Innovation Ventures, LLC et al v. Ultimate One Distributing Corp. et al
| Innovation Ventures, LLC, Living Essential, LLC and International IP Holdings LLC |
| Gulam Najimi, Wally Najimi, Farid Tursonzadah, Walid Jamil, Joseph Sevany, Steerforth Trading, Inc, Ultimate One Distributing Corp., Ghulamali Ali Najimi, Ahmed Wally Najimi, Excel Wholesale Distributors, Inc., Farid Turson, Core-Mark International, Inc., Richmond Wholesale Company, Inc., Saquib Khan, CVS Caremark Corp., 7 Eleven, Inc., 7-Eleven Store #11152, 7-Eleven Store #25449C-2422, 7-Eleven Store #11168F-2422, 7-Eleven Store #11181, 7-Eleven Store #32760, 7-Eleven Store #23407, Prestige Mobil, Kaival Deli & Catering, Heights Deli and Company, Valero Retail Holdings, Inc., New Island Deli, Nevins Gourmet, Delta Distribution Services Corp., Sulaiman S. Aamir, John Does 1-10 Unknown Defendants, Brothers Trading Co., Inc., Quality King Distributions, INC, Baseline Distribution, INC, David Flood, Midwest Wholesale Distributers, Justin Shayota, Moa Trading, Inc, David K Lee, Capital Sales Company, Ltd, Wally Jamil, Price Master Corp., Abdul Satar Najimi, Food Distributers International, Inc, Scott Tilbrook, Elegant Trading, Inc, Ahmed Bhimani, Empire Trade Wholesaler Corp., Top Choice Trading USA, Inc, Universal Wholesale, Inc., Joe Zaitouna, Baja Exporting, LLC, Joseph Shayota, Purity Wholesale Grocers, Inc., Tradeway International, Inc., Shah Distributors, Inc, Arvind Shah, Steer Forth Trading, Inc., Raid Jamil, Adriana Shayota, JT Wholesale, Inc, MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Mario Ramirez, Camilo Ramirez, Trimexico Inc., Isaac Anzaroot, One Stop Label Corporation, Leslie Roman, Flexopack, Donna Roman, Naftaunited.com, Juan Romero Gutierrez, Advanced Nutraceutical Manufacturing, LLC, Nutrition Private Label, Inc., Akshar Services, LLC, Mike Wholesale, Kevin Attiq, Dan Dee Company, and Fadi Attiq |
| Robert McCormack and Dan-Dee Company, Inc. |
| 1:2012cv05354 |
| October 25, 2012 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Kiyo A Matsumoto |
| Steven Tiscione |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Defendant |
Docket Report
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ORDER granting #958 Unopposed Motion for Writ. On June 29, 2017, plaintiffs requested that the court order release of the funds held in escrow by the Clerk of Court in partial satisfaction of the judgment entered on April 21, 2017 #955 in the amount of $10,075,000.00 jointly and severally against defendants Walid Jamil, Raid Jamil, Justin Shayota, and Midwest Wholesale Distributors, by letter copying all counsel of record #957 , and the court ordered that Walid Jamil and Raid Jamil respond to plaintiffs' request by July 7, 2017. Both Walid Jamil and Raid Jamil failed to comply with the court's order, and the court subsequently ordered plaintiffs to file a letter motion pursuant to Federal Rule 69, and defendants Walid Jamil and Raid Jamil to respond by August 8, 2017, noting that failure to respond would result in plaintiffs' motion being deemed unopposed. Plaintiffs filed their motion on July 26, 2017, as well as an affidavit confirming service by First Class Mail on defendants' counsel of record #958 , #959 . To date, Walid Jamil and Raid Jamil have failed to respond to plaintiffs' motion, and the court finds that plaintiffs' unopposed motion sets forth a sufficient basis for releasing the funds held in escrow by the Clerk of Court pursuant to this court's prior orders. Accordingly, the court grants plaintiffs' requested relief and orders that the funds be released to plaintiffs in partial satisfaction of plaintiffs' judgment against Walid Jamil and Raid Jamil. The Clerk of Court shall release the funds to plaintiffs' counsel after deducting any administrative costs. Ordered by Judge Kiyo A. Matsumoto on 8/14/2017. (Newman, Alanna)
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Filing 959
AFFIDAVIT of Service for Letter Motion to Judge Matsumoto re writ served on Attorneys for Defendants Raid Jamil and Walid Jamil on July 26, 2017, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Kurland, Thomas)
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Filing 958
Letter MOTION for Writ - to Judge Matsumoto requesting a writ transferring funds held in the Clerks escrow account to Living Essentials in partial satisfaction of the Courts judgment against Walid and Raid Jamil by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Kurland, Thomas)
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ORDER: Defendants Walid and Raid Jamil have failed to comply with the court's 6/29/17 Order that they respond to plaintiffs' letter #957 regarding their contemplated motion pursuant to Fed. R. Civ. P. 69, by July 7, 2017. Plaintiff's are respectfully directed to file a letter motion, not to exceed five pages, setting forth the factual basis and legal authority for their request, by July 25, 2017. Walid and Raid Jamil shall file a response, not to exceed five pages, to plaintiff's motion by no later than August 8, 2017. Walid and Raid Jamil are advised that failure to respond to plaintiffs' motion by the deadline set forth in this order will result in plaintiffs' motion being deemed unopposed. Ordered by Judge Kiyo A. Matsumoto on 7/11/2017. (Newman, Alanna)
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Filing 957
Letter addressed to Judge Matsumoto re: Living Essentials contemplated motion pursuant to Fed. R. Civ. P. 69 to have the funds currently held in the Clerks Registry transferred to Living Essentials in partial satisfaction of the Courts judgment against Walid and Raid Jamil by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Kurland, Thomas)
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ORDER re #957 letter regarding Living Essentials' contemplated motion pursuant to Fed. R. Civ. P. 69: Defendants Walid Jamil and Raid Jamil shall file a response to plaintiffs' letter by no later than July 7, 2017. Ordered by Judge Kiyo A. Matsumoto on 6/29/2017. (Newman, Alanna)
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Filing 956
Notice of Report on the filing of an action regarding a Patent or Trademark. (Attachments: #1 Order closing case) (Rocco, Christine)
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Civil Case Terminated. Ordered by Judge Kiyo A. Matsumoto on 4/24/2017. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Williams-Jackson, Sandra)
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Filing 955
ORDER granting (950) Motion for Entry of Judgment under Rule 54(b) in case 1:12-cv-05354-KAM-ST. So Ordered by Judge Kiyo A. Matsumoto on 4/21/2017. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Tavarez, Jennifer)
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Filing 954
ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 41 (A)(2) Ordered by Judge Kiyo A. Matsumoto on 4/21/2017. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Williams-Jackson, Sandra)
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Filing 953
PERMANENT INJUNCTION Ordered by Judge Kiyo A. Matsumoto on 4/21/2017. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Williams-Jackson, Sandra)
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Filing 952
NOTICE of Voluntary Dismissal by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 951
MOTION for Permanent Injunction [Proposed] Revised Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 950
Notice of MOTION for Entry of Judgment under Rule 54(b) (Notice of [Proposed] Final Judgment Against All Non-Settling Defendants) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Proposed Judgment) (Potter, Geoffrey)
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Filing 949
ORDER granting #928 Motion for Default Judgment. For the reasons set forth in the attached Memorandum and Order, plaintiffs' motion for default judgment, statutory damages, and permanent injunctive relief is granted, as modified in this opinion. Plaintiffs shall submit a revised permanent injunction order to be entered by this court. Plaintiffs are respectfully directed to file a proposed judgment for all non-settling defendants for whom the court has awarded damages pursuant to the March 31, 2016 Orders of Summary Judgment as well as the instant Order of Default Judgment, on notice to all defendants against whom judgment amounts will be entered, within thirty days of this order, by April 20, 2017. Plaintiffs are further requested to file a notice or stipulation of voluntary dismissal as to all claims which plaintiffs have represented that they no longer intend to pursue against the defaulting and answering defendants. Ordered by Judge Kiyo A. Matsumoto on 3/21/2017. (Newman, Alanna)
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Filing 948
Letter MOTION to Withdraw as Attorney by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc.. (Defilippis, Danielle)
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ORDER granting #948 Motion to Withdraw as Attorney. Attorney Danielle Marie Defilippis terminated. So Ordered by Magistrate Judge Steven L. Tiscione on 12/8/2016. (Vasquez, Lea)
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Filing 947
STIPULATION FOR DISMISSAL WITH PREJUDICE AND WITHOUT COSTS, that the claimby Capital Sales Company against Dan Dee Company, Inc. and Kevin Attiq in theabove matters, designated as a third-party claim by the Court, and consolidatedunder Case No. 1:12-cv-5354-KAM-RLM, may be dismissed with prejudice and without costs and attorney's fees. Party Kevin Attiq and Dan Dee Company, terminated. Ordered by Judge Kiyo A. Matsumoto on 11/8/2016. (Layne, Monique)
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Filing 946
STIPULATION of Dismissal of Third-Party Claim against Dan Dee Company and Kevin Attiq by Capital Sales Company, Ltd (Thome, James)
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Filing 945
STATUS REPORT by Capital Sales Company, Ltd (Thome, James)
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ORDER: re #943 Status Report filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Capital Sales Company and Dan Dee Company shall file a stipulation of dismissal or joint status letter regarding Capital Sales Company's third-party claims by 10/21/2016. All other parties are relieved of the obligation to provide the court with monthly status updates. Ordered by Judge Kiyo A. Matsumoto on 10/8/2016. (McNulty, John)
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Filing 944
MOTION to Withdraw as Attorney by Gregory C. Johnson, Filed by Joseph Sevany, Universal Wholesale, Inc.. (Attachments: #1 Proposed Order) (Johnson, Gregory)
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Filing 943
STATUS REPORT / Joint Status Report Pursuant to the Court's April 26, 2016 Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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ORDER granting (944) Motion to Withdraw as Attorney. Attorney Gregory Charles Johnson terminated in case 1:12-cv-05354-KAM-ST. So Ordered by Magistrate Judge Steven L. Tiscione on 9/29/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Vasquez, Lea)
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Filing 942
STATUS REPORT / Joint Status Report Pursuant to the Court's April 26, 2016 Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 941
CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC against 7-Eleven Store #11168F-2422. This Consent Judgment is entered pursuant to Rule 58 of the Fed.R.Civ.Pr., and this action is hereby dismissed without costs against only McArdle (a.k.a."7-Eleven Store #11168F-2422"). Living Essentials voluntarily withdraws its Motion for Entry of Default Judgment (Dkt.928) dated June 7, 2016, only as to McArdle. Ordered by Judge Kiyo A. Matsumoto on 8/8/2016. (Layne, Monique)
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ORDER, granting #940 Motion to Approve Consent Judgment. See #941 . Ordered by Judge Kiyo A. Matsumoto on 8/8/2016. (Layne, Monique)
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Filing 940
MOTION to Approve Consent Judgment and Permanent Injunction as to Defendant Michael McArdle d/b/a 7-Eleven Store #1168 (sued herein as "7-Eleven Store # 11168F-2422") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 939
Stipulation And Order Of Voluntary Dismissal With Prejudice, STIPULATED AND AGREED, by and between Cross-claim Plaintiff Quality King Distributors, Inc. and Cross-claim Defendants Food Distributors International, Inc. and Scott Tilbrook (together, the "FDI Defendants"), that pursuant to Fed.R.Civ.Pr. 41(a)(2) and 41(c): (i) QKD voluntarily dismisses with prejudice, all of its Cross-Claims against the FDI Defendants in this Case; and (ii) the FDI Defendants voluntarily dismiss with prejudice, all of their cross-claims against QKD in this case. Parties CC-Defts. Food Distributors International, Inc. and Scott Tilbrook terminated. Ordered by Judge Kiyo A. Matsumoto on 8/3/2016. (Layne, Monique)
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Filing 938
STIPULATION of Dismissal of all Cross-Claims Against Defendants Food Distributors International, Inc. and Scott Tilbrook by Quality King Distributions, INC (Cizmarik, Andre)
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Filing 937
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE, by and between Cross-claim Plaintiffs Food Distributors International, Inc. and Scott Tilbrook and Cross-claim Defendants The Dan Dee Company, Inc. and Kevin Attiq, that pursuant to Fed.R.Civ.Pr 41(a)(2) and 41(c): FDI voluntarily dismiss with prejudice all of their Cross-Claims against Dan Dee Defendants in this case. Ordered by Judge Kiyo A. Matsumoto on 8/2/2016. (Layne, Monique)
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Filing 936
STIPULATION of Dismissal of all cross-claims against The Dan Dee Company, Inc. and Kevin Attiq by Food Distributors International, Inc. and by Scott Tilbrook (Goodman, Stanley)
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Filing 935
STATUS REPORT - JOINT status report pursuant to the Court's 4/26/2016 Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 934
STATUS REPORT - JOINT status report pursuant to the Court's 4/26/2016 Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 933
NOTICE of Change of Address by Stanley R. Goodman (Goodman, Stanley)
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Filing 932
NOTICE of Change of Address by Martin I. Saperstein (Saperstein, Martin)
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Filing 931
Letter Report to the Court re Status of Capital Sales Claim against Dan Dee by Capital Sales Company, Ltd (Thome, James)
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Filing 930
AFFIDAVIT/DECLARATION in Support re #928 Notice of MOTION for Default Judgment against Mike Wholesale a.k.a Mikes-Wholesale.com; Heights Deli and Company; Ashkar Services, LLC a.k.a. Perfume Shower; 7-Eleven Stor #11168F-2422; Kaival Deli & Catering; Nevins Gourmet Deli; and Prestige filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Potter, Geoffrey)
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Filing 929
MEMORANDUM in Support re #928 Notice of MOTION for Default Judgment against Mike Wholesale a.k.a Mikes-Wholesale.com; Heights Deli and Company; Ashkar Services, LLC a.k.a. Perfume Shower; 7-Eleven Stor #11168F-2422; Kaival Deli & Catering; Nevins Gourmet Deli; and Prestige filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 928
Notice of MOTION for Default Judgment against Mike Wholesale a.k.a Mikes-Wholesale.com; Heights Deli and Company; Ashkar Services, LLC a.k.a. Perfume Shower; 7-Eleven Stor #11168F-2422; Kaival Deli & Catering; Nevins Gourmet Deli; and Prestige Mobile by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 927
STIPULATION AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE, STIPULATED AND AGREED,by and between Defendant-Cross Claimant Purity Wholesale Grocers, Inc. ("PWG"), and Defendant-Cross Defendant Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota (collectively, "Baja Defendants"), that pursuant to Federal Rules of Civil Procedure 41(a)(2) and 41(c), PWG voluntarily dismisses with prejudice and without assessment of costs or of attorney fees to either party to this Stipulation, all of their Cross-Claims against Baja Defendants. Ordered by Judge Kiyo A. Matsumoto on 5/31/2016. (Layne, Monique)
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Filing 926
CONSENT JUDGMENT AND PERMANENT INJUNCTION in favor of Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC against Food Distributers International, Inc. and Scott Tilbrook. (See attached for details). Ordered by Judge Kiyo A. Matsumoto on 6/1/2016. (Layne, Monique)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 6/2/2016. Appearances: James Thome for Capital Sales Company; Maura Griffin for Dan-Dee Company. CSC and Dan-Dee shall submit a joint letter by June 10, 2016 that includes: the status of settlement negotiations, whether the parties wish to be referred to a magistrate judge for mediation, and whether the parties consent to a bench trial if trial proves necessary. (McNulty, John)
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ORDER, granting #925 Motion to Approve Consent Judgment, see #926 . Ordered by Judge Kiyo A. Matsumoto on 6/1/2016. (Layne, Monique)
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Filing 925
MOTION to Approve Consent Judgment and Permanent Injunction as to Defendants Food Distributors International, Inc. and Scott Tilbrook by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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SCHEDULING ORDER: Capital Sales Company and the Dan-Dee Defendants shall appear for a telephonic status conference on Thursday, June 2, 2016 at 3:00 p.m. to discuss CSC's remaining cross-claims. Counsel for CSC is directed to initiate the call and call into chambers (718-613-2180) when both parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 6/1/2016. (McNulty, John)
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Filing 924
CONSENT JUDGMENT AND PERMANENT INJUNCTION, in favor of Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC against Baseline Distribution, INC, David Flood. (See attached jgt. for details). Ordered by Judge Kiyo A. Matsumoto on 5/25/2016. (Layne, Monique)
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ENDORSED ORDER, granting #921 Motion to Approve Consent Judgment. SEE #924 . Ordered by Judge Kiyo A. Matsumoto on 5/25/2016. (Layne, Monique)
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Filing 923
Letter (joint status) pursuant to the Court's 4/26/2016 Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 922
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO F.R.C.P. 4l(a)(l)(A)(i) AS TO CHAMPION DELI-GROCERY F/K/A NEW ISLAND DELI that the above-captioned action be and the same is hereby dismissed without prejudice as to Defendant Champion Deli-Grocery f/k/a New Island Deli only, without costs to any party, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Party New Island Deli terminated. Ordered by Judge Kiyo A. Matsumoto on 5/26/2016. (Layne, Monique)
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Filing 921
MOTION to Approve Consent Judgment and Permanent Injunction as to Defendants Baseline Distribution, Inc. and David Flood by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 920
NOTICE of Voluntary Dismissal by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC as to Defendant Champion Deli-Grocery f/k/a New Island Deli (Kurland, Thomas)
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Filing 919
CONSENT JUDGMENT AND PERMANENT INJUNCTION, in favor of Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC against Purity Wholesale Grocers, Inc.(See attached for details). Ordered by Judge Kiyo A. Matsumoto on 5/17/2016. (Layne, Monique)
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ORDER, granting #916 Motion to Approve Consent Judgment. SEE #919 . Ordered by Judge Kiyo A. Matsumoto on 5/17/2016. (Layne, Monique)
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Filing 918
STIPULATION Of Voluntary Dismissal With Prejudice by Purity Wholesale Grocers, Inc. (Goodman, Stanley)
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Filing 917
STIPULATION And Order Of Voluntary Dismissal With Prejudice by Purity Wholesale Grocers, Inc. (Goodman, Stanley)
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Filing 916
MOTION to Approve Consent Judgment and Permanent Injunction by Living Essential, LLC. (Potter, Geoffrey)
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Filing 915
STIPULATED AND AGREED, by and between Defendant-Cross Claimant Food Distributors International, Inc. and Scott Tilbrook (collectively, "FDI Defendants"), and Defendant-Cross Defendant Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota (collectively, "Baja Defendants"), that pursuant to Federal Rules of Civil Procedure 41(a)(2) and 41(c), FDl Defendants voluntarily dismiss with prejudice and without assessment of costs or of attorney fees to either party to this Stipulation, all of their Cross-Claims against Baja Defendants. Party Baja Exporting, LLC., Adriana Shayota, Joseph Shayota, terminated. Ordered by Judge Kiyo A. Matsumoto on 5/4/2016. (Layne, Monique)
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Filing 914
STIPULATION AND ORDER RE: MIDWEST PARTIES' DISMISSAL WITHOUT PREJUDICE OF ALL CROSS CLAIMS AGAINST JUAN ROMERO GUTIERREZ, STIPULATED AND AGREED that the Midwest Parties dismiss all of their cross claims against Romero without prejudice and without costs to any party, meaning each party shall bear its own costs and attorney fees with respect to the dismissed claims. Party Juan Romero Gutierrez (a/k/a Juan Romeo) terminated. Ordered by Judge Kiyo A. Matsumoto on 5/4/2016. (Layne, Monique)
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Filing 913
ORDER granting (910) Motion to Withdraw as Attorney. Attorney Stephen M. Lobbin terminated. Ordered by Judge Kiyo A. Matsumoto on 5/2/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Brucella, Michelle)
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Filing 912
STIPULATION of Dismissal of all Cross Claims Against Juan Romero Gutierrez by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 911
STIPULATION of Dismissal and Order of Voluntary Dismissal with Prejudice by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. (Greeley, David)
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Filing 910
MOTION to Withdraw as Attorney by Juan Romero Gutierrez. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Proposed Order) Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Lobbin, Stephen)
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Filing 909
PERMANENT INJUNCTION as to Defendants Midwest Wholesale Distributors, Walid Jamil, Raid Jamil, and Justin Shayota; Advance Nutraceutical Manufacturing LLC, Nutrition Private Label, Inc., and Juan Romero Gutierrez; Baseline Distribution, Inc.; Purity Wholesale Grocers; Food Distributors, Inc. and Scott Tilbrook. Ordered by Judge Kiyo A. Matsumoto on 4/25/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Brucella, Michelle)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Status Conference held on 4/26/2016. Appearances: Geoffrey Potter for Living Essentials; Stanley Goodman and Martin Saperstein for Food Distributors International and Purity Wholesale; Maura Griffin for the Dan-Dee Defendants; David Greeley for the Baja Defendants; Richard Schurin for Baseline Distribution; James Thome for Capital Sales Company; Anthony Viola for Quality King Distributors; Richard Apkarian for the Midwest Defendants; Stephen Lobbin for the Romero Defendants. The court heard status updates regarding the parties' claims and cross-claims and issued the following orders: (1) the parties shall file a joint status letter on May 27, 2016, and every 30 days thereafter; (2) Living Essentials shall file any motions for default judgment within 30 days; (3) the Midwest Defendants shall submit stipulations of dismissal for their remaining cross-claims by May 11, 2016. The court confirmed that the week of August 22, 2016 is reserved for trial and directed the parties to continue to pursue good faith settlement discussions. (Court Reporter: Joshua Edwards) (McNulty, John)
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Filing 908
Letter to Hon. Kiyo Matsumoto, from Geoffrey Potter in response to April 21, 2016 letter of Baseline Distribution, et al. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 907
MOTION for Permanent Injunction concerning defendants, Midwest Wholesale Distributors, Walid Jamil, Raid Jamil, and Justin Shayota; Advance Nutraceutical Manufacturing LLC, Nutrition Private Label, Inc., and Juan Romero Gutierrez; Baseline Distribution, Inc.; Purity Wholesale Grocers; Food Distributors, Inc. and Scott Tilbrook. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 906
Letter in response to Plaintiffs' letter of 4/20/16 by Baseline Distribution, INC (Schurin, Richard)
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Filing 905
NOTICE of Appearance by Evgeny Krasnov on behalf of David Flood (aty to be noticed) (Krasnov, Evgeny)
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ORDER: The parties with remaining claims or cross-claims shall appear for a telephonic status conference on Tuesday, April 26, 2016 at 3:00 p.m. Plaintiffs' counsel is directed to initiate the call and call into chambers (718-613-2180) when all parties are on the line. In addition, the parties are ordered to continue good faith settlement discussions and file a joint status letter by May 20, 2016. The court has reserved the week of August 22, 2016 for trial to resolve any outstanding claims or damage amounts. Ordered by Judge Kiyo A. Matsumoto on 4/21/2016. (McNulty, John)
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Filing 904
NOTICE of Appearance by Evgeny Krasnov on behalf of Baseline Distribution, INC (aty to be noticed) (Krasnov, Evgeny)
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Filing 903
Letter /Joint Status Letter submitted pursuant to 4/05/2016 Court order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 902
CONSENT JUDGMENT AND PERMANENT INJUNCTION as to Defendant CST Services LLC. Ordered by Judge Kiyo A. Matsumoto on 4/15/2016. (Brucella, Michelle)
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Filing 901
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant CST Services LLC, f/k/a and sued as Valero Retail Holdings, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 900
STIPULATION AND ORDER: Cross-Claimants Elegant Trading and Ahmed Bhimani's claims against Third Party Defendants Dan-Dee Company and Kevin Attiq are dismissed with prejudice pursuant to Fed. R. Civ. P. 41 and each party will bear its own costs. Ordered by Judge Kiyo A. Matsumoto on 4/5/2016. (Brucella, Michelle)
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Filing 899
CONSENT JUDGMENT AND PERMANENT INJUNCTION as to Defendant Core-Mark International, Inc. Ordered by Judge Kiyo A. Matsumoto on 4/5/2016. (Brucella, Michelle)
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Filing 898
NOTICE of Change of Firm and Address by Anthony J. Viola Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Viola, Anthony)
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Filing 897
CONSENT JUDGMENT AND PERMANENT INJUNCTION as to Defendants Elegant Trading, Inc. and Ahmed Bhimani. Ordered by Judge Kiyo A. Matsumoto on 4/5/2016. (Brucella, Michelle)
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Filing 896
NOTICE of Change of Firm and Address by Andre K. Cizmarik Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Cizmarik, Andre)
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Filing 895
STIPULATION re Elegant Trading and Ahmed Bhimani's dismissal with prejudice of claims against Dan-Dee Company and Kevin Attiq by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Elia, Steven)
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Filing 894
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant Core-Mark International, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER: No later than April 20, 2016, the parties with remaining claims or cross-claims shall confer and submit one joint status letter indicating how each party intends to proceed on its remaining claims. Ordered by Judge Kiyo A. Matsumoto on 4/5/2016. (McNulty, John)
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Filing 893
ORDER granting in part and denying in part (842) Motion for Partial Summary Judgment filed by Quality King Distributors; granting in part and denying in part (855) Motion for Partial Summary Judgment filed by Food Distributors International and Scott Tilbrook. For the reasons stated in the enclosed Memorandum and Order, Quality King's motion for partial summary judgment is granted in part and denied in part. The FDI Defendants' cross-motion for partial summary judgment is granted in part and denied in part. Quality King is awarded $799,266.80 on its breach of contract claim against Food Distributors International. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. (McNulty, John)
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Filing 892
ORDER granting in part and denying in part (843) Motion for Partial Summary Judgment filed by Purity Wholesale Grocers; granting in part and denying in part (847) Motion for Partial Summary Judgment filed by Food Distributors Int'l; granting in part and denying in part (849) Motion for Partial Summary Judgment filed by Food Distributors Int'l. For the reasons stated in the enclosed Memorandum and Order, FDI's motions for partial summary judgment are granted as to its breach of warranty of non-infringement claims against Baja Exporting and Dan-Dee Company, and otherwise denied. Purity's motion for partial summary judgment is granted as to its breach of warranty of non-infringement claim against Baja Exporting, and otherwise denied. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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Filing 891
ORDER granting in part and denying in part Elegant Trading, Inc.'s Motion for Summary Judgment Against Dan-Dee Company, Inc. For the reasons set forth in the attached Memorandum and Order, the Elegant Defendants' motion for summary judgment is granted in part and denied in part. Elegant Trading, Inc. is awarded $200,000 on its breach of contract claim against Dan-Dee, plus prejudgment interest from November 1, 2012. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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Filing 890
ORDER granting in part and denying in part (830) Motion for Summary Judgment by Capital Sales Company; granting in part and denying in part (869) Motion for Summary Judgment by Fadi Attiq in case 1:12-cv-05354-KAM-ST. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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Filing 889
CONSENT JUDGMENT AND PERMANENT INJUNCTION: Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (Williams-Jackson, Sandra)
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Filing 888
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to the Elegant Defendants by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 886
ORDER denying (856) Motion for Summary Judgment; granting in part and denying in part (857) Motion for Summary Judgment in case 1:12-cv-05354-KAM-ST; granting in part and denying in part (587) Motion for Summary Judgment in case 1:13-cv-06397-KAM-ST. For the reasons set forth herein, Plaintiffs' motion for summary judgment is granted in part and denied in part. David Flood's cross-motion for summary judgment is denied. Plaintiffs are directed to submit proposed permanent injunctions consistent with this opinion. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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Case Reassigned to Magistrate Judge Steven L Tiscione. Magistrate Judge Roanne L. Mann no longer assigned to the case.Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Motions referred to Steven L Tiscione. (Mahoney, Brenna)
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ORDER terminating (863) Motion for Summary Judgment in case 1:12-cv-05354-KAM-ST. Defendant Fadi Attiq's Motion for Summary Judgment is terminated as moot in light of the settlement agreement between plaintiffs and the Dan-Dee Defendants. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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ORDER terminating #829 Motion for Leave to Electronically File Document under Seal ; terminating #833 Motion for Leave to Electronically File Document under Seal ; terminating #834 Motion for Leave to Electronically File Document under Seal ; terminating #835 Motion for Leave to Electronically File Document under Seal ; terminating #836 Motion for Leave to Electronically File Document under Seal ; terminating #837 Motion for Leave to Electronically File Document under Seal ; terminating #838 Motion for Leave to Electronically File Document under Seal ; terminating #839 Motion for Leave to Electronically File Document under Seal ; terminating #840 Motion for Leave to Electronically File Document under Seal ; terminating #841 Motion for Leave to Electronically File Document under Seal ; terminating #848 Motion for Leave to Electronically File Document under Seal ; terminating #854 Motion for Leave to Electronically File Document under Seal ; terminating #864 Motion for Leave to Electronically File Document under Seal ; terminating #868 Motion for Leave to Electronically File Document under Seal ; terminating #870 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. (McNulty, John)
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ORDER terminating #862 Motion for Summary Judgment filed by Fadi Attiq as duplicative of #869 . Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. (McNulty, John)
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ORDER terminating as moot (874) Motion for Summary Judgment. Defendant Fadi Attiq's Motion for Summary Judgment is terminated as moot in light of the settlement agreement between plaintiffs and the Dan-Dee Defendants. Ordered by Judge Kiyo A. Matsumoto on 3/31/2016. Associated Cases: 1:12-cv-05354-KAM-ST, 1:13-cv-06397-KAM-ST (McNulty, John)
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Filing 885
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to the Dan-Dee Defendants by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Elia, Steven)
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Filing 884
STIPULATION AND ORDER: The Dan-Dee Parties and the Baja Parties dismiss all their claims against each other including claims for indemnity and contribution with prejudice and the dismissals are without costs to any party, with each party to bear its own costs and attorney fees with respect to the dismissed claims. Ordered by Judge Kiyo A. Matsumoto on 3/21/2016. (Brucella, Michelle)
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Filing 883
STIPULATION RE: DAN-DEE PARTIES AND BAJA PARTIES DISMISSAL WITH PREJUDICE OF INDEMNITY AND CONTRIBUTION CLAIMS by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Elia, Steven)
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Filing 882
STIPULATION AND ORDER: The Crossclaim Plaintiffs' Crossclaim against Crossclaim Defendants for indemnification and contribution is hereby dismissed with prejudice and without fees, costs or disbursements to any party. Ordered by Judge Kiyo A. Matsumoto on 3/16/2016. (Brucella, Michelle)
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Filing 881
STIPULATION of Dismissal by Ahmed Bhimani, Elegant Trading, Inc (Jensen, J.)
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Filing 880
NOTICE of Change of firm address by Steven Stern (Stern, Steven)
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Filing 879
NOTICE of Change of firm address by Richard S. Schurin (Schurin, Richard)
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Filing 878
RESPONSE in Opposition re #857 MOTION for Summary Judgment filed by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Joseph Shayota, Trimexico Inc.. (Attachments: #1 Corrected Response to Statement of Undisputed Material Facts Under Rule 56.1, #2 Declaration of Walid Jamil) (Akkashian, Brian)
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Filing 877
REPLY in Support Reply Memorandum of Law to Defendant and Cross-Defendant Tradeway International, Inc. d/b/a Baja Exporting's Memorandum of Law in Opposition to Purity Wholesale Grocers, Inc.'s Motion for Partial Summary Judgment filed by Purity Wholesale Grocers, Inc.. (Attachments: #1 Declaration of Alan Rutner) (Goodman, Stanley)
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Filing 876
MEMORANDUM in Opposition to Food Distributors International, Inc.'s Partial Motion for Summary Judgment filed by Dan Dee Company,. (Attachments: #1 Rule 56.1 Statement in Opposition, #2 Declaration of Steven A. Elia, #3 Declaration of Robert Taylor) (Griffin, Maura)
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Filing 875
MEMORANDUM in Opposition to Elegant Trading's Motion for Summary Judgment filed by Kevin Attiq, Dan Dee Company,. (Attachments: #1 Rule 56.1 Statement in Opposition, #2 Declaration of Steven A. Elia, #3 Declaration of Robert Taylor) (Griffin, Maura)
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Filing 874
MOTION for Summary Judgment as to Plaintiffs' Claims ( Responses due by 7/27/2015) by Fadi Attiq. (Attachments: #1 Rule 56.1 Statement, #2 Reply to Plaintiffs' Opposition, #3 Reply to Rule 56.1 Statement, #4 Declaration Robert Taylor) (Griffin, Maura)
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Filing 873
MEMORANDUM in Opposition to Plaintiffs' Motion for Summary Judgment filed by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Attachments: #1 Rule 56.1 Statement in Opposition, #2 Exhibit Evidentiary Objections, #3 Declaration of Steven A. Elia, #4 Declaration of Robert Taylor, #5 Exhibit Request for Judicial Notice) (Griffin, Maura)
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Filing 872
MEMORANDUM in Opposition to Capital Sales Company's Motion for Summary Judgment filed by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Attachments: #1 Rule 56.1 Statement in opposition, #2 Declaration of Steven A. Elia, #3 Declaration of Robert Taylor) (Griffin, Maura)
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Filing 871
REPLY in Support re #869 MOTION for Summary Judgment as to Capital Sales Company's Claims filed by Fadi Attiq. (Attachments: #1 Rule 56.1 Statement, #2 Declaration) (Griffin, Maura)
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Filing 870
MOTION for Leave to Electronically File Document under Seal by Tradeway International, Inc.. (Attachments: #1 Sealing Cover Sheet, #2 Memorandum in Opposition, #3 Declaration, #4 Rule 56.1 Statement) (Greeley, David)
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Filing 869
MOTION for Summary Judgment as to Capital Sales Company's Claims ( Responses due by 7/27/2015) by Fadi Attiq. (Attachments: #1 Rule 56.1 Statement) (Griffin, Maura)
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Filing 868
MOTION for Leave to Electronically File Document under Seal by Tradeway International, Inc.. (Attachments: #1 Sealing Cover Sheet, #2 Memorandum in Opposition, #3 Declaration, #4 Declaration, #5 Exhibit 1, #6 Exhibit 2-4, #7 Rule 56.1 Statement) (Greeley, David)
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Filing 867
Letter to the Honorable Kiyo Matsumoto pursuant to Rule IV(C)(1)(c) of the Court's Chambers Practices by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 866
AFFIDAVIT/DECLARATION in Support re (587 in 1:13-cv-06397-KAM-RLM) MOTION for Summary Judgment by Geoffrey Potter dated July 13, 2015 filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 865
MEMORANDUM in Support of Reply Memorandum of Law to Quality King Distributors Inc.'s Memorandum of Law in Oppostion to Food Distributors International, Inc. and Scott Tilbrook's Motion for Summary Judgement (Docket #858) filed Scott Tilbrook and filed by Food Distributers International, Inc. (Attachments: #1 Reply Declaration of Martin I. Saperstein, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit R, #8 Exhibit S) (Goodman, Stanley)
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Filing 864
MOTION for Leave to Electronically File Document under Seal by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit LE Corrected Memo of Law ISO MSJ, #2 Exhibit LE Corrected Local Rule 56.1 Statement of Undisputed Facts, #3 Exhibit Declaration of Geoffrey Potter dated May 11, 2015 with exhibits, #4 Exhibit Declaration of Robert Addona dated October 30, 2014 with exhibits, #5 Exhibit Declaration of Matthew Dolmage dated October 31, 2014 with exhibits, #6 Exhibit Declaration of Josh Lichtman dated October 28, 2015 with exhibits, #7 Exhibit Declaration of Teague Ryan dated October 24, 2015 with exhibits, #8 Exhibit LE Memo of Law in Opposition to David Flood C-MSJ, #9 Exhibit LE Response to David Flood 56.1 Statement of Undisputed Facts, #10 Exhibit LE Memo of Law in Opposition to Fadi Attiq's C-MSJ, #11 Exhibit LE Response to Fadi Attiq's 56.1 Statement of Undisputed Facts, #12 Exhibit Declaration of Geoffrey Potter dated December 19, 2014 with exhibits, #13 Exhibit LE Reply Brief, #14 Exhibit LE Reply 56.1 to Dan-Dee Defendants and Elegant Defendants Statement of Additional Facts, #15 Exhibit Joint Deposition Transcript Appendix) Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 863
Notice of MOTION for Summary Judgment as to Plaintiffs' Claims by Fadi Attiq. Responses due by 7/27/2015 (Griffin, Maura)
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Filing 862
Notice of MOTION for Summary Judgment against Capital Sales Company by Fadi Attiq. Responses due by 7/27/2015 (Griffin, Maura)
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Filing 861
MEMORANDUM in Opposition re #857 MOTION for Summary Judgment filed by Core-Mark International, Inc., Valero Retail Holdings, Inc.. (Attachments: #1 Appendix A, #2 Rule 56.1 Statement, #3 Declaration, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Declaration, #12 Exhibit A, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G, #19 Declaration, #20 Declaration) (Singer, Randi)
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Filing 860
MEMORANDUM in Opposition tp {;aomtoffs filed by Food Distributers International, Inc. (Attachments: #1 Rule 56.1 Statement Part 1 of 2, #2 Rule 56.1 Statement Part 2 of 2, #3 Declaration of Scott Tilbrook) (Goodman, Stanley)
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Filing 858
MEMORANDUM in Opposition to Food Distributors International, Inc. and Scott Tilbrook's Motion for Summary Judgment (filed on behalf of Defendant and Cross-Defendant Quality King Distributors, Inc.) filed by Food Distributers International, Inc. (Attachments: #1 Rule 56.1 Statement) (Goodman, Stanley)
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Filing 857
MOTION for Summary Judgment by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 856
Notice of MOTION for Summary Judgment by David Flood. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Rule 56.1 Statement, #3 Declaration of David Flood, #4 Declaration of Richard S. Schurin, #5 Exhibit A, #6 Exhibit B, #7 Reply Memorandum in Support of Motion For Summary Judgment, #8 Response to Plaintiff's Statement of Additional Material Facts) (Schurin, Richard)
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Filing 855
MEMORANDUM in Support filed by Scott Tilbrook and filed by Food Distributers International, Inc. (Attachments: #1 Memorandum in Support of their Motion for Summary Judgment and Judgment on the Pleadings to Dismiss Defendant and Cross-Claimant Quality King Distributors, Inc.'s Cross-Claims As to Scott Tilbrook and Partial Dismissal as to Food Distributors International, Inc., #2 Rule 56.1 Statement, #3 Declaration of Scott Tilbrook, #4 Declaration of Martin I. Saperstein, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Exhibit L) (Goodman, Stanley)
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Filing 854
Letter MOTION for Leave to Electronically File Document under Seal by Baseline Distribution, INC, David Flood. (Attachments: #1 Memorandum in Opposition, #2 Response to Plaintiff's 56.1 Statement, #3 Declaration of Richard S. Schurin, #4 Exhibit A, #5 Exhibit B-C, #6 Exhibit D, #7 Exhibit E-K) (Schurin, Richard)
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Filing 853
REPLY in Support re #842 Notice of MOTION for Partial Summary Judgment filed by Quality King Distributions, INC. (Cizmarik, Andre)
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Filing 852
RULE 56.1 STATEMENT re #850 Response in Opposition to Motion,, [filed on behalf of Defendants and Cross-Defendants Food Distributors International, Inc.] filed by Quality King Distributions, INC. (Cizmarik, Andre)
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Filing 850
RESPONSE in Opposition re #842 Notice of MOTION for Partial Summary Judgment [filed on behalf of Defendants and Cross-Defendants Food Distributors International, Inc.] filed by Quality King Distributions, INC. (Attachments: #1 Declaration of Scott Tilbrook, #2 Declaration of Martin I. Saperstein, #3 Exhibit A to Declaration of Martin I. Saperstein, #4 Exhibit F to Declaration of Martin I. Saperstein, #5 Exhibit G to Declaration of Martin I. Saperstein, #6 Exhibit H to Declaration of Martin I. Saperstein, #7 Exhibit I to Declaration of Martin I. Saperstein) (Cizmarik, Andre)
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Filing 849
Notice of MOTION for Partial Summary Judgment by Food Distributers International, Inc. (Attachments: #1 Memorandum in Support of its Motion for Partial Summary Judgment on its Cross-Claim Against Defendant and Cross-Defendant The Dandee Company, Inc., #2 Rule 56.1 Statement, #3 Declaration of Scott Tilbrook, #4 Declaration Martin I. Saperstein, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Reply Memorandum of Law to Defendant and Cross-Defendant The Dan-Dee Company Inc.'s Corrected Memorandum of Law in Opposition to Food Distribvutors International, Inc.'s Motion for Partial Summary Judgment, #16 Reply Declaration of Martin I. Saperstein with Exhibit A) (Goodman, Stanley)
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Filing 848
MOTION for Leave to Electronically File Document under Seal by Ahmed Bhimani, Elegant Trading, Inc. (Attachments: #1 Declaration of Bridget A. Crawford in Support of Elegant Trading's Motion to E-File Documents Under Seal, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K) (Jensen, J.)
