Worldwide Home Products, Inc. v. Time, Inc. et al
Plaintiff: Worldwide Home Products, Inc.
Defendant: Sherry Hanson, Bed, Bath and Beyond Inc., Time, Inc. and Cohesion Products Inc.
Respondent: Jeffrey Sonnabend
Case Number: 1:2011cv03633
Filed: May 27, 2011
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Michael H Dolinger
Referring Judge: Laura Taylor Swain
Nature of Suit: Patent
Cause of Action: 35 U.S.C. § 271
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 22, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 22, 2016 Filing 320 MANDATE of USCA for the Federal Circuit (Certified Copy) as to #299 Notice of Appeal to the Federal Circuit filed by Jeffrey Sonnabend, #301 Notice of Appeal to the Federal Circuit, filed by Jeffrey Sonnabend, #297 Notice of Appeal to the Federal Circuit filed by Jeffrey Sonnabend. USCA Case Number 15-1544, 15-1550, 15-1551. In accordance with the judgment ( #319 USCA Order) of this Court, entered December 16, 2015, and pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Issued As Mandate: 01/22/2016. (nd)
December 16, 2015 Filing 319 TRUE COPY ORDER of USCA as to #299 Notice of Appeal to the Federal Circuit filed by Jeffrey Sonnabend. USCA Case Number 2015-1550. USCA Case Number 2015-1550. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Certified: 12/16/2015. (nd) (Additional attachment(s) added on 12/16/2015: #1 Notice of Judgment without Opinion) (nd).
June 18, 2015 Filing 318 MANDATE of USCA for the Federal Circuit (Certified Copy) as to #315 Notice of Appeal to the Federal Circuit filed by Worldwide Home Products, Inc., #279 Notice of Appeal to the Federal Circuit filed by Worldwide Home Products, Inc. USCA Case Number 15-1461; 15-1655. Worldwide Home Products, Inc. moves with consent to voluntarily dismiss its appeal Nos. 15-1461 and -1655. Upon consideration thereof, IT IS ORDERED THAT: (1) The motion is granted. Appeal Nos. 15-1461 and 15-1655 are dismissed. The revised official caption for 15-1544, -1550, and -1551 is reflected above. (2) Each party shall bear its own costs as to 15-1461 and 15-1655. (3) Mr. Sonnabends motion to intervene is denied asmoot. (4) The stay put in place by this court's May 20, 2015 order as to appeal Nos. 15-1544, -1550, and -1551 is lifted. Mr. Sonnabend's opening brief is due within 30 days from the date of filing of this order.. Daniel E. O'Toole, Clerk USCA for the Federal Circuit. Issued As Mandate: 06/18/2015. (nd)
June 3, 2015 Filing 317 STATUS REPORT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..(O'Connor, Edward)
May 13, 2015 Filing 316 NOTICE OF DOCKETING & USCA Case Number 15-1655 from the US Court of Appeals, Federal Circuit assigned to #315 Notice of Appeal to the Federal Circuit filed by Worldwide Home Products, Inc.. (nd)
May 8, 2015 Filing 315 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #298 Memorandum & Opinion,,,,,, #305 Memo Endorsement,. Form 7 and Form 22 are due within 14 days. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
May 8, 2015 Appeal Fee Due: for #315 Notice of Appeal to the Federal Circuit.$505.00 Appeal fee due by 5/22/2015. (nd)
May 8, 2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #315 Notice of Appeal to the Federal Circuit. (nd)
May 5, 2015 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held on 5/5/2015. (Snell, Kevin)
April 30, 2015 Filing 314 SEALED DOCUMENT placed in vault.(nm)
April 27, 2015 Opinion or Order Filing 313 ORDER: It is hereby ORDERED that a settlement conference has been scheduled in the above-captioned action for TUESDAY, MAY 5, 2015 at 4:00 P.M. at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. SO ORDERED. ( Settlement Conference set for 5/5/2015 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 4/27/2015) (ama)
April 23, 2015 Filing 312 REDACTION to #236 Declaration in Support of Motion,, In Response to Court Order #298 by Bed, Bath and Beyond Inc., Cohesion Products Inc. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 1C, #4 Exhibit 1D, #5 Exhibit 1E, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9)(O'Connor, Edward)
April 22, 2015 Opinion or Order Filing 311 MEMO ENDORSEMENT on re: #310 Letter, filed by Jeffrey Sonnabend, re: Stay of Enforcement of April 9, 2015 Order. ENDORSEMENT: The within motion for a stay is denied, for substantially the reasons set forth in Defendants' opposition (DE # 306), without prejudice to the posting of a supersedeas bond to secure a stay. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/22/2015) (ajs)
April 22, 2015 Filing 310 LETTER addressed to Judge Laura Taylor Swain from A. Michael Furman, Izabell Lemkhen, Benjamin M. Oxenburg dated 04/14/2015 re: Stay of Enforcement of April 9, 2015 Order. Document filed by Jeffrey Sonnabend. (Attachments: #1 Exhibit Declaration of Jeffrey Sonnabend re Finances - Redacted)(Oxenburg, Benjamin)
April 21, 2015 Opinion or Order Filing 309 MEMO ENDORSEMENT on re: #307 Letter filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., re: Mediation Before Magistrate Judge Dolinger. ENDORSEMENT: This matter is now referred to Judge Dolinger for settlement. SO ORDERED. (Signed by Judge Laura Taylor Swain on 4/21/2015) (ajs)
April 21, 2015 Opinion or Order Filing 308 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement (Principals to participate as required by Magistrate Judge). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 4/21/2015) (ajs)
April 17, 2015 Filing 307 LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated April 17, 2015 re: Mediation Before Magistrate Judge Dolinger. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
April 16, 2015 Filing 306 LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated April 16, 2015 re: Response to the April 14, 2015 letter from Michael Furman Re Stay of Enforcement. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
April 15, 2015 Filing 305 MEMO ENDORSEMENT on re: #302 Letter re: request to correct an inadvertent clerical mistake pursuant to Fed. R. Civ. Pro. 60(a), filed by Worldwide Home Products, Inc. ENDORSEMENT: The foregoing application is granted. (Signed by Judge Laura Taylor Swain on 4/15/2015) (kko)
April 15, 2015 Filing 304 LETTER addressed to Judge Laura Taylor Swain from V. David Rivkin dated April 15, 2015 re: request to correct an inadvertent clerical mistake pursuant to Fed. R. Civ. Pro. 60(a).. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
April 15, 2015 Filing 303 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #304 Letter) - LETTER addressed to Judge Laura Taylor Swain from V. David Rivkin dated April 15, 2015 re: request to correct an inadvertent clerical mistake pursuant to Fed. R. Civ. Pro. 60(a). Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly) Modified on 4/20/2015 (db).
April 15, 2015 Filing 302 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #304 Letter) - LETTER addressed to Judge Laura Taylor Swain from V. David Rivkin dated April 15, 2015 re: Request for Amended Briefing Schedule. Document filed by Worldwide Home Products, Inc. (Rivkin, Vitaly) Modified on 4/20/2015 (db).
April 13, 2015 USCA Case Number 15-1551 from the USCA Federal Circuit assigned to #301 Notice of Appeal to the Federal Circuit, filed by Jeffrey Sonnabend. (tp)
April 13, 2015 USCA Case Number 15-1550 from the USCA Federal Circuit assigned to #299 Notice of Appeal to the Federal Circuit filed by Jeffrey Sonnabend. (tp)
April 10, 2015 Filing 301 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,, #256 Memorandum & Opinion,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Jeffrey Sonnabend. Filing fee $ 505.00, receipt number 0208-10803885. (Oxenburg, Benjamin)
April 10, 2015 Opinion or Order Filing 300 ORDER FOR ADMISSION PRO HAC VICE granting #295 Motion for Jennifer H. Hamilton to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 4/10/2015) (ajs)
April 10, 2015 Filing 299 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #298 Memorandum & Opinion,,,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Jeffrey Sonnabend. Filing fee $ 505.00, receipt number 0208-10801342. (Oxenburg, Benjamin)
April 10, 2015 USCA Case Number 15-1544 from the USCA Federal Circuit assigned to #297 Notice of Appeal to the Federal Circuit filed by Jeffrey Sonnabend. (tp)
April 9, 2015 Opinion or Order Filing 298 MEMORANDUM OPINION AND ORDER re: #235 MOTION for Attorney Fees and Related Expenses. filed by Bed, Bath and Beyond Inc., Cohesion Products Inc. For the foregoing reasons, the Court grants, in part, Defendants' motion for recovery of attorneys' fees and related expenses and holds Jeffrey Sonnabend jointly and severally liable with Plaintiff for these amounts. Defendants are hereby awarded $818,124.65 in attorneys' fees and nontaxable litigation expenses as against Plaintiff Worldwide Home Products, Inc., and Jeffrey Sonnabend. The liability of Plaintiff and Mr. Sonnabend for the payment of this award is joint and several. The award must be paid in full within thirty (30) days of the entry of this Memorandum Opinion and Order. Interest on any unpaid amount shall thereafter accrue in accordance with 28 U.S.C. section 1961. Defendants are directed to file on the ECF system, within fourteen (14) days of entry of this Memorandum Opinion and Order, the Exhibits to the Declaration of Edward F. O'Connor (docket entry no. 236), appropriately redacted to protect confidential third-party pricing information. Personal identifiers and financial account information, including credit card information, bank account numbers, and tax ID numbers, must be redacted in accordance with Federal Rule of Civil Procedure 5.2. This Memorandum Opinion and Order resolves docket entry number 235, and this case remains closed. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 4/9/2015) (ajs)
April 9, 2015 Filing 297 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #294 Order on Motion to Intervene,,. Form 7 and Form 22 are due within 14 days. Document filed by Jeffrey Sonnabend. (Lemkhen, Izabell)
April 9, 2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #297 Notice of Appeal to the Federal Circuit. (nd)
April 9, 2015 Appeal Fee Payment: for #297 Notice of Appeal to the Federal Circuit. Filing fee $ 505.00, receipt number 0208-10797769. (Oxenburg, Benjamin)
April 9, 2015 Appeal Fee Due: for #297 Notice of Appeal to the Federal Circuit.$505.00 Appeal fee due by 4/23/2015. (nd)
April 7, 2015 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #295 MOTION for Jennifer Herbst Hamilton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
April 6, 2015 Filing 296 REPLY to Response to Motion re: #235 MOTION for Attorney Fees and Related Expenses. . Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
April 6, 2015 Filing 295 MOTION for Jennifer Herbst Hamilton to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(O'Connor, Edward)
March 31, 2015 Opinion or Order Filing 294 MEMORANDUM ORDER denying #269 Motion to Intervene. This Court does not have jurisdiction of the intervention motion because Plaintiff has already filed a notice of appeal from the Decision. Mr. Sonnabend's motion to intervene is denied without prejudice to an appropriate application to the Court of Appeals. Mr. Sonnabend's motion to stay decision on the Motion for Attorney Fees and Related Expenses is denied. This Order resolves docket entry number 269. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 3/31/2015) (ajs)
March 26, 2015 Filing 293 REPLY MEMORANDUM OF LAW in Support re: #263 MOTION to Intervene and for Immediate Stay. . Document filed by Jeffrey Sonnabend. (Lemkhen, Izabell)
March 25, 2015 Filing 292 REPLY MEMORANDUM OF LAW in Opposition re: #235 MOTION for Attorney Fees and Related Expenses. . Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 25, 2015 Filing 291 MEMORANDUM OF LAW in Opposition re: #235 MOTION for Attorney Fees and Related Expenses. . Document filed by Jeffrey Sonnabend. (Oxenburg, Benjamin)
March 25, 2015 Filing 290 DECLARATION of A. Michael Furman in Opposition re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Jeffrey Sonnabend. (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 Appendix 1)(Oxenburg, Benjamin)
March 23, 2015 Filing 289 TRANSCRIPT REQUEST FORM 22. No transcript ordered. Document filed by Worldwide Home Products, Inc.. (nd)
March 20, 2015 Filing 288 MEMORANDUM OF LAW in Opposition re: #269 MOTION to Intervene and for Immediate Stay (with Rule A.2(b) Certification Included). . Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 20, 2015 Filing 287 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jennifer H. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10724377. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(O'Connor, Edward) Modified on 3/20/2015 (wb).
