimsthaler, Richard McGee (via video deposition) and Rae Wang testify. (Court Reporter Carla Bebault) (SMD)
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Filing 408
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #407 Sealed Document(s) - [407-1 ]Sealed Exhibit 1, [407-2] Sealed Exhibit 2 filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 407
SEALED EXHIBIT 1: Expert Report of Erich Joachimsthaler re #406 MOTION Strike Portions of Dr. Erich Joachimsthaler's Trial Testimony filed by W.B. Mason. (Attachments: #1 Restricted Exhibits 2: Supplemental Expert Report of Erich Joachimsthaler)(Johnson, Thomas)
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Filing 406
MOTION Strike Portions of Dr. Erich Joachimsthaler's Trial Testimony filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 3: Expert Report of Dr. Wayne D. Hoyer, #2 Exhibit(s) 4: Portions of Trial Testimony)(Johnson, Thomas)
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Filing 414
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY SIX of Bench Trial held on 10/13/2021. Plaintiff's Witnesses Elisa Edlund (via zoom) and Erich Joachimsthaler testify. (Court Reporter Carla Bebault) (SMD)
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Filing 405
ORDER re: objections to the parties' designations of certain proposed trial testimony from the depositions of William Komassa, Gerald Depies, and Christopher Canavati. Signed by Judge Susan Richard Nelson on 10/13/2021. (SMD)
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Filing 412
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY FIVE of Bench Trial held on 10/12/2021. Plaintiff's Witnesses Kane Winn (via zoom), Robert Simmons (via zoom) and Matthew Rogers (via video deposition) testify. Defendant's Witness Leo Meehan testifies. (Court Reporter Carla Bebault) (SMD) Modified text on 10/15/2021 (SMD).
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Filing 404
Exhibit List PLAINTIFF'S AMENDED EXHIBIT LIST by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 403
Exhibit List REVISED by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 400
ORDER on objections to parties' designations of proposed trial testimony in the videotaped depositions of Despina Tolides and Matthew Rogers. Signed by Judge Susan Richard Nelson on 10/8/2021. (SMD)
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Filing 399
ORDER denying #294 Joint Motion Regarding Continued Sealing. Document Number(s) to be UNSEALED: 290. Order on continued sealing becomes final on 11/1/2021 unless further timely submissions are filed. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/4/2021. (SK)
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Filing 402
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY FOUR of Bench Trial held on 9/30/2021. Plaintiff's Witnesses Dr. Deborah Jay and Jon Gallant (via zoom) testify. (Court Reporter Carla Bebault) (SMD)
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Filing 398
Exhibit List Amended by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 401
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY THREE of Bench Trial held on 9/29/2021. Plaintiff's Witnesses Susan Culver, Jenell Lammers, and Dr. Deborah Jay testify. Plaintiff's Motion to Admit Evidence Under FRE 803(16) is DENIED. Based on this ruling, certain testimony of Mr. Glosemeyer (9/29/21) as identified by defense counsel is hereby stricken from the record. (Court Reporter Carla Bebault) (SMD)
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Filing 397
ORDER overruling objections to parties' designations of proposed trial testimony in the videotaped deposition of Richard McGee, dated February 7, 2020. Signed by Judge Susan Richard Nelson on 9/29/2021. (SMD)
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Filing 396
Minute Entry for proceedings held before Judge Susan Richard Nelson: DAY TWO of Bench Trial held on 9/28/2021. Plaintiff's Witnesses Kelly Kenny, Lance Glosemeyer, Lisa Jesser, and Mary Joyce testify. (Court Reporter Carla Bebault) (SMD)
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Filing 395
Exhibit List REVISED by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 394
Minute Entry for proceedings held before Judge Susan Richard Nelson: Bench Trial begun on 9/27/2021. Opening Statements by Mr. Eyler for Plaintiff and Mr. Kravitz for Defendant. Plaintiff's Witness Kelly Kenny testifies. (Court Reporter Carla Bebault) (SMD) Modified text on 9/28/2021 (SMD).
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Filing 393
PROPOSED ORDER TO JUDGE re #392 MOTION Plaintiff's Motion to Admit Evidence Based on Ancient Records Exception to the Hearsay Rule filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 392
MOTION Plaintiff's Motion to Admit Evidence Based on Ancient Records Exception to the Hearsay Rule filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 391
ORDER re: objections to parties' designations of the videotaped deposition of Jennell Lammers, dated March 2, 2020. Signed by Judge Susan Richard Nelson on 9/27/2021.(SMD)
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Filing 390
Exhibit List Amended by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 389
Exhibit List Amended by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 388
Exhibit List REVISED by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 387
Exhibit List Amended by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 386
TRANSCRIPT of Final Pretrial Conference held on 9/8/2021 before Judge Susan Richard Nelson. (86 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 9/28/2021. Redaction Request due 10/12/2021. Redacted Transcript Deadline set for 10/22/2021. Release of Transcript Restriction set for 12/20/2021. (CRB)
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Filing 385
TRANSCRIPT REQUEST for a COPY OF TRANSCRIPT #379 Order on Motion in Limine,,,,,, Order on Motion to Quash,, Pretrial Conference - Final to Court Reporter Carla Bebault. (Johnson, Thomas)
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Filing 384
TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of #379 Order on Motion in Limine,,,,,, Order on Motion to Quash,, Pretrial Conference - Final to Court Reporter Carla Bebault. (Eyler, Dean)
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Filing 383
List of Deposition Testimony Supplemental Deposition Designations for Matthew Rogers and Richard McGee submitted by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 382
List of Deposition Testimony (Supplemental Deposition Designations for Jennell Lammers) submitted by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 381
EXPEDITED HOURLY TRANSCRIPT SERVICES REQUEST to Court Reporter Carla Bebault. (Eyler, Dean)
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Filing 380
REAL-TIME FEED & EXPEDITED HOURLY TRANSCRIPT SERVICES REQUEST to Court Reporter Carla Bebault. (Johnson, Thomas)
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Filing 379
Minute Entry for proceedings held before Judge Susan Richard Nelson: Final Pretrial Conference held on 9/8/2021. See Minutes (attached) for rulings issued from the bench. (Court Reporter Carla Bebault) (SMD)
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Filing 378
Exhibit List (REVISED) by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 377
DECLARATION of Molly R. Littman re #376 Memorandum in Opposition to Motion by American Dairy Queen Corporation in Limine to Exclude Late-Produced Documents. (Attachments: #1 Exhibit(s) A)(Eyler, Dean)
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Filing 376
MEMORANDUM in Opposition re #333 MOTION in Limine to Exclude Late-Produced Documents filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 375
MEMORANDUM in Opposition re #323 MOTION in Limine to Exclude Evidence after 2003 to Prove Fame filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 374
MEMORANDUM in Opposition re #351 MOTION in Limine to Exclude Third Party Use Evidence filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 373
MEMORANDUM in Opposition re #327 MOTION in Limine to Exclude Evidence of Initial Interest Confusion filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 372
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #371 Sealed Document(s) - #370 Sealed Exhibit 5; [371-1] Sealed Exhibit 6 to the Declaration of Gina McCreadie filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 371
SEALED EXHIBIT 5 to McCreadie Declaration: Excerpts from the Deposition Transcript of Elisa Edlund re #370 Declaration in Opposition,, filed by Defendant. (Attachments: #1 Restricted Exhibits 6 to McCreadie Declaration: Excerpts from the Deposition Testimony of Kelly Kenny)(Johnson, Thomas)
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Filing 370
DECLARATION of Gina M. McCreadie in Opposition to #346 MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: Plaintiff's Trial Exhibit P-294, #2 Exhibit(s) 2: Exhibit 1 to Deposition of Kelly Kenny, #3 Exhibit(s) 3: Email dated 03/22/20, #4 Exhibit(s) 4: Emails dated 06/23/20-06/24/20, #5 Exhibit(s) 7: Email dated 08/16/21, #6 Exhibit(s) 8: ADQ's Initial Disclosures)(Johnson, Thomas)
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Filing 369
MEMORANDUM in Opposition re #319 MOTION in Limine to Preclude Plaintiff from Offering any Evidence of Intent and, Correspondingly, to Preclude Plaintiff from Pursuing a Claim for Disgorgement of Profits filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 368
MEMORANDUM in Opposition re #346 MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 367
DECLARATION of Molly R. Littman re #366 Memorandum in Opposition to Motion by American Dairy Queen Corporation In Limine to Exclude Evidence of Subsequent Remedial Measures. (Attachments: #1 Exhibit(s) A)(Eyler, Dean)
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Filing 366
MEMORANDUM in Opposition re #314 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 365
DECLARATION of Dean C. Eyler re #364 Memorandum in Opposition to Motion by American Dairy Queen Corporation Opposition to Defendant's Motion in Limine to Limit the Testimony of David Stewart. (Attachments: #1 Exhibit(s) A)(Eyler, Dean)
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Filing 364
MEMORANDUM in Opposition re #341 MOTION in Limine to Limit the Testimony of David W. Stewart filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 363
List of Deposition Testimony Deposition Counter-Designations and Objections to Defendant's Corrected Deposition Designations submitted by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 362
List of Deposition Testimony Defendant W.B. Mason's Objections to Plaintiff's Deposition Designations submitted by W.B. Mason Co., Inc.. (Dempster, Melanie)
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Filing 361
TRIAL BRIEF by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 360
TRIAL BRIEF by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 359
Corrected Witness List by American Dairy Queen Corporation. (Eyler, Dean) Modified text on 8/31/2021 (MMG).
