Variety Stores, Inc. v. Wal-Mart Stores, Inc.
Plaintiff: Variety Stores, Inc.
Defendant: Wal-Mart Stores, Inc.
Case Number: 5:2014cv00217
Filed: April 11, 2014
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: VANCE
Presiding Judge: Terrence W Boyle
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2018 Filing 501 RESPONSE in Opposition regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Variety Stores, Inc.. (Adams, W.)
November 21, 2018 Filing 500 Declaration regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b), #499 Memorandum in Support by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Trial Transcript for 10-22-18, #2 Exhibit 2 - Trial Transcript for 10-24-18, #3 Exhibit 3 - Trial Transcript for 10-23-18, #4 Exhibit 4 - Backyard UPCs, #5 Exhibit 5 - Backyard Net Sales, #6 Exhibit 6 - Backyard Net Unit) (Puzella, Mark)
November 21, 2018 Filing 499 Memorandum in Support regarding #498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 21, 2018 Filing 498 MOTION for Certificate of Appealability Pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 21, 2018 Filing 497 Declaration regarding #496 Memorandum in Support, #495 MOTION for New Trial by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Trial Transcript for 10-24-18, #2 Exhibit 2 - Trial Transcript for 10-23-18, #3 Exhibit 3 - Photograph of Walmart Product, #4 Exhibit 4 - Photograph of Walmart Product, #5 Exhibit 5 - Photograph of Walmart Product, #6 Exhibit 6 - Photograph of Walmart Product, #7 Exhibit 7 - Trial Transcript for 10-22-18, #8 Exhibit 8 - Backyard Net Sales, #9 Exhibit 9 - Backyard Net Unit, #10 Exhibit 10 - Evidence of Third Party Use, #11 Exhibit 11 - Evidence of Third Party Use, #12 Exhibit 12 - Compilation of Third Party Uses, #13 Exhibit 13 - Variety Responses to First Set of RFAs, #14 Exhibit 14 - Backyard Logos) (Puzella, Mark)
November 21, 2018 Filing 496 Memorandum in Support regarding #495 MOTION for New Trial filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 21, 2018 Filing 495 MOTION for New Trial filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 21, 2018 Filing 494 Declaration regarding #492 MOTION for Judgment as a Matter of Law (Renewed), #493 Memorandum in Support by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1- Trial Transcript for 10-24-18, #2 Exhibit 2- Trial Transcript for 10-22-18, #3 Exhibit 3- Trial Transcript for 10-23-18, #4 Exhibit 4 - Variety Responses to First Set of RFAs, #5 Exhibit 5 - Evidence of Third Party Use, #6 Exhibit 6 - Evidence of Third Party Use, #7 Exhibit 7 - Compilation of Third Party Uses, #8 Exhibit 8 - Southern States Memo, #9 Exhibit 9 - Photograph of Walmart Product, #10 Exhibit 10 - Photograph of Walmart Product, #11 Exhibit 11 - Photograph of Walmart Product, #12 Exhibit 12 - Photograph of Walmart Product, #13 Exhibit 13 - Backyard Logos) (Puzella, Mark)
November 21, 2018 Filing 493 Memorandum in Support regarding #492 MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 21, 2018 Filing 492 MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 20, 2018 Motion Submitted to Chief Judge Terrence W. Boyle regarding #484 MOTION for Jury Trial on Profits and Damages. (Stouch, L.)
November 15, 2018 Filing 491 OFFICIAL TRANSCRIPT of Jury Trial/Day 3 of 3 held on Wednesday, October 24, 2018, before Judge Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.)
November 15, 2018 Filing 490 OFFICIAL TRANSCRIPT of Jury Trial/Day 2 of 3 held on Tuesday, October 23, 2018, before Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.)
November 15, 2018 Filing 489 OFFICIAL TRANSCRIPT of Jury Trial/Day 1 of 3 held on Monday, October 22, 2018, before Chief United States District Judge Terrence W. Boyle. Court Reporter Michelle McGirr. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 12/9/2018. Redacted Transcript Deadline set for 12/19/2018. Release of Transcript Restriction set for 2/16/2019. (McGirr, M.)
November 15, 2018 Filing 488 REPLY to Response to Motion regarding #484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Adams, W.)
November 15, 2018 NOTICE of Filing of Official Transcript #490 Transcript #491 Transcript #489 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (McGirr, M.)
November 8, 2018 Filing 487 Declaration regarding #486 Response in Opposition to Motion for a Jury Trial on Profits and Damages Issues Resulting from Bifurcated Liability Phase Tried on October 22 24, 2018 by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Excerpts of the Rough Draft Trial Transcript for October 22, 2018, #2 Exhibit 2 - EEOC v. Baltimore (DE206) - Order Granting Motion to Permit Interlocutory Appeal, #3 Exhibit 3 - Baltimore v. EEOC (DE 9) - Order Granting Petition for Permission to Appeal) (Puzella, Mark)
November 8, 2018 Filing 486 RESPONSE in Opposition regarding #484 MOTION for Jury Trial on Profits and Damages filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
November 2, 2018 Filing 485 Memorandum in Support regarding #484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1 - Rough Draft of 10-24-2018 Trial Transcript) (Adams, W.)
November 2, 2018 Filing 484 MOTION for Jury Trial on Profits and Damages filed by Variety Stores, Inc.. (Adams, W.)
October 24, 2018 Filing 483 Jury Seating Arrangement - Sealed Document (Stouch, L.)
October 24, 2018 Filing 482 Exhibit List - Jury Trial. (Stouch, L.)
October 24, 2018 Filing 481 JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED plaintiff Variety proved by a preponderance of the evidence that defendant Walmarts use of the BACKYARD GRILL + design mark was likely to cause confusion in connection with plaintiff Varietys THE BACKYARD, BACKYARD, and BACKYARD BBQ marks and was therefore infringing. IT IS FURTHER ORDERED, ADJUDGED AND DECREED defendant Walmarts infringement was willful. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 10/24/2018. (Stouch, L.)
October 24, 2018 Filing 480 Unredacted Document - #479 Jury Verdict (Stouch, L.)
October 24, 2018 Filing 479 JURY VERDICT. (Stouch, L.)
October 24, 2018 Filing 478 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Jury Trial DAY 3 completed on 10/24/2018. All jurors reported for service. Plaintiff's and defendant's counsel ready to proceed. Plaintiff continues with rebuttal case - calls witnesses and puts on evidence. Plaintiff rests. ORAL MOTION for judgment as a matter of law by defendant. ORAL ORDER denying motions for judgment as a matter of law. Charge conference held. Closing arguments presented by both parties. Charge to the jury by the Court. Jurors retire to deliberate. Verdict rendered finding for the plaintiff. (Court Reporter Michelle McGirr) (Stouch, L.)
October 24, 2018 ORAL MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc. (Stouch, L.)
October 24, 2018 Opinion or Order TEXT ORDER denying as moot #389 Motion for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference; granting #397 Motion to Seal Document; denying #400 Motion in Limine; denying #401 Motion in Limine; denying #403 Motion in Limine; denying #404 Motion in Limine; denying #405 Motion in Limine; denying #406 Motion in Limine; denying #407 PROPOSED Sealed Motion; granting #411 Motion to Seal; denying #413 PROPOSED Sealed Motion; granting #420 Motion to Seal; denying #422 PROPOSED Sealed Motion; granting #423 Motion to Seal; granting #445 Motion to Seal Document; granting #450 Motion to Seal Document; granting #453 Motion to Seal Document; granting #456 Motion to Seal Document; granting #463 Motion to Seal Document. Entered by Chief Judge Terrence W. Boyle on 10/24/2018. (Stouch, L.)
October 24, 2018 ORAL ORDER denying Renewed Motions for Judgment as a Matter of Law. Entered by Chief US District Judge Terrence W. Boyle on 10/24/2018. (Stouch, L.)
October 23, 2018 Filing 477 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Jury Trial DAY 2 held on 10/23/2018. All jurors reported for service. Plaintiff's and defendant's counsel ready to proceed. ORAL Rule 50 Motion by defendant. ORAL ORDER denying defendant's motion. ORAL Motion to Strike or in the Alternative for a Supplemental Jury Instruction by defendant. ORAL Motion to exclude witness David Ortiz by plaintiff. These motions will be taken under advisement. Defendant puts on evidence and calls witnesses. ORAL Motion requesting the Court disclose the identity of a third party by plaintiff. ORAL ORDER denying the motion. Defendant rests. Renewed ORAL Rule 50 Motion by defendant. The Court will take the motion under advisement. Plaintiff's rebuttal case - plaintiff calls witnesses. The Court takes the evening recess at 5:15 pm. Court will resume Wednesday October 23, 2018 at 9:30 am. (Court Reporter Michelle McGirr) (Stouch, L.)
October 23, 2018 Filing 475 ORAL MOTION to Strike or in the Alternative for a Supplemental Jury Instruction filed by Wal-Mart Stores, Inc. (Puzella, Mark) Modified on 10/23/2018 to correct docket entry text. (Stouch, L.).
October 23, 2018 Filing 474 ORAL MOTION for Judgment as a Matter of Law filed by Wal-Mart Stores, Inc. (Puzella, Mark) Modified on 10/23/2018 to correct docket entry text. (Stouch, L.).
October 23, 2018 ORAL ORDER denying #474 ORAL Motion for Judgment as a Matter of Law; taking under advisement #475 ORAL Motion to Strike and ORAL Motion to Exclude Witness David Ortiz. Entered by Chief US Judge Terrence W. Boyle on 10/23/2018. (Stouch, L.)
October 23, 2018 ORAL MOTION to Exclude Witness David Ortiz filed by Variety Stores, Inc. (Stouch, L.)
October 23, 2018 **** Reset Hearing: Jury Trial will continue on 10/24/2018 at 09:30 AM in Elizabeth City - Courtroom before Chief US District Judge Terrence W. Boyle. (Stouch, L.)
October 23, 2018 ORAL ORDER denying ORAL Motion for the Court to direct defendant to disclose third party. Entered by Chief US District Judge Terrence W. Boyle on 10/23/2018. (Stouch, L.)
October 23, 2018 ORAL MOTION for Judgment as a Matter of Law (Renewed) filed by Wal-Mart Stores, Inc. (Stouch, L.)
October 23, 2018 ORAL MOTION for the Court to direct defendant to disclose third party filed by Variety Stores, Inc. (Stouch, L.)
October 22, 2018 Filing 476 Minute Entry for proceedings held in Elizabeth City, North Carolina before Chief US District Judge Terrence W. Boyle: Voir Dire and Jury Trial DAY 1 held on 10/22/2018. Plaintiff's and defendant's counsel present and ready to proceed. Jury selection conducted. 8 jurors impaneled. ORAL ORDER regarding the subject matter of the trial. Plaintiff gives opening statement. Defendant gives opening statement. Plaintiff puts on evidence and calls witnesses. Plaintiff rests. The Court takes the evening recess at 5:00 pm. Court will resume Tuesday October 22, 2018 at 9:30 am. (Court Reporter Michelle McGirr) (Stouch, L.)
October 22, 2018 Opinion or Order ORAL ORDER - This trial will address liability only. This trial will not address the damages portion of this case. Entered by Chief Judge Terrence W. Boyle on 10/22/2018. (Stouch, L.)
October 22, 2018 **** Reset Hearings: Jury Trial will continue on 10/23/2018 at 09:30 AM in Elizabeth City - Courtroom before Chief US District Judge Terrence W. Boyle. (Stouch, L.)
October 19, 2018 Opinion or Order Filing 472 ORDER denying #374 Motion to Compel; denying #376 Motion to Enforce April 11, 2016 agreement; and denying #390 Motion for Leave to File Reply. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
October 19, 2018 Opinion or Order Filing 471 ORDER granting #378 Motion to Seal and #393 Motion to Seal. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
October 19, 2018 Opinion or Order Filing 470 ORDER granting #387 Motion to Seal. Signed by Chief US District Judge Terrence W. Boyle on 10/18/2018. (Stouch, L.)
October 17, 2018 Filing 469 REPLY to Response to Motion regarding #406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 16, 2018 Filing 468 REPLY to Response to Motion regarding #401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.)
October 16, 2018 Filing 467 REPLY to Response to Motion regarding #400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Variety Stores, Inc.. (Adams, W.)
October 15, 2018 Filing 466 TRIAL BRIEF by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 15, 2018 Filing 465 Proposed Voir Dire by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 15, 2018 Filing 464 Memorandum in Support regarding #463 MOTION to Seal Document #462 PROPOSED SEALED Document, Variety's Trial Brief filed by Variety Stores, Inc.. (Adams, W.)
October 15, 2018 Filing 463 MOTION to Seal Document #462 PROPOSED SEALED Document, Variety's Trial Brief filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 15, 2018 Filing 462 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
October 15, 2018 Filing 461 Proposed Voir Dire by Variety Stores, Inc.. (Adams, W.)
October 15, 2018 TEXT ORDER: Plaintiff is directed to collect plaintiff's exhibits 6 and 7, Variety's Backyard Grill Packaging and Walmart's Backyard Grill Packaging, admitted at the bench trial on October 12, 2016 from the Clerk's Office in Raleigh, North Carolina. Plaintiff is responsible for ensuring the exhibits are present at the trial scheduled to begin October 22, 2018 should either party want to admit them. Entered by Chief United States District Judge Terrence W. Boyle on 10/15/2018. (Stouch, L.)
October 12, 2018 Filing 460 RESPONSE in Opposition regarding #405 MOTION in Limine to Exclude Evidence and Arguments Concerning Walmart Inc.'s Overall Revenue and Size filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 459 RESPONSE in Opposition regarding #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 458 RESPONSE in Opposition regarding #404 MOTION in Limine To Exclude Evidence and Arguments Concerning Other Complaints, Incidents, Claims, or Lawsuits filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 457 Memorandum in Support regarding #456 Consent MOTION to Seal Document #455 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Unrelated License Agreements filed by Variety Stores, Inc.. (Adams, W.) Modified on 10/15/2018 to correct docket entry text (Stouch, L.).
October 12, 2018 Filing 456 Consent MOTION to Seal Document #455 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Unrelated License Agreements filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.) Modified on 10/15/2018 to correct docket entry text (Stouch, L.).
October 12, 2018 Filing 455 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
October 12, 2018 Filing 454 Memorandum in Support regarding #453 Consent MOTION to Seal Document #452 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments of Revenue Outside of the Relevant Geographic Area filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 453 Consent MOTION to Seal Document #452 PROPOSED SEALED Response,, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments of Revenue Outside of the Relevant Geographic Area filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 12, 2018 Filing 452 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
October 12, 2018 Filing 451 Memorandum in Support regarding #450 Consent MOTION to Seal Document #448 PROPOSED SEALED Exhibit, to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 450 Consent MOTION to Seal Document #448 PROPOSED SEALED Exhibit, to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 12, 2018 Filing 449 Declaration regarding #447 Response in Opposition to Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege by Variety Stores, Inc. (Attachments: #1 Exhibit (A) Correspondence from Walmart's Counsel of 7-18-2018, #2 Exhibit (B) Correspondence from Variety's Counsel of 7-12-2018) (Adams, W.)