March 20, 2015 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #287 MOTION for Jennifer H. Hamilton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10724377. Motion and supporting papers to be reviewed by Clerk's Office staff.. Certificate of Good Standing Must be issued from Supreme Court of California with a Clerk of Court Signature. Re-file the document as a Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (wb)
March 20, 2015 Appeal Fee Payment: for #279 Notice of Appeal to the Federal Circuit. Filing fee $ 505.00, receipt number 0208-10726745. (Rivkin, Vitaly)
March 17, 2015 Filing 286 NOTICE OF DOCKETING & USCA Case Number 15-1461 from the US Court of Appeals, Federal Circuit assigned to #279 Notice of Appeal to the Federal Circuit filed by Worldwide Home Products, Inc.. (nd)
March 12, 2015 Opinion or Order Filing 285 ORDER granting #282 Letter Motion for Extension of Time to File Response/Reply. The requested extension is granted. SO ORDERED. Replies due by 3/25/2015. (Signed by Judge Laura Taylor Swain on 3/11/2015) (ajs)
March 12, 2015 Opinion or Order Filing 284 MEMO ENDORSEMENT on re: #283 Letter filed by Jeffrey Sonnabend, re: Seeking Clarification of Order (Dkt. No. 280). ENDORSEMENT: The extension request, as modified, is granted. This order supersedes docket entry # 280. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/11/2015) (ajs)
March 11, 2015 Filing 283 LETTER addressed to Judge Laura Taylor Swain from A. Michael Furman dated March 11, 2015 re: Seeking Clarification of Order (Dkt. No. 280). Document filed by Jeffrey Sonnabend.(Lemkhen, Izabell)
March 10, 2015 Filing 282 LETTER MOTION for Extension of Time to File Response/Reply as to #235 MOTION for Attorney Fees and Related Expenses. addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated March 10, 2015. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
March 10, 2015 Filing 281 NOTICE OF CHANGE OF ADDRESS by Edward F O'Connor on behalf of Bed, Bath and Beyond Inc., Cohesion Products Inc.. New Address: Avyno Law, P.C., 6345 Balboa Blvd., Suite 190, Encino, CA, USA 91316, 818.488.8140. (O'Connor, Edward)
March 10, 2015 Opinion or Order Filing 280 ORDER granting #277 Letter Motion for Extension of Time to File. The requested extension of time to appeal is granted. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/9/2015) (ajs)
March 10, 2015 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit via email re: #279 Notice of Appeal to the Federal Circuit. (nd)
March 9, 2015 Appeal Fee Due: for #279 Notice of Appeal to the Federal Circuit. $505.00 Appeal fee due by 3/23/2015. (nd)
March 9, 2015 Filing 279 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #226 Clerk's Judgment,,, #256 Memorandum & Opinion,,,,. Form 7 and Form 22 are due within 14 days. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
March 9, 2015 Filing 278 FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL TO THE FEDERAL CIRCUIT. Form 7 and Form 22 are due within 14 days. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly) Modified on 3/9/2015 (nd).
March 9, 2015 ***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney Rivkin, Vitaly to RE-FILE Document No. #278 Notice of Appeal to the Federal Circuit,. The filing is deficient for the following reason: the Order/Judgment being appealed was NOT selected. Re-file the document as a Notice of Appeal to the Federal Circuit event and select the correct Order/Judgment being appealed. (nd)
March 6, 2015 Filing 277 FIRST LETTER MOTION for Extension of Time to File Notice of Appeal. addressed to Judge Laura Taylor Swain from Izabell Lemkhen dated March 6, 2015. Document filed by Jeffrey Sonnabend.(Lemkhen, Izabell)
March 5, 2015 Filing 276 NOTICE OF CHANGE OF ADDRESS by Uleses Columbus Henderson on behalf of All Defendants. New Address: One LLP, 9301 Wilshire Boulevard, Penthouse Suite, Beverly Hills, CA, United States 90210, 310-866-5157. (Henderson, Uleses)
March 4, 2015 Filing 275 DECLARATION of Robert Doherty in Opposition re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
March 4, 2015 Filing 274 DECLARATION of V. David Rivkin in Opposition re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit A)(Rivkin, Vitaly)
March 4, 2015 Filing 273 MEMORANDUM OF LAW in Opposition re: #235 MOTION for Attorney Fees and Related Expenses. . Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
March 4, 2015 Filing 272 RESPONSE TO ORDER TO SHOW CAUSE re: #267 Order to Show Cause,,. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
March 3, 2015 Filing 271 BRIEF re: #267 Order to Show Cause,, . Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
March 3, 2015 Filing 270 NOTICE OF CHANGE OF ADDRESS by Benjamin Michael Oxenburg on behalf of Jeffrey Sonnabend. New Address: Furman Kornfeld & Brennan LLP, 61 Broadway, 26th Floor, New York, New York, USA 10006, (212) 867-4100. (Oxenburg, Benjamin)
March 3, 2015 Filing 269 MOTION to Intervene and for Immediate Stay (with Rule A.2(b) Certification Included). Document filed by Jeffrey Sonnabend.(Oxenburg, Benjamin)
March 2, 2015 Opinion or Order Filing 268 ORDER terminating #263 Motion to Intervene. It is hereby ORDERED, that the above-referenced motion is hereby TERMINATED for purposes of the Court's docket, without prejudice to reinstatement upon application, upon notice to adverse parties and accompanied by the requisite certification; it is further ORDERED, that no response to the motion is required unless a reinstatement application is granted, in which case the time to respond of any adverse party will be calculated from the date of service of the order of reinstatement and in accordance with Local Civil Rule 6.1 of the United States District Court for the Southern District of New York. (See Order.) (Signed by Judge Laura Taylor Swain on 3/2/2015) (ajs)
February 26, 2015 Opinion or Order Filing 267 ORDER re: #266 : This Order amends and supersedes the memorandum endorsed order entered on February 26, 2015 (docket entry no. 266). Plaintiff's page extension request (docket entry no. 262) is granted. Defendants are hereby ordered to show cause, through a written submission filed (with a courtesy copy provided for chambers) no later than March 3, 2015, as to why the exhibits referenced in docket entry number 262 should not be filed on the public ECF system in light of the First Amendment and common law rights of access to judicial documents. (Signed by Judge Laura Taylor Swain on 2/26/2015) (tn)
February 26, 2015 Opinion or Order Filing 266 ORDER granting #262 Letter Motion for Leave to File Excess Pages. The page extension request is granted. Plaintiffs are hereby ordered to show cause, through a written submission filed (with a courtesy copy provided for Chambers) no later than March 3, 2015, as to why the above referenced Exhibits should not be filed on the public ECF system in light of the First Amendment and common law rights of access to judicial documents. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/26/2015) (ajs)
February 26, 2015 Filing 265 MEMORANDUM OF LAW in Support re: #263 MOTION to Intervene and for Immediate Stay. . Document filed by Jeffrey Sonnabend. (Lemkhen, Izabell)
February 26, 2015 Filing 264 DECLARATION of A. Michael Furman in Support re: #263 MOTION to Intervene and for Immediate Stay.. Document filed by Jeffrey Sonnabend. (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)(Lemkhen, Izabell)
February 26, 2015 Filing 263 MOTION to Intervene and for Immediate Stay. Document filed by Jeffrey Sonnabend.(Lemkhen, Izabell)
February 25, 2015 Filing 262 LETTER MOTION for Leave to File Excess Pages and to deny Petitioner's letter application, dated October 29, 2013, to file under seal addressed to Judge Laura Taylor Swain from V. David Rivkin dated February 25, 2015. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
February 20, 2015 Filing 261 NOTICE OF CHANGE OF ADDRESS by Lewis Emery Hudnell, III on behalf of All Defendants. New Address: Hudnell Law Group P.C., 800 W. El Camino Real, Suite 180, Mountain View, California, USA 94040, 650-564-7720. (Hudnell, Lewis)
February 20, 2015 Filing 260 NOTICE OF APPEARANCE by Izabell Lemkhen on behalf of Jeffrey Sonnabend. (Lemkhen, Izabell)
February 19, 2015 Opinion or Order Filing 259 ENDORSED LETTER addressed to Judge Laura Taylor Swain from A. Michael Furman dated 2/18/2015 re: Extension of time. ENDORSEMENT: The requested extension of time is granted. Mr. Furman is directed to file an appearance on ECF as counsel for Mr. Sonnabend in the capacity of motion respondent. Any application for intervenor status must be made by motion. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/18/2015) (ajs)
February 18, 2015 Opinion or Order Filing 258 ORDER granting #257 Letter Motion for Extension of Time to File Response/Reply. The requested extension is granted. DE # 257 is resolved. SO ORDERED. Responses due by 3/4/2015. (Signed by Judge Laura Taylor Swain on 2/18/2015) (ajs)
February 17, 2015 Filing 257 LETTER MOTION for Extension of Time to File Response/Reply as to #235 MOTION for Attorney Fees and Related Expenses. addressed to Judge Laura Taylor Swain from V. David Rivkin dated February 17, 2015. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
February 11, 2015 Opinion or Order Filing 256 MEMORANDUM OPINION AND ORDER re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment, #225 Memorandum & Opinion, filed by Worldwide Home Products, Inc. For the foregoing reasons, Plaintiff's motion for reconsideration is granted and, upon reconsideration, Defendants' motion for summary judgment of non-infringement is granted and the '300 patent is declared invalid and unenforceable as the product of inequitable conduct. Plaintiff's claims of infringement are dismissed. Plaintiff's motions for summary judgment and to strike the testimony of William Poms are denied in their entirety. This Memorandum Opinion and Order resolves docket entry no. 232, nunc pro tunc to September 30, 2013, and supersedes docket entry no. 225. Plaintiff's opposition to Defendants' application for attorneys' fees must be filed within 14 days after entry of this Memorandum Opinion and Order. (See docket entry nos. #235 and #241 .) SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/11/2015) (ajs)
September 30, 2014 Opinion or Order Filing 255 MEMORANDUM OPINION AND ORDER re: #200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11 filed by Bed, Bath and Beyond Inc., Cohesion Products Inc. As set forth within, Defendants' motion for sanctions is denied. This Order resolves docket entry no. 200. SO ORDERED. (See Order.) (Signed by Judge Laura Taylor Swain on 9/30/2014) (ajs)
February 20, 2014 Opinion or Order Filing 254 ORDER FOR ADMISSION PRO HAC VICE: granting #231 Motion for Gail E. Podolsky to Appear Pro Hac Vice. (Signed by Judge Laura Taylor Swain on 2/20/2014) (ama)
January 6, 2014 Filing 253 NOTICE OF CHANGE OF ADDRESS by Gail Ellen Podolsky on behalf of Worldwide Home Products, Inc.. New Address: CARLTON FIELDS JORDEN BURT, P.A., 1201 West Peachtree Street, Suite 3000, ATLANTA, GEORGIA, US 30309, (404) 815-2714. (Podolsky, Gail)
January 6, 2014 Filing 252 NOTICE OF CHANGE OF ADDRESS by Vitaly David Rivkin on behalf of Worldwide Home Products, Inc.. New Address: CARLTON FIELDS JORDEN BURT, P.A., 405 LEXINGTON AVE., 29TH FLOOR, NEW YORK, NEW YORK, US 10174, 212-785-2577. (Rivkin, Vitaly)
December 6, 2013 Filing 251 MEMO ENDORSEMENT on #249 Letter, filed by Bed, Bath and Beyond Inc., Cohesion Products Inc. ENDORSEMENT: The request for consideration of a surreply is denied. The motion is fully briefed. (Signed by Judge Laura Taylor Swain on 12/5/2013) (cd)
December 5, 2013 Filing 250 LETTER addressed to Judge Laura Taylor Swain from V. David Rivkin dated 12-5-2013 re: Opposition to Defendant's Request for Leave to File Sur-reply. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
December 4, 2013 Filing 249 LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated December 4, 2013 re: Seek Leave to File a Sur-Reply to Plaintiff's Reply Brief in Further Support of Its Motion to Alter, Amend, Vacate, or Set Aside the Sept. 30, 2013 Memorandum Opinion & Order. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
November 27, 2013 Filing 248 REPLY MEMORANDUM OF LAW in Support re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,.. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
November 21, 2013 Opinion or Order Filing 247 ORDER granting #245 Letter Motion for Extension of Time to File Response/Reply re #245 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Laura Taylor Swain from V. David Rivkin dated 11/20/2013. (Replies due by 11/27/2013.); Granting #245 Letter Motion for Leave to File Excess Pages. Both requests are granted. So ordered. (Signed by Judge Laura Taylor Swain on 11/21/2013). (rjm)
