Fiber Research International v. Nutrigold
Fiber Research International |
Nutrigold and Nutralliance |
Jiaherb, Grads Management, Grads Innovations, Grads Holdings, Z&A, R&S Information, Ripple Alkire and John Alkire |
IdealShape and Obesity Research Institute |
2:2016cv01251 |
December 12, 2016 |
US District Court for the District of Utah |
Central Office |
Utah |
Evelyn J Furse |
Bruce S Jenkins |
Other Statutory Actions |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Plaintiff |
Docket Report
This docket was last retrieved on November 8, 2019. A more recent docket listing may be available from PACER.
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Filing 222 Report on the Final Decision of an action sent to the Director of the U.S. Patent and Trademark Office. (jmr) |
Filing 221 ORDER granting Amended Stipulated #220 Motion to Dismiss. Case Closed. All of Plaintiffs claims, including Plaintiffs Second Amended Complaint and all causes of action therein, against Nutralliance in this action are dismissed WITHPREJUDICE. See Order for details. Signed by Judge Bruce S. Jenkins on 11/7/19. (jmr) |
Filing 220 Amended MOTION to Dismiss and Stipulated filed by Plaintiff Fiber Research International. (Attachments: #1 Text of Proposed Order Order on stipulated motion to Dismiss)(Kerr, Jason) |
Filing 218 Stipulated MOTION to Dismiss filed by Plaintiff Fiber Research International. (Attachments: #1 Text of Proposed Order Order on Stipulated Motion for Dismissal)(Kerr, Jason) |
Filing 217 SCHEDULING ORDER:Ten Day Jury Trial set for 2/10/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. See Order for additional details. Signed by Judge Bruce S. Jenkins on 10/10/19. (jmr) |
Filing 215 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Report, Scheduling Conference and Related Matters held on 9/25/2019. approval 10 day Jury Trial set for 2/10/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Jason M. Kerr, Attorney for Defendant: Mark A. Nickel. Court Reporter: Laura Robinson.(kpf) Modified on to add days of trial 9/30/2019 (kpf). Modified on to add text and image 12/23/2019 (kpf). |
Filing 214 NOTICE OF HEARING: Status Report, Scheduling Conference and related matters set for 9/25/2019 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 212 NOTICE VACATING STATUS HEARING set for 8/23/2019, 1:15 PM before Judge Jenkins. (kms) |
Filing 211 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 8/12/2019. Detailed minute entry to follow pending Judge Jenkins' approval. Status Conference set for 8/23/2019 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Jason Kerr, Attorney for Defendant: Mark Nickel, Sara Payne. Court Reporter: Laura Robinson.(Time Start: 1:27:27, Time End: 2:30:12, Room 7.200.)(las) . Modified on 9/5/2019 by adding approved minute entry. (las). |
Filing 210 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 7/17/2019. Status Conference set for 8/12/2019 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: John Snow, Attorney for Defendant: Sara Payne. Court Reporter: Phoebe Moorhead.(Time Start: 1:20:22, Time End: 1:26:48, Room 7.200.)(las) Modified to add text and image on 8/12/2019 (kpf). |
Filing 209 NOTICE OF HEARING: Re: to consider in open court #208 the Joint Status Report of counsel and request for continuance of follow up reports, set for 7/17/2019 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 208 STATUS REPORT Joint Status Reort Regarding Settlement Progress by Fiber Research International. (Attachments: #1 Text of Proposed Order Proposed Order Re: Joint Status Report)(Kerr, Jason) |
Filing 207 ORDER on Joint Status Report Regarding Settlement- The Court hereby ORDERS that this action remain stayed pending the finalization of the Parties' settlement agreement. The Court further ORDERS the Parties to file a status report regarding settlement or a stipulated dismissal on or before July 10, 2019. Signed by Judge Bruce S. Jenkins on 6/17/2019. (las) |
Filing 206 STATUS REPORT Joint by Nutralliance. (Attachments: #1 Text of Proposed Order)(Pangan, Hazel) |