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Filing 358
List of Deposition Testimony (CORRECTED) Deposition Designations submitted by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 357
List of Deposition Testimony , Plaintiff's Deposition Designations submitted by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 356
List of Deposition Testimony submitted by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 355
PROPOSED ORDER TO JUDGE re #351 MOTION in Limine to Exclude Third Party Use Evidence filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 354
MEET and CONFER STATEMENT re #351 Motion in Limine filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 353
MEMORANDUM in Support re #351 MOTION in Limine to Exclude Third Party Use Evidence filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 352
NOTICE OF HEARING ON MOTION #351 MOTION in Limine to Exclude Third Party Use Evidence : Motion Hearing set for 9/8/2021 at 09:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (Eyler, Dean)
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Filing 351
MOTION in Limine to Exclude Third Party Use Evidence filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 350
PROPOSED ORDER TO JUDGE re #346 MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 349
MEET and CONFER STATEMENT re #346 Motion to Quash filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 348
MEMORANDUM in Support re #346 MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) A, #2 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 347
NOTICE OF HEARING ON MOTION #346 MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas : September 8, 2021 at 9:00 am Date and time to be determined. (Eyler, Dean)
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Filing 346
MOTION to Quash Broze, Montgomery, Braasch, and Culver Trial Subpoenas filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 345
PROPOSED ORDER TO JUDGE re #341 MOTION in Limine to Limit the Testimony of David W. Stewart filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 344
MEET and CONFER STATEMENT re #341 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 343
Declaration of Gina M. McCreadie in Support of #341 MOTION in Limine to Limit the Testimony of David W. Stewart filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: Expert Report of David W. Stewart, #2 Exhibit(s) 2: Joachimsthaler Deposition Excerpts, #3 Exhibit(s) 3: Stewart Deposition Excerpts)(Johnson, Thomas)
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Filing 342
MEMORANDUM in Support re #341 MOTION in Limine to Limit the Testimony of David W. Stewart filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 341
MOTION in Limine to Limit the Testimony of David W. Stewart filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 340
PROPOSED ORDER TO JUDGE re #333 MOTION in Limine to Exclude Late-Produced Documents filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 339
MEET and CONFER STATEMENT re #333 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 338
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #337 Sealed Document(s) - #337 Sealed Exhibit 8 filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 337
SEALED EXHIBIT 8 : Kenny Depo Excerpts re #336 Declaration in Support,, filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 336
Declaration of Gina M. McCreadie in Support of #333 MOTION in Limine to Exclude Late-Produced Documents filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: ADQ0441477-83, #2 Exhibit(s) 2: ADQ0441993-98, #3 Exhibit(s) 3: HEART_0000083-88, #4 Exhibit(s) 4: HEART_0000089-95, #5 Exhibit(s) 5: ADQ0441974-85, #6 Exhibit(s) 6: Plaintiff's Responses to Defendant's First Set of Document Requests, #7 Exhibit(s) 7: Plaintiff's Answers to Defendant's First Set of Interrogatories)(Johnson, Thomas)
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Filing 335
Witness List by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 334
MEMORANDUM in Support re #333 MOTION in Limine to Exclude Late-Produced Documents filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 333
MOTION in Limine to Exclude Late-Produced Documents filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 332
PROPOSED ORDER TO JUDGE re #327 MOTION in Limine to Exclude Evidence of Initial Interest Confusion filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 331
MEET and CONFER STATEMENT re #327 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 330
Declaration of Gina M. McCreadie in Support of #327 MOTION in Limine to Exclude Evidence of Initial Interest Confusion filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: Plaintiff's Rule 26(a)(1) Initial Disclosures, #2 Exhibit(s) 2: Plaintiff's Answers to Defendant's First Set of Interrogatories, #3 Exhibit(s) 3: Plaintiff's Supplemental Answer to Defendant's First Set of Interrogatories, #4 Exhibit(s) 4: Plaintiff's Third Supplemental Answers to Defendant's First Set of Interrogatories, #5 Exhibit(s) 5: Letters)(Johnson, Thomas)
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Filing 329
Exhibit List by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 328
MEMORANDUM in Support re #327 MOTION in Limine to Exclude Evidence of Initial Interest Confusion filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 327
MOTION in Limine to Exclude Evidence of Initial Interest Confusion filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 326
PROPOSED ORDER TO JUDGE re #323 MOTION in Limine to Exclude Evidence after 2003 to Prove Fame filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 325
MEET and CONFER STATEMENT re #323 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 324
MEMORANDUM in Support re #323 MOTION in Limine to Exclude Evidence after 2003 to Prove Fame filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 323
MOTION in Limine to Exclude Evidence after 2003 to Prove Fame filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 322
PROPOSED ORDER TO JUDGE re #319 MOTION in Limine to Preclude Plaintiff from Offering any Evidence of Intent and, Correspondingly, to Preclude Plaintiff from Pursuing a Claim for Disgorgement of Profits filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 321
MEET and CONFER STATEMENT re #319 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 320
MEMORANDUM in Support re #319 MOTION in Limine to Preclude Plaintiff from Offering any Evidence of Intent and, Correspondingly, to Preclude Plaintiff from Pursuing a Claim for Disgorgement of Profits filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 319
MOTION in Limine to Preclude Plaintiff from Offering any Evidence of Intent and, Correspondingly, to Preclude Plaintiff from Pursuing a Claim for Disgorgement of Profits filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 318
PROPOSED ORDER TO JUDGE re #314 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 317
MEET and CONFER STATEMENT re #314 Motion in Limine filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 316
Declaration of Gina M. McCreadie in Support of #314 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: Plaintiffs Supplemental Answers to Defendant's First Set of Interrogatories)(Johnson, Thomas)
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Filing 315
BRIEF re #314 MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 314
MOTION in Limine to Exclude Evidence of Subsequent Remedial Measures filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 313
Exhibit List by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 312
Witness List by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 311
TEXT ONLY ENTRY: ORDER granting #309 Motion for Admission Pro Hac Vice of Attorney Gina M. McCreadie for W.B. Mason Co., Inc.; granting #310 Motion for Admission Pro Hac Vice of Attorney Melanie Dempster for W.B. Mason Co., Inc. Approved by Magistrate Judge Elizabeth Cowan Wright on 8/18/2021. (NAH)
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Filing 310
MOTION for Admission Pro Hac Vice for Attorney Melanie P. Dempster. Filing fee $ 100, receipt number AMNDC-8952765 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 309
MOTION for Admission Pro Hac Vice for Attorney Gina M. McCreadie. Filing fee $ 100, receipt number AMNDC-8952698 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 308
NOTICE of Withdrawal as Attorney of Juliet DeFrancisco as counsel for Defendant W.B. Mason Co., Inc. (Johnson, Thomas)
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Filing 307
NOTICE of Withdrawal as Attorney by Kathleen Ceglarski Burns as counsel for Defendant W.B. Mason Co., Inc. (Johnson, Thomas)
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Filing 306
FOURTH AMENDED TRIAL NOTICE AND FINAL PRETRIAL ORDER: Bench Trial set for 9/27/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Final Pretrial Conference set for 9/8/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Signed by Judge Susan Richard Nelson on 8/13/2021. (Attachments: #1 Sample Civil Jury Questionnaire, #2 Sample Medical Questionnaire)(SMD) Modified text on 8/13/2021 (SMD).