November 20, 2013 Filing 246 LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated November 20, 2013 re: Opposition to Plaintiff's Letter Motion for Leave to File Excess Pages #245 . Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
November 20, 2013 Filing 245 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Laura Taylor Swain from V. David Rivkin dated 11/20/2013., LETTER MOTION for Leave to File Excess Pages addressed to Judge Laura Taylor Swain from V. David Rivkin dated 11/20/2013. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
November 14, 2013 Filing 244 DECLARATION of Uleses C. Henderson, Jr. in Opposition re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(O'Connor, Edward)
November 14, 2013 Filing 243 MEMORANDUM OF LAW in Opposition re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
November 14, 2013 Filing 242 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 11/12/2013 re: I am former counsel for plaintiff in the above referenced matter. I request that I be permitted until 14 days after decision on the pending Rule 59(e) motion to move to intervene in connection with the 1927 motion and to file opposition papers to the 1927 motion. ENDORSEMENT: The foregoing request is granted. (Signed by Judge Laura Taylor Swain on 11/14/2013) (rsh)
November 6, 2013 Opinion or Order Filing 241 ORDER granting #240 Letter Motion for Extension of Time. The request for extension of the opposition deadline to 14 days after the acting on the reconsideration motion is granted. (Signed by Judge Laura Taylor Swain on 11/5/2013) (cd)
November 4, 2013 Filing 240 LETTER MOTION for Extension of Time addressed to Judge Laura Taylor Swain from V. David Rivkin dated 11/4/2013. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
October 29, 2013 Filing 239 AMENDED MEMORANDUM OF LAW in Support re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit A)(O'Connor, Edward)
October 29, 2013 Filing 238 MEMORANDUM OF LAW in Support re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
October 29, 2013 Filing 237 DECLARATION of Uleses C. Henderson, Jr. in Support re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14, #4 Exhibit 15, #5 Exhibit 16, #6 Exhibit 17, #7 Exhibit 18, #8 Exhibit 19, #9 Exhibit 20, #10 Exhibit 21, #11 Exhibit 22, #12 Exhibit 23, #13 Exhibit 24, #14 Exhibit 25, #15 Exhibit 26, #16 Exhibit 27)(O'Connor, Edward)
October 29, 2013 Filing 236 DECLARATION of Edward F. O'Connor in Support re: #235 MOTION for Attorney Fees and Related Expenses.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 1A (under seal), #2 Exhibit 1B (under seal), #3 Exhibit 1C (under seal), #4 Exhibit 1D (under seal), #5 Exhibit 1E (under seal), #6 Exhibit 2 (under seal), #7 Exhibit 3 (under seal), #8 Exhibit 4 (under seal), #9 Exhibit 5 (under seal), #10 Exhibit 6 (under seal), #11 Exhibit 7 (under seal), #12 Exhibit 8 (under seal), #13 Exhibit 9 (under seal), #14 Exhibit 10, #15 Exhibit 11)(O'Connor, Edward)
October 29, 2013 Filing 235 MOTION for Attorney Fees and Related Expenses. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
October 28, 2013 Filing 234 MEMORANDUM OF LAW in Support re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,.. Document filed by Worldwide Home Products, Inc.. (Rivkin, Vitaly)
October 28, 2013 Filing 233 DECLARATION of V. DAVID RIVKIN in Support re: #232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Errata O)(Rivkin, Vitaly)
October 28, 2013 Filing 232 MOTION to Alter Judgment re: #226 Clerk's Judgment,,, #225 Memorandum & Opinion,,,,,,,,,,,. Document filed by Worldwide Home Products, Inc..(Rivkin, Vitaly)
October 28, 2013 Filing 231 AMENDED MOTION for Gail E. Podolsky to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Podolsky, Gail)
October 28, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #231 AMENDED MOTION for Gail E. Podolsky to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 23, 2013 Filing 230 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gail E. Podolsky to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9002010. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Podolsky, Gail) Modified on 10/23/2013 (bcu).
October 23, 2013 Filing 229 NOTICE OF CHANGE OF ADDRESS by Vitaly David Rivkin on behalf of Worldwide Home Products, Inc.. New Address: CARLTON FIELDS, P.A., 405 LEXINGTON AVENUE, 29th FLOOR, NEW YORK, NEW YORK, UNITED STATES 10174-0002, 212-785-2577. (Rivkin, Vitaly)
October 23, 2013 Opinion or Order Filing 228 STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: Jeffrey Sonnabend withdraws as counsel for plaintiff and Carlton Fields is hereby substituted in place of Jeffrey Sonnabend. So Ordered. (Signed by Judge Laura Taylor Swain on 10/22/2013) (cd)
October 23, 2013 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #230 MOTION for Gail E. Podolsky to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9002010. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of Georgia and not from a District Court. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu)
October 22, 2013 Filing 227 LETTER addressed to Judge Laura Taylor Swain from V. David Rivkin dated October 22, 2013 re: Substitution of Counsel. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Text of Proposed Order)(Rivkin, Vitaly)
September 30, 2013 Filing 226 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 30, 2013, Defendants' motion for summary judgment for non-infringement is granted and the '300 patent is declared invalid as the product of inequitable conduct and therefore it is unenforceable; Plaintiff's claims of infringement are dismissed; Plaintiffs' motions for summary judgment and to strike the testimony of William Poms are denied in their entirety, and judgment is hereby entered in favor of Defendants'; accordingly, the case is closed. Defendants may make any available motion for attorneys fees within thirty (30) days after the entery of Judgment, in accordance with Federal Rule Civil Procedure 54. (Signed by Clerk of Court Ruby Krajick on 9/30/2013) (Attachments: #1 Notice of Right to Appeal)(dt)
September 30, 2013 Terminate Transcript Deadlines (dt)
September 30, 2013 Opinion or Order Filing 225 MEMORANDUM OPINION AND ORDER re: #204 MOTION in Limine No. 1, filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., #219 MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2). MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2), filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., #152 MOTION for Summary Judgment on Inequitable Conduct, filed by Worldwide Home Products, Inc., #186 MOTION for Summary Judgment of Infringement, filed by Worldwide Home Products, Inc., #140 MOTION for Summary Judgment, filed by Time, Inc., Sherry Hanson, Bed, Bath and Beyond Inc., Cohesion Products Inc., #160 MOTION to Strike Document No. #159 , filed by Worldwide Home Products, Inc., #148 MOTION to Preclude Testimony of William Poms, filed by Worldwide Home Products, Inc., #206 MOTION in Limine to bifurcate issue of inequitable conduct, filed by Worldwide Home Products, Inc., #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300, filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis, filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., #156 MOTION for Reconsideration re; #153 Memorandum & Opinion, Terminate Deadlines, Set Deadlines, (re: Markman Ruling), filed by Worldwide Home Products, Inc., #166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice, filed by Time, Inc., Sherry Hanson, Bed, Bath and Beyond Inc., Cohesion Products Inc., #173 MOTION to Preclude testimony of David Nolte, filed by Worldwide Home Products, Inc. For the foregoing reasons, Defendants' motion for summary judgment for noninfringement is granted and the '300 patent is declared invalid as the product of inequitable conduct and therefore it is unenforceable. Plaintiff's claims of infringement are dismissed. Plaintiff's motions for summary judgment and to strike the testimony of William Poms are denied in their entirety. The Clerk of Court is directed to terminate all pending motions with the exception of docket entry number 200, enter judgment in Defendants' favor and close this case. Defendants may make any available motion for attorney's fees within thirty (30) days after the entry of judgment, in accordance with Federal Rule of Civil Procedure 54. SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/30/2013) (ja)
September 30, 2013 Transmission to Judgments and Orders Clerk. Transmitted re: #225 Memorandum Opinion and Order to the Judgments and Orders Clerk. (ja)
June 21, 2013 Filing 224 LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 6/20/2013 re: Plaintiff requests either leave to file a brief sur-reply, or alternatively to have the present letter entered on the record and considered by the Court in ruling on the instant motion. Document filed by Worldwide Home Products, Inc.(cd)
June 19, 2013 Filing 223 REPLY to Response to Motion re: #219 MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2). MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2).. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
June 10, 2013 Filing 222 MEMORANDUM OF LAW in Opposition re: #219 MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2). MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2).. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
June 5, 2013 Filing 221 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated 6/3/2013 re: Request that on 6/14/2013 a comprehensive hearing be held on the outstanding motions. ENDORSEMENT: The 6/14/2013, conference is adjourned sine die, in light of the pending motion practice. The request for a hearing on the motions is denied. The court will inform the parties if oral argument is necessary at a later date. (Signed by Judge Laura Taylor Swain on 6/4/2013) (cd)
June 5, 2013 Filing 220 DECLARATION of Edward F. O'Connor in Support re: #219 MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2). MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2).. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(O'Connor, Edward)
June 5, 2013 Filing 219 MOTION in Limine To Preclude Introduction Into Evidence and Any References to the Patent License Agreement Entered Into Between Plaintiff and Tiger J Dated April 11, 2013 (Motion in Limine No. 2). Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
May 31, 2013 Filing 218 REPLY MEMORANDUM OF LAW in Support re: #206 MOTION in Limine to bifurcate issue of inequitable conduct.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
May 23, 2013 Filing 217 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated 5/21/2013 re: It is respectfully requested that this Court consider these objections as being in the nature of a motion in limine. At a minimum, Defendants object to any consideration of the last-minute license agreement and any representations as to Mr. Coia's testimony regarding that last-minute license agreement. ENDORSEMENT: The Court declines to consider this letter as an informal "Motion in Limine". Defense counsel may make a properly noticed and briefed motion in limine concerning this issue. Any such motion must be filed by June 7, 2013, and briefed in accordance with local Civil Rule 6.1. (Motions due by 6/7/2013.) (Signed by Judge Laura Taylor Swain on 5/22/2013) (ft)
May 23, 2013 Filing 216 Letter addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 5/22/2013 re: Plaintiff therefore requests that the Court disregard Defendants' recent ex-parte-motion-by-letter, or, if the Court is inclined to consider the points raised, to order proper briefing on the motion. Document filed by Worldwide Home Products, Inc. (ft)
May 22, 2013 Filing 215 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 5/20/2013 re: Counsel writes pursuant to the Court's Individual Practice 1(e) to request an extension of time to file Plaintiff's reply brief in connection with its motion in limine. I request an extension of one week, until May 31. ENDORSEMENT: The request is granted. (Replies due by 5/31/2013.) (Signed by Judge Laura Taylor Swain on 5/22/2013) (ft)
May 21, 2013 Filing 214 Letter addressed to Judge Laura Taylor Swain from Uleses C. Henderson dated 5/17/2013 re: We write in response to Plaintiff's letter to the Court concerning Defendants) reply brief in support of Defendants' pending motion in limine (ECF Doc. No. 204). Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc. (ft)
May 21, 2013 Filing 213 Letter addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 5/20/2013 re: I am counsel to Plaintiff in the above referenced case. I write to correct persisting false representations by Defendants to the Court, in particular, those made in connection with Defendants' motion in limine to preclude the testimony of Vincent Coia contained in Mr. Henderson's letter of May 17. Document filed by Worldwide Home Products, Inc.(ft)