Filing 205 ORDER on Joint Status Report Regarding Settlement. The Court hereby ORDERS that this action remained stayed pending the finalization of the Parties' settlement agreement. The Court further ORDERS the Parties to file a status report regarding settlement or a stipulated dismissal on or before June 10, 2019. Signed by Judge Bruce S. Jenkins on 5/15/2019. (las) |
Filing 204 STATUS REPORT Joint by Nutralliance. (Attachments: #1 Text of Proposed Order)(Pangan, Hazel) |
Filing 203 Amended ORDER on Joint Status Report Regarding Settlement: The Court, having reviewed the Joint Status Report Regarding Settlement (Dkt. No. #201 ) filed by Plaintiff Fiber Research International, LLC and Defendant Nutralliance, Inc. (collectively, the "Parties"), hereby stays this action pending the finalization of the Parties' settlement agreement and hereby ORDERS the Parties to file a status report regarding settlement or a stipulated dismissal on or before May 10, 2019. Signed by Judge Bruce S. Jenkins on 4/12/2019. (las) |
Filing 202 ORDER on Joint Status Report Regarding Settlement - The Court, having reviewed the Joint Status Report Regarding Settlement (Dkt. No. 200 ) filed by Plaintiff Fiber Research International, LLC and Defendant Nutralliance, Inc. (collectively, the "Parties"), hereby stays this action pending the finalization of the Parties' settlement agreement and hereby ORDERS the Parties to file a status report regarding settlement or a stipulated dismissal on or before May 10, 2019. Signed by Judge Bruce S. Jenkins on 4/10/2019. (las) |
Filing 201 STATUS REPORT Joint by Nutralliance. (Attachments: #1 Text of Proposed Order)(Pangan, Hazel) |
Filing 199 NOTICE VACATING Final Pretrial Conference set for 8/9/2019 at 10:00 am before Judge Bruce S. Jenkins (Notice generated by clerks office). (las) |
Filing 198 ORDER - The Court, having reviewed the Joint Notice of Suggestion of Settlement (Dkt. No. 197) filed by Plaintiff Fiber Research International, LLC and Defendant Nutralliance, Inc. (collectively, the "Parties"), hereby vacates the hearings, dates, and deadlines stated in the Court's Minute Order dated February 12, 2019 (Dkt. No. 192). The Parties are ordered to file a status report regarding settlement or a stipulated dismissal on or before April 10, 2019. Signed by Judge Bruce S. Jenkins on 3/12/2019. (las) |
Filing 197 NOTICE of Settlement Joint Suggestion of Settlement by Nutralliance (Pangan, Hazel) |
Filing 196 ORDER denying #179 Motion to Enforce Settlement. Signed by Judge Bruce S. Jenkins on 2/26/2019. (las) |
Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Hearing on Motion held on December 7, 2018 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Rebecca Janke, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 3/18/2019. Redacted Transcript Deadline set for 3/28/2019. Release of Transcript Restriction set for 5/28/2019. (las) Modified by removing restricted text on 5/28/2019 (rgj). |
Filing 193 ORDER denying #175 Motion for Short Term Discovery re: Motion to Quash Subpoena. Signed by Judge Bruce S. Jenkins on 2/15/2019. (las) |
Filing 192 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 2/12/2019 re #179 MOTION to Enforce Settlement Agreement and Motion to Stay filed by Fiber Research International. Final Pretrial Conference reset for 8/9/2019 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Jason M. Kerr, David R. Parkinson, Attorney for Defendant: Mark A. Nickel, Richard P. Sybert. Court Reporter: Ed Young.(kpf) . Modified to add text and image on 2/20/2019 (kpf). |
Filing 191 Supplemental MEMORANDUM in Opposition re #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit 1)(Kerr, Jason) |
Filing 190 NOTICE OF HEARING ON MOTION re: #179 MOTION to Enforce Settlement Agreement and Motion to Stay : Motion Hearing set for 2/12/2019 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 189 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 1/28/2019 re #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Nutralliance. Attorney for Plaintiff: Jason Kerr, Attorney for Defendant: Richard P. Sybert, Mark A. Nickel. Court Reporter: Becky Janke.(kpf). Modified on to add text and image 2/5/2019 (kpf). |