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Filing 305
LETTER TO DISTRICT JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas)
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Filing 304
THIRD AMENDED TRIAL NOTICE AND FINAL PRETRIAL ORDER. Bench Trial set for 9/27/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Final Pretrial Conference set for 9/10/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Amended to add Instruction for Bench Trials on pg. 4. Signed by Judge Susan Richard Nelson on 8/5/2021. (Attachments: #1 Sample Civil Jury Questionnaire, #2 Sample Medical Questionnaire)(SMD)
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Filing 303
LETTER TO MAGISTRATE JUDGE by American Dairy Queen Corporation re Mediation. No resolution.. (Eyler, Dean)
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Filing 302
(Text-Only) ORDER/NOTICE: The Settlement Conference that was scheduled for 8/13/21 is CANCELLED. the parties have advised the Court that they are scheduled for private mediation on July 20, 2021. The parties must file a letter informing the Court of the result of the mediation within 5 days after it concludes. Ordered by Magistrate Judge Elizabeth Cowan Wright on 7/9/2021.(TMA)
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Filing 301
SECOND AMENDED TRIAL NOTICE AND FINAL PRETRIAL ORDER: Bench Trial set for 9/27/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Pretrial Conference set for 9/10/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. See Order for additional deadlines and requirements. Signed by Judge Susan Richard Nelson on 7/6/2021. (Attachments: #1 Sample Jury Questionnaire, #2 Sample Medical Questionnaire)(SMD)
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Filing 300
AMENDED TRIAL NOTICE AND FINAL PRETRIAL ORDER: Bench Trial set for 9/27/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Final Pretrial Conference set for 9/10/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. **Note: new date for Final Pretrial Conference. See Order for additional deadlines and requirements. Signed by Judge Susan Richard Nelson on 6/18/2021. (Attachments: #1 Sample Jury Questionnaire, #2 Sample Medical Questionnaire)(SMD)
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Filing 299
TRIAL NOTICE AND FINAL PRETRIAL ORDER. This case is the second of two listed for Bench Trial on 9/27/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. Status Conference set for 9/16/2021 at 9:00 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. See Order for additional deadlines and requirements. Signed by Judge Susan Richard Nelson on 6/17/2021. (SMD)
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Filing 298
ORDER/NOTICE: Confidential Letter to Court due by 8/6/2021. Settlement Conference set for 8/13/2021 at 09:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/15/2021.(TMA)
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Filing 296
REDACTED VERSION of #290 Order on Cross-Motions for Summary Judgment and Cross-Motions to Exclude Expert Testimony.(Written Opinion). (MJC)
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Filing 297
Minute Entry for proceedings held before Judge Susan Richard Nelson: Status Conference held on 6/8/2021. (Court Reporter Carla Bebault) (SMD)
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Filing 295
SEALED EXHIBIT A re #294 JOINT MOTION REGARDING CONTINUED SEALING re #256 Memorandum in Opposition to Motion, #191 Affidavit in Support of Motion, #183 Memorandum in Support of Motion, #270 Reply, #232 Exhibit, #228 Memorandum in Opposition to Motion, #268 Reply, filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 294
JOINT MOTION REGARDING CONTINUED SEALING re #256 Memorandum in Opposition to Motion, #191 Affidavit in Support of Motion, #183 Memorandum in Support of Motion, #270 Reply, #232 Exhibit, #228 Memorandum in Opposition to Motion, #268 Reply, #200 Exhibit, #241 Exhibit, #257 Memorandum in Opposition to Motion, #219 Exhibit, #176 Exhibit, #249 Exhibit, #231 Memorandum in Opposition to Motion, #208 Exhibit, #198 Exhibit, #260 Exhibit, #157 Memorandum in Support of Motion, #205 Exhibit,, #195 Exhibit, #146 Exhibit, #207 Exhibit,, #254 Exhibit, #214 Memorandum in Support of Motion, #168 Exhibit, #137 Exhibit, #245 Memorandum in Opposition to Motion, #226 Exhibit, #160 Exhibit, #145 Exhibit, #202 Exhibit, #211 Exhibit, filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 293
(Text-Only) NOTICE:A video conference to discuss the trial schedule has been set for 6/8/2021 at 10:00 AM before Judge Susan Richard Nelson. Counsel of record have been e-mailed an invitation to the video conference. Notice to Public: Please visit our website at #https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(SMD)
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Filing 292
LETTER TO DISTRICT JUDGE by W.B. Mason Co., Inc. re: Trial Schedule. (Johnson, Thomas)
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Filing 291
ORDER granting #283 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 137, 145, 145-1, 145-2, 145-3, 146, 146-1, 146-2, 146-3, 146-4, 157, 160, 168, 176, 176-1, 176-2, 176-3, 176-4, 183, 191, 191-1, 195, 198, 198-1, 200, 200-1, 200-2, 200-3, 200-4, 200-5, 200-6, 200-7, 202, 202-1, 202-2, 202-3, 202-4, 205, 205-1, 205-2, 205-3, 205-4, 205-5, 205-6, 205-7, 205-8, 205-9, 205-10, 205-11, 205-12, 205-13, 207, 207-1, 207-2, 207-3, 207-4, 207-5, 207-6, 207-7 through 207-17, 208, 208-1, 208-2, 208-3, 208-4, 208-5, 208-6, 208-7, 208-8, 208-9, 208-10, 211, 211-2, 211-2, 211-3, 211-4, 211-5, 211-6, 211-7, 211-8, 211-9, 211-10, 211-11, 214, 219, 219-1, 219-2, 219-3, 219-4, 226, 228, 231, 232, 232-1, 241, 241-1, 241-2, 241-3, 241-4, 241-5, 245, 249, 254, 254-1, 254-2, 254-3, 254-4, 254-5, 256, 257, 260, 260-1, 260-2, 260-3, 260-4, 260-5, 260-6, 268, and 270. Order on continued sealing becomes final on 6/30/2021 unless further timely submissions are filed. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/2/2021. (SK)
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Filing 290
ORDER denying #133 Plaintiff's Motion to Exclude Expert Testimony; denying #141 Plaintiff's Motion to Exclude Expert Testimony; denying #155 Defendant's Motion to Exclude Expert Testimony; denying #172 Defendant's Motion to Exclude Expert Testimony; denying #180 Plaintiff's Motion for Partial Summary Judgment; denying #182 Defendant's Motion for Summary Judgment. Signed by Judge Susan Richard Nelson on 6/1/2021. (MJC) Modified restriction and text on 11/2/2021 (JME).
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Filing 289
NOTICE by American Dairy Queen Corporation of Supplemental Authority (Eyler, Dean)
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Filing 288
NOTICE THAT NO REDACTION IS REQUIRED by W.B. Mason Co., Inc. re #285 Transcript,,,, of Motions Hearing dated March 29, 2021. Attn: Court Reporter Carla Bebault. (Kravitz, Jason)
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Filing 287
NOTICE THAT NO REDACTION IS REQUIRED by American Dairy Queen Corporation re #285 Transcript,,,, . Attn: Court Reporter Carla Bebault. (Eyler, Dean)
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Filing 286
TRANSCRIPT REQUEST for a COPY OF #285 Transcript(s) to Court Reporter Carla Bebault. (Eyler, Dean)
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Filing 285
TRANSCRIPT of Motions Hearing held on 3/29/2021 before Judge Susan Richard Nelson. (131 pages). Court Reporter: Carla Bebault. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 4/29/2021. Redaction Request due 5/13/2021. Redacted Transcript Deadline set for 5/24/2021. Release of Transcript Restriction set for 7/21/2021. (CRB)
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Filing 284
TRANSCRIPT REQUEST for an Expedited 3-Day Transcript of #282 Motion Hearing,,,,, Order on Motion for Miscellaneous Relief,,,,, Order on Motion to Strike Pleading,,,, to Court Reporter Carla Bebault. (Johnson, Thomas)
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Filing 283
JOINT MOTION REGARDING CONTINUED SEALING re #256 Memorandum in Opposition to Motion, #191 Affidavit in Support of Motion, #183 Memorandum in Support of Motion, #270 Reply, #259 Declaration in Opposition,, #247 Redacted Document, #271 Reply, #269 Reply, #224 Memorandum in Opposition to Motion, #232 Exhibit, #228 Memorandum in Opposition to Motion, #268 Reply, #250 Declaration in Opposition, #200 Exhibit, #241 Exhibit, #257 Memorandum in Opposition to Motion, #219 Exhibit, #176 Exhibit, #233 Redacted Document, #249 Exhibit, #231 Memorandum in Opposition to Motion, #258 Redacted Document, #208 Exhibit, #215 Memorandum in Support of Motion, #198 Exhibit, #158 Memorandum in Support of Motion, #260 Exhibit, #157 Memorandum in Support of Motion, #205 Exhibit,, #195 Exhibit, #229 Memorandum in Opposition to Motion, #146 Exhibit, #207 Exhibit,, #254 Exhibit, #214 Memorandum in Support of Motion, #168 Exhibit, #137 Exhibit, #245 Memorandum in Opposition to Motion, #226 Exhibit, #160 Exhibit, #145 Exhibit, #202 Exhibit, #211 Exhibit, #185 Redacted Document filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 282
Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion hearing held. The Court ruled from the bench as follows: The Defendant's Motion to Strike Affidavit at Doc. No. 192 [Doc. No. 243] was GRANTED. The Defendant's Motion to Strike Jury Demand [Doc. No. 164] was DENIED AS MOOT. The following motions were submitted, argued, and taken under advisement: Plaintiff's Motion for Partial Summary Judgment [Doc. No. 180]; Defendant's Motion for Summary Judgment [Doc. No. 182]; Defendant's Motion to Exclude Expert Testimony: Opinions of E. Deborah Jay regarding the recognition survey [Doc. No. 155]; Defendant's Motion to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. [Doc. No. 172]; Plaintiff's Motion to Exclude Expert Testimony: Surveys and Opinions from Defendant's Expert Sarah Butler [Doc. No. 133]; and Plaintiff's Motion to Exclude Expert Testimony: Opinions and Report of Dr. Wayne D. Hoyer [Doc. No. 141]. (Court Reporter Carla Bebault) (SMD)
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Filing 281
Declaration of Wayne D. Hoyer in Support of #182 MOTION for Summary Judgment filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 280
LETTER TO DISTRICT JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas)
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Filing 279
Reply to Response to Motion re #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 278
Declaration of David W. Stewart, Ph.D. in Support of #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 277