May 17, 2013 Filing 212 Letter addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 5/17/2013 re: I am counsel to Plaintiff in the above referenced case. I write in connection with Defendants' pending motion in limine, and in particular, to correct some false statements and issues raised by Defendants for the first time in their reply brief on that motion. Document filed by Worldwide Home Products, Inc.(ft)
May 17, 2013 Filing 211 MEMORANDUM OF LAW in Opposition re: #206 MOTION in Limine to bifurcate issue of inequitable conduct.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
May 16, 2013 Filing 210 REPLY AFFIDAVIT of Edward F. O'Connor in Support re: #204 MOTION in Limine No. 1.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(O'Connor, Edward)
May 16, 2013 Filing 209 REPLY MEMORANDUM OF LAW in Support re: #204 MOTION in Limine No. 1. To Preclude Vince Coia From Testifying. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
May 10, 2013 Opinion or Order Filing 208 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Edward F. O'Connor dated 5/7/2013 re: On behalf of the Defendants, I would like to request that the Trial Date and the Pre-Trial Conference be taken off calendar, to be reset after the Court has had the opportunity to rule on the motions which are presently pending. In addition, both parties have a number of summary judgment motions pending, each of which, if granted, would most likely be dispositive of this case. Included in the pending motions are the following herein. ENDORSEMENT: The final pretrial conference and related deadlines are adjourned pending further order of the Court. (Signed by Judge Laura Taylor Swain on 5/9/2013) (ft)
May 7, 2013 Filing 207 MEMORANDUM OF LAW in Opposition re: #204 MOTION in Limine No. 1.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
April 30, 2013 Filing 206 MOTION in Limine to bifurcate issue of inequitable conduct. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
April 29, 2013 Filing 205 REPLY to Response to Motion re: #200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
April 23, 2013 Filing 204 MOTION in Limine No. 1. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
April 19, 2013 Filing 203 MEMORANDUM OF LAW in Opposition re: #200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
April 5, 2013 Filing 202 DECLARATION of Uleses C. Henderson, Jr. in Support re: #200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (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 - Part 1, #11 Exhibit 10 - Part 2_Part 1, #12 Exhibit 10 - Part 2_Part 2, #13 Exhibit 10 - Part 3, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13)(Henderson, Uleses)
April 5, 2013 Filing 201 MEMORANDUM OF LAW in Support re: #200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
April 5, 2013 Filing 200 MOTION for Sanctions Pursuant to Fed. R. Civ. P. 11. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(Henderson, Uleses)
April 2, 2013 Filing 199 REPLY MEMORANDUM OF LAW in Support re: #186 MOTION for Summary Judgment of Infringement.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 29, 2013 Filing 198 REPLY MEMORANDUM OF LAW in Support re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 29, 2013 Filing 197 REPLY MEMORANDUM OF LAW in Support re: #173 MOTION to Preclude testimony of David Nolte.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 25, 2013 Filing 196 MEMORANDUM OF LAW in Opposition re: #186 MOTION for Summary Judgment of Infringement.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
March 22, 2013 Filing 195 MEMORANDUM OF LAW in Opposition re: #173 MOTION to Preclude testimony of David Nolte.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 22, 2013 Filing 194 COUNTER STATEMENT TO #180 Rule 56.1 Statement. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 22, 2013 Filing 193 DECLARATION of Jeffrey Sonnabend in Opposition re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1-2)(Sonnabend, Jeffrey)
March 22, 2013 Filing 192 DECLARATION of Vincent Coia in Opposition re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 22, 2013 Filing 191 MEMORANDUM OF LAW in Opposition re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 18, 2013 Filing 190 COUNTER STATEMENT TO #183 Rule 56.1 Statement. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
March 18, 2013 Filing 189 REPLY MEMORANDUM OF LAW in Opposition re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
March 11, 2013 Filing 188 Letter addressed to Judge Laura Taylor Swain from Edward F. O'Connor of The Eclipse Group LLP dated 3/7/2013 re: This is in reply to the letter of 3/5/2013 to you from Jeffrey Sonnabend, counsel for Plaintiff in this action. Defendants strongly object to Plaintiff's attempt to circumvent the rules by including arguments in a letter to you in which he requests leave to file a sur-reply to our reply to his opposition to our motion to preclude the testimony of Plaintiff's expert.(sac)
March 11, 2013 Filing 187 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 3/5/2013 re: I am counsel for Plaintiff in this action. I write in connection with Defendants' Reply to Plaintiff's Opposition to Defendants' Motion to Preclude the Testimony of Klaus Sydow and the dismiss, filed yesterday (ECF Entry NO. 172). I write to alert the Court to a manifestly false statement made by Defendants, and to request leave to file a short sur-reply of approximately 3-4 pages. Plaintiff requests leave to file a very short sur-reply to address this discrete issue on the record. ENDORSEMENT: This letter and defendant's 3/7/2013, response thereto will be made part of the record. No further submissions. (Signed by Judge Laura Taylor Swain on 3/8/2013) (sac)
March 8, 2013 Filing 186 MOTION for Summary Judgment of Infringement. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
March 8, 2013 Filing 185 DECLARATION of Jeffrey Sonnabend in Opposition re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
March 8, 2013 Filing 184 DECLARATION of Robert Doherty in Opposition re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
March 8, 2013 Filing 183 RULE 56.1 STATEMENT. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 8, 2013 Filing 182 MEMORANDUM OF LAW in Opposition re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
March 8, 2013 Filing 181 DECLARATION of Edward F. O'Connor in Support re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(O'Connor, Edward)
March 8, 2013 Filing 180 RULE 56.1 STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 8, 2013 Filing 179 MEMORANDUM OF LAW in Support re: #178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
March 8, 2013 Filing 178 MOTION for Summary Judgment of Plaintiff's Failure to Present Proper Royalty Analysis. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(O'Connor, Edward)
March 5, 2013 Filing 177 DECLARATION of Uleses C. Henderson, Jr. in Support re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6)(Henderson, Uleses)
March 5, 2013 Filing 176 RULE 56.1 STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
March 5, 2013 Filing 175 MEMORANDUM OF LAW in Support re: #174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Henderson, Uleses)
March 5, 2013 Filing 174 MOTION for Summary Judgment of Noninfringement of U.S. Patent No. 7,938,300. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc..(Henderson, Uleses)
March 5, 2013 Filing 173 MOTION to Preclude testimony of David Nolte. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
March 4, 2013 Filing 172 REPLY MEMORANDUM OF LAW in Support re: #166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
March 1, 2013 Filing 171 NOTICE OF CHANGE OF ADDRESS by Uleses Columbus Henderson on behalf of Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. New Address: The Eclipse Group LLP, 2020 Main Street, Suite 600, Irvine, California, USA 92614, (949) 851-5000 or (619) 239-4340. (Henderson, Uleses)
March 1, 2013 Filing 170 NOTICE OF CHANGE OF ADDRESS by Edward F O'Connor on behalf of Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. New Address: The Eclipse Group LLP, 2020 Main Street, Suite 600, Irvine, California, USA 92614, (949) 851-5000 or (619) 239-4340. (O'Connor, Edward)
February 22, 2013 Filing 169 MEMORANDUM OF LAW in Opposition re: #166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1 and 2)(Sonnabend, Jeffrey)
February 14, 2013 Filing 168 DECLARATION of Edward F. O'Connor in Support re: #166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(O'Connor, Edward)
February 14, 2013 Filing 167 MEMORANDUM OF LAW in Support re: #166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Text of Proposed Order)(O'Connor, Edward)
February 14, 2013 Filing 166 MOTION to Preclude The Testimony of Plaintiff's Expert Klaus Sydow and Motion to Dismiss Plaintiff's Case With Prejudice. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..(O'Connor, Edward)
January 29, 2013 Filing 165 REPLY MEMORANDUM OF LAW in Support re: #156 MOTION for Reconsideration re; #153 Memorandum & Opinion, Terminate Deadlines, Set Deadlines,,,,,, (re: Markman Ruling).. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
January 28, 2013 Filing 164 MEMORANDUM OF LAW in Opposition re: #156 MOTION for Reconsideration re; #153 Memorandum & Opinion, Terminate Deadlines, Set Deadlines,,,,,, (re: Markman Ruling).. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (O'Connor, Edward)
January 24, 2013 Filing 163 REPLY MEMORANDUM OF LAW in Support re: #152 MOTION for Summary Judgment on Inequitable Conduct.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
January 22, 2013 Opinion or Order Filing 162 MEMORANDUM OPINION AND ORDER re: #102845 #100 MOTION to Dismiss certain affirmative defenses, MOTION to Strike counterclaims, filed by Worldwide Home Products, Inc. Accordingly, the motion to dismiss the Fifth Counterclaim is granted. For the foregoing reasons, Plaintiff's motion is granted insofar as it seeks to dismiss and strike the First Counterclaim, and insofar as it seeks to dismiss the Second and Fourth Counterclaims. It is denied in all other respects. Plaintiff may file an amended answer including counterclaims consistent with its application to amend the First and Second Counterclaims, no later than February 6, 2013. This Memorandum Opinion and Order resolves docket entry no. 100. (Signed by Judge Laura Taylor Swain on 1/22/2013) (ja) (ja). Modified on 1/29/2013 (jab).
January 16, 2013 Filing 161 REPLY MEMORANDUM OF LAW in Support re: #148 MOTION to Preclude Testimony of William Poms.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
January 15, 2013 Filing 160 MOTION to Strike Document No. #159 . Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
January 14, 2013 Filing 159 Objection re: #150 Counter Statement to Rule 56.1. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
January 14, 2013 Filing 158 REPLY MEMORANDUM OF LAW in Opposition re: #140 MOTION for Summary Judgment.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
January 9, 2013 Filing 157 MEMORANDUM OF LAW in Opposition re: #152 MOTION for Summary Judgment on Inequitable Conduct.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
January 9, 2013 Filing 156 MOTION for Reconsideration re; #153 Memorandum & Opinion, Terminate Deadlines, Set Deadlines,,,,,, (re: Markman Ruling). Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
January 8, 2013 Filing 155 MEMORANDUM OF LAW in Opposition re: #148 MOTION to Preclude Testimony of William Poms.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
January 8, 2013 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Edward F O'Connor to RE-FILE Document #154 Memorandum of Law in Opposition to Motion. ERROR(S): Incomplete Document (i.e., No Court Type, No Parties, No Document Type). (db)
January 7, 2013 Filing 154 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Opposition re: #148 MOTION to Preclude Testimony of William Poms.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc. (O'Connor, Edward) Modified on 1/8/2013 (db).
January 3, 2013 Opinion or Order Filing 153 MEMORANDUM OPINION AND ORDER: #102750 For the foregoing reasons, the Court hereby adopts the following constructions with respect to the five disputed claim terms, listed herein. This matter remains referred to Judge Dolinger for general pretrial management. This Order terminates docket entry no. 15. Any dispositive motions must be filed by March 8, 2013. The final pre-trial conference will be held on May 31, 2013, at 11:00 am. All other aspects of the Pre-Trial Scheduling Order (docket entry no. 24) remain in place. ( Motions due by 3/8/2013.) (Signed by Judge Laura Taylor Swain on 1/3/2013) (mro) Modified on 1/7/2013 (jab).
