Navarro v. Proctor & Gamble Company et al
Plaintiff: Annette Navarro
Defendant: LPK Global Brand Design Agency, Saatchi & Saatchi X and Walmart Inc.
3Rd Party Plaintiff: Proctor & Gamble Company
3Rd Party Defendant: Libby Perszyk Kathman Holdings, Inc.
Case Number: 1:2017cv00406
Filed: June 14, 2017
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: HAMILTON
Presiding Judge: Timothy S Black
Referring Judge: Susan J Dlott
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2019 Opinion or Order Filing 127 ORDER granting in part and denying in part Plaintiff's Motion to Compel #53 following in camera review. Signed by Judge Timothy S. Black on 8/22/19. (rrs)
August 21, 2019 Opinion or Order Notation Order: On 7/30/19, the Court granted Plaintiffs' unopposed motion to file Exhibit B under conditional seal. (Notation Order dated 7/30/19). Also on 7/30/19, the Court ordered Defendant The Procter & Gamble Company to file a motion setting forth the reasons why Exhibit B should remain under seal by 8/15/19. (Id.) On 8/15/19, Defendant The Procter & Gamble Company informed the Court that it would agree to unseal Exhibit B. Based upon the foregoing, Exhibit B (Docs. 124-2, 125-1) is hereby UNSEALED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/21/19. (rrs)
August 5, 2019 Filing 126 Reply re #124 Response (non motion) by Defendant Proctor & Gamble Company. (Rousseau, Liane)
July 30, 2019 Opinion or Order Notation Order: This civil action is before the Court on Plaintiffs' unopposed motion to file Exhibit B under conditional seal. (Doc. 125). That motion (Doc. 125) is GRANTED. As of the date of this Order, the Court deems Exhibit B (Docs. 124-2, 125-1) filed under conditional seal. On or before 8/15/19, Defendant The Procter & Gamble Company shall file a motion setting forth the reasons why Exhibit B should remain under seal. Defendant The Procter & Gamble Company's motion should, of course, apply the appropriate Sixth Circuit standard. Exhibit B shall remain under conditional seal until the Court issues a decision on Defendant The Procter & Gamble Company's motion. This approach appropriately places the burden of demonstrating the need for the seal on Defendant The Procter & Gamble Company. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/30/2019. (ss)
July 30, 2019 Opinion or Order Notation Order: Defendant The Procter & Gamble Company shall submit a response to Doc. 124 on or before 8/5/19. The Court will not entertain any further filings on Plaintiffs' motion to compel. (Doc. 53). Originally, the parties asked the Court to resolve Plaintiffs' motion to compel on an expedited basis, such that it would not interfere with the current case schedule. At the same time, the parties have bombarded the Court with a motion to amend (Doc. 114), a response to a declaration (Doc. 124), and multiple discovery letters. The Court fails to see how this conduct is conducive to keeping the current case schedule. Moreover, the Court is extremely disappointed that the parties cannot resolve these matters without Court intervention. The Court urges the parties to strike a more cooperative approach moving forward. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/30/2019. (ss)
July 26, 2019 Filing 124 Response re #120 Affidavit of Robert M. Zimmerman Regarding July 5, 2019 Order #118 by Plaintiff Annette Navarro. (Attachments: #1 Exhibit A, #2 Exhibit B Filed Under Seal, #3 Exhibit C) (Cruciani, Gary) (Additional attachment(s) added on 8/22/2019: #4 Exhibit B) (rrs).
July 19, 2019 Opinion or Order Notation Order: This civil action is before the Court on Defendant The Procter & Gamble Company's oral motion to unseal the Declaration of Debbie Woelfel. (Doc. 121). The Court GRANTS Defendant The Procter & Gamble Company's oral motion, and, as a result, the Court UNSEALS the Declaration of Debbie Woelfel. (Doc. 121). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/19/19. (rrs)
July 19, 2019 Filing 122 REPLY to Response to Motion re #114 MOTION for Leave to File Fifth Amended Complaint filed by Plaintiff Annette Navarro. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Cruciani, Gary)
July 15, 2019 Filing 121 Declaration of Debbie Woelfel re Order,, filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
July 12, 2019 Filing 120 AFFIDAVIT re #118 Order on Motion to Compel In Support of Privilege Designation by Defendant Proctor & Gamble Company. (Rousseau, Liane)
July 12, 2019 Opinion or Order Notation Order: This civil action is before the Court on Defendant The Procter & Gamble Company's oral motion to file the Declaration of Debbie Woelfel under seal. The Court CONDITIONALLY GRANTS Defendant The Procter & Gamble Company's oral motion, pending the Court's final decision as to whether the declaration should remain under seal. Defendant The Procter & Gamble Company shall file a motion, setting forth the reasons why the declaration should remain under seal, on or before 7/19/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 7/12/19. (rrs)
July 5, 2019 Filing 119 RESPONSE to Motion re #114 MOTION for Leave to File Fifth Amended Complaint filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
July 5, 2019 Opinion or Order Filing 118 ORDER (re: #53 Motion to Compel) requiring the Proctor & Gamble Company to supplement its privilege log and submit documents for in camera review. Signed by Judge Timothy S. Black on 7/5/2019. (ss)
July 2, 2019 Filing 115 NOTICE of Appearance by Robert Martin Zimmerman for Defendant Proctor & Gamble Company (Zimmerman, Robert)
June 14, 2019 Filing 114 MOTION for Leave to File Fifth Amended Complaint by Plaintiff Annette Navarro. (Attachments: #1 Exhibit A, #2 Exhibit B) (Cruciani, Gary)
June 7, 2019 Filing 113 ANSWER to #102 Answer to Amended Complaint,,, Third Party Complaint,,, Counterclaim,, filed by Libby Perszyk Kathman Holdings, Inc.. (Teeters, Jeffrey)
May 30, 2019 Reset Deadlines per doc. #112 : Libby Perszyk Kathman Holdings, Inc. answer due 6/7/2019. (eh)
May 29, 2019 Filing 112 STIPULATION Extension of Time to Respond to Defendant Procter & Gamble Company's Third-Party Complaint by ThirdParty Defendant Libby Perszyk Kathman Holdings, Inc.. (Teeters, Jeffrey)
May 28, 2019 Filing 111 ANSWER to Counterclaim re #102 Answer to Amended Complaint, Third Party Complaint, Counterclaim,, filed by Annette Navarro. (Cruciani, Gary) Modified docket text on 5/30/2019 (eh).