Declaration of Ashley M. Bennett Ewald in Support of #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1)(Eyler, Dean)
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Filing 276
Reply to Response to Motion re #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 275
Declaration of Molly R. Littman in Support of #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) A)(Eyler, Dean)
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Filing 274
Reply to Response to Motion re #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 273
Declaration of Jason C. Kravitz in Support of #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A: Jay Deposition Exhibit 374)(Johnson, Thomas)
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Filing 272
REPLY re #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 271
REPLY re #270 Reply (REDACTED) Reply in Further Support of its Motion to Exclude Opinions of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 270
SEALED REPLY re #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by W.B. Mason. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 269
REPLY re #268 Reply (REDACTED) in Further Support of its Motion for Summary Judgment on All Counts filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 268
SEALED REPLY re #182 MOTION for Summary Judgment filed by W.B.Mason. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 267
DECLARATION of Molly R. Littman in Opposition to #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6)(Eyler, Dean)
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Filing 266
MEMORANDUM in Opposition re #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion re Maria Hokanson filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 265
LETTER TO DISTRICT JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas)
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Filing 264
DECLARATION of Dean C. Eyler in Opposition to #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4)(Eyler, Dean)
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Filing 263
MEMORANDUM in Opposition re #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 262
DECLARATION of Kelly Kenny in Opposition to #182 MOTION for Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 261
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #260 Sealed Document(s) - [DOC 260] Sealed Exhibits 1, 2, 6, 7, 25, 30 and 31 to Declaration of Dean C. Eyler in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 260
SEALED EXHIBIT Sealed Exhibit 1 to Declaration of Dean C. Eyler in Support of Dairy Queen's Opposition to Defendant's Motion for Summary Judgment re #259 Declaration in Opposition,, filed by Plaintiff. (Attachments: #1 Exhibit(s) 2, #2 Exhibit(s) 6, #3 Exhibit(s) 7, #4 Exhibit(s) 25, #5 Exhibit(s) 30, #6 Exhibit(s) 31)(Eyler, Dean)
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Filing 259
DECLARATION of Dean C. Eyler in Opposition to #182 MOTION for Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 3, #2 Exhibit(s) 4, #3 Exhibit(s) 5, #4 Exhibit(s) 8, #5 Exhibit(s) 9, #6 Exhibit(s) 10, #7 Exhibit(s) 11, #8 Exhibit(s) 12, #9 Exhibit(s) 13, #10 Exhibit(s) 14, #11 Exhibit(s) 15, #12 Exhibit(s) 16, #13 Exhibit(s) 17, #14 Exhibit(s) 18, #15 Exhibit(s) 19, #16 Exhibit(s) 20, #17 Exhibit(s) 21, #18 Exhibit(s) 22, #19 Exhibit(s) 23, #20 Exhibit(s) 24, #21 Exhibit(s) 26, #22 Exhibit(s) 27, #23 Exhibit(s) 28, #24 Exhibit(s) 29, #25 Exhibit(s) 30 - Redacted)(Eyler, Dean)
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Filing 258
Redacted Document for #256 Sealed Opposition to Defendant's Motion for Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 257
SEALED MEMORANDUM in Opposition re #180 MOTION for Partial Summary Judgment filed by W.B. Mason. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 256
SEALED MEMORANDUM in Opposition re #182 MOTION for Summary Judgment filed by Plaintiff. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 255
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #254 Sealed Document(s) - #254 Sealed Exs. 1 and 5-7 filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 254
SEALED EXHIBIT Sealed Exhibit 1 to Declaration of Molly R. Littman in Support of Dairy Queen's Opposition to Motion to Exclude the Expert Testimony of Jeffrey A. Johnston CPA/ABV/CFF, JD re #250 Declaration in Opposition, filed by Plaintiff. (Attachments: #1 Exhibit(s) 2, #2 Exhibit(s) 3, #3 Exhibit(s) 5, #4 Exhibit(s) 6, #5 Exhibit(s) 7)(Eyler, Dean)
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Filing 253
PROPOSED ORDER TO JUDGE re #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 252
MEET and CONFER STATEMENT re #243 Motion to Strike Pleading filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 251
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #249 Sealed Document(s) - #249 Sealed DeFrancisco Declaration Exhibit D filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 250
DECLARATION of Molly R. Littman in Opposition to #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 2 - Redacted, #2 Exhibit(s) 3 - Redacted, #3 Exhibit(s) 4)(Eyler, Dean)
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Filing 249
SEALED EXHIBIT DeFrancisco Declaration Exhibit D re #248 Declaration in Support, filed by W.B. Mason.(Johnson, Thomas)
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Filing 248
Declaration of Juliet J. DeFrancisco in Support of #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C)(Johnson, Thomas)
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Filing 247
Redacted Document for #245 Sealed Opposition to Defendant's Motion to Exclude the Expert Testimony of Jeffrey A. Johnston CPA/ABV/CFF, JD filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 246
MEMORANDUM in Support re #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 245
SEALED MEMORANDUM in Opposition re #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by Plaintiff. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 244
NOTICE OF HEARING ON MOTION #243 MOTION to Strike Pleading #192 Affidavit in Support of Motion : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 243
MOTION to Strike Pleading #192 Affidavit in Support of Motion filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 242
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #238 Sealed Document(s) - #241 Sealed Burns Declaration Exhibit A (Part 1), [241-1] Sealed Burns Declaration Exhibit A (Part 2), [241-2] Sealed Burns Declaration Exhibit A (Part 3), [241-3]Sealed Burns Declaration Exhibit A (Part 4), [241-4] Sealed Burns Declaration Exhibit C, [241-5] Sealed Burns Declaration Exhibit E filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 241
SEALED EXHIBIT Burns Declaration Exhibit A (Part 1) re #238 Declaration in Opposition, filed by W.B.Mason. (Attachments: #1 Restricted Exhibits SEALED Burns Declaration Exhibit A (Part 2), #2 Restricted Exhibits SEALED Burns Declaration Exhibit A (Part 3), #3 Restricted Exhibits SEALED Burns Declaration Exhibit A (Part 4), #4 Restricted Exhibits SEALED Burns Declaration Exhibit C, #5 Restricted Exhibits SEALED Burns Declaration Exhibit E)(Johnson, Thomas)
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Filing 240
RESPONSE re #164 MOTION to Strike Jury Demand Plaintiff Does Not Oppose filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 239
DECLARATION of Leeja K. Miller in Opposition to #149 MOTION to Exclude Expert Testimony of David Stewart filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1)(Eyler, Dean)
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Filing 238
DECLARATION of Kathleen C. Burns in Opposition to #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) D, #3 Exhibit(s) F)(Johnson, Thomas)
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Filing 237
MEMORANDUM in Opposition re #149 MOTION to Exclude Expert Testimony of David Stewart filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 236
MEMORANDUM in Opposition re #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 235
DECLARATION of Ashley M. Bennett Ewald in Opposition to #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1)(Eyler, Dean)
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Filing 234
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #232 Sealed Document(s) - [232} Sealed Hartford Declaration Exhibit M, [232-1] Sealed Hartford Declaration Exhibit N filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 233
Redacted Document for #231 Sealed Opposition to Defendant's Motion to Exclude the Recognition Survey Conducted by E. Deborah Jay Ph.D. and Opinions Associated Therewith filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 232
SEALED EXHIBIT Hartford Declaration Exhibit M re #230 Declaration in Opposition, filed by W.B.Mason. (Attachments: #1 Restricted Exhibits Sealed Hartford Declaration Exhibit N)(Johnson, Thomas)
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Filing 231
SEALED MEMORANDUM in Opposition re #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by Plaintiff. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 230
DECLARATION of Leslie Hartford in Opposition to #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Exhibit(s) E, #6 Exhibit(s) F, #7 Exhibit(s) G, #8 Exhibit(s) H, #9 Exhibit(s) I, #10 Exhibit(s) J, #11 Exhibit(s) K, #12 Exhibit(s) L, #13 Exhibit(s) O)(Johnson, Thomas)
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Filing 229
REDACTED DOCUMENT for #228 SEALED MEMORANDUM in Opposition filed by W.B. Mason Co., Inc.(Johnson, Thomas) Modified text/link on 3/8/2021 (CLK).
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Filing 228
SEALED MEMORANDUM in Opposition re #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by W.B.Mason. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 227
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #226 Sealed Document(s) - #226 Sealed Kravitz Exhibit C filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 226
SEALED EXHIBIT Kravitz Declaration Exhibit C re #225 Declaration in Opposition filed by W.B. Mason.(Johnson, Thomas)
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Filing 225
DECLARATION of Jason C. Kravitz in Opposition to #180 MOTION for Partial Summary Judgment filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Johnson, Thomas)
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Filing 224
REDACTED DOCUMENT for #257 SEALED MEMORANDUM in Opposition filed by W.B. Mason Co., Inc.(Johnson, Thomas) Modified text/link on 3/8/2021 (CLK).
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Filing 223
DOCUMENT FILED IN ERROR. REFILED AT 25 . SEALED MEMORANDUM in Opposition re #180 MOTION for Partial Summary Judgment filed by W.B. Mason.(Johnson, Thomas) Modified text on 3/8/2021 (CLK).