January 3, 2013 Set/Reset Hearings: Final Pretrial Conference set for 5/31/2013 at 11:00 AM before Judge Laura Taylor Swain. (mro)
December 21, 2012 Filing 152 MOTION for Summary Judgment on Inequitable Conduct. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
December 21, 2012 Filing 151 DECLARATION of Jeffrey Sonnabend in Opposition re: #140 MOTION for Summary Judgment.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey)
December 21, 2012 Filing 150 COUNTER STATEMENT TO #143 Rule 56.1 Statement. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
December 21, 2012 Filing 149 MEMORANDUM OF LAW in Opposition re: #140 MOTION for Summary Judgment.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
December 21, 2012 Filing 148 MOTION to Preclude Testimony of William Poms. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey)
December 21, 2012 Opinion or Order Filing 147 MEMORANDUM ORDER AND OPINION: #102730 granting #92 Motion to Dismiss. For the foregoing reasons, Hanson and Time's motion to dismiss the Amended complaints against them is granted. This Memorandum Opinion and Order resolves docket entry number 92.(Signed by Judge Laura Taylor Swain on 12/21/2012) (ago) Modified on 12/27/2012 (jab).
December 12, 2012 Opinion or Order Filing 146 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Edward F. O'connor and Jeffrey Sonnabend dated 12/10/2012 re: The parties jointly requests that the Court vacate the deadline for filing the summary judgment motions and vacate the trial date and all of the dates relating to trial of this case until after entry of the Court's Markman decisions, and that the Court reschedule all of said dates after entry of the Court's Markman decisions. ENDORSEMENT: The deadlines and final pretrial conference date are vacated pending resolution of the Markman issues and further order of the Court. (Signed by Judge Laura Taylor Swain on 12/11/2012) (pl)
November 20, 2012 Filing 145 SEALED DOCUMENT placed in vault.(mps)
November 19, 2012 Filing 144 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 11/16/2012 re: I write concerning certain scheduling issues. I request that the Court allow me to file plaintiff's opposition to the pending summary judgment two weeks after the conclusion of the California trial, which I believe will end no later than December 10 or 11. ENDORSEMENT: Plaintiff's papers in opposition to defendants' summary judgment motion are to be served and filed by Dec. 26, 2012. Defendants' reply is due Jan. 14, 2013., ( Responses due by 12/26/2012., Replies due by 1/14/2013.) (Signed by Magistrate Judge Michael H. Dolinger on 11/16/2012) Copies Faxed By Chambers. (lmb)
November 16, 2012 Filing 143 RULE 56.1 STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
November 15, 2012 Filing 142 DECLARATION of Edward F. O'Connor in Support re: #140 MOTION for Summary Judgment.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6, #7 Exhibit A-7, #8 Exhibit A-8, #9 Exhibit A-9, #10 Exhibit A-10, #11 Exhibit A-11, #12 Exhibit A-12, #13 Exhibit B, #14 Exhibit C, #15 Exhibit D, #16 Exhibit E, #17 Exhibit F, #18 Exhibit G)(O'Connor, Edward)
November 15, 2012 Filing 141 MEMORANDUM OF LAW in Support re: #140 MOTION for Summary Judgment.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
November 15, 2012 Filing 140 MOTION for Summary Judgment. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..(O'Connor, Edward)
November 15, 2012 Filing 139 NOTICE of Motion for Summary Judgment. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
October 17, 2012 Opinion or Order Filing 138 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jefferey Sonnabend dated 10/15/2012 re: Counsel writes regarding defendant Cohesion's refusal to comply with the Court's order of October 2, 2012. ENDORSEMENT: Neither side having covered itself with glory, we decline at this stage to impose sanctions. If counsel cannot schedule the deposition of Mr. Mann to occur before the November 6 trial-start date, it is to be taken the week of November 12. The deadline for summary-judgment motions is extended to Dec. 5, 2012. (Deposition due by 11/12/2012, Motions due by 12/5/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 10/16/2012) Copies Faxed By Chambers. (ft)
October 4, 2012 Opinion or Order Filing 137 ORDER: It is hereby Ordered that the deadline for dispostive motions is adjourned to November 21, 2012. ( Motions due by 11/21/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 10/4/2012) Copies Sent By Chambers. (ago)
October 4, 2012 Opinion or Order Filing 136 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated October 2, 2012 re: Plaintiff's counsel writes requesting clarification of the Endoresed Order issued earlier. The plaintiff requests that the Court order Cohesion to produce those documents at the continued 30(b)(6)deposition. ENDORSEMENT: On defendant's consent (O'Conner Oct. 3, 2012 letter) the application is granted. (Signed by Magistrate Judge Michael H. Dolinger on 10/3/2012) Copies Faxed By Chambers. (ago)
October 2, 2012 Filing 135 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger, from Jeffrey Sonnabend, dated 10/2/2012, re: I write concerning Plaintiff's Motion to Compel and/or for Sanctions, renewed by letter to the Court dated September 5, 2012 and subsequently briefed in opposition and, reply in ECF Docket Nos. 130 and 131. By this letter, Plaintiff is therefore inquiring as to the status of the pending renewed motion. ENDORSEMENT: The deadline for dispositve motions is adjourned to November 14, 2012. ( Motions due by 11/14/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 10/2/2012) (ja)
October 2, 2012 Filing 134 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 8/16/2012 re: Counsel writes to renew Plaintiff's motion for sanctions dated June 22, 2012 (ECF Entry No. 111). Plaintiff requests that the Court schedule any reply brief and hearing on the renewed motion no earlier than the second half of the week of September 3, as the undersigned will be traveling outside the country from August 18 until September 1 almost exclusively without access to internet or phone service. ENDORSEMENT: We earlier directed that defendant Cohesion provide a witness capable of answering questions pertaining to items 13, 14 and 16 of the 30(b)(6) notice. A review of the transcript from the August 10 deposition reflects less than satisfactory compliance. Plaintiff may resume the deposition by Oct. 16, 2012 to re-pose questions that the witness was unable to answer and reasonable follow-up. (Signed by Magistrate Judge Michael H. Dolinger on 10/2/2012) (jfe) Modified on 10/2/2012 (jfe).
September 27, 2012 Filing 133 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Uleses C. Henderson, Jr. dated 9/26/2012 re: Any information that Court may be able to provide us on the anticipated timing of the receipt of the Markman ruling would be greatly appreciated. ENDORSEMENT: The Markman ruling remains sub judice. The Court expects to issue its ruling in the near future but cannot promise a particular time frame. (Signed by Judge Laura Taylor Swain on 9/27/2012) (djc)
September 10, 2012 Opinion or Order Filing 132 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 9/5/2012 re: Plaintiff's counsel writes to notify the Court concerning a discovery dispute that has arising in the present matter and request that the Court order Bed Bath & Beyond and Cohesion to fully respond and substantively to Plaintiff's requests to admit. ENDORSEMENT: Defendants are to serve responses to plaintiff's requests to admit by no later than Oct. 5, 2012. Plaintiff's failure to account for the impact of Rule 6(b) has de minimus impact of the schedule and involves no prejudice to defendants. The balance of the pretrial schedule remains unchanged. (Signed by Magistrate Judge Michael H. Dolinger on 9/10/2012) Copies Faxed By Chambers. (ago)
September 5, 2012 Filing 131 REPLY MEMORANDUM OF LAW in Support re: #111 MOTION for Sanctions or, in the alternative. MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc... Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
August 30, 2012 Filing 130 MEMORANDUM OF LAW in Opposition re: #111 MOTION for Sanctions or, in the alternative. MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc... Document filed by Cohesion Products Inc.. (O'Connor, Edward)
August 17, 2012 Opinion or Order Filing 129 ORDER: Plaintiff having renewed its motion for sanctions dated June 22, 2012 (ECF No. 111), it is hereby ORDERED as follows: 1. Defendant' opposition papers are to be served and filed by no later than THURSDAY, AUGUST 30, 2012. 2. Plaintiff's reply papers are to be served and filed by no later than FRIDAY, SEPTEMBER 7, 2012., ( Responses due by 8/30/2012., Replies due by 9/7/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 8/17/2012) Copies Faxed By Chambers. (lmb)
August 7, 2012 Filing 128 NOTICE OF CHANGE OF ADDRESS by Lewis Emery Hudnell, III on behalf of Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. New Address: Colvin Hudnell LLP, 375 Park Avenue, Suite 2607, New York, New York, USA 10152, 347.855.4772. (Hudnell, Lewis)
July 24, 2012 Opinion or Order Filing 127 ORDER: Plaintiffs objections are overruled, the Order will stand, and Mr. Sonnabend must appear for the deposition. Plaintiff has failed to demonstrate that the Order is clearly erroneous or contrary to law. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/24/2012) (ama)
July 20, 2012 Filing 126 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Uleses C. Henderson, Jr. dated 7/19/2012 re: Counsel for Defendant writes that Plaintiff agreed and the parties stipulated that Plaintiff would withdraw its pending Motion for Sanctions against Defendants (ECF Doc.No.117). ENDORSEMENT: The motion for sanctions (ECF #117 is deemed withdrawn., Motions terminated: #117 MOTION for Sanctions. filed by Worldwide Home Products, Inc. (Signed by Magistrate Judge Michael H. Dolinger on 7/19/2012) (pl)
July 20, 2012 Filing 125 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 7/19/2012 re: Counsel for plaintiff request that I be allowed to submit the reply papers 011 Monday, July 23. ENDORSEMENT: Application granted., ( Replies due by 7/23/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 7/19/2012) (pl)
July 18, 2012 Filing 123 MEMORANDUM OF LAW in Opposition re: #117 MOTION for Sanctions.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (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)(Henderson, Uleses)
July 17, 2012 Filing 122 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger, from Uleses C. Henderson, Jr. dated 7/16/2010 re: Counsel for defendants writes to request a joint conference call with the Court to resolve issues regarding Motion for Sanctions. ENDORSEMENT: As stated today at telephone conference, the deposition will proceed as scheduled. (Signed by Magistrate Judge Michael H. Dolinger on 7/17/2012) (ago)
July 17, 2012 Filing 121 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNCE proceeding held on 6/20/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 17, 2012 Filing 120 TRANSCRIPT of Proceedings re: CONFERNCE held on 6/20/2012 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. 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 8/10/2012. Redacted Transcript Deadline set for 8/20/2012. Release of Transcript Restriction set for 10/18/2012.(McGuirk, Kelly)
July 16, 2012 Opinion or Order Filing 124 MEMO ENDORSEMENT ON PLAINTIFF'S MOTION FOR SANCTIONS REGARDING JENNIFER HAMILTON'S AND ULESES HENDERSON'S FAILURE TO COMPLE WITH DISCOVERY ORDER: Endorsement: Defendants are to serve and file their opposition papers by 7/18/2012. Any reply is due by 7/20/2012. (Responses due by 7/18/2012, Replies due by 7/20/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 7/16/2012) (djc)
July 16, 2012 Opinion or Order Filing 119 MEMO ENDORSEMENT ON PLAINTIFF'S RULE 37 MOTION CONCERNING THE 30(b)(6) DEPOSITION OF COHESION: In View of the deposition testimony of Mr. Mann concerning the relationship between defendant Cohesion and 360 Sourcing (insofar as they operate jointly in certain respects) and the employment status of Mr. Yu, as well as Cohesion's conceded ability to obtain information from 360 Sourcing (including documents), Cohesion is ordered to either (1) produce Mr. Yu as a 30(b)(6) witness or (2) have its designated 30(b)(6) witness obtain the requested information from Mr. Yu. A further session of the 30(b)(6) deposition is to be conducted within four weeks. (Signed by Magistrate Judge Michael H. Dolinger on 7/16/2012) (djc)
July 16, 2012 Opinion or Order Filing 118 ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above captioned action on TUESDAY, JULY 17, 2012 at 11:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. (Telephone Conference set for 7/17/2012 at 11:00 AM before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 7/16/2012) Copies Faxed By Chambers. (djc)
July 14, 2012 Filing 117 MOTION for Sanctions. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey)
July 9, 2012 Filing 116 REPLY MEMORANDUM OF LAW in Support re: #111 MOTION for Sanctions or, in the alternative. MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc... Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
July 5, 2012 Filing 115 DECLARATION of Adam Gromfin in Opposition re: #111 MOTION for Sanctions or, in the alternative. MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc... Document filed by Cohesion Products Inc.. (O'Connor, Edward)
