Scentsational Technologies, LLC v. Pepsico, Inc. et al
Plaintiff: Scentsational Technologies, LLC
Defendant: Stokely-Van Camp, Inc., Pepsico, Inc., The Quaker Oats Company, Pepsi-Cola Technical Operations, Inc. and Tropicana Products, Inc.
Case Number: 1:2013cv08645
Filed: December 5, 2013
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine B Forrest
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338 pt Patent Infringement
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on October 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 26, 2022 Filing 281 SEALED MATERIALS DISPOSED: Document(s) 163, 167, 182, 206, 221, 228, 232, 244, 252 and 254 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/26/2022..(jus)
October 25, 2022 Filing 280 SEALED MATERIALS DISPOSED: Document(s) 121, 148, 166, 172, 186, 199, 200, 201, 203, 234, and 237 were destroyed per filing party request. The sealed record(s) were destroyed on 10/25/2022. (nmo)
September 22, 2022 Filing 279 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 167, 182, 206, 221, 228, 232, 244, 252 and 254 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/24/2022. .(jus)
September 22, 2022 Filing 278 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 121, 148, 166, 172, 186, 199, 200, 201, 203, 234, and 237 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 10/24/2022. .(jus)
July 25, 2019 Filing 277 MANDATE of USCA (Certified Copy) as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 18-2091. In accordance with the judgment ( #275 USCA Order ) of this Court, entered May 16, 2019, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued.. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Issued As Mandate: 07/25/2019. (nd)
July 18, 2019 Filing 276 TRUE COPY ORDER of USCA as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 18-2091. Appellant ScentSational Technologies LLC filed a combined petition for panel rehearing and rehearing en banc. The petition was referred to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service. Upon consideration thereof, IT IS ORDERED THAT: The petition for panel rehearing is denied. The petition for rehearing en banc is denied. The mandate of the court will issue on July 25, 2019.. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 07/18/2019. (nd)
May 16, 2019 Filing 275 TRUE COPY ORDER of USCA as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 18-2091. USCA Case Number 18-2091. THIS CAUSE having been considered, it is ORDERED AND ADJUDGED: AFFIRMED. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 05/16/2019. (nd)
May 16, 2019 Filing 274 OPINION of USCA as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 2018-2091. USCA Case Number 2018-2091. In light of the insufficiency of ST's showing in response to PepsiCo's summary judgment motion, the district court did not err in granting the motion with regard to the inven-torship issue. AFFIRMED. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 05/16/2019. (nd)
December 19, 2018 Filing 273 NOTICE of Compliance with Federal Circuit Rules 11(d) and 30(h)(1)(B). Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
October 30, 2018 Opinion or Order Filing 272 ORDER of USCA (Certified Copy) as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 2018-2091. ScentSational Technologies LLC filed a renewed unopposed motion to waive the requirements of Federal Circuit Rule 28(d) and mark a total of 18 words as confidential. The court's September 27, 2018 order already noted that the information redacted on pages 12, 15, 28, 30, 39, 43, 44, and 63 is the type of business proprietary information that is frequently redacted, is largely incidental to the substantive issues of the case, and could potentially cause harm if disclosed to competitors. The court therefore grants the motion. Upon consideration thereof, IT IS ORDERED THAT: The motion is granted. The confidential and nonconfidential versions of ScentSational's corrected opening brief are accepted for filing. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 10/30/2018. (nd)
September 27, 2018 Opinion or Order Filing 271 ORDER of USCA (Certified Copy) as to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. USCA Case Number 2018-2091. IT IS ORDERED THAT: The motion is denied without prejudice to ScentSational filing a corrected brief or a new motion with a corrected brief to the extent provided herein within 10 days of the date of filing of this order. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 09/27/2018. (nd)
August 1, 2018 Filing 270 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/28/18 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)
August 1, 2018 Filing 269 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/28/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (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 8/22/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/30/2018.(McGuirk, Kelly)
June 19, 2018 Filing 267 NOTICE OF DOCKETING & USCA Case Number 18-2091 from the USCA, Federal Circ. assigned to #266 Notice of Appeal to the Federal Circuit,, filed by Scentsational Technologies, LLC. (nd)
June 18, 2018 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #266 Notice of Appeal to the Federal Circuit,,. (nd)
June 15, 2018 Filing 266 NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #222 Order on Motion in Limine,, #264 Memorandum & Opinion, #265 Clerk's Judgment,, #243 Order, Terminate Deadlines and Hearings,, #260 Order on Motion for Summary Judgment,, #263 Memorandum & Opinion, #259 Order, #235 Order on Motion for Reconsideration,,,,, #174 Order, 229 Order on Motion in Limine, #210 Order, #223 Order on Motion in Limine,,,, 191 Memorandum & Opinion,,,,,,, #258 Memorandum & Opinion,. Form 7 and Form 22 are due within 14 days. Document filed by Scentsational Technologies, LLC. Filing fee $ 505.00, receipt number 0208-15207890. (Attachments: #1 Rider to Notice of Appeal)(Garner, Melvin)
June 1, 2018 Filing 268 AO 120 FORM TRADEMARK - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 05/31/2018 in a court action filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (dt) Modified on 8/13/2018 (dt).
May 31, 2018 Filing 265 CLERK'S JUDGMENT: re: #264 Memorandum & Opinion. in favor of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc. against Scentsational Technologies, LLC.It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated May 23, 2018, defendants' motion for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 05/31/2018) (Attachments: #1 Notice of Right to Appeal)(dt) (Main Document 265 replaced on 8/13/2018) (dt). (Main Document 265 replaced on 8/13/2018) (dt).
May 31, 2018 Terminate Transcript Deadlines (dt)
May 31, 2018 Transmission to Judgments and Orders Clerk. Transmitted re: #264 Memorandum & Opinion,, to the Judgments and Orders Clerk. (js)
May 30, 2018 Filing 262 LETTER addressed to Judge Katherine B. Forrest from Lauren Sabol dated May 30, 2018 re: Redaction of the Court's Summary Judgment Opinion per Dkt. 260. Document filed by Scentsational Technologies, LLC.(Sabol, Lauren)
May 29, 2018 Filing 261 LETTER addressed to Judge Katherine B. Forrest from Richard B. Harper dated May 29, 2018 re: The Courts Summary Judgment Opinion. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
May 23, 2018 Opinion or Order Filing 264 OPINION AND ORDER: Accordingly, defendants' motion for summary judgment is GRANTED. The Clerk of Court is directed to close the open motion at ECF No. 184 and to terminate case 13-cv-8645. So Ordered (Signed by Judge Katherine B. Forrest on 5/23/2018) (js)
May 23, 2018 Opinion or Order Filing 263 OPINION AND ORDER: Accordingly, defendants' motion for summary judgment is GRANTED. The Clerk of Court is directed to close the open motion at ECF No. 184 and to terminate case 13-cv-8645. So Ordered (Signed by Judge Katherine B. Forrest on 5/23/2018) (js)
May 23, 2018 Opinion or Order Filing 260 ORDER granting #184 Motion for Summary Judgment: The Court issued an opinion granting summary judgment in favor of defendants today, May 23, 2018. All dates for the purposes of an appeal will accordingly run from today. However, the Court has not publicly filed the opinion. It has emailed the opinion to the parties to allow them to propose redactions. Any redaction request shall be submitted not later than May 30, 2018. Any parties wishing to propose redactions must specify their proposals and provide reasoning for each one. The Court will review and rule on each proposal before posting a redacted opinion to the public docket. (Signed by Judge Katherine B. Forrest on 5/23/2018) (tn)
April 18, 2018 Opinion or Order Filing 259 CORRECTED MEMORANDUM DECISION AND ORDER: For the reasons set forth above, Pepsi's motion to exclude the opinions and testimony of Dr. Keith Cadwallader is GRANTED. The Clerk of the Court is directed to terminate the open motion at ECF No. 153. (Signed by Judge Katherine B. Forrest on 4/18/2018) (js)
April 18, 2018 Opinion or Order Filing 258 CORRECTED OPINION AND ORDER: The Clerk of the Court is directed to terminate the open motions at ECF Nos. 149, 150, 151, and 152. The parties are directed to inform the Court within two days whether they intend to supplement or amend any filings with regard to the pending motion for summary judgment (ECF No. 184) and, if so, submit a prompt schedule for doing so. So Ordered. (Signed by Judge Katherine B. Forrest on 4/18/2018) (js)
April 18, 2018 Opinion or Order Filing 257 ORDER terminating #246 Motion to Seal Document #256 Letter. Rather than filing under seal, the Court will reword the two short sections of its opinions at issue; it will then file revised opinions on the docket. The Clerk of Court is directed to remove ECF Nos. 191 and 229 from the docket. The Clerk of Court is further directed to close the open motion at ECF No. 246. (Signed by Judge Katherine B. Forrest on 4/18/2018) (js)
April 13, 2018 Filing 256 LETTER addressed to Judge Katherine B. Forrest from Melvin Garner dated April 13, 2018 re: Plaintiffs Response to this Courts Order, dated April 10, 2018 (Dkt. 255). Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
April 10, 2018 Opinion or Order Filing 255 ORDER: The Court is in receipt of plaintiff's motion (ECF No. 246) and third-party Coca-Cola's ("Coke") request (ECF No. 253) to seal this Court's Daubert opinions (ECF Nos. 191 and 229) and its forthcoming summary judgment decision, and to replace the publicly-filed versions with redacted versions. Plaintiff and Coke argue that the decisions include sensitive information about spending as well as trade secret information. The parties collectively propose redacting terms such as the names of projects and terms that describe, very generally, the goal of various projects at the companies. This lawsuit, filed by ScentSational, alleges, inter alia, that defendants publicly disclosed plaintiff's trade secrets in their patent applications. If this is in fact the case, then there should be no need to redact the opinions to remove trade secret information, as the trade secrets have already been publicly disclosed in patents. And of course, if this is not the case and the trade secrets have not already been publicly disclosed, then plaintiff cannot support a claim against defendants. The Court has reviewed the Pepsi patents at issue, and believes that the terms plaintiffs would like to redact are in fact disclosed in Pepsi's patents. Accordingly plaintiff is directed to file a letter on the docket of no more than five pages not later than April 13, 2018 explaining its rationale for arguing that the Court's opinions should be redacted. Any other party wishing to weigh in must do so by that same deadline; plaintiff is directed to inform Coke of this Order within twenty-four hours of its issuance. (Signed by Judge Katherine B. Forrest on 4/10/2018) (ap)