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Filing 847
Notice of MOTION for Partial Summary Judgment by Food Distributers International, Inc. (Attachments: #1 Memorandum in Support of its Motion for Partial Summary Judgment on its Cross-Claim Against Defendant and Cross-Defendant Tradeway International, Inc. d/b/a Baja Exporting, #2 Rule 56.1 Statement, #3 Declaration of Scott Tilbrook, #4 Declaration of Martin I. Saperstein, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H, #13 Exhibit I, #14 Exhibit J, #15 Exhibit K, #16 Reply Memorandum of Law to Defendant and Cross-Defendant Tradeway International, Inc.'s d/b/a Baja Exporting Memorandum of Law in Opposition to Food Distributors International, Inc.'s Motion for Partial Summary Judgment) (Goodman, Stanley)
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Filing 846
RULE 56.1 STATEMENT re #842 Notice of MOTION for Partial Summary Judgment filed by Quality King Distributions, INC. (Cizmarik, Andre)
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Filing 845
MEMORANDUM in Support re #842 Notice of MOTION for Partial Summary Judgment filed by Quality King Distributions, INC. (Cizmarik, Andre)
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Filing 843
Notice of MOTION for Partial Summary Judgment by Purity Wholesale Grocers, Inc.. (Attachments: #1 Memorandum in Support of its Motion for Partial Summary Judgment on its Cross-Claim Against Defendant and Cross-Defendant Tradeway International, Inc. d/b/a Baja Exporting, #2 Rule 56.1 Statement, #3 Declaration of Alan Rutner, #4 Declaration of Martin I. Saperstein, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H) (Goodman, Stanley)
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Filing 842
Notice of MOTION for Partial Summary Judgment by Quality King Distributions, INC. (Attachments: #1 Declaration of Louis Assentato, #2 Declaration of Andre K. Cizmarik, #3 Exhibit A to Declaration of Andre K. Cizmarik, #4 Exhibit F to Declaration of Andre K. Cizmarik, #5 Exhibit H to Declaration of Andre K. Cizmarik, #6 Exhibit I to Declaration of Andre K. Cizmarik, #7 Certificate of Service, #8 Certificate of Service) (Cizmarik, Andre)
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Filing 841
Sixth MOTION for Leave to Electronically File Document under Seal re Opposition to Elegant Trading's Motion for Summary Judgment by Kevin Attiq, Dan Dee Company,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Griffin, Maura)
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Filing 840
Fifth MOTION for Leave to Electronically File Document under Seal re Opposition to Food Distributors International's Motion for Summary Judgment by Dan Dee Company,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Griffin, Maura)
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Filing 839
Fourth MOTION for Leave to Electronically File Document under Seal re Opposition to Capital Sales Company Motion for Summary Judgment by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Griffin, Maura)
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Filing 838
Third MOTION for Leave to Electronically File Document under Seal re Opposition to Plaintiffs' Motion for Summary Judgment by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Griffin, Maura)
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Filing 837
Second MOTION for Leave to Electronically File Document under Seal re Motion for Summary Judgment as to Plaintiffs and Reply to Plaintiffs' Opposition by Fadi Attiq. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Griffin, Maura)
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Filing 836
First MOTION for Leave to Electronically File Document under Seal re Motion for Summary Judgment as to Capital Sales Company by Fadi Attiq. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Griffin, Maura)
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Filing 835
First MOTION for Leave to Electronically File Document under Seal by Purity Wholesale Grocers, Inc.. (Attachments: #1 Memorandum in Opposition, #2 Rule 56.1 Statement Part 1 of 2, #3 Rule 56.1 Statement Part 2 of 2, #4 Declaration) (Goodman, Stanley)
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Filing 834
First MOTION for Leave to Electronically File Document under Seal by Scott Tilbrook and by Food Distributers International, Inc. (Attachments: #1 Memorandum in Opposition, #2 Rule 56.1 Statement Part 1 of 2, #3 Rule 56.1 Statement Part 2 of 2, #4 Declaration) (Goodman, Stanley)
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Filing 833
Letter MOTION for Leave to Electronically File Document under Seal by Quality King Distributions, INC. (Attachments: #1 Exhibit A to Declaration of Louis Assentato, #2 Exhibit B to Declaration of Louis Assentato, #3 Exhibit B to Declaration of Andre Cizmarik, #4 Exhibit C to Declaration of Andre Cizmarik, #5 Exhibit D to Declaration of Andre Cizmarik, #6 Exhibit E to Declaration of Andre Cizmarik) (Viola, Anthony) Modified descriptive text on 7/23/2015 (Lee, Tiffeny).
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Filing 832
RESPONSE in Opposition re #830 Notice of MOTION for Summary Judgment Against Cross and Third Party Defendants Dan Dee Company, Inc., Fadi Attiq and Kevin Attiq - Response to Motion for Summary Judgment by Cross and Third-Party Defendant Fadi Attiq filed by Capital Sales Company, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Thome, James)
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Filing 831
REPLY to Response to Motion re #830 Notice of MOTION for Summary Judgment Against Cross and Third Party Defendants Dan Dee Company, Inc., Fadi Attiq and Kevin Attiq filed by Capital Sales Company, Ltd. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Thome, James)
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Filing 830
Notice of MOTION for Summary Judgment Against Cross and Third Party Defendants Dan Dee Company, Inc., Fadi Attiq and Kevin Attiq by Capital Sales Company, Ltd. Responses due by 7/27/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Thome, James)
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Filing 829
Letter MOTION for Leave to Electronically File Document under Seal by Core-Mark International, Inc., Valero Retail Holdings, Inc.. (Attachments: #1 Rule 56.1 Statement Response to Plaintiffs' 56.1 Statement, #2 Memorandum in Opposition, #3 Appendix A to Memorandum of Law, #4 Declaration in Opposition to Plaintiff's Motion for Summary Judgment, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Declaration in Opposition to Plaintiff's Motion for Summary Judgment, #13 Exhibit A, #14 Exhibit B, #15 Exhibit C, #16 Exhibit D, #17 Exhibit E, #18 Exhibit F, #19 Exhibit G, #20 Declaration in Opposition to Plaintiff's Motion for Summary Judgment, #21 Declaration in Opposition to Plaintiff's Motion for Summary Judgment) (Singer, Randi)
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ORDER granting (828) Motion for Leave to File Excess Pages in case 1:12-cv-05354-KAM-RLM; granting (586) Motion for Leave to File Excess Pages in case 1:13-cv-06397-KAM-RLM. Plaintiffs' application is granted. Plaintiffs shall serve and file a reply brief of no more than 100 pages. In accordance with the court's 9/26/14 Electronic Order, plaintiffs may file their summary judgment exhibits in hard copy and on compact disc(s). Ordered by Judge Kiyo A. Matsumoto on 6/29/2015. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 828
Letter MOTION for Leave to File Excess Pages by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER. Given the defendants' representation that it is not necessary to supplement the report(s) of the defense expert(s), expert discovery is closed. The court adopts the schedule for corrections to previously-served briefs and the resumption of the stayed summary judgment briefing set forth in plaintiffs' April 17, 2015 letter ( #827 ). Any party that had previously served a motion for summary judgment that intends to correct its motion shall serve its corrected brief and/or Rule 56.1 Statement on its adversary by May 11, 2015. Any party that had previously served an opposition to a motion for summary judgment that intends to correct its opposition must serve its corrected opposition and/or Rule 56.1 Statement by June 8, 2015. All parties who had previously moved for summary judgment shall serve their reply papers by July 13, 2015. Finally, all parties shall file their summary judgment papers on ECF, and plaintiffs shall file the Joint Deposition Transcript Appendix on July 27, 2015. The parties are reminded to provide chambers with two courtesy copies of all motion papers after the fully-briefed motions have been filed on ECF. As set forth in the court's February 26, 2015 Order, any revisions to the parties' already-served motion papers should be minor and reflect only appropriate references to Dr. Bell's report and significant differences, if any, between the reports of Dr. Bell and Mr. Gering. The court will not entertain any applications from defendants for attorney's fees incurred in modifying defendant's briefs to change references from Mr. Gering's report to Dr. Bell's report. Ordered by Judge Kiyo A. Matsumoto on 4/22/2015. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 827
Letter (Status Report) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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ELECTRONIC ORDER granting #826 Motion to Withdraw as Attorney. Attorney Adam Blumenkrantz terminated. Ordered by Magistrate Judge Roanne L. Mann on 4/16/2015. (Maynard, Pat)
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Filing 826
MOTION to Withdraw as Attorney of Adam P. Blumenkrantz by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Blumenkrantz, Adam)
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ORDER terminating (769) Motion for Pre Motion Conference in case 1:12-cv-05354-KAM-RLM in light of this court's January 22, 2015 Electronic Order and February 26, 2015 Order (ECF No. #824 ). Ordered by Judge Kiyo A. Matsumoto on 4/8/2015. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 825
NOTICE by Quality King Distributions, INC of withdrawal of appearance by Zachary W. Silverman (Cizmarik, Andre)
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Filing 824
ORDER re (817), (818), (819), (820), (822), (823); granting in part and denying in part (818) Motion for Discovery; denying (819) Motion for Pre Motion Conference; finding as moot (822) Motion for Discovery. Ordered by Judge Kiyo A. Matsumoto on 2/26/2015. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 823
Letter to the Honorable Kiyo Matsumoto from Geoffrey Potter dated February 26, 2015 re: Expert Deposition Date by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 822
MOTION for Discovery to set deposition date of Plaintiff's new expert by Baseline Distribution, INC. (Schurin, Richard)
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Filing 821
EXHIBIT by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. Related document: (820 in 1:12-cv-05354-KAM-RLM) Letter, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D) Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 820
Letter in Response to Defendants Dan-Dee Company, Inc. Kevin and Fadi Attiq, and Baseline Distribution Inc. et al.'s Letters Dated 2-20-15 (Dkt. 817, 818 and 819) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 819
MOTION for pre motion conference for permission to bring motion for costs associated with expert substitution by Baseline Distribution, INC. (Schurin, Richard)
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Filing 818
MOTION for Discovery as a result of Expert Substitution by Baseline Distribution, INC. (Attachments: #1 Proposed Order) (Schurin, Richard)
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Filing 817
STATUS REPORT re Plaintiffs' substitute expert by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Griffin, Maura)
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ELECTRONIC ORDER re #816 NOTICE of Change of Address/Firm/Email filed by Nutrition Private Label, Inc. When counsel of record changes firms, the Court requires a stipulation of substitution of counsel executed by representatives of the former and current firms. Ordered by Magistrate Judge Roanne L. Mann on 2/6/2015. (Maynard, Pat)
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Filing 816
NOTICE of Change of contact information by Stephen M. Lobbin (Lobbin, Stephen)
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ELECTRONIC ORDER re #815 Notice of Consent to Change Attorney filed by Prestige Mobil. The Consent to Change Attorney Form will not be approved, as entities are not permitted to proceed pro se in federal court. Ordered by Magistrate Judge Roanne L. Mann on 1/30/2015. (Maynard, Pat) Modified on 1/30/2015 (Maynard, Pat).
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Filing 815
NOTICE of Consent to Change Attorney by Michael A. Martin on behalf of defendant Prestige Mobil. (Chee, Alvin)
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ORDER granting (809) Motion for Extension of Time to File; granting (811) Motion for Extension of Time to File; SCHEDULING ORDER: re (810 in 1:12-cv-05354-KAM-RLM) Letter filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC, (809 in 1:12-cv-05354-KAM-RLM) Letter MOTION for Extension of Time to File Fully Briefed MSJ's filed by Dan Dee Company, (811 in 1:12-cv-05354-KAM-RLM) Letter MOTION for Extension of Time to File Fully Briefed MSJ's and Reply to Capital Sales (Corrected) filed by Dan Dee Company, (808 in 1:12-cv-05354-KAM-RLM) Letter filed by Tradeway International, Inc., Joseph Shayota, Adriana Shayota, (813 in 1:12-cv-05354-KAM-RLM) Letter filed by Food Distributers International, Inc, (812 in 1:12-cv-05354-KAM-RLM) Letter, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC in case 1:12-cv-05354-KAM-RLM; SCHEDULING ORDER: re (810 in 1:12-cv-05354-KAM-RLM) Letter filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC, (809 in 1:12-cv-05354-KAM-RLM) Letter MOTION for Extension of Time to File Fully Briefed MSJ's filed by Dan Dee Company, (811 in 1:12-cv-05354-KAM-RLM) Letter MOTION for Extension of Time to File Fully Briefed MSJ's and Reply to Capital Sales (Corrected) filed by Dan Dee Company, (808 in 1:12-cv-05354-KAM-RLM) Letter filed by Tradeway International, Inc., Joseph Shayota, Adriana Shayota, (813 in 1:12-cv-05354-KAM-RLM) Letter filed by Food Distributers International, Inc, (812 in 1:12-cv-05354-KAM-RLM) Letter, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC in case 1:13-cv-06397-KAM-RLM in case 1:12-cv-05354-KAM-RLM. Upon review of the above submissions, the briefing schedules (including both service and filing) of the pending summary judgment motions is suspended pending the plaintiffs' service of their substitute expert report. The court's Order dated 12/22/14 stands, and the court will revisit the briefing schedule for the various dispositive motions after the defendants' February 20, 2015 status updates to the court. Ordered by Judge Kiyo A. Matsumoto on 1/22/2015. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa) Modified on 1/23/2015 (Williams-Jackson, Sandra).
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Filing 814
Letter seeking removal from ECF service and notice by Joseph Sevany, Universal Wholesale, Inc. (Mattieson, Chiara)
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Filing 813
Letter by Food Distributers International, Inc (Saperstein, Martin)
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Filing 812
Letter to the Court in Response to the Dan-Dee Defendants' Request for Modifications to the Briefing Schedule for Summary Judgment Motions by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 811
Letter MOTION for Extension of Time to File Fully Briefed MSJ's and Reply to Capital Sales (Corrected) by Dan Dee Company,. (Elia, Steven)
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Filing 810
Letter from Geoffrey Potter to Judge Matsumoto regarding the Baja Defendants' motion for a determination of good faith settlement by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 809
Letter MOTION for Extension of Time to File Fully Briefed MSJ's by Dan Dee Company,. (Elia, Steven)
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Filing 808
Letter Requesting Extension to File Motion for Good Faith Settlement by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Greeley, David)
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Filing 807
NOTICE of Change of Law Firm's Name by Anthony J. Viola to Locke Lord LLP for Defendant Quality King Distributors Inc. (Viola, Anthony)
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Filing 806
CONSENT JUDGMENT AND PERMANENT INJUNCTION. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 805
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendants Ultimate One Distributing Corp., Price Master Corp., Ghulam Najimi a/k/a Ghulamali Ali Najimi, Wally Najimi a/k/a Ahmed Wally Najimi, and Abdul Satar Najimi by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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SCHEDULING ORDER: The court has reviewed the letters in opposition to plaintiffs' motion to substitute an expert witness submitted by Baseline ( #802 ), Coremark and Valero ( #803 ) and the Dan-Dee Parties ( #804 ), and the court's Electronic Order dated 12/22/14 remains in effect. Mr. Attiq's application to resume the previously-scheduled briefing of his summary judgment motion against plaintiffs (see #804 ) is granted. Mr. Attiq's reply is due, and the fully-briefed motion shall be filed on ECF by 1/23/14. The parties are reminded to provide two courtesy copies of all motion papers to chambers. Ordered by Judge Kiyo A. Matsumoto on 12/29/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Tsay, Stephanie)
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Filing 804
Letter in Opposition to Plaintiffs' Letter [Docket Entry No. 800] Seeking Leave to Substitute Expert Witness by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Elia, Steven)
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Filing 803
Letter in Opposition to Letter Application [Docket Entry No. 800] Seeking Leave to Substitute Expert Witness by Core-Mark International, Inc., Valero Retail Holdings, Inc. (Singer, Randi)
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Filing 802
Letter in Opposition to Request to Substitute by Baseline Distribution, INC (Schurin, Richard)
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Filing 801
Letter In Response To Plaintiffs' Letter Dated December 18, 2014 by Purity Wholesale Grocers, Inc., Scott Tilbrook and by Food Distributers International, Inc (Goodman, Stanley)
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ORDER re #801 , #802 . Plaintiffs' application for leave to designate a substitute expert witness and to serve a substitute expert report concerning its economic damages is granted. Plaintiffs shall serve the report on defendants on or before February 6, 2015. The briefing schedules for plaintiffs' summary judgment motions and any cross-motions for summary judgment against plaintiffs are suspended pending service of plaintiffs' substitute expert report. After receiving the substitute expert report, defendants are ordered to advise the court as to what follow-up (e.g., depositions, rebuttal reports, supplemental briefing) they anticipate by February 20, 2015. The court does not address the burden of costs associated with plaintiffs' substitution of an expert witness at this time. Ordered by Judge Kiyo A. Matsumoto on 12/22/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 800
Letter to Court Seeking Leave to Substitute Expert Witness by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 799
STIPULATION AND ORDEROF VOLUNTARY DISMISSAL WITH PREJUDICE, that pursuant to FRCP 41(a)(2) and 41(c), Quality King Distributors voluntarily dismisses with prejudice, and without assessment of costs or of attorney fees to either party to the stipulation, all of its Cross-Claims against the Universal Defts in this case. That the Universal Defts' motion for summary judgment against Quality King Distributors (which was served on 10/31/14, but not yet filed) is hereby withdrawn with prejudice and that only that portion of Quality King Distributors' motion for summary judgment (served on 10/31/14, but not yet filed) which seeks relief against the Universal Defts is hereby withdrawn with prejudice. For sake of clarity, that portion of QKD's motion for summary judgment which seeks relief against Food Distributors International Inc. and scott Tilbrook is not being withdrawn. (Ordered by Judge Kiyo A. Matsumoto on 12/08/2014) (Galeano, Sonia)
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ORDER granting (797) Motion for Extension of Time to File in case 1:12-cv-05354-KAM-RLM. The Dan-Dee Parties' request to file a memorandum of law that exceeds 30 pages in opposition to plaintiffs' motion for summary judgment is granted; however, the Dan-Dee Parties' memorandum of law shall not exceed 40 pages. Additionally, the Dan-Dee Parties' request for an extension to oppose Capital Sales, FDI, and Elegant Trading's motions is granted. The Dan-Dee Parties shall serve their opposition to Capital Sales's motion on January 6, 2014, and Capital Sales shall serve its reply on February 3, 2014. The Dan-Dee Parties shall serve their opposition to FDI's motion on January 16, 2014, and FDI shall serve its reply on February 13, 2014. The Dan-Dee Parties shall serve their opposition to Elegant Trading's motion on January 9, 2014, and Elegant Trading shall serve its reply on February 9, 2014. The parties shall file the fully briefed motions on ECF on the day the reply brief is due to be served. The parties are also reminded to provide chambers with two courtesy copies of all motion papers when the motions are fully-briefed. Ordered by Judge Kiyo A. Matsumoto on 12/8/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 798
STIPULATION [PROPOSED] AND ORDER OF VOLUNTARY DISMISSAL WITH PREJUDICE by Quality King Distributions, INC (Cizmarik, Andre)
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Filing 797
Letter MOTION for Extension of Time to File Oppositions to Capital Sales, Food Distributors, Inc. and Elegant Trading Motions by Fadi Attiq, Kevin Attiq, Dan Dee Company,. (Elia, Steven)
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Filing 796
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Declaration of Thomas P. Kurland, Esq. in Support of Entry of Default Against Defendant New Island Deli, #2 Notation of Default, #3 Certificate of Service) (Kurland, Thomas)
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ORDER re (795 in 1:12-cv-05354-KAM-RLM, 575 in 1:13-cv-06397-KAM-RLM) Letter filed by Tradeway International, Inc., Joseph Shayota, Adriana Shayota. In light of the status letter submitted by counsel for the Baja Parties, the court orders the following briefing schedule for the Baja Parties' anticipated summary judgment motion against the Dan-Dee parties. The Baja Parties shall serve their moving papers by January 30, 2015. The Dan-Dee Parties shall serve their opposition papers by February 27, 2015. The Baja Parties shall serve their reply papers, and the parties will file via ECF all motion papers, on March 20, 2015. The parties are reminded to submit two courtesy copies of all materials to chambers. Ordered by Judge Kiyo A. Matsumoto on 11/18/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 795
Letter Joint Update Regarding Status of Mediation by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Greeley, David)
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Filing 794
Letter MOTION for Leave to File Excess Pages by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER granting (794) Motion for Leave to File Excess Pages in case 1:12-cv-05354-KAM-RLM. Plaintiffs' request for leave to file a 135-page opening brief, inclusive of graphical demonstratives, is granted. Ordered by Judge Kiyo A. Matsumoto on 10/28/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 793
Notice of Filing Bankruptcy for Defendant Justin Shayota (Attachments: #1 Exhibit A) (Apkarian, Richard)
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Filing 792
ANSWER to #536 Crossclaim, Answer to Amended Cross-Claims of Food Distributors International, Inc. and Scott Tillbrook by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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ORDER. In light of the Dan-Dee and Baja Parties' upcoming mediation date (see #791 in Case No. 12-cv-5354), the Dan-Dee and Baja Parties shall file a joint status letter regarding their mediation on or before 11/14/14. Ordered by Judge Kiyo A. Matsumoto on 10/23/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 791
Letter providing status of mediation with Baja Defendants by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Griffin, Maura)
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Filing 790
STIPULATION AND ORDER: One Stop Label is authorized to release the Escrow Funds, and all orders issued by this Court and now in effect freezing or restraining the assets of One Stop Label are hereby terminated. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 789
STIPULATION AND ORDER: Top Choice is authorized to release the Escrow Funds, and all orders issued by this Court and now in effect freezing or restraining the assets of Top Choice are hereby terminated. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 788
STIPULATION / Joint Stipulation and [Proposed] Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 787
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Prestige Mobil has failed to appear or otherwise defend this action, the default of Defendant Prestige Mobil is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 786
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Nevins Gourmet Deli has failed to appear or otherwise defend this action, the default of Defendant Nevins Gourmet Deli is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 785
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Kaival Deli & Catering has failed to appear or otherwise defend this action, the default of Defendant Kaival Deli & Catering is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 784
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant 7-Eleven Store #11168F-2422 has failed to appear or otherwise defend this action, the default of Defendant 7-Eleven Store #11168F-2422 is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 783
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Akshar Services, LLC has failed to appear or otherwise defend this action, the default of Defendant Akshar Services, LLC is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 782
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Heights Deli and Company has failed to appear or otherwise defend this action, the default of Defendant Heights Deli and Company is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 781
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Mike Wholesale a.k.a. Mikes-Wholesale.com has failed to appear or otherwise defend this action, the default of Defendant Mike Wholesale a.k.a Mikes-Wholesale.com is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet)
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Filing 780
STIPULATION / Joint Stipulation and [Proposed] Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Yatrakis, Christos)
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Filing 779
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Prestige Mobil, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 778
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Champion Deli-Grocery (F/K/A New Island Deli), #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 777
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Nevins Gourmet Deli, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 776
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Kaival Deli and Catering, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 775
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant 7-Eleven Store #11168-2422, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 774
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Akshar Services, LLC A.K.A. Perfume Shower, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 773
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Heights Deli, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 772
Request for Certificate of Default by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Affidavit of Geoffrey Potter, Esq. in Support of Entry of Default Against Defendant Mike Wholesale A.K.A. Mikes-Wholesale.com, #2 Exhibit A: Affidavit of Service, #3 [Proposed] Certificate of Default) (Potter, Geoffrey)
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Filing 771
SCHEDULING ORDER: In accordance with Judge Matsumoto's order of earlier today, a settlement conference with each of the Baja Parties and Dan-Dee Parties and their counsel will be held in Courtroom 13C-S on October 16, 2014 at 2:00 p.m. All clients must attend in person, including any and all individuals whose approval is required for any settlement between the Baja and Dan-Dee Parties. Ordered by Magistrate Judge Roanne L. Mann on 10/6/2014. (Maynard, Pat)
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ORDER re (770 in 1:12-cv-05354-KAM-RLM) Letter filed by Fadi Attiq, Kevin Attiq, Dan Dee Company, (769 in 1:12-cv-05354-KAM-RLM) Letter MOTION for pre motion conference filed by Tradeway International, Inc., Joseph Shayota, Adriana Shayota. Prior to the scheduling of a pre-motion conference, the Baja Parties and Dan-Dee Parties are ordered to schedule a settlement conference before Judge Mann, at which the parties and counsel should appear. Counsel for the Baja and Dan-Dee Parties shall file a joint status letter within two business days of the settlement conference or by 11/5/14 (whichever is earlier). Ordered by Judge Kiyo A. Matsumoto on 10/6/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 770
Letter in response to the Baja defendants' request for pre-motion conference re: motion to dismiss by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Griffin, Maura)
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Filing 769
Letter MOTION for pre motion conference seeking hearing date for motion to dismiss the cross-claims of Kevin Attiq, Fadi Attiq and Dan-Dee Company, Inc. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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ORDER denying (740) Motion for Pre Motion Conference; denying (743) Motion for Pre Motion Conference; denying (744) Motion for Pre Motion Conference; denying (745) Motion for Pre Motion Conference; denying (746) Motion for Pre Motion Conference; denying (749) Motion for Pre Motion Conference; denying (750) Motion for Leave to File; denying (753) Motion for Pre Motion Conference in case 1:12-cv-05354-KAM-RLM; denying (572) Motion for Pre Motion Conference in case 1:13-cv-06397-KAM-RLM. In light of the parties' agreement regarding the proposed briefing schedule in their pre-motion conference letters (see ECF Nos. 740, 742-758, 760-761 on Docket No. 12-cv-5354), the following briefing schedule is ordered for plaintiff and defendants' anticipated motions and cross-motions for summary judgment and judgment on the pleadings: The moving parties shall serve their motions no later than October 31, 2014. Oppositions shall be served on the moving parties by December 19, 2014, and replies shall be served (and the fully-briefed motions filed via ECF) on January 23, 2015. Plaintiff's requests to (1) file a consolidated 100-page brief and (2) submit exhibits by hard copy and disc are granted. The parties are respectfully requested to coordinate the ECF filing of their fully-briefed motions on January 23, 2015, and to provide the court with two courtesy copies of all submissions. Ordered by Judge Kiyo A. Matsumoto on 9/26/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Alagesan, Deepa)
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Filing 768
ORDER re #767 Notice of Consent to Change Attorney: The substitution of attorney is hereby approved and so ordered, on condition that the substitution will not delay the progress of the case. Ordered by Magistrate Judge Roanne L. Mann on 9/24/2014. (Brucella, Michelle)
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Filing 767
NOTICE of Consent to Change Attorney by Randi Wolkenbreit Singer (with Proposed Order) (Singer, Randi)
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Filing 766
CONSENT JUDGMENT between Innovation Ventures, LLC, Living Essentials, LLC, International IP Holdings, LLC and Capital Sales Company, Inc. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 765
Letter to correct prior letter of 9/10 re. briefing schedule by Baseline Distribution, INC (Schurin, Richard)
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Filing 764
CONSENT JUDGMENT AND PERMANENT INJUNCTION between Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC and 7-Eleven Store #23407. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 763
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant Capital Sales Company, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 762
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant 7-Eleven Store #23407 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 761
Letter to Hon. Matsumoto-seeking leave to file motion by Abdul Satar Najimi, Gulam Najimi, Wally Najimi, Ultimate One Distributing Corp. (Greenberg, Todd)
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Filing 760
Letter responding to QKD's letter dtd 9-10-14 by Joseph Sevany, Universal Wholesale, Inc. (Barton, Michael)
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Filing 759
ORDER re #741 STIPULATION: So Ordered. Ordered by Judge Kiyo A. Matsumoto on 9/12/2014. (Brucella, Michelle)
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Filing 758
Letter in response to letter by Quality King Distributors, Inc. requesting a pre-motion conference by Scott Tilbrook and by Food Distributers International, Inc (Saperstein, Martin)
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Filing 757
Letter in response to Defendant Kevin Attiq's letter requesting a pre-motion conference by Food Distributers International, Inc (Saperstein, Martin)
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Filing 756
Letter in response to Plaintiffs' pre-motion conference letter by Fadi Attiq, Kevin Attiq, Dan Dee Company, (Griffin, Maura)
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Filing 755
Letter to Judge Matsumoto in response to Plaintiffs' letter dated September 8, 2014 by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 754
Letter in repsonse to Plaintiffs' letter for a pre-motion conference by Purity Wholesale Grocers, Inc., Scott Tilbrook and by Food Distributers International, Inc (Saperstein, Martin)
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Filing 753
Letter MOTION for pre motion conference by Fadi Attiq, Kevin Attiq. (Griffin, Maura)
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Filing 752
Letter in opposition to Plaintiff's pre-motion conference letter by Core-Mark International, Inc. (Singer, Randi)
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Filing 751
Letter in response to Plaintiffs letter requesting a premotion conference by Baseline Distribution, INC (Schurin, Richard)
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Filing 750
Letter MOTION for Leave to File Motion on Briefing Schedule by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 749
Letter MOTION for pre motion conference by Quality King Distributions, INC. (Silverman, Zachary)
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Filing 748
Letter re briefing schedule by Shah Distributors, Inc (Davis, Brian)
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Filing 747
Letter re: pre-motion conference by Joseph Sevany, Universal Wholesale, Inc. (Barton, Michael)
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Filing 746
Letter MOTION for pre motion conference by Capital Sales Company, Ltd. (Thome, James)
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Filing 745
MOTION for pre motion conference by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 744
MOTION for pre motion conference by Scott Tilbrook and by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 743
MOTION for pre motion conference by Purity Wholesale Grocers, Inc.. (Saperstein, Martin)
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Filing 742
Letter MOTION for pre motion conference by David Flood (Schurin, Richard)
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Filing 741
STIPULATION / Joint Stipulation and [Proposed] Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 740
Letter MOTION for pre motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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ELECTRONIC ORDER re (571 in 1:13-cv-06397-KAM-RLM, 739 in 1:12-cv-05354-KAM-RLM) Status Report, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Application granted. The mediation involving the Shah defendants must be completed by September 19, 2014. Ordered by Magistrate Judge Roanne L. Mann on 9/3/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Maynard, Pat)
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Filing 739
STATUS REPORT / Letter to the Honorable Roanne L. Mann from Geoffrey Potter, to provide an updated status report. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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Filing 738
TRANSCRIPT of Proceedings held on 6/5/14, before Judge Matsumoto. Court Reporter/Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, INC., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/12/2014. Redacted Transcript Deadline set for 9/22/2014. Release of Transcript Restriction set for 11/20/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Hong, Loan)
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Filing 737
Letter by Top Choice Trading USA, Inc (Nizin, Leslie)
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Filing 736
ENDORSED ORDER re (735 in 1:12-cv-05354-KAM-RLM, 566 in 1:13-cv-06397-KAM-RLM) Status Report, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. All requests for a premotion conference before Judge Matsumoto must be filed by 9/10/2014. Plaintiffs shall file an updated status report by 9/2/2014. Ordered by Magistrate Judge Roanne L. Mann on 8/11/2014. (Maynard, Pat)
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Filing 735
STATUS REPORT / Letter to the Honorable Roanne L. Mann from Geoffrey Potter dated 8/11/2014 re: "status report and joint proposed schedule for further proceedings" by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Potter, Geoffrey)
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ELECTRONIC ORDER re #734 Letter filed by One Stop Label Corporation: One Stop and its counsel need not appear at today's mediation. Ordered by Magistrate Judge Roanne L. Mann on 8/6/2014. (Bauermeister, Mischa)
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Filing 734
Letter Regarding Negotiations Eliminating Current Need for Mediation Between Plaintiffs and One Stop Label by One Stop Label Corporation (Siegel, Ira)
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Filing 733
STATUS REPORT by Shah Distributors, Inc Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Davis, Brian)
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Filing 732
ENDORSED ORDER re #731 Status Report filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Application granted in its entirety. All defendants listed below, including the Shah defendants (who have ignored the Court's order for a status report by July 30, 2014), are directed to appear at the mediations on the scheduled dates, with clients and insurance carriers, and are to split the cost with plaintiff. Ordered by Magistrate Judge Roanne L. Mann on 7/31/2014. (Maynard, Pat)
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Filing 731
STATUS REPORT / Letter to the Honorable Roanne L. Mann from Geoffrey Potter, to provide a report on the status of the mediations by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 730
ORDER. After reviewing plaintiffs' and defendant Mr. Shayota's submissions ( #724 , #726 , #727 ) in response to the court's June 5, 2014 order to show cause, and for the reasons set forth in the attached order, the court orders the following: (1) Mr. Shayota is ordered to deposit into an interest-bearing account in the Clerk's Registry of the United States District Court for the Eastern District of New York $300 per month, due on the 1st of August 2014 and each month thereafter, until he has deposited $40,000. He shall note his name, the case name, and docket number on each check or money order. (2) Mr. Shayota is ordered to provide to plaintiffs proof of monthly family income and receipts and/or bank statements for every expenditure over $100 on a monthly basis, due the 1st of August 2014 and each month thereafter. (3) The court's November 30, 2012 preliminary injunction is amended to allow for the payment of reasonable living expenses in the amount of $1400 per month by Mr. Shayota, provided Mr. Shayota complies with (1) and (2) above. Ordered by Judge Kiyo A. Matsumoto on 7/25/2014. (Alagesan, Deepa)
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Filing 729
ORDER re #728 Letter filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC, #723 Order Referring Case to Mediation. For the reasons stated in this Court's Order, the Court grants plaintiffs request to limit its June 11th mediation order to the defendants listed in the Order ( see attached Order). Plaintiffs and the listed defendants are directed to confer and, by July 30, 2014, to submit a joint status report detailing whether they will proceed to mediation before a JAMS mediator and, if so, on what dates; and, if they instead opt for court-annexed mediation, the name of the selected mediator and the dates, time and place of the mediation sessions. Ordered by Magistrate Judge Roanne L. Mann on 7/14/2014. (Maynard, Pat)
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Filing 728
Letter to the Honorable Roanne L. Mann regarding the Court's June 11, 2014 Mediation Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 727
Letter by Justin Shayota (Apkarian, Richard)
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Filing 726
Letter in response to Defendant Justin Shayota's June 12, 2014 letter to the Court (Dkt. No. 724) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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REPORT of Mediation UNSETTLED One mediation session was held on 05/28/2014 among Plaintiffs, Core-Mark and co-defendants Baseline Distributors, Inc. and its principal David Flood, Purity Wholesale Grocers, Inc. and Valero Retail Holding, Inc. (now CST Services LLC, a wholly owned subsidiary of CST brands) but no settlement was reached. Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/mediation) to be filed with ADR Administrator within two weeks following mediation session. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Lepp, Gerald)
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Filing 725
Letter Addressed to the Honorable Kiyo A. Matsumoto Regarding Status Update by Core-Mark International, Inc. (Singer, Randi)
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Filing 724
RESPONSE TO ORDER TO SHOW CAUSE by Justin Shayota (Attachments: #1 Declaration) (Akkashian, Brian)
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Filing 723
ORDER REFERRING CASE to Mediation. With fact discovery closed and expert discovery scheduled to conclude on June 30, 2014, the remaining claims in these cases are sent for court-annexed mediation. By August 11, 2014, the parties shall file a status report and joint proposed schedule for further proceedings ( see attached Order).Selection of Mediator due by 6/30/2014. Ordered by Magistrate Judge Roanne L. Mann on 6/11/2014. (Maynard, Pat)
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MEDIATION INSTRUCTIONS sent to Counsel. Letter of Instruction is found on Court's ADR website at www.nyed.uscourts.gov By 06/30/2014, Counsel are to select a Mediator, schedule the first mediation session, and electronically file (ECF) and confirm in writing to the ADR Administrator, Gerald P. Lepp, the name of the mediator, and the date, time, and place of the first mediation session. For a list of the EDNY Mediators and their qualifications, see the Court's website at www.nyed.uscourts.gov/alternative-dispute-resolution. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8 (f) (1) [formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation which is a separate entry on the Court's ADR website is to be signed at the mediation session by all participants, including the mediator, and sent by FAX (718) 613-2368 to the ADR Administrator. In accordance with Administrative Order 2004-08 (as of August 2, 2004) electronic filing became mandatory in the Eastern District of New York for all cases,(pro se cases are excluded). Questionnaire for Attorneys in Mediated Cases (www.nyed.uscourts.gov/alternative-dispute-resolution) to be filed with ADR Administrator within two weeks following mediation session. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Lepp, Gerald)
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ORDER finding as moot #713 Motion to Compel. As plaintiffs and QKD have settled, see Order (June 9, 2014), QKD's motion to compel (DE #713) is terminated as moot. Ordered by Magistrate Judge Roanne L. Mann on 6/11/2014. (Maynard, Pat)
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Filing 722
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant Quality King Distributors, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER granting #722 Motion for Judgment Based on Settlement: The Consent Judgment and Permanent Injunction ( #722 ) between the Living Essentials Plaintiffs and Defendant Quality King is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 6/9/2014. (Alagesan, Deepa)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 6/5/2014. Appearances: Geoffrey Potter, Esq. and Thomas Kurland, Esq. appeared for plaintiffs. Brian Akkashian, Esq. appeared for the defendant, Mr. Justin Shayota. Mr. Justin Shayota is ordered to show cause in writing on or before 6/12/2014 why an order should not be entered requiring him to place $40,000 in an interest-bearing escrow account. In his response, Mr. Justin Shayota must provide documentation for all expenses, whether paid directly or indirectly by him, and sources of income, whether received directly or indirectly by him, including all supporting documentation for such expenses and income. Plaintiffs' response is due on or before 6/19/2014. Mr. Shayota's reply to plaintiffs' response is due on or before 6/25/2014. Counsel are respectfully reminded to provide chambers with two courtesy copies of all submissions. Ordered by Judge Kiyo A. Matsumoto on 6/5/2014. (Alagesan, Deepa)
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SCHEDULING ORDER: The telephonic pre-motion conference originally scheduled for 5/23/14 is adjourned until 6/5/14 at 2:00 PM. Counsel for Mr. Justin Shayota shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 5/21/2014. (Tsai, Denise)
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Filing 721
Letter From Geoffrey Potter to Judge Matsumoto in Response to Defendant Justin Shayota's May 2, 2014 Letter by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Potter, Geoffrey)
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ORDER: Counsel for plaintiffs shall file a response to defendant Justin Shayota's letter #720 , not to exceed 3 pages, by May 13, 2014. The parties shall appear for a telephonic pre-motion conference on May 23, 2014 at 2:00 PM. Counsel for Mr. Shayota shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 5/8/2014. (Tsai, Denise)
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Filing 720
Letter to Judge Matsumoto by Justin Shayota (Akkashian, Brian)
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Filing 719
STIPULATION of Dismissal Stipulation re Midwest Parties' Dismissal with Prejudice of Fraud Claims and Without Prejudice of Indemnity and Contribution Claims Against the Baja Parties by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. (Greeley, David)
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STIPULATION AND ORDER: The Midwest Parties' and the Baja Parties' joint stipulation of dismissal #719 is SO ORDERED. Accordingly, the Midwest Parties' cross-claims of fraudulent misrepresentation, innocent misrepresentation, and silent fraud as to the Baja Parties are dismissed with prejudice, and the Midwest Parties' claims for indemnity and contribution as to the Baja Parties are dismissed without prejudice. Ordered by Judge Kiyo A. Matsumoto on 4/29/2014. Corrected order. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Tsai, Denise)
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Filing 718
TRANSCRIPT of Proceedings held on April 4, 2014, before Judge Mann. Court Transcriber: Transcription Plus II. Email address: rl.transcriptions2@gmail,com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2014. Redacted Transcript Deadline set for 5/9/2014. Release of Transcript Restriction set for 7/7/2014. (Rocco, Christine)
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Filing 717
Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone Conference held on 4/8/2014. The Court resolves on the record disputes that have arisen during the ongoing deposition of plaintiffs' Rule 30(b)(6) witness, Mr. Dolmage. (Maynard, Pat) (Main Document 717 replaced due to administrative error in attachment on 6/9/2014) (Maynard, Pat).
