Kraft Foods Global, Inc. v. Starbucks Corporation
| Kraft Foods Global, Inc. |
| Starbucks Corporation |
| 7:2010cv09085 |
| December 6, 2010 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Cathy Seibel |
| Other Contract |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Transmission of USCA Mandate to the District Judge re: 50 USCA Mandate. (fk) |
| Filing 50 MANDATE of USCA (Certified Copy) as to 48 Notice of Interlocutory Appeal filed by Kraft Foods Global, Inc. USCA Case Number 11-389. Ordered, Adjudged and Decreed that the order of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 3/28/2011. (fk) |
| Filing 49 JUDGMENT - It is, ORDERED, ADJUDGED AND DECREED: that for the reasons stated on the record, in open court on January 28, 2010, plaintiffs application for a preliminary injunction is denied, therefore Judgment is entered in favor of defendant Starbucks Corporation, and the case is hereby closed. (Signed by Clerk of Court Ruby Krajick on 02/07/2011) (dcr) |
| Appeal Record Sent to USCA (Electronic File). Interlocutory Appeal: Certified Indexed record on Appeal Electronic Files for 15 MOTION for Preliminary Injunction. filed by Kraft Foods Global, Inc., 24 Memorandum of Law in Support of Motion filed by Kraft Foods Global, Inc., 38 Memorandum of Law in Opposition to Motion filed by Starbucks Corporation, 33 Declaration in Opposition to Motion filed by Starbucks Corporation, 11 Notice of Appearance filed by Starbucks Corporation, 9 Endorsed Letter, 23 Memorandum of Law in Support of Motion filed by Kraft Foods Global, Inc., 7 Order on Motion to Appear Pro Hac Vice, 26 Answer to Complaint filed by Starbucks Corporation, 44 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 47 Order on Motion for Preliminary Injunction, 13 Order on Motion to Appear Pro Hac Vice, 4 Affidavit of Service Complaints filed by Kraft Foods Global, Inc., 45 Declaration in Support of Motion, filed by Kraft Foods Global, Inc., 20 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 16 Affidavit in Support of Motion,, filed by Kraft Foods Global, Inc., 35 Reply Memorandum of Law in Support of Motion filed by Kraft Foods Global, Inc., 3 Affidavit of Service Complaints filed by Kraft Foods Global, Inc., 6 Notice (Other) filed by Kraft Foods Global, Inc., 2 Rule 7.1 Corporate Disclosure Statement filed by Kraft Foods Global, Inc., 19 Declaration in Support of Motion, filed by Kraft Foods Global, Inc., 8 Notice of Appearance filed by Kraft Foods Global, Inc., 1 Complaint filed by Kraft Foods Global, Inc., 42 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 37 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 28 MOTION for Aaron Martin Panner to Appear Pro Hac Vice. filed by Starbucks Corporation, 32 Declaration in Opposition to Motion filed by Starbucks Corporation, 29 Order on Motion to Appear Pro Hac Vice, 21 Declaration in Support of Motion,, filed by Kraft Foods Global, Inc., 10 MOTION for William P. Quinn and Kathleen M. Waters to Appear Pro Hac Vice. filed by Kraft Foods Global, Inc., 34 Declaration in Opposition to Motion filed by Starbucks Corporation, 30 Order on Motion to Appear Pro Hac Vice, 48 Notice of Interlocutory Appeal filed by Kraft Foods Global, Inc., 41 Reply Memorandum of Law in Support of Motion filed by Kraft Foods Global, Inc., 18 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 46 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 12 Notice of Appearance filed by Starbucks Corporation, 14 Notice of Appearance filed by Starbucks Corporation, 36 Declaration in Support of Motion filed by Kraft Foods Global, Inc., Remark, 25 Rule 7.1 Corporate Disclosure Statement filed by Starbucks Corporation, 40 Declaration in Opposition to Motion filed by Starbucks Corporation, 22 Declaration in Support of Motion,, filed by Kraft Foods Global, Inc., 31 Memorandum of Law in Opposition to Motion filed by Starbucks Corporation, 43 Declaration in Support of Motion filed by Kraft Foods Global, Inc., 39 Declaration in Opposition to Motion filed by Starbucks Corporation, 27 MOTION for WAN JOO KIM to Appear Pro Hac Vice. filed by Starbucks Corporation, 17 Affidavit in Support of Motion filed by Kraft Foods Global, Inc., 5 MOTION for William P. Quinn, Jr. to Appear Pro Hac Vice. filed by Kraft Foods Global, Inc. were transmitted to the U.S. Court of Appeals. (cda) |
Filing 47
ORDER denying 15 Motion for Preliminary Injunction For the reasons stated on the record in open court on January 28,2010, Plaintiffs application for a preliminary injunction is denied. The Clerk of the Court is respectfully directed to terminate the pending motion, (Doc. 15), enter judgment for Defendant, and close the case. (Signed by Judge Cathy Seibel on 01/31/2011) (jma)