May 23, 2019 Opinion or Order Filing 110 THIRD AMENDED CALENDAR ORDER: Amended Pleadings due by 6/14/2019. Lay Witness due by 6/28/2019. Fact discovery due by 9/13/2019. Motions directed to pleadings due by 9/20/2019. Plaintiff Primary Expert due by 10/11/2019. Defendant/Third-party Defendants' Primary Expert due by 11/1/2019. Rebuttal Expert due by 12/2/2019. Expert Discovery due by 1/10/2020. Motions not directed to pleadings due by 2/7/2020. Status Conference set for 3/9/2020 10:00 AM in Teleconference before Judge Timothy S. Black. Final Pretrial Conference set for 6/1/2020 10:00 AM in Chambers before Judge Timothy S. Black. Jury Trial set for 6/8/2020 09:30 AM in Courtroom 1 - Cincinnati before Judge Timothy S. Black. Signed by Judge Timothy S. Black on 5/23/19. (rrs)
May 9, 2019 Filing 109 SUMMONS Returned Executed as to ThirdParty Defendant Libby Perszyk Kathman Holdings, Inc.. Libby Perszyk Kathman Holdings, Inc. served on 5/8/2019, answer due 5/29/2019. (Rousseau, Liane)
May 8, 2019 Filing 108 Summons Issued as to Libby Perszyk Kathman Holdings, Inc.. (jlw)
May 7, 2019 Filing 107 NOTICE by ThirdParty Plaintiff Proctor & Gamble Company re #102 Answer to Amended Complaint,,, Third Party Complaint,,, Counterclaim,, 105 Sealed Document (Attorney Filing), 106 Sealed Document (Attorney Filing), 104 Sealed Document (Attorney Filing), (Rousseau, Liane)
May 7, 2019 Filing 103 REQUEST for Issuance of Summons. (Rousseau, Liane)
May 7, 2019 Filing 102 ANSWER to #88 Amended Complaint, , THIRD PARTY COMPLAINT against Libby Perszyk Kathman Holdings, Inc., COUNTERCLAIM against Annette Navarro filed by Proctor & Gamble Company. (Attachments: #1 Exhibit 1 - P&G and LPK Master Services Agreement, #2 Exhibit 2 - P&G and LPK Second Master Services Agreement, #3 Exhibit 3 - LPK and Navarro Agreement, #4 Exhibit 4 - LPK Purchase Order, #5 Exhibit 5 - Navarro Invoice, #6 Exhibit 6 - Cincinnati Enquirer Article) (Rousseau, Liane)
May 3, 2019 Opinion or Order Notation Order: On 4/17/19, the Court issued a Notation Order, which allowed Defendant Proctor & Gamble Company to file certain documents under conditional seal, until such time as the Court issues an order on Defendant Proctor & Gamble Company's pending Motion to Seal. (Doc. 85). For sake of clarity, that same Notation Order allows Defendant Proctor & Gamble Company to attach those same documents to its forthcoming pleadings under conditional seal. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/3/19. (rrs)
May 2, 2019 Opinion or Order Notation Order: In light of the Court's Order Granting Defendant The Proctor & Gamble Company Leave to File an Amended Answer, Counterclaim, and Third-Party Complaint (Doc. 101), the deadlines set forth in the Court's Second Amended Calendar Order (Doc. 78) are hereby VACATED. The parties shall meet and confer to jointly establish a new proposed calendar order. By 5/17/19, the parties shall jointly submit a new proposed calendar order to the Court via email to Chambers (black_chambers@ohsd.uscourts.gov). IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/2/19. (rrs)
May 1, 2019 Opinion or Order Filing 101 ORDER granting Defendant The Proctor & Gamble Company #83 Motion for Leave to File an Amended Answer, Counterclaim, and Third-party Complaint. Signed by Judge Timothy S. Black on 5/1/19. (rrs)
April 25, 2019 Filing 100 MOTION to Strike #95 Answer to Amended Complaint,, Counterclaim, by Plaintiff Annette Navarro, Counter Defendant Annette Navarro. (Greiner, John)
April 17, 2019 Filing 96 NOTICE by Counter Claimant Proctor & Gamble Company re #95 Answer to Amended Complaint,, Counterclaim, (Rousseau, Liane)
April 17, 2019 Filing 95 **STRICKEN** ANSWER to #88 Amended Complaint, and, COUNTERCLAIM against Annette Navarro filed by Proctor & Gamble Company. (Attachments: #1 Exhibit 1 - P&G and LPK Master Services Agreement, #2 Exhibit 2 - P&G and LPK Second Master Services Agreement, #3 Exhibit 3 - LPK and Navarro Agreement, #4 Exhibit 4 - LPK Purchase Orders, #5 Exhibit 5 - Navarro Invoices, #6 Exhibit 6 - Cincinnati Enquirer Article) (Rousseau, Liane)
April 17, 2019 Filing 94 ANSWER to #88 Amended Complaint, filed by Walmart Inc.. (Rousseau, Liane)
April 17, 2019 Opinion or Order Notation Order: Defendant Proctor & Gamble Company's Motion to Seal Exhibits 4, 5, and 8 attached to Proctor & Gamble Company's Motion for Leave to File an Amended Answer, Counterclaim, and Crossclaim (Doc. 85) is currently pending before the Court. Until such time as the Court issues an order on that motion, Defendant is hereby granted leave to file the documents under conditional seal. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/17/19. (rrs)
April 8, 2019 Filing 93 REPLY to Response to Motion re #85 MOTION to File Document Under Seal filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
April 1, 2019 Filing 92 RESPONSE in Opposition re #85 MOTION to File Document Under Seal filed by Plaintiff Annette Navarro. (Greiner, John)
March 25, 2019 Filing 91 NOTICE of Appearance by Jaci L. Overmann for Defendants Proctor & Gamble Company, Walmart Inc. (Overmann, Jaci)
March 22, 2019 Filing 90 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Annette Navarro re #51 MOTION to Compel (Attachments: #1 Joint Stipulation re Plaintiffs' Third Set of Requests to Produce Documents) (Cruciani, Gary)
March 20, 2019 Filing 89 REPLY to Response to Motion re #83 MOTION for Leave to File Amended Answer, Counterclaim, and Crossclaim filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
March 20, 2019 Filing 88 AMENDED COMPLAINT (Fourth Amended Complaint for Damages and Injunctive Relief) against Proctor & Gamble Company, Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), filed by Annette Navarro. (Attachments: #1 Exhibit Exhibits to Fourth Amended Complaint) (Greiner, John)
March 19, 2019 Opinion or Order NOTATION ORDER: This case is before the Court on Plaintiffs' unopposed motion to file a fourth amended complaint. (Doc. 84). For good cause shown, Plaintiffs' unopposed motion is GRANTED. Plaintiffs shall file their fourth amended complaint forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/19/19. (rrs)
March 14, 2019 Filing 86 RESPONSE to Motion re #83 MOTION for Leave to File Amended Answer, Counterclaim, and Crossclaim filed by Plaintiff Annette Navarro. (Greiner, John)
March 11, 2019 Filing 85 MOTION to File Document Under Seal by Defendant Proctor & Gamble Company. (Attachments: #1 Exhibit 1 - Second Amended Protective Order) (Rousseau, Liane)
March 11, 2019 Filing 84 Unopposed MOTION for Leave to File Fourth Amended Complaint by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Greiner, John)
