Jacked Up, LLC v. Sara Lee Corporation, et al
| Jacked Up LLC |
| Sara Lee Corporation and The J.M. Smucker Company |
| ADR Provider |
| 3:2011cv03296 |
| November 29, 2011 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Dallas |
| Sam A Lindsay |
| Contract: Other Contract |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on May 11, 2020. A more recent docket listing may be available from PACER.
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Filing 239
JUDGMENT/MANDATE of USCA as to #233 Notice of Appeal filed by Jacked Up LLC. It is ordered and adjudged that the judgment of the District Court is affirmed. Issued as Mandate: 5/11/2020. (svc)
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Filing 238
Opinion of USCA in accordance with USCA judgment re #233 Notice of Appeal filed by Jacked Up LLC. (svc)
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Filing 237
ORDER of USCA IT IS ORDERED that the petition for rehearing is DENIED as to #233 Notice of Appeal filed by Jacked Up LLC. (svc)
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Record on Appeal for USCA5 19-10391 (related to #233 appeal): transmitted to Michael P Lynn on disk only by hand delivery. (epm)
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Sealed Record on Appeal for USCA5 19-10391 (related to #233 appeal): transmitted to Heather Long on disk only by hand delivery. (axm) Modified on 8/22/2019 (axm).
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Filing 236
ORDER of USCA as to #233 Notice of Appeal, filed by Jacked Up LLC. The joint unopposed motion to view and obtain sealed documents is GRANTED. (axm)
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Filing 235
Received letter from USCA5: The court has granted your motion to substitute counsel. We have removed Melanie Fry, Victor Johnson, and Christopher Kratovil from the docket. Heather Long has been designated as lead counsel for Jacked Up, L.L.C. (axm)
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Record on Appeal for USCA5 19-10391 (related to #233 appeal): Record consisting of: 3 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 23-24, 30-31, 38-41, 45, 72-74, 85-90, 92, 93, 102-105, 108-109, 111-116, 126-132, 134-135, 147, 188,190,192,193,194,202,2707,210-214,217-220,223,224,226,229,230 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (svc)
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Filing 234
Transcript Order Form: transcript not requested Reminder to appellant: this document must also be filed with the appeals court. (Johnson, Victor)
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USCA Case Number 19-10391 in USCA5 for #233 Notice of Appeal, filed by Jacked Up LLC. (epm)
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Filing 233
NOTICE OF APPEAL as to #231 Memorandum Opinion and Order, #232 Judgment, to the Fifth Circuit by Jacked Up LLC. Filing fee $505, receipt number 0539-9901277. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Johnson, Victor)
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Filing 232
JUDGMENT: It is hereby ordered, adjudged and decreed that Jacked Up, LLC, (Plaintiff) take nothing against Defendant Sara Lee Corporation (Defendant) regarding its claims of breach of contract, fraud, and fraudulent inducement; that this action against Defendant is dismissed with prejudice; that all relief requested by Plaintiff is denied; and that all allowable and reasonable costs are taxed against Plaintiff. (Ordered by Judge Sam A Lindsay on 3/8/2019) (epm)
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Filing 231
Memorandum Opinion and Order granting #210 Motion for Summary Judgment and #223 Motion to Strike Summary Judgment Evidence; denying #212 Motion for Partial Summary Judgment. Jacked Up's claims against Sara Lee for breach of contract, fraud, and fraudulent inducement are hereby dismissed with prejudice. (Ordered by Judge Sam A Lindsay on 3/8/2019) (epm)
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Filing 230
(Document Restricted) Sealed Reply re: #223 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 229
(Document Restricted) Sealed Response re: #223 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Johnson, Victor)
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Filing 228
ELECTRONIC ORDER granting #227 Unopposed Motion to Extend Time. The deadline for Jacked Up to respond to Sara Lee's Motion to Strike is hereby extended from August 27, 2018, to September 4, 2018. (Ordered by Judge Sam A Lindsay on 8/25/2018) (chmb)
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Filing 227
Unopposed MOTION to Extend Time filed by Jacked Up LLC (Attachments: #1 Proposed Order) (Johnson, Victor)
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Filing 226
(Document Restricted) Sealed Reply re: #210 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2018) filed by Sara Lee Corporation (Schwegmann, Christopher) Modified text and document linkage on 8/7/2018 (ykp).
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Filing 225
***DISREGARD FILED IN ERROR PER ATTORNEY/SEE DOC. 226 FOR CORRECT FILING***(Document Restricted) Sealed Reply re: #210 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher) Modified text on 8/7/2018 (ykp).
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Filing 224
(Document Restricted) Sealed Appendix in Support re: #223 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 223
(Document Restricted) Sealed Defendant Motion to Strike Summary Judgment Evidence (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 222
ELECTRONIC ORDER granting #221 Unopposed Motion to Extend Time to File Response/Reply. The deadline for Sara Lee to file its reply brief is hereby extended from July 30, 2018, to August 6, 2018. (Ordered by Judge Sam A Lindsay on 7/28/2018) (chmb)
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Filing 221
MOTION for Extension of Time to File Response/Reply to #210 (Document Restricted) Sealed Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 220
(Document Restricted) Sealed Appendix in Support re: #219 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 219
(Document Restricted) Sealed Response re: #212 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 218
(Document Restricted) Sealed Appendix in Support re: #217 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Johnson, Victor)
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Filing 217
(Document Restricted) Sealed Response re: #210 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Johnson, Victor)
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Filing 216
ELECTRONIC ORDER granting #215 Unopposed Motion to Extend Time. The deadline for Jacked Up, LLC to file a response to Sara Lee Corporation's Motion for Summary Judgment is hereby extended from July 3, 2018, to July 16, 2018. (Ordered by Judge Sam A Lindsay on 7/3/2018) (chmb)
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Filing 215
Unopposed MOTION to Extend Time to file response filed by Jacked Up LLC (Attachments: #1 Proposed Order) (Johnson, Victor)
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Filing 214
(Document Restricted) Sealed Appendix in Support re: #212 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Attachments: #1 Additional Page(s) sealed appendix, #2 Additional Page(s) sealed appendix, #3 Additional Page(s) sealed appendix, #4 Additional Page(s) sealed appendix, #5 Additional Page(s) sealed appendix) (Johnson, Victor)
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Filing 213
(Document Restricted) Sealed Brief/Memorandum in Support re: #212 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Johnson, Victor)
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Filing 212
(Document Restricted) Plaintiff Jacked Up, LLC's Motion for Partial Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up LLC (Johnson, Victor)
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Filing 211
(Document Restricted) Sealed Appendix in Support re: #210 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Correa, Andres)
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Filing 210
(Document Restricted) Sealed Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Correa, Andres)
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Filing 209
SCHEDULING ORDER: Motions due by 6/29/2018. (Ordered by Judge Sam A Lindsay on 5/31/2018) (axm)
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Filing 208
Memorandum Opinion and Order: The court overrules Jacked Up's objections, and affirms the decision of the Magistrate Judge to exclude the testimony of Jacked Up's damages expert. (Ordered by Judge Sam A Lindsay on 5/2/2018) (svc)
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Filing 207
(Document Restricted) Sealed Response re: #202 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Correa, Andres)
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Filing 206
ELECTRONIC ORDER granting #205 Motion to Extend Time. Response to FCR Objections due by 3/27/2018.(Ordered by Judge Sam A Lindsay on 3/21/2018) (chmb)
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Filing 205
Second MOTION to Extend Time second unopposed extension of time filed by Sara Lee Corporation (Correa, Andres)
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Filing 204
ELECTRONIC ORDER granting #203 Motion to Extend Time. Accordingly, the deadline for Defendant to respond to Plaintiff's Objection to the Magistrate's Order Granting Defendant's Motion to Exclude Testimony of Plaintiff's Damages Expert is March 22, 2018. (Ordered by Judge Sam A Lindsay on 3/12/2018) (chmb)
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Filing 203
Unopposed MOTION to Extend Time for new deadline filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 202
(Document Restricted) Sealed Objection re: #199 Sealed and/or Ex Parte Order, (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 201
ELECTRONIC ORDER: Based on the parties' February 23, 2018 Joint Status Report #200 , the Clerk of the Court is directed to unseal the Court's Memorandum Opinion and Order #199 entered on February 15, 2018. (Ordered by Magistrate Judge David L. Horan on 2/23/2018.)