July 5, 2012 Filing 114 RESPONSE in Opposition re: #111 MOTION for Sanctions or, in the alternative. MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc... Document filed by Cohesion Products Inc.. (O'Connor, Edward)
June 29, 2012 Filing 113 MEMO ENDORSEMENT ON PLAINTIFFS RULE 37 MOTION CONCERNING THE 30(b)(6) DEPOSITION OF COHESION re: #111 MOTION: ENDORSEMENT: Defendants are to respond to this motion by July 5, 2012. reply papers, if any, are due by July 9, 2012 (Signed by Magistrate Judge Michael H. Dolinger on 6/29/2012) (js)
June 28, 2012 Set/Reset Deadlines: Discovery due by 8/14/2012. (jar)
June 28, 2012 Opinion or Order Filing 112 ENDORSED LETTER addressed to Judge Laura T. Swain from Uleses C. Henderson, Jr. dated 6/26/2012 re: seek the Court's approval to continue the following dates set forth in the 9/9/2011 pretrial scheduling order (doc. #24) All non-expert witness discovery due by 8/14/2012, exchange of expert witness disclosures due by 8/6/2012, rebuttal disclosures due by 9/7/2012, all expert witness discover due by 10/22/2012, dispositive motions due by 11/21/2012. ENDORSEMENT: Application granted. (Motions due by 11/21/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 6/28/2012) (jar)
June 22, 2012 Filing 111 MOTION for Sanctions or, in the alternative., MOTION to Compel Cohesion Products Inc. to Cohesion Products Inc.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1-5)(Sonnabend, Jeffrey)
June 13, 2012 Filing 110 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 6/4/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
June 13, 2012 Filing 109 TRANSCRIPT of Proceedings re: HEARING held on 6/4/2012 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. 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 7/9/2012. Redacted Transcript Deadline set for 7/19/2012. Release of Transcript Restriction set for 9/14/2012.(McGuirk, Kelly)
June 13, 2012 Opinion or Order Filing 108 ORDER: Conference set for 6/20/2012 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger, and as further set forth in this document. (Signed by Magistrate Judge Michael H. Dolinger on 6/12/2012) Copies Faxed By Chambers. (cd)
June 11, 2012 Filing 107 SUPPLEMENTAL CLAIM CONSTRUCTION STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Henderson, Uleses)
June 11, 2012 Filing 106 MEMORANDUM OF LAW in Opposition re: #100 MOTION to Dismiss certain affirmative defenses. MOTION to Strike counterclaims.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
June 11, 2012 Filing 105 SUPPLEMENTAL CLAIM CONSTRUCTION STATEMENT. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey)
June 6, 2012 Filing 104 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend re: Counsel for the plaintiff requests that plaintiff be given until the end of May 7 to submit its responsive letter to defendants' letter of 5/31. ENDORSEMENT: Application granted, except that the deadline is June 7, 2012. (Signed by Magistrate Judge Michael H. Dolinger on 6/5/2012) (mro)
June 4, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Markman Hearing held on 6/4/2012. The Court takes the matter under advisement. Parties shall have until 6/11/2012 to file any post hearing briefs that are no more than 15 pages, double spaced. (lmb)
June 1, 2012 Opinion or Order Filing 103 ORDER: I hereby authorize the attorney herein to bring the General Purpose Computing Devices listed herein into the Courthouse for use in a Markman proceeding in the action entitled Worldwide Home Products, Inc. v. Time, Inc. et al, 1:11-cv-3633-LTS-MHD, which is anticipated to begin on June 4, 2012 and conclude on June 5, 2012. (Signed by Judge Laura Taylor Swain on 5/31/2012) (mro)
May 31, 2012 Filing 102 DECLARATION of Uleses C. Henderson, Jr. in Support re: #92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Uleses)
May 31, 2012 Filing 101 REPLY MEMORANDUM OF LAW in Support re: #92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
May 29, 2012 Minute Entry for proceedings held before Judge Laura Taylor Swain: Interim Pretrial Conference held on 5/29/2012. MARKMAN HRG is scheduled for 6/4/2012 at 9:00 a.m. and on 6/5/2012 at 9:30 a.m. Plaintiff is allotted 2 hours for arguments and defendants is allotted 2 hours for arguments. Plaintiff is allotted 45 minutes for each witness and defendants allotted 45 minutes for each witness. (rjm)
May 24, 2012 Filing 100 MOTION to Dismiss certain affirmative defenses., MOTION to Strike counterclaims. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
May 24, 2012 Filing 99 MEMORANDUM OF LAW in Opposition re: #92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
May 23, 2012 Filing 98 REPLY MEMORANDUM OF LAW in Support re: #88 Objection (non-motion), Objection (non-motion), #87 MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend. MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
May 17, 2012 Filing 97 RESPONSE re: #88 Objection (non-motion), Objection (non-motion). Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Henderson, Uleses)
May 17, 2012 Filing 96 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 5/17/2012 re: Counsel for the plaintiff requests an extension of time for Plaintiff to respond to Defendants' Motion to Dismiss (ECF Entry No. 92), until May 28. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Michael H. Dolinger on 5/17/2012) (ft)
May 17, 2012 Set/Reset Deadlines: Replies due by 5/28/2012. (ft)
May 7, 2012 Filing 95 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Worldwide Home Products, Inc.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Uleses)
May 7, 2012 Filing 94 DECLARATION of Uleses C. Henderson in Support re: #92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Henderson, Uleses)
May 7, 2012 Filing 93 MEMORANDUM OF LAW in Support re: #92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Sherry Hanson, Time, Inc.. (Henderson, Uleses)
May 7, 2012 Filing 92 MOTION to Dismiss Time And Hanson Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Sherry Hanson, Time, Inc..(Henderson, Uleses)
May 4, 2012 Opinion or Order Filing 91 MEMORANDUM AND ORDER re defendants 5/2/2012 letter to modify the 4/30/2012 order: Defendant's application is denied for at least two reasons, as further set forth in this document. (Signed by Magistrate Judge Michael H. Dolinger on 5/3/2012) Copies Mailed By Chambers. (cd)
May 4, 2012 Filing 90 COUNTER CLAIM CONSTRUCTION STATEMENT. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
May 1, 2012 Opinion or Order Filing 89 MEMORANDUM AND ORDER. The documents reflecting confidential submissions by various suppliers to BBB in connection with its reverse product auction are appropriately designated as AEO and withheld from plaintiff's own personnel because their disclosure, in violation of assurances of confidentiality, would be potentially damaging to the companies that made these submissions, and, for that reason, also likely to be injurious to BBB's ability to conduct such auctions in the future. Other financial documents of BBB have not been shown to be properly classified as AEO since the declarations submitted by defendants to not address them. The license agreement between BBB and defendant Time, Inc. is not addressed at all in defendants' declarations. All that we have been offered is a general and conclusory assertion in defendants' memorandum of law that the agreement contains unspecified "highly confidential" information and "sensitive business terms." (Defs.' Opp'n to Pl.'s Mot. to De Designate Defs.' AEO Documents 11). This sort of rhetorical cliche proffered by trial counsel is manifestly inadequate to meet defendants' conceded burden under Rule 26(c). Granting in part and denying in part #69 Motion to de-designate Defendants' AEO designations. (Signed by Magistrate Judge Michael H. Dolinger on 4/30/2012) Copies Mailed By Chambers. (rjm)
April 30, 2012 Filing 88 Objection re: #82 Order,, #87 MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend. MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend. (refiled under correct ECF document type). Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1-8, #2 Exhibit 9 (part 1 of 2), #3 Exhibit 9 (part 2 of 2), #4 Exhibit 10)(Sonnabend, Jeffrey)
April 30, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jeffrey Sonnabend to RE-FILE Document #87 MOTION to Set Aside #82 Order, of Magistrate Judge regarding subpoena of Sonnabend. MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend. Use the event type Objection (non-motion) found under the event list Other Answers. (db)
April 28, 2012 Filing 87 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Set Aside #82 Order,, of Magistrate Judge regarding subpoena of Sonnabend. Document filed by Worldwide Home Products, Inc. (Attachments: #1 Exhibit 1-8, #2 Exhibit 9 (part 1 of 2), #3 Exhibit 9 (part 2 of 2), #4 Exhibit 10)(Sonnabend, Jeffrey) Modified on 4/30/2012 (db).
April 27, 2012 Filing 86 BRIEF Defendants' Responsive Claim Construction Brief. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 2-1, #6 Exhibit 2-2)(Henderson, Uleses)
April 25, 2012 Opinion or Order Filing 85 ORDER denying #28 Motion to Dismiss; denying #28 Motion to Strike ; denying #64 Motion for Judgment on the Pleadings. In light of the filing of the Amended Complaint, Defendant's motion for judgment on the pleadings and Plaintiff's motion to dismiss and strike certain amended affirmative defenses are denied without prejudice as to renewal against the Amended Complaint and any Amended Answer, respectively. This Order resolves docket entry nos. 28 and 64. (Signed by Judge Laura Taylor Swain on 4/24/2012) (lmb)
April 20, 2012 Opinion or Order Filing 84 AMENDED MEMORANDUM AND ORDER: For the reasons noted, plaintiff's motion to amend its complaint and infringement contentions is granted. The amended complaint is deemed served. Defendants may supplement their Rule 12(c) papers within seven days in accordance with the foregoing (Signed by Magistrate Judge Michael H. Dolinger on 4/19/2012) Copies Mailed By Chambers. (jfe)
April 20, 2012 Opinion or Order Filing 83 MEMORANDUM AND ORDER: granting #57 Motion to Amend/Correct. For the reasons noted, plaintiff's motion to amend its complaint and infringement contentions is granted. The amended complaint is deemed served. Defendants may supplement their Rule 12(c) papers within seven days in accordance with the foregoing.(Signed by Magistrate Judge Michael H. Dolinger on 4/19/2012) Copies Mailed By Chambers. (jfe)
April 17, 2012 Opinion or Order Filing 82 ORDER: By letter dated April 9, 2012, defendants requested leave to depose one of plaintiff's attorneys, Jeffrey Sonnabend, Esq., based on his role as the prosecuting patent attorney for plaintiff. The request was limited to inquiring of Mr. Sonnabend about his communications with the patent examiner concerning one item of alleged prior art, which involved a so called Merrick hanger. On defendants' current application, and based on a review of the pertinent portions of the 30 (b) (6) deposition transcript, we ruled at today's conference that defendants may depose Mr. Sonnabend for no more than one hour. (Signed by Magistrate Judge Michael H. Dolinger on 4/17/2012) Copies Mailed By Chambers. (rdz)
April 16, 2012 Opinion or Order Filing 81 ORDER: It is hereby ORDERED that a telephone conference has been scheduled in the above-captioned action on TUESDAY, APRIL 17, 2012 at 11:00 A.M. at which time the parties are directed to jointly call chambers at (212) 805-0204 when all parties are on the line. (Signed by Magistrate Judge Michael H. Dolinger on 4/16/2012) Copies Faxed By Chambers. (js)
April 6, 2012 Filing 80 CLAIM CONSTRUCTION STATEMENT. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1 part 1 of 2, #2 Exhibit 1 part 2 of 2)(Sonnabend, Jeffrey)
March 26, 2012 Filing 79 REPLY MEMORANDUM OF LAW in Support re: #69 MOTION de-designate Defendants' AEO designations.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
March 22, 2012 Filing 78 DECLARATION of Paul Mann in Opposition re: #69 MOTION de-designate Defendants' AEO designations.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
March 22, 2012 Filing 77 DECLARATION of Sherry Hanson in Opposition re: #69 MOTION de-designate Defendants' AEO designations.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
March 22, 2012 Filing 76 DECLARATION of Uleses C. Henderson in Opposition re: #69 MOTION de-designate Defendants' AEO designations.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Uleses)
March 22, 2012 Filing 75 MEMORANDUM OF LAW in Opposition re: #69 MOTION de-designate Defendants' AEO designations.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
March 21, 2012 Filing 74 DECLARATION of Uleses C. Henderson in Support re: #64 MOTION for Judgment on the Pleadings As To Time and Hanson.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Henderson, Uleses)
March 21, 2012 Filing 73 REPLY MEMORANDUM OF LAW in Opposition re: #64 MOTION for Judgment on the Pleadings As To Time and Hanson.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Attachment to Reply)(Henderson, Uleses)
March 20, 2012 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Uleses Columbus Henderson to RE-FILE Document #72 Reply Memorandum of Law in Oppisition to Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
March 20, 2012 Filing 72 FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Opposition re: #64 MOTION for Judgment on the Pleadings As To Time and Hanson.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Attachment to Reply, #2 Declaration of Uleses C. Henderson, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration)(Henderson, Uleses) Modified on 3/21/2012 (ldi).