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Filing 716
Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann: For the reasons stated on the record, this Court grants in part and denies in part #690 Motion for Protective Order (see attached Minute Entry); Telephone Conference held on 4/4/2014. (Maynard, Pat)
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Filing 715
Consent MOTION for Judgment Based on Settlement and Permament Injunction re Defendants Universal Wholesale, Inc. and Joseph Sevany by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 714
Letter from Geoffrey Potter to Judge Mann in opposition to Defendant Quality King Distributors, Inc.'s letter motion to compel discovery by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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ORDER granting #715 Motion for Judgment Based on Settlement: The Consent Judgment and Permanent Injunction #715 between Living Essentials Plaintiffs and the Universal Defendants is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 4/4/2014. (Tsai, Denise)
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Filing 713
Letter MOTION to Compel Plaintiffs to produce responses to, inter alia, QKD's first set of interrogatories and second set of document requests by Quality King Distributions, INC. (Viola, Anthony)
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ORDER: In light of the Jamil Defendants' #691 letter and the Living Essentials Plaintiffs' #694 letter regarding the Jamil Defendants' obligation to comply with this court's August 1, 2013 Order, the August 1, 2013 Order is hereby modified as follows: the Jamil Defendants must jointly and severally pay $1500 each on the first day of each month, for a total of $3000 each month, into the Clerk of Court's escrow account, until they have satisfied the full $400,000 payment as ordered in the August 1, 2013 Order. In addition, counsel for the Jamil Defendants shall send monthly verification of the payments to plaintiffs' counsel. Ordered by Judge Kiyo A. Matsumoto on 4/3/2014. (Tsai, Denise)
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Filing 712
STIPULATION of Dismissal Stipulation and Order Re JT Wholesale and Trimexico Dismissal of All Claims Against the Baja Parties and Justin Shayota Dismissal of All Fraud-Based Claims Against the Baja Parties by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. (Greeley, David)
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STIPULATION AND ORDER: The Midwest Parties' and the Baja Parties' joint stipulation of dismissal without prejudice of (1) JT Wholesale, Inc.'s and Trimexico, Inc.'s claims and causes of action against the Baja Parties and (2) Justin Shayota's first, second, and third causes of action against the Baja Parties contained in the Midwest Parties' first-amended cross-claim #499 , is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/31/2014. (Tsai, Denise)
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SCHEDULING ORDER: re #690 Letter MOTION for Protective Order filed by 7-Eleven Store #23407, 7-Eleven Store #25449C-2422, 7-Eleven Store #32760, 7-Eleven Store #11152, 7-Eleven Store #11181, 7 Eleven, Inc., 7-Eleven Store #11168F-2422, Valero Retail Holdings, Inc., Quality King Distributions, INC, Kevin Attiq, Mike Wholesale, Isaac Anzaroot, New Island Deli, Abdul Satar Najimi, Wally Najimi, Baja Exporting, LLC, Delta Distribution Services Corp., Camilo Ramirez, Prestige Mobil, Kaival Deli & Catering, Advanced Nutraceutical Manufacturing, LLC, Akshar Services, LLC, International IP Holdings LLC, Tradeway International, Inc., Fadi Attiq, Core-Mark International, Inc., Nutrition Private Label, Inc., Sulaiman S. Aamir, Price Master Corp., Capital Sales Company, Ltd, MCR Innovations and Packaging, Inc., Steerforth Trading, Inc, Saquib Khan, MCR Printing and Packaging Corp, Dan Dee Company,, Dan-Dee Company, Inc., CVS Caremark Corp., Living Essential, LLC, Raid Jamil, Elegant Trading, Inc, JT Wholesale, Inc, Universal Wholesale, Inc., Justin Shayota, Robert McCormack, Mario Ramirez, Flexopack, Heights Deli and Company, Nevins Gourmet, Walid Jamil, Donna Roman, Scott Tilbrook, Excel Wholesale Distributors, Inc., Gulam Najimi, David Flood, Innovation Ventures, LLC, Midwest Wholesale Distributers, David K Lee, Joseph Sevany, Joseph Shayota, Top Choice Trading USA, Inc, Baseline Distribution, INC, Moa Trading, Inc, Trimexico Inc., Adriana Shayota, Ultimate One Distributing Corp., Purity Wholesale Grocers, Inc., Arvind Shah, Naftaunited.com, Richmond Wholesale Company, Inc., John Does 1-10, Empire Trade Wholesaler Corp., Food Distributers International, Inc, Ahmed Bhimani, Farid Tursonzadah, Juan Romero Gutierrez, Leslie Roman, Brothers Trading Co., Inc., Shah Distributors, Inc, One Stop Label Corporation A Telephone Conference addressing plaintiffs' motion for a protective order, will be held on 4/4/2014 at 3:15 PM before Magistrate Judge Roanne L. Mann. Plaintiffs' counsel is directed to initiate the call. Ordered by Magistrate Judge Roanne L. Mann on 3/31/2014. (Maynard, Pat)
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Filing 711
ORDER granting #608 Motion to Dismiss; granting #609 Motion to Dismiss. For the reasons stated in the enclosed Memorandum and Order, the Living Essentials Parties motions to dismiss are granted in their entirety, and the Midwest Parties counterclaims against Living Essentials and third-party claims against McCormack are dismissed with prejudice. The Midwest Parties request for leave to amend their pleading an additional time is denied. Accordingly, the Clerk of Court is respectfully directed to dismiss McCormack from this action. Ordered by Judge Kiyo A. Matsumoto on 3/28/2014. (Tsai, Denise) (Main Document 711 replaced on 3/31/2014) (Williams-Jackson, Sandra).
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Filing 710
MOTION to Adjourn Conference (Pre-Motion Conference and Briefing Schedule) by Core-Mark International, Inc.. (Singer, Randi)
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ORDER granting (710) Motion to Adjourn Conference in case 1:12-cv-05354-KAM-RLM: The parties shall write to the court requesting a pre-motion conference or update the court as to the status of their mediation efforts by June 6, 2014. Ordered by Judge Kiyo A. Matsumoto on 3/28/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Tsai, Denise)
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Filing 709
RESPONSE to Motion re #690 Letter MOTION for Protective Order filed by Core-Mark International, Inc.. (Singer, Randi)
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Filing 708
RESPONSE to Motion re #690 Letter MOTION for Protective Order filed by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc.. (Akkashian, Brian)
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Filing 707
RESPONSE in Opposition re #690 Letter MOTION for Protective Order filed by Capital Sales Company, Ltd. (Thome, James)
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Filing 706
RESPONSE to Motion re #690 Letter MOTION for Protective Order filed by Valero Retail Holdings, Inc.. (Attachments: #1 Exhibit A) (Jacobs, Hara)
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Filing 705
RESPONSE in Opposition re #690 Letter MOTION for Protective Order filed by Baseline Distribution, INC, David Flood. (Stern, Steven)
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Filing 704
RESPONSE to Motion re #690 Letter MOTION for Protective Order - 30b6 Notice WITHDRAWN filed by Joseph Sevany, Universal Wholesale, Inc.. (Mattieson, Chiara)
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Filing 703
Letter enclosing Appendix to March 19, 2014 Letter Motion for Protective Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Appendix) (Potter, Geoffrey)
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Filing 702
ENDORSED ORDER granting, on consent #701 Motion for Extension of Time to Answer ; granting #701 Motion for Extension of Time to File Response/Reply re #701 Letter MOTION for Extension of Time to File Answer re #690 Letter MOTION for Protective Order MOTION for Extension of Time to File Response/Reply ( Responses due by 3/27/2014). Ordered by Magistrate Judge Roanne L. Mann on 3/26/2014. (Maynard, Pat)
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Filing 701
Letter MOTION for Extension of Time to File Answer re #690 Letter MOTION for Protective Order , MOTION for Extension of Time to File Response/Reply by Capital Sales Company, Ltd. (Thome, James)
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Filing 700
ENDORSED ORDER granting #699 Motion for Extension of Time to File Response/Reply. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2014. (Maynard, Pat)
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Filing 699
MOTION for Extension of Time to File Response/Reply as to #690 Letter MOTION for Protective Order by Baseline Distribution, INC, David Flood. (Stern, Steven)
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Filing 698
ENDORSED ORDER granting (697) Motion for Extension of Time to File Response/Reply BY 3/27/2014 in case 1:12-cv-05354-KAM-RLM. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2014. Associated Cases: 1:12-cv-05354-KAM-RLM, 1:13-cv-06397-KAM-RLM (Maynard, Pat)
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Filing 697
Letter MOTION for Extension of Time to File Response/Reply as to #690 Letter MOTION for Protective Order by Core-Mark International, Inc.. (Singer, Randi)
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Filing 696
Letter from Anthony J. Viola, Esq. to Judge Mann responds to Plaintiffs' letter motion to: quash certain topics noticed for Plaintiffs' 30(b)(6) deposition and limit Plaintiffs' 30(b)(6) deposition to one a day. by Quality King Distributions, INC (Viola, Anthony)
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Filing 695
ENDORSED ORDER granting #693 Motion for Extension of Time to File Response as to #690 Letter MOTION for Protective Order. Application granted, with plaintiffs' consent. (Movant should have sought plaintiffs' consent, rather than leaving it up to the Court's staff to do so.) Response due by 3/27/2014. Ordered by Magistrate Judge Roanne L. Mann on 3/24/2014. (Bauermeister, Mischa)
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Filing 694
Letter to the Honorable Kiyo Matsumoto addressing Defendants Walid and Raid Jamil's March 21, 2014 Letter by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 693
First MOTION for Extension of Time to File Response/Reply as to #690 Letter MOTION for Protective Order by Valero Retail Holdings, Inc.. (Schindler-Williams, Sarah)
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Filing 692
REPLY in Opposition re #690 Letter MOTION for Protective Order Filed by Purity Wholesale Grocers, Inc., Scott Tilbrook and filed by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 691
Letter to Judge Matsumoto by Raid Jamil, Walid Jamil (Akkashian, Brian)
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Filing 690
Letter MOTION for Protective Order by Innovation Ventures, LLC; Living Essential, LLC; International IP Holdings LLC. (Attachments: #1 Exhibits A-I, #2 Exhibits J1-J15, #3 Exhibits K-P) (Potter, Geoffrey) (Modified)
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Filing 689
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant 7-Eleven Store #32760 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER granting #689 Motion for Judgment Based on Settlement: The consent order of Living Essentials plaintiffs and 7-Eleven Store # 32760 is SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/19/2014. (Tsai, Denise)
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Filing 688
ORDER granting (687) Motion for Extension of Time to Complete Discovery in case 1:12-cv-05354-KAM-RLM. SO-ORDERED as modified. Ordered by Magistrate Judge Roanne L. Mann on 3/14/2014. (Maynard, Pat)
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Filing 687
Consent MOTION for Extension of Time to Complete Discovery by Core-Mark International, Inc.. (Singer, Randi)
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Filing 686
NOTICE of Appearance by Steven Stern on behalf of Baseline Distribution, INC, David Flood (aty to be noticed) (Stern, Steven)
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Filing 685
Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann: in case 1:12-cv-05354-KAM-RLM; denying (553) Motion to Compel; Telephone/Discovery Conference held on 3/13/2014 in case 1:13-cv-06397-KAM-RLM. For all the reasons stated on the record, the Court denies the Dan-Dee defendants' motion to compel, except to the limited extent (see attached Minute Entry). (Maynard, Pat)
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Filing 684
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant 7-Eleven Store #25449C-2422 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 683
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant 7-Eleven Store #11181 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 682
Consent MOTION for Judgment Based on Settlement and Permanent Injunction as to Defendant 7-Eleven Store #11152 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER granting #683 Motion for Judgment Based on Settlement: The consent judgment of the Living Essentials plaintiffs and defendant 7-Eleven Store #11181 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/12/2014. (Tsai, Denise)
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ORDER granting #684 Motion for Judgment Based on Settlement: The consent judgment of the Living Essentials plaintiffs and defendant 7-Eleven Store #25449C-2422 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/12/2014. (Tsai, Denise)
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ORDER granting #682 Motion for Judgment Based on Settlement: The consent order of the Living Essentials plaintiffs and defendant 7-Eleven Store #11152 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/12/2014. (Tsai, Denise)
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ORDER granting #681 Motion for Judgment Based on Settlement: The consent order of Living Essentials plaintiffs and defendant CVS Pharmacy Inc., is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/7/2014. (Tsai, Denise)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Telephonic Pre-Motion Conference held on 3/7/2014. Geoffrey Potter appearing for Living Essentials plaintiffs; David Greeley appearing for Baja Parties; Richard Apkarian appearing for Midwest Parties. Contempt Order: The parties first discussed the Jamil Defendants' failure to deposit funds into the Clerk's Registry as required under the contempt order. Mr. Apkarian, counsel for the Jamil Defendants, shall advise his clients of the need to abide by court orders and file a letter with the court by March 21, 2014 indicating whether his clients have deposited any funds. Motions for Summary Judgment: The court adopted the briefing schedule set forth in the Midwest Parties' letter #677 for the Baja Parties' motions for summary judgment as to the Midwest Parties' cross-claims: (1) The Baja Parties shall serve their motions by May 1, 2014; (2) the Midwest Parties shall serve their responses by May 21, 2014; and (3) the Baja Parties shall serve their reply briefs and file the fully briefed motion papers with the court by June 2, 2014. Counsel for the Baja Parties is respectfully reminded to provide chambers with two courtesy copies of all motion papers. (Tsai, Denise)
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Filing 681
Consent MOTION for Judgment Based on Settlement and Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 680
ORDER granting #654 Motion to Consolidate Cases; granting #673 Motion for Joinder: For the reasons stated in the attached Memorandum and Order, the court orders the consolidation of the cases, Innovation Ventures, et al. v. Ultimate One Distributing Corp., et al. (Docket No. 12-cv-5354), and Innovation Ventures, et al., v. Pittsburg Wholesale Grocers Inc., et al. (Docket No. 13-cv-6397), pursuant to Rule 42(a). Ordered by Judge Kiyo A. Matsumoto on 3/3/2014. (Tsai, Denise)
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Filing 679
Notice of Filing Bankruptcy of Steerforth Trading, Inc. (Attachments: #1 Exhibit A - Notice of Involuntary Bankruptcy Filing, #2 Exhibit B - Order For Relief) (Goldberg, Zachary)
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Filing 678
ANSWER to Complaint (Notice of Removal) , CROSSCLAIM against Steerforth Trading, Inc by All Parties. (Nizin, Leslie)
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ORDER granting #675 Motion for Pre Motion Conference: The Midwest parties and Baja parties shall appear for a telephone pre-motion conference on 3/7/14 at 3:00 pm to discuss the Baja parties' anticipated motion for summary judgment regarding the Midwest parties' first amended cross-claims. Counsel for the Baja parties shall initiate the call and call into chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 2/25/2014. (Tsai, Denise)
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Filing 677
Letter to Judge Matsumoto by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 676
AMENDED ANSWER to #499 Amended Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim,,,,,,,, Amended Answer Of Tradeway Intl, Inc. (D/B/A Baja Exporting), Joe Shayota And Adriana Shayota To First Amended Cross Claims Of Midwest Wholesale Distributors, Inc., Walid Jamil And Justin Shayota by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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ORDER: Any oppositions to the joint request by plaintiff Living Essentials and the Dan-Dee Defendants that the court sua sponte consolidate the two cases, 12-cv-5354 Innovation Ventures et al v. Ultimate One Distributing Corp. et al and 13-cv-6397 Innovation Ventures et al v. Pittsburg Wholesale Grocers Inc. et al, shall be filed in a letter, not exceeding three pages, by 2/24/14. Ordered by Judge Kiyo A. Matsumoto on 2/19/2014. (Tsai, Denise)
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Filing 675
Letter MOTION for pre motion conference by Baja Exporting, LLC, Adriana Shayota, Joseph Shayota. (Attachments: #1 Exhibit Exhibit 1) (Greeley, David)
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Filing 674
Amicus Curiae APPEARANCE entered by David M. Greeley on behalf of Baja Exporting, LLC, Adriana Shayota, Joseph Shayota, Letter Baja Parties' Pre-Conference Letter Brief by on behalf of Baja Exporting, LLC, Adriana Shayota, Joseph Shayota (Attachments: #1 Exhibit Exhibit 1) (Greeley, David)
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Filing 673
Letter MOTION for Joinder to Plaintiffs' Letter Motion to Consolidate Cases by Kevin Attiq, Dan Dee Company,, Fadi Attiq. (Griffin, Maura)
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Filing 672
TRANSCRIPT of Proceedings held on 2/3/14, before Judge Mann. Court Reporter/Transcriber ARIA SERVICES, INC., Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/6/2014. Redacted Transcript Deadline set for 3/17/2014. Release of Transcript Restriction set for 5/14/2014. (Hong, Loan)
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ORDER granting #671 Motion to Amend/Correct/Supplement. The parties' joint stipulation to file an amended answer is SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 2/12/2014. (Tsai, Denise)
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Filing 671
MOTION to Amend/Correct/Supplement Stipulation and Order re Midwest Parties Consenting to Baja Parties Amending Answer by Baja Exporting, LLC, Adriana Shayota, Joseph Shayota. (Greeley, David)
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Filing 670
Minute Order for Telephone Conference held before Magistrate Judge Roanne L. Mann on 2/3/2014, granting in part and denying in part #658 Motion for Protective Order. For the reasons stated on the record, the Court denies in substantial part plaintiffs' motion for a protective order (DE #658) except to the limited extent described by the Court in the attached Minute Order. Plaintiffs' motion for an order directing that plaintiffs' Rule 30(b)(6) depositions be conducted in Detroit, over the objection of some defendants, is denied. See attached Minute Order for additional details. (Williams, Jennifer)
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Filing 669
NOTICE of Appearance by Aaron Thomas Duff on behalf of JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (aty to be noticed) (Duff, Aaron)
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ORDER granting #668 Motion for Extension of Time to File: the parties shall write to the court requesting a pre-motion conference or update the court as to the status of their mediation efforts by March 31, 2014. Ordered by Judge Kiyo A. Matsumoto on 1/29/2014. (Keefe, Reed)
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Filing 668
MOTION for Extension of Time to File request for pre-motion conference and briefing schedule regarding proposed motion to dismiss by Core-Mark International, Inc.. (Singer, Randi)
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ORDER re #657 Response to Discovery filed by Top Choice Trading USA, Inc. Discovery demands and responses should not be routinely filed with the Court. See Fed. R. Civ. P. 5(d)(1). Ordered by Magistrate Judge Roanne L. Mann on 1/23/2014. (Maynard, Pat)
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Filing 667
ENDORSED ORDER re #663 Letter filed by David Flood, Baseline Distribution, INC. Once a stipulation of substitution is filed, the Gottlieb Rackman law firm and attorney Peikes will be removed from the docket. Ordered by Magistrate Judge Roanne L. Mann on 1/22/2014. (Maynard, Pat)
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Filing 666
RESPONSE in Opposition re #658 Letter MOTION for Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to QKD's efforts to reopen the deposition of Living Essentials pursuant to Fed.R.Civ.P. 30(b)(6) with Exhibits filed by Joseph Sevany, Universal Wholesale, Inc.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Mattieson, Chiara)
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Filing 665
RESPONSE in Opposition re #658 Letter MOTION for Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to QKD's efforts to reopen the deposition of Living Essentials pursuant to Fed.R.Civ.P. 30(b)(6) filed by Quality King Distributions, INC. (Viola, Anthony)
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Filing 664
RESPONSE in Opposition re #658 Letter MOTION for Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to QKD's efforts to reopen the deposition of Living Essentials pursuant to Fed.R.Civ.P. 30(b)(6) filed by Core-Mark International, Inc.. (Singer, Randi)
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Filing 663
Letter Requesting Removal as An Attorney of Record, and Removal from ECF Notices by Baseline Distribution, INC, David Flood (Peikes, Ariel)
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Filing 662
Letter to Judge Mann by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 661
RESPONSE in Opposition re #658 Letter MOTION for Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to QKD's efforts to reopen the deposition of Living Essentials pursuant to Fed.R.Civ.P. 30(b)(6) filed by Capital Sales Company, Ltd. (Thome, James)
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Filing 660
Letter to Hon. Roanne L. Mann by Valero Retail Holdings, Inc. (Attachments: #1 Valero Notice of Deposition to Plaintiffs Pursuant to Rule 30(b)(6)) (Jacobs, Hara)
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Filing 659
ENDORSED ORDER re #658 Letter MOTION for Protective Order. Any defendant seeking to reopen the Rule 30(b)(6) deposition of Living Essentials shall file its letter-response on January 21, 2014. (Living Essentials shall deliver to Chambers by that same deadline a courtesy copy of its motion and attachments.). Ordered by Magistrate Judge Roanne L. Mann on 1/17/2014. (Williams, Jennifer)
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Filing 658
Letter MOTION for Protective Order pursuant to Fed.R.Civ.P. 26(c) with respect to QKD's efforts to reopen the deposition of Living Essentials pursuant to Fed.R.Civ.P. 30(b)(6) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Potter, Geoffrey)
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Filing 657
RESPONSE to Discovery Request from Innovation Ventures, LLC, et al. by Top Choice Trading USA, Inc. (Nizin, Leslie)
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ORDER granting #656 Motion for Extension of Time to Complete Discovery. Ordered by Magistrate Judge Roanne L. Mann on 1/16/2014. (Maynard, Pat)
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Filing 656
Consent MOTION for Extension of Time to Complete Discovery by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 655
TRANSCRIPT of Proceedings held on December 17, 2013, before Judge Mann. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2014. Redacted Transcript Deadline set for 2/14/2014. Release of Transcript Restriction set for 4/14/2014. (Rocco, Christine)
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Filing 654
Letter MOTION to Consolidate Cases , or in the Alternative, Requesting Pre-Motion Conference Regarding Motion to Consolidate by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 653
ORDER re #652 Stipulation filed by Tradeway International, Inc., Joseph Shayota, Adriana Shayota, Midwest Wholesale Distributers. SO-ORDERED with modification. The schedule previously so-ordered by this Court otherwise remains unchanged. Ordered by Magistrate Judge Roanne L. Mann on 1/10/2014. (Maynard, Pat)
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Filing 652
STIPULATION and Proposed Order Re: Non-Opposition to Deposition of Joseph and Adriana Shayota after Discovery Cut-off by Midwest Wholesale Distributers, Adriana Shayota, Joseph Shayota, Tradeway International, Inc. (Greeley, David)
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Filing 651
NOTICE of Change of Firm Name, Address, Email by Richard S. Schurin (Schurin, Richard)
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Filing 650
ANSWER to #392 Answer to Crossclaim, Third Party Complaint,, Counterclaim,,,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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Filing 649
ANSWER to #350 Answer to Complaint, Crossclaim by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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Filing 648
ANSWER to #352 Answer to Complaint, Crossclaim,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc.. (Greeley, David)
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Filing 647
Minute Order. for proceedings held before Magistrate Judge Roanne L. Mann:granting in part and denying in part #646 Motion to Compel; Telephone/Discover Conference held on 12/17/2013. The Court grants in part and denies in part defendant QKD's discovery motion, DE #646. The Court will allow QKD and the other defendants to conduct a Rule 30(b)(6) deposition or depositions of plaintiff's designee(s), despite the earlier Rule 30(b)(6) deposition conducted in conjunction with the N.D. California case. The Court will not, however, allow duplicative inquiries. Defense counsel are directed to coordinate their efforts and to confer with plaintiff's counsel regarding scheduling. For the reasons stated on the record, QKD's motion to compel disclosure of plaintiffs' settlement agreements with other defendants is denied without prejudice, with leave to renew the motion in the event a verdict is entered against QKD. (Maynard, Pat) Modified to correct date conference held on 2/4/2014 (Maynard, Pat).
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Filing 646
Letter MOTION to Compel Plaintiffs to produce (i) a 30(b)(6) designee, and (ii) all of Plaintiffs' settlement agreements in this action by Quality King Distributions, INC. (Viola, Anthony)
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Filing 645
CONSENT JUDGMENT AND PERMANENT INJUNCTION between Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC and Defendants Joseph Shayota, Adriana Shayota, and Tradeway International, Inc. d/b/a Baja Exporting. Ordered by Judge Kiyo A. Matsumoto on 12/4/2013. (Brucella, Michelle)
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Filing 644
CONSENT JUDGMENT AND PERMANENT INJUNCTION between Plaintiffs Innovation Ventures, LLC, Living Essentials, LLC, and International IP Holdings, LLC and Defendants MCR Innovations and Packaging, Inc.; MCR Printing and Packaging Corp.; Naftaunited.com; Camilo Ramirez; and Mario Ramirez. Ordered by Judge Kiyo A. Matsumoto on 12/4/2013. (Brucella, Michelle)
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ORDER terminating #619 Motion to Dismiss for Lack of Jurisdiction; granting #640 Motion to Withdraw: in light of the parties' consent judgment (ECF No. 645) and for the reasons stated in the motion to withdraw the motion to dismiss (ECF No. 640), the motion to dismiss is terminated as moot. Ordered by Judge Kiyo A. Matsumoto on 12/6/2013. (Keefe, Reed)
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Filing 643
Letter to Judge Matsumoto responding to Plaintiffs' letter to the Court dated November 11, 2013 by Raid Jamil (Attachments: #1 Exhibit Bank Statement) (Akkashian, Brian)
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Filing 642
ORDER re #641 Notice of Consent to Change Attorney: So Ordered. Ordered by Magistrate Judge Roanne L. Mann on 11/20/2013. (Brucella, Michelle)
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Filing 641
NOTICE of Consent to Change Attorney by William A. Markham (Attachments: #1 Certificate of Service Proof of Service) (Markham, William)
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Filing 640
Letter MOTION to Withdraw #619 MOTION to Dismiss for Lack of Jurisdiction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 639
Consent MOTION for Judgment Based on Settlement and Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 638
Letter re: Raid Jamil Mortgage by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A) (Potter, Geoffrey)
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Filing 637
Consent MOTION for Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 636
STIPULATION by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 635
Letter to Court in response to Plaintiffs' letter of October 25, 2013 [Docket #632] by Baja Exporting, LLC, Adriana Shayota, Joseph Shayota (Vega, Gregory)
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ORDER granting #634 Motion for Extension of Time to File. The parties shall file an updated status report on January 31, 2014 regarding the status of settlement discussions and whether Core-Mark intends to proceed with a motion to dismiss. Ordered by Judge Kiyo A. Matsumoto on 11/1/2013. (Keefe, Reed)
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Filing 634
MOTION for Extension of Time to File (Pre-motion conference and Briefing schedule regarding proposed motion to dismiss) by Core-Mark International, Inc.. (Singer, Randi)
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Filing 633
Letter to Judge Matsumoto by Walid Jamil (Akkashian, Brian)
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Filing 632
Letter informing the Court of a recent decision relevant to the Baja Defendants' pending motion to dismiss and/or transfer for lack of personal jurisdiction and/or improper venue by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 631
Letter informing the Court of additional evidence that Living Essentials has discovered that strongly suggests Defendant Walid Jamil continues to openly flout this Court's asset freeze and contempt orders by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A) (Potter, Geoffrey)
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Filing 630
Letter in Response to Plaintiffs' 9-13-13 Letter to the Court by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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ORDER granting #629 Motion for Judgment Based on Settlement: Upon the consent of plaintiffs and defendants Delta Distribution Services Corp., Empire Trade Wholesale Corp., and Sulaiman S. Aamir (collectively, the "Delta Defendants"), Proposed Consent Judgment and Permanent Injunction #629 is hereby SO ORDERED. The Clerk of the Court is respectfully directed to terminate the Delta Defendants from this case. Ordered by Judge Kiyo A. Matsumoto on 9/19/2013. (Beauchamp, Peter)
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Filing 629
Consent MOTION for Judgment Based on Settlement and Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 628
Letter to the Hon. Kiyo A. Matsumoto re: Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 627
MOTION to Seal Document #625 Memorandum in Opposition, #626 Affidavit in Opposition to Motion by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Memorandum in Opposition (unredacted), #4 Declaration of Geoffrey Potter, #5 Exhibits 1-34 (unredacted), #6 Certificate of Service) (Potter, Geoffrey)
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Filing 626
AFFIDAVIT/DECLARATION in Opposition re #619 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibits 1-34, #2 Certificate of Service) (Potter, Geoffrey)
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Filing 625
MEMORANDUM in Opposition re #619 MOTION to Dismiss for Lack of Jurisdiction filed by All Plaintiffs. (Attachments: #1 Certificate of Service) (Potter, Geoffrey)
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Filing 624
MOTION for Extension of Time to File (Pre motion conference and Briefing schedule regarding proposed motion to dismiss) by Core-Mark International, Inc.. (Singer, Randi)
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Filing 623
Letter to the Court re: Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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Filing 622
Letter to All Counsel with moving papers re Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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ORDER granting #620 Motion for Leave to Electronically File Documents under Seal: Pursuant to Stipulated Productive Order #557 -1 so ordered by Magistrate Judge Mann on May 6, 2013, counsel for the Baja Defendants is hereby permitted to file documents #620 1-27 under seal. Ordered by Judge Kiyo A. Matsumoto on 9/13/2013. (Beauchamp, Peter)
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ORDER granting #624 Motion for Extension of Time to File: For the reasons discussed in letter motion #624 , plaintiffs and defendant Core-Mark are directed to file a letter further advising the court on the status of settlement negotiations no later than October 31, 2013. Ordered by Judge Kiyo A. Matsumoto on 9/13/2013. (Beauchamp, Peter)
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ORDER granting #627 Motion to Seal Documents: Pursuant to Stipulated Productive Order #557 -1 so ordered by Magistrate Judge Mann on May 6, 2013, counsel for plaintiffs is hereby permitted to file documents #627 1-6 under seal. Ordered by Judge Kiyo A. Matsumoto on 9/13/2013. (Beauchamp, Peter)
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Filing 621
REPLY in Support re #619 MOTION to Dismiss for Lack of Jurisdiction filed by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Certificate of Service) (Greeley, David)
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Filing 620
EXHIBITS in connection with #619 Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit) (Greeley, David) Modified descriptive text on 9/13/2013 (Lee, Tiffeny).