October 12, 2018 Filing 448 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #447 Response in Opposition to Motion. (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
October 12, 2018 Filing 447 RESPONSE in Opposition regarding #406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 446 Memorandum in Support regarding #445 Consent MOTION to Seal Document #444 PROPOSED SEALED Response, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.)
October 12, 2018 Filing 445 Consent MOTION to Seal Document #444 PROPOSED SEALED Response, in Opposition to Walmart's Motion in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 12, 2018 Filing 444 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #403 MOTION in Limine Concerning Apportionment and Disgorgement of Profits. (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
October 12, 2018 Filing 443 RESPONSE in Opposition regarding #401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 12, 2018 Filing 442 RESPONSE in Opposition regarding #400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 11, 2018 Filing 441 Proposed Verdict Form by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 11, 2018 Filing 440 Proposed Jury Instructions by Wal-Mart Stores, Inc.. (Puzella, Mark)
October 11, 2018 Filing 439 Proposed Verdict Form by Variety Stores, Inc.. (Adams, W.)
October 11, 2018 Filing 438 Proposed Jury Instructions by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Jury Instructions from Georgia-P. Consumer Products LP v. Von Drehle Corp., #2 Exhibit 2. Jury Instructions from Super Duper, Inc. v. Mattel, Inc., #3 Exhibit 3. Jury Instructions from Coryn Group II, LLC v. O.C. Seacrets, Inc.) (Adams, W.)
October 11, 2018 Filing 437 WITHDRAWAL of Motion by Wal-Mart Stores, Inc.. regarding #431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Sto filed by Wal-Mart Stores, Inc. (Puzella, Mark)
October 11, 2018 Filing 436 WITHDRAWAL of Motion by Wal-Mart Stores, Inc.. regarding #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Variety Stores, Inc., Wal-Mart Stores, Inc. (Puzella, Mark)
October 9, 2018 Filing 435 Notice filed by Wal-Mart Stores, Inc. of Anticipated Use of Presentation and Wireless Communication Devices During Trial. (Puzella, Mark)
October 8, 2018 Filing 434 Notice filed by Variety Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Adams, W.)
October 3, 2018 Opinion or Order Filing 433 ORDER granting #399 Motion to Withdraw as Attorney. Attorney Corby C. Anderson and Matthew S. DeAntonio terminated. Signed by District Judge Terrence W. Boyle on 10/3/2018. (Stouch, L.)
October 1, 2018 Motion Submitted to District Judge Terrence W. Boyle regarding #399 MOTION to Withdraw as Attorney. (Stouch, L.)
September 28, 2018 Filing 432 Memorandum in Support regarding #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #430 PROPOSED SEALED Exhibit, #431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Sto, #427 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 431 Consent MOTION to Seal #428 PROPOSED SEALED Exhibit, #429 PROPOSED SEALED Exhibit, #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #430 PROPOSED SEALED Exhibit, #427 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
September 28, 2018 Filing 430 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 429 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 428 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 427 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #426 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 426 Declaration regarding #425 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Email from Long to Brenckman) (Puzella, Mark)
September 28, 2018 Filing 425 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 424 Memorandum in Support regarding #423 Consent MOTION to Seal #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 423 Consent MOTION to Seal #422 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
September 28, 2018 Filing 422 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 421 Memorandum in Support regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #419 PROPOSED SEALED Exhibit, #420 Consent MOTION to Seal #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #417 PROPOSED SEALED Exhibit, #418 PROPOSED SEALED Exhibit, #416 PROPOSED SEALED Exhibit, #415 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 420 Consent MOTION to Seal #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #419 PROPOSED SEALED Exhibit, #417 PROPOSED SEALED Exhibit, #418 PROPOSED SEALED Exhibit, #416 PROPOSED SEALED Exhibit, #415 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
September 28, 2018 Filing 419 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 418 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 417 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 416 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 415 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #414 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 414 Declaration regarding #413 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - FILED UNDER SEAL, #2 Exhibit 2 - FILED UNDER SEAL, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL, #5 Exhibit 5 - FILED UNDER SEAL) (Puzella, Mark)
September 28, 2018 Filing 413 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 412 Memorandum in Support regarding #411 Consent MOTION to Seal #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal, #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #410 PROPOSED SEALED Exhibit, #409 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 411 Consent MOTION to Seal #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.), #410 PROPOSED SEALED Exhibit, #409 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
September 28, 2018 Filing 410 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #408 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 409 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #408 Declaration,,. (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 408 Declaration regarding #407 PROPOSED SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1- Variety Initial Rule 26a Disclosures, #2 Exhibit 2 - Variety Second Suppl Resp to Walmart First Set of Rogs, #3 Exhibit 3 - FILED UNDER SEAL, #4 Exhibit 4 - FILED UNDER SEAL) (Puzella, Mark)
September 28, 2018 Filing 407 SEALED MOTION (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Puzella, Mark) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
September 28, 2018 Filing 406 MOTION in Limine to Exclude Evidence and Arguments Concerning Issues Involving the Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 405 MOTION in Limine to Exclude Evidence and Arguments Concerning Walmart Inc.'s Overall Revenue and Size filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 404 MOTION in Limine To Exclude Evidence and Arguments Concerning Other Complaints, Incidents, Claims, or Lawsuits filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 403 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
September 28, 2018 Filing 402 Proposed Order regarding #399 MOTION to Withdraw as Attorney filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
September 28, 2018 Filing 401 MOTION in Limine to Exclude Unreliable Testimony and Survey Evidence of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.)
September 28, 2018 Filing 400 MOTION in Limine to Exclude Evidence that is Contrary to the Fourth Circuit's Law of the Case or the Mandate Rule filed by Variety Stores, Inc.. (Adams, W.)
September 28, 2018 NOTICE TO COUNSEL regarding #399 Motion to Withdraw as Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.)
September 27, 2018 Filing 399 MOTION to Withdraw as Attorney filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
September 21, 2018 Filing 398 Memorandum in Support of Consent Motion to File Proposed Joint Pretrial Order under Seal filed by Variety Stores, Inc.. (Adams, W.)
September 21, 2018 Filing 397 Consent MOTION to Seal Document #396 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
September 21, 2018 Filing 396 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 10/29/2018 to delete the word 'proposed' pursuant to text order entered 10/24/2018 (Stouch, L.).
August 23, 2018 Filing 395 Minute Entry for proceeding held before US Magistrate Judge Robert B. Jones, Jr.: Settlement Conference held on 8/23/2018 in Wilmington, Courtroom 1. Parties present with counsel. Settlement negotiations reach an impasse. (Court Reporter FTR Gold) (Grady, B.)
August 22, 2018 Motions Submitted to District Judge Terrence W. Boyle regarding #378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, , #393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376], #376 MOTION to Enforce Agreement of April 11, 2016 , #390 MOTION for Leave to File Reply to Motion to Compel [DE 374], #387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, #389 Joint MOTION for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference, #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege. (Stouch, L.)
August 9, 2018 Filing 394 Memorandum in Support regarding #393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376] filed by Variety Stores, Inc.. (Adams, W.)
August 9, 2018 Filing 393 Consent MOTION to Seal Document #392 PROPOSED SEALED Reply, to Motion to Enforce Agreement [DE 376] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
August 9, 2018 Filing 392 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Adams, W.) Modified on 10/19/2018 to remove the word proposed pursuant to #471 Order granting motion to seal (Stouch, L.).
August 9, 2018 Filing 391 Memorandum in Support regarding #390 MOTION for Leave to File Reply to Motion to Compel [DE 374] filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply to Motion to Compel [DE 374]) (Adams, W.)
August 9, 2018 Filing 390 MOTION for Leave to File Reply to Motion to Compel [DE 374] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
August 6, 2018 Filing 389 Joint MOTION for Order Setting Schedule for Pre-Trial Filings and Walmart's Request for a Final Pre-Trial Conference filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
August 6, 2018 Filing 388 Memorandum in Support regarding #384 PROPOSED SEALED Response, #387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, , #386 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
August 6, 2018 Filing 387 Consent MOTION to Seal #384 PROPOSED SEALED Response, #386 PROPOSED SEALED Exhibit, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
August 6, 2018 Filing 386 SEALED Exhibit (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #385 Declaration,,. (Puzella, Mark) Modified on 10/19/2018 to delete the word proposed pursuant to #470 Order granting motion to seal (Stouch, L.).
August 6, 2018 Filing 385 Declaration regarding #384 PROPOSED SEALED Response, Declaration of Mark S. Puzella by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Letter dated 02-29-2016 from Chapman to Adams, #3 Exhibit 3 - Letter dated 03-02-2016 from Adams to Chapman, #4 Exhibit 4 - Letter dated 03-10-2016 from Chapman to Adams, #5 Exhibit 5 - Letter dated 03-14-2016 from Adams to Chapman, #6 Exhibit 6 - Letter dated 07-01-2016 from Puzella to Adams, #7 Exhibit 7 - Letter dated 07-08-2016 from Adams to Puzella) (Puzella, Mark)
August 6, 2018 Filing 384 SEALED RESPONSE (Selected Participants Only)by Mark S. Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Puzella, Mark) Modified on 10/19/2018 to remove the word sealed pursuant to #470 Order granting motion to seal (Stouch, L.).
August 6, 2018 Filing 383 Declaration regarding #382 Response in Opposition to Motion to Compel Production of Documents Withheld on Grounds of Attorney-Client Privilege #374 by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 - Letter dated March 2, 2016 from Adams to Chapman) (Puzella, Mark)
August 6, 2018 Filing 382 RESPONSE in Opposition regarding #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
August 2, 2018 Opinion or Order Filing 381 Order Setting Hearings - Settlement Conference set for 8/23/2018 at 10:00 AM in Wilmington - Courtroom 3 before Magistrate Judge Robert B. Jones Jr. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by United States Magistrate Judge Robert B. Jones, Jr. on 8/2/2018. (Edwards, S.)
July 27, 2018 Opinion or Order Filing 380 Order Resetting Hearings - Jury Trial set for 10/22/2018 at 10:00 AM in Elizabeth City - Courtroom before US District Judge Terrence W. Boyle. Signed by US District Judge Terrence W. Boyle on 7/27/2018. The parties are ORDERED to participate in a court-hosted settlement conference with United States Magistrate Judge Robert B. Jones, Jr. prior to August 31, 2018. (Stouch, L.) Modified on 7/27/2018 to correct docket entry text (Stouch, L.).
July 23, 2018 Filing 379 Memorandum in Support regarding #378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, filed by Variety Stores, Inc.. (Adams, W.)
July 23, 2018 Filing 378 Consent MOTION to Seal #377 PROPOSED SEALED Memorandum in Support,, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 23, 2018 Filing 377 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #376 MOTION to Enforce Agreement of April 11, 2016 . (Attachments: #1 Exhibit 1. Confidential Agreement of April 11, 2016, #2 Exhibit 2. Letter of July 18, 2018 from Walmart's counsel, Mark Puzella) (Adams, W.) Modified on 10/19/2018 to delete the word proposed pursuant to #471 Order granting motion to seal (Stouch, L.).
July 23, 2018 Filing 376 MOTION to Enforce Agreement of April 11, 2016 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 23, 2018 Filing 375 Memorandum in Support regarding #374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Variety Stores, Inc.. (Adams, W.)
July 23, 2018 Filing 374 MOTION to Compel Production of Doucments Withheld on Grounds of Attorney-Client Privilege filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 12, 2018 Opinion or Order Filing 373 Order Setting Hearings - Jury Trial set for 8/27/2018 at 10:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. The parties' joint proposed pretrial order shall be filed not later than August 1, 2018; the Court will retain control over whether video-taped witness deposition testimony may played be during the trial. Signed by US District Judge Terrence W. Boyle on 7/11/2018. (Stouch, L.)
July 11, 2018 Filing 372 OFFICIAL TRANSCRIPT of Proceedings held on 7/11/2018, Pretrial Conference, before District Judge Terrence W. Boyle. Court Reporter: Suzanne Patterson, Huseby, Inc., Telephone number: 800-333- 2082. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 8/4/2018. Redacted Transcript Deadline set for 8/14/2018. Release of Transcript Restriction set for 10/12/2018. (Foell, S.)
July 11, 2018 Filing 371 Minute Entry for proceedings held before US District Judge Terrence W. Boyle: Pretrial Conference held on 7/11/2018. Both parties present and ready to proceed. Court in recess. (Court Reporter Suzanne Patterson) (Stouch, L.)
July 11, 2018 NOTICE of Filing of Official Transcript #372 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Foell, S.)
July 9, 2018 **** Reset Hearing: Pretrial Conference reset for 7/11/2018 at 10:00 AM in Raleigh - 5th Floor Courtroom before District Judge Terrence W. Boyle. ***Note date, time, and location change.*** (Stouch, L.)
May 25, 2018 Filing 370 NOTICE of Hearing: Pretrial Conference set for 7/10/2018 at 11:00 AM in Elizabeth City - Courtroom before US District Judge Terrence W. Boyle. (Stouch, L.)
May 17, 2018 Opinion or Order Filing 369 ORDER regarding #366 Opinion from USCA. Plaintiff's motion for summary judgment is DENIED, defendant's motion for summary judgment is DENIED, and the orders entered subsequent to the summary judgment rulings are VACATED. This matter will be set for pretrial conference by separate notice. Signed by US District Judge Terrence W. Boyle on 5/16/2018. (Stouch, L.)
May 16, 2018 Filing 368 MANDATE of US Court of Appeals (17-15030, (17-1644), (17-1906) as to #336 , #344 , #357 Notice of Appeal. The judgment of this court, entered 4/24/2018, takes effect today. (Foell, S.)
April 24, 2018 Filing 367 US Court of Appeals Judgment as to #336 (17-1503), #344 (17-1644) and #357 (17-1906) Notice of Appeal. In accordance with the decision of this court, in appeal number 17-1503 the judgment of the district court is affirmed in part and vacated in part. This case is remanded to the district court for further proceedings consistent with the court's decision. In appeal numbers 17-1644 and 17-1906, the court dismisses the cross appeals. This judgment shall take effect upon issuance of this court's mandate. (Foell, S.)
April 24, 2018 Filing 366 Published Opinion from Fourth Circuit Court of Appeals (17-1503), (17-1644), (17-1906). Dismissed in part; affirmed in part; vacated in part and remanded. (Foell, S.)
March 2, 2018 Filing 365 **VACATED pursuant to DE #369 ** ORDER denying without prejudice #339 Motion for Bill of Costs; denying without prejudice #342 Order on Motion for Disallowance of Costs; and denying without prejudice #355 Application for Writ of Execution. Signed by Peter A. Moore, Jr., Clerk of Court on 3/1/2018. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
March 2, 2018 Notification to Appeals Court of Filing regarding #365 Order. (Foell, S.)
September 19, 2017 Opinion or Order Filing 364 ORDER of US Court of Appeals. The court consolidates Appeal No. 1906 #357 Notice of Appeal, as an additional cross-appeal to Lead Appeal No. 17-1503. Oral argument is continued from the December 5-7, 2017 session to the January 23-26, 2018 session. (Foell, S.)
