Suzie's Brewery Company v. Anheuser-Busch Companies, LLC et al
Plaintiff: Suzie's Brewery Company
Defendant: Anheuser-Busch Companies, LLC and Anheuser-Busch Inbev Worldwide, Inc.
Case Number: 3:2021cv00178
Filed: February 2, 2021
Court: US District Court for the District of Oregon
Presiding Judge: Michael H Simon
Nature of Suit: Other Statutory Actions
Cause of Action: 18 U.S.C. ยง 709
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2021 Opinion or Order Filing 49 Scheduling Order - At the joint request of the parties, all pending case deadlines are extended 10 days. The parties shall notify the Courtroom Deputy when they are ready to set a Rule 16 conference. Ordered by Judge Michael H. Simon (mja)
March 18, 2021 Opinion or Order Filing 48 SCHEDULING ORDER - Defendants' response to Plaintiff's Motion for Contempt Order (ECF #46 ) is due April 1, 2021, and Plaintiff's reply is due April 15, 2021. Ordered by Judge Michael H. Simon. (mja)
March 18, 2021 Filing 47 Declaration of Daniel C. Peterson In Support of Plaintiff's Motion for an Order Holding Defendants in Contempt of Court for Violating the Temporary Restraining Order. Filed by Suzie's Brewery Company. (Related document(s): Motion for Order #46 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Peterson, Daniel)
March 18, 2021 Filing 46 Motion for Order Holding Defendants in Contempt of Court for Violating the Temporary Restraining Order. Oral Argument requested.Expedited Hearing requested. Filed by Suzie's Brewery Company. (Peterson, Daniel)
March 16, 2021 Opinion or Order Filing 45 Stipulated Protective Order. Signed on 3/16/2021 by Judge Michael H. Simon. (mja)
March 16, 2021 Filing 44 Stipulated Motion for Protective Order . Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Armstrong, Shannon)
March 12, 2021 Opinion or Order Filing 43 ORDER - The Parties' Stipulated Motion for Extension of Discovery & PTO Deadlines (ECF #42 ) is GRANTED as follows: (1) Initial expert reports are due by March 24, 2021; (2) rebuttal expert reports are due by April 14, 2021; (3) experts may be deposed between April 14 and April 26, 2021; and (4) PI discovery to be completed by April 26, 2021. Ordered by Judge Michael H. Simon. (mja)
March 12, 2021 Filing 42 Stipulated Motion for Extension of Discovery & PTO Deadlines . Filed by Suzie's Brewery Company. (Peterson, Daniel)
March 4, 2021 Filing 41 Answer to #37 Amended Complaint and Affirmative Defenses. Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Armstrong, Shannon)
March 3, 2021 Filing 40 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Motion Hearing held on February 8, 2021, before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/10/2021. Redaction Request due 3/24/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/1/2021. (Apodaca, Dennis)
March 2, 2021 Opinion or Order Filing 39 ORDER - Defendants' Motion for Leave to Appear Pro Hac Vice for attorney Adam J. Simon (ECF #38 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
March 2, 2021 Filing 38 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Adam J. Simon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7964613. Filed by All Defendants. (Simon, Adam)
March 2, 2021 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Adam J. Simon. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7964613 #38 : Reviewed and Ready for Ruling. (ecp)
February 24, 2021 Filing 37 First Amended Complaint . Filed by Suzie's Brewery Company against Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Peterson, Daniel)
February 17, 2021 Opinion or Order Filing 36 ORDER - Defendants' Motion for Leave to Appear Pro Hac Vice for attorney Megan S. Heinsz (ECF #35 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
February 17, 2021 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Megan S. Heinsz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7901978 #35 : Reviewed and Ready for Ruling. (ecp)
February 16, 2021 Filing 35 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Megan S. Heinsz. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7901978. Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Heinsz, Megan)