March 7, 2019 Opinion or Order NOTATION ORDER: This case is before the Court on the parties' joint status report, submitted via email on 3/7/2019. Specifically, the parties have agreed to an expedited briefing schedule regarding Defendant's motion to amend the answer (Doc. 83) and also agree to toll the remainder of the Second Amended Calendar (Doc. 78) pending the Court's ruling on Defendant's motion. The Court adopts the parties' proposals and, accordingly, the 3/7/2019 telephone conference is VACATED. The Court establishes the following expedited briefing schedule as to Defendant's motion (Doc. 83): Plaintiff's response is due 3/14/2019; and Defendant's reply, if any, is due 3/20/2019. Finally, the deadlines set forth in the Second Amended Calendar (Doc. 78) are TOLLED by agreement of the parties and the Court. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/7/19. (rrs)
March 7, 2019 Filing 83 MOTION for Leave to File Amended Answer, Counterclaim, and Crossclaim by Defendant Proctor & Gamble Company. (Attachments: #1 Exhibit 1 - First Amended Answer, Counterclaim, and Crossclaim, #2 Exhibit 2 - Redlined Amended Answer, Counterclaim, and Crossclaim, #3 Exhibit 3 - Rousseau Affidavit, #4 Exhibit 4 - 2007 P&G/LPK Agreement, #5 Exhibit 5 - 2012 P&G/LPK Agreement, #6 Exhibit 6 - Navarro/LPK Agreement, #7 Exhibit 7 - Matheson Affidavit, #8 Exhibit 8 - LPK Invoices) (Rousseau, Liane)
March 7, 2019 NOTICE OF HEARING: At Plaintiff's request, this case is set for an informal telephone conference on 3/7/2019 at 5:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435; Security Code 123456, and wait for the Court to join the conference. (rrs)
March 7, 2019 Opinion or Order NOTATION ORDER: This case is before the Court on Defendant Procter & Gamble Company's oral motion to file attachments to its motion for leave to file amended answer, counterclaim, and cross claim (Doc. 83) under seal. As Defendant's motion was made after it filed the attachments on the public docket, the Court hereby CONDITIONALLY GRANTS Defendant's motion to file attachments under seal pending this Court's final ruling as to whether the filings should remain under seal. Defendant Procter & Gamble shall file a motion by 3/11/2019. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/7/19. (rrs)
February 13, 2019 Minute Entry and Notation Order: This case came before the Court for an informal discovery conference by telephone on 2/12/19 at 2:00 p.m. Jack Greiner and Gary Cruciani appeared on behalf of Plaintiff. Karen Gaunt and Liane Rousseau appeared on behalf of Defendants. The Court informed the parties of its position on the multiple discovery issues set forth in their written submissions, to wit: (1) Plaintiff shall be entitled to conduct more than 10 depositions, so long as those depositions do not exceed the 70 hour total contemplated by Fed. R. Civ. P. 30; (2) Walmart, subject to valid objections, shall produce all documents responsive to the subpoena served by Plaintiff before Walmart was added as a Defendant, and the parties shall confer forthwith to resolve any disputes regarding the objections Walmart asserted in response to the third-party subpoena. Plaintiff shall file a motion to compel if she perceives the objections to lack a legitimate basis, after a complete meet and confer with Walmart. If Plaintiff requires additional documents, she should serve requests for production pursuant to Fed. R. Civ. P. 34; and (3) P&G shall be entitled to discover information on Ms. Navarro's website pertaining to infringing products, as such information is relevant to the issue of implied license and proportional to the needs of this case, but P&G shall not be entitled to discover information on Ms. Navarro's website pertaining to other, unrelated information, including music, other products, etc. Additionally, the Court GRANTS the parties' joint request to extend the fact discovery deadline to 4/15/19. IT IS SO ORDERED. (rrs)
February 8, 2019 Opinion or Order Notation Order: At the parties' request and pursuant to S.D. Ohio Civ. R. 37.1, this civil action is set for an informal discovery conference by telephone on 2/12/19 at 2:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Prior to the conference, counsel shall submit a 1-3 page explanation of the dispute to chambers email (black_chambers@ohsd.uscourts.gov) and opposing counsel by close of business on 2/11/19. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 2/8/19. (rrs)
January 24, 2019 Filing 82 AMENDED ANSWER to #62 Amended Complaint, filed by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). (Rousseau, Liane)
January 24, 2019 Filing 81 ANSWER to #62 Amended Complaint, filed by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). (Rousseau, Liane)
January 15, 2019 Filing 80 STIPULATION re Discovery Requests by Plaintiff Annette Navarro. (Cruciani, Gary)
January 10, 2019 Opinion or Order Filing 79 ORDER denying #71 Motion to Dismiss the Third Amended Complaint. Signed by Judge Timothy S. Black on 1/10/2019. (rrs)
December 28, 2018 Minute Entry and Notation Order: This case came before the Court for an informal discovery conference by telephone on 12/7/18 at 10:00 a.m. Jack Greiner, Gary Cruciani, Robert Allen, and Darryl Burke appeared on behalf of Plaintiffs; Andrew Barras, Karen Gaunt, and Liane Roussseau appeared on behalf of Defendant. The parties' joint motion for protective order (Doc. 57) is GRANTED; the Court will enter the parties' second amended Protective Order forthwith. Ms. Navarro is ORDERED to have her assistant, Logan DeLape, sign the Agreement to be bound by the Parties' Protective Order in light of Ms. DeLape's participation in the 7/31/18 mediation. The Court informed the parties of its position on the multiple discovery issues set forth in their informal written submissions, to wit: (1) Ms. DeLape's agreement to be bound by the Protective Order should obviate any need for Defendants to depose Ms. DeLape regarding whether she received any "Confidential Information" at the mediation, however, Defendant should be entitled to depose Ms. DeLape to discover what information, if any, she has relevant to this lawsuit; (2) by 12/31/18, all parties should produce all documents they indicated they would produce in their discovery responses; (3) if Defendant is withholding any documents in response to Plaintiff's third set of requests for production, by 12/31/18 Defendant should amend its answers to state that fact and clarify whether it is not producing the documents because (a) the documents do not exist, (b) the documents are being withheld pursuant to an objection, or (c) the documents have already been produced; (4) Defendant should answer the questions asked by Plaintiff in an attempt to narrow the scope of the requests initially set forth in Plaintiff's second set of requests for production of documents relating to other licenses, and the parties should let the Court know if they cannot agree on an appropriate request; (5) Defendant's answer to Interrogatory 19 (and Plaintiff's other affirmative defense Interrogatories) is not insufficient simply because it refers to Paragraphs in the Complaint in lieu of a narrative answer, but Plaintiff may file a Rule 37 motion to exclude references to any facts asserted in support of an affirmative defense on summary judgment briefing or at trial that were not properly disclosed in discovery; (6) by 12/17/18, Defendant should amend its interrogatory responses to set forth the facts in support of its "failure to join" defense; (7) Walmart should produce all documents responsive to Plaintiff's subpoena by 12/20/18, and should not have to answer discovery requests as a defendant until the Court rules on Walmart's motion to dismiss. IT IS SO ORDERED. (jlw)