September 8, 2017 Filing 363 **VACATED pursuant to DE #369 ** ORDER granting #361 Motion for Approval of Supersedeas Bond and Stay of Execution of Judgment. Signed by US District Judge Terrence W. Boyle on 9/7/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
September 6, 2017 Motion Submitted to US District Judge Terrence W. Boyle: #361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment. (Stouch, L.)
August 10, 2017 Filing 362 Memorandum in Support regarding #361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Appeal Bond, #2 Exhibit B - Power Of Attorney) (Puzella, Mark)
August 10, 2017 Filing 361 MOTION to Stay for Approval of Supersedeas Bond and Stay of Execution of Judgment filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Puzella, Mark)
August 4, 2017 Filing 360 US Court of Appeals Case Number 17-1906 (Jennifer Rice, Case Manager) as to #357 Notice of Appeal filed by Wal-Mart Stores, Inc. (Tripp, S.)
August 3, 2017 Filing 359 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #357 Notice of Appeal. (Tripp, S.)
August 3, 2017 Filing 358 Notice filed by Wal-Mart Stores, Inc. regarding #355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. . (Puzella, Mark)
August 3, 2017 Filing 357 Notice of Appeal filed by Wal-Mart Stores, Inc. as to #354 Judgment on Attorney Fees, #353 Order on Motion for Attorney Fees. Filing fee paid on 8/3/2017: Receipt No. RAL058549. (Puzella, Mark) Modified on 8/11/2017 to add filing fee receipt number. (Stouch, L.).
August 3, 2017 Motion Referred to Peter A. Moore, Jr., Clerk of Court: #355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. (Stouch, L.)
July 31, 2017 Filing 356 Document: Copy Request. (Attachments: #1 Envelope) (Stouch, L.)
July 27, 2017 Filing 355 APPLICATION for Writ of Execution on Judgment entered on July 6, 2017 by Variety Stores, Inc. (Attachments: #1 Exhibit Execution, #2 Exhibit US Marshal's Process Receipt and Return) (Adams, W.)
July 7, 2017 Notification to Appeals Court of Filing regarding #354 Judgment on Attorney Fees, #353 Order on Motion for Attorney Fees (Tripp, S.)
July 6, 2017 Filing 354 **VACATED pursuant to DE #369 ** JUDGMENT on Attorney Fees - IT IS ORDERED, ADJUDGED AND DECREED plaintiff's motion [DE 340] is GRANTED IN PART and DENIED IN PART. Defendant Wal-Mart Stores Inc. is ORDERED TO PAY $136,593.68 in costs and $1,554,028.45 in attorneys' fees to plaintiff Variety Stores, Inc. Signed by Peter A. Moore, Jr., Clerk of Court on 7/6/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
July 6, 2017 Filing 353 **VACATED pursuant to DE #369 ** ORDER granting in part and denying in part #340 Motion for Attorney Fees. Signed by US District Judge Terrence W. Boyle on 7/6/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
June 16, 2017 NOTICE OF CORRECTION regarding: #352 Status Report. Pursuant to section (V)(E)(1)(e) of the CM/ECF Policies and Procedures Manual, located on the court's website, the docket text for the attachment description must be clear and complete. Labeling an attachment as Exhibit 1 or Exhibit 1- Affidavit is insufficient. The docket text for an attachment must provide a detailed description, such as Exhibit 1 - Affidavit of Jane Doe. Case manager has added exhibit descriptions to the docket entry text. No further action is needed from counsel. (Stouch, L.)
June 16, 2017 Remark - #352 Status Report submitted to US District Judge Terrence W. Boyle for review. (Stouch, L.)
June 14, 2017 Filing 352 STATUS REPORT re Variety Stores, Inc.'s Motion [DE340] and Court of Appeals Notice by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit A - Appellant's Notice Regarding Rule 59(e) Motion Pending in District Court, #2 Exhibit B - Court of Appeals Notice) (Puzella, Mark) Modified on 6/16/2017 to add exhibit names to the docket entry text. (Stouch, L.).
June 7, 2017 Motions Referred to Peter A. Moore, Jr., Clerk of Court: #342 Motion for Disallowance of Costs , #339 MOTION for Bill of Costs . (Stouch, L.)
June 7, 2017 Motion Submitted to US District Judge Terrence W. Boyle: #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest. (Stouch, L.)
June 5, 2017 Filing 351 REPLY to Response to Motion regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Rule 59(e) Motion filed in Georgia-P. Consumer Products LP v. Von Drehle Corp., 2013 WL 3923984 (E.D.N.C. 2013)) (Adams, W.)
May 24, 2017 Filing 350 RESPONSE to Motion regarding #342 Motion for Disallowance of Costs filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of W. Thad Adams, III) (Adams, W.)
May 24, 2017 Filing 349 Declaration regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Puzella, Mark)
May 24, 2017 Filing 348 RESPONSE in Opposition regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
May 22, 2017 Opinion or Order Filing 347 ORDER of US Court of Appeals as to #344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc., #336 Notice of Appeal, filed by Variety Stores, Inc. - The court consolidates Case No. 17-1503(L) and Case No. 17-1644 as cross appeals. The appellant in Case No. 17-1503(L) shall be considered the appellant for purposes of the consolidated appeals and shall proceed first at briefing and at oral argument. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. (Tripp, S.)
May 22, 2017 Filing 346 US Court of Appeals Case Number 17-1644 (Jennifer Rice, Case Manager) as to #344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc. (Tripp, S.)
May 22, 2017 Filing 345 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #344 Notice of Cross Appeal. (Foell, S.)
May 19, 2017 Appeal Fee: $505.00, receipt number RAL057037 regarding #344 Cross Notice of Appeal. (Foell, S.)
May 19, 2017 Filing 344 Notice of Cross Appeal filed by Wal-Mart Stores, Inc.. Filing fee. (Puzella, Mark)
May 17, 2017 Filing 343 Memorandum in Support regarding #342 Motion for Disallowance of Costs filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
May 17, 2017 Filing 342 Motion for Disallowance of Costs filed by Wal-Mart Stores, Inc.. (Puzella, Mark)
May 3, 2017 Filing 341 Memorandum in Support regarding #340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of William M. Bryner, Esq., #2 Exhibit 2. Declaration of W. Thad Adams, III, Esq., #3 Exhibit 3. Summary of Attorneys' Fees, #4 Exhibit 4. Summary of Monthly Expenses, #5 Exhibit 5. AIPLA 2015 Report Excerpts, #6 Exhibit 6. Declaration of J.C. Poindexter, Ph.D.) (Adams, W.)
May 3, 2017 Filing 340 MOTION for Attorney Fees , Non-Taxable Expenses, Treble Damages, and Pre-Judgment Interest filed by Variety Stores, Inc.. (Adams, W.)
May 3, 2017 Filing 339 MOTION for Bill of Costs filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Fees of the Clerk (Filing Fee for Complaint), #2 Exhibit 2. Fees for Service of Summons, #3 Exhibit 3. Fees for Printed or Electronically Recorded Transcripts, #4 Exhibit 4. Fees for Exemplification and the Costs of Making Copies, #5 Exhibit 5. Other Costs - Fee for Conference Room rental for trial) (Adams, W.)
April 20, 2017 Filing 338 US Court of Appeals Case Number: 17-1503 (Jennifer Rice, Case Manager) as to #336 Notice of Appeal. (Foell, S.)
April 19, 2017 Filing 337 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding #336 Notice of Appeal. (Foell, S.)
April 19, 2017 Filing 336 Notice of Appeal filed by Variety Stores, Inc. as to #334 Order on Motion for Miscellaneous Relief, #335 Judgment, #316 Order on Motion to Seal Document, Order on Motion in Limine, Order on PROPOSED SEALED Motion, Order on Motion to Redact. Filing fee, receipt number 0417-4060768. (Adams, W.) .
April 19, 2017 Filing 335 **VACATED pursuant to DE #369 ** JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED pursuant to this Court's order entered December 8, 2015, plaintiff Variety Store's motion for partial summary judgment [DE 43] is GRANTED and defendant Wal-Mart Stores' motion for summary judgment [DE 49] is DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED pursuant to this Court's order entered on November 22, 2016, defendant Wal-Mart Stores is ordered to disgorge its profit in the amount of $32,521,671.40. Motions in limine [DE 232, 252] are GRANTED and motions in limine [DE 231, 233, 234, 238, 242, 247, 253, 255, 257, 261, 269, 270] are DENIED. IT IS FURTHER ORDERED, ADJUDGED AND DECREED Variety has already been awarded the entirety of Wal-Mart's profits that can be attributed to its infringement and that are compensable to Variety, and because no additional remedy is available in this case, there is no need to hold a jury trial. Plaintiff Variety Stores Inc.'s motion for Pretrial Conference and Trial Setting is DENIED. [DE 318]. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 4/19/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
April 19, 2017 Filing 334 **VACATED pursuant to DE #369 ** ORDER denying #318 Motion for Pretrial Conference and Trial Setting. Signed by US District Judge Terrence W. Boyle on 4/18/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
February 3, 2017 Filing 333 Notice filed by Variety Stores, Inc. regarding #318 MOTION Pretrial Conference and Trial Setting (Letter to Judge Boyle with Supplemental Authority pursuant to LR 7.1(h)). (Attachments: #1 Exhibit 1. Supplemental Authority, Exclaim Mktg., LLC v. DirecTV, LLC, 15-239, 2016 WL 7479315 (4th Cir. Dec. 29, 2016)) (Long, Samuel)
January 27, 2017 Motion Submitted to US District Judge Terrence W. Boyle: #318 MOTION Pretrial Conference and Trial Setting. (Stouch, L.)
January 26, 2017 Opinion or Order Filing 332 **VACATED pursuant to DE #369 ** ORDER granting #330 Motion to Seal Document #328 PROPOSED SEALED Reply. Signed by District Judge Terrence W. Boyle on 1/25/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
January 25, 2017 Motion Submitted to District Judge Terrence W. Boyle: #330 MOTION to Seal Document #328 PROPOSED SEALED Reply with Exhibits 3-18. (Stouch, L.)
January 24, 2017 Filing 331 Memorandum in Support regarding #330 MOTION to Seal Document #328 PROPOSED SEALED Reply,,,, with Exhibits 3-18 filed by Variety Stores, Inc.. (Adams, W.)
January 24, 2017 Filing 330 MOTION to Seal Document #328 PROPOSED SEALED Reply,,,, with Exhibits 3-18 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
January 24, 2017 Filing 329 REDACTION to #328 PROPOSED SEAL Reply by Variety Stores, Inc. (Attachments: #1 Index Redacted Exhibit List, #2 Exhibit 1. Chart of Citations., #3 Exhibit 2. Arctic Cat Inc.v. Bombardier Recreational Prods., Inc., et al., Case No. 14-cv-62369 (S.D. Fla. Jan. 3, 2017) (slip op.)) (Adams, W.)
January 24, 2017 Filing 328 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #318 MOTION Pretrial Conference and Trial Setting . (Attachments: #1 Index Sealed Exhibit List, #2 Exhibit 3. License Agreement Amendment, #3 Exhibit 4. License Agreement., #4 Exhibit 5. Second License Agreement, #5 Exhibit 6. License Agreement and Amendments, #6 Exhibit 7. License Agreement, #7 Exhibit 8. License Agreement Correspondence., #8 Exhibit 9. License Agreement Amendments., #9 Exhibit 10. License Agreement., #10 Exhibit 11. License Agreement Correspondence., #11 Exhibit 12. License Agreement with Amendments, #12 Exhibit 13. License Agreement with Amendments., #13 Exhibit 14. Royalty History, #14 Exhibit 15. License Agreement., #15 Exhibit 16. Draft and Appliance License Agreement., #16 Exhibit 17. Grill License Agreement Draft 2., #17 Exhibit 18. Grill License Agreement Draft 3.) (Adams, W.) Modified on 1/26/2017 to delete the word 'Proposed.' (Stouch, L.).
January 19, 2017 Opinion or Order Filing 327 **VACATED pursuant to DE #369 ** ORDER granting #323 Motion to Seal. Signed by District Judge Terrence W. Boyle on 1/19/2017. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
January 18, 2017 Filing 326 *CORRECTED* OFFICIAL TRANSCRIPT OF BENCH TRIAL PROCEEDINGS (Day 2) held on October 12, 2016, before District Judge Terrence W. Boyle. Court Reporter Margie Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/11/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/21/2017. (Thuemmel Proctor, S.)
January 18, 2017 Filing 325 *CORRECTED* OFFICIAL TRANSCRIPT OF BENCH TRIAL PROCEEDINGS (DAY 1) held on October 11, 2016, before District Judge Terrence W. Boyle. Court Reporter Margie Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/11/2017. Redacted Transcript Deadline set for 2/21/2017. Release of Transcript Restriction set for 4/21/2017. (Thuemmel Proctor, S.)
January 18, 2017 NOTICE OF CORRECTION regarding: #300 Transcript #299 Transcript. Counsel has requested changes to names in original transcript. See Corrected Transcripts. (Thuemmel Proctor, S.)
January 18, 2017 Motion Submitted to US District Judge Terrence W. Boyle: regarding #323 MOTION to Seal #321 PROPOSED SEALED Response. (Stouch, L.)
January 18, 2017 NOTICE of Filing of Official Transcript #325 Transcript #326 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
January 11, 2017 Filing 324 Memorandum in Support regarding #323 MOTION to Seal #321 PROPOSED SEALED Response,, filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
January 11, 2017 Filing 323 MOTION to Seal #321 PROPOSED SEALED Response,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
January 11, 2017 Filing 322 REDACTION to #321 SEALED Response,, by Wal-Mart Stores, Inc. (Attachments: #1 Exhibit 1 - Excerpts from transcript of 6/14/2016 Status Hearing (redacted), #2 Exhibit 2 - Affidavit of Karen Angell (redacted), #3 Exhibit 3 - Excerpts from the deposition of J.C. Poindexter (redacted)) (Puzella, Mark) Modified on 1/19/2017 to removed the word 'Proposed.' (Stouch, L.).
January 11, 2017 Filing 321 SEALED RESPONSE (Selected Participants Only)by Mark Puzella (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #318 MOTION Pretrial Conference and Trial Setting . (Attachments: #1 Exhibit 1 - Excerpts from transcript of 6/14/2016 Status Hearing, #2 Exhibit 2 - Affidavit of Karen Angell, #3 Exhibit 3 - Excerpts from the deposition of J.C. Poindexter) (Puzella, Mark) Modified on 1/19/2017 to remove the word 'Proposed.' (Stouch, L.).
January 11, 2017 Filing 320 Redacted Transcript of Status Hearing regarding #212 held on June 14, 2016, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. (Thuemmel Proctor, S.)
December 21, 2016 Filing 319 Memorandum in Support regarding #318 MOTION Pretrial Conference and Trial Setting filed by Variety Stores, Inc.. (Adams, W.)