April 3, 2018 Filing 254 SEALED DOCUMENT placed in vault.(mps)
March 30, 2018 Filing 253 LETTER addressed to Judge Katherine B. Forrest from Lauren Sabol dated March 30, 2018 re: Letter from the Coca-Cola Company Regarding this Court's Order, dated March 20, 2018 (Dkt. 247). Document filed by Scentsational Technologies, LLC. (Attachments: #1 Letter from The Coca-Cola Company (Filed Under Seal))(Sabol, Lauren)
March 26, 2018 Filing 252 SEALED DOCUMENT placed in vault.(mps)
March 26, 2018 Opinion or Order Filing 251 MEMO ENDORSEMENT on re: #250 Letter, filed by Scentsational Technologies, LLC. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 3/26/2018) (anc)
March 23, 2018 Filing 250 LETTER addressed to Judge Katherine B. Forrest from Lauren Sabol dated March 23, 2018 re: Letter from The Coca-Cola Company Regarding this Court's Order, dated March 20, 2018 (Dkt. 247). Document filed by Scentsational Technologies, LLC. (Attachments: #1 Letter from The Coca-Cola Company)(Sabol, Lauren)
March 23, 2018 Filing 249 LETTER addressed to Judge Katherine B. Forrest from Melvin Garner dated March 23, 2018 re: Plaintiff's Response to this Court's Order, dated March 20, 2018 (Dkt. 247). Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A (Dkt. 191), #2 Exhibit B (Dkt. 229))(Garner, Melvin)
March 20, 2018 Filing 248 LETTER addressed to Judge Katherine B. Forrest from Richard B. Harper dated March 20, 2018 re: Defendants' Response to this Courts Order, dated March 20, 2018 (ECF No. 247). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
March 20, 2018 Opinion or Order Filing 247 ORDER: Therefore, not later than March 23, 2018 the parties shall submit a complete explanation as to which redactions are truly necessary and why. For guidance, the Court notes it will only redact words and/or phrases that must be redacted as a matter of law or equity. This likely does not include, for example, the names of deponents, projects, or trade secrets. The only information which is confidential and may thus be redacted is that which itself is truly highly confidential, such as the substance of trade secrets. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/20/2018) (mml)
March 16, 2018 Filing 246 LETTER MOTION to Seal Document 229 Order on Motion in Limine, 191 Memorandum & Opinion,,,,,,, (To Replace Public Filings with Redacted Versions) addressed to Judge Katherine B. Forrest from Melvin C. Garner dated March 16, 2018. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit Dkt. 191 With Redactions, #2 Exhibit Dkt. 229 with Redactions)(Garner, Melvin)
March 15, 2018 Filing 245 REPLY MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
March 9, 2018 Filing 244 SEALED DOCUMENT placed in vault.(rz)
March 9, 2018 Opinion or Order Filing 243 ORDER: To aid the parties in their planning, the Court informs them that it plans to grant defendants' motion for summary judgment. As such, this case is removed from trial calendar, and all deadlines and conferences are ADJOURNED. An opinion and judgment shall be forthcoming as soon as reasonably practicable. (Signed by Judge Katherine B. Forrest on 3/9/2018) (ap)
March 9, 2018 Opinion or Order Filing 242 ORDER: granting #185 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Katherine B. Forrest on 3/9/2018) (ap)
March 9, 2018 Opinion or Order Filing 241 ORDER: granting #236 Letter Motion for Extension of Time. So ordered. (Signed by Judge Katherine B. Forrest on 3/9/2018) (ap)
March 9, 2018 Filing 240 DECLARATION of Melvin C. Garner in Opposition re: #184 MOTION for Summary Judgment .. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 142-145 (Filed Under Seal), #2 Exhibit 146 (Article), #3 Exhibit 147 (Article), #4 Exhibit 148 (Article), #5 Exhibit 149 (Articles), #6 Exhibit 150-152 (Filed Under Seal), #7 Exhibit 153 (Indiegogo), #8 Exhibit 154-159 (Filed Under Seal), #9 Exhibit 160 (Press Release), #10 Exhibit 161-241 (Filed Under Seal), #11 Exhibit 242 (Patent), #12 Exhibit 243 (Filed Under Seal), #13 Exhibit 244 (NineSights), #14 Exhibit 245-279 (Filed Under Seal), #15 Exhibit 280 (Hotchkiss Interview), #16 Exhibit 281-300 (Filed Under Seal), #17 Exhibit 301 (Patent Application), #18 Exhibit 302-318 (Filed Under Seal), #19 Exhibit 319 (Website), #20 Exhibit 320-333 (Filed Under Seal), #21 Exhibit 334 (Patent App. Pub.), #22 Exhibit 335-374 (Filed Under Seal), #23 Exhibit 375 (Article), #24 Exhibit 376 (Press Release), #25 Exhibit 377 (Article), #26 Exhibit 378 (Patent App. Pub.), #27 Exhibit 379 (Article), #28 Exhibit 380 (Patent), #29 Exhibit 381 (Article), #30 Exhibit 382 (Article), #31 Exhibit 383 (International Pub.), #32 Exhibit 384 (Patent), #33 Exhibit 385 (Paper), #34 Exhibit 386 (Article), #35 Exhibit 387 (Patent App. Pub.), #36 Exhibit 388 (Patent App. Pub.), #37 Exhibit 389 (International Pub.), #38 Exhibit 390 (Patent App. Pub.), #39 Exhibit 391 (Article), #40 Exhibit 392 (Paper), #41 Exhibit 393 (Patent), #42 Exhibit 394 (Article), #43 Exhibit 395 (Article), #44 Exhibit 396 (Patent), #45 Exhibit 397-439 (Filed Under Seal), #46 Exhibit 440 (Email), #47 Exhibit 441 (Filed Under Seal), #48 Exhibit 442 (Email), #49 Exhibit 443 (Email), #50 Exhibit 444 (Filed Under Seal), #51 Exhibit 445 (Email), #52 Exhibit 446 (Filed Under Seal), #53 Exhibit 447 (Article), #54 Exhibit 448-455 (Filed Under Seal))(Garner, Melvin)
March 9, 2018 Filing 239 COUNTER STATEMENT TO #189 Rule 56.1 Statement. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
March 9, 2018 Filing 238 MEMORANDUM OF LAW in Opposition re: #184 MOTION for Summary Judgment . REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
March 9, 2018 Filing 237 SEALED DOCUMENT placed in vault.(rz)
March 8, 2018 Filing 236 LETTER MOTION for Extension of Time to File Redacted Brief addressed to Judge Katherine B. Forrest from Richard B. Harper dated March 8, 2018. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
March 8, 2018 Opinion or Order Filing 235 MEMO ENDORSEMENT: on re: denying #224 SCENTSATIONAL TECHNOLOGIES, LLC'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION FOR RECONSIDERATION OF THE COURT'S DAUBERT ORDER RELATING TO DR. SAND AND MR. HOEBERLEIN; terminating #226 Motion. ENDORSEMENT: Ordered. Having considered this motion for reconsideration and the opposition thereto, it is hereby DENIED. The Court has an obligation to act as a gatekeeper with regard to expert testimony--and it has done so here. An expert's qualifications are always a question for the Court--hence the requirement that a Court "qualify" an expert as part of trial testimony. Here, the issue was implicit is the overall deficiencies of the Sand report--She lacked a coherent methodology and stepped well outside her boundaries with the vast bulk of her report. In part, this demonstrated and elucidated the lack of qualification. But ultimately, the lack of a coherent, testable methodology is enough to exclude on its own. As for Hoeberlein, the motion is reargument in which the Court declines to consider. (The Court also declines to accept another belated Sands report). (Signed by Judge Katherine B. Forrest on 3/8/2018) (ap) Modified on 3/8/2018 (ap). Modified on 3/9/2018 (ap). Modified on 5/7/2018 (ap).
March 8, 2018 Filing 234 SEALED DOCUMENT placed in vault.(rz)
March 6, 2018 Filing 233 MEMORANDUM OF LAW in Opposition re: #226 MOTION for Leave to File Declaration of Dr. Claire Sand REDACTED., #224 MOTION for Reconsideration re; 191 Memorandum & Opinion,,,,,,, Daubert Opinion Relating to Dr. Sand and Mr. Hoeberlein. (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
March 5, 2018 Filing 232 SEALED DOCUMENT placed in vault.(mps)
March 5, 2018 Opinion or Order Filing 231 ORDER: granting #230 Letter Motion for Extension of Time. So ordered. (Signed by Judge Katherine B. Forrest on 3/5/2018) (ap)
March 2, 2018 Filing 230 LETTER MOTION for Extension of Time to File Redacted Brief addressed to Judge Katherine B. Forrest from Melvin C. Garner dated March 2, 2018. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
March 1, 2018 ***REMOVED DOCUMENT. Deleted document number 229 from the case record. The document was REMOVED from this case pursuant to #257 Order on Motion to Seal Document, 229 Order on Motion in Limine. As per Chambers instruction. (js)
March 1, 2018 Opinion or Order Filing 229 MEMORANDUM DECISION & ORDER granting #153 Motion in Limine. For the reasons set forth above, Pepsi's motion to exclude the opinions and testimony of Dr. Keith Cadwallader is GRANTED. The Clerk of the Court is directed to terminate the open motion at ECF No. 153. SO ORDERED. (Signed by Judge Katherine B. Forrest on 3/1/2018) (anc)
March 1, 2018 Filing 228 SEALED DOCUMENT placed in vault.(mps)
February 28, 2018 Minute Entry for proceedings held before Judge Katherine B. Forrest: Conference held on 2/28/2018. (jp)
February 28, 2018 Opinion or Order Filing 227 ORDER: The Court is in receipt of plaintiff's motion for reconsideration. (ECF No. 224.) Defendants are ordered to file their opposition not later than March 7, 2018. No reply shall be allowed unless requested by the Court. SO ORDERED., ( Responses due by 3/7/2018) (Signed by Judge Katherine B. Forrest on 2/28/2018) (ama)
February 28, 2018 Filing 226 MOTION for Leave to File Declaration of Dr. Claire Sand REDACTED. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Affidavit Declaration of Dr. Claire Sand)(Garner, Melvin)
February 28, 2018 Filing 225 MEMORANDUM OF LAW in Support re: #224 MOTION for Reconsideration re; 191 Memorandum & Opinion,,,,,,, Daubert Opinion Relating to Dr. Sand and Mr. Hoeberlein. REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
February 28, 2018 Filing 224 MOTION for Reconsideration re; 191 Memorandum & Opinion,,,,,,, Daubert Opinion Relating to Dr. Sand and Mr. Hoeberlein. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
February 27, 2018 Opinion or Order Filing 223 MEMO ENDORSEMENT: denying #177 Motion in Limine. ENDORSEMENT: Ordered: The motion to preclude Dr. Hotchkiss is DENIED. The Court has considered plaintiff's motion to preclude opinions and testimony of Dr. Hotchkiss. Dr. Hotchkiss is plainly highly qualified in the area directly relevant to his opinions. He has demonstrated experience in the areas that are the subjects of his opinions. The essence of plaintiff's claims are that they anticipate robust case-examination of Dr. Hotchkiss--the Court would expect that his opinions are well grounded in stated bases--whether those are credited by the fact finder is for a later date. The Court does caution defendants that Dr. Hotchkiss cannot be a narrator of facts--but if presents certain facts as specifically supportive of his opinions, that is an appropriate use/reference. The Court is particularly persuaded of the value of Dr. Hotchkiss's views as to what was and was not known publicly regarding technology at issue. The Clerk of Court is directed to close the open motion at ECF No. 177. (Signed by Judge Katherine B. Forrest on 2/27/2018) (ap)
February 27, 2018 Opinion or Order Filing 222 ORDER: denying #179 Motion in Limine. Ordered. The Court has carefully reviewed this motion and the report of Mr. Imburgia. His opinions are well-grounded in an area of expertise he clearly has. The points raised herein largely go to weight and cross-examination. His report is well constructed, well supported, and professionally executed. Accordingly, the motion to exclude opinions of Imburgia is DENIED. The Clerk of Court is directed to close the open motion at ECF. No. 179. (Signed by Judge Katherine B. Forrest on 2/27/2018) (ap) Modified on 2/28/2018 (ap).