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Filing 619
MOTION to Dismiss for Lack of Jurisdiction by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration Exhibit 1 Sealed, #4 Declaration Exhibits 1-6 Sealed, #5 Declaration, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Notice of Related Case Designation, #34 Certificate of Service) (Greeley, David)
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Filing 618
Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Telephone/Discovery Conference held on 9/11/2013. For the reasons stated on the record during the deposition of San Haddad (President of Capital Sales), the Court overrules the defense objection to a line of inquiry, with the understanding that the Court is ruling on discoverability, not admissibility. The Court will allow a brief examination on the issue, subject to the previously entered Confidentiality Order. (Maynard, Pat)
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Filing 617
TRANSCRIPT of Proceedings held on May 7, 2013, before Judge Matsumoto. Court Transcriber: TypeWrite Word Processing Service, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2013. Redacted Transcript Deadline set for 9/30/2013. Release of Transcript Restriction set for 11/28/2013. (Rocco, Christine)
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ORDER granting #616 Motion for Judgment Based on Settlement: Upon the consent of plaintiffs and defendant Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Proposed Consent Order #616 is hereby SO ORDERED. The Clerk of the Court is respectfully directed to terminate defendant Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers from this case. Ordered by Judge Kiyo A. Matsumoto on 8/27/2013. (Beauchamp, Peter)
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Filing 616
Consent MOTION for Judgment Based on Settlement by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 615
NOTICE of Voluntary Dismissal by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers of its cross-claims against Tradeway International, Inc. d/b/a Baja Exporting Inc., Joseph Shayota and Adriana Shayota (Attachments: #1 Affidavit Service by Email, #2 Affidavit Service by Mail) (Trussell, Jacquelyn)
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Filing 614
NOTICE of Appearance by Michelle Waller Cohen on behalf of Robert McCormack (aty to be noticed) (Cohen, Michelle)
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Filing 613
NOTICE of Appearance by Geoffrey Potter on behalf of Robert McCormack (notification declined or already on case) (Potter, Geoffrey)
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Filing 612
RESPONSE in Opposition re #609 MOTION to Dismiss Third-Party Claims of Midwest Defendants, #608 MOTION to Dismiss Counterclaims in First Amended Answer (Dkt. 499) of Midwest Defendants filed by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota. (Apkarian, Richard)
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Filing 611
REPLY in Support re #609 MOTION to Dismiss Third-Party Claims of Midwest Defendants, #608 MOTION to Dismiss Counterclaims in First Amended Answer (Dkt. 499) of Midwest Defendants filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC, Robert McCormack. (Potter, Geoffrey)
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Filing 610
MEMORANDUM in Support re #609 MOTION to Dismiss Third-Party Claims of Midwest Defendants, #608 MOTION to Dismiss Counterclaims in First Amended Answer (Dkt. 499) of Midwest Defendants filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC, Robert McCormack. (Potter, Geoffrey)
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Filing 609
MOTION to Dismiss Third-Party Claims of Midwest Defendants by Robert McCormack. (Potter, Geoffrey)
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Filing 608
MOTION to Dismiss Counterclaims in First Amended Answer (Dkt. 499) of Midwest Defendants by Living Essential, LLC. (Potter, Geoffrey)
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Filing 607
Letter pursuant to Court's Chamber Practice IV(C)(1) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC, Robert McCormack (Potter, Geoffrey)
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Filing 606
NOTICE by Dan-Dee Company, Inc. Notice of Related State Decision (Attachments: #1 Exhibit, #2 Certificate of Service) (Elia, Steven)
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Filing 605
MEMORANDUM AND ORDER re: Contempt Order of May 7, 2013: For the reasons discussed in the attached Memorandum and Order, the court hereby reinstates and modifies its May 7, 2013, contempt ruling as follows: (1) The Jamil Defendants are ordered to deposit into an interest-bearing account in the Clerk's Registry of the United States District Court for the Eastern District of New York $400,000 by August 16, 2013. In the event that the Jamil Defendants fail to deposit this amount into the Clerk's Registry by this date, a per diem fine of $300 shall be imposed against the Jamil Defendants jointly and severally until the full $400,000 has been received and verified by the Clerk's Office. Instructions for depositing funds into the Clerk's Registry by wire transfer are attached to this order. (2) The court's December 11, 2012, preliminary injunction is amended to allow for the payment of reasonable living expenses in the amount of $2,760 per month by Walid Jamil, and $4,150 per month by Raid Jamil. (3) Plaintiffs' request for the court to appoint a receiver to take charge of Charter's finances is denied without prejudice. Ordered by Judge Kiyo A. Matsumoto on 8/1/2013. (Beauchamp, Peter)
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Filing 604
ORDER In view of the fact that the above two cases have been consolidated, the parties in the later-filed action are directed to comply with the schedule set by the Court in the earlier-filed action, except that initial disclosures must be completed by August 9, 2013. See Scheduling Order (Mar. 11, 2013), Electronic Case Filing Docket Entry (DE) #452 in 12-CV-5354. To the extent that Judge Azrack's Minute Entry of July 25, 2013, DE #25 in 13-CV-3542, is inconsistent with the aforesaid March 11th schedule, it is hereby vacated. Ordered by Magistrate Judge Roanne L. Mann on 8/1/2013. (Maynard, Pat)
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Filing 603
STIPULATION enlarging the time to file opposition and reply papers with respect to the Baja Defendants' June 26, 2013 motion by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION enlarging the time to file opposition and reply papers with respect to the Baja Defendants' June 26, 2013 motion is hereby SO ORDERED. Accordingly, the deadline for plaintiffs' opposition to the Baja Defendants' pending motion to dismiss for lack of personal jurisdiction and improper venue shall be extended until and including August 22, 2013; and the deadline for the Baja Defendants to reply in further support of that motion shall be extended until and including September 12, 2013, on which date the fully briefed motion is to be filed via ECF. Ordered by Judge Kiyo A. Matsumoto on 7/26/2013. (Beauchamp, Peter)
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Filing 602
SUGGESTION OF BANKRUPTCY Upon the Record as to Leslie Roman, Donna Roman, and Flexopack by Flexopack, Donna Roman, Leslie Roman (Zuiderweg, Gordon)
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Filing 601
Consent MOTION for Judgment Based on Settlement and Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER granting #601 Motion for Judgment and Permanent Injunction Based on Settlement: Upon the consent of plaintiffs and defendants Flexopack, Leslie Roman, and Donna Roman, Proposed Consent Judgment and Permanent Injunction #601 is hereby SO ORDERED. The Clerk of the Court is respectfully directed to terminate defendants Flexopack, Leslie Roman, and Donna Roman from this case. Ordered by Judge Kiyo A. Matsumoto on 7/23/2013. (Beauchamp, Peter)
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Filing 600
Letter Regarding Related Case by Capital Sales Company, Ltd (Thome, James)
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Filing 599
RESPONSE to Discovery Request by Shah Distributors, Inc. (Davis, Brian)
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ORDER re #599 Response to Discovery filed by Shah Distributors, Inc. Discovery demands and responses should not be routinely filed with the Court. See Fed. R. Civ. P. 5(d)(1). Ordered by Magistrate Judge Roanne L. Mann on 7/12/2013. (Maynard, Pat)
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Filing 598
ORDER granting #596 Motion for Leave to Appear Pro Hac Vice as to Ira M. Siegel. Ordered by Magistrate Judge Roanne L. Mann on 7/2/2013. (Brucella, Michelle)
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Filing 597
STIPULATION of Dismissal of Certain Claims against Defendant Core-Mark International, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION of Dismissal #597 of Claims Three, Nine, and Eleven against Defendant Core-Mark International, Inc. by plaintiffs without prejudice is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 7/2/2013. (Beauchamp, Peter)
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Filing 596
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6290756. by One Stop Label Corporation. (Attachments: #1 Declaration of Ira M. Siegel, #2 Supplement Certificate of Good Standing, #3 Proposed Order) (Siegel, Ira)
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Filing 595
ANSWER to #580 Crossclaim of Elegant Trading and Ahmed Bhimani by Kevin Attiq. (Attachments: #1 Certificate of Service) (Elia, Steven)
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Filing 594
ANSWER to Complaint (Seventh Amended) by Valero Retail Holdings, Inc.. (Jacobs, Hara)
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Filing 593
Dan-Dee Inc.'s ANSWER to #580 Crossclaim of Elegant Trading, Inc. and Ahmed Bhimani by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Certificate of Service) (Khan, Rashida)
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Filing 592
Corporate Disclosure Statement by Valero Retail Holdings, Inc. (Jacobs, Hara)
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ORDER re. Letter regarding request for a pre-motion conference #590 : Pursuant to letter #590 , the court hereby postpones ordering a pre-motion conference or setting a briefing schedule with respect to defendant Core-Mark's proposed motion to dismiss until September 16, 2013, unless otherwise notified in advance of that date by the parties. Ordered by Judge Kiyo A. Matsumoto on 6/24/2013. (Beauchamp, Peter)
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Filing 591
ORDER granting #588 Motion for Leave to Appear Pro Hac Vice as to David H. Lichtenstein. Ordered by Magistrate Judge Roanne L. Mann on 6/20/2013. (Brucella, Michelle)
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Filing 590
Letter regarding request for a pre-motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 589
Letter in response to Defendant Core-Mark International, Inc.'s June 14, 2013 letter requesting a pre-motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 588
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6269036. by Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit in Support of Motion to Admit Counsel Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order, #4 Certificate of Service) (Lichtenstein, David)
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STIPULATION AND ORDER. STIPULATION of Dismissal #587 of Crossclaims by Leslie Roman and Flexopack Against Mario Ramirez With Prejudice is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 6/19/13. (Tolentino, Raymond)
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Filing 587
STIPULATION of Dismissal of Cross-Claims filed by Defendants Leslie Roman and Flexopack by Mario Ramirez (DiMuro, Daniel)
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Filing 586
ANSWER to Complaint Answer to 7th Amended Complaint by David K Lee, Moa Trading, Inc. (Ko, John)
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Filing 585
NOTICE of Appearance by John Ko on behalf of David K Lee, Moa Trading, Inc (notification declined or already on case) (Ko, John)
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Filing 584
Letter Requesting a Pre-Motion Conference by Core-Mark International, Inc. (Singer, Randi)
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Filing 583
ORDER granting #581 Motion for Extension of Time to Answer. Valero Retail Holdings, Inc. answer due is extended to 6/24/2013. Ordered by Magistrate Judge Roanne L. Mann on 6/14/2013. (Maynard, Pat)
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Filing 582
NOTICE of Appearance by Adam Blumenkrantz on behalf of Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (aty to be noticed) (Blumenkrantz, Adam)
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Filing 581
Fifth MOTION for Extension of Time to File Answer to Plaintiffs' Seventh Amended Complaint by Valero Retail Holdings, Inc.. (Jacobs, Hara)
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Filing 580
CROSSCLAIM OF DEFENDANTS ELEGANT TRADING, INC. AND AHMED BHIMANI against Kevin Attiq, Dan Dee Company,, filed by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 579
ORDER granting, on consent [578-1] Motion for Leave to File. Ordered by Magistrate Judge Roanne L. Mann on 6/6/2013. (Maynard, Pat)
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Filing 578
Letter MOTION for Leave to File CROSS-CLAIMS OF DEFENDANTS ELEGANT TRADING, INC. AND AHMED BHIMANI AGAINST THE DAN-DEE COMPANY, INC. AND KEVIN ATTIQ by Ahmed Bhimani, Elegant Trading, Inc. (Attachments: #1 CROSS-CLAIMS OF DEFENDANTS ELEGANT TRADING, INC. AND AHMED BHIMANI AGAINST THE DAN-DEE COMPANY, INC. AND KEVIN ATTIQ) (Jensen, J.)
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Filing 577
Letter to Judge in Response to Docket Entries 567 and 570 by Raid Jamil, Walid Jamil (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Akkashian, Brian)
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ORDER granting #576 Motion for Extension of Time to File Response/Reply. Ordered by Magistrate Judge Roanne L. Mann on 5/31/2013. (Maynard, Pat)
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Filing 576
Joint MOTION for Extension of Time to File Response/Reply to Cross-Claims by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 575
ENDORSED ORDER granting #573 Motion for extension of time to finalize and file stipulation. Ordered by Magistrate Judge Roanne L. Mann on 5/30/2013. (Maynard, Pat)
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Filing 574
NOTICE of Appearance by William A. Markham on behalf of Dan-Dee Company, Inc. (aty to be noticed) (Markham, William)
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STIPULATION AND ORDER: STIPULATION of Dismissal #572 of Crossclaims by Richmond Wholesale Company Inc. and Saquib Khan Against Capital Sales Company Without Prejudice is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 5/29/2013. (Beauchamp, Peter)
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Filing 573
MOTION for pre motion conference re #350 Answer to Complaint, Crossclaim and Request for Extension of Time to File Stipulation by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 572
STIPULATION of Dismissal of Crossclaims by Richmond Wholesale Company Inc. and Saquib Khan Against Capital Sales Company Without Prejudice by Capital Sales Company, Ltd (Thome, James)
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ORDER: The Jamil Defendants are hereby permitted to file a reply to plaintiffs' letters #567 and #570 no later than 5:00 PM EST on 5/31/13. Ordered by Judge Kiyo A. Matsumoto on 5/28/2013. (Beauchamp, Peter)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre-Motion Conference held on 5/28/2013. Appearances: Geoffrey Potter and Jonah Knobler for plaintiffs and third-party defendant Robert McCormack; Brian Akkashian for the Midwest Defendants. The court approved the following briefing schedule for plaintiffs' and Mr. McCormack's motions to dismiss the Midwest Defendants' claims and counterclaims: motions to be served by 6/28/13; oppositions to be served by 7/29/13; replies to be served and the fully briefed motions to be filed via ECF by 8/12/13. Counsel may, at their discretion, combine the motions to dismiss of plaintiffs and Mr. McCormack. The parties are reminded that two courtesy copies of all motion papers must be sent to chambers at the time the fully briefed motions are filed via ECF. (Beauchamp, Peter)
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ORDER granting #571 Motion for Extension of Time to Answer. So Ordered by Magistrate Judge Roanne L. Mann on 5/24/2013. (Powers, Emily)
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Filing 571
Joint MOTION for Extension of Time to File Answer re #291 Amended Complaint, and Proposed Briefing Schedule by Baja Exporting, LLC, Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 570
Letter to Judge Matsumoto enclosing additional evidence of the Jamil Defendants' ongoing violations of the Court's orders by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Potter, Geoffrey)
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Filing 569
NOTICE of Appearance by Dorn G. Bishop on behalf of Dan Dee Company, (aty to be noticed) (Attachments: #1 Certificate of Service) (Bishop, Dorn)
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Filing 568
NOTICE of Appearance by Rashida A. Khan on behalf of Dan Dee Company,, Dan-Dee Company, Inc. (notification declined or already on case) (Attachments: #1 Certificate of Service) (Khan, Rashida)
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Filing 567
Letter in Response to the Jamil Defendant's May 15, 2013 Letter and the Courts Unnumbered Minute Order dated May 15, 2013 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T) (Potter, Geoffrey)
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ORDER granting #566 Motion for Preliminary Injunction: Plaintiffs' and defendant CVS' Motion for Preliminary Injunction is hereby GRANTED. Ordered by Judge Kiyo A. Matsumoto on 5/17/2013. (Beauchamp, Peter)
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Filing 566
Consent MOTION for Preliminary Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 565
Letter to Judge Regarding Contempt Ruling by Raid Jamil, Walid Jamil (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit) (Akkashian, Brian)
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ORDER re #565 Letter to Judge Regarding Contempt Ruling by Raid Jamil, Walid Jamil: Having timely received documentation in support of the Jamil Defendants' claim that an amount less than $1,000,000 should be ordered held in escrow, the court hereby stays the imposition of a per diem fine of $1,500 pending further order of the court. Plaintiffs are permitted, but not required, to file a response to the Jamil Defendants' submissions no later than Friday, 5/17/13. Ordered by Judge Kiyo A. Matsumoto on 5/15/2013. (Beauchamp, Peter)
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ORDER: Upon review of the Baja Defendants' Letter to the court requesting a pre-motion conference #558 , as well as the opposition thereto of plaintiffs #561 and defendants Purity Wholesale Grocers, Inc., Scott Tilbrook, and Food Distributors International, Inc. #563 , the court elects to treat the Baja Defendants' letter request and the opposition thereto as a fully briefed motion to stay this action. In weighing the Baja defendants' motion to stay this civil action pending resolution of a related criminal action, this court has considered the following six-factor balancing test: (1) the extent to which the issues in the criminal case overlap with those presented in the civil case; (2) the status of the case, including whether the defendants have been indicted; (3) the private interests of the plaintiffs in proceeding expeditiously weighed against the prejudice to plaintiffs caused by the delay; (4) the private interests of and burden on the defendants; (5) the interests of the courts; and (6) the public interest. Louis Vuitton Malletier S.A. v. LY USA, Inc., 676 F.3d 83, 99 (2d Cir. 2012). Having considered these factors, including the fact that the scope of the asserted criminal investigation by the United States Attorney for the Northern District of California is as yet unknown, that neither the Baja Defendants nor any other defendant in this or the Northern District of California action has been indicted or received target letters, and the interest of plaintiffs and cross-claimants in resolving this action expeditiously, the court hereby denies the Baja Defendants' motion for a stay, without prejudice to renew at a later juncture. Individually named defendants remain free to invoke their Fifth Amendment privilege against self-incrimination during discovery at their discretion. Ordered by Judge Kiyo A. Matsumoto on 5/10/2013. (Beauchamp, Peter)
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Filing 564
ANSWER to Complaint Answer to 7th Amended Complaint with Affirmative Defenses and Jury Demand by Capital Sales Company, Ltd. (Thome, James)
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Filing 563
Letter In Oppositon To Baja's Request For An Immediate Stay Of This Action filed by Purity Wholesale Grocers, Inc., Scott Tilbrook and by Food Distributers International, Inc (Saperstein, Martin)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Motion Hearing / Oral Argument held on 5/7/2013 re #525 MOTION for Contempt filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Appearances: Geoffrey Potter and Tom Kurland for plaintiffs; Brian Akkashian for defendants Walid Jamil and Raid Jamil (the "Jamil Defendants"), who also appeared. The court heard oral argument on plaintiffs' motion for contempt #525 . For the reasons discussed on the record, plaintiffs' motion for contempt against the Jamil Defendants is granted. The Jamil Defendants are ordered to deposit into an interest-bearing account in the Clerk's Registry of the United States District Court for the Eastern District of New York $1,000,000 by 5/15/13. In the event that the Jamil Defendants fail to deposit this amount into the Clerk's Registry by 5/15/13, a per diem fine of $1,500 shall be levied against the Jamil Defendants until the full $1,000,000 has been received and verified by the Clerk's Office. Prior to 5/15/13, the Jamil Defendants are permitted to present to the court, along with plaintiffs' counsel, documentation that supports the Walid Defendants' claim that a lesser amount should be ordered held in escrow. (FTR Tape #5:14:40--6:20:45.) (Beauchamp, Peter)
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ORDER re. Letter to Court requesting Pre-motion conference by Baja Exporting, LLC #558 : The Baja Defendants' prospective motion to stay this action is currently under consideration by the court. Discovery shall proceed as previously planned absent further order of the court. Ordered by Judge Kiyo A. Matsumoto on 5/8/2013. (Beauchamp, Peter)
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ORDER: Any additional parties that wish to oppose the Baja Defendants' Letter to Court requesting Pre-motion conference #558 must do so by tomorrow, 5/9/13. Ordered by Judge Kiyo A. Matsumoto on 5/8/2013. (Beauchamp, Peter)
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Filing 562
Letter (See Doc #561) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit B - Confidential, #2 Exhibit C - Confidential) (Potter, Geoffrey)
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Filing 561
Letter in response to Baja's request for an immediate stay of this action (Doc #558) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Potter, Geoffrey)
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Filing 560
ANSWER to #535 Crossclaim of Food Distributors International, Inc. and Scott Tilbrook by Kevin Attiq. (Attachments: #1 Certificate of Service) (Elia, Steven)
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Filing 559
Letter to Judge responding to Cross Defendant Leslie Roman's Request for a Pre-Motion Conference by JT Wholesale, Inc, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Akkashian, Brian)
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Filing 558
Letter to Court requesting Pre-motion conference by Baja Exporting, LLC (Maffeo, J.)
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SCHEDULING ORDER: A telephone pre-motion conference regarding third-party defendant Robert McCormack's prospective motion to dismiss #547 is hereby scheduled to coincide with the telephone pre-motion conference previously scheduled for 5/28/13 at 10:00 AM. Plaintiffs'/third-party defendant's counsel is directed to initiate the call with counsel for the Midwest Defendants and then dial into chambers at (718) 613-2180. Ordered by Judge Kiyo A. Matsumoto on 5/6/2013. (Beauchamp, Peter)
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SO ORDERED granting as proposed #557 Motion for Protective Order ( [557-1] Stipulated Protective Order and [557-3] Order for Access to Disclosure or Discovery Material). Ordered by Magistrate Judge Roanne L. Mann on 5/6/2013.(Williams, Jennifer)
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Filing 557
Letter MOTION for Protective Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Proposed Stipulated Protective Order, #2 Redline Proposed Stipulated Protective Order, #3 Proposed Order for Access to Disclosure or Discovery Material, #4 Redline Proposed Order for Access to Disclosure or Discovery Material) (Potter, Geoffrey)
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Filing 556
The Dandee Company Inc.'s ANSWER to #535 Crossclaim of Food Distributor's Int'l and Scott Tilbrook by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Certificate of Service) (Khan, Rashida)
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Filing 555
Letter to Judge Regarding Response to Third-Party Defendant Robert McCormack's Request for a Pre-Motion Conference regarding Motion to Dismiss Amended Third-Party Complaint by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Akkashian, Brian)
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Filing 554
ORDER granting #553 Motion for Extension of Time to Answer. Valero Retail Holdings, Inc. answer due is extended to 6/14/2013. Ordered by Magistrate Judge Roanne L. Mann on 5/3/2013. (Maynard, Pat)
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Filing 553
Fourth MOTION for Extension of Time to File Answer to Plaintiffs' Seventh Amended Complaint by Valero Retail Holdings, Inc.. (Jacobs, Hara)
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Filing 552
Letter To Judge Matsumoto Requesting Pre-Motion Conference Re Motion To Dismiss by Flexopack, Donna Roman, Leslie Roman (Zuiderweg, Gordon)
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Filing 551
ORDER re #541 Letter MOTION for Protective Order and Access to Disclosure or Discovery Material filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. The Court has reviewed the revised Proposed Protective Order and Order for Access filed by plaintiffs on April 29, 2013. Although no defendant has objected to any of the revisions, the Court is unclear as to the proposed procedures contemplated for the handling of materials seized by law enforcement or plaintiffs and their agents. Plaintiffs are directed to clarify the intent of the proposed orders, by May 3, 2013. So Ordered by Magistrate Judge Roanne L. Mann on 5/1/2013. (Powers, Emily)
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Filing 550
Letter to Magistrate Judge Mann by Capital Sales Company, Ltd (Thome, James)
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SCHEDULING ORDER: Due to a change in the court's trial calendar, the oral argument between plaintiffs and the Walid Defendants on plaintiffs' motion for contempt #525 previously scheduled for 5/7/13 at 4:30 PM is hereby rescheduled for the same date at 5:00 PM. Ordered by Judge Kiyo A. Matsumoto on 5/1/2013. (Beauchamp, Peter)
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Filing 549
AFFIDAVIT/DECLARATION in Support re #525 MOTION for Contempt filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Potter, Geoffrey)
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Filing 548
REPLY to Response to Motion re #525 MOTION for Contempt filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 547
Letter to Judge Matsumoto Requesting Pre-Motion Conference re: Motion to Dismiss Midwest Defendants Third-Party Claims Against Robert McCormack by Robert McCormack (Potter, Geoffrey)
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Filing 546
ORDER granting #544 Motion for Extension of Time to Answer. Answer by Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota to Amended Cross-Claim filed by Food Distributors International, Inc. and Scott Tilbrook due by 5/28/2013. So Ordered by Magistrate Judge Roanne L. Mann on 4/30/2013. (Powers, Emily)
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Filing 545
ORDER granting #539 Motion for Leave to Appear Pro Hac Vice as to Darin J. LeBeau. Ordered by Magistrate Judge Roanne L. Mann on 4/30/2013. (Brucella, Michelle)
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Filing 544
Joint MOTION for Extension of Time to File Answer re #536 Crossclaim, of Food Distributors International, Inc. and Scott Tilbrook by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 543
NOTICE by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC re #539 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6163116. (Proposed Order for Admission Pro Hac Vice) (LeBeau, Darin)
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Filing 542
Cross-Defendant Steerforth Trading, Inc.'s ANSWER to #367 Answer to Complaint, Crossclaim,, of Cross-Claimant Quality King Distributors, Inc. by Steerforth Trading, Inc. (Goldberg, Zachary)
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Filing 541
Letter MOTION for Protective Order and Access to Disclosure or Discovery Material by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Proposed Protective Order, #2 Proposed Order for Access to Disclosure or Discovery Material) (Potter, Geoffrey)
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Filing 540
Cross-Defendant Juan Romeo's ANSWER to #499 Amended Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim,,,,,,,, To Midwest Defendants' First Amended Cross Claim by Juan Romero Gutierrez(a/k/a Juan Romeo). (Lobbin, Stephen)
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Filing 539
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6163116. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Affidavit of Darin J. LeBeau, #2 Certificate of Good Standing) (LeBeau, Darin)
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Filing 538
Letter to Magistrate Judge Roanne L. Mann re: Status of Discovery by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Plaintiffs' Written Discovery Log, #2 Joint Defense Group Table of Additional Discovery) (Potter, Geoffrey)
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Filing 537
RESPONSE in Opposition re #525 MOTION for Contempt filed by Raid Jamil, Walid Jamil. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Akkashian, Brian)
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Filing 536
Amended CROSSCLAIM of Food Distributors International, Inc. and Scott Tilbrook against Joseph Shayota, Adriana Shayota and against Tradeway International, Inc. d/b/a Baja Exporting, filed by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 535
CROSSCLAIM Of Food Distributors International, Inc. and Scott Tilbrook against Kevin Attiq and against Dan Dee Company,, filed by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 534
One Stop Label Answer to Crossclaim of Midwest ANSWER to #499 Amended Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim,,,,,,,, by One Stop Label Corporation. (Phillips, Stanton)
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SCHEDULING ORDER: Due to the court's upcoming criminal trial schedule, a telephone pre-motion conference regarding plaintiffs' prospective motion to dismiss #524 is hereby scheduled for 5/28/13 at 10:00 AM. Plaintiffs' counsel is directed to initiate the call with counsel for the Midwest Defendants and then dial into chambers at (718) 613-2180. Ordered by Judge Kiyo A. Matsumoto on 4/26/2013. (Beauchamp, Peter)
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Filing 533
Letter to Judge Matsumoto responding to G. Potter's Letter Dated 4-19-13 requesting a pre-motion conference by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 532
MEMORANDUM AND ORDER granting in part and denying without prejudice in part #511 Motion for Discovery. After conferring with defendants, plaintiffs are directed to file, by April 29, 2013, amended proposed orders consistent with the rulings herein. The parties are directed to confer in good faith regarding the scope of discovery. See attached Memorandum and Order. Ordered by Magistrate Judge Roanne L. Mann on 4/23/2013. (Maynard, Pat) (incorrect Main Document 532 replaced with correct document on 4/23/2013) (Powers, Emily). Modified on 4/23/2013 (Powers, Emily).