December 21, 2016 Filing 318 MOTION Pretrial Conference and Trial Setting filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
November 22, 2016 Opinion or Order Filing 317 **VACATED pursuant to DE #369 ** ORDER granting #315 Motion to Withdraw as Attorney. Attorney Bridgette A. Agness and Laura L. Chapman terminated. Signed by District Judge Terrence W. Boyle on 11/22/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
November 22, 2016 Opinion or Order Filing 316 **VACATED pursuant to DE #369 ** ORDER granting #232 Motion in Limine and #252 Motion in Limine; denying #231 Motion in Limine, #233 Motion in Limine, #234 Motion in Limine, #238 Motion in Limine, #242 Motion in Limine, #247 Motion in Limine, #253 Motion in Limine, #255 Motion in Limine, #257 Motion in Limine, #261 Motion in Limine, #269 Sealed Motion in Limine and #270 Motion in Limine; granting #236 Motion to Seal Document, #240 Motion to Seal Document, #245 Motion to Seal Document, #250 Motion to Seal Document, #259 Motion to Seal Document, #265 Motion to Seal Document, #273 Motion to Seal, #305 Motion to Seal and #310 Motion to Seal Document; and denying #307 Motion to Redact #300 Transcript and #299 Transcript. Defendant is ordered to disgorge its profit in the amount of $32,521,671.40. Signed by District Judge Terrence W. Boyle on 11/21/2016. (Stouch, L.) Modified docket entry on 5/17/2018 (Stouch, L.).
November 21, 2016 Motion Submitted to US District Judge Terrence W. Boyle: #315 MOTION to Withdraw as Attorney Motion To Withdraw Appearance By Counsel. (Stouch, L.)
November 18, 2016 Filing 315 MOTION to Withdraw as Attorney Motion To Withdraw Appearance By Counsel filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Chapman, Laura)
November 7, 2016 Filing 314 RESPONSE in Opposition regarding #310 MOTION to Seal Document #309 PROPOSED SEALED Document, Exhibit A to the Declaration of Kirsten E. Small filed by Variety Stores, Inc.. (Adams, W.)
November 7, 2016 Filing 313 RESPONSE in Opposition regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Variety Stores, Inc.. (Adams, W.)
November 7, 2016 Filing 312 RESPONSE in Opposition regarding #305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Variety Stores, Inc.. (Adams, W.)
November 4, 2016 Filing 311 Memorandum in Support regarding #310 MOTION to Seal Document #309 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
November 4, 2016 Filing 310 MOTION to Seal Document #309 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
November 4, 2016 Filing 309 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, . (Attachments: #1 Exhibit A) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
November 4, 2016 Filing 308 Memorandum in Support regarding #307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - List of Requested Redactions) (Anderson, Corby)
November 4, 2016 Filing 307 MOTION to Redact #300 Transcript,,, #299 Transcript,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
October 21, 2016 Filing 306 Memorandum in Support regarding #305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 21, 2016 Filing 305 MOTION to Seal #303 PROPOSED SEALED Document, #304 PROPOSED SEALED Document, Amended Trial Brief (with Mok Declaration and Exhibit 1) and Amended Proposed Findings of Fact and Conclusions of Law filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
October 21, 2016 Filing 304 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 21, 2016 Filing 303 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit 1 -Declaration of Jeffrey C. Mok, #2 Exhibit Exhibit 1 to Mok Declaration - Ltr to Chpman fr Adams re Production) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 20, 2016 Filing 302 Notice of Intent to Request Redaction filed by Corby C. Anderson regarding #300 Transcript,,, #299 Transcript,,,. (Anderson, Corby)
October 20, 2016 Filing 301 Notice filed by Variety Stores, Inc. of Supplemental Findings of Fact pursuant to 10/12/2016 Oral Order of Court. (Adams, W.)
October 14, 2016 Filing 300 OFFICIAL TRANSCRIPT BENCH TRIAL DAY 2 held on October 12, 2016, before Judge Terrence W. Boyle. Court Reporter Margaret M. Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017. (Kruse, Margaret) (Additional attachment(s) added on 10/17/2016: #1 Corrected Certification Page) (Thuemmel Proctor, S.).
October 14, 2016 Filing 299 OFFICIAL TRANSCRIPT BENCH TRIAL DAY 1 held on October 11, 2016, before Judge Terrence W. Boyle. Court Reporter Margaret M. Kruse. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017. (Kruse, Margaret) (Additional attachment(s) added on 10/17/2016: #1 Corrected Certification Page) (Thuemmel Proctor, S.).
October 14, 2016 NOTICE of Filing of Official Transcript of Bench Trial Day 1 and Bench Trial Day 2 before District Court Judge Terrence W. Boyle. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Kruse, Margaret)
October 12, 2016 Filing 298 Trial Exhibit List. (Stouch, L.)
October 12, 2016 Filing 297 RENEWED ORAL MOTION for Involuntary Dismissal under Rule 41(b) filed by Wal-Mart Stores, Inc. (Stouch, L.)
October 12, 2016 Filing 296 Minute Entry for proceedings held in Raleigh, NC before US District Judge Terrence W. Boyle: (DAY 2)Bench Trial completed on 10/12/2016. All parties present and ready to proceed. Defendant continues to call witnesses and present evidence. Defendant rests. Defendant renews its oral motion for involuntary dismissal pursuant to Rule 41(b). Motion denied. Plaintiff calls a witness and presents evidence in its rebuttal case. Plaintiff rests. Defendant renews its oral motion for involuntary dismissal pursuant to Rule 41(b). Motion denied. Counsel for both parties makes closing statements. The parties are allowed ten days to amend briefing. Court is in recess. (Court Reporter Margie Kruse) (Stouch, L.)
October 12, 2016 RENEWED ORAL MOTION for Involuntary Dismissal under Rule 41(b) filed by Wal-Mart Stores, Inc. (Stouch, L.)
October 12, 2016 Opinion or Order **VACATED pursuant to DE #369 ** ORAL ORDER denying 297 RENEWED ORAL Motion for Involuntary Dismissal under 41(b). Signed by District Judge Terrence W. Boyle on 10/12/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
October 12, 2016 Opinion or Order **VACATED pursuant to DE #369 ** ORAL ORDER denying RENEWED ORAL MOTION for Involuntary Dismissal by Wal-Mart Stores, Inc. Signed by District Judge Terrence W. Boyle on 10/12/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
October 11, 2016 Filing 295 ORAL MOTION to Exclude Witness Van Liere by Variety Stores, Inc. (Stouch, L.)
October 11, 2016 Filing 294 ORAL MOTION for Involuntary Dismissal under Rule 41(b) by Wal-Mart Stores, Inc. (Stouch, L.)
October 11, 2016 Filing 293 Minute Entry for proceedings held in Raleigh, NC before US District Judge Terrence W. Boyle: (DAY 1) Bench Trial held on 10/11/2016. All parties present and ready to proceed. Opening Statements by counsel for both parties. Plaintiff rests. Defendant makes oral motion for involuntary dismissal under Rule 41(b). Motion denied. Oral motion by plaintiff to exclude witness Van Liere. Motion denied. Defendant calls witnesses and presents evidence. This matter recessed for the evening to reconvene on Wednesday October 12, 2016 at 10:00am in Raleigh. (Court Reporter Margie Kruse) (Stouch, L.)
October 11, 2016 Opinion or Order **VACATED pursuant to DE #369 ** ORAL ORDER denying 295 Motion to Exclude Witness Van Liere. Signed by District Judge Terrence W. Boyle on 10/11/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
October 11, 2016 Opinion or Order **VACATED pursuant to DE #369 ** ORAL ORDER denying 294 Motion for Involuntary Dismissal. Signed by District Judge Terrence W. Boyle on 10/11/2016. (Stouch, L.) Modified docket text on 5/17/2018 (Stouch, L.).
October 11, 2016 Filing 292 PROPOSED SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby)
October 9, 2016 Filing 291 Memorandum in Opposition regarding #253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 9, 2016 Filing 290 Memorandum in Opposition regarding #261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 9, 2016 Filing 289 Memorandum in Opposition regarding #242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 9, 2016 Filing 288 Memorandum in Opposition regarding #257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 9, 2016 Filing 287 Memorandum in Opposition regarding #255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 8, 2016 Filing 286 Memorandum in Opposition regarding #234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 8, 2016 Filing 285 Memorandum in Opposition regarding #247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 8, 2016 Filing 284 Memorandum in Opposition regarding #238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 8, 2016 Filing 283 RESPONSE in Opposition regarding #252 MOTION in Limine Concerning the Synergistic Factors filed by Variety Stores, Inc.. (Adams, W.)
October 8, 2016 Filing 282 RESPONSE in Opposition regarding #232 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Variety Stores, Inc.. (Adams, W.)
October 8, 2016 Filing 281 RESPONSE in Opposition regarding #270 MOTION in Limine to Exclude Evidence of Revenue Unrelated to Relevant Geographic Scope and Overlapping Goods filed by Variety Stores, Inc.. (Adams, W.)
October 7, 2016 Filing 280 RESPONSE in Opposition regarding #231 MOTION in Limine Concerning Damages Under North Carolina's Unfair and Deceptive Trade Practices Act and Under the Lanham Act filed by Variety Stores, Inc.. (Adams, W.)
October 7, 2016 Filing 279 Courtroom Technology Certification of Training by Variety Stores, Inc. (Adams, W.)
October 6, 2016 Filing 278 RESPONSE in Opposition regarding #233 MOTION in Limine Concerning Profits Under a Deterrence Theory, Exceptional Case, Attorney's Fees, Interest, and Costs filed by Variety Stores, Inc.. (Adams, W.)
October 6, 2016 Filing 277 Notice filed by Variety Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Adams, W.)
October 6, 2016 Opinion or Order Filing 276 **VACATED pursuant to DE #369 ** ORDER granting #227 Motion to Seal Document #226 PROPOSED SEALED Proposed Joint Pretrial Order. Signed by District Judge Terrence W. Boyle on 10/6/2016. (Stouch, L.) Modified docket entry on 5/17/2018 (Stouch, L.).
October 5, 2016 Filing 275 Notice of Appearance for non-district by Jeffrey C. Mok on behalf of Wal-Mart Stores, Inc.. (Mok, Jeffrey)
October 5, 2016 REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.)
October 4, 2016 Filing 274 Memorandum in Support regarding #273 MOTION to Seal #271 PROPOSED SEALED Document, #268 PROPOSED SEALED Exhibit,,, #269 PROPOSED SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 273 MOTION to Seal #271 PROPOSED SEALED Document, #268 PROPOSED SEALED Exhibit,,, #269 PROPOSED SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, In, #272 PROPOSED SEALED Document, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
October 4, 2016 Filing 272 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit Declaration of Elizabeth Brenckman, #2 Exhibit A - Adams Letter of June 29, 2016) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 271 SEALED Document: (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 270 MOTION in Limine to Exclude Evidence of Revenue Unrelated to Relevant Geographic Scope and Overlapping Goods filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 269 SEALED MOTION (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 268 SEALED Exhibit (Selected Participants Only)by Defendant Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #267 Notice - other. (Attachments: #1 Exhibit A - List of Variety Stores, Inc. Locations, #2 Exhibit B - Expert Report of Graham D. Rogers, #3 Exhibit C - Transcript of Deposition of George Templeton Blackburn, II (excerpts), #4 Exhibit D - Supplemental Expert Report of Graham D. Rogers, #5 Exhibit E - Transcript of Deposition of Robert Klein (excerpts), #6 Exhibit F - Transcript of Deposition of J. Carl Poindexter (excerpts), #7 Exhibit G - Rebuttal Expert Report of J. Carl Poindexter) (Anderson, Corby) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 267 Notice filed by Wal-Mart Stores, Inc. of Filing of Exhibits in Support of Motions In Limine. (Attachments: #1 Exhibit Declaration of Matthew DeAntonio) (Anderson, Corby)
October 4, 2016 Filing 266 Memorandum in Support regarding #265 MOTION to Seal Document #264 PROPOSED SEALED Document, #263 PROPOSED SEALED Document, Proposed Findings of Fact and Conclusions of Law [DE 263] and Trial Brief [DE 264] filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 265 MOTION to Seal Document #264 PROPOSED SEALED Document, #263 PROPOSED SEALED Document, Proposed Findings of Fact and Conclusions of Law [DE 263] and Trial Brief [DE 264] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 264 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 263 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 262 Memorandum in Support regarding #261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 261 MOTION in Limine to Exclude all Evidence and Witness Testimony that is Contrary to the Law of the Case filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 260 Memorandum in Support regarding #259 MOTION to Seal Document #258 PROPOSED SEALED Memorandum in Support, to Motion to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 259 MOTION to Seal Document #258 PROPOSED SEALED Memorandum in Support, to Motion to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 258 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc.) regarding #257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 257 MOTION in Limine to Exclude Testimony of Defendant's Witnesses Kovach and Puglisi as Improper Expert Testimony filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 256 Memorandum in Support regarding #255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 255 MOTION in Limine to Exclude Irrelevant Testimony of Defendant's Witnesses Dineen, Deshommes, Kovach, Ortiz, and Puglisi filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 254 Memorandum in Support regarding #253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 253 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures and Exclude Testimony of its Witnesses Deshommes, Ortiz, Massaway, and Puglisi filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 252 MOTION in Limine Concerning the Synergistic Factors filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 251 Memorandum in Support regarding #250 MOTION to Seal Document #248 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 250 MOTION to Seal Document #248 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 249 Notice filed by Variety Stores, Inc. regarding #248 PROPOSED SEALED Memorandum in Support, see attached Exhibit 1 (Supplemental Expert Report of Kent Van Liere) to Exclude Defendant's Expert Report and Testimony of Kent Van Liere. (Adams, W.)
October 4, 2016 Filing 248 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 247 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Kent Van Liere filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 246 Memorandum in Support regarding #245 MOTION to Seal Document #243 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Graham Rogers with Exhibit 2 filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 245 MOTION to Seal Document #243 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Graham Rogers with Exhibit 2 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 244 Notice filed by Variety Stores, Inc. regarding #243 PROPOSED SEALED Memorandum in Support, see attached Exhibit 1 (Deposition Transcript of Kent Van Liere) to Motion in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers. (Adams, W.)
October 4, 2016 Filing 243 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers. (Attachments: #1 Exhibit 2. Supplemental Expert Report of Graham Rogers) (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 242 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Graham Rogers filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 241 Memorandum in Support regarding #240 MOTION to Seal Document #239 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 240 MOTION to Seal Document #239 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 239 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 238 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of Hal Poret filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 237 Memorandum in Support regarding #236 MOTION to Seal Document #235 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 236 MOTION to Seal Document #235 PROPOSED SEALED Memorandum in Support, to Motion in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 4, 2016 Filing 235 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
October 4, 2016 Filing 234 MOTION in Limine to Exclude Defendant's Expert Report and Testimony of George Mantis filed by Variety Stores, Inc.. (Adams, W.)