February 22, 2018 Filing 221 SEALED DOCUMENT placed in vault.(rz)
February 22, 2018 Filing 220 REPLY MEMORANDUM OF LAW in Support re: #179 MOTION in Limine to Exclude Opinions and Testimony of Mr. Basil Imburgia. REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
February 22, 2018 Filing 219 DECLARATION of Melvin C. Garner in Support re: #177 MOTION in Limine to Exclude Opinions and Testimony of Dr. Joseph Hotchkiss.. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 55 (Filed Under Seal), #2 Exhibit 56 (Article), #3 Exhibit 57 (Article), #4 Exhibit 58 (Article), #5 Exhibit 59 (Article), #6 Exhibit 60 (Printout), #7 Exhibit 61 (Press Release), #8 Exhibit 62 (Printout), #9 Exhibit 63 (Printout), #10 Exhibit 64 (Printout), #11 Exhibit 65 (Article), #12 Exhibit 66 (U.S. Patent Application), #13 Exhibit 67 (U.S. Patent 4,968,546), #14 Exhibit 68 (U.S. Patent 6,066,347), #15 Exhibit 69 (U.S. Patent 6,102,224), #16 Exhibit 70 (U.S. Patent 7,005,152), #17 Exhibit 71 (Article), #18 Exhibit 72 (Article), #19 Exhibit 73 (Article), #20 Exhibit 74 (U.S. Patent 6,045,833), #21 Exhibit 75 (U.S. Patent 6,511,726), #22 Exhibit 76 (U.S. Patent Application), #23 Exhibit 77 (U.S. Patent Application), #24 Exhibit 78 (U.S. Patent Application), #25 Exhibit 79 (International Patent), #26 Exhibit 80 (International Patent))(Garner, Melvin)
February 22, 2018 Filing 218 REPLY MEMORANDUM OF LAW in Support re: #177 MOTION in Limine to Exclude Opinions and Testimony of Dr. Joseph Hotchkiss. REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
February 22, 2018 Filing 217 DECLARATION of Richard B. Harper in Opposition re: #198 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 15, 2018.. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibits 1-7 (Filed Under Seal))(Harper, Richard)
February 22, 2018 Filing 216 MEMORANDUM OF LAW in Opposition re: #198 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 15, 2018. (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 22, 2018 Filing 215 DECLARATION of Richard B. Harper in Opposition re: #198 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 15, 2018.. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibits 1-13 (Filed Under Seal))(Harper, Richard)
February 22, 2018 Filing 214 MEMORANDUM OF LAW in Opposition re: #198 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 15, 2018. (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 22, 2018 Filing 213 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 22, 2018 Filing 212 DECLARATION of Richard B. Harper in Support re: #197 MOTION in Limine 1-17.. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibits 1-12 (Filed Under Seal), #2 Exhibit 13 (Redacted), #3 Exhibit 14 (Filed Under Seal), #4 Exhibit 15, #5 Exhibit 16, #6 Exhibits 17-20 (Filed Under Seal))(Harper, Richard)
February 22, 2018 Filing 211 MEMORANDUM OF LAW in Support re: #197 MOTION in Limine 1-17. (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 21, 2018 Opinion or Order Filing 210 ORDER. To aid the parties in their planning, the Court informs them that it plans to preclude the declarations of Dr. Keith R. Cadwallader in their entirety. A decision shall be forthcoming as soon as is practicable. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/21/2018) (rjm)
February 21, 2018 Opinion or Order Filing 209 ORDER granting #205 LETTER MOTION for Extension of Time to File Response/Reply as to #188 Memorandum of Law in Support of Motion, 203 Sealed Document, #190 Declaration in Support of Motion, #184 MOTION for Summary Judgment. #189 Rule 56.1 Statement addressed to Judge Katherine B. Forrest from Melvin Garner dated February 20, 2018. LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Melvin Garner dated February 20, 2018. Document filed by Scentsational Technologies, LLC. Ordered. Having considered ECF Nos. 141, 205 and 207, the Court (1) grants the page limit extension (to 30 pages) requested herein, (2) allows plaintiff to 3/2/18 to file its opposition, and (3) defendants to 3/9 to reply. (Responses due by 3/2/2018. Replies due by 3/9/2018.) (Signed by Judge Katherine B. Forrest on 2/20/2018) (rjm) Modified on 4/17/2018 (rjm).
February 21, 2018 Opinion or Order Filing 208 MEMO ENDORSEMENT on THE PARTIES' AGREED MOTIONS IN LIMINE. ENDORSEMENT: So ordered. Granting #193 Motion in Limine. (Signed by Judge Katherine B. Forrest on 2/20/2018). (rjm)
February 20, 2018 Filing 207 LETTER addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 20, 2018 re: Letter in Response to Plaintiffs Letter to the Court, dated February 20, 2018 (ECF No. 205). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 20, 2018 Filing 205 LETTER MOTION for Extension of Time to File Response/Reply as to #188 Memorandum of Law in Support of Motion, 203 Sealed Document, #190 Declaration in Support of Motion, #184 MOTION for Summary Judgment ., #189 Rule 56.1 Statement addressed to Judge Katherine B. Forrest from Melvin Garner dated February 20, 2018., LETTER MOTION for Leave to File Excess Pages addressed to Judge Katherine B. Forrest from Melvin Garner dated February 20, 2018. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
February 20, 2018 Opinion or Order Filing 204 ORDER granting #198 Letter Motion for Extension of Time; granting #202 Letter Motion for Extension of Time. So ordered. The Clerk of Court shall close the motions are ECF Nos. 198/202. (Signed by Judge Katherine B. Forrest on 2/20/2018) (mro)
February 16, 2018 Filing 203 SEALED DOCUMENT placed in vault.(rz)
February 16, 2018 Filing 202 LETTER MOTION for Extension of Time to File Redacted Brief addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 16, 2018. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 15, 2018 Filing 206 SEALED DOCUMENT placed in vault.(rz)
February 15, 2018 Filing 201 SEALED DOCUMENT placed in vault.(rz)
February 15, 2018 Filing 200 SEALED DOCUMENT placed in vault.(rz)
February 15, 2018 Filing 199 SEALED DOCUMENT placed in vault.(rz)
February 15, 2018 Filing 198 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 15, 2018. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 15, 2018 Filing 197 MOTION in Limine 1-17. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 15, 2018 Filing 196 DECLARATION of Melvin C. Garner in Support re: #194 MOTION in Limine (Nos. 1-12).. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 1 (Email), #2 Exhibit 2 (Filed under seal), #3 Exhibit 3 (Email), #4 Exhibit 4 (Filed under seal), #5 Exhibit 5 (Email), #6 Exhibit 6 (Filed under seal), #7 Exhibit 7 (Email), #8 Exhibit 8-9 (Filed under seal), #9 Exhibit 10 (Deposition Exhibit 58), #10 Exhibit 11-29 (Filed under seal), #11 Exhibit 30 (Defs' Objections to 30(b)(6) Depo Notice), #12 Exhibit 31 (Filed under seal))(Garner, Melvin)
February 15, 2018 Filing 195 MEMORANDUM OF LAW in Support re: #194 MOTION in Limine (Nos. 1-12). REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
February 15, 2018 Filing 194 MOTION in Limine (Nos. 1-12). Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
February 15, 2018 Filing 193 JOINT MOTION in Limine . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 14, 2018 ***REMOVED DOCUMENT. (pdf only) Deleted document number 191 from the case record. The document was removed from this case pursuant to #257 Order on Motion to Seal Document. As per Chambers instruction (js)
February 14, 2018 Opinion or Order Filing 192 ORDER: The telephonic status conference currently scheduled for Friday, February 23, 2018 will now be held on Wednesday, February 28, 2018 at 10:00 a.m. The parties shall call Chambers (212-805-0276) from one line at that time. (Telephone Conference set for 2/28/2018 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/14/2018) (ap) Modified on 4/9/2018 (ap).
February 14, 2018 Opinion or Order Filing 191 OPINION & ORDER re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED) filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED) filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., #150 MOTION in Limine No. 2: To Exclude Opinions and Testimony of Wayne A. Hoeberlein filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., #149 MOTION in Limine No. 1: To Exclude Opinions and Testimony of Dr. Claire Sand filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc. For the reasons set forth above, Pepsi's motion to exclude the opinions and testimony of Dr. Claire Sand is GRANTED in part and DENIED in part. Any portion of Dr. Sand's opinions relating to Categories 2, 3, 4, 5, 6 or 7 are excluded. Its motion to exclude the opinions and testimony of Wayne Hoeberlein is GRANTED in full. The parties are DIRECTED to meet and confer as to exactly which paragraphs of Sand may remain; other opinions may be provided with the parameters of the Court's ruling herein. The Clerk of the Court is directed to terminate the open motions at ECF Nos. 149, 150, 151, and 152. The parties are directed to inform the Court within two days whether they intend to supplement or amend any filings with regard to the pending motion for summary judgment (ECF No. 184) and, if so, submit a prompt schedule for doing so. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/14/2018) (mml)
February 14, 2018 Filing 190 DECLARATION of Richard B. Harper in Support re: #184 MOTION for Summary Judgment .. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibits 1-16, #2 Exhibit 17, #3 Exhibit 18, #4 Exhibit 19, #5 Exhibit 20, #6 Exhibits 21-34, #7 Exhibit 35, #8 Exhibits 36 & 37)(Harper, Richard)
February 14, 2018 Filing 189 RULE 56.1 STATEMENT. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 14, 2018 Filing 188 MEMORANDUM OF LAW in Support re: #184 MOTION for Summary Judgment . (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
February 12, 2018 Opinion or Order Filing 187 ORDER FOR ADMISSION PRO HAC VICE granting #183 Motion for Kristin C. Cope to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 2/12/2018) (anc)
February 7, 2018 Filing 186 SEALED DOCUMENT placed in vault.(rz)
February 7, 2018 Filing 185 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated February 7, 2018. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
February 7, 2018 Filing 184 MOTION for Summary Judgment . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Text of Proposed Order)(Harper, Richard)
February 7, 2018 Filing 183 MOTION for Kristin C. Cope to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14673968. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Text of Proposed Order)(Cope, Kristin)
February 7, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #183 MOTION for Kristin C. Cope to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14673968. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
February 2, 2018 Filing 182 SEALED DOCUMENT placed in vault.(mps)
February 1, 2018 Filing 181 DECLARATION of Lauren Sabol in Support re: #177 MOTION in Limine to Exclude Opinions and Testimony of Dr. Joseph Hotchkiss., #179 MOTION in Limine to Exclude Opinions and Testimony of Mr. Basil Imburgia.. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 1-5 (Filed Under Seal), #2 Exhibit 6 (NineSigma Printout), #3 Exhibit 7-33 (Filed Under Seal), #4 Exhibit 34 (AICPA Practice Aid), #5 Exhibit 35-39 (Filed Under Seal), #6 Exhibit 40 (Textbook Printout), #7 Exhibit 41 (Givaudan Printout), #8 Exhibit 42-46 (Filed Under Seal), #9 Exhibit 47 (Emails), #10 Exhibit 48-49 (Filed Under Seal), #11 Exhibit 50 (Pittsburgh Product Launch), #12 Exhibit 51-54 (Filed Under Seal))(Sabol, Lauren)
February 1, 2018 Filing 180 MEMORANDUM OF LAW in Support re: #179 MOTION in Limine to Exclude Opinions and Testimony of Mr. Basil Imburgia. (Redacted). Document filed by Scentsational Technologies, LLC. (Sabol, Lauren)
February 1, 2018 Filing 179 MOTION in Limine to Exclude Opinions and Testimony of Mr. Basil Imburgia. Document filed by Scentsational Technologies, LLC.(Sabol, Lauren)
February 1, 2018 Filing 178 MEMORANDUM OF LAW in Support re: #177 MOTION in Limine to Exclude Opinions and Testimony of Dr. Joseph Hotchkiss. (Redacted). Document filed by Scentsational Technologies, LLC. (Sabol, Lauren)
February 1, 2018 Filing 177 MOTION in Limine to Exclude Opinions and Testimony of Dr. Joseph Hotchkiss. Document filed by Scentsational Technologies, LLC.(Sabol, Lauren)
January 25, 2018 Filing 176 REPLY MEMORANDUM OF LAW in Support re: #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader. (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
January 25, 2018 Filing 175 REPLY MEMORANDUM OF LAW in Support re: #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED). (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
January 25, 2018 Opinion or Order Filing 174 ORDER re: #173 Letter filed by Scentsational Technologies, LLC. Accordingly, to the extent ECF No. 173 seeks an order precluding an additional summary judgment motions, that application is DENIED (Signed by Judge Katherine B. Forrest on 1/25/2018) (js)
January 24, 2018 Filing 173 LETTER addressed to Judge Katherine B. Forrest from Melvin Garner dated January 24, 2018 re: Clarification on Renewed Summary Judgment Motions. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
January 18, 2018 Filing 172 SEALED DOCUMENT placed in vault.(mps)
January 12, 2018 Filing 171 REPLY MEMORANDUM OF LAW in Support re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED). REDACTED. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
January 12, 2018 Filing 170 DECLARATION of Melvin C. Garner in Opposition re: #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED)., #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader.. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit Exhibits 57-63 Redacted (Filed Under Seal))(Garner, Melvin)