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Filing 222
PROPOSED ORDER TO JUDGE re #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 221
MEET and CONFER STATEMENT re #212 Motion to Exclude Expert Testimony filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 220
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #219 Sealed Document(s) - #219 Sealed Exhibit A, [219-1] Sealed Exhibit B, [ 219-2] Sealed Exhibit C, [219-3] Sealed Exhibit D, [219-4] Sealed Exhibit E filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 219
SEALED EXHIBIT SEALED Exhibit A re #217 Declaration in Support filed by Defendant W.B> Mason Co., Inc.. (Attachments: #1 Restricted Exhibits SEALED Exhibit B, #2 Restricted Exhibits SEALED Exhibit C, #3 Restricted Exhibits SEALED Exhibit. D, #4 Restricted Exhibits SEALED Exhibit E)(Johnson, Thomas)
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Filing 218
PROPOSED ORDER TO JUDGE re #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 217
Declaration of Kathleen C. Burns in Support of #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 216
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #208 , #207 , #211 Sealed Document(s) - #207 Sealed Exhibits #208 Sealed Exhibits #210 Sealed Exhibits to Declaration of Dean Eyler in Support of Motion for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 215
MEMORANDUM in Support re #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD REDACTED filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 214
SEALED MEMORANDUM in Support re #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by Defendant W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 213
NOTICE OF HEARING ON MOTION #212 MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 212
MOTION to Exclude Expert Testimony Jeffrey A. Johnston,CPA/ABV/CFF. JD filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 211
SEALED EXHIBIT SEALED Exhibit 57 to Eyler Declaration re #190 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 58, #2 Exhibit(s) 60, #3 Exhibit(s) 63, #4 Exhibit(s) 67, #5 Exhibit(s) 68, #6 Exhibit(s) 72, #7 Exhibit(s) 73, #8 Exhibit(s) 75, #9 Exhibit(s) 86, #10 Exhibit(s) 87, #11 Exhibit(s) 88)(Eyler, Dean)
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Filing 210
PROPOSED ORDER TO JUDGE re #182 MOTION for Summary Judgment filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 209
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #205 , #200 , #202 Sealed Document(s) - #200 Sealed Exhibit 1,[200-1] Sealed Exhibit 3, [200-2] Sealed Exhibit 6, [200-3] Sealed Exhibit 7, [200-4] Sealed Exhibit 9 Part 1,[[200-5] Sealed Ex 9 Part 2,[200-6] Sealed Exhibit 9 Part 3, [200-7] Sealed Exhibit 9 Part 4, #202 Sealed Exhibit 11,[]202-1] Sealed Exhibit 12,[202-2] Sealed Exhibit 13, [202-3] Sealed Exhibit 14, [202-4] Sealed Exhibit 15, #205 Sealed Exhibit 16, [205-1] Sealed Exhibit 19,[205-2] Sealed Exhibit 20, [205-3]Sealed Exhibit 25,[205-4] Sealed Exhibit 29[, [205-5]Sealed Ex 30,[205-6] Sealed Exhibit 31,[205-7] Sealed Exhibit 32, [205-8] Sealed Exhibit 33, [205-9] Sealed Exhibit 35,[205-10] Sealed Exhibit 36, [ 205-11] Sealed Exhibit 37,[205-12] Sealed Exhibit 39 and [205-13] Sealed Exhibit 40 filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 208
SEALED EXHIBIT Exhibit 22 to Eyler Declaration re #190 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 24, #2 Exhibit(s) 27, #3 Exhibit(s) 29, #4 Exhibit(s) 30, #5 Exhibit(s) 31, #6 Exhibit(s) 32, #7 Exhibit(s) 33, #8 Exhibit(s) 48, #9 Exhibit(s) 51, #10 Exhibit(s) 56)(Eyler, Dean)
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Filing 207
SEALED EXHIBIT SEALED Exhibit 3 to Eyler Declaration re #190 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 4, #2 Exhibit(s) 5, #3 Exhibit(s) 6, #4 Exhibit(s) 7, #5 Exhibit(s) 8, #6 Exhibit(s) 9, #7 Exhibit(s) 10, #8 Exhibit(s) 11, #9 Exhibit(s) 12, #10 Exhibit(s) 13, #11 Exhibit(s) 14, #12 Exhibit(s) 15, #13 Exhibit(s) 16, #14 Exhibit(s) 17, #15 Exhibit(s) 18, #16 Exhibit(s) 19, #17 Exhibit(s) 20)(Eyler, Dean)
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Filing 206
EXHIBIT Exhibit 80 to Eyler Declaration re #190 Declaration in Support, filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 81, #2 Exhibit(s) 82, #3 Exhibit(s) 83, #4 Exhibit(s) 84, #5 Exhibit(s) 85, #6 Exhibit(s) 89, #7 Exhibit(s) 90, #8 Exhibit(s) 91, #9 Exhibit(s) 92)(Eyler, Dean)
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Filing 205
SEALED EXHIBIT SEALED Exhibit 16 re #194 Declaration in Support,, filed by Defendant W.B. Mason Co, Inc.. (Attachments: #1 Restricted Exhibits SEALED Exhibit 19, #2 Restricted Exhibits SEALED Exhibit 20, #3 Restricted Exhibits SEALED Exhibit 25, #4 Restricted Exhibits SEALED Exhibit 29, #5 Restricted Exhibits SEALED Exhibit 30, #6 Restricted Exhibits SEALED Exhibit 31, #7 Exhibit(s) SEALED Exhibit 32, #8 Restricted Exhibits SEALED Exhibit 33, #9 Restricted Exhibits SEALED Exhibit 35, #10 Restricted Exhibits SEALED Exhibit 36, #11 Restricted Exhibits SEALED Exhibit 37, #12 Restricted Exhibits SEALED Exhibit 39, #13 Restricted Exhibits SEALED Exhibit 40)(Johnson, Thomas)
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Filing 204
EXHIBIT Exhibit 64 to Eyler Declaration re #190 Declaration in Support, filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 65, #2 Exhibit(s) 66, #3 Exhibit(s) 69, #4 Exhibit(s) 70, #5 Exhibit(s) 71, #6 Exhibit(s) 74, #7 Exhibit(s) 76, #8 Exhibit(s) 77, #9 Exhibit(s) 78, #10 Exhibit(s) 79)(Eyler, Dean)
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Filing 203
EXHIBIT Exhibits 49- to Eyler Declaration re #190 Declaration in Support, filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 50, #2 Exhibit(s) 52, #3 Exhibit(s) 53, #4 Exhibit(s) 54, #5 Exhibit(s) 55, #6 Exhibit(s) 59, #7 Exhibit(s) 61, #8 Exhibit(s) 62)(Eyler, Dean)
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Filing 202
SEALED EXHIBIT Sealed Exhibit 11 re #194 Declaration in Support,, filed by Defendant W.B. Mason. (Attachments: #1 Restricted Exhibits SEALED Ex. 12, #2 Restricted Exhibits SEALED Ex. 13, #3 Restricted Exhibits SEALED Ex. 14, #4 Restricted Exhibits SEALED Ex. 15)(Johnson, Thomas)
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Filing 201
EXHIBIT Exhibits 36-47 to Eyler Declaration re #190 Declaration in Support, filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 37, #2 Exhibit(s) 38, #3 Exhibit(s) 39, #4 Exhibit(s) 40, #5 Exhibit(s) 41, #6 Exhibit(s) 42, #7 Exhibit(s) 43, #8 Exhibit(s) 44, #9 Exhibit(s) 45, #10 Exhibit(s) 46, #11 Exhibit(s) 47)(Eyler, Dean)
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Filing 200
SEALED EXHIBIT SEALED Exhibit 1 re #194 Declaration in Support,, filed by Defendant W. B. Mason. (Attachments: #1 Restricted Exhibits SEALED Exhibit 3, #2 Restricted Exhibits SEALED Exhibit 6, #3 Restricted Exhibits SEALED Exhibit 7, #4 Restricted Exhibits SEALED Exhibit 9 Part 1 of 4, #5 Exhibit(s) SEALED Exhibit 9 Part 2 of 4, #6 Restricted Exhibits SEALED Exhibit 9 Part 3 of 4, #7 Restricted Exhibits SEALED Exhibit 9 Part 4 of 4)(Johnson, Thomas)
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Filing 199
EXHIBIT Ex. 28 to Eyler Declaration re #190 Declaration in Support, filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 34, #2 Exhibit(s) 35 - Part 1, #3 Exhibit(s) 35 - Part 2, #4 Exhibit(s) 35 - Part 3)(Eyler, Dean)
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Filing 198
SEALED EXHIBIT Sealed Exhibit 1 and Sealed Exhibit 2 re #196 Affidavit in Support of Motion filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) Sealed Exhibit 2)(Eyler, Dean)
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Filing 197
EXHIBIT Exhibit 42 Part 1 of 4 ,Part 2 of 4, Part 3 of 4 and Part 4 of 4 re #194 Declaration in Support,, filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 42 Part 2 of 4, #2 Exhibit(s) 42 Part 3 of 4, #3 Exhibit(s) 42 Part 4 of 4)(Johnson, Thomas)
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Filing 196
AFFIDAVIT of E. Deborah Jay, Ph.D. in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 195
SEALED EXHIBIT Sealed Exhibit 1 to David Stewart Declaration re #193 Affidavit in Support of Motion filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 194
Declaration of Kathleen Burns in Support of #182 MOTION for Summary Judgment filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 2, #2 Exhibit(s) 4, #3 Exhibit(s) 5, #4 Exhibit(s) 8, #5 Exhibit(s) 10, #6 Exhibit(s) 17, #7 Exhibit(s) 18, #8 Exhibit(s) 21, #9 Exhibit(s) 22, #10 Exhibit(s) 23, #11 Exhibit(s) 24, #12 Exhibit(s) 26, #13 Exhibit(s) 27, #14 Exhibit(s) 28, #15 Exhibit(s) 34, #16 Exhibit(s) 38, #17 Exhibit(s) 41)(Johnson, Thomas)
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Filing 193
AFFIDAVIT of David W. Stewart, Ph.D. in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 192
AFFIDAVIT of Maria Hokanson in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 191
SEALED AFFIDAVIT of Erich Joachimsthaler, Ph.D in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) Sealed Exhibit 2)(Eyler, Dean)
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Filing 190
Declaration of Dean C. Eyler in Support of #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 21, #4 Exhibit(s) 23, #5 Exhibit(s) 25, #6 Exhibit(s) 26)(Eyler, Dean)
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Filing 189
MEMORANDUM in Support re #182 MOTION for Summary Judgment REDACTED filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 188
SEALED MEMORANDUM in Support re #182 MOTION for Summary Judgment filed by Defendant W.B. Mason. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 187
AFFIDAVIT of Erich Joachimsthaler, Ph.D in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 186
AFFIDAVIT of Kelly Kenny in SUPPORT OF #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 185
Redacted Document for #183 Sealed Memorandum filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 184
NOTICE OF HEARING ON MOTION #182 MOTION for Summary Judgment : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 183
SEALED MEMORANDUM in Support re #180 MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 182
MOTION for Summary Judgment filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 181
NOTICE OF HEARING ON MOTION #180 MOTION for Partial Summary Judgment : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Eyler, Dean)
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Filing 180
MOTION for Partial Summary Judgment filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 179
MEET and CONFER STATEMENT re #172 Motion to Exclude Expert Testimony filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 178
PROPOSED ORDER TO JUDGE re #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 177
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #176 Sealed Document(s) - #176 Sealed Exhibit A,[176-1] Sealed Exhibit E, [176-2] Sealed Exhibit F, [176-3] Sealed Exhibit G and [176-4] Sealed Exhibit K filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 176
SEALED EXHIBIT Sealed Exhibit A re #175 Declaration in Support, filed by Defendant W.B. Mason Co. Inc.. (Attachments: #1 Restricted Exhibits Sealed Exhibit E, #2 Restricted Exhibits Sealed Exhibit F, #3 Restricted Exhibits Sealed Exhibit G, #4 Restricted Exhibits Sealed Exhibit K)(Johnson, Thomas)
