ZERO TECHNOLOGIES, LLC v. THE CLOROX COMPANY et al
| ZERO TECHNOLOGIES, LLC |
| THE CLOROX COMPANY and BRITA, LP |
| 2:2022cv03989 |
| October 6, 2022 |
| US District Court for the Eastern District of Pennsylvania |
| KELLEY BRISBON HODGE |
| TIMOTHY J SAVAGE |
| Other Statutes: Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| None |
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Filing 50
ORDER THAT PLAINTIFFS CROSS-MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IS GRANTED. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 11/3/2023. 11/3/2023 ENTERED AND COPIES E-MAILED.(sg) Modified on 11/6/2023 (lisad, ).
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Filing 49
ORDER that upon consideration of Defendants The Clorox Company and Brita LP's motion for leave to file supplemental reply brief is granted. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 11/3/2023.11/3/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 48 RESPONSE in Opposition re #46 MOTION for Leave to File Supplemental Reply Brief in Support of Their Motion to Dismiss or Transfer filed by ZERO TECHNOLOGIES, LLC. (Attachments: #1 Exhibit Plaintiff's Supplemental Sur-Reply Brief, #2 Declaration of Jared Brandyberry, #3 Exhibit A to the Declaration of Jared Brandyberry, #4 Text of Proposed Order Denying Defendants' Motion, #5 Text of Proposed Order Granting Plaintiff's Cross-Motion)(HITTINGER, CARL) |
| Filing 47 NOTICE by ZERO TECHNOLOGIES, LLC of Brita LP's Petition for Review and Notice of Appeal (Attachments: #1 Exhibit A)(HITTINGER, CARL) |
| Filing 46 MOTION for Leave to File Supplemental Reply Brief in Support of Their Motion to Dismiss or Transfer filed by BRITA, LP, THE CLOROX COMPANY. Declaration. (Attachments: #1 Exhibit Defendants' Supplemental Reply Brief, #2 Declaration in Support of Motion, #3 Exhibit A to Declaration, #4 Exhibit B to Declaration, #5 Text of Proposed Order)(KAISER, MARY) |
| Filing 45 NOTICE of Withdrawal of Appearance by JUSTIN KADOURA on behalf of ZERO TECHNOLOGIES, LLC(KADOURA, JUSTIN) |
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Filing 44
ORDER THAT THE MOTION FOR PRO HAC VICE FOR JEFFREY LISKOV IS GRANTED. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 10/23/2023.10/24/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 43 RESPONSE in Opposition re #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue Plaintiff's Response in Opposition to Defendants' Supplemental Brief #41 filed by ZERO TECHNOLOGIES, LLC. (HITTINGER, CARL) |
| Filing 42 MOTION for Pro Hac Vice Admission of Jeffrey E. Liskov (Filing fee $ 75 receipt number APAEDC-17019261.) filed by ZERO TECHNOLOGIES, LLC.Certificate of Service.(STACH, ALYSE) |
| Filing 41 RESPONSE in Support re #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue - Supplemental Brief i Response to Order filed by BRITA, LP, THE CLOROX COMPANY. (Attachments: #1 Declaration in Support of Supplemental Brief)(KAISER, MARY) |
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Filing 40
ORDER THAT upon consideration of Defendants Motion toDismiss for Improper Venue, or in the Alternative to Transfer (ECF No. 19), and any responseand opposition thereto, it is hereby ORDERED as follows:(1) Defendants may file a supplemental brief to their Motion on or before October 10,2023;(2) Plaintiff may file an opposition to Defendants supplemental brief in response on orbefore October 20, 2023. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 10/4/2023. 10/6/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 37 Minute Entry for proceedings held before HONORABLE KELLEY BRISBON HODGEin Courtroom 13B Motion Hearing held on 9/28/2023 re #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by THE CLOROX COMPANY, BRITA, LP Court Reporter: ESR. (sg) |
| Filing 39 Notice of Filing of Official Transcript with Certificate of Service re #38 Transcript - PDF,, 10/2/2023 Entered and Copies Emailed. (sg) |
| Filing 38 TRANSCRIPT of HEARING ON MOTION TO DISMISS, held on 9/28/2023, before Judge HODGE. Court Reporter/Transcriber BURKE COURT REPORTING, LLC. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/20/2023. Redacted Transcript Deadline set for 10/30/2023. Release of Transcript Restriction set for 12/28/2023. (sg) Modified on 10/3/2023 (lisad, ). |
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Filing 36
ORDERED that the Motions for ProHac Vice admission of Jared A. Brandyberry, Esquire (ECF 34) and John Letchinger, Esquire(ECF 35), are GRANTED pursuant to Local Rule of Civil Procedure 83.5.2(b). SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 9/27/2023.9/28/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 35 First MOTION for Pro Hac Vice Admission of John Letchinger ( Filing fee $ 75 receipt number APAEDC-16973757.) filed by ZERO TECHNOLOGIES, LLC.Certificate of Service. (Attachments: #1 Exhibit)(KADOURA, JUSTIN) |