October 4, 2016 Filing 233 MOTION in Limine Concerning Profits Under a Deterrence Theory, Exceptional Case, Attorney's Fees, Interest, and Costs filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 232 MOTION in Limine Concerning Apportionment and Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 231 MOTION in Limine Concerning Damages Under North Carolina's Unfair and Deceptive Trade Practices Act and Under the Lanham Act filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
October 4, 2016 Filing 230 Courtroom Technology Certification of Training by Wal-Mart Stores, Inc. (Anderson, Corby)
October 4, 2016 Filing 229 Notice filed by Wal-Mart Stores, Inc. of Anticipated Use of Wireless Communication Devices During Trial. (Anderson, Corby)
October 3, 2016 Filing 228 Memorandum in Support regarding #227 Consent MOTION to Seal Document #226 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Adams, W.)
October 3, 2016 Filing 227 Consent MOTION to Seal Document #226 PROPOSED SEALED Document, Proposed Joint Pretrial Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 3, 2016 Filing 226 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
September 28, 2016 **** Reset Hearing: Bench Trial reset for Tuesday 10/11/2016 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. Date, time, and location change. (Stouch, L.)
September 21, 2016 **** Reset Hearings: Bench Trial set for 10/17/2016 at 11:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.)
September 19, 2016 NOTICE: Bench Trial set for 10/11/2016 CONTINUED to date, time, and location to be determined. (Romine, L.)
September 8, 2016 Filing 225 NOTICE of Hearing: Bench Trial set for 10/11/2016 at 11:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.)
August 25, 2016 Opinion or Order Filing 224 **VACATED pursuant to DE #369 ** ORDER denying #218 Motion to Compel. Signed by District Judge Terrence W. Boyle on 8/25/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
August 22, 2016 Opinion or Order Filing 223 **VACATED pursuant to DE #369 ** ORDER granting #205 Motion to Seal Document #204 PROPOSED SEALED Exhibit. Signed by District Judge Terrence W. Boyle on 8/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
August 22, 2016 Opinion or Order Filing 222 **VACATED pursuant to DE #369 ** ORDER granting #194 Motion to Seal Document #193 PROPOSED SEALED Document Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank. Signed by District Judge Terrence W. Boyle on 8/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
August 11, 2016 Motion Submitted to US District Judge Terrence W. Boyle: #218 MOTION to Compel Fact Depositions of Variety Witnesses. (Romine, L.)
August 8, 2016 Filing 221 RESPONSE in Opposition regarding #218 MOTION to Compel Fact Depositions of Variety Witnesses filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Domestic Fabrics v. Sears, No. 4:00-CV-127-H(4) (E.D.N.C. Mar.11, 2003), #2 Exhibit 2. 1-15-2016 Email from L. Chapman to T. Adams, #3 Exhibit 3. Walmart's Notice of Deposition in TTAB Proceeding, #4 Exhibit 4. Deposition Abstract of G. Templeton Blackburn II, #5 Exhibit 5. Deposition Abstract of Mike Burgess) (Adams, W.)
July 22, 2016 Filing 220 Declaration regarding #219 Memorandum in Support, #218 MOTION to Compel Fact Depositions of Variety Witnesses [Declaration of Matthew S. DeAntonio] by Wal-Mart Stores, 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) (Anderson, Corby)
July 22, 2016 Filing 219 Memorandum in Support regarding #218 MOTION to Compel Fact Depositions of Variety Witnesses by Wal-Mart Stores, Inc.. (Anderson, Corby)
July 22, 2016 Filing 218 MOTION to Compel Fact Depositions of Variety Witnesses filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
July 18, 2016 Opinion or Order Filing 217 **VACATED pursuant to DE #369 ** ORDER granting #214 Motion to Redact #212 Transcript. Signed by District Judge Terrence W. Boyle on 7/18/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
July 18, 2016 Motion Submitted to District Judge Terrence W. Boyle: #214 MOTION to Redact #212 Transcript (Unopposed). (Romine, L.)
July 12, 2016 NOTICE OF DEFICIENCY regarding: #216 Transcript Redaction Request. Redaction Request not in proper format. Please refile. (Thuemmel Proctor, S.)
July 8, 2016 Filing 216 Transcript Redaction Request (Selected Participants Only) regarding #212 Transcript,, by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Adams, W.)
July 8, 2016 Filing 215 Memorandum in Support regarding #214 MOTION to Redact #212 Transcript,, (Unopposed) filed by Variety Stores, Inc.. (Adams, W.)
July 8, 2016 Filing 214 MOTION to Redact #212 Transcript,, (Unopposed) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
June 24, 2016 Filing 213 Notice of Intent to Request Redaction filed by W. Thad Adams, III regarding #212 Transcript,,. (Adams, W.)
June 17, 2016 Filing 212 OFFICIAL TRANSCRIPT OF STATUS HEARING held on June 14, 2016, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/18/2016. (Thuemmel Proctor, S.)
June 17, 2016 NOTICE of Filing of Official Transcript #212 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
June 15, 2016 Opinion or Order Filing 211 **VACATED pursuant to DE #369 ** ORDER granting #157 Motion for Hearing; denying #164 Motion for Certificate of Appealability; denying #171 Motion in Limine; denying #179 Motion in Limine; and granting #189 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 6/15/2016. Counsel is reminded to read the order in its entirety for critical deadlines and information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
June 14, 2016 Filing 210 Minute Entry for proceedings held in Elizabeth City, NC before District Judge Terrence W. Boyle: Status Conference held on 6/14/2016. All parties present and ready to proceed. Written order to follow. (Court Reporter Sandra Graham) (Romine, L.)
June 6, 2016 Opinion or Order Filing 209 **VACATED pursuant to DE #369 ** ORDER regarding #208 Hearing. The Court hereby clarifies the scope of the 6/14/2016 hearing. Signed by District Judge Terrence W. Boyle on 6/6/2016. The parties are reminded to read the attached order in its entirety. (Downing, L.) Modified docket text on 5/17/2018 (Stouch, L.).
June 6, 2016 Filing 208 NOTICE of Hearing: Status Conference set for 6/14/2016 at 2:00 PM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Downing, L.)
May 20, 2016 Filing 207 STATUS REPORT (Joint) in Response to Court's Text Order of May 10, 2016 by Variety Stores, Inc. (Adams, W.)
May 20, 2016 Remark: #207 Status report referred to US Magistrate Judge Kimberly A. Swank for review. (Romine, L.)
May 10, 2016 Opinion or Order **VACATED pursuant to DE #369 ** TEXT ORDER: On or before 5/23/2016, the parties shall file a joint notice informing the court whether they have resolved the issues raised in the parties' letters [DE #191 & #194] or whether they are requesting that the court set aside time for a telephone conference to address the issues. Signed by Magistrate Judge Kimberly A. Swank on 5/10/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
April 21, 2016 Motions Submitted to US District Judge Terrence W. Boyle: #157 MOTION for Hearing on Disgorgement of Profits, #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b), #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers, #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP, #189 MOTION to Seal Document #188 PROPOSED SEALED Reply, #194 MOTION to Seal Document #193 PROPOSED SEALED Document,and #205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit. (Romine, L.)
April 19, 2016 Filing 206 Memorandum in Support regarding #205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit, filed by Variety Stores, Inc.. (Adams, W.)
April 19, 2016 Filing 205 MOTION to Seal Document #204 PROPOSED SEALED Exhibit, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
April 19, 2016 Filing 204 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #203 Response. (Adams, W.) Modified on 8/22/2016 to delete word 'proposed." (Romine, L.).
April 19, 2016 Filing 203 RESPONSE regarding #202 Response, #201 Response (Walmart's Letters of April 13 and April 15, 2016 filed by Variety Stores, Inc.. (Adams, W.)
April 15, 2016 Filing 202 RESPONSE by Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc. regarding #201 Response Amendment to Response (Chapman, Laura)
April 13, 2016 Filing 201 RESPONSE by Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc. regarding #192 Response, Variety's Letter to Magistrate Judge Swank dated April 11, 2016 (Anderson, Corby)
April 13, 2016 Filing 200 Notice of Appearance for non-district by Richard David Hosp on behalf of Wal-Mart Stores, Inc.. (Hosp, Richard)
April 12, 2016 Filing 199 Notice of Appearance for non-district by Elizabeth E. Brenckman on behalf of Wal-Mart Stores, Inc.. (Brenckman, Elizabeth)
April 12, 2016 Filing 198 Notice of Appearance for non-district by Sheryl K. Garko on behalf of Wal-Mart Stores, Inc.. (Garko, Sheryl)
April 12, 2016 Filing 197 Notice of Appearance for non-district by Mark S. Puzella on behalf of Wal-Mart Stores, Inc.. (Puzella, Mark)
April 11, 2016 Filing 196 REPLY to Response to Motion regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Adams, W.)
April 11, 2016 Filing 195 Memorandum in Support regarding #194 MOTION to Seal Document #193 PROPOSED SEALED Document, Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank filed by Variety Stores, Inc.. (Adams, W.)
April 11, 2016 Filing 194 MOTION to Seal Document #193 PROPOSED SEALED Document, Variety's Letter in Response to Walmart's Letter of April 7, 2016 to Magistrate Judge Swank filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
April 11, 2016 Filing 193 SEALED Document: (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #192 Response,. (Attachments: #1 Exhibit 1. Walmart's Response of March 18, 2016) (Adams, W.) Modified on 8/22/2016 to delete the word 'proposed.' (Romine, L.).
April 11, 2016 Filing 192 RESPONSE by Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc. regarding #191 Notice - other, Walmart's Letter to Magistrate Judge Swank of April 7, 2016 (Attachments: #1 Exhibit 2. Letter from T. Adams of March 30, 2016) (Adams, W.)
April 7, 2016 Filing 191 Notice filed by Wal-Mart Stores, Inc. Letter to Magistrate Judge Swank requesting discovery teleconference. (Attachments: #1 Exhibit Tab A - Letter dated 4/7/16, #2 Exhibit Tab B - Letter dated 2/25/16, #3 Exhibit Tab C - Letter dated 2/29/16, #4 Exhibit Tab D - Letter dated 3/7/16, #5 Exhibit Tab E - Letter dated 3/11/16) (Anderson, Corby)
March 29, 2016 Filing 190 Memorandum in Support regarding #189 MOTION to Seal Document #188 PROPOSED SEALED Reply, to Variety's Motion in Limine to Exclude Walmart's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Adams, W.)
March 29, 2016 Filing 189 MOTION to Seal Document #188 PROPOSED SEALED Reply, to Variety's Motion in Limine to Exclude Walmart's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
March 29, 2016 Filing 188 SEALED REPLY (Selected Participants Only) by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers. (Adams, W.) Modified on 11/22/2016 to delete the word 'PROPOSED.' (Stouch, L.).
March 25, 2016 Filing 187 Declaration regarding #186 Response in Opposition to Motion, Declaration of Matthew DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit 1 3/16/16 Letter from W. Thad Adams to C. Anderson, #3 Exhibit 2 2/29/16 Letter from L. Chapman to W. Thad Adams, #4 Exhibit 3 3/2/16 Letter from W. Thad Adams to Laura Chapman, #5 Exhibit 4 3/10/16 Letter from L. Chapman to W. Thad Adams, #6 Exhibit 5 3/14/16 Letter from W. Thad Adams to L. Chapman) (Anderson, Corby)
March 25, 2016 Filing 186 RESPONSE in Opposition regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
March 23, 2016 REMINDER TO COUNSEL as to Variety Stores, Inc. and Wal-Mart Stores, Inc. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Romine, L.)
March 14, 2016 Filing 185 Declaration regarding #182 Memorandum in Opposition, Declaration of Kent Van Liere by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A Van Liere CV, #2 Exhibit B Listing of Documents Reviewed) (Anderson, Corby)
March 14, 2016 Filing 184 Declaration regarding #182 Memorandum in Opposition, Second Declaration of Hal Poret by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Appendix A CV of Hal Poret) (Anderson, Corby)
March 14, 2016 Filing 183 Declaration regarding #182 Memorandum in Opposition, Declaration of Matthew DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Anderson, Corby)
March 14, 2016 Filing 182 Memorandum in Opposition regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers, #172 PROPOSED SEALED Memorandum in Support,, filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
March 9, 2016 Opinion or Order Filing 181 **VACATED pursuant to DE #369 ** ORDER denying #96 Motion to Compel; granting in part, denying in part, and dismissing as moot in part #107 Motion to Compel; granting in part, denying in part, and dismissing as moot in part #109 Motion for Protective Order; granting in part, denying in part, and dismissing as moot in part #111 Motion for Protective Order; and granting in part, denying in part, and dismissing as moot in part #115 Motion to Compel. Signed by Magistrate Judge Kimberly A. Swank on 3/9/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
March 1, 2016 Filing 180 Memorandum in Support regarding #179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Walmart's Supplemental Initial Disclosures, #2 Exhibit 2. E-mail from T. Adams to L. Chapman (Feb. 5, 2016), #3 Exhibit 3. Walmart's Initial Disclosures, #4 Exhibit 4. Letter from T. Adams to L. Chapman (Feb. 25, 2016)) (Adams, W.)
March 1, 2016 Filing 179 MOTION in Limine to Strike Defendant's Supplemental Initial Disclosures, Exclude Testimony and for Sanctions pursuant to Rules 16(f) and 37(c) FRCP filed by Variety Stores, Inc.. (Adams, W.)
February 25, 2016 Filing 178 REPLY to Response to Motion regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Wilkins, William)
February 25, 2016 Filing 177 REPLY to Response to Motion regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Adams, W.)
February 22, 2016 Opinion or Order Filing 176 **VACATED pursuant to DE #369 ** ORDER granting #174 Motion to Seal Document #172 PROPOSED SEALED Memorandum in Support. Signed by District Judge Terrence W. Boyle on 2/19/2016. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
February 19, 2016 Motion Submitted to US District Judge Terrence W. Boyle: #174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support with Exhibits 1-3. (Romine, L.)
February 18, 2016 Filing 175 Memorandum in Support regarding #174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support,, with Exhibits 1-3 filed by Variety Stores, Inc.. (Adams, W.)
February 18, 2016 Filing 174 Consent MOTION to Seal Document #172 PROPOSED SEALED Memorandum in Support,, with Exhibits 1-3 filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
February 18, 2016 Filing 173 Declaration regarding #172 PROPOSED SEALED Memorandum in Support,, by Variety Stores, Inc. filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 4. Article by Kent Van Liere, #2 Exhibit 5. Article by Eugene Ericksen & Melissa Pittaoulis, #3 Exhibit 6. Presentation of Hal Poret) (Adams, W.)
February 18, 2016 Filing 172 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers. (Attachments: #1 Exhibit 1. E-mail from L. Chapman to T. Adams (Jan. 28, 2016), #2 Exhibit 2. Expert Report of Kent Van Liere, #3 Exhibit 3. Expert Report of Graham D. Rogers) (Adams, W.) Modified on 2/22/2016 to seal docket pursuant to #176 Order. (Romine, L.).
February 18, 2016 Filing 171 MOTION in Limine to Exclude Defendant's Expert Reports and Testimony of Poret, Mantis, Van Liere and Rogers filed by Variety Stores, Inc.. (Adams, W.)