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Filing 175
Declaration of Kathleen C. Burns in Support of #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) C, #3 Exhibit(s) D, #4 Exhibit(s) H, #5 Exhibit(s) I, #6 Exhibit(s) J)(Johnson, Thomas)
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Filing 174
MEMORANDUM in Support re #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 173
NOTICE OF HEARING ON MOTION #172 MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 172
MOTION to Exclude Expert Testimony of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 171
PROPOSED ORDER TO JUDGE re #164 MOTION to Strike Jury Demand filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 170
MEET and CONFER STATEMENT re #164 Motion for Miscellaneous Relief filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 169
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #168 Sealed Document(s) - #168 Sealed Exhibit 4 filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 168
SEALED EXHIBIT Sealed Ex. 4 re #167 Declaration in Support, filed by Defendant W. B. Mason.(Johnson, Thomas)
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Filing 167
Declaration of Kathleen C. Burns in Support of #164 MOTION to Strike Jury Demand filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) 1: Excerpts from Deposition of Jeffrey Johnston, #2 Exhibit(s) 2: Plaintiff's Supplemental Answers to Defendant's First Set of Interrogatories, response #9, #3 Exhibit(s) 3: Plaintiff's Answers to Defendant's First Set of Interrogatories, response #9)(Johnson, Thomas)
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Filing 166
MEMORANDUM in Support re #164 MOTION to Strike Jury Demand filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 165
NOTICE OF HEARING ON MOTION #164 MOTION to Strike Jury Demand : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 164
MOTION to Strike Jury Demand filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 163
PROPOSED ORDER TO JUDGE re #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 162
MEET and CONFER STATEMENT re #155 Motion to Exclude Expert Testimony filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 161
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #160 Sealed Document(s) - #160 Sealed Exhibit A filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 160
SEALED EXHIBIT Sealed Exhibit A: Report of E. Deborah Jay dated August 2019 re #159 Declaration in Support, filed by Defendant W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 159
Declaration of Kathleen C. Burns in Support of #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) B: Supplemental Recognition Survey Report of E. Deborah Jay, #2 Exhibit(s) C: Excerpts from the Deposition of E. Deborah Jay)(Johnson, Thomas)
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Filing 158
MEMORANDUM in Support re #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey REDACTED filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 157
SEALED MEMORANDUM in Support re #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by Defendant W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 156
NOTICE OF HEARING ON MOTION #155 MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 155
MOTION to Exclude Expert Testimony regarding the Opinions of of E. Deborah Jay regarding the recognition survey filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 154
PROPOSED ORDER TO JUDGE re #149 MOTION to Exclude Expert Testimony of David Stewart filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 153
MEET and CONFER STATEMENT re #149 Motion to Exclude Expert Testimony filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 152
Declaration of Kathleen C. Burns in Support of #149 MOTION to Exclude Expert Testimony of David Stewart filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A: Expert Rebuttal Report of David W. Stewart, #2 Exhibit(s) B: Excerpts of Deposition of David W. Stewart)(Johnson, Thomas)
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Filing 151
MEMORANDUM in Support re #149 MOTION to Exclude Expert Testimony of David Stewart filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 150
NOTICE OF HEARING ON MOTION #149 MOTION to Exclude Expert Testimony of David Stewart : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Johnson, Thomas)
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Filing 149
MOTION to Exclude Expert Testimony of David Stewart filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 148
PROPOSED ORDER TO JUDGE re #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 147
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #146 , #145 Sealed Document(s) - #145 Sealed Exs. A and C, #146 Sealed Exs. C and D to Molly Littman Declaration filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 146
SEALED EXHIBIT SEALED Exhibit C - Part 4 re #144 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) C - Part 5, #2 Exhibit(s) C - Part 6, #3 Exhibit(s) C - Part 7, #4 Exhibit(s) D)(Eyler, Dean)
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Filing 145
SEALED EXHIBIT SEALED Exhibit A to Littman Declaration re #144 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) C - Part 1, #2 Exhibit(s) C - Part 2, #3 Exhibit(s) C - Part 3)(Eyler, Dean)
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Filing 144
Declaration of Molly R. Littman in Support of #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) E, #3 Exhibit(s) F)(Eyler, Dean)
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Filing 143
MEMORANDUM in Support re #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 142
NOTICE OF HEARING ON MOTION #141 MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Eyler, Dean)
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Filing 141
MOTION to Exclude Expert Testimony Opinions and Report of Dr. Wayne D. Hoyer filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 140
PROPOSED ORDER TO JUDGE re #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 139
MEET and CONFER STATEMENT re #133 Motion to Exclude Expert Testimony filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 138
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #137 Sealed Document(s) - 137 Sealed Exhibit A to Declaration of Ashley Bennett Ewald filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 137
SEALED EXHIBIT Sealed Exhibit A re #136 Declaration in Support, filed by Plaintiff American Dairy Queen Corporation.(Eyler, Dean)
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Filing 136
Declaration of Ashley Bennett Ewald in Support of #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) C)(Eyler, Dean)
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Filing 135
MEMORANDUM in Support re #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 134
NOTICE OF HEARING ON MOTION #133 MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler : Motion Hearing set for 3/29/2021 at 02:00 PM in Video Conference (no courtroom) before Judge Susan Richard Nelson. (Eyler, Dean)
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Filing 133
MOTION to Exclude Expert Testimony Surveys and Opinions from Defendant's Expert Sarah Butler filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 132
ORDER denying #92 Motion to Strike Pleading ; denying #100 Motion to Strike Pleading (Written Opinion) Signed by Magistrate Judge Elizabeth Cowan Wright on 2/9/2021. (EMCS)
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Filing 131
ORDER in Response to #129 Letter to Request Permission to Exceed Word/Line Limits. Signed by Judge Susan Richard Nelson on 2/4/2021. (SMD)
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Filing 130
ORDER granting #118 Joint Motion Regarding Continued Sealing; and granting #119 Joint Motion Regarding Continued Sealing. Order on continued sealing becomes final on 3/5/2021 unless further timely submissions are filed. Signed by Magistrate Judge Elizabeth Cowan Wright on 2/5/2021. (SK)
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Filing 129
LETTER to Request Permission to Exceed Word/Line Limits (CORRECTED) by W.B. Mason Co., Inc. (Johnson, Thomas) Modified text on 2/3/2021 (kt).
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Filing 128
DOCUMENT FILED IN ERROR. LETTER TO DISTRICT JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas) Modified text on 2/3/2021 (CLK).
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Filing 127
TRANSCRIPT of Motions Hearing held on 1/13/2021 before Magistrate Judge Elizabeth Cowan Wright. (41 pages). Court Reporter: Lynne Krenz. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 2/2/2021. Redaction Request due 2/16/2021. Redacted Transcript Deadline set for 2/26/2021. Release of Transcript Restriction set for 4/26/2021. (LMK)
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Filing 126
LETTER TO MAGISTRATE JUDGE by American Dairy Queen Corporation . (Eyler, Dean)
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Filing 125
TRANSCRIPT REQUEST for a COPY OF TRANSCRIPT #122 Motion Hearing, to Court Reporter Lynne Krenz. (Eyler, Dean)
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Filing 124
LETTER TO MAGISTRATE JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas)
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Filing 123
TRANSCRIPT REQUEST for an Expedited 14-Day Transcript of #122 Motion Hearing, to Court Reporter Lynne Krenz. (Johnson, Thomas)
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Filing 122
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Motion Hearing held on 1/13/2021 re #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc., #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by W.B. Mason Co., Inc.. (Court Reporter Lynne Krenz) (EMCS)
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Filing 121
TEXT ONLY ENTRY: ORDER granting #120 Motion for Admission Pro Hac Vice of Attorney Juliet DeFrancisco for W.B. Mason Co., Inc. Approved by Magistrate Judge Elizabeth Cowan Wright on 1/11/2021. (NAH)
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Filing 120
MOTION for Admission Pro Hac Vice for Attorney Juliet J. DeFrancisco. Filing fee $ 100, receipt number AMNDC-8373697 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 119
JOINT MOTION REGARDING CONTINUED SEALING re #111 Exhibit, #104 Exhibit, filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 118
JOINT MOTION REGARDING CONTINUED SEALING re #115 Exhibit, #96 Exhibit filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 117
MEMORANDUM in Opposition re #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 116
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #115 Sealed Document(s) - #115 Sealed Exhibit A filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 115
SEALED EXHIBIT Sealed Exhibit A re #114 Declaration in Opposition, filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 114
DECLARATION of Molly R. Littman in Opposition to #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) B, #2 Exhibit(s) C)(Eyler, Dean)
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Filing 113
DOCUMENT FILED IN ERROR: REFILED. MEMORANDUM in Opposition re #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean) Modified text on 12/11/2020 (kt).