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Filing 200
Joint STATUS REPORT (Regarding Unsealing of Memo Opinion and Order) filed by Sara Lee Corporation. (Schwegmann, Christopher)
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Filing 199
SEALED MEMORANDUM OPINION AND ORDER granting: #188 Amended Motion to Exclude Testimony of Plaintiff's Damage Expert. Joint Status Report due by 2/28/2018 setting forth their views on whether this Memorandum Opinion and Order contains any confidential information and, if so, where and should remain sealed. (Ordered by Magistrate Judge David L. Horan on 2/15/2018) (zkc) Modified restriction level on 2/23/2018 (sss).
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Filing 198
ELECTRONIC ORDER granting #197 Motion to Withdraw as Attorney. Accordingly, the court allows Mr. Mark K. Sales and the law firm of Diamond McCarthy LLP to withdraw as counsel for Plaintiff, and they are relieved of any further obligation to or representation of Plaintiff in this case. (Ordered by Judge Sam A Lindsay on 2/1/2018) (chmb)
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Filing 197
MOTION to Withdraw as Attorney filed by Jacked Up, LLC (Attachments: #1 Proposed Order Proposed Order on Motion to Withdraw) (Sales, Mark)
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Filing 196
NOTICE TO THE PARTIES. (Ordered by Judge Sam A Lindsay on 1/23/2018) (aaa)
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Filing 195
Supplemental Document by Jacked Up, LLC as to #180 Status Report Letter to Court requesting trial date or scheduling conference. (Johnson, Victor)
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Filing 194
(Document Restricted) Sealed Reply re: #188 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Correa, Andres)
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Filing 193
(Document Restricted) Sealed Appendix in Support re: #192 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 192
(Document Restricted) Sealed Response re: #188 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 191
Order Referring Motion #188 Defendant's Amended Motion to Exclude Testimony of Plaintiff's Damages Expert (Sealed pursuant to order dated 5/31/2012) Motion referred to Magistrate Judge David L. Horan. (Ordered by Judge Sam A Lindsay on 11/28/2017) (ams) Modified document security per chambers on 1/23/2018 (cea).
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Filing 190
(Document Restricted) Sealed Appendix in Support re: #188 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 189
***DISREGARD PER ATTORNEY/WILL REFILE DOCUMENT***(Document Restricted) Sealed Appendix in Support re: #188 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher) Modified text on 11/27/2017 (ykp).
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Filing 188
(Document Restricted) Defendant Amended Motion to Exclude Testimony of Plaintiff Damage Expert (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 187
ORDER denying #183 Motion for Reconsideration; granting #184 Motion for Leave to File and directs Sara Lee to file the Motion to Exclude by Monday, 11/27/2017. (Ordered by Judge Sam A Lindsay on 11/21/2017) (ran)
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Filing 186
RESPONSE filed by Jacked Up, LLC re: #184 MOTION for Leave to File Motion to Exclude (Daubert Motion) (Johnson, Victor)
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Filing 185
RESPONSE filed by Sara Lee Corporation re: #183 MOTION for Reconsideration re #72 (Document Restricted) Sealed Motion for Partial Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) (Correa, Andres)
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Filing 184
MOTION for Leave to File Motion to Exclude (Daubert Motion) filed by Sara Lee Corporation, The J.M. Smucker Company with Brief/Memorandum in Support. (Schwegmann, Christopher)
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Filing 183
MOTION for Reconsideration re #72 (Document Restricted) Sealed Motion for Partial Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Proposed Order) (Johnson, Victor)
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Filing 182
Supplemental Document by Jacked Up, LLC as to #180 Status Report Letter requesting order for mediation. (Johnson, Victor)
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Filing 181
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #179 Order, (Attachments: #1 Exhibit(s) A - Indictment, #2 Exhibit(s) B - News Articles, #3 Exhibit(s) C - Docket Sheet) (Schwegmann, Christopher)
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Filing 180
STATUS REPORT Letter to Court regarding availability for trial filed by Jacked Up, LLC. (Johnson, Victor)
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Filing 179
ORDER: The court directs the clerk of court to reopen this action. The parties are to inform the court of the length of time it will take to try the remaining claims. All of the requested information must be provided in writing to the court by 7/12/2017. (Ordered by Judge Sam A Lindsay on 6/20/2017) (ran)
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Filing 178
JUDGMENT/MANDATE of USCA as to #169 Notice of Appeal and, #174 Amended Notice of Appeal filed by Jacked Up, LLC. Case AFFIRM in part, REVERSE in part, and remanded to the district court for further proceedings. Issued as Mandate: 5/17/2017. (svc)
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Filing 177
Opinion of USCA in accordance with USCA judgment re #169 Notice of Appeal and, #174 Amended Notice of Appeal filed by Jacked Up, LLC. (svc)
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Filing 176
Order Accepting #166 Findings, Conclusions and Recommendation of the United States Magistrate Judge: Accordingly, the court denies Plaintiff's #157 Motion to Review Costs Taxed by Clerk and awards Defendants Sara Lee Corporation and The JM Smucker Corporation taxable costs in the amount of $20,307.66. (Ordered by Judge Sam A Lindsay on 4/5/2016) (twd)
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Sealed Portion of Record on Appeal for USCA5 15-11019 (related to #169 , #174 appeal): transmitted to Dykema Cox Smith on disk only by hand delivery. (axm)
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Filing 175
ORDER of USCA as to #169 Notice of Appeal filed by Jacked Up LLC, #174 Amended Notice of Appeal filed by Jacked Up LLC. The motion to view and obtain sealed documents is GRANTED. (axm)
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Record on Appeal for USCA5 15-11019 (related to #169 , #174 appeal): Record consisting of: ECF electronic record on appeal (eROA) is certified, 1 ECF electronic record on appeal (eROA) for case 3:13-cv-3752, 1 Volume(s) electronic transcript, Sealed or ex parte electronic document number(s): 23-24, 30-31, 38-41, 45, 72-74, 85-90, 92, 93, 102-105, 108-109, 111-116, 126-132, 134-135, 147 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so, since the USCA5 briefing deadline has now been set. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (axm)
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Filing 174
AMENDED NOTICE OF APPEAL as to #153 Judgment, #171 Order to the Fifth Circuit by Jacked Up, LLC. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Johnson, Victor) Modified text and linkage on 2/23/2016 (axm).