February 9, 2016 Filing 170 OFFICIAL TRANSCRIPT OF TELEPHONIC DISCOVERY CONFERENCE PROCEEDINGS held on January 29, 2016, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 3/4/2016. Redacted Transcript Deadline set for 3/14/2016. Release of Transcript Restriction set for 5/12/2016. (Thuemmel Proctor, S.)
February 9, 2016 Remark: #169 Status Report referred to US Magistrate Kimberly A. Swank for review. (Romine, L.)
February 9, 2016 NOTICE of Filing of Official Transcript #170 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
February 8, 2016 Filing 169 STATUS REPORT (Joint) pursuant to Discovery Hearing held on 1/29/16 by Wal-Mart Stores, Inc. (Anderson, Corby)
February 8, 2016 Filing 168 RESPONSE in Opposition regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
February 8, 2016 Filing 167 RESPONSE in Opposition regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Variety Stores, Inc.. (Adams, W.)
January 29, 2016 Filing 166 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Telephonic Discovery Hearing held on 1/29/2016. Counsel for each side participated. Court resumes the discussion of the pending matters from the discovery hearing held on 1/20/16. At the conclusion of this hearing: The COURT FINDS: Wal-Mart did not waive Attorney-Client Privilege by responses provided by Rule 30(b)(6) deponent. All matters raised in docket entries #96 , #107 , #111 have been resolved as a result of the court's rulings on 1/20/16 and 1/29/16. Motions #109 and #115 remain pending before the court. Parties shall submit a Joint Report informing the court of the status of these 2 motions by 2/8/16. (Court Reporter - FTR Gold) (Attachments: #1 Internal Court Notes) (Foell, S.)
January 29, 2016 Filing 165 Memorandum in Support regarding #164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit Ex. 1 - Unpublished Orders) (Wilkins, William)
January 29, 2016 Filing 164 MOTION for Certificate of Appealability pursuant to 28 U.S.C. 1292(b) filed by Wal-Mart Stores, Inc.. (Wilkins, William)
January 29, 2016 Filing 163 Notice of Appearance for non-district by William W. Wilkins on behalf of Wal-Mart Stores, Inc.. (Wilkins, William)
January 29, 2016 Filing 162 Notice of Appearance filed by Kirsten Elena Small on behalf of Wal-Mart Stores, Inc.. (Small, Kirsten)
January 26, 2016 Filing 161 OFFICIAL TRANSCRIPT OF DISCOVERY HEARING PROCEEDINGS held on January 20, 2016, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website Redaction Request due 2/19/2016. Redacted Transcript Deadline set for 2/29/2016. Release of Transcript Restriction set for 4/28/2016. (Thuemmel Proctor, S.)
January 26, 2016 NOTICE of Filing of Official Transcript #161 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
January 21, 2016 Filing 160 Sealed Notice to Parties for 1/29/16, Conference Call. (Available to: Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) (Foell, S.)
January 20, 2016 Filing 159 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Discovery Hearing held on 1/20/2016. Counsel for parties in attendance. Written order to follow hearing. Court sets matter for telephonic status conference on 1/29/2016 at 2:00 PM. (Court Reporter - FTR Gold) (Foell, S.)
January 15, 2016 Filing 158 Memorandum in Support regarding #157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Fifty Six Hope Road Music Ltd. v. AVELA Inc., 778 F.3d 1059 (2015), #2 Exhibit 2. Exclaim Marketing, LLC v. DirecTV, LLC, 2015 WL 5725692) (Adams, W.)
January 15, 2016 Filing 157 MOTION for Hearing on Disgorgement of Profits filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
January 15, 2016 Filing 156 STATUS REPORT (Joint) on Court-Ordered Discovery Meeting held on January 7, 2016 by Variety Stores, Inc. (Adams, W.)
January 5, 2016 Opinion or Order Filing 155 **VACATED pursuant to DE #369 ** ORDER directing parties to confer. In the event the parties are not able to resolve all discovery disputes, the parties shall submit to the court, on or before 1/15/2016, a joint report of their meeting. Signed by Magistrate Judge Kimberly A. Swank on 1/5/2016. Counsel is reminded to read the order in its entirety for critical information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
December 21, 2015 Filing 154 Notice filed by Variety Stores, Inc. regarding #107 MOTION to Compel Rule 30(b)(6) Deposition and withdrawal of topics 4 and 13. (Adams, W.)
December 14, 2015 Filing 153 Notice of Appearance filed by Christina Davidson Trimmer on behalf of Variety Stores, Inc.. (Trimmer, Christina)
December 10, 2015 Opinion or Order Filing 152 **VACATED pursuant to DE #369 ** Order Setting Hearings - Discovery Hearing set for 1/20/2016 at 10:00 AM in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 12/9/2015. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
December 9, 2015 Opinion or Order Filing 151 **VACATED pursuant to DE #369 ** ORDER regarding #149 . The seal on this document is LIFTED. Signed by District Judge Terrence W. Boyle on 12/9/2015. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
December 9, 2015 Motions Referred to US Magistrate Judge Kimberly A. Swank : #107 MOTION to Compel Rule 30(b)(6) Deposition, #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures, #96 Third MOTION to Compel, #111 MOTION for Protective Order, #109 MOTION for Protective Order. (Romine, L.)
December 8, 2015 Opinion or Order Filing 150 **VACATED pursuant to DE #369 ** ORDER referring #96 Motion to Compel; granting #104 Motion for Leave to File; referring #107 Motion to Compel; referring #109 Motion for Protective Order; referring #111 Motion for Protective Order; referring #115 Motion to Compel; granting #123 Motion for Leave to File; granting #125 Motion for Leave to File; granting #143 Motion for Extension of Time; and granting #146 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 12/7/2015. Counsel is reminded to read the order in its entirety for critical information. (Romine, L.) Modified docket text on 5/17/2018 (Stouch, L.).
December 8, 2015 Opinion or Order Filing 149 **VACATED pursuant to DE #369 ** ORDER granting #43 Motion for Summary Judgment (partial); granting #45 Motion to Seal Document; denying #49 Motion for Summary Judgment; granting #57 Motion to Seal Document; granting #91 Motion to Seal Document; granting #94 Motion to Seal Document; and granting #98 Motion to Seal Document. Signed by District Judge Terrence W. Boyle on 12/7/2015. (Romine, L.) Modified on 12/9/2015 to unseal pursuant to #151 Order (Romine, L.). Modified docket text on 5/17/2018 (Stouch, L.).
November 30, 2015 Motions Submitted to US District Judge Terrence W. Boyle: #146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] and #143 MOTION for Extension of Time to Serve Rebuttal Expert Report. (Romine, L.)
November 24, 2015 Filing 148 RESPONSE to Motion regarding #143 MOTION for Extension of Time to Serve Rebuttal Expert Report Wal-Mart Stores, Inc.'s Opposition To Motion For An Extension Of Time To Serve Rebuttal Expert Report filed by Wal-Mart Stores, Inc.. (Chapman, Laura)
November 23, 2015 DISREGARD: Docketed in wrong case. Remark: #15 CONSENT by Parties to Jurisdiction by US Magistrate Judge submitted to US District Judge Terrence W. Boyle for review. (Romine, L.) Modified on 11/23/2015 (Romine, L.).
November 16, 2015 Filing 147 Memorandum in Support regarding #146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] filed by Variety Stores, Inc.. (Adams, W.)
November 16, 2015 Filing 146 MOTION to Seal Document #145 PROPOSED SEALED Exhibit, to [DE 144] filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
November 16, 2015 Filing 145 SEALED Exhibit (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #144 Memorandum in Support. (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #150 Order (Romine, L.).
November 16, 2015 Filing 144 Memorandum in Support regarding #143 MOTION for Extension of Time to Serve Rebuttal Expert Report filed by Variety Stores, Inc.. (Adams, W.)
November 16, 2015 Filing 143 MOTION for Extension of Time to Serve Rebuttal Expert Report filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
November 9, 2015 Remark: #142 Memorandum in Opposition regarding #141 Response submitted to US District Judge Terrence W. Boyle for review. (Romine, L.)
November 6, 2015 Filing 142 Memorandum in Opposition regarding #141 Response filed by Variety Stores, Inc.. (Adams, W.)
November 6, 2015 Remark: #141 Response submitted to US District Judge Terrence W. Boyle for review. (Romine, L.)
November 5, 2015 Filing 141 RESPONSE regarding #134 PROPOSED SEALED Document, Response By Defendant Wal-Mart Stores, Inc. To Plaintiff's Supplemental Memorandum filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A) (Chapman, Laura)
November 5, 2015 Filing 140 *CORRECTED* OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS (Corrected as to attorneys listed on cover page) held on October 26, 2015, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 11/29/2015. Redacted Transcript Deadline set for 12/9/2015. Release of Transcript Restriction set for 2/6/2016. (Thuemmel Proctor, S.)
November 5, 2015 NOTICE OF CORRECTION regarding: #139 Transcript. Transcript corrected as to attorneys listed on cover page. See next entry. (Thuemmel Proctor, S.)
November 5, 2015 NOTICE of Filing of Official Transcript #140 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
November 2, 2015 NOTICE of Filing of Official Transcript #139 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
October 30, 2015 Filing 139 OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on October 26, 2015, before District Judge Terrence W. Boyle. Court Reporter Sandra Graham. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 11/23/2015. Redacted Transcript Deadline set for 12/3/2015. Release of Transcript Restriction set for 1/31/2016. (Thuemmel Proctor, S.)
October 30, 2015 Opinion or Order Filing 138 ORDER granting #135 Motion to Seal Document #134 PROPOSED SEALED Document. Signed by District Judge Terrence W. Boyle on 10/30/2015. (Romine, L.)
October 29, 2015 Filing 137 Proposed Order regarding #135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.)
October 29, 2015 Motion Submitted to District Judge Terrence W. Boyle: #135 MOTION to Seal Document #134 PROPOSED SEALED Document: Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing. (Romine, L.)
October 29, 2015 Remark: #134 Proposed sealed document submitted to US District Judge for review. (Romine, L.)
October 29, 2015 Notice to Counsel regarding: #135 Motion to Seal Document. Counsel failed to attach a proposed order pursuant to Section M of the CM/ECF Policy Manual. Counsel is directed to file a proposed order using the event proposed order located in the Responses and Replies category. (Romine, L.)
October 28, 2015 Filing 136 Memorandum in Support regarding #135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.)
October 28, 2015 Filing 135 MOTION to Seal Document #134 PROPOSED SEALED Document, Variety's Supplemental Memorandum to Address Questions asked by Court at October 26, 2015 Summary Judgment Hearing filed by Variety Stores, Inc.. (Adams, W.)
October 28, 2015 Filing 134 SEALED Document: (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit 1. Wal-Mart's Pre-Launch Survey) (Adams, W.) Modified on 10/30/2015: Sealed pursuant to #138 Order. (Romine, L.).
October 26, 2015 Filing 133 Minute Entry for proceedings held in Elizabeth City, NC before US District Judge Terrence W. Boyle: Motion Hearing held on 10/26/2015. All parties present and ready to proceed. Written order to follow. (Court Reporter Sandra Graham) (Romine, L.)
October 23, 2015 Reset Hearing: Motion Hearing set for 10/26/2015 at 10:30 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.)
October 21, 2015 Filing 132 Notice of Change of Address filed by Samuel A. Long, Jr filed by on behalf of Variety Stores, Inc.. (Long, Samuel)
October 21, 2015 Filing 131 Notice of Change of Address filed by W. Thad Adams, III filed by on behalf of Variety Stores, Inc.. (Adams, W.)
October 6, 2015 Opinion or Order Filing 130 ORDER granting #129 Motion to Continue and Motion for Extension of time for the service of Expert Reports. Signed by District Judge Terrence W. Boyle on 10/6/2015. (Romine, L.)
October 6, 2015 Reset Hearing: Motion Hearing set for 10/26/2015 at 10:00 AM in Elizabeth City - Courtroom before District Judge Terrence W. Boyle. (Romine, L.)
October 2, 2015 Filing 129 Consent MOTION to Continue Hearing Date and Joint Motion for Extension of Time to Serve Expert Reports filed by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Anderson, Corby)
October 2, 2015 Motion Submitted to US District Judge Terrence W. Boyle: #129 Consent MOTION to Continue Hearing Date and Joint Motion for Extension of Time to Serve Expert Reports. (Romine, L.)
September 24, 2015 Filing 128 NOTICE of Hearing on Motions: Motion Hearing set for 10/16/2015 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before District Judge Terrence W. Boyle. (Romine, L.)
September 3, 2015 Motion Submitted to US District Judge Terrence W. Boyle: #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107), #111 MOTION for Protective Order , #109 MOTION for Protective Order , #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures and #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109). (Romine, L.)
September 2, 2015 Filing 127 RESPONSE in Opposition regarding #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109), #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Wal-Mart Stores, Inc.. (Chapman, Laura)
August 21, 2015 Filing 126 Memorandum in Support regarding #125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.)
August 21, 2015 Filing 125 MOTION for Leave to File a Reply in Support of its Motion for Protective Order (Doc. 109) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
August 21, 2015 Filing 124 Memorandum in Support regarding #123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.)
August 21, 2015 Filing 123 MOTION for Leave to File a Reply in Support of its Motion to Compel Rule 30(b)(6) Deposition (Doc. 107) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
August 19, 2015 Filing 122 Notice filed by Wal-Mart Stores, Inc. regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures (Notice Of Correction). (Attachments: #1 Exhibit 1) (Agness, Bridgette)
August 19, 2015 Motions Submitted to US District Judge Terrence W. Boyle: #43 Motion for Summary Judgment (partial); #45 Motion to Seal; #94 Motion to Seal; #49 Motion for Summary Judgment; #57 Motion to Seal; #91 Motion to Seal; #96 Third Motion to Compel; #98 Motion to Seal; #104 Motion for Leave to File Reply; #107 Motion to Compel Rule 36(b) Depositions. (Romine, L.)
August 17, 2015 Filing 121 RESPONSE in Opposition regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. Walmart's email of August 5, 2015.) (Adams, W.)
August 6, 2015 Filing 120 RESPONSE in Opposition regarding #109 MOTION for Protective Order filed by Wal-Mart Stores, 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) (Agness, Bridgette)
August 6, 2015 Filing 119 RESPONSE in Opposition regarding #111 MOTION for Protective Order filed by Variety Stores, Inc.. (Adams, W.)
August 6, 2015 Filing 117 RESPONSE in Opposition regarding #107 MOTION to Compel Rule 30(b)(6) Deposition filed by Wal-Mart Stores, 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) (Agness, Bridgette)
July 31, 2015 Filing 116 Memorandum in Support regarding #115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Agness, Bridgette)
July 31, 2015 Filing 115 First MOTION to Compel Rule 30(b)(6) Deposition, Interrogatory Responses, and Supplemental Initial Disclosures filed by Wal-Mart Stores, Inc.. (Agness, Bridgette)
July 21, 2015 Filing 114 Notice of Substitution of Counsel filed by Jamin S. Soderstrom on behalf of Variety Stores, Inc. substituting for Samuel G. Brooks. (Soderstrom, Jamin)
July 21, 2015 Filing 113 Notice of Appearance for non-district by Jamin S. Soderstrom on behalf of Variety Stores, Inc.. (Soderstrom, Jamin)
July 20, 2015 Filing 112 Memorandum in Support regarding #111 MOTION for Protective Order filed by Wal-Mart Stores, 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) (Agness, Bridgette)
July 20, 2015 Filing 111 MOTION for Protective Order filed by Wal-Mart Stores, Inc.. (Agness, Bridgette)
July 20, 2015 Filing 110 Memorandum in Support regarding #109 MOTION for Protective Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. May 22, 2015 Email to Variety, #2 Exhibit B. June 12, 2015 Walmart Deposition Notice, #3 Exhibit C. June 23, 2015 Letter to Walmart, #4 Exhibit D. February 10, 2014 Notice of Deposition, #5 Exhibit E. Chart Comparing Deposition Topics) (Adams, W.)