March 19, 2012 Filing 71 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Uleses C. Henderson, Jr. dated 3/16/2012 re: Counsel for the defendants request that the Court extend the deadline for Plaintiff's opening brief and modify the claim construction briefing schedule as set forth herein. ENDORSEMENT: The request is granted. (Signed by Judge Laura Taylor Swain on 3/19/2012) (ft)
March 15, 2012 Opinion or Order Filing 70 ORDER: Plaintiff having served and filed a motion to de-designate defendants' "attorneys'-eyes-only" documents, it is hereby Ordered as follows: 1. Defendants' opposition papers are to be served and filed by no later than THURSDAY, MARCH 22, 2012. 2. Plaintiff's reply papers are to be served and filed by no later than MONDAY, MARCH 26, 2012. Set Deadlines/Hearing as to #69 MOTION de-designate Defendants' AEO designations:( Responses due by 3/22/2012, Replies due by 3/26/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 3/15/2012) Copies Sent by Chambers.(mro)
March 14, 2012 Filing 69 MOTION de-designate Defendants' AEO designations. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1)(Sonnabend, Jeffrey)
March 13, 2012 Filing 68 MEMORANDUM OF LAW in Opposition re: #64 MOTION for Judgment on the Pleadings As To Time and Hanson.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
February 29, 2012 Filing 67 REPLY MEMORANDUM OF LAW in Support re: #57 MOTION to Amend/Correct #1 Complaint and Plaintiff's Infringement Contentions.. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sonnabend, Jeffrey)
February 28, 2012 Opinion or Order Filing 66 ORDER: Defendants having served and filed a motion for partial judgment on the pleadings dated February 27, 2012, it is hereby ORDERED as follows: 1. Plaintiff's opposition papers are to be served and filed by no later than TUESDAY, MARCH 13, 2012. 2. Defendants' reply papers are to be served and filed by no later than TUESDAY, MARCH 20, 2012. Set Deadlines/Hearing as to #64 MOTION for Judgment on the Pleadings As To Time and Hanson:( Responses due by 3/13/2012, Replies due by 3/20/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 2/28/2012) Copies Faxed By Chambers. (mro)
February 27, 2012 Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION for Judgment on the Pleadings As To Time and Hanson.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
February 27, 2012 Filing 64 MOTION for Judgment on the Pleadings As To Time and Hanson. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..(Henderson, Uleses)
February 24, 2012 Opinion or Order Filing 63 MEMO ENDORSEMENT on re: #53 Memorandum of Law in Support of Motion filed by Worldwide Home Products, Inc. ENDORSEMENT: Application denied. Licensing a trademark does not demonstrate or even suggest inducement of trademark infringement. If plaintiff acquires some evidentiary basis for such a premise, it may reapply for relief. SO ORDERED.(Signed by Magistrate Judge Michael H. Dolinger on 2/24/2012) (ama)
February 24, 2012 Filing 62 MEMORANDUM OF LAW in Opposition re: #57 MOTION to Amend/Correct #1 Complaint and Plaintiff's Infringement Contentions.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
February 24, 2012 Opinion or Order Filing 61 ORDER: A Markman hearing in this matter will be held on June 4-5, 2012. A pre-hearing conference will be held on May 29, 2012, at 2:00p.m. The parties claim construction contentions must be briefed, and supporting evidence served, in accordance with the timetable set forth in N. D. Cal. Patent Local Rule 4-5. Courtesy copies must be provided for Chambers. (Conference set for 5/29/2012 at 02:00 PM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 2/24/2012) (cd)
February 23, 2012 Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 02/08/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
February 23, 2012 Filing 59 TRANSCRIPT of Proceedings re: Conference held on 2/8/2012 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. 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 3/19/2012. Redacted Transcript Deadline set for 3/29/2012. Release of Transcript Restriction set for 5/29/2012.(McGuirk, Kelly)
February 21, 2012 Opinion or Order Filing 58 ORDER: Plaintiff having served and filed a motion for leave to amend the complaint and infringement contentions, it is hereby ORDERED as follows: Defendants' opposition papers are to be served and filed by no later than FRIDAY, FEBRUARY 24, 2012. Plaintiff's reply papers are to be served and filed by no later than WEDNESDAY, FEBRUARY 29, 2012. Set Deadlines/Hearing as to #57 MOTION to Amend/Correct #1 Complaint and Plaintiff's Infringement Contentions :( Responses due by 2/24/2012, Replies due by 2/29/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 2/21/2012) Copies Faxed By Chambers. (mro)
February 17, 2012 Filing 57 MOTION to Amend/Correct #1 Complaint and Plaintiff's Infringement Contentions. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit, #2 Supplement Proposed Amended Complaint)(Sonnabend, Jeffrey)
February 17, 2012 Filing 56 JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit A)(Henderson, Uleses)
February 15, 2012 Opinion or Order Filing 55 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 2/14/2012 re: I write to request an extension until this Friday, February 17, for the parties to submit their Joint Claim Construction Statement. The Joint Claim Construction Statement was originally due today. ENDORSEMENT: The request is granted. So ordered. (Signed by Judge Laura Taylor Swain on 2/15/2012) (rjm)
February 15, 2012 Filing 54 OPPOSITION BRIEF re: #53 Memorandum of Law in Support of Motion To Compel Supplemental Brief. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..(Henderson, Uleses)
February 10, 2012 Filing 53 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #41 MOTION to Compel Defendants to produce and respond.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
February 8, 2012 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Conference held on 2/8/2012. (cd)
February 8, 2012 Opinion or Order Filing 52 ORDER terminating #40 Motion to Quash; terminating #41 Motion to Compel. It is hereby ORDERED as follows: 1. Plaintiff's Motion to Quash Subpoena on Plaintiff's Counsel (Docket # 40) and Motion to Compel Discovery (Docket # 41) were disposed of today on the record. 2. All of the dates set at today's conference stand except for the amended fact-discovery deadline. According to the Pre Trial Scheduling Order that the Honorable Laura T. Swain, U.S.D.J., filed and entered on September 9, 2011, the deadline to complete all non-expert discovery is July 31, 2012 and the deadline to complete all expert discovery is September 28, 2012. The dates in Judge Swain's September 9, 2011 Pre-Trial Scheduling Order shall govern. That Order is attached for counsels' reference. (Signed by Magistrate Judge Michael H. Dolinger on 2/8/2012) Copies Faxed By Chambers. (lmb)
February 3, 2012 Filing 51 NOTICE of Of Intent To Rely On Additional Legal Authority re: #43 Memorandum of Law in Opposition to Motion. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(O'Connor, Edward)
February 2, 2012 Opinion or Order Filing 50 ORDER: It is hereby ORDERED that a conference has been scheduled in this action on WEDNESDAY, FEBRUARY 8, 2012 at 11:00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007 1312. Any requests for adjournment of this scheduled conference must be in ting, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. (Signed by Magistrate Judge Michael H. Dolinger on 2/2/2012) Copies Faxed By Chambers. (ft)
February 1, 2012 Filing 49 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a pretrial conference proceeding held on 9/9/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
February 1, 2012 Filing 48 TRANSCRIPT of Proceedings re: pretrial conference held on 9/9/2011 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 2/27/2012. Redacted Transcript Deadline set for 3/8/2012. Release of Transcript Restriction set for 5/4/2012.(tro)
January 30, 2012 Filing 47 REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Compel Defendants to produce and respond.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
January 30, 2012 Filing 46 REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Quash Subpoena of Jeffrey Sonnabend.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
January 27, 2012 Filing 45 DECLARATION of Uleses C. Henderson, Jr. in Opposition re: #40 MOTION to Quash Subpoena of Jeffrey Sonnabend.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Henderson, Uleses)
January 27, 2012 Filing 44 MEMORANDUM OF LAW in Opposition re: #40 MOTION to Quash Subpoena of Jeffrey Sonnabend.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
January 27, 2012 Filing 43 MEMORANDUM OF LAW in Opposition re: #41 MOTION to Compel Defendants to produce and respond.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
January 27, 2012 Filing 42 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Uleses C. Henderson, Jr dated 1/20/2012 re: Defendants respectfully request that the Court (1) allow Defendants to file their oppositions to the motions, which are currently due on January 27, 2012, and (2) set a telephonic conference on the matters sometime during the week of January 30, 2012. ENDORSEMENT: Defendants' opposition papers are to be served and filed by Jan. 27, 2012. Any reply by plaintiff is due by Jan. 30, 2012. Set Deadlines/Hearing as to #41 MOTION to Compel Defendants to produce and respond., #40 MOTION to Quash Subpoena of Jeffrey Sonnabend. :( Responses due by 1/27/2012, Replies due by 1/30/2012.) (Signed by Magistrate Judge Michael H. Dolinger on 1/23/2012) (jfe)
January 17, 2012 Filing 41 MOTION to Compel Defendants to produce and respond. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Appendix Combined Discovery Requests, #2 Appendix Combined Discovery Responses)(Sonnabend, Jeffrey)
January 17, 2012 Filing 40 MOTION to Quash Subpoena of Jeffrey Sonnabend. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
December 15, 2011 Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 12/7/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 15, 2011 Filing 38 TRANSCRIPT of Proceedings re: Conference held on 12/7/2011 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. 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 1/9/2012. Redacted Transcript Deadline set for 1/20/2012. Release of Transcript Restriction set for 3/19/2012.(McGuirk, Kelly)
December 12, 2011 Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held on 12/12/2011. (ft)
December 9, 2011 Opinion or Order Filing 37 MEMO ENDORSEMENT re: granting #33 Motion to Compel; granting #33 Motion for Protective Order. ENDORSEMENT: Motion disposed of today on the record.. (Signed by Magistrate Judge Michael H. Dolinger on 12/7/2011) (pl)
December 9, 2011 Opinion or Order Filing 36 PROTECTION ORDER...regarding procedures to be followed that shall govern the handling of confidential information... (Signed by Magistrate Judge Michael H. Dolinger on 12/7/2011) (pl)
November 29, 2011 Opinion or Order Filing 35 ORDER: The court declines to reschedule the Dec. 7, 2011 pretrial conference, as requested by defendants' attorney. (Nov. 28, 2011 letter to the court from Lewis E. Hudnell, III, Esq.). If defendants feel the need for two attorneys to attend that conference, both will have to appear in person. (Signed by Magistrate Judge Michael H. Dolinger on 11/29/2011) Copies Faxed By Chambers. (mro)