December 19, 2018 Opinion or Order Filing 78 *VACATED* SECOND AMENDED CALENDAR ORDER - Lay witness disclosure: 1/18/19. Fact discovery deadline: 3/15/19. Motions directed to the pleadings: 3/22/19. Plaintiffs' expert disclosure(s) and report(s): 4/5/19. Defendants' expert disclosure(s) and report(s): 4/26/19. Rebuttal expert disclosure(s) and report(s): 5/17/19. Expert discovery deadline: 6/14/19. Dispositive motion deadline: 7/5/19. Status conference call by telephone: 8/5/19 at 10:00 AM. Final Pretrial Conference: 11/5/19 at 10:00 AM. Jury Trial: 11/12/19 at 9:30 AM. Signed by Judge Timothy S. Black on 12/19/18. (sct) Modified on 5/2/2019 (rrs).
December 17, 2018 Opinion or Order Notation Order: The parties' joint motion to amend the Calendar (Doc. 77) is GRANTED. The Court will enter a Second Amended Calendar Order forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
December 12, 2018 Filing 77 Joint MOTION to Amend/Correct #41 Preliminary Pretrial Order,, by Plaintiff Annette Navarro. (Attachments: #1 Text of Proposed Order Proposed Second Amended Calendar Order) (Greiner, John)
December 11, 2018 Opinion or Order Filing 76 SECOND AMENDED PROTECTIVE ORDER signed by Judge Timothy S. Black on 12/11/2018. (eh)
December 7, 2018 Filing 75 REPLY to Response to Motion re #71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). (Attachments: #1 Exhibit A) (Rousseau, Liane)
December 5, 2018 Opinion or Order [FILED IN ERROR-PLEASE DISREGARD] Notation Order: Defendants' unopposed motion for extension of time (Doc. 16) is GRANTED. The dispositive motion deadline is EXTENDED to 1/4/19. Due to this Court's practice of requiring four months between the dispositive motion deadline and trial, the jury trial set for 4/15/19 is VACATED. The parties shall confer and jointly propose three dates for trial (beginning on or after May 6, 2019) via email to chambers (black_chambers@ohsd.uscourts.gov) by 12/20/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct) Modified docket text on 12/6/2018 (sct).
December 5, 2018 Opinion or Order Notation Order: Pursuant to S.D. Ohio Civ. R. 37.1, this case is set for an informal discovery conference by telephone on 12/7/18 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Prior to the conference, counsel shall submit a 1-3 page explanation of the dispute to chambers email (black_chambers@ohsd.uscourts.gov) and opposing counsel by close of business on 12/5/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
November 23, 2018 Filing 74 RESPONSE in Opposition re #71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Annette Navarro. (Greiner, John)
November 14, 2018 Filing 73 NOTICE of Appearance by Karen Kreider Gaunt for Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (Gaunt, Karen)
November 14, 2018 Filing 72 NOTICE of Appearance by Michael Joseph Wheeler for Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (Wheeler, Michael)
November 1, 2018 Filing 71 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). (Rousseau, Liane)
November 1, 2018 Filing 70 NOTICE of Appearance by Liane Harmon Rousseau for Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) (Rousseau, Liane)
October 30, 2018 Minute Entry and Notation Order: This case came before the Court for an informal discovery conference on 10/30/18 at 9:30 a.m. John Greiner, Gary Cruciani and Robert Allen appeared on behalf of Plaintiffs; Karen Gaunt, Andrew Barras, and Liane Rousseau appeared on behalf of Defendant. Judge Black agreed with the Defendant that Plaintiff's request for production of documents relating to all written licenses, invoices, agreements, documents and/or communications between Defendant and any photographer (or other relevant third party) for any consumer product from January 1, 2010 through the present, as written, is not proportional to the needs of the case, and the burden and expense of responding to that request outweighs its likely benefit. Counsel agreed to discuss a more narrow, proportionate request. An informal discovery conference having occurred, Plaintiff is granted leave to file a motion to compel on this category of documents, if she chooses. IT IS SO ORDERED. (sct)
October 26, 2018 Opinion or Order Notation Order and Notice of Hearing: At the parties' request and pursuant to S.D. Ohio Civ. R. 37.1, this civil action is set for an informal discovery conference by telephone on 10/30/18 at 9:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access Code: 8411435, Security Code 123456, and wait for the Court to join the conference. Prior to the conference, counsel shall submit a 1-3 page explanation of the dispute to chambers email (black_chambers@ohsd.uscourts.gov) and opposing counsel by 12:00 p.m. on 10/29/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
October 25, 2018 Filing 69 NOTICE by Plaintiff Annette Navarro re #53 MOTION to Compel Defendant The Procter & Gamble Company to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege (Supplemental Declaration of Robert E. Allen in Support of Plaintiffs' Motion to Compel P&G to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege) (Greiner, John)
October 25, 2018 Filing 68 REPLY to Response to Motion re #53 MOTION to Compel Defendant The Procter & Gamble Company to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege filed by Plaintiff Annette Navarro. (Greiner, John)
October 24, 2018 Filing 67 ANSWER to #62 Amended Complaint, filed by Proctor & Gamble Company. (Rousseau, Liane)
October 23, 2018 Filing 66 REPLY to Response to Motion re #55 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant The Procter & Gamble Company filed by Plaintiff Annette Navarro. (Greiner, John) Modified to correct link to motion on 10/26/2018 (eh).