January 12, 2018 Filing 169 MEMORANDUM OF LAW in Opposition re: #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader. REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
January 12, 2018 Filing 168 MEMORANDUM OF LAW in Opposition re: #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED). REDACTED. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
January 8, 2018 Filing 167 SEALED DOCUMENT placed in vault.(mps)
January 5, 2018 Filing 166 SEALED DOCUMENT placed in vault.(rz)
December 29, 2017 Filing 165 DECLARATION of Cameron S. Reuber in Opposition re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED).. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 48 (Indiegogo Website), #2 Exhibit 49 (MEMO in Opposition to SJ Redacted), #3 Exhibit 50 (Filed Under Seal), #4 Exhibit 51 (Filed Under Seal), #5 Exhibit 52 (Filed Under Seal), #6 Exhibit 53 (Filed Under Seal), #7 Exhibit 54 (Filed Under Seal), #8 Exhibit 55 (Filed Under Seal), #9 Exhibit 56 (MEMO in Opposition to Motion to Strike Redacted))(Reuber, Cameron)
December 29, 2017 Filing 164 MEMORANDUM OF LAW in Opposition re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED). REDACTED. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
December 26, 2017 Filing 163 SEALED DOCUMENT placed in vault.(mps)
December 18, 2017 Opinion or Order Filing 162 ORDER: The briefing schedule on the other Daubert motions (ECF Nos. 152, 153) is extended by two weeks (i.e., opposition memos shall be filed not later than January 5, 2018 and replies shall be filed not later than January 19, 2018). (As further set forth in this Order.) (Responses due by 1/5/2018, Replies due by 1/19/2018.) (Signed by Judge Katherine B. Forrest on 12/18/2017) (cf)
December 15, 2017 Filing 161 DECLARATION of Richard B. Harper in Support re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED)., #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED)., #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader.. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibits 1-40, #2 Exhibit 41, #3 Exhibit 42, #4 Exhibit 43, #5 Exhibit 44, #6 Exhibit 45, #7 Exhibit 46, #8 Exhibit 47)(Harper, Richard)
December 15, 2017 Filing 160 MEMORANDUM OF LAW in Support re: #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader. REDACTED. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
December 15, 2017 Filing 159 MEMORANDUM OF LAW in Support re: #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED). REDACTED. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
December 15, 2017 Filing 158 MEMORANDUM OF LAW in Support re: #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED). REDACTED. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
December 15, 2017 Filing 157 LETTER RESPONSE in Opposition to Motion addressed to Judge Katherine B. Forrest from Richard B. Harper dated December 12, 2017 re: #156 LETTER MOTION for Extension of Time to File Response/Reply as to #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED)., #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibit 1)(Harper, Richard)
December 15, 2017 Filing 156 LETTER MOTION for Extension of Time to File Response/Reply as to #151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED)., #152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED)., #153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader. addressed to Judge Katherine B. Forrest from Melvin C. Garner dated December 15, 2017. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A)(Garner, Melvin)
December 11, 2017 Opinion or Order Filing 155 ORDER granting #154 Letter Motion for Extension of Time to File Redacted Briefs. So Ordered. (Normally I require same day public filings of redacted briefs, but I will allow this). (Signed by Judge Katherine B. Forrest on 12/11/2017) (js)
December 8, 2017 Filing 154 LETTER MOTION for Extension of Time to File Redacted Briefs addressed to Judge Katherine B. Forrest from Richard B. Harper dated December 8, 2017. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 153 MOTION in Limine No. 3: to Exclude Opinion and Testimony of Dr. Keith R. Cadwallader. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 152 MOTION in Limine No. 2: to Exclude Opinions and Testimony of Wayne A. Hoeberlein (CORRECTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 151 MOTION in Limine No. 1: to Exclude Opinions and Testimony of Dr. Clair Sand (CORRECTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 150 MOTION in Limine No. 2: To Exclude Opinions and Testimony of Wayne A. Hoeberlein. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 149 MOTION in Limine No. 1: To Exclude Opinions and Testimony of Dr. Claire Sand. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 8, 2017 Filing 148 SEALED DOCUMENT placed in vault.(rz)
November 27, 2017 Opinion or Order Filing 147 MEMO ENDORSED on re: #146 Letter, filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc.ENDORSEMENT: So Ordered. ( Motions due by 2/7/2018., Responses due by 2/21/2018, Replies due by 2/28/2018.) (Signed by Judge Katherine B. Forrest on 11/27/2017) (js)
November 22, 2017 Filing 146 JOINT LETTER addressed to Judge Katherine B. Forrest from Richard B. Harper dated November 22, 2017 re: Briefing Schedule for Defendants Daubert and Summary Judgment Motions. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
November 21, 2017 Filing 145 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/2/17 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)
November 21, 2017 Filing 144 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/2/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (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 12/12/2017. Redacted Transcript Deadline set for 12/22/2017. Release of Transcript Restriction set for 2/20/2018.(McGuirk, Kelly)
November 13, 2017 Filing 143 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/2/17 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)
November 13, 2017 Filing 142 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/2/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Samuel Mauro, (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 12/4/2017. Redacted Transcript Deadline set for 12/14/2017. Release of Transcript Restriction set for 2/12/2018.(McGuirk, Kelly)
November 3, 2017 Opinion or Order Filing 141 ORDER: Trial shall commence on April 16, 2018. The Final Pretrial Conference is set for Thursday, April 12, 2018 at 1:00 p.m. Pretrial materials, including the Joint Pretrial Order shall be filed not later than Thursday, April 5, 2018. Motions in limine shall be filed not later than Thursday, February 15, 2018. Oppositions shall be filed not later than Thursday, March 8, 2018. Replies shall be filed not later than March 15, 2018. Daubert motions shall be filed not later than Thursday, February 1, 2018. Oppositions shall be filed not later than Thursday, February 15, 2018. Replies shall be filed not later than Thursday, February 22, 2018. Summary judgment shall be fully briefed not later than Thursday, March 1, 2018. The Court will hold a telephonic status conference on Friday, February 23, 2018 at 11:00 a.m. Parties shall call Chambers (212-805-0276) from one line at that time. (Motions due by 3/1/2018. Pretrial Order due by 4/5/2018. Responses due by 3/8/2018. Replies due by 3/15/2018. Telephone Conference set for 2/23/2018 at 11:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 11/3/2017) (ras)
November 2, 2017 Minute Entry for proceedings held before Judge Katherine B. Forrest: Status Conference held on 11/2/2017. (jp)
October 16, 2017 Opinion or Order Filing 140 ORDER: The Court has set a trial date in this matter for April 16, 2018. The pretrial schedule is set as follows: The Final Pretrial Conference is set for Thursday, April 12, 2018 at 1:00 p.m. Pretrial materials, including the Joint Pretrial Order shall be filed not later than Thursday, April 5, 2018. Motions in limine (if any) shall be filed not later than Thursday, February 15, 2018. Oppositions shall be filed not later than Thursday, March 1, 2018 (no replies). Daubert motions (if any) shall be filed not later than Thursday, February 1, 2018. Oppositions shall be filed not later than Thursday, February 15, 2018 (no replies).( Motions due by 2/15/2018., Responses due by 3/1/2018, Final Pretrial Conference set for 4/12/2018 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/16/2017) (js)
October 12, 2017 Opinion or Order Filing 139 MEMO ENDORSEMENT on re: #138 Letter filed by Scentsational Technologies, LLC. ENDORSEMENT: Ordered. Trial shall commence on April 16, 2018. A separate order shall issue with all pre-trial dates. (This is a hard trial date). (Signed by Judge Katherine B. Forrest on 10/12/2017) (ras)
October 12, 2017 Filing 138 JOINT LETTER addressed to Judge Katherine B. Forrest from Melvin C. Garner dated October 12, 2017 re: Status Update. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
October 2, 2017 Opinion or Order Filing 137 ORDER. The Court directs the parties to submit a joint status update in letter format as to discovery and trial-readiness not later than Thursday, October 12, 2017. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/2/2017) (rjm)
October 2, 2017 Opinion or Order Filing 136 OPINION AND ORDER: re: #132 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Melvin C. Garner dated September 27, 2017. filed by Scentsational Technologies, LLC. For the foregoing reasons. Defendants' Motion To Strike is denied without prejudice and its Motion for Summary Judgment is granted in part and denied in part. The Motion for Summary Judgment is denied as to Plaintiff's misappropriation, breach of contract, and correction of inventorship claims, but granted as to the remaining claims. The Court will hold a status conference on October 19, 2017, at 1:30 pm. The Clerk of Court is respectfully directed to terminate the pending Motions. (Dkt. Nos. 108, 120.)This Opinion will be filed under seal. The Parties have 14 days to provide the Court with a proposed redacted copy for public filing. (Signed by Judge Kenneth M. Karas on 9/14/2017) (js) Modified on 11/8/2017 (js).
October 2, 2017 Filing 135 LETTER addressed to Judge Katherine B. Forrest from Lori L. Cooper dated 9/28/2017 re: Counsel for Plaintiff writes Please find attached the parties' proposed redacted copy of the Summary Judgment Opinion issued by Judge Karas on September 14, 2017, as requested below. Document filed by Scentsational Technologies, LLC. ENDORSEMENT: The Court accepts these redactions and hereby posts this and separately the redacted order to the docket. So Ordered(js)
September 28, 2017 Opinion or Order Filing 134 ORDER: On September 28, 2017, the above-captioned case was transferred to the undersigned. It is hereby ORDERED that: The reference to a Magistrate Judge for General Pre-trial Purposes is vacated. All matters shall proceed before Judge Forrest. The parties are directed to follow this Court's Individual Practices in Civil Cases (available at http://www.nysd.uscourts.gov/judge/Forrest). The Court hereby adjourns the status conference set for October 19, 2017, to Thursday, November 2, 2017 at 3:00 PM. This conference will be used to set a schedule for the remainder of this case. The Clerk of Court is ordered to terminate the motion hammer at ECF No. 132, and as further set forth in this order. (Status Conference set for 11/2/2017 at 3:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/28/2017) (ap)
September 28, 2017 Magistrate Judge Katharine H. Parker is so redesignated. (wb)
September 28, 2017 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Kenneth M. Karas is no longer assigned to the case. (wb)
September 27, 2017 Filing 133 NOTICE OF APPEARANCE by Lori Leigh Cooper on behalf of Scentsational Technologies, LLC. (Cooper, Lori)
September 27, 2017 Filing 132 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Melvin C. Garner dated September 27, 2017. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
September 14, 2017 Filing 131 SEALED DOCUMENT placed in vault.(ast)
May 30, 2017 Opinion or Order Filing 130 MEMO ENDORSEMENT on re: #129 Notice of Withdrawal of Appearance of Eric Lin and Request for Removal from ECF Service, filed by Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Tropicana Products, Inc., Pepsico, Inc., Stokely-Van Camp, Inc. ENDORSEMENT: Granted. SO ORDERED. Attorney Eric Wan-Jin Lin terminated. (Signed by Judge Kenneth M. Karas on 5/30/2017) (mml)
May 25, 2017 Filing 129 NOTICE of of WITHDRAWAL OF APPEARANCE OF ERIC LIN AND REQUEST FOR REMOVAL FROM ECF SERVICE. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
May 19, 2017 Filing 128 REPLY MEMORANDUM OF LAW in Support re: #108 MOTION for Summary Judgment . (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
May 19, 2017 Filing 127 RULE 56.1 STATEMENT. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
May 19, 2017 Filing 126 COUNTER STATEMENT TO #124 Rule 56.1 Statement. Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
May 19, 2017 Filing 125 MEMORANDUM OF LAW in Opposition re: #108 MOTION for Summary Judgment . (REDACTED). Document filed by Scentsational Technologies, LLC. (Garner, Melvin)
May 19, 2017 Filing 124 RULE 56.1 STATEMENT. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
May 19, 2017 Filing 123 MEMORANDUM OF LAW in Support re: #108 MOTION for Summary Judgment . (REDACTED). Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
May 4, 2017 Filing 122 SEALED DOCUMENT placed in vault.(wc)
April 24, 2017 Filing 121 SEALED DOCUMENT placed in vault.(wc)
April 21, 2017 Filing 120 MOTION to Strike . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Text of Proposed Order)(Harper, Richard)
April 12, 2017 Filing 119 SEALED DOCUMENT placed in vault.(wc)