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Filing 112
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #111 Sealed Document(s) - #111 Sealed Exhibit A, [111-1] Sealed Exhibit B filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 111
SEALED EXHIBIT Sealed Exhibit A re #110 Declaration in Opposition, filed by American Dairy Queen Corporation. (Attachments: #1 Restricted Exhibits Sealed Exhibit B)(Eyler, Dean)
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Filing 110
DECLARATION of Molly R. Littman in Opposition to #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by American Dairy Queen Corporation. (Attachments: #1 Exhibit(s) C, #2 Exhibit(s) D)(Eyler, Dean)
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Filing 109
MEMORANDUM in Opposition re #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 108
NOTICE of Withdrawal as Attorney for Troy K. Lieberman (Johnson, Thomas)
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Filing 107
PROPOSED ORDER TO JUDGE re #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 106
MEET and CONFER STATEMENT re #100 Motion to Strike Pleading filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 105
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #104 Sealed Document(s) - #104 Sealed Ex. A, [104-1] Sealed Ex. B, [104-2] Sealed Ex. F, [104-3] Sealed Ex. G filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 104
SEALED EXHIBIT SEALED Ex. A: Supplemental Expert Report of Erich Joachimsthaler, Ph.D. re #103 Declaration in Support, filed by W.B. Mason. (Attachments: #1 Restricted Exhibits SEALED Ex B: Initial Report of Erich Joachimsthaler, #2 Restricted Exhibits SEALED Ex. F: Dep Ex 398, #3 Restricted Exhibits SEALED Ex. G: Kenny Excerpts)(Johnson, Thomas)
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Filing 103
Declaration of Kathleen Ceglarski Burns in Support of #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) C: Email, #2 Exhibit(s) D: New Citations, #3 Exhibit(s) E: Joachimsthaler excerpts)(Johnson, Thomas)
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Filing 102
MEMORANDUM in Support re #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 101
NOTICE OF HEARING ON MOTION #100 MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. : Motion Hearing set for 1/13/2021 at 11:00 AM in Video Conference (no courtroom) before Magistrate Judge Elizabeth Cowan Wright. (Johnson, Thomas)
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Filing 100
MOTION to Strike Pleading / Portions of ADQ's Supplemental Expert Report of Erich Joachimsthaler, PH.D. filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 99
PROPOSED ORDER TO JUDGE re #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 98
MEET and CONFER STATEMENT re #92 Motion to Strike Pleading filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 97
STATEMENT INSTEAD OF REDACTED DOCUMENT: Entire Document Confidential for #96 Sealed Document(s) - #96 Sealed Exhibit B,[96-1] Sealed Exhibit C filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 96
SEALED EXHIBIT SEALED Exhibit B: Expert Report of Erich Joachimsthaler re #95 Declaration in Support, filed by W.B. Mason. (Attachments: #1 Restricted Exhibits SEALED EXHIBIT C: Expert Report of Joel Steckel)(Johnson, Thomas)
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Filing 95
Declaration of Kathleen Ceglarski Burns in Support of #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A: Expert Rebuttal Report of David W. Stewart, Ph.D., #2 Exhibit(s) D: Email)(Johnson, Thomas)
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Filing 94
MEMORANDUM in Support re #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 93
NOTICE OF HEARING ON MOTION #92 MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] : Motion Hearing set for 1/13/2021 at 11:00 AM in Video Conference (no courtroom) before Magistrate Judge Elizabeth Cowan Wright. (Johnson, Thomas)
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Filing 92
MOTION to Strike Pleading / Portions of ADQ's Expert Report of David W. Steward, PH.D.] filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 91
ORDER on #89 Stipulation. Motions (non-disp) due 12/4/2020. Motions (disp) due by 11/13/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 9/4/2020.(TMA)
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Filing 90
PROPOSED ORDER TO JUDGE re #89 Stipulation. (Eyler, Dean)
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Filing 89
STIPULATION re #87 Order on Stipulation to Modify the Scheduling Order by American Dairy Queen Corporation. Jointly Signed by W.B. Mason Co., Inc.. (Eyler, Dean)
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Filing 88
NOTICE of Withdrawal as Attorney re Marx P. Calderon (Kravitz, Jason)
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Filing 87
ORDER on #85 Stipulation. Motions (non-disp) due 7/24/2020. Motions (disp) due by 10/9/2020. Ready for trial due by 2/9/2021. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/19/2020.(TMA)
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Filing 86
PROPOSED ORDER TO JUDGE re #85 Stipulation. (Johnson, Thomas)
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Filing 85
STIPULATION TO MODIFY THE SCHEDULING ORDER by W.B. Mason Co., Inc.. Jointly Signed by American Dairy Queen. (Johnson, Thomas)
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Filing 84
TEXT ONLY ENTRY: ORDER granting #82 Motion for Admission Pro Hac Vice of Attorney Deborah Thaxter for W.B. Mason Co., Inc. Ordered by Magistrate Judge Elizabeth Cowan Wright on 3/18/2020. (NAH)
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Filing 83
ORDER on #79 Stipulation. Signed by Magistrate Judge Elizabeth Cowan Wright on 3/10/2020. (TMA)
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Filing 82
MOTION for Admission Pro Hac Vice for Attorney Deborah Thaxter. Filing fee $ 100, receipt number AMNDC-7547553 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 81
TEXT ONLY ENTRY: SECOND Notice re: Non-Admitted AttorneyWe have received documents listing Deborah Thaxter as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (MMP)
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Filing 80
PROPOSED ORDER TO JUDGE re #79 Stipulation. (Kravitz, Jason)
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Filing 79
STIPULATION re #68 Order on Stipulation, to Modify the Scheduling Order by W.B. Mason Co., Inc.. Jointly Signed by American Dairy Queen Corporation. (Kravitz, Jason)
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Filing 78
TEXT ONLY ENTRY: ORDER granting #76 Motion for Admission Pro Hac Vice of Attorney Leslie Hartford for W.B. Mason Co., Inc. Ordered by Magistrate Judge Elizabeth Cowan Wright on 2/24/2020. (NAH)
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Filing 77
NOTICE of Appearance by Ashley M. Bennett Ewald on behalf of American Dairy Queen Corporation. (Bennett Ewald, Ashley)
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Filing 76
MOTION for Admission Pro Hac Vice for Attorney Leslie E. Hartford. Filing fee $ 100, receipt number AMNDC-7500278 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 75
TEXT ONLY ENTRY: ORDER granting #74 Motion for Admission Pro Hac Vice of Attorney Marx Calderon for W.B. Mason Co., Inc. Ordered by Magistrate Judge Elizabeth Cowan Wright on 2/5/2020. (NAH)
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Filing 74
MOTION for Admission Pro Hac Vice for Attorney Marx P. Calderon. Filing fee $ 100, receipt number AMNDC-7455049 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 73
TEXT ONLY ENTRY: ORDER granting #72 Motion for Admission Pro Hac Vice of Attorney Kathleen Ceglarski Burns for W.B. Mason Co., Inc. Ordered by Magistrate Judge Elizabeth Cowan Wright on 1/28/2020. (NAH)
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Filing 72
MOTION for Admission Pro Hac Vice for Attorney Kathleen Ceglarski Burns. Filing fee $ 100, receipt number AMNDC-7432315 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 71
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Telephone Conference held on 1/6/2020. The Court held an IDR hearing on Defendants request to take 8 third-party depositions in addition to the 10 depositions permitted by the Pretrial Scheduling Order. (Dkts. 69, 70.) The request is GRANTED IN PART. Defendant may take 25 hours of third-party depositions in addition to the 10 depositions permitted by the Pretrial Scheduling Order. SO ORDERED. (TMA)
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Filing 70
LETTER TO MAGISTRATE JUDGE by W.B. Mason Co., Inc. . (Johnson, Thomas)
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Filing 69
LETTER TO MAGISTRATE JUDGE by American Dairy Queen Corporation . (Eyler, Dean)
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Filing 68
ORDER on #65 Stipulation. Amended Pleadings due by 2/6/2020. Fact Discovery due by 3/6/2020. Motions (non-disp) due 3/20/2020. Motions (disp) due by 6/18/2020. Ready for trial due by 10/18/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 12/27/2019. (TMA)
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Filing 67
(Text-Only) NOTICE:IDR Telephone Conference set for 1/6/2020 at 02:00 PM before Magistrate Judge Elizabeth Cowan Wright. Each party shall submit their letter brief on or before January 2, 2020.(TMA)
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Filing 66
PROPOSED ORDER TO JUDGE re #65 Stipulation. (Eyler, Dean)
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Filing 65
STIPULATION re #55 Scheduling Order, to Modify the Scheduling Order by American Dairy Queen Corporation. Jointly Signed by American Dairy Queen Corporation and W.B. Mason Co., Inc.. (Eyler, Dean)
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Filing 64
TEXT ONLY ENTRY: ORDER granting #63 Motion for Admission Pro Hac Vice of Attorney Troy K. Lieberman for W.B. Mason Co., Inc. Ordered by Magistrate Judge Elizabeth Cowan Wright on 10/10/2019. (NAH)
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Filing 63
MOTION for Admission Pro Hac Vice for Attorney Troy K. Lieberman. Filing fee $ 100, receipt number AMNDC-7196015 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 62
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Settlement Conference held on 10/4/2019. No settlement reached. (TMA)
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Filing 61
ORDER/NOTICE TO ATTORNEY. The Court has reviewed the parties August 9, 2019 submissions regarding the status of discovery and settlement discussions. Based on the submissions, the Court has set an early settlement conference for October 4, 2019. (See Dkt. 60.) The Court understands that the parties have identified certain discovery to take place before that settlement conference. To the extent any disputes arise regarding that discovery, the parties are directed to raise those disputes via the Courts informal dispute resolution process in sufficient time to permit their resolution before the October 4, 2019 settlement conference. SO ORDERED. Signed by Magistrate Judge Elizabeth Cowan Wright on 8/13/2019. (TMA)
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Filing 60
ORDER/NOTICE: Confidential Letter to Court due by 9/27/2019. Settlement Conference set for 10/4/2019 at 09:00 AM in Courtroom 3C (STP) before Magistrate Judge Elizabeth Cowan Wright. Signed by Magistrate Judge Elizabeth Cowan Wright on 8/13/2019. (TMA)
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Filing 59
ORDER/NOTICE TO ATTORNEY. Signed by Magistrate Judge Elizabeth Cowan Wright on 8/1/2019. See Order for further instructions.(TMA)
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Filing 58
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Telephone Conference held on 8/1/2019. The parties provided an updated as to discovery and settlement discussions. (TMA)
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Filing 57
PROTECTIVE ORDER. Signed by Magistrate Judge Elizabeth Cowan Wright on 7/1/2019. (TMA)
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Filing 56
STIPULATION Joint Stipulation for Protective Order by American Dairy Queen Corporation. Jointly Signed by W.B. Mason Co., Inc.. (Attachments: #1 Exhibit(s) A - Witness Assurance)(Eyler, Dean)
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Filing 55
SCHEDULING ORDER: Telephone Conference set for 8/1/2019 at 10:00 AM before Magistrate Judge Elizabeth Cowan Wright. Amended Pleadings due by 7/16/2020. Fact Discovery due by 12/20/2019. Expert Discovery due by 5/1/2020. Motions (non-disp) due 1/6/2020. Motions (disp) due by 5/1/2020. Ready for trial due by 9/1/2020. Signed by Magistrate Judge Elizabeth Cowan Wright on 6/18/2019. (TMA)
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Filing 54
Minute Entry for proceedings held before Magistrate Judge Elizabeth Cowan Wright: Initial Pretrial Conference held on 6/18/2019. (TMA)
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Filing 53
REPORT of Rule 26(f) Planning Meeting. Filed by American Dairy Queen Corporation. Jointly Signed by W.B. Mason Co., Inc.. (Attachments: #1 ESI Technical Production Specifications)(Eyler, Dean)
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Filing 52
ORDER/NOTICE: Rule 26 Meeting Report due by 6/11/2019. Pretrial Conference set for 6/18/2019 at 09:00 AM in Judge's Chambers, Suite 342 (STP) before Magistrate Judge Elizabeth Cowan Wright.. Signed by Magistrate Judge Elizabeth Cowan Wright on 4/30/2019. (TMA) (Additional attachment(s) added on 4/30/2019: #1 Consent Form) (MMP).