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Filing 173
Notice of Correction of Signature Omission, correcting signature omission in #172 Transcript Requested/Not Requested filed by Jacked Up, LLC. (Johnson, Victor) (Main Document 173 replaced on 2/9/2016 - pdf flatten) (axm).
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Filing 172
Transcript Order Form: re #169 Notice of Appeal transcript not requested (Johnson, Victor) (Main Document 172 replaced on 2/8/2016; pdf flatten) (axm).
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Filing 171
ORDER denying #159 MOTION to Alter or Amend Judgment. (Ordered by Judge Sam A Lindsay on 1/20/2016) (jrr)
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Filing 170
Received letter from USCA: Request for Status Update. (jrr)
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USCA Case Number 15-11019 in USCA5 for #169 Notice of Appeal filed by Jacked Up, LLC. (axm)
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Filing 169
NOTICE OF APPEAL as to #153 Judgment,, to the Fifth Circuit by Jacked Up, LLC. Filing fee $505, receipt number 0539-7123770. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Johnson, Victor)
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Filing 168
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #167 Response/Objection (Schwegmann, Christopher)
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Filing 167
OBJECTION filed by Jacked Up, LLC re: #166 Findings and Recommendations on Motion re: #157 Motion for Miscellaneous Relief filed by Jacked Up, LLC. (Johnson, Victor)
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Filing 166
Findings and Recommendations on Motion: Plaintiff's #157 MOTION Review Costs Taxed by Clerk should be denied, and Defendants should be awarded taxable costs in the amount of $20,307.66. (See order for specifics) (Ordered by Magistrate Judge David L Horan on 9/2/2015) (mcrd)
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Filing 165
REPLY filed by Jacked Up, LLC re: #157 MOTION Review Costs Taxed by Clerk (Sikes, James)
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Filing 164
REPLY filed by Jacked Up, LLC re: #159 MOTION to Alter Judgment or Amend Judgment (Johnson, Victor)
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Filing 163
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #157 MOTION Review Costs Taxed by Clerk (Schwegmann, Christopher)
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Filing 162
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #159 MOTION to Alter Judgment or Amend Judgment (Schwegmann, Christopher)
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Filing 161
ORDER GRANTING #160 AGREED MOTION TO EXTEND DEADLINE: Before the court is Defendants' Agreed Motion to Extend Deadline to Respond to Plaintiff's Motion to Review Costs Taxed by Clerk (Doc No. #160 ). Having considered the pleadings on file, the Court finds the motion should be GRANTED. IT IS THEREFORE ORDERED that Defendants' deadline to file their response brief is extended to 7/28/2015. (Ordered by Magistrate Judge David L Horan on 7/21/2015) (bdb)
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Filing 160
MOTION for Extension of Time to File Response/Reply to #157 MOTION Review Costs Taxed by Clerk filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 159
MOTION to Alter or Amend Judgment filed by Jacked Up, LLC (Sikes, James) Docket text modified on 7/6/2015 (twd).
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Filing 158
ORDER OF REFERENCE: Pursuant to 28 U.S.C. 636(b), Plaintiff's #157 Motion to Review Costs Taxed by Clerk, filed 6/30/2015, is hereby referred to United States Magistrate Judge David L. Horan for hearing, if necessary, and for the United States Magistrate Judge to submit to the court proposed findings and recommendations for disposition of the motion. (Ordered by Judge Sam A Lindsay on 7/2/2015) (bdb)
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Filing 157
MOTION Review Costs Taxed by Clerk filed by Jacked Up, LLC (Sikes, James)
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Filing 156
Costs Taxed in amount of $ 25,495.17 against Jacked Up LLC. (axm)
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Filing 155
BILL OF COSTS by Sara Lee Corporation, The J.M. Smucker Company. (Schwegmann, Christopher)
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Filing 154
*** PLEASE DISREGARD, ATTORNEY TO REFILE WITH SIGNATURE*** BILL OF COSTS by Sara Lee Corporation, The J.M. Smucker Company. (Schwegmann, Christopher) Modified on 6/9/2015 (aaa).
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Filing 153
JUDGMENT: The court issues this judgment pursuant to the two Memoranda Opinions and Orders filed earlier today (Doc. Nos. #151 and #152 ). Accordingly, it is hereby ordered, adjudged, and decreed that Jacked Up, LLC ("Plaintiff") take nothing against Defendants Sara Lee Corporation and The J.M. Smucker Company ("Defendants"); that this action against Defendants is dismissed with prejudice; that all relief requested by Plaintiff is denied; that all allowable and reasonable costs are taxed against Plaintiff. (Ordered by Judge Sam A Lindsay on 6/4/2015) (aaa)
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Filing 152
MEMORANDUM OPINION AND ORDER granting #107 Motion for Summary Judgment filed by The J.M. Smucker Company. (Ordered by Judge Sam A Lindsay on 6/4/2015) (Main Document 152 replaced and docket text edited on 6/4/2015) (ali).
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Filing 151
Memorandum Opinion and Order. (Ordered by Judge Sam A Lindsay on 6/4/2015) (Main Document 151 replaced and docket text edited on 6/4/2015) (ali).
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Filing 150
Sur-reply filed by Sara Lee Corporation re: #110 MOTION for Summary Judgment (Schwegmann, Christopher)
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Filing 149
NOTICE of Trial Date Availability re: #144 Order Setting Deadline/Hearing,, filed by Jacked Up, LLC (Sikes, James)
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Filing 148
NOTICE of TRIAL DATES IN RESPONSE TO COURT'S ORDER OF 04-17-15 re: #144 Order Setting Deadline/Hearing filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 147
(Document Restricted) Sealed Sur-reply re: #146 Order Unfiling Pleading,,, Modify Hearings/Deadlines,, #144 Order Setting Deadline/Hearing,, (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James)
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Filing 146
ORDER re Plaintiff's #145 Sur-reply: Plaintiff's surreply violates the court's #144 order, which limited the parties' briefing to seven pages. Plaintiff's brief totals fourteen pages. Accordingly, because of Plaintiff's brazen disregard for the court's order, the court strikes Plaintiff's #145 Sur-reply to Defendant Sara Lee Corporation's Reply. The court orders Plaintiff to file a sur-reply that fully complies with its earlier-issued #144 order by Monday, 4/27/2015. The court orders Defendant Sara Lee Corporation ("Sara Lee") to file its brief in response by Monday, 5/04/2015. (Ordered by Judge Sam A Lindsay on 4/23/2015) (twd)
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Filing 145
(Document Restricted) STRICKEN per #146 Order*** Sealed Sur-reply re: #144 Order Setting Deadline/Hearing,, (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James) Modified on 4/23/2015 (twd).