April 7, 2017 Opinion or Order Filing 118 MEMO ENDORSED ORDER granting #115 Letter Motion for Conference on #116 LETTER RESPONSE in Opposition to Motion, filed by Scentsational Technologies, LLC. ENDORSEMENT: Defendants' motion is due 4/21/17. Plaintiff's opposition is due 5/5/17. The briefs are not to exceed 10 pages total. No funny business with the font or margins. The briefs must be double spaced. If a reply brief is necessary, the Court will issue an Order. So Ordered. (Signed by Judge Kenneth M. Karas on 4/7/17) (yv)
April 7, 2017 Set/Reset Deadlines: Motions due by 4/21/2017. Responses due by 5/5/2017 (yv)
April 6, 2017 Filing 117 SEALED DOCUMENT placed in vault.(wc)
April 6, 2017 Filing 116 LETTER RESPONSE in Opposition to Motion addressed to Judge Kenneth M. Karas from Melvin Garner dated April 6, 2017 re: #115 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Richard B. Harper dated March 31, 2017. . Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Garner, Melvin)
April 6, 2017 Filing 115 LETTER MOTION for Conference addressed to Judge Kenneth M. Karas from Richard B. Harper dated March 31, 2017. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
March 29, 2017 Opinion or Order Filing 114 ORDER granting #113 Letter Motion for Leave to File Excess Pages. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/29/17) (yv)
March 28, 2017 Filing 113 LETTER MOTION for Leave to File Excess Pages addressed to Judge Kenneth M. Karas from Richard B. Harper dated March 28, 2017. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
March 22, 2017 Filing 112 SEALED DOCUMENT placed in vault.(wc)
March 1, 2017 Opinion or Order Filing 111 ORDER granting #110 Letter Motion for Extension of Time to File Response/Reply re #108 MOTION for Summary Judgment . Granted, but no more extensions will be granted. So Ordered. (Responses due by 3/22/2017 Replies due by 4/12/2017.) (Signed by Judge Kenneth M. Karas on 2/28/17) (yv)
February 28, 2017 Filing 110 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 109 Sealed Document, #108 MOTION for Summary Judgment . addressed to Judge Kenneth M. Karas from Melvin C. Garner dated February 28, 2017. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
January 26, 2017 Filing 109 SEALED DOCUMENT placed in vault. (mml)
January 24, 2017 Filing 108 MOTION for Summary Judgment . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Text of Proposed Order)(Harper, Richard)
January 23, 2017 Mediator Session Held on 1/19/2017 at Offices of Defendant's Counsel.(mf)
January 5, 2017 Opinion or Order Filing 106 ORDER granting #105 Letter Motion for Extension of Time. (Motions due by 1/24/2017.); granting #105 Letter Motion for Leave to File Excess Pages. All requests are granted. You're welcome. So Ordered. (Signed by Judge Kenneth M. Karas on 1/4/17) (yv)
January 5, 2017 Set/Reset Deadlines: Responses due by 3/7/2017. Replies due by 3/28/2017. (yv)
January 4, 2017 Filing 105 LETTER MOTION for Extension of Time to file Motion for Summary Judgment and Supporting Papers addressed to Judge Kenneth M. Karas from Richard B. Harper dated January 4, 2017., LETTER MOTION for Leave to File Excess Pages addressed to Judge Kenneth M. Karas from Richard B. Harper dated January 4, 2017. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
December 23, 2016 MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 1/19/2017, 10:30 AM at the Offices of Defendant's Counsel.(cda)
December 23, 2016 ***DELETED DOCUMENT. Deleted document number Mediator Session Scheduled 1/23/2017. The document was incorrectly filed in this case. (cda)
November 17, 2016 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 12/19/2016.(cda)
November 14, 2016 Opinion or Order Filing 104 MOTION SCHEDULING ORDER: At the Conference held before the Court on November 10, 2016, the Court adopted the following scheduling order: Defendants shall file their Motion for Summary Judgment by no later than January 9, 2017. Plaintiff shall file opposition papers by no later than February 17, 2017. Defendants shall file their Reply in support of their Motion by no later than March 10, 2017. Sur-reply papers will not be accepted unless prior permission of the Court is given. So Ordered. (Motions due by 1/9/2017. Responses due by 2/17/2017 Replies due by 3/10/2017.) (Signed by Judge Kenneth M. Karas on 11/14/16) (yv)
November 13, 2016 Opinion or Order Filing 103 ORDER DECLARING CASE ELIGIBLE FOR MEDIATION... ALL ISSUES ARE ELIGIBLE. The entire mediation process is confidential. The parties and the Mediator may not disclose information regarding the process, including settlement terms, to the Court or to third persons unless all parties agree. The identity of the Mediator is not to be disclosed even to the Court. However, persons authorized by the Court to administer or evaluate the mediation program may have access to information necessary to administer or evaluate the program and parties, and counsel and mediators may respond to confidential inquiries or surveys by said persons authorized by the Court to administer or evaluate the mediation program. The mediation process shall be treated as a compromise negotiation for purposes of the Federal Rules of Evidence and state rules of evidence. The Mediator is disqualified as a witness, consultant, attorney, or expert in any pending or future action relating to the dispute, including actions between persons not parties to the mediation process. Entry of this case into the Court's mediation program shall not be deemed to change any timetable set by the Court contained in a scheduling order or otherwise governing the completion of discovery, motion practice or trial date. So Ordered. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/23/2016. Mediator Expertise Request due by 11/18/2016. (Signed by Judge Kenneth M. Karas on 11/10/16) (yv)
November 10, 2016 Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 11/10/2016. Melvin Garner, Lauren Sabol, and Joel Rothman appeared on behalf of Plaintiff; Richard Harper and Julie Albert appeared on behalf of Defendants. No court reporter served. The Court adopted a briefing schedule. See Order. (BF)
June 2, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 6/2/2016, Melvin C. Garner appearing by telephone for Plaintiff and Richard Harper appearing by telephone for Defendants. Adjourned. (Levy, Orrie)
June 1, 2016 Opinion or Order Filing 102 MEMO ENDORSEMENT granting #100 Letter Motion to change Lead Attorney for Plaintiff. ENDORSEMENT: So Ordered. (Signed by Judge Kenneth M. Karas on 6/1/16) (yv)
June 1, 2016 Filing 100 LETTER MOTION to Substitute Attorney. Old Attorney: Jerold I. Schneider, prior lead attorney, New Attorney: Melvin C. Garner, new lead attorney addressed to Judge Kenneth M. Karas from Jerold I. Schneider dated 06/01/2016. Document filed by Scentsational Technologies, LLC.(Schneider, Jerold)
June 1, 2016 Opinion or Order Filing 99 ORDER granting #98 Motion to Seal. The Court hereby grants Plaintiff's Motion. The Clerk of the Court is respectfully requested to terminate the pending motion. (See Dkt. No. 98.) SO ORDERED. (Signed by Judge Kenneth M. Karas on 5/31/16) (yv)
May 31, 2016 Filing 101 SEALED DOCUMENT placed in vault.(wc)
May 27, 2016 Filing 98 MOTION to Seal Plaintiff's Pre-Motion Response Letter and Exhibits. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
April 22, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 4/22/2016, Melvin C. Garner appearing by telephone for Plaintiff and Richard Harper appearing by telephone for Defendants. Adjourned to 6/2/2016 at 5:00 PM for a telephonic status conference. (Status Conference set for 6/2/2016 at 05:00 PM before Magistrate Judge Lisa Margaret Smith.) (Levy, Orrie)
April 19, 2016 Filing 97 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al 13cv8645 (KMK)(LMS), has been re-scheduled from a telephonic status conference on Friday, April 22, 2016, at 10:00 AM before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to a telephonic status conference on Friday, April 22, 2015, at 2:30 PM. Plaintiff's counsel is to have defense counsel on the line when contacting Chambers. (Signed by Magistrate Judge Lisa Margaret Smith on 4/19/2016) (mml)
April 14, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 4/14/2016, Melvin C. Garner appearing by telephone for Plaintiff and Richard Harper appearing in by telephone for Defendants. Adjourned to 4/22/2016 at 10:00 AM for a telephonic status conference. (Status Conference set for 4/22/2016 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.) (Levy, Orrie)
April 13, 2016 Filing 96 LETTER addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated April 13, 2016 re: Response to ScentSational Technologies April 11, 2016 Letter. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibit A)(Harper, Richard)
April 11, 2016 Filing 95 LETTER addressed to Magistrate Judge Lisa M. Smith from Melvin C. Garner dated April 11, 2016 re: ScentSational Technologies, LLC v. PepsiCo, Inc., et al., C.A. No.: 13-cv-8645 (KMK) (LMS) (SDNY). Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
April 4, 2016 Opinion or Order Filing 94 THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: The parties do not consent to trial by Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 1-2 weeks. (Signed by Magistrate Judge Lisa Margaret Smith on 4/4/2016) (mml)
April 1, 2016 Filing 93 JOINT LETTER addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated April 1, 2016 re: Proposed Third Amended Joint Case Management and Scheduling Order. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Proposed Third Amended Joint Case Management and Scheduling Order)(Harper, Richard)
March 22, 2016 Filing 92 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al., has been re-scheduled from a telephonic status conference on Friday, April 15, 2016, at 9:45 AM before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to a telephonic status conference on Thursday, April 14, 2016, at 9:45 AM. Plaintiff's counsel is to have defense counsel on the line when contacting Chambers. (Signed by Magistrate Judge Lisa Margaret Smith on 3/22/2016) (mml)
March 1, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 3/1/2016, Melvin Garner and Joel Rothman appearing by telephone for Plaintiff and Richard Harper and Robert Maier appearing by telephone for Defendants. Adjourned to 4/15/2016 at 9:45 AM for a telephonic status conference. (Status Conference set for 4/15/2016 at 09:45 AM before Magistrate Judge Lisa Margaret Smith.) (Levy, Orrie)
January 28, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/28/2016, Melvin Garner appearing by telephone for Plaintiff and Richard Harper appearing by telephone for Defendants. Adjourned to 3/1/2016 at 9:45 AM for a telephonic status conference. (Status Conference set for 3/1/2016 at 09:45 AM before Magistrate Judge Lisa Margaret Smith.) (Levy, Orrie)
January 27, 2016 Filing 91 LETTER addressed to Magistrate Judge Lisa M. Smith from Melvin C. Garner dated 1/27/2016 re: ScentSational Technologies, LLC v. PepsiCo, Inc., et al., C.A. No.: 13-cv-8645 (KMK) (LMS) (SDNY). Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
January 21, 2016 Opinion or Order Filing 90 JOINT STIPULATION REGARDING ASSERTED TRADE SECRETS: Plaintiff ScentSational Technologies, LLC ("ScentSational"), and Defendants PepsiCo, Inc., Pepsi-Cola Technical Operations, Inc., The Quaker Oats Company, Stokely-Van Camp, Inc., and Tropicana Products, Inc. (collectively, "PepsiCo"), by and through their counsel of record, hereby stipulate in the above-referenced action as follows: 1. Plaintiff is asserting 25 individually actionable purported trade secrets in the above referenced action. 2. For the purpose of the above-referenced action, each of the 25 individually actionable purported trade secrets is defined on the following bates numbers of a document entitled "ScentSational's Concise Statement of its Trade Secrets," which was provided by ScentSational on January 5, 2016 and was marked that day as Exhibit 14 in the deposition of Barry Edelstein as further set forth in this Stipulation. 3. Each of the 25 individually actionable purported trade secrets is a "compilation" trade secret. That is, each one is a combination of all of the elements reflected by the sentences in the bates number range for each respective asserted trade secret listed above in paragraph 2. 4. Plaintiff agrees that it cannot modify any of the 25 individually actionable purported trade secrets, including by adding additional elements, or by deleting or otherwise disregarding any individual element in any of the asserted trade secrets. 5. Plaintiff agrees that, by or before April 7, 2016, Plaintiff will reduce the number of asserted trade secrets in this action from 25 to some number it reasonably expects to raise at trial in this action, and will so inform Defendants as to which trade secrets it has dropped from the action. SO STIPULATED BY the parties through their undersigned counsel. So Ordered. (Signed by Judge Kenneth M. Karas on 1/21/16) (yv)
January 19, 2016 Opinion or Order Filing 89 ORDER: Therefore, it is hereby ordered that counsel for Plaintiff shall affirm to the Court and to Defendants' counsel that the documents not prepared in anticipation of litigation which are attached to the various documents identified in the privilege log submitted to the Court have been, or are being, produced to Defendants' counsel. This constitutes the Decision and Order of the Court. Because this Order does not reveal any confidential or privileged information, it is not being docketed under seal. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 1/19/2016) (mml)
January 19, 2016 Filing 88 SEALED DOCUMENT placed in vault.(wc)