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Filing 51
RULE 7.1 DISCLOSURE STATEMENT with Attached Certificate of Service. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant W.B. Mason Co., Inc. (Johnson, Thomas) Modified text on 4/30/2019 (MMP).
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Filing 50
ANSWER to Complaint with attached Certificate of Service filed by W.B. Mason Co., Inc. (Johnson, Thomas) Modified text on 4/30/2019 (MMP).
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Filing 49
MEMORANDUM OPINION AND ORDER denying #30 Motion to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings. Per Magistrate Judge Wright's prior ruling, W.B. Mason's must answer Dairy Queen's complaint in seven days. (See Jan. 30, 2019 Mag. J. Ruling [Doc. No. 46].)(Written Opinion) Signed by Judge Susan Richard Nelson on 4/22/2019. (SMD)
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Filing 48
Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 4/8/2019 re #30 MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings filed by W.B. Mason Co., Inc. The motion was submitted, argued, and taken under advisement. (Court Reporter Lori Simpson) (SMD)
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Filing 47
(Text-only) AMENDED NOTICE of Hearing on Motion: #30 MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings : Motion Hearing set for 4/8/2019 at 9:30 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (SMD)
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Filing 46
ORDER granting #38 Motion for Extension of Time to Answer re #38 MOTION for Extension of Time to File Answer Signed by Magistrate Judge Elizabeth Cowan Wright on 1/30/2019. (TMA)
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Filing 45
MEMORANDUM in Opposition re #30 MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 44
MEMORANDUM in Opposition re #38 MOTION for Extension of Time to File Answer filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 43
(Text-Only) NOTICE to Attorney. Magistrate Judge Wright will issue an order regarding Defendant's motion for extension of time to respond to Complaint (Dkt No. 38) based upon the parties' written submissions. There will not be a hearing. (TMA)
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Filing 42
PROPOSED ORDER TO JUDGE re #38 MOTION for Extension of Time to File Answer filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 41
MEET and CONFER STATEMENT re #38 Motion for Extension of Time to File Answer filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 40
MEMORANDUM in Support re #38 MOTION for Extension of Time to File Answer filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 39
NOTICE OF HEARING ON MOTION #38 MOTION for Extension of Time to File Answer : Date and time to be determined. (Johnson, Thomas)
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Filing 38
MOTION for Extension of Time to File Answer filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 37
ORDER granting #35 Motion for Extension of Time to Answer W.B. Mason Co., Inc. answer due 2/5/2019. Signed by Magistrate Judge Elizabeth Cowan Wright on 1/18/2019. (KJF)
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Filing 36
PROPOSED ORDER TO JUDGE re #35 MOTION for Extension of Time to File Answer (Unopposed) filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 35
MOTION for Extension of Time to File Answer (Unopposed) filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 34
PROPOSED ORDER TO JUDGE re #30 Motion to Certify Interlocutory Appeal. (Johnson, Thomas)
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Filing 33
MEET and CONFER STATEMENT re #30 Motion to Certify Interlocutory Appeal filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 32
MEMORANDUM in Support re #30 MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 31
NOTICE OF HEARING ON MOTION #30 MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings : Date and time to be determined. (Johnson, Thomas)
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Filing 30
MOTION to Certify Interlocutory Appeal and to Stay the Case Pending Appellate Proceedings filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 29
ORDER denying #10 Motion to Dismiss for Lack of Jurisdiction (Written Opinion) Signed by Judge Susan Richard Nelson on 1/8/2019. (KML)
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Filing 28
TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge Elizabeth Cowan Wright, this case is reassigned to her. Magistrate Judge David T. Schultz is no longer assigned to the case. NOTE: the new case number is 18cv693 SRN/ECW. Please use this case number for all subsequent pleadings. Please contact Theresa Anderson, at 651-848-1890, for scheduling or other matters related to Magistrate Judge Elizabeth Cowan Wright. (JME)
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Filing 27
Minute Entry for proceedings held before Judge Susan Richard Nelson: Motion Hearing held on 6/21/2018 re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc. The motion was submitted, argued, and taken under advisement. (Court Reporter Carla Bebault) (SMD)
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Filing 26
(Text-only) NOTICE of Cancellation & Resetting of Hearing: The hearing on #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts will now be heard at 2:30 p.m. on 6/21/2018 in Courtroom 7B (STP) before Judge Susan Richard Nelson. (SMD).(SMD)
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Filing 25
TEXT ONLY ENTRY: ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney Jason C. Kravitz for W.B. Mason Co., Inc.. Approved by Magistrate Judge David T. Schultz on 5/11/2018. (JGK)
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Filing 24
MOTION for Admission Pro Hac Vice for Attorney Jason C. Kravitz. Filing fee $ 100, receipt number AMNDC-6104251 filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 23
REPLY re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate Wound)(Johnson, Thomas)
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Filing 22
DECLARATION of Cynthia Klaus in Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by American Dairy Queen Corporation.(Eyler, Dean)
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Filing 21
DECLARATION of Sheldon H. Klein with attached Exhibits A-C in Opposition to #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by American Dairy Queen Corporation.(Eyler, Dean) Modified on 4/24/2018 (AKL).
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Filing 20
MEMORANDUM in Opposition re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by American Dairy Queen Corporation. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Eyler, Dean)
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Filing 19
TEXT-ONLY ENTRY: NOTICE OF HEARING ON MOTION #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts : Hearing set for 6/21/2018 at 9:30 AM in Courtroom 7B (STP) before Judge Susan Richard Nelson. (SMD)
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Filing 18
TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Deborah Thaxter; Jason C. Kravitz; Troy K. Lieberman as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (AKL)
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Filing 17
CERTIFICATE OF SERVICE by W.B. Mason Co., Inc. re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts, #12 Memorandum in Support of Motion, #16 Proposed Order to Judge, #14 Declaration in Support, #13 Declaration in Support, #15 Meet and Confer Statement, #11 Notice of Hearing on Motion (Johnson, Thomas)
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Filing 16
PROPOSED ORDER TO JUDGE re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 15
MEET and CONFER STATEMENT re #10 Motion to Dismiss/Lack of Jurisdiction filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 14
Declaration of Jason C.Kravitz in Support of #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 13
Declaration of Richard Magee in Support of #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc..(Johnson, Thomas)
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Filing 12
MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Johnson, Thomas)
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Filing 11
NOTICE OF HEARING ON MOTION #10 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts : at date and time to be determined. (Johnson, Thomas)
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Filing 10
MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or Alternatively to Transfer to District of Massachusetts filed by W.B. Mason Co., Inc.. (Johnson, Thomas)
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Filing 9
TEXT ONLY ENTRY: ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Sheldon H. Klein for American Dairy Queen Corporation. Approved by Magistrate Judge David T. Schultz on 3/20/2018. (MAM)
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Filing 8
MOTION for Admission Pro Hac Vice for Attorney Sheldon H. Klein. Filing fee $ 100, receipt number AMNDC-6006189 filed by American Dairy Queen Corporation. (Eyler, Dean)
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Filing 7
SUMMONS Returned Executed by American Dairy Queen Corporation. W.B. Mason Co., Inc. served on 3/13/2018, answer due 4/3/2018. (Eyler, Dean)
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Filing 6
ORDER OF RECUSAL. Magistrate Judge Hildy Bowbeer recused. Case reassigned to Magistrate Judge David T. Schultz for all further proceedings. NOTE: the new case number is 18cv693 SRN/DTS. Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Hildy Bowbeer on 3/13/2018. (AKL)
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Filing 5
Summons Issued as to W.B. Mason Co., Inc.. (AKL)
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Filing 4
TEXT ONLY ENTRY: Notice re: Non-Admitted AttorneyWe have received documents listing Sheldon H. Klein as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms#. (AKL)
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Filing 3
TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Susan Richard Nelson per 3rd, 4th - Copyright, Trademark list, referred to Magistrate Judge Hildy Bowbeer. Please use case number 18cv693 SRN/HB. (AKL)
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Filing 2
RULE 7.1 DISCLOSURE STATEMENT that American Dairy Queen Corporation is a wholly-owned subsidiary of International Dairy Queen, Inc. (Eyler, Dean) Modified text on 3/15/2018 (kt).
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Filing 1
COMPLAINT for Trademark Infringement, Unfair Competition, Trademark Dilution, and Deceptive Trade Practices against W.B. Mason Co., Inc. (filing fee $ 400, receipt number AMNDC-6004146) filed by American Dairy Queen Corporation. Filer requests summons issued. (Attachments: #1 Exhibit(s) A, #2 Civil Cover Sheet) (Eyler, Dean)
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