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| Filing 48 NOTICE OF INTERLOCUTORY APPEAL from 47 Order on Motion for Preliminary Injunction,. Document filed by Kraft Foods Global, Inc.. Filing fee $ 455.00, receipt number 927936. (mml) |
| Transmission of Notice of Appeal to the District Judge re: 48 Notice of Interlocutory Appeal. (mml) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 48 Notice of Interlocutory Appeal. (mml) |
| Set/Reset Hearings: Conference set for 3/18/2011 at 09:30 AM before Judge Cathy Seibel. (rj) |
| Filing 46 DECLARATION of Lori Acker in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit 1 - 7, # 2 Exhibit 8 - 14, # 3 Exhibit 15 - 21, # 4 Exhibit 22 - 28)(Waters, Kathleen) |
| Filing 45 DECLARATION of Lori Acker in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibits 1-7, # 2 Exhibit Exhibits 8-14, # 3 Exhibit Exhibits 15-21, # 4 Exhibit Exhibits 22-28)(Waters, Kathleen) |
| Filing 44 DECLARATION of Mike Prchlik in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Waters, Kathleen) |
| Filing 43 DECLARATION of Paul Nojaim in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1)(Waters, Kathleen) |
| Filing 42 DECLARATION of Stephen J. Hoch, Ph.D in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Waters, Kathleen) |
| Filing 41 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Waters, Kathleen) |
| Filing 40 DECLARATION of Michele Waits in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 39 DECLARATION of Larry Cronin in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 38 SECOND MEMORANDUM OF LAW in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 37 DECLARATION of Stephen J. Hoch in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Waters, Kathleen) |
| Filing 36 DECLARATION of Helene Bates in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Waters, Kathleen) |
| Filing 35 REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Waters, Kathleen) |
| Filing 34 DECLARATION of Aaron M. Panner in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 33 DECLARATION of Robert C. Blattberg in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 32 DECLARATION of Jeff J. Hansberry in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
| Filing 31 MEMORANDUM OF LAW in Opposition re: 15 MOTION for Preliminary Injunction.. Document filed by Starbucks Corporation. (Hall, Joseph) |
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Filing 30
ORDER granting 28 Motion for Aaron M. Panner to Appear Pro Hac Vice SO ORDERED. (Signed by Judge Cathy Seibel on 12/29/2010) (rj)
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Filing 29
ORDER granting 27 Motion for WAN JOO KIM to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Cathy Seibel on 12/29/2010) (mml)
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| Filing 28 MOTION for Aaron Martin Panner to Appear Pro Hac Vice, #919692, $25.00. Document filed by Starbucks Corporation.(jma) |
| Filing 26 ANSWER to Complaint. Document filed by Starbucks Corporation.(Hall, Joseph) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Starbucks Corporation.(Hall, Joseph) |
| Filing 24 AMENDED MEMORANDUM OF LAW in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Kraut, Michael) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 12/23/2010. Defendant to submit briefing on irreparable harm on January 6, 2011; Plaintiffs Reply due January 13, 2011. Defendants brief on the merits due January 14, 2011; Plaintiffs Reply due January 21, 2011. If a preliminary injunction hearing is to be held, it is scheduled for January 27, 2011 at 9:30, continuing on February 1 and 2 at 9:30 if needed. Merits briefs not to exceed 38 pages. See transcript. (Court Reporter Angela ODonnell) (fk) |
| Filing 27 MOTION for WAN JOO KIM to Appear Pro Hac Vice. Fee Paid: $25.00, Receipt No. E919691. Document filed by Starbucks Corporation.(mml) |
| Filing 23 MEMORANDUM OF LAW in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Kraut, Michael) |
| Filing 22 DECLARATION of William P. Quinn in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23)(Kraut, Michael) |
| Filing 21 DECLARATION of Lori Acker in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10(a), # 11 Exhibit 10(b), # 12 Exhibit 10(c), # 13 Exhibit 10(d), # 14 Exhibit 10(e), # 15 Exhibit 11, # 16 Exhibit 12, # 17 Exhibit 13, # 18 Exhibit 14, # 19 Exhibit 15, # 20 Exhibit 16, # 21 Exhibit 17, # 22 Exhibit 18, # 23 Exhibit 19, # 24 Exhibit 20, # 25 Exhibit 21, # 26 Exhibit 22, # 27 Exhibit 23, # 28 Exhibit 24)(Kraut, Michael) |
| Filing 20 DECLARATION of Michael D. Waks in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit 1)(Kraut, Michael) |