| Filing 34 First MOTION for Pro Hac Vice Admission of Jared A. Brandyberry ( Filing fee $ 75 receipt number APAEDC-16973722.) filed by ZERO TECHNOLOGIES, LLC.Certificate of Service. (Attachments: #1 Exhibit)(KADOURA, JUSTIN) |
| Filing 33 NOTICE by ZERO TECHNOLOGIES, LLC of Public Opinion by United States International Trade Commission (Attachments: #1 Exhibit ITC Public Opinion)(KADOURA, JUSTIN) |
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Filing 32
ORDERED that the Motions for Pro Hac Viceadmission of Bonnie Lau, Esquire (ECF 30) and Paul A. Ainsworth, Esquire (ECF 23), areGRANTED pursuant to Local Rule of Civil Procedure 83.5.2(b). SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 9/26/2023.9/26/2023 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 31 MOTION for Pro Hac Vice as to Paul A. Ainsworth ( Filing fee $ 75 receipt number APAEDC-16967920.) filed by BRITA, LP, THE CLOROX COMPANY.Certificate of Service.(PHELAN, LISA) |
| Filing 30 MOTION for Pro Hac Vice as to Bonnie Lau ( Filing fee $ 75 receipt number APAEDC-16967919.) filed by BRITA, LP, THE CLOROX COMPANY.Certificate of Service.(PHELAN, LISA) |
| Filing 29 NOTICE by BRITA, LP, THE CLOROX COMPANY Notice of United States International Trade Commission Final Determination (PHELAN, LISA) |
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Filing 28
ORDER THAT this case having been scheduled for aHearing on defendants Motion to Dismiss for Improper Venue, or in the Alternative, to TransferVenue (ECF 19), on September 28, 2023, at 10:00 a.m., and no Courtroom having been assigned,IT IS ORDERED that the Motion Hearing shall be held on September 28, 2023, at 10:00 a.m.,in Courtroom 13B, United States Courthouse, 601 Market Street, Philadelphia, Pennsylvania19106. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 9/20/2023. 9/20/2023 ENTERED AND COPIES E-MAILED.(sg)
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Filing 27
ORDER THAT A HEARING ON DEFENDANTS MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE, TO TRANSFER VENUE (ECF 19) IS SCHEDULED FOR SEPTEMBER 28, 2023 AT 10:00 A.M., IN COURTROOM TBD, UNITED STATES COURTHOUSE, 601 MARKET STREET, PHILADELPHIA, PENNSYLVANIA 19106. SIGNED BY HONORABLE KELLEY BRISBON HODGE ON 6/22/23. 6/22/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 26 REPLY to Response to Motion re #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by BRITA, LP, THE CLOROX COMPANY. (KAISER, MARY) |
| Filing 25 RESPONSE in Opposition re #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by ZERO TECHNOLOGIES, LLC. (Attachments: #1 Declaration Declaration of Jared Brandyberry, #2 Declaration Declaration of Doug Kellam, #3 Declaration Declaration of Carl Hittinger, #4 Text of Proposed Order)(KADOURA, JUSTIN) |
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Filing 24
ORDER THAT THIS CASE IS REASSIGNED FROM HONORABLE TIMOTHY J. SAVAGE TO HONORABLE KELLEY BRISBON HODGE FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/2/23. 2/2/23 ENTERED AND COPIES E-MAILED.(amas)
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Filing 23
ORDER THAT THE MOTION (DOC. NO. #22 ) IS GRANTED. PLAINTIFF SHALL FILE ITS RESPONSE, IF ANY, TO THE DEFENDANTS MOTION TO DISMISS FOR IMPROPER VENUE, OR IN THE ALTERNATIVE TO TRANSFER VENUE NO LATER THAN 3/7/23. DEFENDANTS SHALL FILE THEIR REPLY, IF ANY, TO PLAINTIFFS RESPONSE NO LATER THAN 3/28/23. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 1/20/23.1/20/23 ENTERED AND COPIES E-MAILED.(amas)
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| Filing 22 Joint MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by ZERO TECHNOLOGIES, LLC.Certificate of Service.(HITTINGER, CARL) |
| Filing 21 Disclosure Statement Form pursuant to FRCP 7.1 including The Clorox Company by BRITA, LP.(KAISER, MARY) |
| Filing 20 Disclosure Statement Form pursuant to FRCP 7.1 by THE CLOROX COMPANY.(KAISER, MARY) |
| Filing 19 MOTION to Dismiss for Improper Venue, or in the Alternative, to Transfer Venue filed by BRITA, LP, THE CLOROX COMPANY.Brief, Declarations, Certificate of Service. (Attachments: #1 Brief in Support of Motion to Dismiss or to Transfer Venue, #2 Adeyemi Declaration, #3 Ainsworth Declaration, #4 Knipmeyer Declaration, #5 Nishijima Declaration, #6 Certificate of Service, #7 Text of Proposed Order)(KAISER, MARY) |
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Filing 18
ORDER THAT THE MOTION FOR PRO HAC VICE FOR ALEXANDER P. OKULIAR FOR BRITA, LP AND THE CLOROX COMPANY IS GRANTED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/29/2022.11/30/2022 ENTERED AND COPIES E-MAILED.(sg). SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/29/2022.11/30/2022 ENTERED AND COPIES MAILED AND E-MAILED.(sg)
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Filing 17
ORDER THAT THE MOTION FOR PRO HAC VICE FOR MARY KAISER FOR BRITA, LP AND THE CLOROX COMPANY IS GRANTED. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/29/2022.11/30/2022 ENTERED AND COPIES E-MAILED.(sg) (Main Document 17 replaced on 11/30/2022) (sg). (Main Document 17 replaced on 11/30/2022) (sg).