November 23, 2011 Filing 34 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Jeffrey Sonnabend dated 11/23/2011 re: I write the Court over a scheduling issue that has arisen between the parties. I request that the Court provide the parties with a time for the conference on either December 7 or 8. ENDORSEMENT: The court will conduct a discovery conference with counsel for the parties on Dec. 7, 2011 at 2 p.m. (Signed by Magistrate Judge Michael H. Dolinger on 11/23/2011) (lmb)
November 23, 2011 Set/Reset Hearings: Discovery Hearing set for 12/7/2011 at 02:00 PM before Magistrate Judge Michael H. Dolinger. (lmb)
November 17, 2011 Filing 33 MOTION to Compel., MOTION for Protective Order. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Sonnabend, Jeffrey)
November 14, 2011 Filing 32 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss. MOTION to Strike.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
November 7, 2011 Filing 31 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss. MOTION to Strike.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (Henderson, Uleses)
November 2, 2011 Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a pretrial conference proceeding held on 9/9/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tro)
November 2, 2011 Filing 29 TRANSCRIPT of Proceedings re: pretrial conference held on 9/9/2011 before Judge Laura Taylor Swain. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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 11/28/2011. Redacted Transcript Deadline set for 12/8/2011. Release of Transcript Restriction set for 2/3/2012.(tro)
October 20, 2011 Filing 28 MOTION to Dismiss., MOTION to Strike. Document filed by Worldwide Home Products, Inc.. (Attachments: #1 Exhibit)(Sonnabend, Jeffrey)
September 30, 2011 Filing 27 FIRST AMENDED COUNTERCLAIM amending #12 Answer to Complaint, Counterclaim,, against Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc..Document filed by Sherry Hanson, Time, Inc., Bed, Bath and Beyond Inc., Cohesion Products Inc.. Related document: #12 Answer to Complaint, Counterclaim,, filed by Time, Inc., Sherry Hanson, Bed, Bath and Beyond Inc., Cohesion Products Inc..(Henderson, Uleses)
September 20, 2011 Opinion or Order Filing 26 ORDER: A settlement conference has been scheduled in this action on MONDAY, DECEMBER 12, 2011, at 10:00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. ( Settlement Conference set for 12/12/2011 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 9/20/2011) Copies Sent By Chambers. (jfe)
September 9, 2011 Opinion or Order Filing 25 ORDER denying #15 Motion to Dismiss; denying #15 Motion to Strike. In light of the liberal pleading amendment standard, see Fed. R. Civ. P. 15, and in the interests of judicial economy, Defendants' request for pemission to amend its counterclaims and affirmative defenses is granted and Plaintiffs's motion is denied without prejudice to renewal as against the amended affirmative defenses and counterclaims. Defendant may file final amended counterclaims and affirmative defenses, providing a courtesy copy for Chambers, by September 30, 2011. If no amended counterclaims and affirmative defenses are timely filed, the pending motion may be reinstated and adjudicated as to the current counterclaims and affirmative defenses, with no further opportunity to amend should it be granted. If amended counterclaims and affirmative defenses are timely filed, Plaintiff may renew its motion practice as against the amended counterclaims and affirmative defenses, with appropriately updated papers and in a manner compliant with Paragraph 2B of the undersigned's Individual Practice Rules, or answer the amended counterclaims and affirmative defenses in a timely fashion. This Order terminates docket entry no. 15. (Signed by Judge Laura Taylor Swain on 9/9/2011) (lmb)
September 9, 2011 Opinion or Order Filing 24 PRE-TRIAL SCHEDULING ORDER: Amended Pleadings due by 11/9/2011. Joinder of Parties due by 11/9/2011. Dispositive Pre-Trial Motions due by 10/31/2012. All Expert and Non-Expert Discovery due by 9/28/2012. Final Pretrial Conference set for 1/18/2013 at 11:00 AM in Courtroom 11C, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. The parties must begin meeting with Judge Dolinger for settlement purposes by December 16, 2011. Any Daubert motion practice must be commenced no later than 60 days before the final pretrial conference date, and as further set forth. (Signed by Judge Laura Taylor Swain on 9/9/11) (rjm) (Additional attachment(s) added on 9/13/2011: #1 Pretrial Scheduling Order) (rjm). Modified on 9/19/2011 (rjm).
September 9, 2011 Opinion or Order Filing 23 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge Laura Taylor Swain on 9/9/2011) (tro)
September 9, 2011 Minute Entry for proceedings held before Judge Laura Taylor Swain: Initial Pretrial Conference held on 9/9/2011. PTC Scheduling Order to follow. Case is referred to MJ Dolinger for GPT. (Order to follow.) (Final Pretrial Conference set for 1/18/2013 at 11:00 AM before Judge Laura Taylor Swain.) (ft)
September 2, 2011 Filing 22 JOINT PRETRIAL STATEMENT. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc., Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
August 16, 2011 Filing 21 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss counterclaims. MOTION to Strike affirmative defenses.. Document filed by Worldwide Home Products, Inc.. (Sonnabend, Jeffrey)
August 8, 2011 Filing 20 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Dismiss counterclaims. MOTION to Strike affirmative defenses.. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.. (O'Connor, Edward)
August 8, 2011 CASHIERS OFFICE REMARK on #17 Motion to Appear Pro Hac Vice, #16 Motion to Appear Pro Hac Vice in the amount of $400.00, paid on 07/26/2011, Receipt Number 1012589. (jd)
July 28, 2011 Opinion or Order Filing 19 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting #17 Motion for Edward F. O'Connor to Appear Pro Hac Vice. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. Counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Laura Taylor Swain on 7/28/2011) (lmb)
July 28, 2011 Opinion or Order Filing 18 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting #16 Motion for Uleses C. Henderson to Appear Pro Hac Vice. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. Counsel shall immediately apply for an ECF password at nysd.uscourts.gov. Counsel shall forward the pro hac vice fee to the Clerk of the Court. (Signed by Judge Laura Taylor Swain on 7/28/2011) (lmb)
July 26, 2011 Filing 17 MOTION for Edward F. O'Connor to Appear Pro Hac Vice. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.(pgu)
July 26, 2011 Filing 16 MOTION for Uleses C. Henderson to Appear Pro Hac Vice. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.(pgu)
July 22, 2011 CASHIERS OFFICE REMARK on #13 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/13/2011, Receipt Number 11401. (jd)
July 21, 2011 Filing 15 MOTION to Dismiss counterclaims., MOTION to Strike affirmative defenses. Document filed by Worldwide Home Products, Inc..(Sonnabend, Jeffrey)
July 19, 2011 Filing 14 MEMO ENDORSED denying #13 Motion for Uleses C. Henderson to Appear Pro Hac Vice for defendants. ENDORSEMENT: The application is denied without prejudice to reopening upon submission of state bar certificate(s) of good standing as required by SDNY Local Civil Rules 1.3(c). (Signed by Judge Laura Taylor Swain on 7/18/11) (cd)
July 13, 2011 Filing 13 MOTION for Uleses C. Henderson to Appear Pro Hac Vice. Document filed by Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc.(pgu)
July 5, 2011 Filing 12 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against Worldwide Home Products, Inc.. Document filed by Sherry Hanson, Bed, Bath and Beyond Inc., Time, Inc., Cohesion Products Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hudnell, Lewis)
July 5, 2011 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sherry Hanson.(Hudnell, Lewis)
July 5, 2011 Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying ThreeSixty Sourcing Ltd. as Corporate Parent. Document filed by Cohesion Products Inc..(Hudnell, Lewis)
July 5, 2011 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bed, Bath and Beyond Inc..(Hudnell, Lewis)
July 5, 2011 Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Time Warner Inc. as Corporate Parent. Document filed by Time, Inc..(Hudnell, Lewis)
June 21, 2011 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jeffrey Sonnabend for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Rule 7.1 Corporate Disclosure Statement, #1 Complaint to: case_openings@nysd.uscourts.gov. (rdz)
June 20, 2011 Opinion or Order Filing 7 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Lewis E. Hudnell, III dated 6/17/11 re: Defendants request that your honor extend the time to answer or otherwise respond to the Complaint by two weeks to July 5, 2011. ENDORSEMENT: The request is granted. So ordered. All Defendants answer due 7/5/11. (Signed by Judge Laura Taylor Swain on 6/20/11) (rjm)
June 17, 2011 Filing 6 NOTICE OF CHANGE OF ADDRESS by Lewis Emery Hudnell, III on behalf of All Defendants. New Address: Hudnell Law Group P.C., 244 Fifth Avenue, Suite 240H, New York, New York, USA 10001, 347-855-4772. (Hudnell, Lewis)
June 17, 2011 Filing 5 NOTICE OF APPEARANCE by Lewis Emery Hudnell, III on behalf of Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc. (Hudnell, Lewis)
June 14, 2011 Filing 4 ENDORSED LETTER addressed to Judge Laura Taylor Swain from Jeffrey Sonnabend dated 6/13/2011 re: The parties write to request an adjournment of the initial pre-trial conference, currently scheduled for 8/11/2011, until 8/29/2011. ENDORSEMENT: The conference is adjourned to 9/9/2011 at 10:30 AM. (Initial Conference set for 9/9/2011 at 10:30 AM before Judge Laura Taylor Swain.) (Signed by Judge Laura Taylor Swain on 6/13/2011) (ab)
June 8, 2011 Opinion or Order Filing 3 INITIAL CONFERENCE ORDER: Initial Conference set for 8/11/2011 at 10:15 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 6/7/2011) (jfe)
May 27, 2011 Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Worldwide Home Products, Inc.(ama) (ama).
May 27, 2011 Filing 1 COMPLAINT against Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc. (Filing Fee $ 350.00, Receipt Number 1007823)Document filed by Worldwide Home Products, Inc.(ama) (ama).
May 27, 2011 SUMMONS ISSUED as to Bed, Bath and Beyond Inc., Cohesion Products Inc., Sherry Hanson, Time, Inc. (ama)
May 27, 2011 Magistrate Judge Michael H. Dolinger is so designated. (ama)
May 27, 2011 Case Designated ECF. (ama)
May 27, 2011 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (ama)

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Plaintiff: Worldwide Home Products, Inc.
Represented By: Vitaly David Rivkin
Represented By: Gail Ellen Podolsky
Represented By: Jeffrey Sonnabend
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Defendant: Sherry Hanson
Represented By: Edward F O'Connor
Represented By: Lewis Emery Hudnell, III
Represented By: Uleses Columbus Henderson, Jr.
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Defendant: Bed, Bath and Beyond Inc.
Represented By: Edward F O'Connor
Represented By: Lewis Emery Hudnell, III
Represented By: Uleses Columbus Henderson, Jr.
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Defendant: Time, Inc.
Represented By: Edward F O'Connor
Represented By: Lewis Emery Hudnell, III
Represented By: Uleses Columbus Henderson, Jr.
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Defendant: Cohesion Products Inc.
Represented By: Edward F O'Connor
Represented By: Lewis Emery Hudnell, III
Represented By: Uleses Columbus Henderson, Jr.
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Respondent: Jeffrey Sonnabend
Represented By: Benjamin Michael Oxenburg
Represented By: Izabell Lemkhen
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