February 16, 2021 Opinion or Order Filing 34 SCHEDULING ORDER - The Court accepts the stipulation of the parties (ECF #33 ) and sets the following schedule: (1) the Temporary Restraining Order (ECF #31 ) shall remain in place pending the Court's ruling on Plaintiff's Motion for Preliminary Injunction (PI); (2) pending the court's order on plaintiff's motion for a preliminary injunction; (2) by March 1, 2021, the parties shall exchange lists of all witnesses expected to testify live or through declaration at the PI hearing; (3) by March 17, 2021, the parties shall exchange expert report; (4) by April 7, 2021, the parties shall exchange rebuttal expert reports; (5) experts may be deposed between April 7 and April 21, 2021; (6) PI discovery shall close on April 21, 2021; (6) by April 30, 2021, Plaintiff shall file its brief in support of PI; (7) by May 14, 2021, Defendants shall file their brief in opposition; and (8) by May 24, 2021, Plaintiff shall file its reply. The Court tentatively sets a two-day preliminary injunction hearing for June 1-2, 2021, in Courtroom 15B, although these dates may need to be continued if the Court is in a criminal jury trial that currently is set for the same time. If the parties agree to reasonable extensions of these deadlines, the Court anticipates granting any stipulated motions to modify this schedule. Ordered by Judge Michael H. Simon (mja) Modified on 2/16/2021 to correct due date for Plaintiff's reply to 5/24(mja).
February 15, 2021 Filing 33 Stipulation Schedule for Discovery Deadlines and Briefing for Preliminary Injunction by Suzie's Brewery Company. Filed by Suzie's Brewery Company. (Peterson, Daniel)
February 11, 2021 Filing 32 Bond in the amount of $5,000 posted. Filed by Suzie's Brewery Company. (Peterson, Daniel)
February 9, 2021 Opinion or Order Filing 31 Temporary Restraining Order - For the reasons stated, the Court grants Plaintiff's Motion for Temporary Restraining Order (ECF #3 ) as follows:(1) Defendants may not continue to advertise, directly or indirectly, or in any manner (including, but not limited to, purchasing television or radio commercials or print, internet, or social media advertisements, issuing press releases, paying social influencers, or the like) the false and deceptive claim that Michelob ULTRA Hard Seltzer is the only or the first national USDA certified organic hard seltzer, or words to that effect. Defendants may, however, continue to advertise, if truthful, that Michelob ULTRA Organic Hard Seltzer is the only or first USDA certified organic hard seltzer distributed nationally, or words to that effect. 2. Plaintiff shall post a security bond in the amount of $5,000 within three days of the date of this Order. 3. The Court authorizes reasonable and mutual expedited discovery so that the parties can be fully prepared to present all relevant facts and legal issues at a preliminary injunction hearing. The parties shall promptly confer and, not later than February 15, 2021, propose to the Court a stipulated schedule (or separately proposed schedules if the parties cannot agree) for briefing and hearing on whether the Court should issue a preliminary injunction. 4. This Order expires twenty-eight (28) days after entry and will not be extended by the Court absent stipulation of the parties. Signed on 2/9/2021 by Judge Michael H. Simon. (mja)
February 9, 2021 Filing 30 Transcript Designation and Order Form for the hearing held on 02/08/2021 before Judge Michael H. Simon. Court Reporter: Dennis Apodaca. . Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Armstrong, Shannon)
February 8, 2021 Filing 29 MINUTES OF TELEPHONE ORAL ARGUMENT: ORDER - Plaintiff's Motion for a Temporary Restraining Order (ECF #3 ) is taken under advisement on February 8, 2021. Daniel C. Peterson and Amber Beyer present as counsel for Plaintiff. Shannon L. Armstrong and James F. Bennett present as counsel for Defendants. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja)
February 8, 2021 Filing 28 Exhibit 12 to the Declaration of Amber A. Beyer in Support of Reply to Motion for TRO (#19 ). This filing includes a conventionally filed Physical Exhibit, specifically a flash drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Suzie's Brewery Company. (eo)