| Filing 19 DECLARATION of David C. Hyland in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Kraut, Michael) |
| Filing 18 DECLARATION of John Brill in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Kraut, Michael) |
| Filing 17 AFFIDAVIT of Stephen J. Schwarz in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Kraut, Michael) |
| Filing 16 AFFIDAVIT of Mike Prchlik in Support re: 15 MOTION for Preliminary Injunction.. Document filed by Kraft Foods Global, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8(a), # 9 Exhibit Exhibit 8(b), # 10 Exhibit Exhibit 8(c), # 11 Exhibit Exhibit 8(d), # 12 Exhibit Exhibit 8(e), # 13 Exhibit Exhibit 8(f), # 14 Exhibit Exhibit 8(g), # 15 Exhibit Exhibit 8(h), # 16 Exhibit Exhibit 8(i), # 17 Exhibit Exhibit 8(j), # 18 Exhibit Exhibit 8(k), # 19 Exhibit Exhibit 9)(Kraut, Michael) |
| Filing 15 MOTION for Preliminary Injunction. Document filed by Kraft Foods Global, Inc..(Kraut, Michael) |
| Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 12/23/2010. Defendant to submit briefing on irreparable harm on January 6, 2011; Plaintiffs Reply due January 13, 2011. Defendants brief on the merits due January 14, 2001; Plaintiffs Reply due January 21, 2011. If a preliminary injunction hearing is to be held, it is scheduled for January 27, 2011 at 9:30, continuing on February 1 and 2 at 9:30. Merits briefs not to exceed 38 pages. See transcript. (Court Reporter Angela O'Donnell) (fk) |
| Filing 14 NOTICE OF APPEARANCE by Maria A. Barton on behalf of Starbucks Corporation (Barton, Maria) |
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Filing 13
ORDER granting 10 Motion for William P. Quinn, Jr. and Kathleen M. Waters to Appear Pro Hac Vice. (Signed by Judge Cathy Seibel on 12/20/2010) (jma) Modified on 12/22/2010 (jma).
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| Filing 12 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Starbucks Corporation (Hall, Joseph) |
| Filing 11 NOTICE OF APPEARANCE by Paul Anthony Serritella on behalf of Starbucks Corporation (Serritella, Paul) |
| Filing 10 MOTION for William P. Quinn and Kathleen M. Waters to Appear Pro Hac Vice. Document filed by Kraft Foods Global, Inc. $50.00 fee paid. Receipt # 919669.(fk) |
| Filing 9 ENDORSED LETTER addressed to Judge Cathy Seibel from Michael Kraut dated 12/17/10 re: Request for a pre-motion conference. ENDORSEMENT: Plaintiff's counsel is to notify Defendant's counsel of the following. Pre-motion conference to be held on 12/23/10 at 10:00 am. Opposing counsel to state position (by letter not to exceed 3 pages) in writing by 12/22/10 at 10:00 am. So Ordered. (Signed by Judge Cathy Seibel on 12/17/10) (fk) |
| Filing 8 NOTICE OF APPEARANCE by Bernard J. Garbutt, III on behalf of Kraft Foods Global, Inc. (Garbutt, Bernard) |
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Filing 7
ORDER denying 5 Motion for William P. Quinn to Appear Pro Hac Vice ENDORSEMENT:Having been advised by counsel that the motion is withdrawn, it is hereby DENIED AS MOOT. SO ORDERED. (Signed by Judge Cathy Seibel on 12/15/2010) (rj)
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| Copy of Denied Pro Hac Motion set to attorney William P Quinn, Jr. Attorney removed from docket. (rj) |
| Filing 6 NOTICE of Withdrawal of Motion re: 5 MOTION for William P. Quinn, Jr. to Appear Pro Hac Vice.. Document filed by Kraft Foods Global, Inc.. (Kraut, Michael) |
| Filing 5 MOTION for William P. Quinn, Jr. to Appear Pro Hac Vice. Document filed by Kraft Foods Global, Inc.. $25.00 fee paid, #919627(jma) |
| Filing 4 AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Theresa Au, Receptionist. Document filed by Kraft Foods Global, Inc.. (Kraut, Michael) |
| Filing 3 AFFIDAVIT OF SERVICE of Summons and Complaint. Starbucks Corporation served on 12/6/2010, answer due 12/27/2010. Service was accepted by Steve Pastore, Clerk. Document filed by Kraft Foods Global, Inc.. (Kraut, Michael) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Kraft Foods, Inc., KFT as Corporate Parent. Document filed by Kraft Foods Global, Inc..(rj) |
| Filing 1 COMPLAINT against Starbucks Corporation. (Filing Fee $ 350.00, Receipt Number 919575)Document filed by Kraft Foods Global, Inc..(rj) |
| SUMMONS ISSUED as to Starbucks Corporation. (rj) |
| Magistrate Judge George A. Yanthis is so designated. (rj) |
| Case Designated ECF. (rj) |
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| Plaintiff: Kraft Foods Global, Inc. | |
| Represented By: | Michael Stephan Kraut |
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| Defendant: Starbucks Corporation | |
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