July 20, 2015 Filing 109 MOTION for Protective Order filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 20, 2015 Filing 108 Memorandum in Support regarding #107 MOTION to Compel Rule 30(b)(6) Deposition filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. May 27, 2015 Notice of Deposition, #2 Exhibit B. June 16, 2015 Email to Walmart, #3 Exhibit C. June 18, 2015 Letter to Variety, #4 Exhibit D. June 22, 2015 Letter to Walmart, #5 Exhibit E. July 6, 2015 Letter to Walmar, #6 Exhibit F. July 7, 2015 Letter to Variety, #7 Exhibit G. July 10, 2015 Letter to Variety, #8 Exhibit H. July 20, 2015 Letter to Walmart, #9 Exhibit I. May 19, 2015 Hearing Transcript) (Adams, W.)
July 20, 2015 Filing 107 MOTION to Compel Rule 30(b)(6) Deposition filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 10, 2015 Filing 106 RESPONSE in Opposition regarding #104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Wal-Mart Stores, Inc.. (Chapman, Laura)
July 8, 2015 Filing 105 Memorandum in Support regarding #104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Proposed Reply) (Adams, W.)
July 8, 2015 Filing 104 MOTION for Leave to File a Reply in Support of its Motion to Compel (Doc. 97) filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 6, 2015 Filing 103 RESPONSE in Opposition regarding #96 Third MOTION to Compel filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
June 29, 2015 Filing 102 Declaration regarding #100 Reply to Response to Motion Declaration of George Mantis by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A List of Cases) (Anderson, Corby)
June 29, 2015 Filing 101 Declaration regarding #100 Reply to Response to Motion Declaration of Hal Poret by Wal-Mart Stores, Inc.. (Anderson, Corby)
June 29, 2015 Filing 100 REPLY to Response to Motion regarding #49 MOTION for Summary Judgment filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1 Trademark and Deceptive Advertising Surveys, #2 Exhibit 2 VW Webpage) (Anderson, Corby)
June 19, 2015 Filing 99 Memorandum in Support regarding #98 MOTION to Seal Document #97 PROPOSED SEALED Memorandum in Support, filed by Variety Stores, Inc.. (Shaw, Scott)
June 19, 2015 Filing 98 MOTION to Seal Document #97 PROPOSED SEALED Memorandum in Support, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Shaw, Scott)
June 19, 2015 Filing 97 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #96 Third MOTION to Compel . (Attachments: #1 Exhibit A - Walmart's Privilege Logs, #2 Exhibit B - Walmart's Objections to Variety's 30(b)(6) Notice of Deposition) (Shaw, Scott) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.).
June 19, 2015 Filing 96 Third MOTION to Compel filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Shaw, Scott)
June 15, 2015 Filing 95 Memorandum in Support regarding #94 MOTION to Seal Document #93 PROPOSED SEALED Reply, filed by Variety Stores, Inc.. (Adams, W.)
June 15, 2015 Filing 94 MOTION to Seal Document #93 PROPOSED SEALED Reply, filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
June 15, 2015 Filing 93 SEALED REPLY (Selected Participants Only) by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.).
June 11, 2015 Filing 92 Memorandum in Support regarding #91 MOTION to Seal Document #90 PROPOSED SEALED Response,, in Opposition to Wal-Mart Stores, Inc.'s Motion for Summary Judgment filed by Variety Stores, Inc.. (Adams, W.)
June 11, 2015 Filing 91 MOTION to Seal Document #90 PROPOSED SEALED Response,, in Opposition to Wal-Mart Stores, Inc.'s Motion for Summary Judgment filed by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
June 11, 2015 Filing 90 SEALED RESPONSE (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #49 MOTION for Summary Judgment . (Attachments: #1 Exhibit 1. Summation Table, #2 Exhibit 2. Brand Packaging Article, #3 Exhibit 3. Power of Packaging Article, #4 Exhibit 4. Discount Store - Wikipedia, #5 Exhibit 5. Rebuttal Expert Report - Hollander, #6 Exhibit 6. Rebuttal Expert Report - Klein, #7 Exhibit 7. Table of Trademark Reasonable Royalty Cases) (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.).
June 10, 2015 Filing 89 Notice of Appearance for non-district by Samuel G. Brooks on behalf of Variety Stores, Inc.. (Brooks, Samuel)
June 10, 2015 Filing 88 Notice of Appearance for non-district by Scott P. Shaw on behalf of Variety Stores, Inc.. (Shaw, Scott)
June 8, 2015 Opinion or Order Filing 87 ORDER granting #73 Motion to Withdraw as Attorney. Attorney Jacob S. Wharton, David R. Boaz and John F. Morrow, Jr terminated. Signed by District Judge Terrence W. Boyle on 6/8/2015. (Marsh, K)
June 8, 2015 Opinion or Order Filing 86 ORDER granting #63 Motion to Seal No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment. Signed by District Judge Terrence W. Boyle on 6/8/2015. (Marsh, K)
June 4, 2015 Motion submitted to US District Judge Terrence W. Boyle regarding #73 MOTION to Withdraw as Attorney for John F. Morrow, Jr., Jacob S. Wharton, David R. Boaz, and Womble Carlyle Sandridge & Rice, LLP. (Downing, L.)
May 29, 2015 Filing 85 NOTICE of Appearance for non-district by Bridgette A. Agness on behalf of Wal-Mart Stores, Inc. (Agness, Bridgette)
May 29, 2015 Filing 84 NOTICE of Appearance by Laura L. Chapman on behalf of Wal-Mart Stores, Inc. (Chapman, Laura)
May 28, 2015 Filing 83 NOTICE by Wal-Mart Stores, Inc. regarding #74 PROPOSED SEALED Response, Index to Unpublished Decisions (Attachments: #1 Unpublished Decision # 1, #2 Unpublished Decision # 2, #3 Unpublished Decision # 3, #4 Unpublished Decision # 4, #5 Unpublished Decision # 5, #6 Unpublished Decision # 6, #7 Unpublished Decision # 7, #8 Unpublished Decision # 8) (Anderson, Corby)
May 28, 2015 Filing 82 REDACTION to #74 PROPOSED SEALED Response, Redacted Opposition to Variety Stores, Inc.'s Motion for Partial Summary Judgment by Wal-Mart Stores, Inc.. (Anderson, Corby)
May 28, 2015 Filing 81 NOTICE by Wal-Mart Stores, Inc. regarding #74 PROPOSED SEALED Response, Notice of Filing Under Seal (Anderson, Corby)
May 28, 2015 Filing 80 Declaration regarding #74 PROPOSED SEALED Response, Supplemental Declaration of Karen Dineen by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Anderson, Corby)
May 28, 2015 Filing 79 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 3) (Anderson, Corby)
May 28, 2015 Filing 78 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 2) (Anderson, Corby)
May 28, 2015 Filing 77 NOTICE by Wal-Mart Stores, Inc. regarding #75 Declaration of M. DeAntonio (Exhibit B Part 1) (Anderson, Corby)
May 28, 2015 Opinion or Order Filing 76 ORDER granting #71 Motion for Extension of Time to File Response to Motions for Summary Judgment #43 and #49 . MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment Wal-Mart's time to respond is extended to 6/8/2015 and Variety's time to respond is extended to 6/11/2015. Signed by Magistrate Judge Kimberly A. Swank on 5/28/2015. (Foell, S.)
May 28, 2015 Filing 75 Declaration regarding #74 PROPOSED SEALED Response, Declaration of Matthew S. DeAntonio by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A Expert Report of George Mantis) (Anderson, Corby)
May 28, 2015 Filing 74 PROPOSED SEALED RESPONSE (Selected Participants Only)by Wal-Mart Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Anderson, Corby)
May 27, 2015 MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #71 Consent MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment. (Marsh, K)
May 26, 2015 Filing 73 MOTION to Withdraw as Attorney for John F. Morrow, Jr., Jacob S. Wharton, David R. Boaz, and Womble Carlyle Sandridge & Rice, LLP by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Boaz, David)
May 26, 2015 Filing 72 OFFICIAL TRANSCRIPT OF MOTION HEARING PROCEEDINGS held on May 19, 2015, before Magistrate Judge Kimberly A. Swank. Transcriber Janice Russell Transcripts. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website. Redaction Request due 6/19/2015. Redacted Transcript Deadline set for 6/29/2015. Release of Transcript Restriction set for 8/27/2015. (Thuemmel Proctor, S.)
May 26, 2015 NOTICE of Filing of Official Transcript #72 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Thuemmel Proctor, S.)
May 22, 2015 Filing 71 Consent MOTION for Extension of Time to File Response/Reply as to #43 MOTION for Summary Judgment (Partial), #49 MOTION for Summary Judgment by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
May 22, 2015 Filing 70 NOTICE of Appearance by Matthew S. DeAntonio on behalf of Wal-Mart Stores, Inc. (DeAntonio, Matthew)
May 22, 2015 Filing 69 NOTICE of Appearance by Corby C. Anderson on behalf of Wal-Mart Stores, Inc. (Anderson, Corby)
May 22, 2015 MOTION NO LONGER REFERRED to Julie Richards Johnston, Clerk of Court: #71 Consent Motion for Extension of Time to File Responses as to Motions for Summary Judgment. (Fisher, M.)
May 22, 2015 MOTION REFERRED to Julie Richards Johnston, Clerk of Court: #71 Consent Motion for Extension of Time to File Responses to Motions for Summary Judgment. (Fisher, M.)
May 19, 2015 Filing 68 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Motion Hearing held on 5/19/2015 regarding Motions #24 , #28 , #34 . Each party represented by counsel. Court hears arguments on motions. Oral ruling entered with written order to follow. (Court Reporter - FTR Gold) (Foell, S.)
May 19, 2015 Opinion or Order Filing 67 ORDER GRANTING #37 Plaintiff's Motion for Leave to File Reply: The plaintiff's proposed reply shall be entered into the record. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. (Fisher, M.)
May 19, 2015 Opinion or Order Filing 66 ORDER GRANTING #26 Plaintiff's Motion to Seal their #25 Memorandum in Support of the Motion to Compel. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. (Fisher, M.)
May 19, 2015 Opinion or Order Filing 65 ORDER DENYING #24 Plaintiff's Motion to Compel Production of Documents, DISMISSING AS MOOT #28 Plaintiff's Second Motion to Compel Production of Documents, and GRANTING #34 Plaintiff's Motion for Extension of Time to Complete Discovery and Amend the Scheduling Order. Discovery shall be completed by 8/4/2015 and all potentially dispositive motions shall be filed by 11/16/2015. Signed by US Magistrate Judge Kimberly A. Swank on 5/19/2015. Please read the order in its entirety for critical information and deadlines. (Fisher, M.)
May 19, 2015 Filing 64 Memorandum in Support regarding #63 Consent MOTION to Seal Document No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment filed by Variety Stores, Inc.. (Adams, W.)
May 19, 2015 Filing 63 Consent MOTION to Seal Document No. 51-3 (Exhibit G) to Affidavit in Support of Wal-Mart's Motion for Summary Judgment by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
May 19, 2015 MOTIONS SUBMITTED to US District Judge Terrence W. Boyle: #45 Plaintiff's Motion for Leave to File Memorandum in Support Under Seal, #57 Defendant's Motoin for Leave to File Under Seal, and #63 Plaintiff's Motion to File Affidavit Under Seal. (Fisher, M.)
May 8, 2015 Filing 62 Declaration regarding #50 PROPOSED SEALED Memorandum in Support, (Karen Dineen) by Wal-Mart Stores, Inc.. (Morrow, John)
May 8, 2015 Filing 61 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Jan Morton) by Wal-Mart Stores, Inc.. (Morrow, John)
May 8, 2015 Filing 60 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Robert Puglisi) by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A -- Third-Party Usage) (Morrow, John)
May 8, 2015 Filing 59 NOTICE by Wal-Mart Stores, Inc. regarding #50 PROPOSED SEALED Memorandum in Support, #55 PROPOSED SEALED Exhibit, #52 PROPOSED SEALED Exhibit, #53 PROPOSED SEALED Exhibit, #56 PROPOSED SEALED Exhibit (Morrow, John)
May 8, 2015 Filing 58 Memorandum in Support regarding #57 MOTION to Seal Document #54 PROPOSED SEALED Exhibit D filed by Wal-Mart Stores, Inc.. (Morrow, John)
May 8, 2015 Filing 57 MOTION to Seal Document #54 PROPOSED SEALED Exhibit D by Wal-Mart Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Morrow, John)
May 8, 2015 Filing 56 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John)
May 8, 2015 Filing 55 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John)
May 8, 2015 Filing 54 SEALED Exhibit (Selected Participants Only)by (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.).
May 8, 2015 Filing 53 PROPOSED SEALED Exhibit (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John)
May 8, 2015 Filing 52 PROPOSED SEALED Exhibit (Selected Participants Only)by (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #51 Affidavit,,,. (Morrow, John)
May 8, 2015 Filing 51 AFFIDAVIT regarding #50 PROPOSED SEALED Memorandum in Support, (Karen Angell) by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Variety Circulars, #2 Exhibit F -- List of Products, #3 Exhibit G - SEALED Variety's Interrogatory Responses, #4 Exhibit H - Google Search Results, #5 Exhibit I -- Variety's Initial Disclosures, #6 Exhibit J -- Variety's Responses to Requests for Admission, #7 Exhibit K (part1)-- Expert Report Hal Poret, #8 Exhibit K (part 2) -- Expert Report of Hal Poret, #9 Exhibit M -- Wal-mart Advertisements, #10 Exhibit N -- Definition of "backyard", #11 Exhibit O -- Definition of "BBQ", #12 Exhibit P -- Definition of "barbeque") (Morrow, John) Modified on 5/18/2015 pursuant to request from the parties. (Fisher, M.) Modified on 6/8/2015 to unseal document and seal ONLY exhibit G pursuant to order entered 6/8/2015 (Marsh, K)
May 8, 2015 Filing 50 PROPOSED SEALED Memorandum in Support (Selected Participants Only)by Wal-Mart (available to: Mediator J Dickson Phillips, III, Plaintiff Variety Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #49 MOTION for Summary Judgment . (Morrow, John)
May 8, 2015 Filing 49 MOTION for Summary Judgment by Wal-Mart Stores, Inc.. (Morrow, John)
May 5, 2015 Filing 48 NOTICE by Wal-Mart Stores, Inc. regarding #47 Notice of Appearance for Non-District Counsel (NOTICE OF WITHDRAWAL) (Morrow, John)
May 5, 2015 Filing 47 NOTICE of Appearance for non-district by John F. Morrow, Jr on behalf of Wal-Mart Stores, Inc. (Morrow, John)
May 4, 2015 Filing 46 Memorandum in Support regarding #45 MOTION to Seal Document #44 PROPOSED SEALED Memorandum in Support,,,, filed by Variety Stores, Inc.. (Adams, W.)