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Filing 144
ORDER: The court orders Plaintiff to respond to arguments raised in Sara Lee's Reply with respect to Plaintiff's claim for fraudulent inducement by Wednesday 4/22/2015, and the court orders Sara Lee to file its brief in response by Monday, 4/27/2015. The court orders the parties to inform it of their availability for trial starting 6/15/2015, through early July, by 4/28/2015. The court denies as moot Defendants' #141 Unopposed Motion to Extend Deadlines to Submit Pretrial Materials. (Ordered by Judge Sam A Lindsay on 4/17/2015) (ykp)
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Filing 143
ELECTRONIC ORDER granting #142 Application for Admission Pro Hac Vice of Daniel J. Stephenson. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Sam A Lindsay on 4/17/2015) (chmb)
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Filing 142
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Daniel J. Stephenson (Filing fee $25; Receipt number 0539-6737413) filed by Jacked Up, LLC (Johnson, Victor)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:144. Fri Apr 17 14:46:34 CDT 2015 (crt)
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Filing 141
Unopposed MOTION for Extension of Time to File PreTrial Materials filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 139
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #137 Notice (Other) (Schwegmann, Christopher)
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Filing 140
ORDER granting #138 Motion to Withdraw as Attorney. Attorney Michelle Youn Ku terminated. (Ordered by Judge Sam A Lindsay on 3/4/2015) (twd)
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Filing 138
Unopposed MOTION to Withdraw as Attorney Michelle Y Ku filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 137
NOTICE of New Case Law filed by Jacked Up, LLC (Attachments: #1 Exhibit(s) Case Law) (Sikes, James)
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Filing 136
AMENDED SCHEDULING ORDER: Jury Trial set for 5/18/2015 before Judge Sam A Lindsay. Pretrial Order due by 4/20/2015. Pretrial Materials due by 4/20/2015. Pretrial Conference set for 5/15/2015 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 1/27/2015) (tlm)
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Filing 135
(Document Restricted) Sealed Response re: #129 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 134
(Document Restricted) Sealed Response re: #129 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 133
Notice of Correction of Signature Omission, correcting signature omission in #132 Sealed and/or Ex Parte Reply/Sur-reply filed by Sara Lee Corporation. (Schwegmann, Christopher)
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Filing 132
(Document Restricted) Sealed Reply re: #110 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 131
(Document Restricted) Sealed Reply re: #107 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 130
(Document Restricted) Sealed Brief/Memorandum in Support re: #129 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James)
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Filing 129
(Document Restricted) Motion to Strike Summary Judgment Evidence (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James)
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Filing 128
(Document Restricted) Sealed Appendix in Support re: #127 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s), #12 Additional Page(s), #13 Additional Page(s), #14 Additional Page(s), #15 Additional Page(s), #16 Additional Page(s), #17 Additional Page(s), #18 Additional Page(s), #19 Additional Page(s), #20 Additional Page(s), #21 Additional Page(s), #22 Additional Page(s), #23 Additional Page(s), #24 Additional Page(s), #25 Additional Page(s), #26 Additional Page(s), #27 Additional Page(s), #28 Additional Page(s), #29 Additional Page(s), #30 Additional Page(s), #31 Additional Page(s), #32 Additional Page(s), #33 Additional Page(s), #34 Additional Page(s), #35 Additional Page(s), #36 Additional Page(s), #37 Additional Page(s), #38 Additional Page(s), #39 Additional Page(s), #40 Additional Page(s), #41 Additional Page(s), #42 Additional Page(s), #43 Additional Page(s), #44 Additional Page(s), #45 Additional Page(s), #46 Additional Page(s)) (Sikes, James)
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Filing 127
(Document Restricted) Sealed Response re: #110 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James)
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Filing 126
(Document Restricted) Sealed Response re: #107 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 125
ORDER denying #118 Motion to Extend Time to File Response/Reply. (See order for specifics) (Ordered by Judge Sam A Lindsay on 12/5/2014) (mcrd)
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Filing 124
ELECTRONIC ORDER: The oral argument set for December 17, 2014 on Plaintiff's Motion to Compel #113 is CANCELLED as moot. (Ordered by Magistrate Judge David L. Horan on 12/5/2014.)
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Filing 123
Memorandum Opinion and Order denying #113 Sealed Motion. (Ordered by Judge Sam A Lindsay on 12/5/2014) (ndt)
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Filing 122
ORDER: After reviewing the transcript, the court determines that the magistrate judges order granting in part and denying in part Defendant's Motion to Compel was not clearly erroneous or contrary to law. Accordingly, the court overrules Plaintiffs Objections to Magistrate's Order. (Ordered by Judge Sam A Lindsay on 12/5/2014) (ndt)
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Filing 121
REPLY filed by Jacked Up, LLC re: #118 MOTION for Extension of Time to File Response/Reply to #111 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #110 MOTION for Summary Judgment , #107 MOTION for Summary Judgment , #108 Sealed and/or Ex Parte Append (Johnson, Victor)
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Filing 120
ORDER: Because Plaintiff's current summary judgment response deadline of Monday, 12/08/2014, is quickly approaching, the court would like to rule on Plaintiff's motion for extension of time by the close of business today to avoid any ambiguity as to the parties' respective summary judgment response and reply deadlines. Accordingly, any reply by Plaintiff in support of its motion for extension of time must be filed no later than 3 p.m., on 12/05/2014, and shall not exceed three pages in length exclusive of signature and certificate of service pages. (Ordered by Judge Sam A Lindsay on 12/5/2014) (ndt) Docket text modified on 12/8/2014 (twd).
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Filing 119
RESPONSE filed by Sara Lee Corporation, The J.M. Smucker Company re: #118 MOTION for Extension of Time to File Response/Reply to #111 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #110 MOTION for Summary Judgment , #107 MOTION for Summary Judgment , #108 Sealed and/or Ex Parte Append (Attachments: #1 Exhibit(s) Email) (Schwegmann, Christopher)
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Filing 118
MOTION for Extension of Time to File Response/Reply to #111 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #110 MOTION for Summary Judgment , #107 MOTION for Summary Judgment , #108 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support filed by Jacked Up, LLC (Johnson, Victor)
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Filing 117
ORDER SETTING ORAL ARGUMENT: Motion Hearing set for 12/17/2014 02:00 PM before Magistrate Judge David L Horan re: #113 (Document Restricted) Sealed Motion to Compel (Sealed pursuant to order dated 5/30/2012) (Ordered by Magistrate Judge David L Horan on 12/3/2014) (mcrd)
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Filing 116
***Vacated per #123 Order*** (Document Restricted) SEALED Order Referring Motion. re: #113 (Document Restricted) Sealed Motion to Compel (Sealed pursuant to order dated 5/30/2012) Motion(s) referred to Magistrate Judge David L Horan. (Ordered by Judge Sam A Lindsay on 12/3/2014) (ndt) Modified on 12/8/2014 (twd).