October 15, 2018 Filing 65 SUMMONS Returned Executed as to Defendant Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) served on 10/11/2018, answer due 11/1/2018. (Greiner, John)
October 11, 2018 Filing 64 RESPONSE in Opposition re #53 MOTION to Compel Defendant The Procter & Gamble Company to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
October 11, 2018 Filing 63 Summons Issued as to Walmart Inc. (f/k/a Wal-Mart Stores, Inc.). (jlw)
October 10, 2018 Filing 62 AMENDED COMPLAINT Third Amended Complaint for Damages and Injunctive Relief - Jury Trial Demanded against Proctor & Gamble Company, Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), filed by Annette Navarro. (Attachments: #1 Exhibit Exhibits to Third Amended Complaint, #2 Summons Form) (Greiner, John)
October 9, 2018 Filing 61 RESPONSE in Opposition re #55 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant The Procter & Gamble Company filed by Defendant Proctor & Gamble Company. (Attachments: #1 Affidavit Declaration of Karen Gaunt With Attached Exhibits) (Wheeler, Michael)
October 9, 2018 Opinion or Order Notation Order: Plaintiff's unopposed motion for leave to file a third amended complaint (Doc. 58) is GRANTED. Plaintiff shall file the third amended complaint forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
October 4, 2018 Notation Order: Defendant's unopposed motion for extension of time (Doc. 59) is GRANTED. Defendant shall respond to Plaintiff's motion to compel (Doc. 53) by 10/11/18. IT IS SO ORDERED. (ss)
October 3, 2018 Filing 60 REPLY to Response to Motion re #51 MOTION to Compel (Plaintiff Annette Navarro McCall and Navarro Photography, LLC's Reply to Its Motion to Compel Defendant The Procter & Gamble Company to Produce Documents and Supplement Interrogatory Answers for Additional Infringing Products) filed by Plaintiff Annette Navarro. (Greiner, John)
October 3, 2018 Filing 59 Unopposed MOTION for Extension of Time to File Response/Reply as to #53 MOTION to Compel Defendant The Procter & Gamble Company to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege New date requested 10/11/2018. filed by Defendant Proctor & Gamble Company. (Attachments: #1 Exhibit A - Declaration of Liane H. Rousseau) (Rousseau, Liane)
September 28, 2018 Filing 58 Unopposed MOTION for Leave to File Third Amended Complaint by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Ex. A - Third Amended Complaint, #2 Exhibit Exhibits to Third Amended Complaint, #3 Exhibit Ex. B - Proposed Order Granting Unopposed Motion for Leave to Fiel Third Amended Complaint) (Greiner, John)
September 21, 2018 Filing 57 Joint MOTION for Protective Order by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Second Amended Protective Order) (Greiner, John)
September 19, 2018 Filing 56 RESPONSE in Opposition re #51 MOTION to Compel filed by Defendant Proctor & Gamble Company. (Rousseau, Liane)
September 18, 2018 Filing 55 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant The Procter & Gamble Company by Plaintiff Annette Navarro. (Greiner, John)
September 14, 2018 Filing 54 NOTICE of Appearance by Michael Joseph Wheeler for Defendant Proctor & Gamble Company (Wheeler, Michael)
September 13, 2018 Filing 53 MOTION to Compel Defendant The Procter & Gamble Company to Produce Documents Being Withheld Based Upon An Improper Claim of Privilege by Plaintiff Annette Navarro. (Greiner, John)
September 6, 2018 Filing 52 ANSWER to #48 Amended Complaint,, filed by Proctor & Gamble Company. (Rousseau, Liane)
August 29, 2018 Filing 51 MOTION to Compel by Plaintiff Annette Navarro. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (Cruciani, Gary)
August 28, 2018 Filing 50 NOTICE to Withdraw #38 MOTION to Compel , #37 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant the Procter & Gamble Company or to Modify the Protective Order to Permit Annette Navarro McCall to Have Access to all, #35 MOTION to Compel , #31 MOTION for Judgment on the Pleadings filed by Defendant Proctor & Gamble Company. (Rousseau, Liane) Modified Docket Text on 8/29/2018 (bjc).
August 24, 2018 Opinion or Order Notation Order: For good cause shown, pursuant to Fed. R. Civ. P. 36(b), Plaintiff's unopposed motion to withdraw admissions (Doc. #49 ) to the requests of July 18, 2018 is GRANTED. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/24/18. (jlm) Modified on 8/27/2018 (eh).