January 19, 2016 Filing 87 SEALED DOCUMENT placed in vault.(wc)
January 19, 2016 Filing 86 LETTER addressed to Magistrate Judge Lisa M. Smith from Melvin C. Garner dated 1/19/2016 re: ScentSational Technologies, LLC v. PepsiCo, Inc., et al.,. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
January 14, 2016 Opinion or Order Filing 85 ORDER: Before the Court are issues of privilege, raised with the Court by letters dated January 13, 2016 (see Defendants' letter, DE 84; Plaintiff's letter will be docketed under seal at the time of filing of this Order). The reader is presumed to be familiar with the issues raised, and the factual background, of the privilege claims and opposition thereto which are currently in dispute. The Court rules, in part, as set forth in this Order. (Signed by Magistrate Judge Lisa Margaret Smith on 1/14/2016) (mml)
January 14, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/14/2016, Melvin Garner appearing in person for Plaintiff and Richard Harper and Julie Albert appearing in person for Defendants. The assertion of privilege with respect to the four documents in "Group A" and the one document in "Group D" is sustained. Adjourned to 1/28/2016 at 4:45 PM for a telephonic status conference. (Status Conference set for 1/28/2016 at 04:45 PM before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie)
January 13, 2016 Filing 84 LETTER addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated January 13, 2016 re: Dispute Regarding Plaintiffs Privilege Log. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harper, Richard)
January 5, 2016 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 1/5/2016, Melvin Garner and Lauren Sabol appearing by telephone for Plaintiff and Richard Harper appearing by telephone for Defendants. Plaintiff is directed to disclose the sixty documents for which the privilege being asserted by Plaintiff is Mr. Edelstein being an attorney. Adjourned. (Levy, Orrie)
December 18, 2015 Opinion or Order Filing 83 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Expert Discovery due by 4/1/2016. Discovery due by 4/1/2016. The parties do not consent to trial by Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties have conferred and their present best estimate of the length of trial is 1-2 weeks. (Signed by Magistrate Judge Lisa Margaret Smith on 12/18/2015) (mml)
December 18, 2015 Filing 82 JOINT LETTER addressed to Magistrate Judge Lisa M. Smith from Robert L. Maier dated December 18, 2015 re: Proposed Second Amended Joint Case Management and Scheduling Order. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Scentsational Technologies, LLC, Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Proposed Second Amended Joint Case Management and Scheduling Order)(Maier, Robert)
December 10, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 12/10/2015, Melvin Garner and Lauren Sabol appearing by telephone for Plaintiff and Richard Harper and Robert Maier appearing by telephone for Defendants. Adjourned to 01/14/2016 at 10:00 A.M., for a telephonic status conference. (Status Conference set for 1/14/2016 at 10:00 AM before Magistrate Judge Lisa Margaret Smith.). (Levy, Orrie)
November 13, 2015 Filing 81 LETTER addressed to Magistrate Judge Lisa M. Smith from Joel B. Rothman dated November 13, 2015 re: Telephonic Hearing on 11-13-2015 at 10:30am. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit Deposition Notice Dated 8-7-2015, #2 Exhibit Deposition Notice Dated 9-11-2015, #3 Exhibit Deposition Notice Dated 10-5-2015, #4 Exhibit Deposition Notice Dated 10-21-2015, #5 Exhibit Deposition Notice Dated 10-26-2015, #6 Exhibit Deposition Notice Dated 11-2-2015)(Rothman, Joel)
November 13, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/13/2015, Melvin Garner and Joel Rothman appearing by telephone for Plaintiff and Richard Harper and Robert Maier appearing by telephone for Defendants. Adjourned to 12/10/2015 at 4:45 PM for a telephonic status conference. (Status Conference set for 12/10/2015 at 04:45 PM before Magistrate Judge Lisa Margaret Smith.) (Levy, Orrie)
November 6, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/6/2015, Joel Rothman, Melvin Garner and Lauren Sabol appearing by telephone for Plaintiff, Robert Maier appearing by telephone for Defendant, and Tom Stewart and Jeffrey Tompkins appearing by telephone for Coca Cola. Deposition dispute resolved. Adjourned. (Levy, Orrie)
November 4, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 11/4/2015, Melvin Garner and Lauren Sabol appearing in person for Plaintiff and Jennifer Tempesta appearing in person for Defendant. Defendant is authorized to depose Mr. Edelstein for an additional 10.5 hours and Mr. Landau for an additional 14 hours. Adjourned. (Court Reporter courtflow) (Levy, Orrie)
October 28, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 10/28/2015, Melvin Garner and Lauren Sabol appearing in person for Plaintiff and Richard Harper and Eric Lin appearing in person for Defendants. The deposition limit for both parties is increased to twenty; the previously set discovery schedule remains in place. Adjourned to 11/13/2015 at 10:30 A.M. for a telephonic status conference. (Status Conference set for 11/13/2015 at 10:30 AM before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (Levy, Orrie)
October 22, 2015 Opinion or Order Filing 80 MEMO ENDORSEMENT on #78 NOTICE of WITHDRAWAL OF APPEARANCE OF SHANNON TURNER AND REQUEST FOR REMOVAL FROM ECF SERVICE. ENDORSEMENT: Granted. So Ordered. (Attorney Shannon Elizabeth Turner terminated) (Signed by Judge Kenneth M. Karas on 10/22/2015) (lnl)
October 20, 2015 Filing 79 NOTICE OF APPEARANCE by Eric Wan-Jin Lin on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Lin, Eric)
October 16, 2015 Minute Entry for pre-motion conference held before Judge Kenneth M. Karas on 10/16/2015. Melvin Garner and Lauren Sabol appeared on behalf of Plaintiff; Richard Harper, Robert Maer, and Eric Lin appeared on behalf of Defendant. No court reporter served. Discovery to be completed by November 24, 2015. (RM)
October 7, 2015 Filing 78 NOTICE of WITHDRAWAL OF APPEARANCE OF SHANNON TURNER AND REQUEST FORREMOVAL FROM ECF SERVICE. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
October 7, 2015 Filing 77 NOTICE OF APPEARANCE by Julie Beth Albert on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Albert, Julie)
October 7, 2015 Opinion or Order Filing 76 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: The parties do not consent to trial by Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Parties have conferred and their present best estimate of the length of trial is 1-2 weeks. Motions due by 1/14/2016. Fact Discovery due by 11/24/2015. Discovery due by 2/26/2016. Status Conference set for 10/13/2015 at 10:30 AM before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 10/6/2015) (rj)
October 7, 2015 Filing 75 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al, has been re-scheduled from an in-person status conference on Tuesday, October 13, 2015, at 10:30 A.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Wednesday, October 28, 2015, at 11:30 A.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 10/7/2015) (mml)
October 2, 2015 Filing 74 NOTICE OF CHANGE OF ADDRESS by Jerold Ira Schneider on behalf of Scentsational Technologies, LLC. New Address: SCHNEIDER ROTHMAN INTELLECTUAL PROPERTY LAW GROUP PLLC, 4651 North Federal Highway, Boca Raton, FLORIDA, United States 33431, 5614044350. (Schneider, Jerold)
September 30, 2015 Opinion or Order Filing 73 MEMO ENDORSEMENT granting #72 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Joel B. Rothman dated September 30, 2015. ENDORSEMENT: The October 7 conference is adjourned to October 16, 2015, at 2:00. So Ordered. (Status Conference set for 10/16/2015 at 02:00 PM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 9/30/2015) (lnl)
September 30, 2015 Filing 72 LETTER MOTION to Adjourn Conference addressed to Judge Kenneth M. Karas from Joel B. Rothman dated September 30, 2015. Document filed by Scentsational Technologies, LLC.(Rothman, Joel)
September 4, 2015 Filing 71 LETTER addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 2015-09-04 re: Response to Defendants' August 21, 2015 Letter. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
August 28, 2015 Filing 70 JOINT LETTER addressed to Magistrate Judge Lisa M. Smith from Robert L. Maier dated August 28, 2015 re: Joint Proposed Amended Scheduling Order and Case Management Plan. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibit Proposed Amended Scheduling Order and Case Management Plan)(Maier, Robert)
August 27, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 08/27/2015, Melvin Garner, Lauren Sabol, and Cameron Reuber appearing in person for Plaintiff, and Richard Harper, Robert Maier, and Eric Lin appearing in person for Defendants. Adjourned to 10/13/2015 at 10:30 AM for an in-person status conference. (Status Conference set for 10/13/2015 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
July 23, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 07/23/2015, Melvin Garner, Joel Rothman, and Lauren Sabol appearing in person for Plaintiff, and Richard Harper appearing in person for Defendants. Adjourned to 08/27/2015 at 11:00 AM for an in-person status conference. (Status Conference set for 08/27/2015 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
July 21, 2015 Filing 69 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 02/20/2015 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...(Staten, Mary)
July 21, 2015 Filing 68 TRANSCRIPT of Proceedings re: conference held on 2/20/2015 before Magistrate Judge Lisa M. Smith. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. 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 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.(Staten, Mary)
July 10, 2015 Filing 67 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al. has been rescheduled from an in-person status conference on Wednesday, July 15, 2015, at 10:00 A.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Thursday, July 23, 2015, at 4:00 P.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 7/10/2015) (mml)
July 2, 2015 Filing 66 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al. has been rescheduled from an in-person status conference on Friday, July 17, 2015, at 10:00 A.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Wednesday, July 15, 2015, at 10:00 A.M. in Courtroom 520. (Signed by Magistrate Judge Lisa Margaret Smith on 7/2/2015) (mml)
June 15, 2015 Filing 65 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a status conference proceeding held on 03/20/2015 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...(Staten, Mary)
June 15, 2015 Filing 64 TRANSCRIPT of Proceedings re: status conference held on 3/20/2015 before Magistrate Judge Lisa M. Smith. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. 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 7/9/2015. Redacted Transcript Deadline set for 7/20/2015. Release of Transcript Restriction set for 9/17/2015.(Staten, Mary)
June 8, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 06/08/2015, Melvin Garner, Joel Rothman, Marc Hirschfeld, and Lauren Sabol appearing in person for Plaintiff, and Richard Harper and Eric Lin appearing in person for Defendants. Each party may take a deposition, lasting up to three (3) hours, of a Rule 30(b)(6) witness for the opposing party on the issue of ESI as discussed. Adjourned to 07/17/2015 at 10:00 AM for an in-person status conference. (Status Conference set for 07/17/2015 at 10:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
June 5, 2015 Filing 63 LETTER addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated June 5, 2015 re: Response to Plaintiff ScentSational Technologies, LLCs June 1, 2015 Letter. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
June 1, 2015 Filing 62 LETTER addressed to Magistrate Judge Lisa M. Smith from Joel B. Rothman dated 6/1/2015 re: ESI status report and data map. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Affidavit Declaration of Marc Hirschfeld)(Rothman, Joel)
May 20, 2015 Filing 61 NOTICE OF CHANGE OF ADDRESS by Shannon Elizabeth Turner on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. New Address: Baker Botts L.L.P., 1001 Page Mill Road, Building One, Suite 200, Palo Alto, California, U.S.A. 94304, (650) 739-7585. (Turner, Shannon)
May 5, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 05/05/2015, Joel Rothman appearing for Plaintiff, and Richard Harper appearing for Defendants. Discovery dispute resolved. Adjourned. (ldr)
April 27, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 04/27/2015, Joel Rothman, Melvin Garner, Marc Hirschfeld, and Lauren Sabol appearing in person for Plaintiff, and Richard Harper and Shannon Turner appearing in person for Defendants. Discovery disputes resolved; see transcript for details. Within the next two weeks, parties are to hold an in-person meeting, including at least one attorney for each side and each side's ESI vendor, in order to discuss the question of a data map. Following this meeting, Plaintiff is to submit to the Court a specific request that identifies what is proposed to be included in such a map in this case, because with the assistance of the ESI vendors, counsel should be able to use the appropriate language in the context of what exists, what is possible, and what needs to be identified for purposes of completing ESI discovery. Defendant may make a counter-proposal for such a map within five business days of Plaintiff's proposal to the Court. Also at the time of this conference, Plaintiff's counsel may inquire of Defendant's ESI vendor about the syntax required to successfully search their system.Adjourned to 06/08/2015 at 10:30 AM for an in-person status conference. (Status Conference set for 06/08/2015 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