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Filing 115
(Document Restricted) Sealed Reply re: #85 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 114
(Document Restricted) Sealed Reply re: #87 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 113
(Document Restricted) Sealed Motion to Compel (Sealed pursuant to order dated 5/30/2012) filed by Jacked Up, LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s)) (Johnson, Victor)
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Filing 112
(Document Restricted) Sealed Response re: #105 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 111
(Document Restricted) Sealed Brief/Memorandum in Support re: #110 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 110
MOTION for Summary Judgment filed by Sara Lee Corporation (Schwegmann, Christopher)
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Filing 109
(Document Restricted) Sealed Appendix in Support re: #108 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Vol 1 of Appendix, #2 Vol 2 of Appendix) (Schwegmann, Christopher)
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Filing 108
(Document Restricted) Sealed Brief/Memorandum in Support re: #107 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 107
MOTION for Summary Judgment filed by The J.M. Smucker Company with Brief/Memorandum in Support. (Schwegmann, Christopher)
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Filing 106
Notice of Filing of Official Electronic Transcript of Motion to Quash, Motion to Compel (Telephonic) Proceedings held on 10/28/2014 before Judge David L. Horan. Court Reporter/Transcriber Kathy Rehling, kathyrehlingtranscripts@gmail.com, Telephone number 972-786-3063. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a #Redaction Request - Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (72 pages). Redaction Request due 12/8/2014. Redacted Transcript Deadline set for 12/17/2014. Release of Transcript Restriction set for 2/16/2015. (Rehling, Kathy)
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Filing 105
(Document Restricted) Sealed Objection re: 100 Order on Sealed and/or Ex Parte Motion,,,, (Sealed pursuant to order dated 5/30/2012) filed by Jacked Up, LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Johnson, Victor)
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Filing 104
(Document Restricted) Sealed Appendix in Support re: #103 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Attachments: #1 Exhibit(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s)) (Sikes, James)
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Filing 103
(Document Restricted) Sealed Response re: #85 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Sikes, James)
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Filing 102
(Document Restricted) Sealed Response re: #87 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 101
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge David L Horan: Motions Hearing held telephonically on 10/28/2014 re #95 Motion to Quash filed by Jacked Up, LLC and #92 Sealed and/or Ex Parte Motion filed by The J.M. Smucker Company, Sara Lee Corporation. Attorney Appearances: Plaintiff - Victor Johnson; Defense - Christopher Schwegmann. (Court Reporter: Digital File) (No exhibits) Time in Court - 2:00. (chmb)
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Filing 99
ELECTRONIC ORDER: The Court DENIES #95 Plaintiff's Emergency Motion to Quash Subpoena Duces Tecum and for Protective Order for the reasons explained on the record during the October 28, 2014 telephonic oral argument. (Ordered by Magistrate Judge David L. Horan on 10/28/2014.)
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Filing 98
ELECTRONIC ORDER: Telephonic oral argument is set for October 28, 2014 at 4:00 p.m. Central on Defendants' Motion to Compel #92 and Plaintiff's Emergency Motion to Quash Subpoena Duces Tecum and for Protective Order #95 before United States Magistrate Judge David L. Horan. Plaintiff's counsel shall circulate a dial-in number to the Court (at Horan_Orders@txnd.uscourts.gov) and to Defendants' counsel. (Ordered by Magistrate Judge David L. Horan on 10/27/2014.)
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Filing 97
ORDER OF REFERENCE Referring #92 Motion to Compel and #95 Emergency Motion to Quash Subpoena Duces Tecum and for Protective Order to Magistrate Judge David L Horan. (Ordered by Judge Sam A Lindsay on 10/27/2014) (tln)
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Filing 96
ORDER granting #94 Unopposed Motion Regarding Deadlines. Accordingly, the deadline for Plaintiff to file a: (1) Reply in Support of its Motion for Partial Summary Judgment; (2) Response to Defendants' Motion to Exclude Testimony; and (3) Response to Defendants' Motion to Strike Summary Judgment Evidence is 11/10/2014. (Ordered by Judge Sam A Lindsay on 10/27/2014) (tln)
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Filing 95
Emergency MOTION to Quash Subpoena Duces Tecum and For Protective Order filed by Jacked Up, LLC (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D) (Johnson, Victor)
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Filing 94
Unopposed MOTION to Extend Time Regarding Deadlines filed by Jacked Up, LLC (Johnson, Victor)
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Filing 93
(Document Restricted) Sealed Appendix in Support re: #92 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 92
(Document Restricted) (Sealed) Defendants' Motion to Compel and Brief in Support (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 91
Proof of Service for Subpoena served on Nutrition Science Laboratories, LLC on 10/3/2014. (tln)
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Filing 90
(Document Restricted) Sealed Appendix in Support re: #88 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 89
(Document Restricted) Sealed Appendix in Support re: #88 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 88
(Document Restricted) Sealed Response re: #72 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 87
(Document Restricted) (Sealed) Defendants' Motion to Strike Summary Judgment Evidence and Brief in Support Thereof (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 86
(Document Restricted) Sealed Appendix in Support re: #85 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 85
(Document Restricted) Defendants' Motion to Exclude Testimony of Plaintiff's Damages Expert and Brief in Support Thereof (Sealed pursuant to motion to seal) filed by Sara Lee Corporation, The J.M. Smucker Company (Schwegmann, Christopher)
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Filing 84
ORDER: Before the court is the #83 Unopposed Motion for Entry of Order Extending Motion for Summary Judgment Response Deadline and Compelling Joe Schmitz to Appear for Deposition filed, 9/16/2014. The court determines that the motion should be, and is hereby, granted. Accordingly, Mr. Joe Schmitz shall appear to have his deposition taken on 9/25/2014; and the deadline for Defendants to respond to Plaintiff's Motion for Partial Summary Judgment is 10/10/2014. (Ordered by Judge Sam A Lindsay on 9/17/2014) (ctf)
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Filing 83
MOTION for Extension of Time to File Response/Reply to #72 (Document Restricted) Sealed Motion for Partial Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Proposed Order Proposed Order) (Johnson, Victor)
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Filing 82
ORDER: The court grants Defendant's Motion to Continue Deadline to Respond to Plaintiff's Motion for Summary Judgment (Doc. #75 ). Because Mr. Schmitz's deposition has been scheduled for 9/16/2014, and Plaintiff has indicated that Mr. Schmitz is available on this date to be deposed, the court extends Defendants' summary judgment response deadline to 10/1/2014. (Ordered by Judge Sam A Lindsay on 9/8/2014) (ctf)
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Filing 81
Appendix in Support filed by Sara Lee Corporation re #79 Response/Objection, #75 MOTION for Extension of Time to File Response/Reply, #80 Reply (Lynn, Michael)
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Filing 80
REPLY filed by Sara Lee Corporation re: #75 MOTION for Extension of Time to File Response/Reply (Lynn, Michael)
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Filing 79
RESPONSE filed by Jacked Up, LLC re: #75 MOTION for Extension of Time to File Response/Reply (Attachments: #1 Exhibit(s) A - Email) (Johnson, Victor)
