Federal Treasury Enterprise Sojuzplodoimport et al v. Spirits International B.V. et al
| Federal Treasury Enterprise Sojuzplodoimport and OAO "Moscow Distillery Cristall" |
| Spirits International B.V., SPI Spirits Limited, SPI Group SA, Yuri Shefler, Alexey Oliynik, Allied Domecq International Holdings B.V., Allied Domecq Spirits & Wines USA, Inc., William Grant & Sons USA, William Grant & Sons, Inc. and Stoli Group (USA) LLP |
| 1:2014cv00712 |
| February 4, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Shira A. Scheindlin |
| Trademark |
| 15 U.S.C. ยง 1114 Trademark Infringement (Lanham Act) |
| Both |
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Filing
419
SCHEDULING ORDER granting 418 Letter Motion for Discovery. 1. FACTUAL DISCOVERY 1: a. All document production is complete subject to the parties' continuing obligation to produce documents and also subject to deficiencies in the productio ns that are identified by any party. b. With respect to the parties ' objections to the Discovery Master's orders of November 9, 2017, August 22, 2019, and February 21, 2020 (Discovery Orders), for the purposes of this Scheduling Order, each such Discovery Order shall be deemed to be final for purposes of this Scheduling Order, except to the extent that any Order is reversed or modified hereafter. For the avoidance of doubt, nothing herein shall constitute a waiver by the parties of their objections to any Discovery Order. c. Notices for the deposition of fact witnesses were served on April 10, 2020. By order dated September 8, 2020, the Discovery Master granted Plaintiffs' motion to take remote depositions pursuant t o Rule 30(b)(4) of the Federal Rules of Civil Procedure. d. All discovery of factual matters, including factual matters related to damages, shall be completed by October 1, 2021. 2. EXPERT DISCOVERY a. Opening expert reports shall be served by Nov ember 12, 2021. b. Responsive expert reports shall be completed by January 10, 2022. c. Depositions of experts shall be completed by February 21, 2022. d. Discovery closes February 21, 2022. e. Damages expert discovery is bifurcated and will be scheduled, if appropriate, after summary judgment motions. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/26/2021) (rj)
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Filing
410
APPOINTMENT OF COMMISSIONERS UNDER THE HAGUE CONVENTION AND REQUEST FOR JUDICIAL ASSISTANCE - PERMISSION TO TAKE EVIDENCE BY A COMMISSIONER UNDER ARTICLE 17 HAGUE EVIDENCE CONVENTION 1970 TO THE CANTONAL COURT OF VAUD, COURT ADMINISTRATION, INT ERNATIONAL JUDICIAL ASSISTANCE, FOR THE REQUEST FOR JUDICIAL ASSISTANCE IN CIVIL MATTERS WITH COPY TO THE FEDERAL OFFICE OF JUSTICE (FOJ), CENTRAL AUTHORITY FOR THE REQUEST FOR JUDICIAL ASSISTANCE IN CIVIL AND COMMERCIAL MATTERS. The United States Di strict Court for the Southern District of New York, located at the Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007, presents its compliments to the Federal Office of Justice and has the honor of requesting its as sistance obtaining evidence to be used in a civil proceeding now pending before this Court in the above-captioned matter, specifically by permitting commissioners appointed by this Court to take evidence under Article 17 of the Hague Convention of 18 March, 1970 on the Taking of Evidence Abroad in Civil or Commercial Matters ("Hague Convention"), and as further specified and set forth in this Order. Granting 407 Motion for Discovery. (Signed by Judge Sidney H. Stein on 1/8/2021) (rjm). Transmission to Orders and Judgments Clerk for processing.
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Filing
355
OPINION & ORDER re: 301 MOTION to Dismiss Count I as Asserted for Lack of Subject Matter Jurisdiction. filed by William Grant & Sons, Inc., William Grant & Sons USA. Defendants William Grant & Sons USA and William Grant & Sons, In c. (collectively, "WGS") move under Federal Rule of Civil Procedure 12(b)(l) to dismiss Count I against them, for lack of subject-matter jurisdiction. (As further set forth in this Order.) For the reasons set forth above, WGS's motion to dismiss Count I as asserted against it is denied. (Signed by Judge Sidney H. Stein on 7/29/2020) (cf)
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Filing
319
ORDER. IT IS HEREBY ORDERED that defendant William Grant & Sons' motion to seal exhibits [Doc. No. 317] is granted. So ordered. Granting 317 LETTER MOTION to Seal exhibits attached to the Declaration of Anna Baitchenko filed in support of William Grants Reply Memorandum addressed to Judge Sidney H. Stein from Erik C. Kane dated April 1, 2020. Document filed by William Grant & Sons USA, William Grant & Sons, Inc. (Signed by Judge Sidney H. Stein on 4/2/2020) (rjm)
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Filing
314
THIRD AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... SO ORDERED. (Signed by Judge Sidney H. Stein on 3/20/2020) (kv)
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Filing
91
OPINION AND ORDER: I conclude this discussion section as I started it. This case presents the difficult challenge of interpreting a new foreign law that has not yet been addressed by the courts in that country. In the short run, the parties to this a ction could benefit from a de novo appellate review of this decision I have little doubt that FTE will seek such review. But in the long run, a better system should exist to address the problem of U.S. courts interpreting issues of first impression under foreign law. For the foregoing reasons, this case is dismissed for lack of subject matter jurisdiction. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 11/24/2014) (ama)
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Filing
52
MEMORANDUM OPINION AND ORDER #104687 re: 45 MOTION for Reconsideration, filed by OAO "Moscow Distillery Cristall", Federal Treasury Enterprise Sojuzplodoimport, 43 JOINT MOTION for Reconsideration re; 42 Memora ndum & Opinion, filed by Yuri Shefler, Allied Domecq International Holdings B.V., Spirits International B.V., William Grant & Sons USA, Stoli Group (USA) LLP, SPI Group SA, Allied Domecq Spirits & Wines USA, Inc., William Gra nt & Sons, Inc., Alexey Oliynik, SPI Spirits Limited. In an Opinion and Order on August 25, 2014 ("August 25 Order"), I granted in part and denied in part Defendants' joint motion to dismiss. Both FTE and Defendants now move for p artial reconsideration of the August 25 Order. In the alternative, Defendants request that the Court certify the res judicata issue for interlocutory appeal. For the following reasons, both motions are DENIED. A conference is scheduled for September 5, 2014 at 11:00 a.m. (Status Conference set for 9/5/2014 at 11:00 AM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 9/4/2014) (ja) Modified on 9/5/2014 (ca).
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Filing
42
OPINION AND ORDER re: 22 JOINT MOTION to Dismiss Claims Against Defendants. filed by Stoli Group (USA) LLP, Allied Domecq Spirits & Wines USA, Inc., SPI Group SA, William Grant & Sons, Inc., Allied Domecq International Holdin gs B.V., SPI Spirits Limited, Spirits International B.V., William Grant & Sons USA. For the reasons set forth above, Defendants' motion is GRANTED as to Claims 2, 3, 4, 5, 6, 8, and 9, which are dismissed with prejudice. Defendants' motion is DENIED as FTE's Section 32(1) claims - Claims 1, 7, 10, and 11. The Clerk of the Court is ordered to close this motion [Docket No. 22]. A conference is scheduled for September 3, 2014 at 4:30 p.m., ( Status Conference set for 9/3/2014 at 04:30 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 8/25/2014) (lmb)
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