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| Filing 16 MOTION for Pro Hac Vice of Alexander P. Okuliar ( Filing fee $ 40 receipt number APAEDC-16336202.) filed by BRITA, LP, THE CLOROX COMPANY.Declaration; Certificate of Service.(PHELAN, LISA) |
| Filing 15 MOTION for Pro Hac Vice of Mary G. Kaiser ( Filing fee $ 40 receipt number APAEDC-16335913.) filed by BRITA, LP, THE CLOROX COMPANY.Declaration; Certificate of Service.(PHELAN, LISA) |
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Filing 14
ORDER THAT upon consideration of the application ofLisa M. Phelen, Esquire, to admit Mary G Kaiser, Esquire, pro hac vice (Doc. No. 11), itis ORDERED that the application is DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/22/2022.11/23/2022 ENTERED AND COPIES E-MAILED.(sg)
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Filing 13
ORDER THAT upon consideration of the applicationsof Lisa M. Phelen, Esquire, to admit Alexander Okuliar, Esquire, pro hac vice (Doc. Nos.9 and 10), it is ORDERED that the applications are DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/22/2022.11/23/2022 ENTERED AND COPIES E-MAILED.(sg)
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Filing 12
ORDER THAT upon consideration of the Stipulation toExtend Defendants Deadline to Respond to Complaint (Doc. No 8), it is ORDERED thatthe defendants shall respond to the Complaint no later than January 6, 2023. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 11/22/2022. 11/23/2022 ENTERED AND COPIES E-MAILED.(sg)
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| Filing 11 MOTION for Pro Hac Vice as to Mary G. Kaiser ( Filing fee $ 40 receipt number APAEDC-16328654.) filed by BRITA, LP, THE CLOROX COMPANY.Certificate of Service.(PHELAN, LISA) |
| Filing 10 MOTION for Pro Hac Vice (Re-Filed Version of ECF No. 9 to include Filing Fee ( Filing fee $ 40 receipt number APAEDC-16328638.) filed by BRITA, LP, THE CLOROX COMPANY.Certificate of Service.(PHELAN, LISA) |
| Filing 9 MOTION for Pro Hac Vice as to Alexander Okuliar filed by BRITA, LP, THE CLOROX COMPANY.Certificate of Service.(PHELAN, LISA) *SEE DOC. #10 FOR RE-FILED MOTION* Modified on 11/28/2022 (lisad, ). |
| Filing 8 STIPULATION re #1 Complaint (Attorney) /Stipulation and [Proposed} Order to Extend Defendants' Deadline to Respond to Complaint by BRITA, LP, THE CLOROX COMPANY. (PHELAN, LISA) |
| Filing 7 NOTICE of Appearance by LISA MARIE PHELAN on behalf of BRITA, LP, THE CLOROX COMPANY with Certificate of Service(PHELAN, LISA) |
| Filing 6 NOTICE of Appearance by ALYSE F. STACH on behalf of ZERO TECHNOLOGIES, LLC with Certificate of Service(STACH, ALYSE) |
| Filing 5 NOTICE of Appearance by JULIAN D. PERLMAN on behalf of ZERO TECHNOLOGIES, LLC with Certificate of Service(PERLMAN, JULIAN) |
| Filing 4 WAIVER OF SERVICE Returned Executed by ZERO TECHNOLOGIES, LLC. BRITA, LP waiver sent on 10/7/2022, answer due 12/6/2022; THE CLOROX COMPANY waiver sent on 10/7/2022, answer due 12/6/2022. (HITTINGER, CARL) |
| Filing 3 Summons Issued as to BRITA, LP, THE CLOROX COMPANY. Forwarded To: EMAILED TO PLAINTIFFS COUNSEL on 10/7/2022 (sg) |
| Filing 2 Disclosure Statement Form pursuant to FRCP 7.1 including Culligan International Company by ZERO TECHNOLOGIES, LLC.(HITTINGER, CARL) |
| Filing 1 COMPLAINT (Verified) against BRITA, LP, THE CLOROX COMPANY ( Filing fee $ 402 receipt number APAEDC-16228403.), filed by ZERO TECHNOLOGIES, LLC.(HITTINGER, CARL) |
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