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Filing 78
ORDER: Before the court is Defendant's Motion to Continue Deadline to Respond to Plaintiff's Motion for Summary Judgment (Doc. #75 ), filed 8/27/2014, by Defendant Sara Lee Corporation ("Defendant"). To avoid delay, the court will expedite the briefing on Defendant's Motion to Continue Deadline to Respond to Plaintiff's Motion for Summary Judgment. Accordingly, any response in opposition to Defendant's motion must be filed by 9/3/2014. Any reply by Defendant must be filed by 9/8/2014. (Ordered by Judge Sam A Lindsay on 8/28/2014) (ctf)
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Filing 77
Appendix in Support filed by Sara Lee Corporation re #75 MOTION to Continue Deadline to Respond to Plaintiff's Motion for Partial Summary Judgment, #76 Brief/Memorandum in Support of Motion (Lynn, Michael)
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Filing 76
Brief/Memorandum in Support filed by Sara Lee Corporation re #75 MOTION to Continue Deadline to Respond to Plaintiff's Motion for Partial Summary Judgment (Lynn, Michael)
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Filing 75
MOTION to Continue Deadline to Respond to Plaintiff's Motion for Partial Summary Judgment filed by Sara Lee Corporation (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 74
(Document Restricted) Sealed Appendix in Support re: #72 Sealed and/or Ex Parte Motion (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s) sealed appendix, #2 Additional Page(s) sealed appendix, #3 Additional Page(s) sealed appendix, #4 Additional Page(s) sealed appendix, #5 Additional Page(s) sealed appendix, #6 Additional Page(s) sealed appendix, #7 Additional Page(s) sealed appendix, #8 Additional Page(s) sealed appendix, #9 Additional Page(s) sealed appendix, #10 Additional Page(s) sealed appendix, #11 Additional Page(s) sealed appendix, #12 Additional Page(s) sealed appendix, #13 Additional Page(s) sealed appendix, #14 Additional Page(s) sealed appendix, #15 Additional Page(s) sealed appendix, #16 Additional Page(s) sealed appendix, #17 Additional Page(s) sealed appendix, #18 Additional Page(s) sealed appendix, #19 Additional Page(s) sealed appendix, #20 Additional Page(s) sealed appendix, #21 Additional Page(s) sealed appendix) (Johnson, Victor)
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Filing 73
(Document Restricted) Sealed Brief/Memorandum in Support re: #72 Sealed and/or Ex Parte Motion (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 72
(Document Restricted) Sealed Motion for Partial Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Johnson, Victor)
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Filing 71
THIRD AMENDED SCHEDULING ORDER: Trial set for four-week docket beginning 3/2/2015 before Judge Sam A Lindsay. Motions due by 11/17/2014. Discovery due by 11/3/2014. Pretrial Order due by 2/2/2015. Pretrial Materials due by 2/2/2015. Pretrial Conference set for 2/25/2015 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 7/11/2014) (axm)
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Filing 70
Agreed MOTION to Amend/Correct Scheduling Order filed by Jacked Up, LLC, The J.M. Smucker Companny, Sara Lee Corporation. (Johnson, Victor) Modified on 6/10/2014 (skt).
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Filing 69
AFFIDAVIT of Service for Subpoena to Testify at a Deposition in a Civil Action served on Jim Whitaker on 5/15/2014. (jrr)
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Filing 68
NOTICE of Filing Defendants' F.R.C.P. 26(a)(2) Expert Disclosures filed by Sara Lee Corporation, The J.M. Smucker Company (Lynn, Michael)
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Filing 67
Supplemental Document by Jacked Up, LLC Supplemental Disclosures. (Johnson, Victor)
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Filing 66
AFFIDAVIT of Service for Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises in a Civil Action served on DSM Nutritional Products LLC on 3/3/2014. (jrr)
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Filing 65
Pretrial Disclosures by Jacked Up, LLC. (Johnson, Victor) Docket event type modified on 2/18/2014 (twd).
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Filing 64
Joint STATUS REPORT of Settlement Negotiations filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company. (Correa, Andres)
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Filing 63
***VACATED PER #71 ORDER*** SECOND AMENDED SCHEDULING ORDER: Before the court is the parties' #62 Agreed Motion to Amend Scheduling Order, filed 1/3/2014. The court determines that good cause exists to extend deadlines and grants the parties' agreed motion to amend scheduling order. Accordingly, the court vacates its First Amended Scheduling Order issued 10/9/2013, and issues this second amended scheduling order. This case is set for trial on this court's four-week docket beginning 11/3/2014 before Judge Sam A Lindsay. Joinder of Parties due by 2/14/2014. Amended Pleadings due by 2/14/2014. Motions due by 6/16/2014. Discovery due by 6/2/2014. Pretrial Materials due by 10/6/2014. Pretrial Order due by 10/6/2014. Settlement Status Report due by 1/31/2014. Pretrial Conference set for 10/30/2014 at 10:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 1/6/2014) (ctf) Modified on 7/11/2014 (axm).
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Filing 62
MOTION to Amend/Correct Scheduling Order filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Proposed Order proposed order) (Johnson, Victor)
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Filing 61
ELECTRONIC ORDER granting #58 Motion to Substitute Attorney. (Ordered by Judge Sam A Lindsay on 10/24/2013) (chmb)
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Filing 60
ANSWER to #53 Amended Complaint with Jury Demand filed by The J.M. Smucker Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Schwegmann, Christopher)
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Filing 59
ANSWER to #53 Amended Complaint with Jury Demand filed by Sara Lee Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Schwegmann, Christopher)
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Filing 58
Unopposed MOTION to Substitute Attorney. Added attorney Michael P Lynn. Motion filed by Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Proposed Order) (Lynn, Michael)
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Filing 57
NOTICE of Attorney Appearance by Victor C Johnson on behalf of Jacked Up, LLC. (Filer confirms contact info in ECF is current.) (Johnson, Victor)
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Filing 56
NOTICE of Attorney Appearance by Michael P Lynn on behalf of All Defendants. (Filer confirms contact info in ECF is current.) (Lynn, Michael)
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Filing 55
MEDIATION ORDER. The parties are to select or designate a mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 4/11/2014. (Ordered by Judge Sam A Lindsay on 10/9/2013) (axm)
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Filing 54
***VACATED PER #63 ORDER***FIRST AMENDED SCHEDULING ORDER: The court vacates the Scheduling Order issued 3/30/2012, and issues this first amended scheduling order. Trial set for four-week docket beginning 9/8/2014 before Judge Sam A Lindsay. Joinder of Parties due by 1/10/2014. Amended Pleadings due by 1/10/2014. Motions due by 4/18/2014. Discovery due by 4/4/2014. Pretrial Order due by 8/11/2014. Pretrial Materials due by 8/11/2014. Status Report due by 1/10/2014. Pretrial Conference set for 9/4/2014 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 10/9/2013) (axm) Modified on 1/6/2014 (ctf).
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Filing 53
SECOND AMENDED COMPLAINT WITH JURY DEMAND against All Defendants filed by Jacked Up LLC. (Johnson, Victor) Modified text on 10/8/2013 (axm).
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Filing 52
ORDER granting #51 Motion to Withdraw as Attorney. Attorney Matthew E Yarbrough terminated. (Ordered by Judge Sam A Lindsay on 9/30/2013) (aaa)
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Filing 51
Unopposed MOTION to Withdraw Matthew Yarbrough and the Yarbrough Law Group as Counsel of Record and NOTICE of Designation of Lead Attorney by Jacked Up, LLC. (Filer confirms contact info in ECF is current.) (Johnson, Victor) Modified event on 9/27/2013 (skt).