February 8, 2021 Opinion or Order Filing 27 Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding #24 Declaration of Daniel C. Peterson. A Clerical error has been discovered in the case record: ECF #24 is a duplicate of ECF #23 and is STRICKEN from the record. (mja)
February 8, 2021 Filing 26 Return of Service Executed as to Anheuser-Busch Inbev Worldwide, Inc. served on 2/4/2021, answer due on 2/25/2021. (Peterson, Daniel)
February 8, 2021 Filing 25 Return of Service Executed as to Anheuser-Busch Companies, LLC served on 2/4/2021, answer due on 2/25/2021. (Peterson, Daniel)
February 7, 2021 Filing 22 Declaration of Julie A. Smith In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Smith, Julie)
February 5, 2021 Filing 21 Declaration of Daniel C. Peterson In Support of Suzie's Brewery Company's Reply In Support of Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Reply to Motion #20 .) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Peterson, Daniel)
February 5, 2021 Filing 20 Reply to Motion for Temporary Restraining Order and Preliminary Injuction #3 Oral Argument requested. Filed by Suzie's Brewery Company. (Peterson, Daniel)
February 5, 2021 Filing 19 Declaration of Amber A. Beyer In Support of Suzie's Brewery Company's Reply In Support of Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Attachments: #1 Exhibit 12) (Beyer, Amber)
February 4, 2021 Filing 24 (Duplicate of ECF #23 ) Declaration of Daniel C. Peterson in Support of Motion for Temporary Restraining Order #3 This filing includes a conventionally filed Thumb-drive of Exhibita 6 and 11B. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Attachments: #1 Exhibits 6 and 11B) (sss) Modified on 2/8/2021 to correct duplicate filing by clerk's office (mja).
February 4, 2021 Filing 23 Declaration of Daniel C. Peterson in Support of Plaintiff Suzie's Brewery Company's Motion for Temporary Restraining order and Preliminary Injunction, ECF #3 . Filed by Suzie's Brewery Company. This filing includes a conventionally filed Thumb-drive of Exhibita 6 and 11B. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF. (Additional attachment(s) added on 2/8/2021: #1 Exhibit 6 and 11B filed conventionally) . Modified on 2/8/2021 (mja).
February 4, 2021 Filing 18 Declaration of SHANNON ARMSTRONG . Filed by All Defendants. (Related document(s): Response in Opposition to Motion #16 .) (Attachments: #1 Exhibit 3 (Redacted Facebook profile), #2 Exhibit 4 (Redacted Zoominfo profile), #3 Exhibit 5 (June 5, 2017 Press Release), #4 Exhibit 6 (LinkedIn profile), #5 Exhibit 7 (Redacted Facebook profile), #6 Exhibit 8 (email chain), #7 Exhibit 9 (Instagram post), #8 Exhibit 10 (Jan. 27, 2021 letter)) (Armstrong, Shannon)
February 4, 2021 Filing 17 Declaration of RICARDO MARQUES IN SUPPORT OF DEFENDANT OPPOSITION TO PLAINTIFFS MOTION FOR TEMPORARY RESTRAINING ORDER. Filed by All Defendants. (Related document(s): Response in Opposition to Motion #16 .) (Attachments: #1 Exhibit 1 (Jan. 13, 2021 Press Release), #2 Exhibit 2 (Feb. 3, 2021 Press Release)) (Armstrong, Shannon)
February 4, 2021 Filing 16 Response in Opposition to Motion for Temporary Restraining Order and Preliminary Injuction #3 Oral Argument requested. Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Armstrong, Shannon)
February 4, 2021 Filing 15 MINUTES OF TELEPHONE CONFERENCE: ORDER - As stated on the record, the Court sets a revised briefing schedule for Plaintiff's Motion for Temporary Restraining Order (ECF #3 ) as follows: Defendants' response to is due no later than 11:59 p.m. on Thursday, February 4, 2021. Plaintiff's reply is due no later than 11:59 p.m. on Friday, February 5, 2021. Telephone Oral Argument is set for Monday, February 8, 2021 at 1:00 p.m. The Court will provide the parties with a call-in number by separate sealed entry. Daniel C. Peterson present as counsel for Plaintiff. James F. Bennett and Shannon L. Armstrong present as counsel for Defendants. Court Reporter: Bonita Shumway. Judge Michael H. Simon presiding. (mja)