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Filing 531
Summons Issued as to Robert McCormack as to Third Party Complaint (Marziliano, August)
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ORDER granting #530 Motion for Extension of Time to File Response/Reply: Pursuant to joint stipulation #530 , the deadline for CVS to file an opposition to a preliminary injunction is hereby extended until 12:00 PM on 5/22/2013; plaintiffs' reply papers shall be filed by 12:00 PM on 6/5/2013. The Temporary Restraining Order against CVS shall remain in effect until plaintiffs and CVS appear before the court for a show cause hearing to be scheduled at a later date. The court is disinclined to grant any further extensions to the TRO; therefore, any future extension requests by the parties must be accompanied by a detailed status of negotiations by the parties toward a preliminary or permanent injunction. Ordered by Judge Kiyo A. Matsumoto on 4/23/2013. (Beauchamp, Peter)
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Filing 530
Joint MOTION for Extension of Time to File Response/Reply Regarding Plaintiff's Motion For Preliminary Injunction and to Extend the Temporary Restraining Order as to Defendant CVS Pharmacy, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Cohen, Michelle)
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Filing 529
ORDER re #471 Letter filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC, #436 Initial Conference Hearing, #452 Scheduling Order, #468 Letter filed by CVS Caremark Corp. For the reasons stated in the attached Order, the Court has no desire to bring the parties in for judicially supervised settlement discussions at a point in the process at which some of the critical players view the proceedings as premature and therefore will likely be resistant to settlement. Accordingly, defendants' request for a settlement conference this week is denied without prejudice. The parties are reminded that their joint report on the status of discovery and settlement negotiations is due this Friday. Ordered by Magistrate Judge Roanne L. Mann on 4/22/2013. (Maynard, Pat)
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Filing 528
AFFIDAVIT/DECLARATION in Support re #525 MOTION for Contempt (Thomas P. Kurland) filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Potter, Geoffrey)
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Filing 527
AFFIDAVIT/DECLARATION in Support re #525 MOTION for Contempt (Geoffrey Potter) filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Potter, Geoffrey)
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Filing 526
MEMORANDUM in Support re #525 MOTION for Contempt filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 525
MOTION for Contempt by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 524
Letter requesting a pre-motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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ORDER: The Midwest Defendants are ordered to file a response to plaintiffs' Letter requesting a pre-motion conference #524 by 4/24/13. Ordered by Judge Kiyo A. Matsumoto on 4/19/2013. (Beauchamp, Peter)
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Filing 523
ORDER granting #516 Motion for Leave to Appear Pro Hac Vice as to William A. Markham. Ordered by Magistrate Judge Roanne L. Mann on 4/17/2013. (Brucella, Michelle)
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Filing 522
ANSWER to #473 Third Party Complaint by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Proof of service) (Khan, Rashida)
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Filing 521
RESPONSE to Motion re #511 Letter MOTION for Discovery Orders filed by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc.. (Apkarian, Richard)
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Filing 520
ORDER granting #503 Motion for Leave to Appear Pro Hac Vice as to Brian Ragen, Esq. So Ordered by Magistrate Judge Roanne L. Mann on 4/9/2013. (Lee, Tiffeny)
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Filing 519
NOTICE of Appearance by Maura Griffin on behalf of Kevin Attiq (aty to be noticed) (Attachments: #1 Certificate of Service) (Griffin, Maura)
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Filing 518
NOTICE of Change of Address by Maura Griffin (Attachments: #1 Certificate of Service) (Griffin, Maura)
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Filing 517
ANSWER to #473 Third Party Complaint of Universal Wholesale and Joseph Sevany by Kevin Attiq. (Attachments: #1 Certificate of Service) (Elia, Steven)
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Filing 516
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6138200. by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Notice of Motion, #2 Attached Proof of Service, #3 certificate of good standing, #4 affidavit, #5 proposed order) (Khan, Rashida)
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Filing 515
NOTICE of Appearance by Steven Elia on behalf of Kevin Attiq (aty to be noticed) (Attachments: #1 Certificate of Service Certificate of Service) (Elia, Steven)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre-Motion Conference held on 4/16/2013. Appearances: Geoffrey Potter and Tom Kurland for plaintiffs; Brian Akkashian and Richard Apkarian for defendants Walid Jamil and Raid Jamil (the "Jamil Defendants"). The court set the following briefing schedule on plaintiffs' motion for contempt against the Jamil Defendants: plaintiffs shall serve their motion by 4/19/13; the Jamil Defendants shall serve their opposition by 4/26/13; plaintiffs shall serve their reply and the fully briefed motion for contempt shall be filed by 4/30/13. The parties shall appear for oral argument on plaintiffs' motion for contempt in Courtroom 6G North on 5/7/13 at 4:30 PM, unless the parties agree in advance to forgo oral argument. In the event that the parties resolve the issues pertaining to plaintiffs' prospective motion, they are to immediately inform chambers of such. Lastly, the Jamil Defendants are reminded that until otherwise informed by court order, Stipulated Preliminary Injunctions #256 and #260 remain in effect. (Beauchamp, Peter)
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ORDER granting #514 Motion for Judgment Based on Settlement: Proposed Consent MOTION for Judgment Based on Settlement and Permanent Injunction #514 is hereby SO ORDERED. Plaintiffs' action is hereby dismissed with prejudice as to defendants Excel Wholesale Distributors Inc. and Farid Tursonzadah. The court shall retain jurisdiction as to implementation of Consent Judgment #514 . Ordered by Judge Kiyo A. Matsumoto on 4/16/2013. (Beauchamp, Peter)
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ORDER re #513 Response to Discovery filed by Top Choice Trading USA, Inc. Discovery demands and responses should not be routinely filed with the Court. See Fed. R. Civ. P. 5(d)(1). Ordered by Magistrate Judge Roanne L. Mann on 4/16/2013. (Maynard, Pat)
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Filing 514
Consent MOTION for Judgment Based on Settlement and Permanent Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 513
RESPONSE to Discovery Request from top choice tradomg USA inc by Top Choice Trading USA, Inc. (Nizin, Leslie)
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Filing 512
DEFENDANT QUALITY KING DISTRIBUTORS, INC.'S ANSWER to #486 Answer to Complaint, Crossclaim by Quality King Distributions, INC. (Silverman, Zachary)
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Filing 511
Letter MOTION for Discovery Orders by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Proposed Stipulated Protective Order, #2 Proposed Order for Access to Disclosure or Discovery Material) (Potter, Geoffrey)
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Filing 510
ORDER re #506 Letter, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Plaintiff's application of April 10, 2013, is denied without prejudice, as it was not properly filed as a motion. Assuming that plaintiffs refile it as a motion by April 12, 2013, objections thereto must be filed by April 16, 2013. Ordered by Magistrate Judge Roanne L. Mann on 4/11/2013. (Maynard, Pat)
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Filing 509
ORDER granting #507 Motion for Extension of Time to Answer. Ordered by Magistrate Judge Roanne L. Mann on 4/11/2013. (Maynard, Pat)
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Filing 508
Letter to Magistrate Mann Responding to G. Potter's Letter dated 4-10-13 by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Apkarian, Richard)
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Filing 507
MOTION for Extension of Time to File Answer re #499 Amended Answer to Complaint, Third Party Complaint, Crossclaim, Counterclaim,,,,,,,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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ORDER granting #500 Motion for Pre Motion Conference: Plaintiffs and the Midwest Defendants are directed to appear for a telephone pre-motion conference before Judge Matsumoto on 4/16/13 at 12:00 PM. Plaintiffs are directed to initiate the conference and to call into chambers at (718) 613-2180 once all parties are on the line. At the conference, the court will address both parties' prospective motions; therefore, no further submissions by the parties are permitted prior to the conference. Ordered by Judge Kiyo A. Matsumoto on 4/11/2013. (Beauchamp, Peter)
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Filing 506
Letter to the Honorable Roanne L. Mann regarding discovery proceedings by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Proposed Stipulated Protective Order, #2 Proposed Order for Access to Disclosure or Discovery Material) (Potter, Geoffrey)
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Filing 505
Letter to Judge Matsumoto Responding to G. Potter's Letter dated April 5, 2013 and Requesting Pre-Motion Conference by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (Apkarian, Richard)
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Filing 504
Summons Returned Unexecuted by Justin Shayota, Trimexico Inc., Midwest Wholesale Distributers, Walid Jamil, JT Wholesale, Inc, Raid Jamil as to Robert McCormack. (Apkarian, Richard)
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Filing 503
MOTION for Leave to Appear Pro Hac Vice by Brian M. Ragen of Seltzer Caplan McMahon Vitek Filing fee $ 25, receipt number 0207-6120175. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit Affidavit of B. Ragen in support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order [Proposed] Order Granting Admission to Practice Pro Hac Vice to Brian M. Ragen, #3 Certificate of Service) (Ragen, Brian)
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Filing 502
ORDER granting #498 Motion for Extension of Time to Answer the Seventh Amended Complaint. Valero Retail Holdings, Inc. answer due is extended to 5/6/2013. Ordered by Magistrate Judge Roanne L. Mann on 4/8/2013. (Maynard, Pat)
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STIPULATION AND ORDER: STIPULATION of Dismissal #501 as to defendants RICHMOND WHOLESALE COMPANY, INC. and SAQUIB KHAN'S cross-claims against MARIO RAMIREZ, CAMILO RAMIREZ, NAFTAUNITED.COM, MCR INNOVATIONS AND PACKAGING, INC., MCR PRINTING AND PACKAGING CORP. and CORE-MARK INTERNATIONAL, INC. is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 4/9/2013. (Beauchamp, Peter)
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Filing 501
STIPULATION of Dismissal that defendants RICHMOND WHOLESALE COMPANY, INC. and SAQUIB KHANS cross-claims against MARIO RAMIREZ, CAMILO RAMIREZ, NAFTAUNITED.COM, MCR INNOVATIONS AND PACKAGING, INC., MCR PRINTING AND PACKAGING CORP. and CORE-MARK INTERNATIONAL, INC. by Core-Mark International, Inc. (Singer, Randi)
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ORDER: The Jamil Defendants are ordered to file a response to plaintiffs' pre-motion conference request letter #500 no later than 4/10/13. Ordered by Judge Kiyo A. Matsumoto on 4/8/2013. (Beauchamp, Peter)
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Filing 500
Letter MOTION for pre motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Potter, Geoffrey)
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Filing 499
AMENDED ANSWER to Seventh #291 Amended Complaint, and Affirmative Defenses, Amended THIRD PARTY COMPLAINT against Robert McCormack, Amended CROSSCLAIM against Juan Romero Gutierrez, Leslie Roman, Joseph Shayota, Adriana Shayota, One Stop Label Corporation, Baja Exporting, LLC, Tradeway International, Inc. d/b/a Baja Exporting, Amended COUNTERCLAIM against Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC by JT Wholesale, Inc, Justin Shayota, Trimexico Inc., Walid Jamil, Raid Jamil, Midwest Wholesale Distributers. (Apkarian, Richard)
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Filing 498
Third MOTION for Extension of Time to File Answer to Plaintiffs' Seventh Amended Complaint by Valero Retail Holdings, Inc.. (Jacobs, Hara)
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Filing 497
ANSWER to Complaint by One Stop Label Corporation. (Phillips, Stanton)
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Filing 496
ORDER granting #495 Motion for Extension of Time to Answer. Core-Mark International, Inc.; Saquib Khan; Richmond Wholesale Company, Inc. answer due is extended to 4/8/2013. Ordered by Magistrate Judge Roanne L. Mann on 4/2/2013. (Maynard, Pat)
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Filing 495
MOTION for Extension of Time to File Answer re #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, by Core-Mark International, Inc.. (Singer, Randi)
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Filing 494
ORDER granting #493 Motion for Extension of Time to Answer. Quality King Distributions, Inc and Steerforth Trading, Inc answer due is extended to 4/29/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/28/2013. (Maynard, Pat)
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Filing 493
Consent MOTION for Extension of Time to File Answer re #367 Answer to Complaint, Crossclaim,, against Steerforth Trading, Inc. by Steerforth Trading, Inc. (Goldberg, Zachary)
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Filing 492
ANSWER to #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, , CROSSCLAIM against Top Choice Trading USA, Inc by Shah Distributors, Inc. (Davis, Brian)
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Filing 491
ORDER granting #484 Motion for Leave to Appear Pro Hac Vice as to Dorn Graham Bishop. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2013. (Brucella, Michelle)
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Filing 490
ORDER granting #483 Motion for Leave to Appear Pro Hac Vice as to Jason Eliaser. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2013. (Brucella, Michelle)
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Filing 489
ORDER granting #482 Motion for Leave to Appear Pro Hac Vice as to Steve Elia. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2013. (Brucella, Michelle)
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Filing 488
ORDER granting #481 Motion for Leave to Appear Pro Hac Vice as to Maura Griffin. Ordered by Magistrate Judge Roanne L. Mann on 3/25/2013. (Brucella, Michelle)
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Filing 487
ORDER granting #480 Motion for Leave to Appear Pro Hac Vice as to Rashida Khan. Ordered by Magistrate Judge Roanne L. Mann on 3/22/2013. (Brucella, Michelle)
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Filing 486
ANSWER to Complaint (Seventh Amended), CROSSCLAIM against Quality King Distributions, INC by Steerforth Trading, Inc, Isaac Anzaroot. (Goldberg, Zachary)
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Filing 485
Corporate Disclosure Statement by Steerforth Trading, Inc (Goldberg, Zachary)
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Filing 484
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6087600. by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Notice of Motion, #2 Affidavit, #3 Certificate of Good Standing, #4 Proposed Order, #5 Proof of Service) (Khan, Rashida)
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Filing 483
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6087516. by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Notice of Motion, #2 Affidavit, #3 Certificate of Good Standing, #4 Proof of Service, #5 Proposed Order) (Khan, Rashida)
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Filing 482
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6087504. by Kevin Attiq, Kevin Attiq. (Attachments: #1 Notice of Motion, #2 Affidavit, #3 Certificate of Good Standing, #4 Proposed Order, #5 Proof of Service) (Khan, Rashida)
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Filing 481
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6087282. by Kevin Attiq, Kevin Attiq. (Attachments: #1 Notice of Motion, #2 Signed Affidavit, #3 Certificate of Good Standing, #4 Proposed Order, #5 Proof of Service) (Khan, Rashida)
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Filing 480
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6087043. by Dan Dee Company,, Dan-Dee Company, Inc.. (Attachments: #1 Notice of Motion, #2 Affidavit and Certificate of Good Standing, #3 Proof of Service, #4 Proposed Order) (Khan, Rashida)
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Filing 479
ORDER granting #478 Motion for Extension of Time to Answer. Baja Exporting, LLC answer due is extended to 5/28/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/22/2013. (Maynard, Pat)
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Filing 478
Joint MOTION for Extension of Time to File Answer re #446 Answer to Complaint, Crossclaim,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre-Motion Conference held on 3/22/2013. Appearances: Michelle Cohen for plaintiffs; Randi Singer and Jessica Costa for defendant Core-Mark International, Inc. The court discussed with the parties Core-Mark's prospective motion to dismiss. The court decided that in light of Judge Mann's 5/31/13 deadline for plaintiffs to file a final amended complaint as of right, Core-Mark's prospective motion practice should wait and be re-visited after the filing of plaintiffs' amended complaint. The court strongly encouraged the parties to engage in settlement discussions prior to plaintiffs' filing of an amended complaint. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Proposed Order #475 Extending the Temporary Restraining Order and Deadline for Defendant CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. Pursuant to joint stipulation #475 , the deadline for CVS to file an opposition to a preliminary injunction is hereby extended until 12:00 PM on 4/22/2013; plaintiffs' reply papers shall be filed by 12:00 PM on 5/6/2013. The Temporary Restraining Order against CVS shall remain in effect until plaintiffs and CVS appear before the court for a show cause hearing to be scheduled at a later date. Ordered by Judge Kiyo A. Matsumoto on 3/22/2013. (Beauchamp, Peter)
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Filing 477
Third Party Summons Issued as to Dan Dee Company,. (Marziliano, August)
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Filing 476
Third Party Summons Issued as to Kevin Attiq. (Marziliano, August)
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Filing 475
STIPULATION and Proposed Order Extending the Temporary Restraining Order and the Deadline for CVS Pharmacy, Inc. to File Opposition Papers with Respect to Plaintiffs' Motion for Preliminary Injunction by CVS Caremark Corp. (Grant, Natasha)
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Filing 474
ORDER granting #472 Motion for Extension of Time to Answer. Mark K Lee and Moa Trading, Inc answer due is extended to 6/17/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/21/2013. (Maynard, Pat)
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Filing 473
THIRD PARTY COMPLAINT against Kevin Attiq, Dan Dee Company,, filed by Universal Wholesale, Inc., Joseph Sevany. (Attachments: #1 Exhibit, #2 Third-Party Summons) (Barton, Michael)
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Filing 472
Joint MOTION for Extension of Time to File Answer re #291 Amended Complaint, re: Defendants Moa Trading, Inc. and Mark K. Lee by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 471
Letter regarding the proposed settlement conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 470
ORDER granting #469 Motion for Extension of Time to Answer. Valero Retail Holdings, Inc. answer due 4/5/2013. So Ordered by Magistrate Judge Roanne L. Mann on 3/15/2013. (Powers, Emily)
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Filing 469
Second MOTION for Extension of Time to File Answer to Plaintiffs' Seventh Amended Complaint by Valero Retail Holdings, Inc.. (Jacobs, Hara)
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Filing 468
Letter to Honorable Roanne L. Mann by CVS Caremark Corp. (Grant, Natasha)
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Filing 467
ORDER granting #461 Motion for Leave to Appear Pro Hac Vice as to Stanton Lee Phillips. Ordered by Magistrate Judge Roanne L. Mann on 3/14/2013. (Brucella, Michelle)
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Filing 466
STIPULATION between Plaintiffs and Defendant Valero Retail Holdings, Inc. further extending the time to answer or otherwise respond to the Seventh Amended Complaint by Valero Retail Holdings, Inc. (Jacobs, Hara)
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ORDER re: Notice of Voluntary Dismissal #463 : NOTICE of Voluntary Dismissal #463 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC regarding Plaintiffs' Second Claim for Relief against Defendant Core-Mark International, Inc. is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 3/15/2013. (Beauchamp, Peter)
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ORDER re: Notice of Voluntary Dismissal #465 : NOTICE of Voluntary Dismissal #465 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC regarding Plaintiffs' Second, Third, Ninth, Tenth and Eleventh Claims for Relief against Defendant Valero Retail Holdings, Inc. is hereby SO ORDERED. Pursuant to plaintiffs' response letter #464 , defendant Valero Retail Holdings, Inc.'s pre-motion conference request letter #450 is deemed withdrawn. Ordered by Judge Kiyo A. Matsumoto on 3/15/2013. (Beauchamp, Peter)
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SCHEDULING ORDER: Pursuant to defendant Core-Mark International, Inc.'s letter request #457 , a telephone pre-motion conference with plaintiffs is hereby scheduled for 3/22/13 at 2:00 PM. Defense counsel is directed to initiate the conference and to call into Judge Matsumoto's chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 3/15/2013. (Beauchamp, Peter)
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ORDER re #466 Stipulation filed by Valero Retail Holdings, Inc. Denied without prejudice. See 2/25/13 Order re DE #399. Ordered by Magistrate Judge Roanne L. Mann on 3/15/2013.(Williams, Jennifer)
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Filing 465
NOTICE of Voluntary Dismissal by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC regarding Plaintiffs' Second, Third, Ninth, Tenth and Eleventh Claims for Relief against Defendant Valero Retail Holdings, Inc. (Potter, Geoffrey)
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Filing 464
Letter in response to Defendant Valero Retail Holdings, Inc.'s letter requesting a pre-motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 463
NOTICE of Voluntary Dismissal by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC regarding Plaintiffs' Second Claim for Relief against Defendant Core-Mark International, Inc. (Potter, Geoffrey)
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Filing 462
Letter in response to Defendant Core-Mark International, Inc.'s letter requesting a pre-motion conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 461
First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6068212. by One Stop Label Corporation. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Supplement) (Phillips, Stanton)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Pre-Motion Conference held on 3/13/2013. Appearances: Geoffrey Potter, Tom Kurland, and Jonah Knobler for plaintiffs; Richard Apkarian for defendants Walid Jamil, Justin Shayota, Brian Jamil, JT Wholesale, Inc., Trimexico, Inc., and Midwest Wholesale Distributors (collectively, "Midwest Defendants"). The court discussed with the parties plaintiffs' prospective motion to dismiss the Midwest Defendants' counterclaims. Pursuant to Judge Mann's prior order, the Midwest Defendants plan to file amended counterclaims by 4/5/13. Plaintiffs, the Midwest Defendants, and the court shall revisit plaintiffs' prospective motion after plaintiffs review the amended counterclaims. The court informed the parties that to the extent that plaintiffs' motion to dismiss incorporates depositions or other discovery outside of the pleadings, said motion will be converted to a motion for summary judgment, for which the Midwest Defendants will be entitled to discovery from plaintiffs in accordance with Judge Mann's discovery schedule and other rulings. (Beauchamp, Peter)
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Filing 460
ORDER granting with modification #458 Motion for Extension of Time to Answer. Leslie Roman answer to the Amended Cross Claim shall be served and filed by 4/5/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/12/2013. (Maynard, Pat) (Main Document 460 replaced on 3/12/2013) (Maynard, Pat). Modified to correct attachment on 3/12/2013 (Maynard, Pat).
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Filing 459
NOTICE of Appearance by Jason Joseph Lavery on behalf of Saquib Khan, Richmond Wholesale Company, Inc. (aty to be noticed) (Lavery, Jason)
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Filing 458
MOTION for Extension of Time to File Answer re #392 Answer to Crossclaim, Third Party Complaint,, Counterclaim,,,, #390 Third Party Complaint by Leslie Roman. (Zuiderweg, Gordon)
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Filing 457
Letter Requesting a Pre-Motion Conference by Core-Mark International, Inc. (Singer, Randi)
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Filing 456
ANSWER to Complaint #291 Seventh Amended Complaint by Core-Mark International, Inc.. (Singer, Randi)
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Filing 455
Corporate Disclosure Statement by Core-Mark International, Inc. identifying Corporate Parent none, Other Affiliate none for Core-Mark International, Inc.. (Singer, Randi)
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Filing 454
TRANSCRIPT of Proceedings held on 3/4/13, before Judge Mann. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/1/2013. Redacted Transcript Deadline set for 4/11/2013. Release of Transcript Restriction set for 6/10/2013. (Hong, Loan)
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Filing 453
ORDER granting #451 Motion for Extension of Time to Answer. Core-Mark International, Inc. answer due is extended to 4/1/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/11/2013. (Maynard, Pat)
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Filing 452
SCHEDULING ORDER: re #412 Letter filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. For the reasons stated in the scheduling order, this Court cannot and will not order cross-case discovery. The parties are encouraged to coordinate discovery (especially depositions) in the two cases. See attached scheduling order. The parties are directed to confer and, by April 26, 2013, to jointly file a report on the status of discovery and settlement negotiations. Ordered by Magistrate Judge Roanne L. Mann on 3/11/2013. (Maynard, Pat)
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Filing 451
MOTION for Extension of Time to File Answer re #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, by Core-Mark International, Inc.. (Singer, Randi)
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Filing 450
Letter dated 3/11/2013 from H. Jacobs to Judge Matsumoto by Valero Retail Holdings, Inc. (Jacobs, Hara)
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Filing 449
ORDER re #442 Letter filed by CVS Caremark Corp. SO-ORDERED. Ordered by Magistrate Judge Roanne L. Mann on 3/8/2013. (Maynard, Pat)
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Filing 448
Universal Defendants' ANSWER to #367 Answer to Complaint, Crossclaim,, of Quality King by Joseph Sevany, Universal Wholesale, Inc.. (McKnight, Megan)
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Filing 447
Letter consenting to entry of the counter-order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 446
ANSWER to Complaint Seventh Amended, Doc. 291, CROSSCLAIM against Baja Exporting, LLC, Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers. (Goldberg, Joseph)
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Filing 445
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Juan Romero Gutierrez, Nutrition Private Label, Inc., and Advanced Nutraceutical Manufacturing LLC (collectively, the "Romero Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 444
ENDORSED ORDER granting in part only #443 Motion for Extension of Time to File Response/Reply. Plaintiff's response is due by 4:00 p.m. on March 8, 2013. Responses due by 3/8/2013. Ordered by Magistrate Judge Roanne L. Mann on 3/8/2013. (Maynard, Pat)
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STIPULATION AND ORDER: STIPULATION to Preliminary Injunction #445 between Plaintiffs and Defendants Juan Romero Gutierrez, Nutrition Private Label, Inc., and Advanced Nutraceutical Manufacturing LLC (collectively, the "Romero Defendants") is hereby SO ORDERED. Accordingly, the Show Cause Hearing previously scheduled for 3/18/13 at 1:00 PM is hereby canceled. Ordered by Judge Kiyo A. Matsumoto on 3/8/2013. (Beauchamp, Peter)
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Filing 443
MOTION for Extension of Time to File Response/Reply Letter to Hon. Roanne L. Mann in response to March 7, 2013 letter by Howard J. Shire by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey) Modified as a motion on 3/8/2013 (Maynard, Pat).
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Filing 442
Letter to Hon. Roanne L. Mann on behalf of Defendants Valero Retail Holdings, Inc., Quality King Distributors, Inc., Food Distributors International, Inc., Scott Tilbrook, Purity Wholesale Grocers, Inc., Universal Wholesale, Inc., Joseph Sevany, Sr., Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, Baseline Distribution, Inc., David Flood, Core-Mark International, Inc., and CVS Pharmacy, Inc. (incorrectly sued as CVS Caremark Corp.), enclosing Proposed Order regarding the confidentiality of certain documents to be produced by Plaintiffs by CVS Caremark Corp. (Attachments: #1 Proposed Order) (Grant, Natasha)
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SCHEDULING ORDER: Pursuant to plaintiffs' letter request #422 , a telephone pre-motion conference with plaintiffs and the "Midwest Defendants" (as defined in response letter #438 ) is hereby scheduled for 3/13/13 at 3:30 PM EST. Plaintiffs' counsel is directed to initiate the conference and to call into Judge Matsumoto's chambers at (718) 613-2180 once all parties are on the line. Ordered by Judge Kiyo A. Matsumoto on 3/7/2013. (Beauchamp, Peter)
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Filing 441
ANSWER to Complaint (7th Amended Complaint) by Joseph Sevany, Universal Wholesale, Inc.. (Mattieson, Chiara)
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Filing 440
REQUEST for Production of Documents by Quality King Distributions, INC. (Potter, Geoffrey)
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Filing 439
PROPOSED ORDER re #437 Stipulation filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. SO-ORDERED with modifications. Ordered by Magistrate Judge Roanne L. Mann on 3/5/2013. (Maynard, Pat)
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Filing 438
Letter to Judge Matsumoto Responding to Plaintiffs' Request for Pre-Motion Conference for Planned Motion to Dismiss Counterclaims by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Apkarian, Richard)
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Filing 437
STIPULATION and [Proposed] Confidentiality Order by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 436
Minute Entry for proceedings held before Magistrate Judge Roanne L. Mann:Initial Conference Hearing held on 3/4/2013. The Court hears argument on plaintiffs' request for cross-case discovery (DE #412). See Minute Entry attached. (Maynard, Pat)
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Filing 435
ORDER granting #434 Motion for Extension of Time to Answer is extended to May 28, 2013. Ordered by Magistrate Judge Roanne L. Mann on 3/4/2013. (Maynard, Pat)
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ORDER re: the Romero Defendants' RESPONSE TO ORDER TO SHOW CAUSE #424 : Plaintiffs and the Romero Defendants are directed to submit a joint stipulation to the entry of a preliminary injunction against the Romero Defendants as soon as possible, at which time the court will cancel the Show Cause hearing scheduled for 3/18/13 at 1:00 PM. Ordered by Judge Kiyo A. Matsumoto on 3/4/2013. (Beauchamp, Peter)
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Filing 434
Joint MOTION for Extension of Time to File Answer re #392 Answer to Crossclaim, Third Party Complaint,, Counterclaim,,,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 433
ANSWER to Complaint 372 Answer to Crossclaim of Leslie Roman and Flexopack by Mario Ramirez. (DiMuro, Daniel)
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Filing 432
ENDORSED ORDER granting, on consent #425 Motion to Appear by Telephone. Movant must arrange with counsel for the Roman defendants to participate in the same conference call. All parties are reminded that they have been directed to confer and jointly complete the Initial Conference Questionnaire. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Maynard, Pat)
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Filing 431
MOTION for Extension of Time to File Answer to Quality King Distributor, Inc.' s Cross-Complaint by Joseph Sevany, Universal Wholesale, Inc.. (McKnight, Megan)
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Filing 430
Joint MOTION for Extension of Time to File Answer re #291 Amended Complaint, by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Cohen, Michelle)
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Filing 429
Letter Request for Permission to Appear Telephonically the March 4th Conference by David K Lee, Moa Trading, Inc (Ko, John)
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Filing 428
ENDORSED ORDER re #427 Stipulation filed by Universal Wholesale, Inc., Joseph Sevany. Application denied without prejudice. See DE #396. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Maynard, Pat)
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Filing 427
STIPULATION and Order to Extend Time to Respond to Quality King Distributor, Inc.' s Cross-Complaint by Joseph Sevany, Universal Wholesale, Inc. (McKnight, Megan)
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Filing 426
DISCLOSURE of Interested Parties by Richmond Wholesale Company, Inc., Saquib Khan. (Nagler, Vincent)
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Filing 425
Motion to Appear by Telephone by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc.. (Apkarian, Richard)
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Filing 424
RESPONSE TO ORDER TO SHOW CAUSE by Nutrition Private Label, Inc. (Lobbin, Stephen)
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Filing 423
MOTION for Extension of Time to File Answer. STIPULATION and Order For Extension of Time to Answer Complaint or Otherwise Respond as to Defendant Capital Sales Company by Capital Sales Company, Ltd (Connaughton, Timothy) Modified as a motion on 3/1/2013 (Maynard, Pat).
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ORDER re: Letter Requesting Pre-Motion Conference #422 : Midwest Defendants are respectfully reminded that, pursuant to Part IV.B.1. of Judge Matsumoto's Chambers Practices, a response to plaintiffs' pre-motion conference request #422 is due by 3/5/13. Ordered by Judge Kiyo A. Matsumoto on 3/1/2013. (Beauchamp, Peter)
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ORDER granting #430 Motion for Extension of Time to Answer Steerforth Trading, Inc answer due 3/22/2013. So Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Powers, Emily)
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ORDER granting #421 Motion for Extension of Time to Answer the Seventh Amended Complaint. Valero Retail Holdings, Inc. answer due is extended to /15/2013. The parties are again reminded of the need to file stipulations as motions. See DE #396. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Maynard, Pat)
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ORDER granting #423 Motion for Extension of Time to Answer the Seventh Amended Complaint. Capital Sales Company, Ltd answer due is extended to 5/21/2013. The parties are again reminded of the need to file stipulations as motions. See DE #396. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Maynard, Pat)
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ORDER granting #431 Motion for Extension of Time to Answer. Universal Wholesale, Inc. answer due 3/8/2013. So Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Powers, Emily)
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ORDER granting #419 Motion for Leave to Appear Pro Hac Vice ; granting #420 Motion for Leave to Appear Pro Hac Vice.. Ordered by Magistrate Judge Roanne L. Mann on 3/1/2013. (Maynard, Pat)
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Filing 422
Letter to Judge Matsumoto Requesting Pre-Motion Conference re: Motion to Dismiss Midwest Defendants' Counterclaims by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A) (Potter, Geoffrey)
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Filing 421
MOTION for Extension of Time to File Answer STIPULATION and Proposed Order Extending the Time for Valero Retail Holdings, Inc. to Answer or Otherwise Respond to the Seventh Amended Complaint until March 15, 2013 by Valero Retail Holdings, Inc. (Jacobs, Hara) Modified as a motion on 3/1/2013 (Maynard, Pat).
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Filing 420
First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6039528. by David K Lee, Moa Trading, Inc. (Attachments: #1 Notice of Motion) (Ko, John)
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Filing 419
First MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-6039502. by David K Lee, Moa Trading, Inc. (Attachments: #1 Notice of Motion) (Ko, John)
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Filing 418
ANSWER to #372 Answer to Amended Complaint, Crossclaim of Leslie Roman by Walid Jamil. (Apkarian, Richard)
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Filing 417
Letter to Judge Mann Regarding Status Conference by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Trimexico Inc. (Akkashian, Brian)
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Filing 416
ENDORSED ORDER granting #411 Motion to Appear by Telephone. Movant is directed to set up a conference call including counsel for the Romero defendants. Ordered by Magistrate Judge Roanne L. Mann on 2/28/2013. (Maynard, Pat)
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Filing 415
STIPULATION AND ORDER OF DISCONTINUANCE: Defendant's RICHMOND WHOLESALE COMPANY, INC. and SAQUIB KHAN'S cross-claims are discontinued without prejudice as against defendants, CVS CAREMARK CORP., 7-ELEVEN STORE #11152, 7-ELEVEN STORE #25449C-2422, 7-ELEVEN STORE #11181, 7-ELEVEN STORE #32760, 7-ELEVEN STORE #23407, VALERO RETAIL HOLDINGS, INC., BROTHERS TRADING CO., INC. d/b/a VICTORY WHOLESALE GROCERS, QUALITY KING DISTRIBUTORS, INC., BASELINE DISTRIBUTION, INC., DAVID FLOOD, FOOD DISTRIBUTERS INTERNATIONAL, INC., SCOTT TILBROOK, PURITY WHOLESALE GROCERS, INC., UNIVERSAL WHOLESALE, INC., JOSEPH SEVANY, SR. a/k/a JOE ZAITOUNA, LESLIE ROMAN, FLEXOPACK and DONNA ROMAN without costs to either party as against the other. Ordered by Judge Kiyo A. Matsumoto on 2/27/2013. (Brucella, Michelle)
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ORDER re #413 Stipulation filed by Excel Wholesale Distributors, Inc. Discovery demands and responses should not be routinely filed with the Court. See Fed. R. Civ. P. 5(d)(1). Ordered by Magistrate Judge Roanne L. Mann on 2/28/2013. (Maynard, Pat)
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Filing 414
STIPULATION and Proposed Order Extending the Temporary Restraining Order and the Deadline for CVS Pharmacy, Inc. to File Opposition Papers with Respect to Plaintiffs' Motion for Preliminary Injunction by CVS Caremark Corp. (Grant, Natasha)
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Filing 413
STIPULATION by Excel Wholesale Distributors, Inc. (Kressel, Stephen)
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Filing 412
Letter regarding the March 4, 2013 Initial Conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Enclosure) (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION and Proposed Order #414 Extending the Temporary Restraining Order and Deadline for Defendant CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. Pursuant to joint stipulation #414 , the deadline for CVS to file an opposition to a preliminary injunction is hereby extended until 12:00 PM on 3/22/2013; plaintiffs' reply papers shall be filed by 12:00 PM on 4/5/2013. The Temporary Restraining Order against CVS shall remain in effect until plaintiffs and CVS appear before the court for a show cause hearing to be scheduled at a later date. Ordered by Judge Kiyo A. Matsumoto on 2/27/2013. (Beauchamp, Peter)
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Filing 411
Letter Motion to Appear by Telephone by Flexopack, Donna Roman, Leslie Roman. (Zuiderweg, Gordon)
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Filing 410
STIPULATION of Discontinuance by Saquib Khan, Richmond Wholesale Company, Inc. (Nagler, Vincent)
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Filing 409
Letter Motion to Appear by Telephone by Advanced Nutraceutical Manufacturing, LLC, Juan Romero Gutierrez, Nutrition Private Label, Inc.. (Lobbin, Stephen)
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Filing 408
ANSWER to #367 Answer to Complaint, Crossclaim,, Of Quality King Distributors, Inc. by Scott Tilbrook and by Food Distributers International, Inc. (Saperstein, Martin)
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Filing 407
ENDORSED ORDER granting #402 Motion for Extension of Time to Answer. David K Lee and Moa Trading, Inc answer due is extended to 3/20/2013. The March 4th initial conference will go forward as scheduled. Ordered by Magistrate Judge Roanne L. Mann on 2/26/2013. (Maynard, Pat)
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Filing 406
ANSWER to #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, ANSWER TO CROSS-CLAIMS BY RICHMOND WHOLESALE COMPANY, INC. AND SAQUIB KHAN by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 405
ANSWER to #366 Answer to Complaint, Crossclaim MADE BY ULTIMATE ONE DISTRIBUTING CORP., GHULAM NAJIMI A/K/A GHULAMALI ALI NAJIMI, WALLY NAJIMI A/K/A AHMED WALLY NAJIMI, ABDUL SATAR NAJIMI AND PRICEMASTER CORP. by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 404
ENDORSED ORDER granting #401 Motion for Extension of Time to Answer Baja defendants' answer due is extended to 5/28/2013. The March 4th initial conference will go forward as scheduled. Ordered by Magistrate Judge Roanne L. Mann on 2/25/2013. (Maynard, Pat)
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Filing 403
ORDER granting with modification #400 Motion for Extension of Time to Answer. The March 4th initial conference will go forward as scheduled. Ordered by Magistrate Judge Roanne L. Mann on 2/25/2013. (Maynard, Pat)
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Filing 402
Joint MOTION for Extension of Time to File Answer re #291 Amended Complaint, re: Defendants Moa Trading, Inc. and Mark K. Lee by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 401
Joint MOTION for Extension of Time to File Answer re #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 400
Joint MOTION for Extension of Time to File Answer re #352 Answer to Complaint, Crossclaim,, #350 Answer to Complaint, Crossclaim by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Thompson, James)
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Filing 399
STIPULATION and ORDER to Extend Time for Tradeway International, Inc., Joseph and Adriana Shayota to Answer or Otherwise Respond to Richmond Defendants' Cross-Complaint by Tradeway International, Inc. d/b/a Baja Exporting (Thompson, James)
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Filing 398
STIPULATION and ORDER to Extend Time for Tradeway International, Inc., Joseph and Adriana Shayota to Answer or Otherwise Respond to Cross-Complaints by Tradeway International, Inc. d/b/a Baja Exporting (Thompson, James)
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ORDER re #399 Stipulation, filed by Tradeway International, Inc. d/b/a Baja Exporting, #398 Stipulation filed by Tradeway International, Inc. d/b/a Baja Exporting. The Stipulations and Orders docketed as Docket Entries #398 and #399 will not be considered. See Docket Entry #396. Ordered by Magistrate Judge Roanne L. Mann on 2/25/2013. (Maynard, Pat)
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Filing 397
ORDER finding as moot #388 Motion for Discovery. Discovery demands and responses should not be routinely filed with the Court. See Fed. R. Civ. P. 5(d)(1). Ordered by Magistrate Judge Roanne L. Mann on 2/22/2013. (Maynard, Pat)
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Filing 396
ENDORSED ORDER granting, with modification #395 Motion for Extension of Time to Answer. Baja Exporting, LLC answer to Plaintiffs' Seventh Amended Complaint is extended to 5/28/2013. They are, however, required to appear for the March 4, 2013 initial conference. NOTE: If you are asking the Court for any type of relief or to issue any type of order -- even if you are requesting only procedural relief, such as an extension of time to file a document or an adjournment of a conference, whether or not the relief is on consent, please select an appropriate MOTION event for submitting your document. This instruction applies even if your application for relief is being submitted in letter form. If not properly filed, the Court will not consider your application.. Ordered by Magistrate Judge Roanne L. Mann on 2/21/2013. (Maynard, Pat)
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ORDER re. #380 Letter requesting pre-motion conference by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting ("Baja Defendants"): Pursuant to joint letter #394 , Baja Defendants' request for a pre-motion conference is hereby withdrawn, without prejudice to renew following the close of jurisdictional discovery on May 20, 2013. Discovery disputes, if any, should be addressed to Magistrate Judge Mann. Ordered by Judge Kiyo A. Matsumoto on 2/21/2013. (Beauchamp, Peter)
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Filing 395
MOTION for Extension of Time to File Answer. STIPULATION and (Proposed Order) extending deadline for Defendants Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota, and Adriana Shayota to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey) Modified as a motion on 2/22/2013 (Maynard, Pat).
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Filing 394
Letter from Geoffrey Potter to Judge Matsumoto re: the Baja Defendants request for a pre-motion conference for a motion to dismiss for lack of personal jurisdiction and improper venue by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 393
Corporate Disclosure Statement by Tradeway International, Inc. d/b/a Baja Exporting (Thompson, James)
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Filing 392
Midwest Wholesale ANSWER to #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, , THIRD PARTY COMPLAINT against Kevin Attiq, Robert McCormack, Dan-Dee Company, Inc., CROSSCLAIM against Juan Romero Gutierrez, Leslie Roman, Joseph Shayota, Baja Exporting, LLC, COUNTERCLAIM against All Plaintiffs by Justin Shayota, Walid Jamil, Midwest Wholesale Distributers. (Akkashian, Brian)
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Filing 391
MEMORANDUM AND ORDER denying #385 Motion to Quash. For the reasons stated in this Court's Memorandum and Order, defendant Jamil's motion is denied in its entirety. Ordered by Magistrate Judge Roanne L. Mann on 2/19/2013. (Maynard, Pat)
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Filing 390
First THIRD PARTY COMPLAINT against Robert McCormack, Dan-Dee Company, Inc., Kevin Attiq, filed by Justin Shayota, Walid Jamil, Midwest Wholesale Distributers. (Akkashian, Brian)
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Filing 389
ORDER granting #386 Motion for Extension of Time to Answer. Isaac Anzaroot and Steerforth Trading, Inc. answer due is extended to 3/1/2013. Ordered by Magistrate Judge Roanne L. Mann on 2/19/2013. (Maynard, Pat)
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Filing 388
First MOTION for Discovery Notice Pursuant to Rule 26(a)(1) by Sulaiman S. Aamir, Delta Distribution Services Corp., Empire Trade Wholesaler Corp.. (Berkowitz, Jess)
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Filing 387
RESPONSE to Motion re #385 MOTION to Quash Subpoena to Yahoo! Inc. filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit A) (Potter, Geoffrey)
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Filing 386
MOTION for Extension of Time to File Answer. Defendants Steerforth Trading, Inc. and Isaac Anzaroot to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Cohen, Michelle) Modified as a motion on 2/19/2013 (Maynard, Pat).
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Filing 385
MOTION to Quash Subpoena to Yahoo! Inc. by Raid Jamil. (Apkarian, Richard)
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Filing 384
ANSWER to Complaint (291) and (356) by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Naftaunited.com, Camilo Ramirez, Mario Ramirez. (DiMuro, Daniel)
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Filing 383
NOTICE of Appearance by Richard Apkarian, Jr on behalf of JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (aty to be noticed) (Apkarian, Richard)
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Filing 382
NOTICE of Appearance by Brian M. Akkashian on behalf of JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (aty to be noticed) (Akkashian, Brian)
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Filing 381
Corporate Disclosure Statement by Baseline Distribution, INC (Schurin, Richard)
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Filing 380
Letter requesting pre-motion conference by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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Filing 378
Corporate Disclosure Statement by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Naftaunited.com (DiMuro, Daniel)
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Filing 377
Corporate Disclosure Statement by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Naftaunited.com (DiMuro, Daniel)
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Filing 376
Corporate Disclosure Statement by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Naftaunited.com (DiMuro, Daniel)
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Filing 375
ANSWER to #291 Amended Complaint, #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, , ANSWER to #291 Amended Complaint, #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Naftaunited.com. (DiMuro, Daniel)
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Filing 374
NOTICE of Appearance by Anthony R. Paesano on behalf of JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc. (aty to be noticed) (Paesano, Anthony)
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ORDER denying #357 Motion for Pre Motion Conference: Having reviewed defendant Capital Sales Company's ("Capital") request for a pre-motion conference #357 and plaintiffs' opposition #373 , the court hereby denies Capital's request for a pre-motion conference without prejudice to renew at a later juncture. The Second Circuit has made it clear that plaintiffs are entitled to conduct discovery on jurisdictional facts before a defendant's motion to dismiss for lack of personal jurisdiction is decided. See, e.g., Gualandi v. Adams, 385 F.3d 236, 244 (2d Cir. 2004); APWU v. Potter, 343 F.3d 619, 627 (2d Cir. 2003). Accordingly, plaintiffs and Capital are hereby referred to Magistrate Judge Mann for the coordination and scheduling of jurisdictional discovery. At the close of jurisdictional discovery, Capital may renew its request for a pre-motion conference. Ordered by Judge Kiyo A. Matsumoto on 2/12/2013. (Beauchamp, Peter)
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Filing 373
Letter in response to Defendant Capital Sales Company's request for a Pre-Motion Conference by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 372
ANSWER to #291 Amended Complaint, , CROSSCLAIM against Walid Jamil, Mario Ramirez by Flexopack, Donna Roman, Leslie Roman. (Zuiderweg, Gordon)
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Filing 371
Corporate Disclosure Statement by Ahmed Bhimani, Elegant Trading, Inc (Crawford, Bridget)
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Filing 370
NOTICE of Appearance by Bridget Anne Crawford on behalf of Ahmed Bhimani, Elegant Trading, Inc (aty to be noticed) (Crawford, Bridget)
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Filing 369
ANSWER to Complaint 7th Amended by Baseline Distribution, INC. (Schurin, Richard)
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Filing 368
NOTICE of Appearance by Brian A. Kalman on behalf of Capital Sales Company, Ltd (aty to be noticed) (Kalman, Brian)
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Filing 367
ANSWER to Complaint Seventh Amended Complaint, CROSSCLAIM against Food Distributers International, Inc, Joseph Sevany, Steerforth Trading, Inc, Scott Tilbrook, Universal Wholesale, Inc. by Quality King Distributions, INC. (Cizmarik, Andre)
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ORDER: Plaintiffs are respectfully reminded that, pursuant to Part IV.B.1. of Judge Matsumoto's Chambers Practices, a response to defendant Capital Sales Company, Ltd.'s pre-motion conference request #357 is due by today, 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 2/8/2013. (Beauchamp, Peter)
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Filing 366
Ultimate One Defendants ANSWER to Complaint Seventh Amended, CROSSCLAIM against Ahmed Bhimani, Elegant Trading, Inc by Ultimate One Distributing Corp.. (Greenberg, Todd)
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Filing 365
Utimate One Defendants ANSWER to #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, , CROSSCLAIM against Ahmed Bhimani, Elegant Trading, Inc by Wally Najimi, Gulam Najimi, Ultimate One Distributing Corp., Price Master Corp., Abdul Satar Najimi. (Greenberg, Todd) Modified on 2/7/2013 to reflect that this answer was linked to docket entry #356 in error. See docket entry #366 for correction. (Barrett, C).