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Filing 50
ORDER CONSOLIDATING CASES: Member case(s) 3:13cv3752-L consolidated with lead case 3:11cv3296-L. In light of the court's ruling consolidating the two actions, the court denies without prejudice Defendant Sara Lee Corporation's #29 Motion for Partial Summary Judgment, filed 4/15/2013, and directs Plaintiff to file an amended complaint by 10/7/2013, that contains the claims asserted in both cases. Thereafter, the court will enter an amended scheduling order. (Ordered by Judge Sam A Lindsay on 9/25/2013) (tln)
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Filing 49
ORDER denying #48 Motion to Lift Stay. (Ordered by Judge Sam A Lindsay on 8/28/2013) (skt)
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Filing 48
MOTION to Lift Stay filed by Jacked Up, LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s), #3 Exhibit(s), #4 Exhibit(s), #5 Proposed Order) (Johnson, Victor) Modified on 8/21/2013 (skt).
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Filing 47
RESPONSE filed by Sara Lee Corporation re: #46 MOTION to Strike #45 Sealed and/or Ex Parte Reply/Sur-reply (Lewis, Veronica)
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Filing 46
MOTION to Strike #45 Sealed and/or Ex Parte Reply/Sur-reply filed by Jacked Up, LLC (Attachments: #1 Proposed Order) (Johnson, Victor)
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Filing 45
(Document Restricted) Sealed Reply re: #29 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Lewis, Veronica)
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Filing 44
ORDER granting #43 Agreed Motion to Extend Time to File Reply in Support of Motion for Partial Summary Judgment. Replies due by 6/12/2013. (Ordered by Judge Sam A Lindsay on 6/5/2013) (axm)
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Filing 43
Agreed MOTION for Extension of Time to File Response/Reply in Support re: #29 MOTION for Partial Summary Judgment filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 42
Alternative Dispute Resolution Summary filed by Harlan Martin. Attorneys in Attendance: Matthew E. Yarbrough, Victor C. Johnson, Veronica S. Lewis and Jason C. McKenney. Prv Fee: $ 5,350.00. Outcome of ADR: Parties were unable to reach a settlement. (Martin, Harlan)
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Filing 41
(Document Restricted) Sealed Additional Attachments to #40 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s) Plaintiffs Appendix, #2 Additional Page(s) Plaintiffs Appendix, #3 Additional Page(s) Plaintiffs Appendix, #4 Additional Page(s) Plaintiffs Appendix, #5 Additional Page(s) Plaintiffs Appendix, #6 Additional Page(s) Plaintiffs Appendix, #7 Additional Page(s) Plaintiffs Appendix, #8 Declaration(s) Victor Johnson, #9 Declaration(s) Joseph M. Schmitz) (Johnson, Victor) Modified on 5/23/2013 (skt).
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Filing 40
(Document Restricted) Sealed Appendix in Support re: #39 Sealed and/or Ex Parte Response/Objection,, (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s) Plaintiffs Appendix, #2 Additional Page(s) Plaintiffs Appendix, #3 Additional Page(s) Plaintiffs Appendix, #4 Additional Page(s) Plaintiffs Appendix) (Johnson, Victor)
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Filing 39
(Document Restricted) Sealed Response re: #38 Sealed and/or Ex Parte Response/Objection,,,, (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s) Plaintiffs Appendix, #2 Additional Page(s) Plaintiffs Appendix, #3 Additional Page(s) Plaintiffs Appendix, #4 Additional Page(s) Plaintiffs Appendix, #5 Additional Page(s) Plaintiffs Appendix, #6 Additional Page(s) Plaintiffs Appendix, #7 Additional Page(s) Plaintiffs Appendix, #8 Additional Page(s) Plaintiffs Appendix, #9 Additional Page(s) Plaintiffs Appendix) (Johnson, Victor)
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Filing 38
(Document Restricted) Sealed Response re: #29 Motion for Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Additional Page(s) Response to MSJ, #2 Exhibit(s) Appendix Index, #3 Exhibit(s) Plaintiffs Appendix, #4 Exhibit(s) Plaintiffs Appendix, #5 Exhibit(s) Plaintiffs Appendix, #6 Exhibit(s) Plaintiff's Appendix, #7 Exhibit(s) Plaintiffs Appendix, #8 Exhibit(s) Plaintiffs Appendix, #9 Exhibit(s) Plaintiffs Appendix, #10 Exhibit(s) Plaintiffs Appendix, #11 Exhibit(s) Plaintiffs Appendix, #12 Exhibit(s) Plaintiffs Appendix, #13 Exhibit(s) Plaintiffs Appendix, #14 Exhibit(s) Plaintiffs Appendix, #15 Exhibit(s) Plaintiffs Appendix, #16 Exhibit(s) Plaintiffs Appendix, #17 Exhibit(s) Plaintiffs Appendix, #18 Exhibit(s) Plaintiffs Appendix, #19 Exhibit(s) Plaintiffs Appendix, #20 Exhibit(s) Plaintiffs Appendix, #21 Exhibit(s) Plaintiffs Appendix, #22 Exhibit(s) Plaintiffs Appendix, #23 Exhibit(s) Plaintiffs Appendix, #24 Exhibit(s) Plaintiffs Appendix, #25 Exhibit(s) Plaintiffs Appendix, #26 Exhibit(s) Plaintiffs Appendix) (Johnson, Victor)
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Filing 37
***INCORRECT PDF, SEE DOCUMENT #38 FOR CORRECT PDF***(Document Restricted) Sealed Response re: #29 Motion for Summary Judgment (Sealed pursuant to SO 19-1, statute, or rule) filed by Jacked Up, LLC (Attachments: #1 Exhibit(s) Appendix Index, #2 Exhibit(s) Plaintiffs Appendix, #3 Exhibit(s) Plaintiffs Appendix, #4 Exhibit(s) Plaintiffs Appendix, #5 Exhibit(s) Plaintiffs Appendix, #6 Exhibit(s) Plaintiff's Appendix, #7 Exhibit(s) Plaintiffs Appendix, #8 Exhibit(s) Plaintiff's Appendix, #9 Exhibit(s) Plaintiff's Appendix, #10 Declaration(s) Victor Johnson, #11 Declaration(s) Joseph M. Schmitz) (Johnson, Victor) Modified on 5/22/2013 (skt).