Filing 188 REQUEST for Hearing and Request to Submit for Decision filed by Plaintiff Fiber Research International. (Kerr, Jason) |
Filing 187 REPLY to Response to Motion re #179 MOTION to Enforce Settlement Agreement and Motion to Stay filed by Plaintiff Fiber Research International. (Kerr, Jason) |
Filing 186 RESPONSE to Motion re #179 MOTION to Enforce Settlement Agreement and Motion to Stay filed by Counter Claimant Nutralliance, Defendant Nutralliance. Attorney Mark A. Nickel added to party Nutralliance(pty:cc), Attorney Mark A. Nickel added to party Nutralliance(pty:dft)(Nickel, Mark) |
Filing 185 DECLARATION of Christopher Sullivan in Support of Plaintiff's Opposition to non-party Obesity Research LLC's Expedited Short Form Discovery Motion Re IRSI Subpoena filed by Fiber Research International. (Kerr, Jason) |
Filing 184 Redacted RESPONSE filed by Fiber Research International(a Nevada Limited Liability Company). (Attachments: #1 Exhibit A - FRI's Answers and Objections to Nutralliance's 1st Set of RFAs, #2 Exhibit B - Deposition of John Alkire)(Kerr, Jason) |
Filing 183 Supplemental AFFIDAVIT/DECLARATION of Richard P. Sybert in Support re #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Notice Party Obesity Research Institute. (Sybert, Richard) |
Filing 182 NOTICE OF HEARING ON MOTION re: #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC : Motion Hearing set for 1/28/2019 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 181 AFFIDAVIT/DECLARATION of HENNY DEN UIJL in Support re #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Notice Party Obesity Research Institute. Attorney Richard P. Sybert added to party Obesity Research Institute(pty:ntc)(Sybert, Richard) |
Filing 180 Plaintiff's MEMORANDUM in Opposition re #175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Plaintiff Fiber Research International. (Attachments: #1 Affidavit Declaration of David R. Parkinson)(Parkinson, David) |
Filing 179 MOTION to Enforce Settlement Agreement and Motion to Stay filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Kerr, Jason) |
Filing 178 NOTICE of of Withdrawal of Motion to Quash Subpoena or for Protective Order by IdealShape re #171 MOTION to Quash Subpoena to Produce Documents and Memorandum in Support (Cornish, Rita) |
Filing 177 **SEALED DOCUMENT** re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents , #167 Motion Hearing, #161 Sealed Document, #160 Memorandum in Opposition to Motion, filed by Counter Claimant Nutralliance, Defendant NutrallianceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Nickel, Mark) |
Filing 176 Redacted RESPONSE to Motion re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents Nutralliance Inc.'s Notice of Supplemental Information Following Hearing filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 175 Third Party MOTION for Short Form Discovery re: Motion to Quash Subpoena of Fiber Research by Non-Party Obesity Research Institute, LLC filed by Defendant Nutralliance Notice Party Obesity Research Institute. (Attachments: #1 Declaration of Richard P. Sybert, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Sybert, Richard) Modified on 1/8/2019 by correcting text (las). |
Filing 174 Modification of Docket: Correction: Attached approved minute entry. re #146 Motion Hearing. (kpf) |
Filing 173 Modification of Docket: Correction: Attached approved minute entry. re #153 Miscellaneous Hearing re: Settlement of Order. (kpf) |
Filing 172 Defendant's RESPONSE to Plaintiff's Notice of Submission of Information Regarding Chemical Structure of Glucomannan filed by Nutralliance. (Attachments: #1 Exhibit 1)(Pangan, Hazel) |