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Filing 364
Defendants Elegant Trading, Inc. and Ahmed Bhimani ANSWER to Complaint (Seventh Amended) by Ahmed Bhimani, Elegant Trading, Inc. (Jensen, J.)
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Filing 363
ORDER granting #361 Motion for Extension of Time to Answer. Moa Trading, Inc. and Mark K. Lee answer due is extended to 2/27/2013. Ordered by Magistrate Judge Roanne L. Mann on 2/7/2013. (Maynard, Pat)
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Filing 362
ANSWER to #356 Answer to Complaint, Crossclaim,,,,,,,,,,,,,, , CROSSCLAIM against Top Choice Trading USA, Inc by Top Choice Trading USA, Inc. (Nizin, Leslie)
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Filing 361
MOTION for Extension of Time to File Answer. STIPULATION and (Proposed) Order extending deadline for Defendants Moa Trading, Inc. and Mark K. Lee to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey) Modified as a motion on 2/7/2013 (Maynard, Pat).
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Filing 360
ORDER granting #358 Motion for Leave to Appear Pro Hac Vice as to Richard Apkarian, Jr. Ordered by Magistrate Judge Roanne L. Mann on 2/6/2013. (Brucella, Michelle)
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Filing 359
ORDER granting #354 Motion for Leave to Appear Pro Hac Vice as to Stephen M. Lobbin. Ordered by Magistrate Judge Roanne L. Mann on 2/5/2013. (Brucella, Michelle)
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Filing 358
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5994658. by JT Wholesale, Inc, Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota, Trimexico Inc.. (Attachments: #1 Affidavit in Support, #2 Proposed Order) (Defilippis, Danielle)
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Filing 357
Letter MOTION for pre motion conference by Capital Sales Company, Ltd. (Thome, James)
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Filing 356
ANSWER to Complaint Seventh Amended, CROSSCLAIM against 7-Eleven Store #11152, 7-Eleven Store #11168F-2422, 7-Eleven Store #11181, 7-Eleven Store #23407, 7-Eleven Store #25449C-2422, 7-Eleven Store #32760, Sulaiman S. Aamir, Advanced Nutraceutical Manufacturing, LLC, Akshar Services, LLC, Isaac Anzaroot, Baja Exporting, LLC, Baseline Distribution, INC, Ahmed Bhimani, Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, CVS Caremark Corp., Capital Sales Company, Ltd, Core-Mark International, Inc., Delta Distribution Services Corp., Elegant Trading, Inc, Empire Trade Wholesaler Corp., Excel Wholesale Distributors, Inc., Flexopack, David Flood, Food Distributers International, Inc, Juan Romero Gutierrez, Heights Deli and Company, JT Wholesale, Inc, Raid Jamil, Walid Jamil, John Does 1-10, Kaival Deli & Catering, David K Lee, Living Essential, LLC, MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Midwest Wholesale Distributers, Mike Wholesale, Moa Trading, Inc, Naftaunited.com, Abdul Satar Najimi, Gulam Najimi, Wally Najimi, Nevins Gourmet, New Island Deli, Nutrition Private Label, Inc., One Stop Label Corporation, Prestige Mobil, Price Master Corp., Purity Wholesale Grocers, Inc., Quality King Distributions, INC, Camilo Ramirez, Mario Ramirez, Donna Roman, Leslie Roman, Joseph Sevany, Arvind Shah, Shah Distributors, Inc, Adriana Shayota, Joseph Shayota, Justin Shayota, Steerforth Trading, Inc, Scott Tilbrook, Top Choice Trading USA, Inc, Tradeway International, Inc. d/b/a Baja Exporting, Trimexico Inc., Farid Tursonzadah, Ultimate One Distributing Corp., Universal Wholesale, Inc., Valero Retail Holdings, Inc. by Saquib Khan, Richmond Wholesale Company, Inc.. (Nagler, Vincent)
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SO ORDERED re #355 Stipulation, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. Ordered by Magistrate Judge Roanne L. Mann on 2/4/2013. (Williams, Jennifer)
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Filing 355
STIPULATION and (Proposed Order) extending deadline for Defendants Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota, and Adriana Shayota (collectively, the Baja Defendants) to respond the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 354
MOTION for Leave to Appear Pro Hac Vice of Stephen M. Lobbin Filing fee $ 25, receipt number 0207-5987722. by Advanced Nutraceutical Manufacturing, LLC, Juan Romero Gutierrez, Nutrition Private Label, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Certificate of Standing, #3 Proposed Order Admission to Practice Pro Hac Vice) (Lobbin, Stephen)
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Filing 353
MOTION for Leave to Appear Pro Hac Vice of Stephen M. Lobbin Filing fee $ 25, receipt number 0207-5985961. by Advanced Nutraceutical Manufacturing, LLC, Juan Romero Gutierrez, Nutrition Private Label, Inc.. (Attachments: #1 Declaration Stephen M. Lobbin, #2 Proposed Order Admission to Practice Pro Hac Vice) (Lobbin, Stephen)
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ORDER denying #353 Motion for Leave to Appear Pro Hac Vice. Application denied, without prejudice, as the Certificate of Good Standing is not attached. Ordered by Magistrate Judge Roanne L. Mann on 2/1/2013. (Powers, Emily)
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Filing 352
ANSWER to Complaint (Seventh Amended Complaint) by Food Distributors International, Inc. and Scott Tilbrook, First CROSSCLAIM against Joseph Shayota and Ariana Shayota and against Tradeway International, Inc. d/b/a Baja Exporting by Food Distributers International, Inc. (Goodman, Stanley)
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Filing 351
Corporate Disclosure Statement by Food Distributers International, Inc (Goodman, Stanley)
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Filing 350
ANSWER to Complaint (Seventh Amended Complaint), First CROSSCLAIM against Joseph Shayota, Adriana Shayota and against Tradeway International, Inc. d/b/a Baja Exporting by Purity Wholesale Grocers, Inc.. (Goodman, Stanley)
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Filing 349
Corporate Disclosure Statement by Purity Wholesale Grocers, Inc. (Goodman, Stanley)
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Filing 348
ANSWER to Complaint , Seventh CROSSCLAIM against Excel Wholesale Distributors, Inc. by Excel Wholesale Distributors, Inc.. (Kressel, Stephen)
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Filing 347
ANSWER to Complaint by 7-Eleven Store #25449C-2422, Seventh CROSSCLAIM against Ultimate One Distributing Corp. by 7-Eleven Store #25449C-2422. (Hauptman, Arnold)
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Filing 346
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #25449C-2422 (aty to be noticed) (Hauptman, Arnold)
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Filing 345
ORDER re #344 Stipulation, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC. So Ordered by Magistrate Judge Roanne L. Mann on 1/18/2013. (Powers, Emily)
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Filing 344
STIPULATION and (Proposed) Order extending deadline for Defendants Elegant Trading, Inc. and Ahmed Bhimani to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 343
ANSWER to Complaint by 7-Eleven Store #11152. (Hauptman, Arnold)
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Filing 342
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #11152 (aty to be noticed) (Hauptman, Arnold)
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Filing 341
ANSWER to Complaint by 7-Eleven Store #32760. (Hauptman, Arnold)
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Filing 340
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #32760 (aty to be noticed) (Hauptman, Arnold)
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Filing 339
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC re Stipulation and Order,,,,, Stipulation #338 re. Stipulation #319 , Order to Show Cause #290 , Extending the Temporary Restraining Order Against Juan Romero Gutierrez and the Deadline for Juan Romero Gutierrez to File Opposing Papers with Respect to Plaintiffs' Motion for Preliminary Injunction (Potter, Geoffrey)
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Filing 338
STIPULATION re #319 Stipulation, #290 Order to Show Cause,, Extending the Temporary Restraining Order Against Juan Romero Gutierrez and the Deadline for Juan Romero Gutierrez to File Opposition Papers With Respect to Plaintiffs' Motion for Preliminary Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION and Order #337 extending the deadline for Defendant Quality King Distributors, Inc. to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant Quality King Distributors, Inc. shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/17/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION #338 re. Stipulation #319 , Order to Show Cause #290 , Extending the Temporary Restraining Order Against Juan Romero Gutierrez and the Deadline for Juan Romero Gutierrez to File Opposition Papers With Respect to Plaintiffs' Motion for Preliminary Injunction is hereby SO ORDERED. Accordingly, the restraints imposed by Order to Show Cause #290 are extended as to defendants Juan Romero Gutierrez, Nutrition Private Label, Inc., and Advanced Nutraceutical Manufacturing, LLC (the "Romero Defendants") until 3/18/13 at 1:00 PM, at which time the Romero Defendants shall appear before this court for a show cause hearing. The Romero Defendants' opposition to the entry of a preliminary injunction shall be filed with the court no later than 3/1/13 at 12:00 PM EST; plaintiffs' reply shall be filed with the court no later than 3/15/13 at 12:00 PM EST. Plaintiffs are directed to serve counsel for the Romero Defendants with a copy of this order via mail or email and file proof of service via ECF no later than tomorrow, 1/18/13. Counsel for the Romero Defendants is again directed to file an appearance in this matter as soon as possible. Ordered by Judge Kiyo A. Matsumoto on 1/17/2013. (Beauchamp, Peter)
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Filing 337
STIPULATION and (Proposed) Order extending the deadline for Defendant Quality King Distributors, Inc. to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 336
ANSWER to Complaint by 7-Eleven Store #23407. (Hauptman, Arnold)
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Filing 335
ANSWER to Complaint by 7-Eleven Store #11181. (Hauptman, Arnold)
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STIPULATION AND ORDER: STIPULATION #334 Extending the Temporary Restraining Order and Deadline for Defendant CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. Pursuant to joint stipulation #334 , the deadline for CVS to file an opposition to a preliminary injunction is hereby extended until 12:00 PM on 3/1/2013; plaintiffs' reply papers shall be filed by 12:00 PM on 3/15/2013. The Temporary Restraining Order against CVS shall remain in effect until plaintiffs and CVS appear before the court for a show cause hearing to be scheduled at a later date. Ordered by Judge Kiyo A. Matsumoto on 1/16/2013. (Beauchamp, Peter)
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Filing 334
STIPULATION and Order Extending the Temporary Restraining Order and the Deadline for CVS Pharmacy, Inc. to File Opposition Papers with Respect to Plaintiffs' Motion for Preliminary Injunction by CVS Caremark Corp. (Grant, Natasha)
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Filing 333
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Flexopack, Leslie Roman and Donna Roman (collectively, the Flexopack Defendants) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Cohen, Michelle)
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STIPULATION AND ORDER: STIPULATION to Preliminary Injunction #333 between Plaintiffs and Defendants Flexopack, Leslie Roman, and Donna Roman (collectively, "the Flexopack Defendants") is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 1/15/2013. (Beauchamp, Peter)
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Filing 332
AFFIDAVIT of Service for Amended Summons; Seventh Amended Complaint; and Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Mike Wholesale by Maher Makool on December 29, 2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 331
AFFIDAVIT of Service for Amended Summons; Seventh Amended Complaint; and Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Akshar Services, LLC aka Perfume Shower by Pinto Patel on December 28, 2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 330
AFFIDAVIT of Service for Amended Summons; Seventh Amended Complaint; and Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Juan Romero Gutierrez aka Juan Romero; Advanced Nutraceutical Manufacturing, LLC; and Nutrition Private Label, Inc. on January 2, 2013, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 329
AFFIDAVIT of Service for Amended Summons; Seventh Amended Complaint; and Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Naftaunited.com by Daniel DiMuro, Esq. on December 28, 2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 328
AFFIDAVIT of Service for Amended Summons; Seventh Amended Complaint; and Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction served on Flexopack and Donna Roman on December 28, 2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 327
STIPULATION re #291 Amended Complaint, and (Proposed) Order Extending the Time for Valero Retail Holdings, Inc. to Answer or Otherwise Respond to the Seventh Amended Complaint until March 8, 2013 by Valero Retail Holdings, Inc. (Jacobs, Hara)
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Filing 326
Letter regarding the Stipulation and (Proposed) Order between Plaintiffs and Defendant 7-Eleven Store #32760 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 325
ANSWER to Complaint (Seventh Amended) by CVS Caremark Corp.. (Grant, Natasha)
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Filing 324
STIPULATION and (Proposed) Order extending the deadline for Defendant 7-Eleven Store #32760 to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION #327 re. #291 Amended Complaint, and Order Extending the Time for Valero Retail Holdings, Inc. to Answer or Otherwise Respond to the Seventh Amended Complaint until March 8, 2013 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 1/11/2013. (Beauchamp, Peter)
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Filing 323
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC re #319 Stipulation, Stipulation and Order,,,, (Potter, Geoffrey)
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Filing 322
STIPULATION and (Proposed) Order extending deadline for Defendants Donna Roman and Flexopack to File Answering Papers in Response to the Order to Show Cause by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 321
STIPULATION and (Proposed) Order extending deadline for Defendants Ultimate One Distributing Corp., Gulam Najimi, Wally Najimi, PriceMaster Corp., and Abdul Satar Najimi (collectively, the "Ultimate One Defendants") to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 320
STIPULATION and (Proposed) Order extending deadline for Defendants Moa Trading. Inc. and Mark K. Lee to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 319
STIPULATION re #290 Order to Show Cause,, extending the deadline for Juan Romero Gutierrez to file answering papers by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 318
STIPULATION and (Proposed) Order extending deadline for Defendant Top Choice Trading USA, Inc. to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION and Order #321 extending deadline for Defendants Ultimate One Distributing Corp., Gulam Najimi, Wally Najimi, PriceMaster Corp., and Abdul Satar Najimi (collectively, the "Ultimate One Defendants") to respond to the Seventh Amended Complaint is hereby SO ORDERED. The Ultimate One Defendants shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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SCHEDULING ORDER: The show cause hearing between plaintiffs and the defendants named in the Order to Show Cause of 12/28/12 #290 previously scheduled for tomorrow, 1/11/13 at 2:30 PM, shall hereby instead take place at 1:00 PM. Any defendant which has already stipulated with plaintiffs to the entry of a preliminary injunction need not appear. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #322 extending deadline for Defendants Donna Roman and Flexopack to File Answering Papers in Response to the Order to Show Cause is hereby SO ORDERED. Accordingly, the restraints imposed by Order to Show Cause #290 are extended as to defendants Donna Roman and Flexopack until 1/29/13 at 2:00 PM, at which time Donna Roman and Flexopack shall appear before this court for a show cause hearing. Defendants Donna Roman and Flexopack's opposition to the entry of a preliminary injunction shall be filed with the court no later than 1/18/13 at 12:00 PM EST; plaintiffs' reply shall be filed with the court no later than 1/24/13 at 12:00 PM EST. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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SCHEDULING ORDER: The court hereby confirms that in light of every defendant that was due to appear for a show cause hearing tomorrow, 1/11/13, having stipulated with plaintiffs to an extension of the applicable Temporary Restraining Order / Order to Show Cause, tomorrow's 1:00 PM show cause hearing is adjourned until 1/29/13 at 2:00 PM. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION #319 re. Order to Show Cause #290 extending the deadline for Juan Romero Gutierrez to file answering papers is hereby SO ORDERED. Accordingly, the restraints imposed by Order to Show Cause #290 are extended as to defendants Juan Romero Gutierrez, Nutrition Private Label, Inc., and Advanced Nutraceutical Manufacturing, LLC (the "RomeroDefendants") until 1/29/13 at 2:00 PM, at which time the Romero Defendants shall appear before this court for a show cause hearing. The Romero Defendants' opposition to the entry of a preliminary injunction shall be filed with the court no later than 1/18/13 at 12:00 PM EST; plaintiffs' reply shall be filed with the court no later than 1/24/13 at 12:00 PM EST. Plaintiffs are directed to serve counsel for the Romero Defendants with a copy of this order via mail or email and file proof of service via ECF no later than today, 1/10/13. Counsel for the Romero Defendants is directed to file an appearance in this matter as soon as possible. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #320 extending deadline for Defendants Moa Trading. Inc. and Mark K. Lee to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Moa Trading. Inc. and Mark K. Lee shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #318 extending deadline for Defendant Top Choice Trading USA, Inc. to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant Top Choice Trading USA, Inc. shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/10/2013. (Beauchamp, Peter)
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Filing 317
STIPULATION and (Proposed) Order extending the deadline for Defendant 7-Eleven Store #23407 to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 316
STIPULATION and (Proposed) Order extending the deadline for Defendant 7-Eleven Store #11181 to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 315
Letter withdrawing Plaintiffs' request that the Court "So Order" the Stipulated Preliminary Injunction between Living Essentials and Defendant Walid Jamil (See Docket No. 312) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 314
SCHEDULING ORDER: Initial Conference set for 3/4/2013 at 12:00 PM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Magistrate Judge Roanne L. Mann on 1/9/2013. (Maynard, Pat)
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Filing 313
STIPULATION re #291 Amended Complaint, the time for Capital Sales Company to answer or otherwise respond is extended to February 8, 2013 by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 312
Letter reagrding the Stipulated Preliminary Injunction between Living Essentials and Defendant Walid Jamil by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit A) (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION #313 extending the time for defendant Capital Sales Company to answer or otherwise respond to the Seventh Amended Complaint until February 8, 2013 is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 1/9/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #316 extending the deadline for Defendant 7-Eleven Store #11181 to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant 7-Eleven Store #11181 shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/9/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #317 extending the deadline for Defendant 7-Eleven Store #23407 to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant 7-Eleven Store #23407 shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/9/2013. (Beauchamp, Peter)
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Filing 311
STIPULATION and (Proposed) Order extending the deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 310
STIPULATION and (Proposed) Order extending deadline for Defendant Brothers Trading Co., Inc. to answer or otherwise respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 309
ANSWER to #291 Amended Complaint, by Juan Romero Gutierrez. (Brucella, Michelle)
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Filing 308
NOTICE of Appearance by Vincent A. Nagler on behalf of Richmond Wholesale Company, Inc. (aty to be noticed) (Nagler, Vincent)
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Filing 307
NOTICE of Appearance by Vincent A. Nagler on behalf of Saquib Khan (aty to be noticed) (Nagler, Vincent)
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STIPULATION AND ORDER: STIPULATION and Order #310 extending deadline for Defendant Brothers Trading Co., Inc. to answer or otherwise respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant Brothers Trading Co., Inc. shall now answer or otherwise respond to the Seventh Amended Complaint by 3/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/8/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #311 extending the deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Richmond Wholesale Company, Inc. and Saquib Kahn shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/8/2013. (Beauchamp, Peter)
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Filing 306
STIPULATION and (Proposed) Order extending deadline for Defendants Leslie Roman, Donna Roman, and Flexopack to answer or otherwise respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 305
STIPULATION and (Proposed) Order extending deadline for Defendants MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp., Mario Ramirez, Camilo Ramirez, and Naftaunited.com (collectively, the "MCR" Defendants") to answer or otherwise respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 304
STIPULATION and (Proposed) Order extending deadline for Defendants Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 303
STIPULATION and (Proposed) Order extending deadline for Defendants Food Distributors International, Inc. and Scott Tilbrook to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 302
STIPULATION and (Proposed) Order extending deadline for Defendant Purity Wholesale Grocers, Inc. to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 301
STIPULATION and (Proposed) Order extending deadline for Defendants Excel Wholesale Distributors, Inc. and Farid Tursonzadah to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 300
MOTION for Extension of Time to File Answer re #291 Amended Complaint, by Core-Mark International, Inc.. (Singer, Randi)
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STIPULATION AND ORDER: STIPULATION and Order #301 extending deadline for Defendants Excel Wholesale Distributors, Inc. and Farid Tursonzadah to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Excel Wholesale Distributors, Inc. and Farid Tursonzadah shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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ORDER granting #300 Motion for Extension of Time to Answer: With the consent of plaintiffs, defendant Core-Mark International shall now have until 3/11/13 to answer or otherwise respond to the Seventh Amended Complaint. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #305 extending deadline for Defendants MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp., Mario Ramirez, Camilo Ramirez, and Naftaunited.com (collectively, the "MCR Defendants") to answer or otherwise respond to the Seventh Amended Complaint is hereby SO ORDERED. The MCR Defendants shall now answer or otherwise respond to the Seventh Amended Complaint by 2/14/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #302 extending deadline for Defendant Purity Wholesale Grocers, Inc. to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendant Purity Wholesale Grocers, Inc. shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #304 extending deadline for Defendants Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Tradeway International, Inc. d/b/a Baja Exporting, Joseph Shayota and Adriana Shayota shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #303 extending deadline for Defendants Food Distributors International, Inc. and Scott Tilbrook to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Food Distributors International, Inc. and Scott Tilbrook shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #306 extending deadline for Defendants Leslie Roman, Donna Roman, and Flexopack to answer or otherwise respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Leslie Roman, Donna Roman, and Flexopack shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/7/2013. (Beauchamp, Peter)
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Filing 299
STIPULATION and (Proposed) Order extending deadline for Defendants Baseline Distribution, Inc. and David Flood to respond to the Seventh Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 298
STIPULATION AND ORDER by Joseph Sevany, Universal Wholesale, Inc. (McKnight, Megan)
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STIPULATION AND ORDER: Stipulation and Order #298 between plaintiffs and defendants Joseph Sevany and Universal Wholesale, Inc. is hereby SO ORDERED. Defendants Joseph Sevany and Universal Wholesale, Inc. shall now answer or otherwise respond to the Seventh Amended Complaint by 3/6/13. Ordered by Judge Kiyo A. Matsumoto on 1/4/2013. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #299 extending deadline for Defendants Baseline Distribution, Inc. and David Flood to respond to the Seventh Amended Complaint is hereby SO ORDERED. Defendants Baseline Distribution, Inc. and David Flood shall now answer or otherwise respond to the Seventh Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 1/4/2013. (Beauchamp, Peter)
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Filing 297
STIPULATION and Order by Naftaunited.com (Giller, Ronald)
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Filing 296
NOTICE of Appearance by Ronald A. Giller on behalf of Naftaunited.com (aty to be noticed) (Giller, Ronald)
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Filing 295
NOTICE of Appearance by Daniel Jason DiMuro on behalf of Naftaunited.com (aty to be noticed) (DiMuro, Daniel)
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STIPULATION AND ORDER. STIPULATION #297 between Plaintiffs and Defendant Naftaunited.com is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 1/3/2013. (Tolentino, Raymond)
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STIPULATION AND ORDER. STIPULATION #294 Extending the Temporary Restraining Order and Deadline for Defendant CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. Pursuant to joint stipulation #294 , the deadline for CVS to file an opposition to a preliminary injunction is hereby extended until 12:00 PM on 2/8/2013; plaintiffs' reply papers shall be filed by 12:00 PM on 2/22/2013. The Temporary Restraining Order against CVS shall remain in effect until plaintiffs and CVS appear before the court for a show cause hearing to be scheduled at a later date. Ordered by Judge Kiyo A. Matsumoto on 1/3/2013. (Tolentino, Raymond)
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Filing 294
STIPULATION Extending the Temporary Restraining Order Against CVS and the Deadline for CVS Pharmacy, Inc. to File Opposition Papers with Respect to Plaintiffs' Motion for a Preliminary Injunction by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 293
AMENDED Summons Issued as to Advanced Nutraceutical Manufacturing, LLC, Akshar Services, LLC, Flexopack, Juan Romero Gutierrez, Mike Wholesale, Naftaunited.com, Nutrition Private Label, Inc., Donna Roman. (Brucella, Michelle)
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Filing 292
Temporary Restraining Order BOND in the amount of $ 50,000 posted by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 291
AMENDED COMPLAINT (Seventh Amended Complaint) against Flexopack, Donna Roman, Naftaunited.com, Juan Romero Gutierrez, Advanced Nutraceutical Manufacturing, LLC, Nutrition Private Label, Inc., Akshar Services, LLC, Mike Wholesale, filed by International IP Holdings LLC, Innovation Ventures, LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Geoffrey)
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Filing 290
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Show Cause Hearing set for 1/11/2013 at 2:30 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. See document for further details. Ordered by Judge Kiyo A. Matsumoto on 12/28/2012. (Chee, Alvin) (Additional attachment(s) added on 12/28/2012: #1 3_Exhibits to the Declaration of Geoffrey Potter re Flexopack Romero_Part1, #2 3_Exhibits to the Declaration of Geoffrey Potter re Flexopack Romero_Part2, #3 3_Exhibits to the Declaration of Geoffrey Potter re Flexopack Romero_Part3) (Marziliano, August).
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ORDER granting #289 Motion for Leave to Appear Pro Hac Vice: Attorney Gordon J. Zuiderweg is hereby permitted to appear before this court pro hac vice on behalf of defendant Leslie Roman, upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 12/28/2012. (Beauchamp, Peter)
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Filing 289
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5918182. by Leslie Roman. (Zuiderweg, Gordon)
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STIPULATION AND ORDER: STIPULATION to Preliminary Injunction #288 between Plaintiffs and Defendant Quality King Distributors, Inc. is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 12/27/2012. (Beauchamp, Peter)
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Filing 288
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendant Quality King Distributors, Inc. by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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STIPULATION AND ORDER: STIPULATION AND ORDER #287 Extending Time of Defendants Steerforth Trading, Inc. and Isaac Anzaroot To Answer or Respond to Plaintiffs' Sixth Amended Complaint is hereby SO ORDERED. Defendants Steerforth Trading, Inc. and Isaac Anzaroot shall now answer or otherwise respond to the Sixth Amended Complaint by 2/18/13. Ordered by Judge Kiyo A. Matsumoto on 12/21/2012. (Beauchamp, Peter)
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Filing 287
STIPULATION AND ORDER Extending Time of Defendants Steerforth Trading, Inc. and Isaac Anzaroot To Answer or Respond to Plaintiffs' Sixth Amended Complaint by Isaac Anzaroot, Steerforth Trading, Inc (Goldberg, Zachary)
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Filing 286
NOTICE of Appearance by Zachary S. Goldberg on behalf of Isaac Anzaroot, Steerforth Trading, Inc (aty to be noticed) (Goldberg, Zachary)
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Filing 285
STIPULATION and (Proposed) Order extending deadline for Defendant Leslie Roman to respond to the Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 284
STIPULATION and (Proposed) Order extending deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn (collectively, the "Richmond Defendants") to answer the Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 283
Letter regarding the stipulation between plaintiffs and the Richmond Defendants by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 282
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Joseph Shayota, Adriana Shayota, and Tradeway Int'l Inc. d/b/a Baja Exporting (collectively, the "Tradeway Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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STIPULATION AND ORDER: STIPULATION #281 extending the time for Defendant Purity Wholesale Grocers, Inc. ("Purity") to answer the Sixth Amended Complaint is hereby SO ORDERED. Purity shall now answer or otherwise respond to the Sixth Amended Complaint by 1/15/13. Ordered by Judge Kiyo A. Matsumoto on 12/19/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION #280 extending the time for Defendants Food Distributors International, Inc. ("FDI") and Scott Tilbrook to answer the Sixth Amended Complaint is hereby SO ORDERED. Defendants FDI and Scott Tilbrook shall now answer or otherwise respond to the Sixth Amended Complaint by 1/15/13. Ordered by Judge Kiyo A. Matsumoto on 12/19/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #285 extending deadline for Defendant Leslie Roman to respond to the Sixth Amended Complaint is hereby SO ORDERED. Defendant Leslie Roman shall now answer or otherwise respond to the Sixth Amended Complaint by 1/23/13. Ordered by Judge Kiyo A. Matsumoto on 12/19/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #284 extending deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn (collectively, the "Richmond Defendants") to answer the Sixth Amended Complaint is hereby SO ORDERED. Richmond Defendants shall now answer or otherwise respond to the Sixth Amended Complaint by 1/11/13. Ordered by Judge Kiyo A. Matsumoto on 12/19/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION to Preliminary Injunction #282 between Plaintiffs and Defendants Joseph Shayota, Adriana Shayota, and Tradeway Int'l Inc. d/b/a Baja Exporting (collectively, the "Tradeway Defendants") is hereby SO ORDERED. Exhibit A to Stipulation #282 is considered incorporated. Stipulation and Order #282 hereby supersedes paragraphs 1, 4, 6, and 8 of the court's November 30, 2012 Order Granting Preliminary Injunction #191 as it relates to the Tradeway Defendants only. Ordered by Judge Kiyo A. Matsumoto on 12/19/2012. (Beauchamp, Peter)
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Filing 281
STIPULATION extending the time for Defendant Purity Wholesale Grocers, Inc. to answer the Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 280
STIPULATION extending the time for Defendants Food Distributors International, Inc. and Scott Tilbrook to answer the Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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ORDER as to Defendant Quality King Distributions, Inc. ("QKD"): Upon the consent of plaintiffs and defendant QKD, and based on the fact that the parties have reached an agreement-in-principle as to a preliminary injunction, as documented in joint letter #279 , the TRO is hereby extended as to defendant QKD until 12/26/12, by which date the parties are to submit their stipulation and proposed order as to a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 12/18/2012. (Beauchamp, Peter)
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ORDER re. STIPULATION and Proposed Order #278 extending deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn to file answering papers: Because defendants Richmond Wholesale and Saquib Kahn were originally scheduled to appear before the court for a show cause hearing on 11/19/12, plaintiffs and defendants are directed to file an amended stipulation and proposed order which explicitly requests that the TRO be extended as to defendants nunc pro tunc, and which also includes why good cause exists to grant that extension. Ordered by Judge Kiyo A. Matsumoto on 12/18/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #277 Extending Time to Answer Sixth Amended Complaint by Valero Retail Holdings, Inc. is hereby SO ORDERED. Defendant Valero Retail Holdings, Inc. shall now answer or otherwise respond to the Sixth Amended Complaint by 1/17/13. Ordered by Judge Kiyo A. Matsumoto on 12/18/2012. (Beauchamp, Peter)
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Filing 279
Letter regarding the status of the preliminary injunction against Defendant Quality King by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 278
STIPULATION and Proposed Order extending deadline for Defendants Richmond Wholesale Company, Inc. and Saquib Kahn to file answering papers by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 277
STIPULATION and Proposed Order Extending Time to Answer Sixth Amended Complaint by Valero Retail Holdings, Inc. (Jacobs, Hara)
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Filing 276
NOTICE of Appearance by Martin I. Saperstein on behalf of Purity Wholesale Grocers, Inc. (aty to be noticed) (Saperstein, Martin)
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Filing 275
NOTICE of Appearance by Stanley R. Goodman on behalf of Purity Wholesale Grocers, Inc. (aty to be noticed) (Goodman, Stanley)
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STIPULATION AND ORDER: STIPULATION and Order #274 by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Camilo Ramirez, and Mario Ramirez (collectively, "MCR defendants") is hereby SO ORDERED. The MCR defendants shall now answer or otherwise respond to the Sixth Amended Complaint by 2/14/13. Ordered by Judge Kiyo A. Matsumoto on 12/17/2012. (Beauchamp, Peter)
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Filing 274
STIPULATION and Order by MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Camilo Ramirez, Mario Ramirez (DiMuro, Daniel)
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Filing 273
STIPULATION and Order for Extension of Time in Which to Answer or Plead by Capital Sales Company, Ltd (Thome, James)
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Filing 272
NOTICE of Appearance by James K. Thome on behalf of Capital Sales Company, Ltd (notification declined or already on case) (Thome, James)
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Filing 271
STIPULATION re #185 Amended Complaint by Elegant Trading, Inc (Jensen, J.)
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STIPULATION AND ORDER: STIPULATION #267 extending the time for Defendant Victory Wholesale to answer the Sixth Amended Complaint is hereby SO ORDERED. Defendant Victory Wholesale shall now answer or otherwise respond to the Sixth Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 12/14/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION #271 re. Amended Complaint by Elegant Trading, Inc. is hereby SO ORDERED. Defendant Elegant Trading, Inc. shall now answer or otherwise respond to the Sixth Amended Complaint by 2/8/13. Ordered by Judge Kiyo A. Matsumoto on 12/14/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #273 for Extension of Time in Which to Answer or Plead is hereby SO ORDERED. Defendant Capital Sales Company, Ltd shall now answer or otherwise respond to the Sixth Amended Complaint by 1/14/13. Ordered by Judge Kiyo A. Matsumoto on 12/14/2012. (Beauchamp, Peter)
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Filing 270
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendant One Stop Label Corporation by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 269
NOTICE of Change of office adress of Stanley R. Gooodman, Esq. by Stanley R. Goodman (Goodman, Stanley)
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Filing 268
NOTICE of Change of office adress of Stanley R. Goodman, Esq. by Stanley R. Goodman (Goodman, Stanley)
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Filing 267
STIPULATION extending the time for Defendant Victory Wholesale to answer the Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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STIPULATION AND ORDER: STIPULATION to Preliminary Injunction #270 between Plaintiffs and Defendant One Stop Label Corporation is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 12/13/2012. (Beauchamp, Peter)
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SCHEDULING ORDER: The court hereby confirms that in light of every defendant that was due to appear for a show cause hearing tomorrow, 12/14/12, having stipulated with plaintiffs to either the entry of a Preliminary Injunction or an extension of the applicable Temporary Restraining Order / Order to Show Cause, tomorrow's 10:00 AM show cause hearing is canceled. Ordered by Judge Kiyo A. Matsumoto on 12/13/2012. (Beauchamp, Peter)
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Email Notification Test - DO NOT REPLY (Chee, Alvin)
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STIPULATION AND ORDER: STIPULATION and Order #262 Adjourning the Show Cause Hearing between Plaintiffs and Defendant Leslie Roman is hereby SO ORDERED. Defendant Roman shall now file opposition papers by 12:00 PM on 1/16/13; plaintiffs shall file their reply papers by 12:00 PM on 1/23/13; and the parties shall appear before the court for a Show Cause Hearing on 1/29/13 at 2:00 PM. Pursuant to the parties' agreement, the restraints imposed upon Defendant Roman by the Order to Show Cause shall remain in effect until 1/29/13. Ordered by Judge Kiyo A. Matsumoto on 12/12/2012. (Beauchamp, Peter)
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Filing 266
STIPULATION and Order Extending Time to Respond by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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Filing 265
STIPULATION and (Proposed) Order by Joseph Sevany, Universal Wholesale, Inc. (McKnight, Megan) Modified on 12/11/2012 (Beauchamp, Peter).
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Filing 264
STIPULATION and (Proposed) Order extending the time for the Midwest Defendants to answer or otherwise respond to Plaintiffs' Sixth Amended Complaint by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 263
STIPULATION and (Proposed) Order by Joseph Sevany, Universal Wholesale, Inc. (Mattieson, Chiara) Modified on 12/11/2012 (Beauchamp, Peter).
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Filing 262
STIPULATION and (Proposed) Order Adjourning the Show Cause Hearing between Plaintiffs and Defendant Leslie Roman by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 261
Notice of MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5891403. by Capital Sales Company, Ltd. (Connaughton, Timothy)
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Filing 260
STIPULATION AND ORDER to Preliminary Injunction between Plaintiffs and Defendant Raid "Brian" Jamil Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Williams-Jackson, Sandra) Modified on 12/11/2012 (Beauchamp, Peter).