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Filing 36
ORDER: Before the court is Plaintiff's #35 Agreed Motion for Extension of Time to Respond, filed 5/17/2013. The court determines that the motion should be, and is hereby, granted. Accordingly, the deadline for Plaintiff to file a response to Defendant Sara Lee Corp.'s #29 Motion for Partial Summary Judgment is extended from 5/17/2013, to 5/20/2013. (Ordered by Judge Sam A Lindsay on 5/17/2013) (ctf)
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Filing 35
AGREED MOTION for Extension of Time to File Response/Reply re: #29 MOTION for Partial Summary Judgment filed by Jacked Up, LLC (Attachments: #1 Proposed Order) (Johnson, Victor)
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Filing 34
ORDER granting #32 Stipulation and Joint Motion Regarding Case Scheduling Deadlines. The court appoints Harlan A Martin as mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 5/23/2013. ADR Summary form due 5/27/2013. Responses due by 5/17/2013 re: #29 Motion for Partial Summary Judgment. All other deadlines in this action shall be held in abeyance. (Ordered by Judge Sam A Lindsay on 4/19/2013) (axm)
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ELECTRONIC Minute Entry for proceedings held before Judge Sam A Lindsay: Telephone Conference held on 4/19/2013. Attorney Appearances: Plaintiff - Victor Johnson; Defense - Jason McKenney. (Court Reporter: Charyse Crawford) (No exhibits) Time in Court - 0:30. (chmb)
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Filing 33
ORDER re: #32 Stipulation and Joint Motion Regarding Scheduling Deadlines. Telephone Conference set for 4/19/2013 10:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 4/16/2013) (axm)
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Filing 32
STIPULATION and Joint Motion regarding Case Schedule Deadlines by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company. (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 31
(Document Restricted) Sealed Appendix in Support re: #29 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Lewis, Veronica)
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Filing 30
(Document Restricted) Sealed Brief/Memorandum in Support re: #29 Motion for Summary Judgment (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation (Lewis, Veronica)
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Filing 29
MOTION for Partial Summary Judgment filed by Sara Lee Corporation (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 28
NOTICE of Filing Proof of Service filed by Jacked Up, LLC (Attachments: #1 Affidavit(s) Proof of Service) (Johnson, Victor)
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Filing 27
ORDER granting #22 Motion to Compel (See order for specifics) (Ordered by Magistrate Judge David L Horan on 12/11/2012) (mcrd)
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Filing 26
ORDER: The parties shall submit a joint status report by 12/10/2012. re: #22 MOTION to Compel . (See order for specifics) (Ordered by Magistrate Judge David L Horan on 11/29/2012) (mcrd)
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Filing 25
ORDER OF REFERENCE REFERRING #22 Motion to Compel to Magistrate Judge David L Horan. (Ordered by Judge Sam A Lindsay on 11/29/2012) (tln)
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Filing 24
(Document Restricted) Sealed Appendix in Support re: #22 Motion to Compel, #23 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Lewis, Veronica)
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Filing 23
(Document Restricted) Sealed Brief/Memorandum in Support re: #22 Motion to Compel (Sealed pursuant to order dated 5/31/2012) filed by Sara Lee Corporation, The J.M. Smucker Company (Lewis, Veronica)
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Filing 22
MOTION to Compel filed by Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 21
NOTICE of Attorney Appearance by Victor C Johnson on behalf of All Plaintiffs. (Filer will update contact info in ECF.) (Johnson, Victor)
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Filing 20
ORDER granting #19 Motion to Substitute Attorney. Attorney Kelly D. Hine and J. Kristopher Long terminated. Matthew E. Yarbrough and the law firm of Yarbrough Law Group PC are substituted as counsel for Plaintiff. (Ordered by Judge Sam A Lindsay on 8/30/2012) (tla)
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Filing 19
Plaintiff Jacked Up, LLC's Unopposed Motion for Leave to Substitute Counsel filed by Jacked Up, LLC. Added attorney Matthew E Yarbrough for Jacked Up, LLC. (Attachments: #1 Proposed Order) (Hine, Kelly) Modified on 8/27/2012 (rlw).
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Filing 18
Joint STATUS REPORT - Settlement Status Report filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company. (Lewis, Veronica)
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Filing 17
AGREED PROTECTIVE ORDER. (Ordered by Judge Sam A Lindsay on 5/31/2012) (tln)
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Filing 16
Joint MOTION for Protective Order filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 15
MEDIATION ORDER. The parties are to select or designate a mediator. #Alternative Dispute Resolution Summary form provided electronically or by US Mail as appropriate. Deadline for mediation is on or before 3/15/2013. (Ordered by Judge Sam A Lindsay on 3/20/2012) (ctf)
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Filing 14
***VACATED PER #54 ORDER*** SCHEDULING ORDER: Jury Trial set for four-week docket beginning 10/7/2013 before Judge Sam A Lindsay. Amended Pleadings due by 9/14/2012. Joinder of Parties due by 9/14/2012. Motions due by 5/17/2013. Discovery due by 5/3/2013. Pretrial Order due by 9/9/2013. Pretrial Materials due by 9/9/2013. Status Report due by 6/18/2012. Pretrial Conference set for 10/4/2013 at 09:00 AM before Judge Sam A Lindsay. (Ordered by Judge Sam A Lindsay on 3/20/2012) (ctf) Modified on 10/9/2013 (axm).
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Filing 13
Joint STATUS REPORT filed by Jacked Up, LLC, Sara Lee Corporation, The J.M. Smucker Company. (Hine, Kelly)
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Filing 12
ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: Status Report due by 3/14/2012. (Ordered by Judge Sam A Lindsay on 2/13/2012) (ctf)
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Filing 11
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by The J.M. Smucker Company. (Lewis, Veronica)
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Filing 10
ANSWER to #5 Amended Complaint filed by The J.M. Smucker Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Lewis, Veronica)
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Filing 9
ANSWER to Complaint filed by Sara Lee Corporation. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. (Lewis, Veronica)
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Filing 8
ORDER granting #7 Motion for Extension of Time to File Answer. The deadline for Defendant Sara Lee Corporation to answer or otherwise respond to Plaintiff's First Amended Complaint is 2/10/2012. (Ordered by Judge Sam A Lindsay on 12/23/2011) (ctf)
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Filing 7
Unopposed Motion for Extension of Time to File Answer to First Amended Complaint filed by Sara Lee Corporation (Attachments: #1 Proposed Order) (Lewis, Veronica)
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Filing 6
ORDER: On 12/08/2011, Plaintiff filed Plaintiff's First Amended Complaint adding Defendant The J.M. Smucker Company. In light of this additional defendant being added to the this action the court vacates its #4 Order Requiring Attorney Conference and Status Report. The court will reissue a status report order when Defendant, The J.M. Smucker Company, makes an appearance in this case. (Ordered by Judge Sam A Lindsay on 12/12/2011) (twd)
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Filing 5
AMENDED COMPLAINT WITH JURY DEMAND Plaintiff's First Amended Complaint against The J.M. Smucker Company filed by Jacked Up, LLC. Clerk to issue summons(es). (Hine, Kelly)
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Filing 4
***VACATED per #6 Order*** ORDER REQUIRING ATTORNEY CONFERENCE AND STATUS REPORT: Attorney conference shall take place no later than 12/16/2011. Status Report due by 1/3/2012. (Ordered by Judge Sam A Lindsay on 12/1/2011) (axm) Modified on 12/12/2011 (twd).
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Filing 3
New Case Notes: A filing fee has been paid. Magistrate Judge Kaplan preliminarily assigned. File to Judge Lindsay. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (skt)
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Filing 2
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Sara Lee Corporation. (Lewis, Veronica)
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Filing 1
NOTICE OF REMOVAL WITH JURY DEMAND from 134th Judicial District Court of Dallas County, Texas, case number 11-14149 filed by Sara Lee Corporation. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the #Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. (Filing fee $350; receipt number 0539-4263209) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership (Attachments: #1 Exhibit(s), #2 Cover Sheet, #3 Cover Sheet Supplement) (Lewis, Veronica)
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