August 23, 2018 Filing 49 Unopposed MOTION to Withdraw ADMISSIONS by Plaintiff Annette Navarro. (Greiner, John)
August 23, 2018 Filing 48 AMENDED COMPLAINT -SECOND against Proctor & Gamble Company, filed by Annette Navarro. (Attachments: #1 Exhibit A1, #2 Exhibit A2, #3 Exhibit A3, #4 Exhibit A4, #5 Exhibit B1, #6 Exhibit B2, #7 Exhibit B3, #8 Exhibit B4, #9 Exhibit C1, #10 Exhibit C2, #11 Exhibit C3, #12 Exhibit C4, #13 Exhibit C5, #14 Exhibit C6, #15 Exhibit C7, #16 Exhibit C8, #17 Exhibit D1, #18 Exhibit D2, #19 Exhibit D3, #20 Exhibit D4, #21 Exhibit D5, #22 Exhibit D6, #23 Exhibit E1, #24 Exhibit E2, #25 Exhibit E3, #26 Exhibit E4, #27 Exhibit E5, #28 Exhibit E6, #29 Exhibit E7, #30 Exhibit E8, #31 Exhibit E9) (Greiner, John)
August 23, 2018 Opinion or Order Filing 47 AMENDED PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 8/23/18. (jlm)
August 23, 2018 Filing 46 Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Exhibit A (Second Amended Complaint), #2 Exhibit Exhibits to Second Amended Complaint, #3 Text of Proposed Order Exhibit B - Proposed Order) (Greiner, John)
August 23, 2018 Filing 45 Joint MOTION for Protective Order Joint Motion for Entry of Amended Protective Order by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Exhibits A (Amended Protective Order)) (Greiner, John)
August 23, 2018 Opinion or Order Notation Order: Pursuant to Fed. R. Civ. P. 15(a)(2), Plaintiff's unopposed motion for leave to file a Second Amended Complaint (Doc. #46 ) is GRANTED. Plaintiff shall file the Second Amended complaint forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/23/18. (jlm)
August 23, 2018 Opinion or Order Notation Order: The parties' joint motions for extensions of time (Docs. #42 , #43 , #44 ) are GRANTED. Accordingly, Defendant's response to Plaintiff's motion to de-designate (Doc. #37 ), Plaintiff's response to Defendant's motion for judgment on the pleadings (Doc. #31 ), and Plaintiff's response to Defendant's motion to compel (Doc. #35 ) are due 8/28/18. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/23/18. (jlm)
August 23, 2018 Opinion or Order Notation Order: For good cause shown, the parties' joint motion for entry of an amended protective order (Doc. #45 ) is GRANTED. The Court will enter the parties' proposed protective order by separate entry. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 8/23/18. (jlm)
August 21, 2018 Filing 44 Joint MOTION for Extension of Time to File Response/Reply as to #35 MOTION to Compel New date requested 8/28/2018. by Plaintiff Annette Navarro. (Greiner, John)
August 21, 2018 Filing 43 Joint MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Judgment on the Pleadings New date requested 8/28/2018. by Plaintiff Annette Navarro. (Greiner, John)
August 21, 2018 Filing 42 Joint MOTION for Extension of Time to File Response/Reply re #37 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant the Procter and Gamble Company or to Modify the Protective Order to Permit Annette Navarro McCall to Have Access to All Such Documents (Dkt. 37) by Plaintiff Annette Navarro. (Greiner, John) Modified on 8/22/2018 (eh).
August 17, 2018 Opinion or Order Filing 41 AMENDED CALENDAR ORDER: Motions to amend the pleadings and/or Add additional parties: 9/28/18. Lay Witness disclosures: 12/7/18. Fact discovery deadline: 2/1/19. Motions directed to the pleadings: 2/8/19. Plaintiff's expert disclosure(s) and report(s): 2/22/19. Defendant's expert disclosure(s) and report(s): 3/15/19. Rebuttal expert disclosure(s) and report(s): 4/5/19. Expert Discovery deadline: 5/3/19. Dispositive Motion deadline: 5/24/19. Status Conference by telephone: 6/24/19 at 10:00 AM. Final Pretrial Conference: 9/24/19 at 10:00 AM. Jury Trial: 9/30/19 at 9:30 AM. Signed by Judge Timothy S. Black on 8/17/18. (sct)
August 2, 2018 Opinion or Order Filing 39 ORDER GRANTING LEAVE TO FILE UNDER CONDITIONAL SEAL. Signed by Judge Timothy S. Black on 8/2/18. (jlm)
August 2, 2018 Set/Reset Deadlines as to #35 MOTION to Compel , #37 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant the Procter & Gamble Company or to Modify the Protective Order to Permit Annette Navarro McCall to Have Access to all, #38 MOTION to Compel , #31 MOTION for Judgment on the Pleadings . (Responses due by 8/21/2018), Set Deadlines/Hearings: (Proposed amended case calendar due by 8/10/2018.) (jlm)
July 31, 2018 Minute Entry and Notation Order: This case came before the Court for an in-person settlement conference on 7/31/18 at 9:30 a.m. Gary Cruciani and Robert Allen appeared with Plaintiff Annette Navarro, Logan Delape and Matthew Fleeger; Karen Gaunt, Liane Rousseau, and Andrew Barras appeared with Defendant's representatives Amy Ahn-Roll and Paul Brandstetter. Both parties mediated in good faith; the case did not settle. IT IS ORDERED that the stay previously entered by the Court (See 6/11/18 Minute Entry and Notation Order) is VACATED. Counsel shall jointly submit a proposed amended case calendar to chambers via email (black_chambers@ohsd.uscourts.gov) by 8/10/18. The parties' joint motion to stay time for responding to motions (Doc. #36 ) is GRANTED; the parties shall respond to all pending motions by 8/21/18. IT IS SO ORDERED. Signed by Timothy S. Black. (jlm)
July 27, 2018 Filing 38 MOTION to Compel by Defendant Proctor & Gamble Company. (Attachments: #1 Exhibit A-C, #2 Certification in Support) (Gaunt, Karen)
July 27, 2018 Filing 37 MOTION De-Designate Certain Documents Designated as "Highly Confidential - Attorney's Eyes Only" Produced by Defendant the Procter & Gamble Company or to Modify the Protective Order to Permit Annette Navarro McCall to Have Access to all Such Documents by Plaintiff Annette Navarro. (Greiner, John)
July 27, 2018 Filing 36 Joint MOTION to Stay Time for Responding to Motions by Plaintiff Annette Navarro. (Greiner, John)
July 27, 2018 Filing 35 MOTION to Compel by Defendant Proctor & Gamble Company. (Attachments: #1 Exhibit Exhibits A-C) (Gaunt, Karen)
July 20, 2018 Opinion or Order Filing 34 ORDER denying #33 Motion to Seal. Signed by Judge Timothy S. Black on 7/20/18. (jlm)
July 18, 2018 Filing 33 Unopposed MOTION to Seal Plaintiffs' Motion to De-Designate Certain Documents Designated as "Highly Confidential-Attorney's Eyes Only" Produced by Defendant the Procter & Gamble Company or to Modify the Protective Order to Permit Annette Navarro McCall to Have Access to All Such Documents by Plaintiff Annette Navarro. (Greiner, John)
July 16, 2018 Filing 32 NOTICE by Plaintiff Annette Navarro re #21 Notice (Other) RELEASE OF LIEN (Namei, Firooz)