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Filing 259
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Shah Distributors, Inc. and Arvind Shah (collectively, the "Shah Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 258
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendant Raid "Brian" Jamil by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 257
Letter to Judge Regarding Confirmation of Seizure by Walid Jamil (Paesano, Anthony)
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Filing 256
STIPULATION AND ORDER re #242 Stipulation, filed by Living Essential, LLC, International IP Holdings LLC, Innovation Ventures, LLC Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Williams-Jackson, Sandra)
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Filing 255
MOTION for Extension of Time to File Answer re #185 Amended Complaint (Sixth Amended Complaint) by Core-Mark International, Inc.. (Singer, Randi)
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ORDER granting #255 Motion for Extension of Time to Answer: With plaintiffs' consent, the deadline for defendant Core-Mark International, Inc. to answer or otherwise respond to the Sixth Amended Complaint is hereby extended until 1/11/13. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #254 Adjourning the Show Cause Hearing between Plaintiffs and Defendant Adriana Shayota is hereby SO ORDERED. Pursuant to the parties' agreement, the restraints imposed by the Order to Show Cause shall remain in effect as to defendant Adriana Shayota until the adjourned show cause hearing on 1/29/13 at 2:00 PM. Plaintiffs shall now file their reply to the entry of a preliminary injunction no later than 12:00 PM on 1/23/13. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 12/11/2012 with plaintiffs and defendant Raid "Brian" Jamil. Appearances: Geoffrey Potter, Tom Kurland, and Jonah Knobler for plaintiffs; Anthony Paesano for defendant Brian Jamil (as well as defendants Midwest Wholesale, Walid Jamil, and Justin Shayota). A telephone conference was convened by the court to discuss Brian Jamil's allegedly defective service. The parties reported that they are exchanging draft stipulations which they hope will resolve the question of Brian Jamil's service, as well as the entry of a preliminary injunction against him. However, for the time being and in the absence of a finalized agreement between the parties, a show cause hearing remains scheduled for tomorrow, 12/12/12 at 2:30 PM. The parties additionally reported that, pursuant to joint letter #257 Regarding Confirmation of Seizure by Walid Jamil, defendant Walid Jamil has withdrawn his request for a hearing tomorrow as to plaintiffs' alleged violation of the 11/13/12 seizure order. Accordingly, the parties stipulate: (1) to confirmation of the 11/13/12 seizure order pursuant to 15 U.S.C. section 1116(d)(10); and (2) to meet and confer regarding the application of search terms to the electronically stored information that was seized from the Walid Jamil family residence. Finally, the parties reported that they will negotiate an extension of today's deadline for defendants Midwest Wholesale, Walid Jamil, Justin Shayota, and Brian Jamil to answer or otherwise respond to the complaint. (Beauchamp, Peter)
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SCHEDULING ORDER: The court hereby confirms that in light of every defendant that was due to appear for a show cause hearing tomorrow, 12/12/12, having stipulated with plaintiffs to either the entry of a Preliminary Injunction or an extension of the applicable Temporary Restraining Order / Order to Show Cause, tomorrow's 2:30 PM show cause hearing is canceled. Furthermore, plaintiffs and those defendants which are currently subject to either a stipulated or court-mandated Preliminary Injunction are hereby directed to address any future discovery disputes to the Honorable Magistrate Judge Roanne L. Mann. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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ORDER granting #261 Motion for Leave to Appear Pro Hac Vice. Timothy J. Connaughton is hereby permitted to appear before this court pro hac vice on behalf of defendants Capital Sales Comp, upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Williams-Jackson, Sandra)
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STIPULATION AND ORDER: STIPULATION and Order #265 by Joseph Sevany, Universal Wholesale, Inc. is hereby SO ORDERED. Defendants Joseph Sevany and Universal Wholesale, Inc. (collectively, "Universal Defendants") shall now answer or otherwise respond to the Sixth Amended Complaint by 1/14/13. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #264 extending the time for the Midwest Defendants to answer or otherwise respond to Plaintiffs' Sixth Amended Complaint is hereby SO ORDERED. Defendants Walid Jamil, Raid "Brian" Jamil, Justin Shayota, and Midwest Wholesale Distributors (collectively, the "Midwest Defendants") shall now answer or otherwise respond to the Sixth Amended complaint by 3/11/13. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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STIPULATION AND ORDER: STIPULATION and Order #266 Extending Time to Respond is hereby SO ORDERED. Defendants Adriana Shayota, Joseph Shayota, and Tradeway International d/b/a Baja Exporting (collectively, "Tradeway Defendants") shall now answer or otherwise respond to the Sixth Amended Complaint by 1/11/13. Ordered by Judge Kiyo A. Matsumoto on 12/11/2012. (Beauchamp, Peter)
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Filing 254
STIPULATION and (Proposed) Order Adjourning the Show Cause Hearing between Plaintiffs and Defendant Adriana Shayota by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 253
Letter regarding the status of the preliminary injunction against Defendant Quality King Distributors by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 252
Letter regarding the day-to-day living expenses of Defendant Walid Jamil by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Geoffrey)
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Filing 251
Letter in response to Raid "Brian" Jamil's letter of December 10, 2012 (Docket No. 245) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (Potter, Geoffrey)
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Filing 250
Letter to Judge Regarding Living Expenses by Walid Jamil (Paesano, Anthony)
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Filing 249
Letter to Judge Regarding Motion to Dismiss by Raid Jamil, Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Paesano, Anthony)
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Filing 248
NOTICE of Appearance by Michael Barton on behalf of Joseph Sevany, Universal Wholesale, Inc. (notification declined or already on case) (Barton, Michael)
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Filing 247
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5888159. by Capital Sales Company, Ltd. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order for Admission) (Thome, James)
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Filing 246
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Trimexico, Inc. and JT Wholesale, Inc. on 11/28/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 245
Letter to Judge regarding Hearing on Motion for Preliminary Injunction by Raid Jamil (Paesano, Anthony)
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Filing 244
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Leslie Roman on 12/03/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 243
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on One Stop Label Corporation on 12/03/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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ORDER re. Stipulation and Proposed Order #240 as to defendant Leslie Roman and #241 as to defendant Adriana Shayota: In order for the court to approve an extension of a temporary restraining order ("TRO"), Federal Rule of Civil Procedure 65(b)(2) requires a showing of good cause. Therefore, plaintiffs and counsel for defendants Leslie Roman and Adriana Shayota are hereby directed to submit amended Stipulations and Proposed Orders detailing the reasons that they are stipulating to extensions of the TRO. Additionally, the court is disinclined to grant an indefinite extension of the TRO as to Adriana Shayota; therefore, counsel are directed to set forth firm dates as to opposition papers and a deadline for the TRO. With regard to the dates proposed as to Leslie Roman, the court would suggest a show cause hearing / control date for the TRO of 1/29/13 at 2:00 PM. Ordered by Judge Kiyo A. Matsumoto on 12/10/2012. (Beauchamp, Peter)
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ORDER granting #247 Motion for Leave to Appear Pro Hac Vice: Attorney James K. Thome is hereby permitted to appear before this court pro hac vice on behalf of defendant Capital Sales Company, upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 12/10/2012. (Beauchamp, Peter)
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ORDER as to Defendant Quality King Distributions, Inc. ("QKD"): Upon the consent of plaintiffs and defendant QKD, as documented in joint letter #253 , the TRO is hereby extended as to defendant QKD until 12/17/12, by which date the parties are to submit a further joint status report as to their efforts to agree upon a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 12/10/2012. (Beauchamp, Peter)
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ORDER re. letter #250 Regarding Living Expenses by defendant Walid Jamil: Defendant Walid Jamil is hereby ordered to submit documentary materials in support of his request for living expenses in the amount of $10,000 per month. Such materials should include, but are not necessarily limited to, proof of rent or mortgage obligations, vehicle or travel expenses, and other specific personal and family financial obligations. Ordered by Judge Kiyo A. Matsumoto on 12/10/2012. (Beauchamp, Peter)
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Filing 242
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Walid Jamil, JT Wholesale Inc., and Trimexico, Inc. (collectively, the "Jamil Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 241
STIPULATION and (Proposed) Order Adjourning the Show Cause Hearing between Plaintiffs and Defendant Adriana Shayota by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 240
STIPULATION and (Proposed) Order Extending the Deadline for Leslie Roman to File Answering Papers in Response to the Order to Show Cause by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 239
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Purity Wholesale Grocers, Inc. on 11/23/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 238
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Capital Sales Company, LTD on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 237
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Steerforth Trading, Inc., a/k/a Steer Forth Trading, Inc. on 11/28/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 236
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Shah Distributors, Inc. on 11/28/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 235
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on MCR Printing and Packaging Corp. on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 234
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Mario Ramirez on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 233
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Isaac Anzeroot on 11/28/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 232
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Tradeway International, Inc. d/b/a Baja Exporting on 11/26/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 231
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Arvind Shah on 11/28/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 230
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Raid Jamil on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 229
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on MCR Innovations and Packaging, Inc. on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 228
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Camilo Ramirez on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 227
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Adriana Shayota on 11/27/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 226
Letter dated December 7, 2012 from Howard J. Shire to Hon. Matsumoto by CVS Caremark Corp. (Grant, Natasha)
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Filing 225
NOTICE of Appearance by Natasha Sardesai Grant on behalf of CVS Caremark Corp. (aty to be noticed) (Grant, Natasha)
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STIPULATION AND ORDER: STIPULATION and Proposed Order #218 Extending the Deadline for Defendant CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. Pursuant to joint stipulation #218 , the deadline for CVS to file opposition to a preliminary injunction is hereby extended until 12:00 PM on 1/4/13; plaintiffs' reply papers shall be filed by 12:00 PM on 1/9/13. Further, the deadline for CVS to answer or otherwise respond to the complaint is hereby extended until 1/11/13. Pursuant to CVS's letter #226 , the temporary restraining order shall remain in effect as against CVS through the above briefing schedule. In the event that plaintiffs and CVS have not reached an alternative agreement by 12:00 PM on 1/4/13, the court will schedule an order to show cause for preliminary injunction hearing. Ordered by Judge Kiyo A. Matsumoto on 12/7/2012. (Beauchamp, Peter)
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Filing 224
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5883201. by Joseph Sevany, Universal Wholesale, Inc.. (Mattieson, Chiara)
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Filing 223
Letter To Withdraw Request For A Hearing by Food Distributers International, Inc (Goodman, Stanley)
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Filing 222
MEMORANDUM in Opposition TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by Adriana Shayota. (Attachments: #1 Declaration of Adriana Shayota, #2 of David Greeley) (Greeley, David)
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Filing 221
MEMORANDUM in Opposition to Plaintiff's Memorandum of Law in support of Plaintiff's Order to Show Cause for Temporary Restraining Order filed by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota. (Defilippis, Danielle)
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ORDER re. Letter #223 To Withdraw Request For A Hearing by Food Distributors International, Inc.: The court hereby confirms that, pursuant to Stipulation to Preliminary Injunction #214 , defendants Food Distributors International, Inc. and Scott Tilbrook are not expected to appear before the court for a show cause hearing on 12/14/12 at 10:00 AM. Ordered by Judge Kiyo A. Matsumoto on 12/6/2012. (Beauchamp, Peter)
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ORDER granting #224 Motion for Leave to Appear Pro Hac Vice. Michael Barton is hereby permitted to appear before this court pro hac vice on behalf of defendants Defendants Universal Wholesale, Inc and Joseph Sevany,Sr.. a.k.a. Joe Zaitouna, upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 12/6/2012. (Williams-Jackson, Sandra)
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ORDER: All parties to this action are reminded that, pursuant to Rule II. A. of Judge Matsumoto's Chambers Practices (which are available on the Eastern District of New York website), two full sets of courtesy copies shall be sent to chambers, via mail or hand-delivery, for all motions exceeding five pages, including exhibits. Ordered by Judge Kiyo A. Matsumoto on 12/6/2012. (Beauchamp, Peter)
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Filing 220
NOTICE of Appearance by Stephen J. Kressel on behalf of Excel Wholesale Distributors, Inc. (notification declined or already on case) (Kressel, Stephen)
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Filing 219
ANSWER to #144 Amended Complaint by Shah Distributors, Inc. (Davis, Brian)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference held on 12/5/2012. Appearances: Geoffrey Potter, Tom Kurland, and Jonah Knobler for plaintiffs; Anthony Paesano for defendants Walid Jamil, Justin Shayota, Brian Jamil, and Midwest Wholesale Distributors (collectively, "Midwest Defendants"). The court discussed with the parties the Midwest Defendants' prospective motion to dismiss for lack of personal jurisdiction, as well as the Midwest Defendants' contention that plaintiffs violated the court's 11/13/12 seizure order. Regarding the prospective motion to dismiss, counsel for Midwest Defendants shall file a status letter with the court after he has further conferred with plaintiffs' counsel and his clients. Regarding plaintiffs' alleged violation of the 11/13/12 seizure order, the court will hold an evidentiary hearing on 12/12/12, immediately following the show cause hearing scheduled for 2:30 PM EST on that same date. Plaintiffs and Midwest Defendants are ordered to submit a joint letter to the court regarding the status and planned scope of this evidentiary hearing no later than 2:00 PM EST on 12/11/12. (Beauchamp, Peter)
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ORDER re. STIPULATION and (Proposed) Order #218 Extending the Deadline for Defendant CVS Caremark Corporation to File Answering Papers: Defendant CVS Caremark is hereby ordered to inform the court by letter filed on ECF whether: (1)it consents to an extension of the TRO against it until a date certain in the future; and (2) whether the parties would like the court to set a new show cause hearing as to CVS Caremark for after the briefing dates proposed by the parties, or if they instead intend to schedule the hearing only in the event the parties do not first reach an alternative agreement. Ordered by Judge Kiyo A. Matsumoto on 12/5/2012. (Beauchamp, Peter)
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Filing 218
STIPULATION and (Proposed) Order Extending the Deadline for Defendant CVS Caremark Corporation to File Answering Papers by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 217
Letter regarding consent to proposed extension of the TRO by Quality King Distributions, INC (Viola, Anthony)
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Filing 216
ANSWER to #26 Amended Complaint THIRD by Sulaiman S. Aamir, Delta Distribution Services Corp., Empire Trade Wholesaler Corp.. (Berkowitz, Jess)
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Filing 215
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC re #210 Stipulation, Order,, (Weinberg, Jeremy)
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Filing 214
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Food Distributors International Inc. and Scott Tilbrook (collectively, the "FDI Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 213
NOTICE of Appearance by Danielle Marie Defilippis on behalf of Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (notification declined or already on case) (Defilippis, Danielle)
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Filing 212
NOTICE of Appearance by Danielle Marie Defilippis on behalf of Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (notification declined or already on case) (Defilippis, Danielle)
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Filing 211
Letter MOTION to Adjourn Conference set for 5:00 p.m. today by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 210
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants Steerforth Trading, Inc. (a/k/a Steer Forth Trading, Inc.) and Isaac Anzaroot (collectively, the "Steerforth Defendants") by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 209
Letter in response to 12/01/2012 letter of Midwest Defendants (Dkt. No. 201) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Sprague Declaration, #2 Addona Declaration, #3 Cairl Declaration, #4 Ryan Declaration, #5 Aliotta Declaration) (Potter, Geoffrey)
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ORDER re. #208 Letter regarding the status of the preliminary injunction against Defendant Quality King Distributors: Defendant Quality King Distributors is hereby ordered to inform the court by letter filed on ECF no later than today, 12/4/12, whether or not it consents to extending the TRO against it until 12/10/12. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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SCHEDULING ORDER: A telephone conference between the court, plaintiffs, and defendant Walid Jamil is hereby scheduled for today, 12/4/12, at 5:00 PM EST. Plaintiffs' counsel is directed to initiate the conference and to call into chambers at (718) 613-2180 once all parties are on the line. The parties should be prepared to discuss: (1) defendant Walid Jamil's prospective motion to dismiss for lack of personal jurisdiction; and (2) the "Midwest Defendants'" argument that plaintiffs violated the court's seizure order of 11/13/12. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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ORDER as to Defendant Quality King Distributions, Inc. ("QKD"): Upon the consent of plaintiffs #208 and defendant QKD #217 , the TRO is hereby extended as to defendant QKD until 12/10/12, by which date the parties are to submit a further joint status report as to their efforts to agree upon a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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ORDER: STIPULATION to Preliminary Injunction #214 between Plaintiffs and Defendants Food Distributors International Inc. and Scott Tilbrook (collectively, the "FDI Defendants") is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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ORDER granting #211 Motion to Adjourn Conference: Due to the unavailability of plaintiffs' counsel today at 5:00 PM EST, the telephone conference with plaintiffs and defendant Walid Jamil is hereby rescheduled for tomorrow, 12/5/12, at 12:30 PM EST. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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ORDER: STIPULATION to Preliminary Injunction #210 between Plaintiffs and Defendants Steerforth Trading, Inc. (a/k/a Steer Forth Trading, Inc.) and Isaac Anzaroot (collectively, the "Steerforth Defendants") is hereby SO ORDERED. Counsel for Steerforth Defendants is directed to file an appearance in this action as soon as possible. Plaintiffs' counsel is directed to serve a copy of this order upon counsel for Steerforth Defendants via mail or email, and then file proof of service on ECF no later than tomorrow, 12/5/12. Ordered by Judge Kiyo A. Matsumoto on 12/4/2012. (Beauchamp, Peter)
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Filing 208
Letter regarding the status of the preliminary injunction against Defendant Quality King Distributors by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 207
NOTICE of Appearance by Gregory Vega on behalf of Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (notification declined or already on case) (Vega, Gregory)
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Filing 206
NOTICE of Appearance by James Renfro Thompson on behalf of Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (notification declined or already on case) (Thompson, James)
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Filing 205
NOTICE of Appearance by Kathryn Quarles on behalf of Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (notification declined or already on case) (Quarles, Kathryn)
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Filing 203
Letter in response to 11/30/2012 letter of Midwest Defendants (Dkt. No. 199) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Geoffrey)
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Filing 202
Temporary Restraining Order (11/30/2012) BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 201
Letter Supplemental Letter to Judge Matsumoto regarding Seizure Order by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Defilippis, Danielle)
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Filing 204
Summons Issued as to One Stop Label Corporation, Leslie Roman. (Brucella, Michelle)
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Filing 200
Letter to Judge Kiyo A. Matsumoto re Jursidiction by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Defilippis, Danielle)
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Filing 199
Letter re Request for pre-motion conference by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (Defilippis, Danielle)
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Filing 198
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5872164. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Vega, Gregory)
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Filing 197
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5872122. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Thompson, James)
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Filing 196
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5872023. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit, #2 Proposed Order, #3 Certificate of Service) (Quarles, Kathryn)
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Filing 195
NOTICE of Appearance by Howard J. Shire on behalf of CVS Caremark Corp. (aty to be noticed) (Shire, Howard)
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Filing 191
ORDER granting PRELIMINARY INJUNCTION enjoying defendants Justin Shayota; Midwest Wholesale Distributors; Joseph Shayota; andTradeway International, Inc. d/b/a Baja Exporting, and their principals, agents, officers,directors, members, servants, employees, successors, assigns, and all other persons in concertand participation with them. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Marziliano, August)
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Filing 190
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARYINJUNCTION Show Cause Hearing set for 12/14/2012 10:00 AM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Show Cause Response due by 12/7/2012.. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Marziliano, August)
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Filing 188
NOTICE of Appearance by Daniel Jason DiMuro on behalf of MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Camilo Ramirez, Mario Ramirez. (aty to be noticed) (Chee, Alvin)
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Filing 187
NOTICE of Appearance by Ronald A. Giller on behalf of MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Camilo Ramirez, Mario Ramirez (aty to be noticed) (Giller, Ronald)
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Filing 186
Unsigned Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction (re new defendants One Stop Label Corporation and Leslie Roman) by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Declaration of Geoffrey Potter, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Potter, Geoffrey)
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Filing 185
AMENDED COMPLAINT (Sixth Amended Complaint) against One Stop Label Corporation, Leslie Roman, filed by International IP Holdings LLC, Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 184
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5870599. by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota. (Attachments: #1 Affidavit Affidavit of A. Paesano in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Admission to Practice Pro Hac Vice) (Defilippis, Danielle)
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Filing 183
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5870558. by Walid Jamil, Midwest Wholesale Distributers, Justin Shayota. (Attachments: #1 Affidavit Affidavit of B. Akkashian in Support of Motion to Admit Counsel Pro Hac Vice, #2 Proposed Order Admission to Practice Pro Hac Vice) (Defilippis, Danielle)
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Filing 182
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC re #179 Stipulation, Order,, (Weinberg, Jeremy)
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ORDER granting #197 Motion for Leave to Appear Pro Hac Vice: James R. Thompson is hereby permitted to appear before this court pro hac vice on behalf of defendants Joseph Shayota, Adriana Shayota, and Tradeway International,Inc. d/b/a Baja Exporting., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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ORDER granting #198 Motion for Leave to Appear Pro Hac Vice: Gregory A. Vega is hereby permitted to appear before this court pro hac vice on behalf of defendants Joseph Shayota, Adriana Shayota, and Tradeway International,Inc. d/b/a Baja Exporting., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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ORDER re. Letter Request #199 for pre-motion conference by Walid Jamil, Midwest Wholesale Distributors, Justin Shayota: Plaintiffs are hereby ordered to file a letter response to defendants' request for a pre-motion conference by 5:00 PM on Monday, 12/3/12. Plaintiffs' letter should not exceed three (3) pages. The court shall thereafter schedule a telephone conference with the parties to discuss defendants' prospective motion. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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ORDER granting #183 Motion for Leave to Appear Pro Hac Vice: Attorney Brian M. Akkashian is hereby permitted to appear before this court pro hac vice on behalf of defendants Midwest Wholesale, Walid Jamil, Justin Shayota, Brian Jamil, and Trimexico, Inc., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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ORDER granting #196 Motion for Leave to Appear Pro Hac Vice: Kathryn B. Quarles is hereby permitted to appear before this court pro hac vice on behalf of defendants Joseph Shayota, Adriana Shayota, and Tradeway International,Inc. d/b/a Baja Exporting., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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ORDER granting #184 Motion for Leave to Appear Pro Hac Vice: Attorney Anthony R. Paesano is hereby permitted to appear before this court pro hac vice on behalf of defendants Midwest Wholesale, Walid Jamil, Justin Shayota, Brian Jamil, and Trimexico, Inc., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Show Cause Hearing held on 11/30/2012. Appearances: Geoffrey Potter, Michelle Cohen, and Jonah Knobler for plaintiffs. David M. Greeley, J. Bruce Maffeo for defendants Joseph Shayota and Tradeway International, Inc. d/b/a Baja Exporting; Howard Shire for defendant CVS Caremark Corp; Christopher Jensen for defendants Ahmed Bhimani and Elegant Trading, Inc.; Richard S. Schurin for defendants Baseline Dist. and David Flood; and Andre Cizmarik for defendant Quality King Distributions. The court heard argument from the parties and made the following ruling: For the reasons stated on the record at the show cause hearing held today, and as delineated in order #191 , docketed separately, the court ordered a preliminary injunction as to defendants Justin Shayota, Midwest Wholesale Distributors, Joseph Shayota, and Tradeway International, Inc. d/b/a Baja Exporting. (Court Reporter Mary Agnes Drury.) (Beauchamp, Peter)
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ORDER re. faxed letter to the court of 11/30/12 by Attorneys Anthony Paesano and Brian Akkashian on behalf of defendants Midwest, Walid Jamil, Justin Shayota, Brian Jamil, and Trimexico, Inc. ("defendants"): By faxed letter to be docketed separately, defendants have requested clarification and guidance from the court as to seizure order #41 granted on 11/13/12. The court hereby orders that: (1) By Monday, 12/3/12 at 12:00 PM, defendants are to submit, via ECF, a further letter specifying their basis for believing that plaintiffs seized specific property from Midwest that is demonstrably not related to 5-Hour Energy. (2) By Tuesday, 12/4/12 at 12:00 PM, plaintiffs are to submit a response to defendants' letter, including an inventory of those items seized from Midwest, and confirmation as to whether the locks at Midwest were in fact changed. Defendants' local counsel, Attorney Danielle Marie Defilippis, is requested to forward this order to her co-counsel. Finally, Attorneys Paesano and Akkashian, having been granted leave to appear pro hac vice, are to file appearances in this action as soon as possible, and thereafter make all filings to the court via ECF. Ordered by Judge Kiyo A. Matsumoto on 11/30/2012. (Beauchamp, Peter)
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Filing 181
REPLY in Opposition to Reply Memorandum filed by Plaintiffs in Support of Their Motion for Preliminary Injunction (Sur-Reply) filed by Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Declaration of Adriana Shayota, #2 Declaration of Andres Camberos, #3 Declaration of Gregory A. Vega) (Greeley, David)
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Filing 180
Letter Requesting Consideration of Tradeway's Sur-Reply and Additional Evidence in Connection with Preliminary Injunction Hearing by Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (Greeley, David)
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Filing 179
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendants MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp., Camilo Ramirez, and Mario Ramirez by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 178
ORDER re #119 NOTICE of Voluntary Dismissal: This action is voluntarily dismissed against 7-Eleven, Inc. without prejudice. Ordered by Judge Kiyo A. Matsumoto. (Brucella, Michelle)
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Filing 177
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Ultimate One Distributing Corp., Gulam Najimi, and Walid Najimi on 11/05/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 176
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Top Choice Trading USA, Inc. on 11/13/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 175
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Scott Tilbrook and Food Distributors International, Inc. on 11/09/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 174
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Midwest Wholesale Distributors on 11/15/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 173
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Justin Shayota on 11/16/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 172
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Joseph Shayota and Baja Exporting on 11/15/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 171
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Joseph Sevany, Sr. and Universal Wholesale, Inc. on 11/09/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 170
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Elegant Trading, Inc. on 11/16/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 169
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Ahmed Bhimani on 11/15/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 168
AFFIDAVIT of Service for Summons, Complaint, Amended Complaint(s), Order to Show Cause, and Temporary Restraining Order with supporting papers served on Walid Jamil on 11/15/2012, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 167
Letter requesting that the Court accept supplementary evidence in further support of Plaintiffs' reply papers by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Attachments: #1 Declaration of Geoffrey Potter, dated 11/29/2012, #2 Exhibit 1 Part 1, #3 Exhibit 1 Part 2, #4 Exhibit 2 Part 1, #5 Exhibit 2 Part 2) (Potter, Geoffrey)
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Filing 166
Letter Renewing Request For Adjournment of Preliminary Injunction Hearing by Food Distributers International, Inc (Goodman, Stanley)
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ORDER re. #166 Letter Renewing Request For Adjournment of Preliminary Injunction Hearing by Food Distributers International, Inc.: The renewed request by defendants Food Distributors International and Scott Tilbrook, made with consent of plaintiffs and agreeing thereby to extend the temporary restraining order until the new show cause hearing date, is hereby granted. Accordingly, the following schedule is set as to defendants Food Distributors International and Scott Tilbrook: defendants' opposition papers filed by noon on 12/4/12; plaintiffs' reply papers filed by noon on 12/10/12; show cause hearing as to defendants Food Distributors International and Scott Tilbrook 12/14/12 at 10:00 AM. Ordered by Judge Kiyo A. Matsumoto on 11/29/2012. (Beauchamp, Peter)
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ORDER re. Letter #167 requesting that the Court accept supplementary evidence in further support of Plaintiffs' reply papers: The court shall review plaintiffs' supplementary evidence to the extent that it is able to at this late hour on the eve of tomorrow's show cause hearing. Additionally, plaintiffs and defendants Joseph Shayota and Tradeway International, Inc. d/b/a Baja Exporting should be prepared to discuss at tomorrow's hearing exactly what amount of assets belonging to Joseph Shayota, Adriana Shayota, and Tradeway International, Inc. d/b/a Baja Exporting is currently frozen. Ordered by Judge Kiyo A. Matsumoto on 11/29/2012. (Beauchamp, Peter)
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ORDER: STIPULATION to Preliminary Injunction #179 between Plaintiffs and Defendants MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp., Camilo Ramirez, and Mario Ramirez (collectively, "MCR defendants") is hereby SO ORDERED. Counsel for MCR defendants is directed to file an appearance in this action as soon as possible. Plaintiffs' counsel is directed to serve a copy of this order upon counsel for MCR defendants via mail or email, and then file proof of service on ECF no later than tomorrow, 11/30/12. Ordered by Judge Kiyo A. Matsumoto on 11/29/2012. (Beauchamp, Peter)
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Filing 165
NOTICE of Appearance by David M. Greeley on behalf of Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting (notification declined or already on case) (Greeley, David)
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Filing 164
EXHIBIT Certificate of Good Standing and Certificate of Service by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Certificate of Service) (Greeley, David)
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Filing 163
Temporary Restraining Order (11/27/2012) BOND in the amount of $ 50,000.00 posted by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 162
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5865764. by Adriana Shayota, Joseph Shayota, Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Affidavit, #2 Proposed Order) (Greeley, David)
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Filing 161
STIPULATION (Preliminary Injunction) between Plaintiffs and Defendant Core-Mark International, Inc.; by Core-Mark International, Inc., Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 160
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #11181 (notification declined or already on case) (Hauptman, Arnold)
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Filing 159
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #23407 (aty to be noticed) (Hauptman, Arnold)
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Filing 158
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #11181 (notification declined or already on case) (Hauptman, Arnold)
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Filing 157
NOTICE of Appearance by Todd D. Greenberg on behalf of Abdul Satar Najimi, Gulam Najimi, Wally Najimi, Price Master Corp., Ultimate One Distributing Corp. (aty to be noticed) (Greenberg, Todd)
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Filing 156
REPLY in Support (Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Joseph Shayota and Tradeway International, Inc. d/b/a Baja Exporting) filed by All Plaintiffs. (Potter, Geoffrey)
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Filing 155
REPLY in Support (Declaration of Geoffrey Potter) filed by All Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Potter, Geoffrey)
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Filing 154
Letter Requesting Adjournment of Preliminary Injunction Hearing by Food Distributers International, Inc (Goodman, Stanley)
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ORDER re. #154 Letter Requesting Adjournment of Preliminary Injunction Hearing by Food Distributors International, Inc.: Because defendants Food Distributors International and Scott Tilbrook did not timely file opposition papers and have not offered an explanation why, and because defendants have not indicated that they agree to extend the temporary restraining order until the proposed hearing adjournment date of 12/14/12, defendants' request to adjourn the show cause hearing and opposition papers deadline is hereby denied, without prejudice to renew. In the event defendants renew their request and agree to extend the temporary restraining order until 12/14/12, the court would reluctantly allow defendants to proceed along the following schedule: defendants' opposition papers filed by noon on 12/4/12; plaintiffs' reply papers filed by noon on 12/10/12; show cause hearing as to defendants Food Distributors International and Scott Tilbrook 12/14/12 at 10:00 AM. Defendants are reminded that their failure to timely file opposition papers could result in the entry of a preliminary injunction. Ordered by Judge Kiyo A. Matsumoto on 11/28/2012. (Beauchamp, Peter)
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ORDER: STIPULATION to Preliminary Injunction #161 between Plaintiffs and Defendant Core-Mark International, Inc. is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 11/28/2012. (Beauchamp, Peter)
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ORDER granting #162 Motion for Leave to Appear Pro Hac Vice: Attorney David M. Greeley is hereby permitted to appear before this court pro hac vice on behalf of defendants Adriana Shayota, Joseph Shayota, and Tradeway International, Inc. d/b/a Baja Exporting, upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/28/2012. (Beauchamp, Peter)
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Filing 194
Letter dated 11/17/12 from Courtney M. Arellano, Document Specialist at JPMorgan Chase Bank, N.A., in response to the Temporary Restraining Order. (Brucella, Michelle)
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Filing 193
Letter dated 11/13/12 from Alma Y. Lopez, Document Specialist at JPMorgan Chase Bank, N.A., in response to the Temporary Restraining Order. (Brucella, Michelle)
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Filing 153
STIPULATION (Preliminary Injunction) by Elegant Trading, Inc, Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 152
STIPULATION extending the deadline for CVS Caremark Corporation to file answering papers re December 12, 2012 hearing by CVS Caremark Corp., Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 150
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 25, receipt number 0207-5863414. by Joseph Sevany, Universal Wholesale, Inc.. (Mattieson, Chiara)
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Filing 149
Letter dated 11/16/12 from Diana J. Holt, Special Operations/Judgment Processing for Keybank, to John E. Roberts. (Brucella, Michelle)
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Filing 147
Amended Summons Issued [5th Amended Complaint] as to Isaac Anzaroot, JT Wholesale, Inc, Raid Jamil, MCR Innovations and Packaging, Inc., MCR Printing and Packaging Corp, Camilo Ramirez, Mario Ramirez, Arvind Shah, Shah Distributors, Inc, Adriana Shayota, Steerforth Trading, Inc, Trimexico Inc.. (Marziliano, August)
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Filing 146
AFFIDAVIT/AFFIRMATION by Joseph Sevany, Universal Wholesale, Inc. (Mattieson, Chiara)
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Filing 145
ORDER TO SHOW CAUSE: Show Cause Hearing set for 12/12/2012 at 2:30 PM before Judge Kiyo A. Matsumoto. Service of the Summons and Fifth Amended Complaint and of this Order to Show Cause, together with copies of the papers in support thereof, shall be made by delivering true copies thereof to any person of suitable age found at Defendants' business addresses no later than 9:00 PM EST on 11/28/2012. Ordered by Judge Kiyo A. Matsumoto on 11/27/2012. (Brucella, Michelle) (Additional attachment(s) added on 11/29/2012: #1 1 Declaration of Geoffrey Potter.pdf, #2 2 Declaration of Robert Addona.pdf, #3 3 Declaration of Robert Addona #2.pdf, #4 4 Declaration of Bruce Gerstman.pdf, #5 5 Declaration of Lewis Rutherfurd.pdf, #6 6 Declaration of Brandon Sprague.pdf, #7 7 Declaration of Teague Ryan.pdf) (Marziliano, August).
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Filing 144
AMENDED COMPLAINT (Fifth) against All Defendants, filed by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Geoffrey)
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Filing 143
MOTION to Expedite by Walid Jamil. (Attachments: #1 Exhibit A to Motion for Expedited Hearing, #2 Exhibit B to Motion Proposed Order) (Defilippis, Danielle)
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Filing 142
MOTION for Protective Order by Walid Jamil. (Attachments: #1 Memorandum in Support Motion for Protective Order, #2 Declaration in Support of Motion for Protective Order, #3 Exhibit A to Declaration of Anthony Paesano) (Defilippis, Danielle)
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ORDER denying #142 Motion of defendants Walid Jamil and Justin Shayota for Protective Order; and denying #143 Motion of Walid Jamil and Justin Shayota for an Expedited Hearing on their motion for a protective order. The court has considered the above submissions as well as the plaintiff's opposition #141 and finds that the defendants' motion are frivolous and without merit. The scope of discovery is defined in Fed. R. Civ. P. 26(b) and it appears that plaintiff seeks discovery that is relevant to the claims and defenses in this action as well as the preliminary injunction hearing. Moreover, defendants have failed to show good cause for a protective order. Accordingly, the depositions of the above defendants shall proceed as scheduled. Ordered by Judge Kiyo A. Matsumoto on 11/27/2012. (Matsumoto, Kiyo)
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ORDER: STIPULATION #152 extending the deadline for CVS Caremark Corporation to file answering papers re December 12, 2012 hearing is hereby SO ORDERED. CVS shall now file its opposition papers by noon on 12/5/12, and plaintiffs shall file their reply papers by noon on 12/10/12. The show cause hearing remains scheduled for 12/12/12 at 2:30 PM. Ordered by Judge Kiyo A. Matsumoto on 11/27/2012. (Beauchamp, Peter)
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REMINDER FOR ATTORNEYS: You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. When considering submission of a hard copy to the assigned judge as a courtesy, please consult the judge's individual practice rules first, as some judges do not want or permit courtesy copies in some circumstances. Any permitted courtesy copy should be provided directly to the judge's chambers and not to the Clerk's office. (Brucella, Michelle)
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ORDER granting #150 Motion for Leave to Appear Pro Hac Vice: Attorney Megan P. McKnight is hereby permitted to appear before this court pro hac vice on behalf of defendants Universal Wholesale, Inc. and Joseph Sevany, Sr., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/27/2012. (Beauchamp, Peter)
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ORDER: STIPULATION to Preliminary Injunction #153 between plaintiffs and defendants Elegant Trading, Inc. and Ahmed Bhimani is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 11/27/2012. (Beauchamp, Peter)
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Filing 189
Letter dated 11/20/12 from Flagstar Bank regarding a request to restrict funds for a Restraining Order. (Brucella, Michelle)
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Filing 151
NOTICE of Appearance by Arnold J. Hauptman on behalf of 7-Eleven Store #11181. (aty to be noticed) (Brucella, Michelle)
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Filing 141
Letter in response to Defendant Walid Jamil's and Defendant Justin Shayota's (the "Midwest Defendants") motion seeking an expedited hearing on their application for a protective order to "limit the line of questioning at their depositions strictly to those issues associated with Innovation Ventures' request for preliminary injunctive relief" by Innovation Ventures, LLC, International IP Holdings LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 140
ANSWER to #11 Amended Complaint FIRST by Sulaiman S. Aamir, Delta Distribution Services Corp.. (Berkowitz, Jess)
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Filing 139
NOTICE of Appearance by Jess M. Berkowitz on behalf of Empire Trade Wholesaler Corp. (aty to be noticed) (Berkowitz, Jess)
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Filing 138
NOTICE of Appearance by Danielle Marie Defilippis on behalf of Walid Jamil, Midwest Wholesale Distributers, Justin Shayota (aty to be noticed) (Defilippis, Danielle)
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Filing 137
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order,, STIPULATION and Order 123 Extending the Deadline for CVS Caremark Corporation to File Answering Papers (Weinberg, Jeremy)
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Filing 136
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #130 Stipulation, Order,, STIPULATION and Order 130 between Plaintiffs and Defendant Top Choice Trading USA, Inc. regarding bank accounts restrained pursuant to the Order to Show Cause (Weinberg, Jeremy)
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Filing 135
MOTION for Leave to Appear Pro Hac Vice for Chiara Mattieson, Filing fee $ 25, receipt number 0207-5859728. by Joseph Sevany, Universal Wholesale, Inc.. (Attachments: #1 Affidavit in Support, #2 Certificates of Good Standing, #3 Proposed Order) (Sabados, Bruce)
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Filing 134
MEMORANDUM in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Baja Exporting, LLC, Joseph Shayota. (Attachments: #1 Declaration of Joseph Shayota, #2 Exhibit to J. Shayota Declaration, #3 Declaration of Adriana Shayota, #4 Declaration of David Greeley, #5 Exhibit A, #6 Exhibit B, #7 Exhibit C, #8 Exhibit D) (Maffeo, J.)