April 23, 2015 Filing 60 LETTER addressed to Magistrate Judge Lisa M. Smith from Joel B. Rothman dated 4/23/2015 re: ESI Status Conference on 4/27/2015. Document filed by Scentsational Technologies, LLC.(Rothman, Joel)
April 23, 2015 Filing 59 LETTER addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated 4.23.15 re: E-discovery dispute. Document filed by Pepsico, Inc.. (Attachments: #1 Exhibit A)(Harper, Richard)
April 22, 2015 Filing 58 NOTICE of NOTICE OF FILING ESI AGENDA re: #51 Order,,,. Document filed by Scentsational Technologies, LLC. (Rothman, Joel)
April 20, 2015 Opinion or Order Filing 57 MEMO ENDORSEMENT granting (DE# 57 in Case No. 14-cv-227) LETTER MOTION for Conference re: 53 Memo Endorsement addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 04/15/2015. ENDORSEMENT: Those who wish to move to dimiss Mr. Kamdem-Ouaffo's Second Amended Complaint may file, if they have not already, a pre-motion letter by April 30, 2015. Mr. Kamdam-Ouaffo is to respond by May 7, 2015. The Court will hold a pre-motion conference on May 14, 2015, at 3:30. So Ordered. (Pre-Motion Conference set for 5/14/2015 at 03:30 PM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 4/17/2015) (lnl)
April 15, 2015 Opinion or Order Filing 56 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al. has been rescheduled from an in-person status conference on Tuesday, April 21, 2015, at 10:30 A.M. before the Hon. Lisa Margaret Smith, United States Magistrate Judge, to an in-person status conference on Monday, April 27, 2015, at 10:30 A.M. in Courtroom 520. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 4/15/2015) (mml)
March 23, 2015 Opinion or Order Filing 55 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: The parties do not consent to rial by Magistrate Judge, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Parties have conferred and their present best estimate of the length of trial is 1-2 weeks. The Court will hold a case management conference on November 13, 2015, at 2:00. Movant's pre motion letter is due two weeks before that conference; non movant's response is due one week. Deposition due by 8/31/2015. Fact Discovery due by 8/31/2015. Discovery due by 11/30/2015. Case Management Conference set for 11/13/2015 at 02:00 PM before Judge Kenneth M. Karas. (Signed by Judge Kenneth M. Karas on 3/20/2015) (rj)
March 20, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 03/20/2015, Melvin Garner, Joel Rothman, and Marc Hirschfeld appearing in person for Plaintiff, and Richard Harper and Shannon Turner appearing in person for Defendants. Adjourned to 04/21/2015 at 10:30 AM for an in-person status conference. (Status Conference set for 04/21/2015 at 10:30 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
March 19, 2015 Filing 54 NOTICE OF APPEARANCE by Jennifer Cozeolino Tempesta on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Tempesta, Jennifer)
March 19, 2015 Filing 53 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Lisa M. Smith from Richard B. Harper dated March 19, 2015. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Scentsational Technologies, LLC, Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 [Proposed] Amended Case Management Plan and Scheduling Order)(Harper, Richard)
February 27, 2015 Opinion or Order Filing 52 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Lisa Margaret Smith on 2/27/2015) (lnl)
February 27, 2015 Opinion or Order Filing 51 JOINT ELECTRONIC DISCOVERY SUBMISSION NO. 1 AND ORDER: One or more of the parties to this litigation have indicated that they believe that relevant information may exist or be stored in electronic format, and that this content is potentially responsive to content or anticipated discovery requests. This Joint Submission and Order (and any subsequent ones) shall be the governing document(s) by which the parties and the Court manage the electronic discovery process in this action. The parties and the Court recognize that this Joint Electronic Discovery Submission No. 1 and [Proposed] Order is based on facts and circumstances as they are currently known to each party, that the electronic discovery process is iterative, and that additions and modifications to this Submission may become necessary as more information becomes known to the parties. (Signed by Magistrate Judge Lisa Margaret Smith on 2/27/2015) (See ORDER AS SET FORTH) (lnl)
February 26, 2015 Filing 50 LETTER addressed to Magistrate Judge Lisa M. Smith from Melvin C. Garner dated February 26, 2015 re: Proposed Protective Order. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Proposed Protective Order)(Garner, Melvin)
February 20, 2015 Opinion or Order Filing 49 ORDER: In order to facilitate the progress of pre-trial discovery of this litigation in a just, speedy and inexpensive manner, to insure compliance with the case management plan, and to prevent the accumulation of unresolved discovery issues, the following procedures will be followed for the resolution of discovery disputes. (Signed by Magistrate Judge Lisa Margaret Smith on 2/20/2015) (mml)
February 20, 2015 Minute Entry for proceedings held before Magistrate Judge Lisa Margaret Smith: Status Conference held on 02/20/2015, Melvin Garner, Joel Rothman, and Lauren Sabol appearing in person for Plaintiff, and Richard Harper and Shannon Turner appearing in person for Defendants. Not satisfied that either Plaintiff's two principals or Defendant Pepsico's in-house counsel must have access to the material described, the Court directs counsel to create a protective order that does not allow access to either. Counsel may, upon notice to opposing counsel, make argument that certain documents or categories of documents must be shared for reasons applicable in that specific instance. See transcript for details.Adjourned to 03/20/2015 at 11:00 AM for an in-person status conference; Mr. Rothman may appear by telephone. (Status Conference set for 03/20/2015 at 11:00 AM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith.) (Court Reporter courtflow) (ldr)
February 19, 2015 Filing 48 LETTER addressed to Magistrate Judge Lisa M. Smith from Joel B. Rothman dated February 19, 2015 re: Joint Electronic Discovery Submission No. 1 and Proposed Order. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Text of Proposed Order Joint Electronic Discovery Submission No. 1 and Proposed Order)(Rothman, Joel)
February 9, 2015 Filing 47 RE-SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al. has been re-scheduled from an in-person status conference on Wednesday, 2/11/2015, to an in-person status conference on Friday, 2/20/2015 at 02:30 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 2/9/2015) (mml)
January 20, 2015 Filing 46 SCHEDULING NOTICE: The matter of Scentsational Technologies, LLC v. Pepsico, Inc. et al. has been scheduled for an in-person status conference on Wednesday, 2/11/2015 at 12:00 PM in Courtroom 520, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Lisa Margaret Smith. (Signed by Magistrate Judge Lisa Margaret Smith on 1/20/2015) (mml)
January 20, 2015 Opinion or Order Filing 45 Vacated as per Judge's Order dated 9/28/2017, Doc. # 134 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 Lisa Margaret Smith. (Signed by Judge Kenneth M. Karas on 1/20/2015) (lnl) Modified on 9/28/2017 (ap).
January 7, 2015 Filing 44 LETTER addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 2015-01-07 re: Proposed Protective Orders. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit 1 - Plaintiff's [Proposed] Protective Order, #2 Exhibit 2 - Defendants' [Proposed] Protective Order)(Garner, Melvin)
October 22, 2014 Filing 43 ANSWER to #33 Amended Complaint,, with JURY DEMAND. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
October 22, 2014 Filing 42 NOTICE OF APPEARANCE by Shannon Elizabeth Turner on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Turner, Shannon)
October 16, 2014 Opinion or Order Filing 41 JOINT CASE MANAGEMENT AND SCHEDULING ORDER: The parties do not consent to trial by Magistrate Judge pursuant to 28 U.S.c. 636(c). This case is to be tried to a jury. Defendants are to file and serve their Answers by October 22, 2014. No additional parties may be joined except with leave of the Court. Any motion practice for joinder of additional parties must be commenced by January 14, 2015. Amended pleadings may not be filed except with leave of the Court. Any motion practice for amendment of the pleadings must be commenced by January 14, 2015. All Fact Discovery due by 5/31/2015. Any fact discovery requests must be propounded so that the responses are due by this date. All discovery, including expert discovery is to be completed no later than 7/31/2015. Fact discovery depositions are to be completed by 5/1/2015 Parties have conferred and their present best estimate of the length of trial is 1-2 weeks. ENDORSEMENT: The Court will hold a Case Management Conference on July 10, 2015 at 11:30. Any party wishing to file a motion is to submit a pre-motion letter 2 weeks before this conference. The non-movant is to respond 1 week before the conference. (Motions due by 1/14/2015. Deposition due by 5/1/2015. Fact Discovery due by 5/31/2015. Expert Discovery due by 7/31/2015. Discovery due by 7/31/2015. Case Management Conference set for 7/10/2015 at 11:30 AM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 10/15/2014) (lnl)
October 15, 2014 Filing 40 LETTER addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 10-15-2014 re: September Scheduling Order. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A - [Proposed] Joint Case Management and Scheduling Order)(Garner, Melvin)
September 25, 2014 Opinion or Order Filing 39 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Jonathan W. Thomas, dated 9/22/2014, re: Counsel for ScentSational Technologies, LLC writes to request that he be allowed to withdraw as counsel of record for ScentSational pursuant to Local Civil Rule 1.4. ENDORSEMENT: SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/24/2014) (lnl)
September 18, 2014 Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 9/18/2014. Melvin Garner, Cameron Reuben, and Joel Rothman appeared on behalf of Plaintiff. Richard Harper, Robert Maier, and Shannon Turner appeared on behalf of Defendants. No court reporter served. The Parties will submit proposed schedules for discovery and for Defendants' motion to dismiss. (lnl)
September 12, 2014 Filing 38 LETTER addressed to Judge Kenneth M. Karas from Richard B. Harper dated September 12, 2014 re: Response to Plaintiffs September 3, 2014 Letter, Regarding Recent Events. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
September 3, 2014 Filing 37 LETTER addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 2014-09-03 re: Update of recent case activities. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
July 25, 2014 Opinion or Order Filing 36 MEMO ENDORSEMENT on #35 LETTER addressed to Judge Kenneth M. Karas from Richard B. Harper dated July 10, 2014 re: Request for Briefing Schedule for a Motion to Dismiss the Amended Complaint. ENDORSEMENT: The Court will hold a pre-motion conference on September 18, 2014, at 3:00 p.m. So Ordered. (Pre-Motion Conference set for 9/18/2014 at 03:00 PM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 7/25/2014) (lnl)
July 11, 2014 Filing 35 LETTER addressed to Judge Kenneth M. Karas from Richard B. Harper dated July 10, 2014 re: Request for Briefing Schedule for a Motion to Dismiss the Amended Complaint. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc..(Harper, Richard)
July 11, 2014 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Richard Benjamin Harper to RE-FILE Document #34 LETTER MOTION for Conference (Request for Briefing Schedule for a Motion to Dismiss the Amended Complaint) addressed to Judge Kenneth M. Karas from Richard B. Harper dated July 10, 2014. Use the event type Letter found under the event list Other Documents. (db)
July 10, 2014 Filing 34 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference (Request for Briefing Schedule for a Motion to Dismiss the Amended Complaint) addressed to Judge Kenneth M. Karas from Richard B. Harper dated July 10, 2014. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc. (Harper, Richard) Modified on 7/11/2014 (db).
July 1, 2014 Filing 33 AMENDED COMPLAINT amending #1 Complaint, against Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc. with JURY DEMAND.Document filed by Scentsational Technologies, LLC. Related document: #1 Complaint, filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Garner, Melvin)
July 1, 2014 Filing 32 EXHIBIT TO PLEADING re: #31 Amended Complaint,,. Document filed by Scentsational Technologies, LLC.(Garner, Melvin)
July 1, 2014 ***NOTICE TO ATTORNEY REGARDING DEFICIENT AMENDED COMPLAINT. Notice to Attorney Melvin Garner RE: Document No. #31 Amended Complaint. The filing is deficient for the following reason(s): the wrong party was selected for FILED AGAINST. You must choose each defendant individually. File the Exhibit to Pleading event found under the event category Other Documents and attach either opposing party's written consent or Court's leave. Re-file the document and select the correct party you are filing against. (sj)
June 27, 2014 Filing 31 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by Scentsational Technologies, LLC. Related document: #1 Complaint, filed by Scentsational Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Garner, Melvin) Modified on 7/1/2014 (sj).