July 13, 2018 Filing 31 MOTION for Judgment on the Pleadings by Defendant Proctor & Gamble Company. (Gaunt, Karen)
June 19, 2018 Opinion or Order Filing 30 ORDER SETTING SETTLEMENT CONFERENCE for 7/31/2018 09:30 AM in Chambers, Room 815. Signed by Judge Timothy S. Black on 6/19/18. (jlm)
June 11, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court for a status conference on 6/11/18 at 10:00 a.m. Jack Greiner, Gary Cruciani, Robert Allen and Darryl Burke appeared on behalf of Plaintiff; Andrew Barras, Karen Gaunt and Lianne Rousseau appeared on behalf of Defendant. Counsel for Plaintiff reported they still perceive Defendant's production to be incomplete and to include documents overdesignated as attorneys' eyes only. Counsel for Defendant reported they are waiting for Plaintiff's responses to Defendant's discovery requests, which are due today. Counsel are ORDERED to discuss the attorneys' eyes only designation outside of the presence of the Court. Both parties are granted leave to file motions to compel if discovery issues remain after 6/25/18. In light of the parties' representation that they are preparing for a mediation, the parties' joint motion to stay (Doc. #29 ) is GRANTED and the dates in the case Calendar (Doc. #22 ) are STAYED. Discovery may proceed during the stay. If the parties wish for this Judge to conduct the mediation, counsel shall jointly email to chambers (black_chambers@ohsd.uscourts.gov) three potential dates for mediation by 6/18/18. The Court prefers to hold civil conferences on Mondays and Tuesdays. IT IS SO ORDERED by Judge Timothy S. Black on 6/11/2018. (eh)
May 25, 2018 Filing 29 Joint MOTION to Stay re #22 Preliminary Pretrial Order,, by Plaintiff Annette Navarro. (Greiner, John)
May 21, 2018 Opinion or Order Notation Order: The 5/17/18 status conference having been vacated at the parties' request, this case is set for another status conference by telephone on 6/11/18 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 5/21/18. (jlm)
May 2, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court for a status conference on 5/2/18 at 12:15 p.m. Jack Greiner, Gary Cruciani, Robert Allen, and Darryl Burke appeared on behalf of Plaintiff; Andrew Barras, Karen Gaunt, and Liane Rousseau appeared on behalf of Defendant. Counsel reported Defendant is still producing documents pursuant to Plaintiff's discovery requests. Counsel for Plaintiff reported that Plaintiff will be ready to mediate once it receives sufficient documentation to evaluate its position, including, inter alia, documentation that corroborates the financial information already produced by Defendant. Counsel for Defendant reported that Defendant is prepared to mediate now. This case is set for another status conference by telephone on 5/17/18 at 3:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)
April 11, 2018 Filing 28 NOTICE of Appearance by Liane H. Rousseau for Defendant Proctor & Gamble Company (Gaunt, Karen) Modified docket text on 4/12/2018 (eh).
April 10, 2018 Opinion or Order Filing 27 PROTECTIVE ORDER. Signed by Judge Timothy S. Black on 4/10/18. (jlm)
April 10, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court for a status conference on 4/10/18 at 11:00 a.m. John Greiner, Gary Cruciani, and Robert Allen appeared on behalf of Plaintiff; Andrew Barras, Karen Gaunt, and Liane Rousseau appeared on behalf of Defendant. Counsel for Defendant represented it will produce documents today, complete its document production by 4/13/18, and will supplement its answers to Plaintiff's interrogatories by 4/17/18. Counsel for both parties agreed to discuss any issues regarding "Attorney Eyes Only" privilege designations outside the presence of the Court. This case is set for another status conference on May 2, 2018, at 12:15 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)
April 10, 2018 Opinion or Order Notation Order: This case is set for a status conference by telephone on 4/10/18 at 11:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/09/18. (jlm)
March 23, 2018 Filing 26 Defendant The Procter & Gamble Company's ANSWER to #23 Amended Complaint filed by Proctor & Gamble Company. (Gaunt, Karen)
March 21, 2018 Filing 25 Joint MOTION for Protective Order by Plaintiff Annette Navarro. (Attachments: #1 Exhibit A) (Allen, Robert)
March 16, 2018 Filing 24 NOTICE of Appearance by Andrew B. Barras for Defendant Proctor & Gamble Company (Gaunt, Karen) Modified to correct attorney name on 3/19/2018 (jlw).
March 2, 2018 Filing 23 AMENDED COMPLAINT (First Amended Complaint for Damages and Injunctive Relief - Jury Trial Demanded) against All Defendants, filed by Annette Navarro. (Attachments: #1 Exhibit Exhibits to First Amended Complaint) (Greiner, John)
February 26, 2018 Opinion or Order Filing 22 CALENDAR ORDER: Initial Disclosures due by 2/19/2018. Motions directed to pleadings due by 7/31/2018. Lay Witness due by 6/18/2018. Status Conference set for 12/11/2018 10:00 AM by telephone. Plaintiff Primary Expert due by 8/6/2018. Defendant Primary Expert due by 9/3/2018. Fact Discovery due by 7/27/2018. Expert Discovery due by 10/10/2018. Motions not directed to pleadings due by 10/31/2018. Final Pretrial Conference set for 2/25/2019 10:00 AM in Chambers. Jury Trial set for 3/4/2019 09:30 AM in Courtroom 1 - Cincinnati. Signed by Judge Timothy S. Black on 2/26/18. (jlm)
February 26, 2018 Opinion or Order Minute Entry and Notation Order: This case came before the Court on 2/26/18 at 11:30 a.m. for a preliminary pretrial conference. John Greiner, Gary Cruciani and Robert Allen appeared on behalf of Plaintiff; Karen Gaunt and Andrew Barras appeared on behalf of Defendant. A Calendar Order will issue by separate entry. The parties agreed to participate in an early mediation. Counsel are ORDERED to notify the Court via email (black_chambers@ohsd.uscourts.gov) by 3/12/18 the name of an agreed-upon mediator and the date for mediation. IT IS FURTHER ORDERED that Plaintiff's unopposed first motion for leave to file an amended complaint (Doc. #19 ) is GRANTED. Justice requires granting leave as Plaintiff has shown good cause to add the John Doe defendants--distributors of the products at issue in this case whose identities are unknown at this time--and there is no evidence or argument of bad faith, undue delay, previous failures to cure pleading deficiencies, futility of the amendments, or prejudice to the Defendant. Plaintiff shall file the first amended complaint forthwith. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (jlm)