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Filing 133
NOTICE of Appearance by David Benjamin Sunshine on behalf of Baja Exporting, LLC, Joseph Shayota (aty to be noticed) (Sunshine, David)
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Filing 132
NOTICE of Appearance by Elizabeth Nicole Warin on behalf of Baja Exporting, LLC, Joseph Shayota (aty to be noticed) (Warin, Elizabeth)
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Filing 131
NOTICE of Appearance by J. Bruce Maffeo on behalf of Baja Exporting, LLC, Joseph Shayota (aty to be noticed) (Maffeo, J.)
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ORDER: STIPULATION and Order #123 Extending the Deadline for CVS Caremark Corporation to File Answering Papers is hereby SO ORDERED. CVS Caremark shall now file its opposition papers by 11/29/12 at noon; plaintiffs' reply due 12/5/12 at noon; show cause hearing set for 12/12/12 at 2:30 PM. Counsel for CVS Caremark is directed to file an appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defense counsel via mail or email, and then file proof of service on ECF no later than today, 11/26/12. Ordered by Judge Kiyo A. Matsumoto on 11/26/2012. (Beauchamp, Peter)
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ORDER: STIPULATION and Order #122 Extending the Deadline for Core-Mark International, Inc. to File Answering Papers is hereby SO ORDERED. Core-Mark shall now file its opposition papers by 11/29/12 at noon; plaintiffs' reply due 12/5/12 at noon; show cause hearing set for 12/12/12 at 2:30 PM. Ordered by Judge Kiyo A. Matsumoto on 11/26/2012. (Beauchamp, Peter)
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ORDER: STIPULATION and Order #130 between Plaintiffs and Defendant Top Choice Trading USA, Inc. regarding bank accounts restrained pursuant to the Order to Show Cause is hereby SO ORDERED. Counsel for Top Choice Trading is directed to file an appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defense counsel via mail or email, and then file proof of service on ECF no later than today, 11/26/12. Ordered by Judge Kiyo A. Matsumoto on 11/26/2012. (Beauchamp, Peter)
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ORDER granting #135 Motion for Leave to Appear Pro Hac Vice: Attorney Chiara Mattieson is hereby permitted to appear before this court pro hac vice on behalf of defendants Universal Wholesale, Inc. and Joseph Sevany, Sr., upon the court's receipt of the $25.00 fee. Ordered by Judge Kiyo A. Matsumoto on 11/26/2012. (Beauchamp, Peter)
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ORDER re. plaintiffs' letter request #124 of 11/21/12: Plaintiffs have requested that the preliminary injunction hearing as to defendants Joseph Shayota and Tradeway International (d/b/a Baja Exporting) be adjourned until 12/12/12. Because defendants Joseph Shayota and Tradeway International do not consent to this request (see faxed opposition letter to be docketed separately), the preliminary injunction hearing as to these defendants shall take place as previously scheduled on 11/30/12 at 9:30 AM. A copy of this order will be emailed to defense counsel, who shall file an appearance in this case as soon as possible. Ordered by Judge Kiyo A. Matsumoto on 11/26/2012. (Beauchamp, Peter)
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Filing 148
Letter dated 11/21/12 from David M. Greeley to Judge Matsumoto. (Brucella, Michelle)
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Filing 130
STIPULATION and (Proposed) Order between Plaintiffs and Defendant Top Choice Trading USA, Inc. regarding bank accounts restrained pursuant to the Order to Show Cause by Innovation Ventures, LLC, Living Essential, LLC (Weinberg, Jeremy)
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Filing 128
AMENDED SUMMONS (Fourth Amended Summons) Issued as to Purity Wholesale Grocers, Inc., Tradeway International, Inc. d/b/a Baja Exporting. (Goddard, Elizabeth)
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Filing 127
NOTICE of Appearance by J. Christopher Jensen on behalf of Ahmed Bhimani, Elegant Trading, Inc (aty to be noticed) (Jensen, J.)
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Filing 126
AMENDED COMPLAINT (Fourth Amended Complaint) against Purity Wholesale Grocers, Inc., Tradeway International, Inc. d/b/a Baja Exporting, filed by Innovation Ventures, LLC, Living Essential, LLC, International IP Holdings LLC, Purity Wholesale Grocers, Inc., Tradeway International, Inc. d/b/a Baja Exporting. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Potter, Geoffrey)
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Filing 125
NOTICE of Appearance by Jess M. Berkowitz on behalf of Sulaiman S. Aamir, Delta Distribution Services Corp. (aty to be noticed) (Berkowitz, Jess)
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Filing 124
Letter from Geoffrey Potter to Judge Matsumoto in response to defendants Joseph Shayota and Baja's letter by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 129
Letter dated 11/20/12 from David M. Greeley to Judge Matsumoto. (Brucella, Michelle)
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Filing 123
STIPULATION and Order Extending the Deadline for CVS Caremark Corporation to File Answering Papers by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 122
STIPULATION and Order Extending the Deadline for Core-Mark International, Inc. to File Answering Papers by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 121
NOTICE by Innovation Ventures, LLC, Living Essential, LLC re #104 Affidavit of Service,, CORRECTED Affidavit of Service for Summons, Civil Cover Sheet, Sealing Order/ Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Delta Distribution Services Corp. on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 120
NOTICE by Innovation Ventures, LLC, Living Essential, LLC re #103 Affidavit of Service,, CORRECTED Affidavit of Service for Summons, Civil Cover Sheet, Sealing Order/ Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Sulaiman S. Aamir on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 119
NOTICE of Voluntary Dismissal by Innovation Ventures, LLC, Living Essential, LLC as to Defendant 7-Eleven, Inc. (Potter, Geoffrey)
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Filing 118
Corporate Disclosure Statement by Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers (Goldberg, Joseph)
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Filing 117
MOTION for Extension of Time to File Answer re #26 Amended Complaint by Core-Mark International, Inc.. (Singer, Randi)
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Filing 116
ORDER granting Preliminary Injunction. Ordered by Judge Kiyo A. Matsumoto on 11/19/2012. (Brucella, Michelle)
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Filing 115
Letter dated 11/16/12 from Geoffrey Potter to Judge Matsumoto. (Attachments: #1 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for a Preliminary Injunction Against Delta Distributing Corp. and Sulaimain S. Aamir, #2 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for a Preliminary Injunction Against Delta Distributing Corp. and Sulaimain S. Aamir, #3 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #4 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #5 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #6 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #7 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #8 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #9 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #10 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #11 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #12 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #13 Reply Memorandum of Law in Further Support of Plaintiffs' Motion for Preliminary Injunction Against Quality King Distributors, Inc., #14 Proposed Order) (Brucella, Michelle)
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Filing 114
Faxed letter dated 11/19/12 from Anthony Paesano,Esq. to Judge Matsumoto. (Williams-Jackson, Sandra)
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Filing 113
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order, ORDER: STIPULATION #89 Regarding Preliminary Injunction as to Kaival Deli & Catering (Weinberg, Jeremy)
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Filing 112
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order, ORDER: STIPULATION #88 Regarding Preliminary Injunction as to Farid Tursonzadah and Excel Wholesale Distributors, Inc. (Weinberg, Jeremy)
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Filing 111
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order,, ORDER: STIPULATION #60 Regarding Preliminary Injunction as to Delta Distribution Services Corp., Empire Trade Wholesale Corp., and Sulaiman S. Aamir (Weinberg, Jeremy)
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Filing 110
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order, ORDER: STIPULATION #59 Regarding Preliminary Injunction as to 7-Eleven Store #32760 (Weinberg, Jeremy)
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Filing 109
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re Order, ORDER: STIPULATION #57 Regarding Preliminary Injunction as to Top Choice Trading USA, Inc. (Weinberg, Jeremy)
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Filing 108
NOTICE of Appearance by Michelle Waller Cohen on behalf of Innovation Ventures, LLC, Living Essential, LLC (aty to be noticed) (Cohen, Michelle)
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Filing 106
Corporate Disclosure Statement by Quality King Distributions, INC (Cizmarik, Andre)
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Filing 105
STIPULATION re #26 Amended Complaint extending time for QKD to answer, move or otherwise respond to the Third Amended Complaint to December 14, 2012 by Quality King Distributions, INC (Cizmarik, Andre)
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ORDER: STIPULATION #58 Regarding Preliminary Injunction as to Universal Wholesale, Inc. and Joseph Sevany Sr. is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #57 Regarding Preliminary Injunction as to Top Choice Trading USA, Inc. is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/20/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #59 Regarding Preliminary Injunction as to 7-Eleven Store # 32760 is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/20/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER re. STIPULATION #56 between Plaintiffs and Defendant Quality King Distributors, Inc. extending the time to answer or otherwise respond to the Third Amended Complaint: The stipulation is hereby SO ORDERED. Defendant Quality King Distributors shall now answer or otherwise respond to the complaint by 12/14/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER re. 11/20/12 faxed request of defendants Joseph Shayota and Tradeway International, Inc. (dba Baja Exporting): By faxed letter request to the court (to be docketed separately), defendants Joseph Shayota and Tradeway have requested an extension of their deadline to file papers in opposition to the entry of a preliminary injunction from tomorrow, 11/21/12 at noon, until Monday, 11/26/12. Defendants' request is hereby granted. Defendants Shayota and Tradeway shall now file their opposition papers by 11/26/12 at 3:00 PM EST; plaintiffs shall file their reply papers by 11/28/12 at 3:00 PM EST. Pursuant to Judge Matsumoto's Chambers Practices, two courtesy copies of all filings are to be sent to the court. The show cause hearing remains scheduled for 11/30/12 at 9:30 AM. A copy of this order will be emailed to defense counsel, who shall file an appearance in this case as soon as possible. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER granting #117 Motion for Extension of Time to Answer: Upon plaintiffs' consent, defendant Core-Mark International, Inc. shall now have until 12/20/12 to answer or otherwise respond to the Third Amended Complaint. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Telephone Conference re. defendant Walid Jamil's faxed letter request held on 11/20/2012. Appearances: Geoffrey Potter and Tom Kurland for plaintiffs; Brian Akkashian for defendant Walid Jamil. The court issued the following orders: (1) Defense counsel will arrange to file an appearance in this case as soon as possible. In the interim, the court will separately docket defendant Jamil's faxed letter request of 11/19/12. (2) Plaintiffs having established the need for expedited discovery in this case, the deposition of defendant Jamil shall take place as noticed on 11/27/12. (3) Defendant Jamil shall now have until 12/6/12 at 12:00 PM to file his opposition to the entry of a preliminary injunction; plaintiffs' reply to be filed by 12/10/12 at 12:00 PM; show cause hearing as to defendant Jamil to be held on 12/12/12 at 2:30 PM. (4) The parties stipulate to extend the temporary restraining order as to defendant Jamil through and including 12/12/12. (Beauchamp, Peter)
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ORDER: STIPULATION #60 Regarding Preliminary Injunction as to Delta Distribution Services Corp., Empire Trade Wholesale Corp., and Sulaiman S. Aamir is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/20/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #89 Regarding Preliminary Injunction as to Kaivali Deli & Catering Inc. is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/20/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #88 Regarding Preliminary Injunction as to Farid Tursonzadah and Excel Wholesale Distributors, Inc. is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/20/12. Ordered by Judge Kiyo A. Matsumoto on 11/20/2012. (Beauchamp, Peter)
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Filing 104
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/ Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Delta Distribution Services Corp. on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 103
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/ Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Sulaiman S. Aamir on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 102
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on Walid Jamil on 11/15/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 101
NOTICE of Appearance by Zachary Winthrop Silverman on behalf of Quality King Distributions, INC (aty to be noticed) (Silverman, Zachary)
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Filing 100
AFFIDAVIT of Service for Complaint, First Amended Complaint, Second Amended Complaint (redacted), and Third Amended Complaint served on Capital Sales Company on 11/16/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 99
NOTICE of Appearance by Andre K. Cizmarik on behalf of Quality King Distributions, INC (aty to be noticed) (Cizmarik, Andre)
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Filing 98
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Excel Wholesale Distributors, Inc. and Farid Tursonzadah on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 97
NOTICE of Appearance by Anthony J. Viola on behalf of Quality King Distributions, INC (aty to be noticed) (Viola, Anthony)
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Filing 96
SUMMONS Returned Executed by Innovation Ventures, LLC, Living Essential, LLC. Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers served on 11/1/2012, answer due 11/26/2012. (Potter, Geoffrey)
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Filing 95
AFFIDAVIT of Service for Summons, Complaint, Seizure Order, Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Valero Retail Holding, Inc. on 10/29/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 94
AFFIDAVIT of Service for Summons with Appendix, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, and Preliminary Injunction, and Seizure Order served on Quality King Distributors, Inc. on 11/02/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 93
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Richmond Wholesale Company, Inc. and Saquib Khan on 11/16/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 92
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Price Master Corp. on 11/09/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 91
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, Seizure Order, Application for Leave to File Under Seal, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on CVS Caremark Corp. on 10/29/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 90
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Prestige Mobil on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 89
STIPULATION Regarding Preliminary Injunction as to Kaivali Deli & Catering Inc. by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 88
STIPULATION Regarding Preliminary Injunction as to Farid Tursonzadah and Excel Wholesale Distributors, Inc. by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 87
Letter in Response to Defendant Walid Jamil's Letter Dated 11-19-12 by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 86
Letter in Response to Defendant Quality King Distributors, Inc.'s Letter Dated 11-19-12 by Innovation Ventures, LLC, Living Essential, LLC (Attachments: #1 Exhibit) (Potter, Geoffrey)
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Filing 85
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Empire Trade Wholesale Corp. and Sulaiman S. Aamir on 11/12/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 84
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint, Third Amended Complaint, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Abdul Satar Najimi on 11/09/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 83
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint with Exhibits 1 and 2, Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs OSC for a TRO with Exhibits A through C served on 7-Eleven, Inc. on 10/29/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 82
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Heights Deli on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 81
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Nevins Gourmet Deli on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 80
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Sealing Order/Cover Sheet, Complaint, First Amended Complaint, Second Amended Complaint (redacted), Signed Seizure Order, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction served on Champion Deli-Grocery (f/k/a New Island Deli) on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 79
Letter by Quality King Distributions, INC (Viola, Anthony)
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Filing 78
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on Kaival Deli and Catering on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 77
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #32760 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 76
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #25449C-2422 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 75
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #23407 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 74
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #11181 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 73
NOTICE of Appearance by Martin I. Saperstein on behalf of Scott Tilbrook (aty to be noticed) (Saperstein, Martin)
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Filing 72
NOTICE of Appearance by Martin I. Saperstein on behalf of Food Distributers International, Inc (aty to be noticed) (Saperstein, Martin)
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Filing 71
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #11168-2422 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 70
AFFIDAVIT of Service for Summons, Civil Cover Sheet, Complaint, First Amended Complaint, Signed Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's OSC for a TRO, Asset Freeze Order, Ex Parte Seizure Order, Expedited Discovery, and Preliminary Injunction, and Expedited Discovery Order served on 7-Eleven Store #11152 on 11/05/2012, filed by Innovation Ventures, LLC, Living Essential, LLC. (Potter, Geoffrey)
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Filing 69
NOTICE of Appearance by Stanley R. Goodman on behalf of Scott Tilbrook (aty to be noticed) (Goodman, Stanley)
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Filing 68
NOTICE of Appearance by Stanley R. Goodman on behalf of Food Distributers International, Inc (aty to be noticed) (Goodman, Stanley)
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Filing 67
Letter to judge Matsumoto advises in advance of hearing scheduled this afternoon on plaintiffs' motion for a preliminary injunction that it appears all of the related relief sought by plaintiffs such as the TRO, asset freezes and seizures, and requested preliminary injunction, have been based on an untrue representation to this Court by Quality King Distributions, INC (Viola, Anthony)
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Filing 66
NOTICE of Appearance by Randi Wolkenbreit Singer on behalf of Core-Mark International, Inc. (aty to be noticed) (Singer, Randi)
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Filing 65
NOTICE of Appearance by Jacquelyn Renee Trussell on behalf of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers (aty to be noticed) (Trussell, Jacquelyn)
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Filing 64
NOTICE of Appearance by Joseph P. Goldberg on behalf of Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers (aty to be noticed) (Goldberg, Joseph)
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Filing 63
NOTICE of Appearance by Ariel Samuel Peikes on behalf of Baseline Distribution, INC, David Flood (aty to be noticed) (Peikes, Ariel)
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Filing 62
NOTICE of Appearance by Richard S. Schurin on behalf of Baseline Distribution, INC, David Flood (aty to be noticed) (Schurin, Richard)
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SCHEDULING ORDER re. defendant Walid Jamil's faxed letter request of 11/19/12 and plaintiffs' response #87 : A telephone conference between plaintiffs and defendant Walid Jamil is hereby scheduled for tomorrow, 11/20/12, at 10:00 AM EST. Defendant's Michigan counsel is directed to initiate the call with plaintiffs and to then call into chambers at (718) 613-2180 once both parties are on the line. No other parties to this suit are expected to join in the telephone conference. Ordered by Judge Kiyo A. Matsumoto on 11/19/2012. (Beauchamp, Peter)
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ORDER re. Quality King Distributions, Inc. letter #67 : Plaintiffs are hereby ordered to respond to defendant Quality King's letter #67 no later than 2:30 PM today, 11/19/2012. Ordered by Judge Kiyo A. Matsumoto on 11/19/2012. (Beauchamp, Peter)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto:Show Cause Hearing held on 11/19/2012. Appearances: Geoffrey Potter, Michelle Cohen, Jeremy Weinberg, and Jonah Knobler for plaintiffs. Anthony Viola for defendant Quality King Distributors ("QKD"); Joseph Goldberg for defendant Victory Wholesale Grocers; Howard Shire for defendant CVS Caremark Corp; pro se non-attorney representative for defendant 7-Eleven Store #25449C-2422. The court heard argument from the parties and made the following rulings. (1) By order to be docketed separately, the court shall endorse an order granting a preliminary injunction as to those defendants who have, to date, failed to timely appear or contest the entry of a preliminary injunction. (2) Plaintiffs shall file a further amended complaint that includes as a plaintiff International IP Holdings, LLC no later than 11/23/12. (3) Defendant QKD consented to a 14-day extension of the temporary restraining order until 12/3/12, during which time plaintiffs will provide QKD, pursuant to a confidentiality agreement, with additional indicia of counterfeit 5-Hour Energy. Additionally, no later than 12/3/12 plaintiffs and QKD shall submit a joint status letter as to whether the parties have either agreed upon terms of a preliminary injunction, or if a further conference regarding plaintiffs' current bond is necessary. (4) Defendant 7-Eleven Store #25449C-2422 is encouraged to retain counsel and explore stipulation options with plaintiffs. (Court Reporter Marsha Diamond.) (Beauchamp, Peter)
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Filing 107
Letter dated 11/16/12 from Geoffrey Potter to Judge Matsumoto, informing the court that plaintiffs do not oppose unsealing the case. (Brucella, Michelle)
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Filing 61
NOTICE of Appearance by Thomas Philip Kurland on behalf of Innovation Ventures, LLC, Living Essential, LLC (aty to be noticed) (Kurland, Thomas)
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Filing 60
STIPULATION Regarding Preliminary Injunction as to Delta Distribution Services Corp., Empire Trade Wholesale Corp., and Sulaiman S. Aamir by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 59
STIPULATION Regarding Preliminary Injunction as to 7-Eleven Store # 32760 by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 58
STIPULATION Regarding Preliminary Injunction as to Universal Wholesale, Inc. and Joseph Sevany Sr. by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 57
STIPULATION Regarding Preliminary Injunction as to Top Choice Trading USA, Inc. by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 56
STIPULATION between Plaintiffs and Defendant Quality King Distributors, Inc. extending the time to answer or otherwise respond to the Third Amended Complaint by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 55
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #50 Sealed, Stipulation (Knobler, Jonah)
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Filing 54
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #49 Sealed, Stipulation (Knobler, Jonah)
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Filing 53
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #48 Sealed, Stipulation (Knobler, Jonah)
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Filing 52
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #34 Stipulation, #36 Stipulation, #32 Stipulation, #33 Stipulation, #35 Stipulation, #31 Stipulation (Knobler, Jonah)
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Filing 51
CERTIFICATE OF SERVICE by Innovation Ventures, LLC, Living Essential, LLC re #34 Stipulation, #36 Stipulation, #32 Stipulation, #33 Stipulation, #35 Stipulation, #31 Stipulation (Knobler, Jonah)
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Filing 50
STIPULATION Regarding Preliminary Injunction as to 7-Eleven Store # 23407 by Innovation Ventures, LLC, Living Essential, LLC, dated 11/15/2012. (Barrett, C)
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Filing 49
STIPULATION Regarding Preliminary Injunction as to Brothers Trading Co., d/b/a Victory Wholesale Grocers by Innovation Ventures, LLC, Living Essential, LLC, dated 11/14/2012. (Barrett, C)
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Filing 48
STIPULATION Regarding Preliminary Injunction as to 7-Eleven Store # 11181 by Innovation Ventures, LLC, Living Essential, LLC, dated 11/7/2012. (Barrett, C)
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Filing 47
Letter providing the court with an update in advance of the hearing scheduled for Monday, November 19, 2012 by Innovation Ventures, LLC, Living Essential, LLC (Potter, Geoffrey)
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Filing 46
SEIZURE PURSUANT TO COURT ORDER DATED 11/13/2012. BOND in the amount of $50,000.00 posted by Innovation Ventures, LLC, (Barrett, C)
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Filing 45
TEMPORARY RESTRAINING ORDER DATED 11/13/2012. BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC. (Barrett, C)
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ORDER: PROPOSED STIPULATION AND ORDER #33 by and between Plaintiffs and defendant Core-Mack International, Inc. extending response times to the Court's Order to Show Cause and the Court's Seizure Order is hereby SO ORDERED. Defendant to respond by 11/21/12 at noon; plaintiff to reply by 11/27/12 at noon; show cause hearing set for 11/30/12 at 9:30 AM. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/16/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: PROPOSED STIPULATION AND ORDER #31 by and between Plaintiffs and Defendants Baseline Distribution, Inc. and David Flood is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendants via mail or email, and then file proof of service on ECF no later than today, 11/16/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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Order to Unseal Case: Plaintiffs having informed the court via faxed letter dated 11/16/12 that they do not oppose this case being unsealed, the court hereby orders that the entire docket for this case be unsealed. Accordingly, all future filings by parties to this suit are to be made electronically via ECF, with courtesy copies sent to chambers pursuant to Judge Matsumoto's Individual Rules. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012.. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Marziliano, August)
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ORDER: PROPOSED JOINT STIPULATION AND ORDER #34 extending the deadline for CVS CareMark Corporation to File Answering Papers is hereby SO ORDERED. Defendant to respond by 11/21/12 at noon; plaintiff to reply by 11/27/12 at noon; show cause hearing set for 11/30/12 at 9:30 AM. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/16/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: PROPOSED STIPULATION AND ORDER #32 adjourning the time for defendant Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers to Answer Plaintiffs Order to Show Cause until 11/16/12 is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/16/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: PROPOSED STIPULATION AND ORDER #35 by and between plaintiffs and defendants Ultimate One Distributing Corp., Gulam Najimi, Walid Najimi, Price Master Corp and Abdul Satar Najimi is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than today, 11/16/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #49 Regarding Preliminary Injunction as to Brothers Trading Co., d/b/a Victory Wholesale Grocers is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than tomorrow, 11/17/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: STIPULATION Regarding Preliminary Injunction #48 as to 7-Eleven Store # 11181 is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than tomorrow, 11/17/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: STIPULATION #50 Regarding Preliminary Injunction as to 7-Eleven Store # 23407 is hereby SO ORDERED. Additionally, defense counsel is directed to file a notice of appearance in this case as soon as possible. Plaintiffs' counsel is directed to serve this order upon defendant via mail or email, and then file proof of service on ECF no later than tomorrow, 11/17/12. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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ORDER: PROPOSED STIPULATION AND ORDER #36 by and between plaintiffs and defendant Valero Retail Holdings is hereby SO ORDERED. Ordered by Judge Kiyo A. Matsumoto on 11/16/2012. (Beauchamp, Peter)
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Filing 44
Letter MOTION to Continue and Limit Deposition by Joseph Sevany, Universal Wholesale, Inc.. (Barrett, C)
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Filing 43
NOTICE of Appearance by Gregory Charles Johnson on behalf of Joseph Sevany, Universal Wholesale, Inc. (aty to be noticed) (Barrett, C)
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Filing 42
NOTICE of Appearance by Bruce M. Sabados on behalf of Joseph Sevany, Universal Wholesale, Inc. (aty to be noticed) (Barrett, C)
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Filing 41
SEIZURE ORDER. Ordered by Judge Kiyo A. Matsumoto on 11/13/2012. (Greene, Donna)
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Filing 39
ORDER TO SHOW CAUSE Show Cause Hearing set for 11/30/2012 09:30 AM in Courtroom 4E North before Judge Kiyo A. Matsumoto. Show Cause Response due by 11/21/2012.. Ordered by Judge Kiyo A. Matsumoto on 11/13/2012. (Greene, Donna)
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ORDER denying #44 Motion to Continue: The request by defendants Universal Wholsale, Inc. and Joseph Sevany, Sr. ("defendants") #44 to adjourn and limit in scope the deposition previously noticed for tomorrow, 11/16/12, is hereby denied. In issuing the expedited discovery order of 10/26/12 #10 in conjunction with the first #11 , second #16 , and third #26 amended complaints, as well as the ex parte seizure orders, the court found that good cause exists to order expedited discovery. In accordance with the court's expedited discovery order, on 11/9/12 plaintiff properly served defendants with all papers and notice seven (7) days prior to the deposition noticed for 11/16/12. Defendants, whose request to adjourn tomorrow's deposition was not filed until this afternoon, have not offered a sufficient basis on which to alter the expedited discovery order at this late hour. To do so would force plaintiff to incur additional expenses, as plaintiff's counsel has represented that they are already in Michigan in advance of tomorrow's deposition. With regard to the length of defendants' deposition, the parties will be limited to the seven (7)-hour time limit delineated by Federal Rule of Civil Procedure 30(d). With regard to the scope of defendant's deposition, the court is not willing to narrow the scope of plaintiff's inquiry at this early juncture of the case. Ordered by Judge Kiyo A. Matsumoto on 11/15/2012. (Beauchamp, Peter)
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Filing 40
Declaration of Louis Assentato (Piper, Francine)
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Filing 38
MEMORANDUM OF LAW in Opposition to Plaintiffs Motion for Preliminary Injunction. filed by Quality King Distributions, INC. (Piper, Francine)
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Filing 37
DECLARATION of Anthony J. Viola in Opposition re #13 MOTION for Preliminary Injunction. (Piper, Francine)
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Filing 36
PROPOSED STIPULATION AND ORDER by and between plaintiffs and dft Valero Retail Holdings regarding "5 Hour Energy Marks" (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 35
PROPOSED STIPULATION AND ORDER by and between plaintiffs and dfts, Ultimate One Distributing Corp., Gulam Najimi, Walid Najimi, Price Master Corp and Abdul Satar Najimi regarding "5 Hour Energy Marks". (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 34
PROPOSED JOINT STIPULATION AND ORDER extending the deadline for CVS CareMark Corporation to File Answering Papers. (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 33
PROPOSED STIPULATION AND ORDER by and between Plaintiff's and dft Core-Mack International, Inc. extending response times to the Court's Order to Show Cause and the Court's Seizure Order. (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 32
PROPOSED STIPULATION AND ORDER adjourning the time for dft Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers to Answer Plaintiffs Order to Show Cause. (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 31
PROPOSED STIPULATION AND ORDER by and between Plaintiffs and Dfts Baseline Distribution, Inc. and David Flood regarding "5 Hour Energy Marks". (Piper, Francine) Modified on 11/15/2012 (Piper, Francine).
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Filing 30
AFFIDAVIT of Sulaiman S. Aamir, Delta Distribution Services Corp. in Opposition to plff's motion seeking a preliminary injunction together with a temporary restraining order. (Piper, Francine)
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Filing 29
NOTICE of Appearance by Hara K. Jacobs on behalf of Valero Retail Holdings, Inc. (aty to be noticed) (Greene, Donna)
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Filing 25
TEMPORARY RESTRAINING ORDER DATED 11/6/2012. BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC. (Barrett, C)
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Filing 24
SEIZURE PURSUANT TO COURT ORDER DATED 11/6/2012. BOND in the amount of $50,000.00 posted by Innovation Ventures, LLC. (Barrett, C)
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Filing 28
SEIZURE ORDER. Ordered by Judge Kiyo A. Matsumoto on 11/6/2012. (Marziliano, August)
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Filing 27
ORDER TO SHOW CAUSE ( Show Cause Hearing set for 11/30/2012 09:30 AM in Courtroom 6G North before Judge Kiyo A. Matsumoto., Show Cause Response due by 11/21/2012.), PRELIMINARY INJUNCTION, TEMPORARY RESTRAINING ORDER. Ordered by Judge Kiyo A. Matsumoto on 11/6/2012. (Attachments: #1 Declaration) (Marziliano, August) (Additional attachment(s) added on 11/8/2012: #2 Memorandum in Support, #3 Letter dated 11/6/2012 to Loretta Lynch) (Marziliano, August).
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Filing 26
AMENDED COMPLAINT Third against All Defendants, filed by Innovation Ventures, LLC, Living Essential, LLC. (Marziliano, August)
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ORDER: The court hereby VACATES #6 Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction, docketed 10/25/12; and #7 Seizure Order, docketed 10/25/12. Ordered by Judge Kiyo A. Matsumoto on 10/31/2012. (Beauchamp, Peter)
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Filing 20
TEMPORARY RESTRAINING ORDER DATED 10/31/12 BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 23
SEIZURE PURSUANT TO COURT ORDER DATED 11101112 BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 22
TEMPORARY RESTRAINING ORDER DATED ll/01/12 BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 21
SEIZURE ORDER 10/31/2012 BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 19
Letter dated 11/1/2012 from Geoffrey Potter to Loretta E. Lynch, United States Attorney. (Marziliano, August)
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Filing 18
SEIZURE ORDER. Ordered by Judge Kiyo A. Matsumoto on 11/1/2012. (Marziliano, August)
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Filing 17
ORDER TO SHOW CAUSE Show Cause Hearing set for 11/19/2012 03:00 PM in Courtroom 6G North before Judge Kiyo A. Matsumoto. Show Cause Response due by 11/13/2012.. Ordered by Judge Kiyo A. Matsumoto on 11/1/2012. (Attachments: #1 Declaration Geoffrey Potter, #2 Memorandum in Support) (Marziliano, August)
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Filing 16
AMENDED COMPLAINT SECOND against All Defendants, filed by Innovation Ventures, LLC, Living Essential, LLC. (Marziliano, August)
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Summons Issued as to Capital Sales Company, Ltd, Mark K. Lee, Midwest Wholesale Distributers, Moa Trading, Inc, Justin Shayota. (Marziliano, August)
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Filing 15
SEIZURE ORDER. Ordered by Judge Kiyo A. Matsumoto on 10/31/2012. (Marziliano, August)
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Filing 14
ORDER To SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION #13 Motion for Preliminary Injunction; granting #13 Motion for Order to Show Cause; granting #13 Motion for TRO. Ordered by Judge Kiyo A. Matsumoto on 10/31/2012. (Marziliano, August)
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Filing 13
MOTION for Preliminary Injunction , MOTION for Order to Show Cause , MOTION for Temporary Restraining Order by Innovation Ventures, LLC, Living Essential, LLC. (Attachments: # 1 Exhibit) (Marziliano, August) (Additional attachment(s) added on 11/5/2012: #2 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER, ASSET FREEZE ORDER, EX PARTE SEIZURE ORDER, AND PRELIMINARY INJUNCTION) (Marziliano, August). (Main Document 13 replaced on 11/5/2012) (Marziliano, August).
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Filing 12
Summons Issued as to Baseline Distribution, INC, Brothers Trading Co., Inc. d/b/a Victory Wholesale Grocers, David Flood, Quality King Distributions, INC. (Marziliano, August)
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Filing 11
AMENDED COMPLAINT FIRST against All Defendants, filed by Innovation Ventures, LLC, Living Essential, LLC. (Marziliano, August)
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Filing 10
EXPEDITED DISCOVERY ORDER. Ordered by Judge Kiyo A. Matsumoto on 10/26/2012. (Marziliano, August)
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Filing 9
Undertaking on Temporary Restraining Order BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 8
Order of Seizure BOND in the amount of $ $50,000.00 posted by Innovation Ventures, LLC, Living Essential, LLC (Marziliano, August)
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Filing 7
SEIZURE ORDER. Ordered by Judge Kiyo A. Matsumoto on 10/25/2012. (Piper, Francine)
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Filing 6
ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION.(Ordered by Judge Kiyo A. Matsumoto on 10/25/2012) (Piper, Francine)
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Filing 5
Proposed Seizure Order by Innovation Ventures, LLC, Living Essential, LLC (Davis, Kimberly)
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Filing 4
MEMORANDUM OF LAW in Support of Order to Show Cause filed by Innovation Ventures, LLC, Living Essential, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Davis, Kimberly)
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Filing 3
Unsigned Order to Show Cause by Innovation Ventures, LLC, Living Essential, LLC (Attachments: #1 Potter Decl, #2 Exhibit 1, #3 Dolmage Decl, #4 Exhibit 1, #5 Exhibit 3, #6 Speckin Decl, #7 Cairl Decl, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Kelcher Decl, #14 Exhibit 1) #15Adonna Declaration, #16 Exhibit 1, #17 Exhibit 2, #18 Sheridan Decl, #19 Exhibit 1, #20 Marean Decl, #21 Errata 1, #22 Exhibit 2, #23 Exhibit 3, #24 Exhibit 4, #25 Exhibit 5, #26 Exhibit 6, #27 Exhibit 7, #28 Bruml Decl, #29 Exhibit 1, #30 Alamshaw Decl, #31 Exhibit 1, #32 Exhibit 2, #33 Exhibit 3, #34 Exhibit 4, #35 Exhibit 5, #36 Varga Decl, #37 Nollinger Decl, #38 Exhibit 1, #39 Exhibit 2, #40 3, #41 Gerstman Decl, #42 Exhibit 1, #43 Lichtman Decl, #44 Exhibit 1, #45 Exhibit 2, #46 Exhibit 3, #47 Spague Decl) (Davis, Kimberly).
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Filing 2
Summons Issued as to 7 Eleven, Inc., 7-Eleven Store #11152, 7-Eleven Store #11168F-2422, 7-Eleven Store #11181, 7-Eleven Store #23407, 7-Eleven Store #25449C-2422, 7-Eleven Store #32760, Sulaiman S. Aamir, CVS Caremark Corp., Core-Mark International, Inc., Delta Distribution Services Corp., Excel Wholesale Distributors, Inc., Heights Deli and Company, John Does 1-10, Kaival Deli & Catering, Saquib Khan, Gulam Najimi, Wally Najimi, Nevins Gourmet, New Island Deli, Prestige Mobil, Richmond Wholesale Company, Inc., Farid Tursonzadah, Ultimate One Distributing Corp., Valero Retail Holdings, Inc.. (Davis, Kimberly)
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Filing 1
COMPLAINT against 7 Eleven, Inc., 7-Eleven Store #11152, 7-Eleven Store #11168F-2422, 7-Eleven Store #11181, 7-Eleven Store #23407, 7-Eleven Store #25449C-2422, 7-Eleven Store #32760, Sulaiman S. Aamir, CVS Caremark Corp., Core-Mark International, Inc., Delta Distribution Services Corp., Excel Wholesale Distributors, Inc., Heights Deli and Company, John Does 1-10, Kaival Deli & Catering, Saquib Khan, Gulam Najimi, Wally Najimi, Nevins Gourmet, New Island Deli, Prestige Mobil, Richmond Wholesale Company, Inc., Farid Tursonzadah, Ultimate One Distributing Corp., Valero Retail Holdings, Inc. Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Innovation Ventures, LLC, Living Essential, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (Davis, Kimberly)
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FILING FEE: $ 350.00, receipt number 4653050662 (Davis, Kimberly)
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