May 4, 2015 Filing 45 MOTION to Seal Document #44 PROPOSED SEALED Memorandum in Support,,,, by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order for Motion to Seal Doc. 44.) (Adams, W.)
May 4, 2015 Filing 44 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff, Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #43 MOTION for Summary Judgment (Partial). (Attachments: #1 Index Exhibit List, #2 Exhibit 1. Variety's Trademark Registration, #3 Exhibit 2. Wal-Mart's Financials, #4 Exhibit 3. Deposition of George Templeton Blackburn, II, #5 Exhibit 4. Deposition of Vivian Adcock, #6 Exhibit 5. Declaration of Dean Floyd, #7 Exhibit 6. Deposition of Michael Burgess, #8 Exhibit 7. Examples of Variety's Use of the BACKYARD trademark, #9 Exhibit 8. Variety's Responses to Wal-Mart's Interrogatories in the Trademark Trial and Appeal Board action, #10 Exhibit 9. Declaration of George Templeton Blackburn, II, #11 Exhibit 10. Deposition of Karen Dineen, #12 Exhibit 11. Wal-Mart email discussing private label name, #13 Exhibit 12. Wal-Mart email with final decision on BACKYARD BBQ, #14 Exhibit 13. Wal-Mart's Privilege Log, #15 Exhibit 14. Wal-Mart's Review of Other Stores) (Adams, W.) Modified on 12/8/2015 to seal document pursuant to #149 Order (Romine, L.)
May 4, 2015 Filing 43 MOTION for Summary Judgment (Partial) by Variety Stores, Inc.. (Adams, W.)
April 27, 2015 Opinion or Order Filing 42 ORDER Setting Hearing on Motion #24 MOTION to Compel Production of Documents, #28 Second MOTION to Compel Production of Documents; #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order: Motions Hearing set for 5/19/2015 at 11:00 a.m. in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 4/27/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
April 10, 2015 Filing 41 REPLY to Response to Motion regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Walmart's email of March 31, 2015.) (Adams, W.)
April 8, 2015 MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support, #28 Second MOTION to Compel Production of Documents, #24 MOTION to Compel Production of Documents. (Marsh, K)
April 8, 2015 MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1, #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order. (Marsh, K)
April 3, 2015 Filing 40 RESPONSE in Opposition regarding #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 filed by Wal-Mart Stores, Inc.. (Boaz, David)
April 3, 2015 Filing 39 RESPONSE in Opposition regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - March 12, 2015 Email, #2 Exhibit B - 2014 Production Letters, #3 Exhibit C - January 13, 2015 Letter, #4 Exhibit D - February 18, 2015 Email, #5 Exhibit E - March 31, 2015 Email) (Boaz, David)
March 30, 2015 REMINDER TO COUNSEL as to Variety Stores, Inc. regarding DE #25 . Pursuant to Judge Boyle's Practice and Procedures located on the court's website, http://www.nced.uscourts.gov/html/chambersTWB.htm, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Downing, L.)
March 27, 2015 Filing 38 Memorandum in Support regarding #37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Declaration of Cecilia Sidebottom, #2 Exhibit 2. Proposed Reply) (Adams, W.)
March 27, 2015 Filing 37 First MOTION for Leave to File Reply Pursuant to Local Civil Rule 1.1 by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
March 26, 2015 Filing 36 NOTICE of Appearance by Samuel A. Long, Jr on behalf of Variety Stores, Inc. (Long, Samuel)
March 23, 2015 Filing 35 Memorandum in Support regarding #34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Variety's Document Requests, #2 Exhibit 2. Variety's Notice of 30(b)(6) Deposition, #3 Exhibit 3. Variety's email of 3-12-2015 requesting supplementation) (Adams, W.)
March 23, 2015 Filing 34 First MOTION for Extension of Time to Complete Discovery and Amend Scheduling Order by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
March 18, 2015 Filing 33 AFFIDAVIT regarding #31 Response in Opposition to Motion, (Motions to Compel) by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Morrow, John)
March 18, 2015 Filing 32 AFFIDAVIT regarding #31 Response in Opposition to Motion, (Motions to Compel) by Wal-Mart Stores, Inc. filed by Wal-Mart Stores, Inc.. (Attachments: #1 Index to Exhibits, #2 Exhibit A: Document Requests from Opposition Proceeding, #3 Exhibit B: November 25, 2014 Letter, #4 Exhibit C: December 4, 2014 Emails, #5 Exhibit D: December 10, 2015 Email, #6 Exhibit E: January 7, 2015 Email, #7 Exhibit F: January 20, 2015 Email, #8 Exhibit G: January 21, 2015 Email, #9 Exhibit H: January 26-27 Letters, #10 Exhibit I: February 2, 2015 Letter from Variety, #11 Exhibit J: February 2, 2015 Letter from Walmart, #12 Exhibit K: March 5, 2015 2:16 PM Email to Variety, #13 Exhibit L: March 6, 2015 Email from Alex Long, #14 Exhibit M: March 9, 2015 Email, #15 Exhibit N: March 10, 2015 email from Morrow to Long, #16 Exhibit O: March 12 and 17, 2015 Emails, #17 Exhibit P: Wal-Mart's Chart Showing Extensive Production of Documents) (Morrow, John)
March 18, 2015 Filing 31 RESPONSE in Opposition regarding #24 MOTION to Compel Production of Documents, #28 Second MOTION to Compel Production of Documents filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit 1: Variety's Responses to First Set of Interrogatories, #2 Exhibit 2: Request for Production in Opposition Proceeding, #3 Exhibit 3: Excerpts of Blackburn Deposition, #4 Exhibit 4: Variety's Response to Request for Admission) (Morrow, John)
March 13, 2015 Filing 30 RESPONSE to Motion regarding #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, filed by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A - Opposition Proceeding Protective Order) (Boaz, David)
March 5, 2015 Filing 29 Memorandum in Support regarding #28 Second MOTION to Compel Production of Documents filed by Variety Stores, Inc.. (Adams, W.)
March 5, 2015 Filing 28 Second MOTION to Compel Production of Documents by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
March 3, 2015 Filing 27 Memorandum in Support regarding #26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, filed by Variety Stores, Inc.. (Adams, W.)
March 3, 2015 Filing 26 MOTION to Seal Document #25 PROPOSED SEALED Memorandum in Support,,,,, by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
March 3, 2015 Filing 25 SEALED Memorandum in Support (Selected Participants Only)by Plaintiff Variety Stores, Inc. (available to: Plaintiff Variety Stores, Inc., Counter Defendant Variety Stores, Inc., Counter Claimant Wal-Mart Stores, Inc., Defendant Wal-Mart Stores, Inc.) regarding #24 MOTION to Compel Production of Documents. (Attachments: #1 Exhibit 1. Karen Dineen Deposition Transcript, #2 Exhibit 2. Walmart's 2011 Sales Data, #3 Exhibit 3. Variety's Motion to Suspend TTAB Action, #4 Exhibit 4. Walmart's Unopposed Response to TTAB Motion, #5 Exhibit 5. TTAB Order granting Motion to Suspend, #6 Exhibit 6. Variety's Document Requests, #7 Exhibit 7. Walmart's Responses to Document Requests, #8 Exhibit 8. Correspondence from Variety to Walmart of 11-5-2014, #9 Exhibit 9. Correspondence from Walmart to Variety of 11-20-2014, #10 Exhibit 10. Correspondence from Variety to Walmart of 11-25-2014, #11 Exhibit 11. Email of 12-2-2014 requesting Meet and Confer, #12 Exhibit 12. Email of 1-20-2015 requesting documents, #13 Exhibit 13. Email of 1-21-2015 from Walmart, #14 Exhibit 14. Correspondence from Variety to Walmart of 2-2-2015, #15 Exhibit 15. Correspondence from Walmart to Variety of 2-2-2015, #16 Exhibit 16. Walmart's Home Brand Lexicon) (Adams, W.) Modified on 5/19/2015 to permanently seal document. (Fisher, M.)
March 3, 2015 Filing 24 MOTION to Compel Production of Documents by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
October 22, 2014 Opinion or Order Filing 23 ORDER Appointing Mediator J Dickson Phillips, III. Signed by Julie A. Richards, Clerk of Court on 10/22/14. (Horton, B.)
September 8, 2014 Filing 22 SELECTION OF J. Dickson Phillips III as mediator. (Adams, W.)
August 25, 2014 Opinion or Order Filing 21 ORDER GRANTING #19 Joint Motion for Extension of Time to select a mediator. The partise have up to and including 9/8/2014 for filing their selection. Signed by US Magistrate Judge Kimberly A. Swank on 8/25/2014. (Fisher, M.)
August 22, 2014 Filing 20 Memorandum in Support regarding #19 Joint MOTION for Extension of Time To File Statement Identifying Selected Mediator filed by Variety Stores, Inc.. (Adams, W.)
August 22, 2014 Filing 19 Joint MOTION for Extension of Time To File Statement Identifying Selected Mediator by Variety Stores, Inc.. (Adams, W.)
August 22, 2014 MOTION REFERRED to US Magistrate Judge Kimberly A. Swank: #19 Joint Motion for Extension of Time To File Statement Identifying Selected Mediator. (Fisher, M.)
August 5, 2014 Opinion or Order Filing 18 ORDER GRANTING #16 Joint Motion for Protective Order. Signed by US District Judge Terrence W. Boyle on 8/4/2014. (Fisher, M.)
August 4, 2014 Opinion or Order Filing 17 SCHEDULING ORDER: Discovery due by 8/4/2015. Motions due by 9/3/2015. Signed by US Magistrate Judge Kimberly A. Swank on 8/4/2014. (Fisher, M.)
July 23, 2014 Filing 16 Joint MOTION for Protective Order by Variety Stores, Inc.. (Attachments: #1 Text of Proposed Order) (Adams, W.)
July 23, 2014 Filing 15 Rule 26(f) Report (joint) by Variety Stores, Inc.. (Adams, W.)
July 23, 2014 MOTION SUBMITTED to US District Judge Terrence W. Boyle: #16 Joint Motion for Protective Order . (Fisher, M.)
July 23, 2014 Remark: #15 Joint Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for a Scheduling Order. (Fisher, M.)
June 20, 2014 Filing 14 Plaintiff"s ANSWER to #12 Answer to Complaint, Counterclaim by Variety Stores, Inc.. (Adams, W.)
June 19, 2014 Opinion or Order Filing 13 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court, on 6/19/2014. (Fisher, M.)
May 28, 2014 Filing 12 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Variety Stores, Inc. by Wal-Mart Stores, Inc.. (Morrow, John)
May 27, 2014 Filing 11 NOTICE of Appearance by David R. Boaz on behalf of Wal-Mart Stores, Inc. (Boaz, David)
May 21, 2014 Filing 10 NOTICE of Appearance by Jacob S. Wharton on behalf of Wal-Mart Stores, Inc. (Wharton, Jacob)
May 2, 2014 TEXT ORDER granting defendant's #8 motion for extension of time. Defendant Wal-Mart Stores, Inc. has through and including May 28, 2014 to answer or otherwise respond to plaintiff's complaint. Signed by Jolie Skinner for Julie A. Richards, Clerk of Court on 5/2/2014. (Skinner, J.)
May 1, 2014 Filing 9 NOTICE of Appearance by John F. Morrow, Jr on behalf of Wal-Mart Stores, Inc. (Morrow, John)
May 1, 2014 Filing 8 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint, by Wal-Mart Stores, Inc.. (Attachments: #1 Exhibit A: Proposed Order) (Boaz, David)
May 1, 2014 MOTION REFERRED to Julie A. Richards, Clerk of Court: #8 Consent Motion for Extension of Time to File Answer. (Fisher, M.)
April 16, 2014 Filing 7 ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint, Acknowledgement filed by Variety Stores, Inc.. (Attachments: #1 Exhibit A. Executed Summons and FedEx Delivery Receipt date 4-16-2014.) (Adams, W.)
April 15, 2014 Filing 6 SUMMONS ISSUED as to the defendant. Counsel is directed to print summons and effect service. (Fisher, M.)
April 14, 2014 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)
April 11, 2014 Filing 5 AMENDED DOCUMENT by Variety Stores, Inc.. Amendment to #1 Complaint, Civil Cover Sheet [Dkt. 1-3]. (Adams, W.)
April 11, 2014 Filing 4 TRADEMARK REPORT: Copy of report and complaint forwarded to the Director of the U.S. Patent and Trademark Office in Alexandria, Virginia via first class mail. (Moore, L.)
April 11, 2014 Filing 3 NOTICE of Appearance by W. Thad Adams, III on behalf of Variety Stores, Inc. (Adams, W.)
April 11, 2014 Filing 2 FINANCIAL DISCLOSURE STATEMENT by Variety Stores, Inc. identifying Corporate Parent Variety Wholesalers, Inc. for Variety Stores, Inc.. (Adams, W.)
April 11, 2014 Filing 1 COMPLAINT against Wal-Mart Stores, Inc. (Filing fee $ 400, receipt number 0417-2855174), filed by Variety Stores, Inc.. (Attachments: #1 Exhibit 1. Variety's Trademark Registration No. 1,847,503 for THE BACKYARD mark., #2 Exhibit 2. Wal-Mart's Trademark Application No. 85/400,391., #3 Civil Cover Sheet, #4 Proposed Summons) (Adams, W.)
April 11, 2014 NOTICE OF DEFICIENCY regarding: #1 Civil Cover Sheet. Pursuant to Section B(3) of the CM/ECF Policy Manual available on the court's website, when using fillable PDF forms, the Court requires that these forms be "flattened." Counsel is directed to flatten the PDF and refile using the event Notice(Other). (Moore, L.)
April 11, 2014 NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Moore, L.)

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Defendant: Wal-Mart Stores, Inc.
Represented By: Jacob S. Wharton
Represented By: Matthew S. DeAntonio
Represented By: Elizabeth E. Brenckman
Represented By: Laura L. Chapman
Represented By: William W. Wilkins
Represented By: Richard David Hosp
Represented By: Sheryl K. Garko
Represented By: Bridgette A. Agness
Represented By: Jeffrey C. Mok
Represented By: Mark S. Puzella
Represented By: David R. Boaz
Represented By: Corby C. Anderson
Represented By: Kirsten Elena Small
Represented By: John F. Morrow, Jr.
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Plaintiff: Variety Stores, Inc.
Represented By: Christina Davidson Trimmer
Represented By: Samuel G. Brooks
Represented By: W. Thad Adams, III
Represented By: Jamin S. Soderstrom
Represented By: Scott P. Shaw
Represented By: Samuel A. Long, Jr.
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