February 17, 2018 Filing 21 NOTICE by Plaintiff Annette Navarro NOTICE OF EQUITABLE ATTORNEY CHARGING LIEN by McKinney and Namei, Co., L.P.A. (Namei, Firooz)
February 9, 2018 Notation Order: Due to the Court's schedule, the preliminary pretrial conference scheduled for 2/12/18 is VACATED and RESCHEDULED for 2/26/18 at 11:30 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. (jlm)
February 5, 2018 Filing 20 RULE 26(f) REPORT of Parties by Plaintiff Annette Navarro. (Greiner, John)
January 17, 2018 Filing 19 MOTION for Leave to File First Amended Complaint by Plaintiff Annette Navarro. (Attachments: #1 Exhibit Exhibit A (First Amended Complaint), #2 Exhibit Exhibit B (Proposed Order)) (Greiner, John)
December 27, 2017 Opinion or Order Filing 18 ORDER denying as moot #4 Motion for Leave to Appear Pro Hac Vice and #5 Amended Motion for leave to Appear Pro Hac Vice of Jan I. Berlage. The Clerk is instructed to return the pro have vice filing fees of Mr. Berlage. Signed by Judge Timothy S. Black on 12/22/2017. (ss)
December 15, 2017 Opinion or Order Filing 17 ORDER granting #12 , #13 , #14 , and #15 Motion for Leave to Appear Pro Hac Vice of Carson D. Young, Charles E. Fowler, Jr., Gary Cruciani, and Robert E. Allen. Signed by Judge Timothy S. Black on 12/15/17. (gs)
December 8, 2017 Opinion or Order Notation Order: At the parties' request, the Preliminary Pretrial Conference by telephone set for 12/11/17 is VACATED and RESCHEDULED for 2/12/18 at 1:00 p.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY pre-preliminary pretrial conference between counsel required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at http://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
December 4, 2017 Filing 16 STATUS REPORT Joint Status Report of Plaintiff Annette Navarro and Defendant The Procter & Gamble Company by Plaintiff Annette Navarro. (Greiner, John)
December 1, 2017 Filing 15 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6225896) of Robert E. Allen by Plaintiff Annette Navarro. (Greiner, John)
December 1, 2017 Filing 14 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6225882) of Gary Cruciani by Plaintiff Annette Navarro. (Greiner, John)
December 1, 2017 Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6225852) of Charles E. Fowler, Jr. by Plaintiff Annette Navarro. (Greiner, John)
December 1, 2017 Filing 12 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6225836) of Carson D. Young by Plaintiff Annette Navarro. (Greiner, John)
December 1, 2017 Filing 11 NOTICE of Substitution of Counsel - John Charles Greiner substituting for Firooz T. Namei and Jan I. Berlage as to Plaintiff Annette Navarro. (Greiner, John)
November 17, 2017 Opinion or Order Notation Order and Notice of Hearing: A Preliminary Pretrial Conference by telephone is set before Judge Timothy S. Black for 12/11/17 at 10:00 a.m. COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. Before the pretrial conference counsel must comply with the MANDATORY pre-preliminary pretrial conference between counsel required by Fed. R. Civ. P. 26(f). THE REPORT MUST BE FILED 7 DAYS PRIOR TO THE PRELIMINARY PRETRIAL CONFERENCE. Pretrial procedures and forms can be found at our website at http://www.ohsd.uscourts.gov/FPBlack. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (sct)
October 5, 2017 Filing 10 NOTICE of Voluntary Dismissal by Plaintiff Annette Navarro (Namei, Firooz)
October 4, 2017 Filing 9 NOTICE of Dismissal without Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A) of Claims against Defendant LPK Global Brand Design Agency by Plaintiff Annette Navarro (Namei, Firooz) Modified docket text on 10/5/2017 (eh).
September 6, 2017 Opinion or Order Notation Order: The unopposed motion of defendant LPK Global Brand Design Agency for extension of time (Doc. 8) is GRANTED. LPK Global Brand Design Agency shall respond to the Complaint (Doc. 1) by 10/5/17. IT IS SO ORDERED. Signed by Judge Timothy S. Black. (gs)
August 31, 2017 Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 10/5/2017. by Defendant LPK Global Brand Design Agency. (Teeters, Jeffrey)
August 15, 2017 Filing 7 STIPULATION of Extension of Time for Defendant LPK Global Brand Design Agency to Move, Answer, or Otherwise Plead in Response to Plaintiff's Complaint by Defendant LPK Global Brand Design Agency. (Teeters, Jeffrey)
August 14, 2017 Filing 6 ANSWER to #1 Complaint, filed by Proctor & Gamble Company. (Gaunt, Karen)
July 28, 2017 Filing 5 Amended MOTION for Leave to Appear Pro Hac Vice of Jan I. Berlage (doc. #4 ) (Filing fee of $200 paid, receipt number 0648-6050499) by Plaintiff Annette Navarro. (Attachments: #1 Supplement Certificate of Good Standing) (Namei, Firooz) Modified docket text on 7/31/2017 (eh).
July 22, 2017 Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6050499) of Jan I. Berlage by Plaintiff Annette Navarro. (Attachments: #1 Supplement Certificate of Good Standing) (Namei, Firooz)
June 15, 2017 Opinion or Order Filing 3 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Susan J. Dlott on 76/15/2017. (jlw)
June 15, 2017 If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (jlw)
June 14, 2017 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-5998392), filed by Annette Navarro. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E) (Namei, Firooz)

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Search for this case: Navarro v. Proctor & Gamble Company et al
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Plaintiff: Annette Navarro
Represented By: Firooz Taghi Namei
Represented By: Gary Cruciani
Represented By: John Charles Greiner
Represented By: Robert E. Allen
Represented By: Charles E. Fowler, Jr.
Represented By: Carson D. Young
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Defendant: LPK Global Brand Design Agency
Represented By: Jeffrey R Teeters
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Defendant: Saatchi & Saatchi X
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Defendant: Walmart Inc.
Represented By: Andrew B. Barras
Represented By: Karen Kreider Gaunt
Represented By: Jaci L. Overmann
Represented By: Liane Harmon Rousseau
Represented By: Michael Joseph Wheeler
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3rd party plaintiff: Proctor & Gamble Company
Represented By: Andrew B. Barras
Represented By: Karen Kreider Gaunt
Represented By: Jaci L. Overmann
Represented By: Liane Harmon Rousseau
Represented By: Michael Joseph Wheeler
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3rd party defendant: Libby Perszyk Kathman Holdings, Inc.
Represented By: Jeffrey R Teeters
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