Duracell U.S. Operations, Inc. v. Energizer Brands, LLC
| Duracell U.S. Operations, Inc. |
| Energizer Brands, LLC |
| 1:2020cv07318 |
| September 8, 2020 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Other Statutory Actions |
| 15 U.S.C. § 1125 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 34 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Bryan J. Wolin dated November 5, 2020 re: #30 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Andrew Gordon dated November 3, 2020. . Document filed by Energizer Brands, LLC..(Wolin, Bryan) |
| Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Energizer Brands, LLC..(Henn, Richard) |
Filing 32
ORDER granting #29 Letter Motion for Conference: THE REQUEST FOR A CONFERENCE IS GRANTED. COUNSEL FOR THE PARTIES ARE DIRECTED TO APPEAR BY TELEPHONE AT 4:00 P.M. ON NOVEMBER 9, 2020, FOR A CONFERENCE REGARDING DISCOVERY IN RELATION TO DURACELLS MOTION FOR PRELIMINARY INJUNCTION. COUNSEL AND ANY INTERESTED PARTIES ARE DIRECTED TO DIAL (888) 557-8511 AT THE SCHEDULED TIME. THE ACCESS CODE IS 9300838. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.)
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| Filing 31 LETTER RESPONSE to Motion addressed to Judge J. Paul Oetken from Andrew Gordon dated November 4, 2020 re: #29 LETTER MOTION for Conference (request for a case status conference) addressed to Judge J. Paul Oetken from William H. Brewster dated November 2, 2020. . Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Craig Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22419237. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 30 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge J. Paul Oetken from Andrew Gordon dated November 3, 2020. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 29 LETTER MOTION for Conference (request for a case status conference) addressed to Judge J. Paul Oetken from William H. Brewster dated November 2, 2020. Document filed by Energizer Brands, LLC..(Brewster, William) |
| Filing 28 MOTION for Craig Benson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22419237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Declaration of Craig Benson, #2 COGS-NY, #3 COGS-MD, #4 COGS-DC, #5 Text of Proposed Order).(Benson, Craig) |
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Filing 27
ORDER granting #22 Motion to Appear Pro Hac Vice. GRANED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
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Filing 26
STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION: Pursuant to Federal Rule of Civil Procedure 26, after conferring on these matters, Plaintiff Duracell U.S. Operations, Inc. ("Duracell") and Defendant Energizer Brands, LLC ("Energizer") HEREBY STIPULATE AND AGREE, by and through their undersigned counsel, that the following Order Regarding Discovery of Electronically Stored Information ("ESI Order") shall govern the production of Documents (as defined below) produced by the Parties (as defined below) during discovery in the above-captioned action ("Action") as of the execution date of this ESI Order. And as set forth herein. (Signed by Judge J. Paul Oetken on 10/22/2020) (ama)
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Filing 25
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Judge J. Paul Oetken on 10/22/2020) (jca)
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| Filing 24 PROPOSED STIPULATION AND ORDER. Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Exhibit A - Document Production Format).(Gordon, Andrew) |
| Filing 23 PROPOSED PROTECTIVE ORDER. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 22 MOTION for Erica C. Chanin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22007943. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Energizer Brands, LLC. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Chanin, Erica) |
| Filing 21 NOTICE OF APPEARANCE by Aaron Sean Delaney on behalf of Duracell U.S. Operations, Inc...(Delaney, Aaron) |
| Filing 20 NOTICE OF APPEARANCE by Darren Wright Johnson on behalf of Duracell U.S. Operations, Inc...(Johnson, Darren) |
| Filing 19 NOTICE OF APPEARANCE by Richard Charles Henn, Jr on behalf of Energizer Brands, LLC..(Henn, Richard) |
| Filing 18 NOTICE OF APPEARANCE by Bryan Jacob Wolin on behalf of Energizer Brands, LLC..(Wolin, Bryan) |
| Filing 17 ANSWER to #1 Complaint. Document filed by Energizer Brands, LLC..(Brewster, William) |
| Filing 16 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Energizer Investment Company, Other Affiliate Energizer Holdings, Inc. for Energizer Brands, LLC. Document filed by Energizer Brands, LLC..(Brewster, William) |
| Filing 15 NOTICE OF APPEARANCE by William H. Brewster on behalf of Energizer Brands, LLC..(Brewster, William) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Erica C. Chanin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22007943. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
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Filing 14
STIPULATION AND ORDER FOR BRIEFING AND DISCOVERY SCHEDULE TO MOTION FOR PRELIMINARY INJUNCTION: It is stipulated and agreed by the parties through the undersigned counsel, and subject to the approval of the Court, that the briefing and discovery schedule in connection with the Motion for Preliminary Injunction filed by Plaintiff on September 15, 2020 [ECF 7] in Duracell U.S. Operations, Inc. v. Energizer Brands, LLC, 1:20-cv-07318-JPO (S.D.N.Y.) (the "Motion"), shall be as follows: Completion of Fact Depositions November 11, 2020; Depositions of Expert Witnesses November 9, 2020 November 20, 2020; Filing of Energizer Opposition to Duracell Motion November 20, 2020; Filing of Duracell Reply in Support of Its Motion December 7, 2020. The parties further stipulate and agree that, for purposes of discovery relating to the Motion, each party shall be entitled to one deposition pursuant to Rule 30(b) (6) of the Federal Rules of Civil Procedure, additional depositions of two fact witnesses, and a deposition for every expert witness. The parties further stipulate and agree that, for purposes of discovery relating to the Motion, each party shall be entitled to serve ten requests for production of documents and five interrogatories, and that the five interrogatories may seek information outside of the specific categories listed in Local Rule 33.3 of the Southern District of New York, in order to allow the parties to streamline and focus depositions in connection with the Motion. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/24/2020) ( Deposition due by 11/20/2020., Responses due by 11/20/2020, Replies due by 12/7/2020.) (ks)
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| Filing 13 PROPOSED STIPULATION AND ORDER. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint served. Energizer Brands, LLC served on 9/15/2020, answer due 10/6/2020. Service was made by electronic mail. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 11 DECLARATION of Dr. Yoram Wind in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Duracell U.S. Operations, Inc.. (Attachments: #1 Exhibit 1 - Expert Report, #2 Appendix A and B, #3 Appendix C (Part 1), #4 Appendix C (Part 2), #5 Appendix C (Part 3), #6 Appendix D, E and F, #7 Appendix G, H and I).(Gordon, Andrew) |
| Filing 10 DECLARATION of Tatiana Vivienne Jouanneau in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 9 DECLARATION of Raymond Iveson in Support re: #7 MOTION for Preliminary Injunction .. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 8 MEMORANDUM OF LAW in Support re: #7 MOTION for Preliminary Injunction . . Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 7 MOTION for Preliminary Injunction . Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| CASE ACCEPTED AS RELATED. Create association to 1:19-cv-09061-JPO. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge J. Paul Oetken. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Energizer Brands, LLC. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Andrew Garry Gordon. The following case opening statistical information was erroneously selected/entered: Cause of Action code (none). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1125(a). (sj) |
| Case Designated ECF. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| CASE REFERRED TO Judge J. Paul Oetken as possibly related to 1:19cv9061. (sj) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Berkshire Hathaway, Inc., Corporate Parent The Duracell Company for Duracell U.S. Operations, Inc.. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-09061(JPO). Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Energizer Brands, LLC, re: #1 Complaint. Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
| Filing 2 CIVIL COVER SHEET filed..(Gordon, Andrew) |
| Filing 1 COMPLAINT against Energizer Brands, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21550286)Document filed by Duracell U.S. Operations, Inc...(Gordon, Andrew) |
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