June 6, 2014 Filing 30 DECLARATION of Richard B. Harper in Support re: #28 MOTION to Dismiss for Failure to State a Claim.. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Exhibit 1 to Harper Declaration - Part 1 of 2, #2 Exhibit 1 to Harper Declaration - Part 2 of 2, #3 Exhibit 2 to Harper Declaration, #4 Exhibit 3 to Harper Declaration, #5 Exhibit 4 to Harper Declaration, #6 Exhibit 5 to Harper Declaration)(Harper, Richard)
June 6, 2014 Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss for Failure to State a Claim. . Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
June 6, 2014 Filing 28 MOTION to Dismiss for Failure to State a Claim. Document filed by Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Attachments: #1 Text of Proposed Order)(Harper, Richard)
June 5, 2014 Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a premotion conference proceeding held on 06/05/2014 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...(O'Donnell, Angela)
June 5, 2014 Filing 26 TRANSCRIPT of Proceedings re: premotion conference held on 5/15/2014 before Judge Kenneth M. Karas. Court Reporter/Transcriber: Angela O*Donnell, (914) 390-4025. 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 6/30/2014. Redacted Transcript Deadline set for 7/10/2014. Release of Transcript Restriction set for 9/8/2014.(O'Donnell, Angela)
May 29, 2014 Filing 25 NOTICE OF APPEARANCE by Lauren Brette Sabol on behalf of Scentsational Technologies, LLC. (Sabol, Lauren)
May 16, 2014 Opinion or Order Filing 24 MOTION SCHEDULING ORDER: At the Pre-Motion Conference held before the Court on May 15, 2014, the Court adopted the following scheduling order: Defendants shall file their Motion for To Dismiss no later than June 6, 2014. Plaintiff shall file its opposition papers no later than June 27, 2014. Defendants shall file their reply memorandum no later than July 11, 2014. Sur-reply papers will not be accepted unless prior permission of the Court is given. Counsel are reminded that there is a strict page limit, which will be extended only in extreme circumstances. Any pending deadlines found in the Federal Rules of Civil Procedure or in any applicable statute are hereby stayed until the date the motion is due. Courtesy copies are to be served upon counsel by the assigned date. One courtesy copy of all papers also shall be sent to this Court at the time they are served upon opposing counsel. If oral argument is requested, it may be scheduled by the Court. Please wait to hear from the Court to schedule argument. SO ORDERED. Motions due by 6/6/2014. Responses due by 6/27/2014. Replies due by 7/11/2014. (Signed by Judge Kenneth M. Karas on 5/16/2014) (lnl)
May 15, 2014 Minute Entry for proceedings held before Judge Kenneth M. Karas: Pre-Motion Conference held on 5/15/2014. Melvin Garner, Jonathan Thomas, Laren Sabol, and Joel Rothman appeared on behalf of Plaintiff. (Mr. Rothman appeared via telephone.) Richard Hamer, Robert Maier, Shannon Turner,and Charles Biener appeared on behalf of Defendants. The Court set briefing schedule. See Order. (Court Reporter Angela O'Donnell) (lnl)
April 16, 2014 Opinion or Order Filing 23 CALENDAR NOTICE RESCHEDULING CONFERENCE: Please take notice that the action has been scheduled for a pre-motion conference before the Honorable Kenneth M. Karas, United States District Judge, on Thursday, May 15, 2014 at 2:00p.m. in Courtroom 521, U.S. District Court, 300 Quarropas Street, White Plains, New York 10601. The conference scheduled for Monday, April 21, 2014 is cancelled. Any scheduling difficulties must be brought to the attention of the Court in writing at least five business days beforehand. SO ORDERED. (Pre-Motion Conference set for 5/15/2014 at 02:00 PM in Courtroom 521, 300 Quarropas Street, White Plains, NY 10601 before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 4/16/2014) (mml)
February 10, 2014 Opinion or Order Filing 22 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Melvin C. Garner dated 2/4/2014 re: We are counsel for Plaintiff, ScentSational Technologies, LLC ("ScentSational"), in the above-referenced civil action. Pursuant to Your Honor's Rule II. A, this letter is in response to Defendants' January 30, 2014 request for a pre-motion conference regarding their proposed motion to dismiss the Complaint.ENDORSEMENT: The clerk of the court is respectfully requested to docket this letter. So Ordered. (Signed by Judge Kenneth M. Karas on 2/6/2014) (jty)
February 10, 2014 Opinion or Order Filing 21 ENDORSED LETTER addressed to Judge Kenneth M. Karas from Richard B. Harper, dated 1/30/2014, re: Counsel for the Defendants writes to request a pre-motion conference on a motion to dismiss the Complaint for failure to state a claim or a motion for more definite statement. ENDORSEMENT: The Court will hold a pre-motion conference on April 10, 2014 at 10:30. So Ordered. (Pre-Motion Conference set for 4/10/2014 at 10:30 AM before Judge Kenneth M. Karas) (Signed by Judge Kenneth M. Karas on 2/6/2014) (lnl)
January 30, 2014 Filing 20 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Quaker Oats Capital Corporation, Corporate Parent PepsiCo, Inc. for The Quaker Oats Company. Document filed by The Quaker Oats Company.(Harper, Richard)
January 30, 2014 Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PepsiCo, Inc. for Stokely-Van Camp, Inc.. Document filed by Stokely-Van Camp, Inc..(Harper, Richard)
January 30, 2014 Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PepsiCo, Inc. for Tropicana Products, Inc.. Document filed by Tropicana Products, Inc..(Harper, Richard)
January 30, 2014 Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent PepsiCo, Inc. for Pepsi-Cola Technical Operations, Inc.. Document filed by Pepsi-Cola Technical Operations, Inc..(Harper, Richard)
January 30, 2014 Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pepsico, Inc..(Harper, Richard)
January 30, 2014 Filing 15 NOTICE OF APPEARANCE by Suzanne M. Hengl on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Hengl, Suzanne)
January 30, 2014 Filing 14 NOTICE OF APPEARANCE by Robert Lawrence Maier on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Maier, Robert)
January 30, 2014 Filing 13 NOTICE OF APPEARANCE by Richard Benjamin Harper on behalf of Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc.. (Harper, Richard)
January 30, 2014 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,. Tropicana Products, Inc. served on 12/6/2013, answer due 1/30/2014. Service was accepted by Donna Moch, SOP Supervisor. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
January 30, 2014 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,. Stokely-Van Camp, Inc. served on 12/6/2013, answer due 1/30/2014. Service was accepted by Alexis Meade, Clerk. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
January 30, 2014 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,. The Quaker Oats Company served on 12/6/2013, answer due 1/30/2014. Service was accepted by Alexis Meade, Clerk. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
January 30, 2014 Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint,. Pepsi-Cola Technical Operations, Inc. served on 12/9/2013, answer due 1/30/2014. Service was accepted by Nora Dindyal, Process Specialist. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
January 30, 2014 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,. Pepsico, Inc. served on 12/9/2013, answer due 1/30/2014. Service was accepted by Nora Dindyal, Process Specialist. Document filed by Scentsational Technologies, LLC. (Reuber, Cameron)
January 28, 2014 Opinion or Order Filing 7 ORDER granting #6 Motion for Jerold I. Schneider to Appear Pro Hac Vice. (Signed by Judge Kenneth M. Karas on 1/28/2014) (Karas, Kenneth)
December 31, 2013 Filing 6 MOTION for Jerold I. Schneider to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9216876. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scentsational Technologies, LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit FL-Certificate of Good Standing, #3 Exhibit MI-Certificate of Good Standing, #4 Exhibit VA-Certificate of Good Standing, #5 Exhibit DC-Certificate of Good Standing)(Schneider, Jerold)
December 31, 2013 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Jerold I. Schneider to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9216876. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
December 19, 2013 Opinion or Order Filing 5 STIPULATION FOR EXTENSION OF TIME FOR DEFENDANTS' TO RESPOND TO THE COMPLAINT: it is hereby stipulated and agreed, by and between the undersigned, that the new deadline for all Defendants to respond to the Complaint in the Action is January 30, 2014. SO ORDERED. Pepsi-Cola Technical Operations, Inc. answer due 1/30/2014; Pepsico, Inc. answer due 1/30/2014; Stokely-Van Camp, Inc. answer due 1/30/2014; The Quaker Oats Company answer due 1/30/2014; Tropicana Products, Inc. answer due 1/30/2014. (Signed by Judge Kenneth M. Karas on 12/18/2013) (lnl)
December 11, 2013 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Scentsational Technologies, LLC.(Thomas, Jonathan)
December 10, 2013 Filing 3 NOTICE OF CHANGE OF ADDRESS by Melvin C. Garner on behalf of Scentsational Technologies, LLC. New Address: Leason Ellis LLP, One Barker Avenue, Fifth Floor, White Plains, New York, USA 10601, (914) 288-0022. (Garner, Melvin)
December 5, 2013 Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz)
December 5, 2013 Opinion or Order Filing 2 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (lnl)
December 5, 2013 Case Eligible for Patent Pilot Program. (lnl)
December 5, 2013 Filing 1 COMPLAINT against Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc. (Filing Fee $350.00, Receipt Number 465407007336) Document filed by Scentsational Technologies, LLC. (Attachment: #1 Part 2 of Complaint) (lnl)
December 5, 2013 SUMMONS ISSUED as to Pepsi-Cola Technical Operations, Inc., Pepsico, Inc., Stokely-Van Camp, Inc., The Quaker Oats Company, Tropicana Products, Inc. (lnl)
December 5, 2013 Magistrate Judge Lisa M. Smith is so designated. (lnl)
December 5, 2013 Case Designated ECF. (lnl)

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Defendant: Stokely-Van Camp, Inc.
Represented By: Richard Benjamin Harper
Represented By: Jennifer Cozeolino Tempesta
Represented By: Eric Wan-Jin Lin
Represented By: Suzanne M. Hengl
Represented By: Julie Beth Albert
Represented By: Shannon Elizabeth Turner
Represented By: Robert Lawrence Maier
Represented By: Kristin C Cope
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Defendant: Pepsico, Inc.
Represented By: Richard Benjamin Harper
Represented By: Jennifer Cozeolino Tempesta
Represented By: Eric Wan-Jin Lin
Represented By: Suzanne M. Hengl
Represented By: Julie Beth Albert
Represented By: Shannon Elizabeth Turner
Represented By: Robert Lawrence Maier
Represented By: Kristin C Cope
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Defendant: The Quaker Oats Company
Represented By: Richard Benjamin Harper
Represented By: Jennifer Cozeolino Tempesta
Represented By: Eric Wan-Jin Lin
Represented By: Suzanne M. Hengl
Represented By: Julie Beth Albert
Represented By: Shannon Elizabeth Turner
Represented By: Robert Lawrence Maier
Represented By: Kristin C Cope
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Defendant: Pepsi-Cola Technical Operations, Inc.
Represented By: Richard Benjamin Harper
Represented By: Jennifer Cozeolino Tempesta
Represented By: Eric Wan-Jin Lin
Represented By: Suzanne M. Hengl
Represented By: Julie Beth Albert
Represented By: Shannon Elizabeth Turner
Represented By: Robert Lawrence Maier
Represented By: Kristin C Cope
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Defendant: Tropicana Products, Inc.
Represented By: Richard Benjamin Harper
Represented By: Jennifer Cozeolino Tempesta
Represented By: Eric Wan-Jin Lin
Represented By: Suzanne M. Hengl
Represented By: Julie Beth Albert
Represented By: Shannon Elizabeth Turner
Represented By: Robert Lawrence Maier
Represented By: Kristin C Cope
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Plaintiff: Scentsational Technologies, LLC
Represented By: Jonathan Webster Thomas
Represented By: Jerold Ira Schneider
Represented By: Joel Benjamin Rothman
Represented By: Melvin C. Garner
Represented By: Peter Samuel Sloane
Represented By: Cameron Sean Reuber
Represented By: Lori Leigh Cooper
Represented By: Lauren Brette Sabol
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