February 4, 2021 Opinion or Order Filing 14 SCHEDULING ORDER - After email correspondence with the parties, the Court sets a Telephone Conference for today, February 4, 2021 at 1:30 p.m. The Court will provide the parties with a call-in number by separate sealed entry. The Telephone Oral Argument Hearing set for Friday, February 5, 2021 is STRICKEN. Ordered by Judge Michael H. Simon. (mja)
February 4, 2021 Opinion or Order Filing 13 ORDER - Defendants' Motion for Leave to Appear Pro Hac Vice as to James F. Bennett (ECF #10 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja)
February 4, 2021 Filing 12 Summons Issued Electronically as to Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jtj)
February 4, 2021 Opinion or Order Filing 11 Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/4/2021. Joint Alternate Dispute Resolution Report is due by 7/6/2021. Pretrial Order is due by 7/6/2021. Ordered by Judge Michael H. Simon. (jtj)
February 4, 2021 Filing 10 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James F. Bennett. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7861255. Filed by Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc.. (Bennett, James)
February 4, 2021 Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney James F. Bennett. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7861255 #10 : Reviewed and Ready for Ruling. (ecp)
February 3, 2021 Opinion or Order Filing 9 SCHEDULING ORDER - Defendants' response to Plaintiff's Motion for Temporary Restraining Order (ECF #3 ) is due by 5:00 p.m. on Thursday, February 4, 2021. Telephone Oral Argument on Plaintiff's motion is set for Friday, February 5, 2021 at 1:00 p.m. The Court will provide the parties with a call-in number by separate sealed entry. ORDER - Plaintiff's counsel is directed to immediately notify Defendants' counsel of this schedule and also provide the Courtroom Deputy Mary Austad (Mary_Austad@ord.uscourts.gov) with the contact information for Defendants' counsel, including the email address. Ordered by Judge Michael H. Simon. (mja).
February 2, 2021 Filing 8 Declaration of Ryan Becker In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Peterson, Daniel)
February 2, 2021 Filing 7 Declaration of John Lipp In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Peterson, Daniel)
February 2, 2021 Filing 6 Declaration of Kris Carlisle In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Peterson, Daniel)
February 2, 2021 Filing 5 Declaration of Bandon Krigbaum In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Peterson, Daniel)
February 2, 2021 Filing 4 Declaration of Chris Barhyte In Support of Suzie's Brewery Company's Motion for Temporary Restraining Order and Preliminary Injunction. Filed by Suzie's Brewery Company. (Related document(s): Motion for Temporary Restraining Order #3 .) (Peterson, Daniel)
February 2, 2021 Filing 3 Motion for Temporary Restraining Order and Preliminary Injuction. Oral Argument requested.Expedited Hearing requested. Filed by Suzie's Brewery Company. (Peterson, Daniel)
February 2, 2021 Filing 2 Corporate Disclosure Statement . Filed by Suzie's Brewery Company. (Peterson, Daniel)
February 2, 2021 Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-7855212 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by Suzie's Brewery Company against Anheuser-Busch Companies, LLC, Anheuser-Busch Inbev Worldwide, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons). (Peterson, Daniel)

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Defendant: Anheuser-Busch Companies, LLC
Represented By: Adam Simon
Represented By: Shannon L. Armstrong
Represented By: Megan S Heinsz
Represented By: James F. Bennett
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Defendant: Anheuser-Busch Inbev Worldwide, Inc.
Represented By: Megan S Heinsz
Represented By: Adam Simon
Represented By: Shannon L. Armstrong
Represented By: James F. Bennett
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Plaintiff: Suzie's Brewery Company
Represented By: Amber Beyer
Represented By: Daniel C. Peterson
Represented By: Julie Annette Smith
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