Filing 171 MOTION to Quash Subpoena to Produce Documents and Memorandum in Support filed by Notice Party IdealShape. (Attachments: #1 Appendix, #2 Exhibit A Subpoena to Produce Documents, #3 Exhibit B Declaration of Daniel Lane in Support of Motion to Quash, #4 Exhibit C Fiber Initial Disclosures) Attorney Rita M. Cornish added to party IdealShape(pty:ntc)(Cornish, Rita) |
Filing 170 NOTICE of Resolution of Plaintiff's Short Form Discovery Motion by Nutralliance re #165 MOTION for Short Form Discovery re: Production of samples MOTION to Expedite this short form discovery motion (Nickel, Mark) |
Filing 169 ORDER granting #168 Motion for Extension of Time and the court schedules December 21, 2018 to be the deadline for Nutralliance, Inc to oppose Plaintiffs motion. Signed by Judge Bruce S. Jenkins on 12/18/2018. (kpf) |
Filing 168 Stipulated MOTION for Extension of Time to Oppose Plaintiff's Short Form Discovery Motion filed by Defendant Nutralliance. (Attachments: #1 Text of Proposed Order)(Nickel, Mark) |
Filing 167 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 12/10/2018 re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents filed by Fiber Research International. Attorney for Plaintiff: Jason M. Kerr, Attorney for Defendant: Mark A. Nickel, Richard P. Sybert. Court Reporter: Becky Janke.(kpf) Modified on to add text and image 5/8/2019 (kpf). |
Filing 166 NOTICE of Submission of Information regarding chemical structure of Glucomannan pursuant to courts request by Fiber Research International (Attachments: #1 Exhibit A) (Kerr, Jason) |
Filing 165 MOTION for Short Form Discovery re: Production of samples , MOTION to Expedite this short form discovery motion filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order Order)(Kerr, Jason) |
Filing 164 NOTICE of Appearance by Sara Elizabeth Payne on behalf of Nutralliance (Payne, Sara) |
Filing 163 NOTICE of Appearance by Mark A. Nickel on behalf of Nutralliance (Nickel, Mark) |
Filing 162 NOTICE OF HEARING ON MOTION re: #157 Short Form Discovery MOTION for Protective Order to Maintain "Confidential" Designation of Produced Documents: Motion Hearing set for 12/7/2018 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 161 **SEALED DOCUMENT** re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents filed by Counter Claimant Nutralliance, Defendant NutrallianceNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit, #2 Certificate of Service)(Nickel, Mark) |
Filing 160 Redacted MEMORANDUM in Opposition re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Attachments: #1 Exhibit 1)(Nickel, Mark) |
Filing 159 MOTION for Leave to File Sealed Document re #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents In Response Thereto filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 158 ERRATA to #157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents filed by Plaintiff Fiber Research International Signed copy of Declaration of Ryusuke Shimizu. (Kerr, Jason) |
Filing 157 MOTION for Short Form Discovery re: Protective Order to Maintain "Confidential" Designation of Produced Documents filed by Plaintiff Fiber Research International. (Attachments: #1 Affidavit Declaration of Ryusuke Shimizu, #2 Text of Proposed Order Proposed Order)(Kerr, Jason) |
Filing 156 ORDER finding as moot #135 Motion to Compel; finding as moot #136 Motion for Short Term Discovery ; sustains #147 Motion to Vacate. Signed by Judge Bruce S. Jenkins on 10/31/2018. (las) |
Filing 155 SCHEDULING ORDER: Discovery due by 3/31/2019. Motions due by 4/15/2019. Agreed form of pretrial order due to chambers by 05/23/2019. Final Pretrial Conference set for 5/28/2019 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 10/31/2018. (kpf) |
Filing 154 DESIGNATION OF EXPERTS Spencer Carter, PhD filed by Plaintiff Fiber Research International.(Kerr, Jason) |
Filing 153 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Miscellaneous Hearing held on 10/11/2018. Discovery due by 12/31/2018. Motions due by 4/15/2019. Final Pretrial Conference set for 5/28/2019 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Proposed Pretrial Order due by 5/23/2019. Attorney for Plaintiff: Jason Kerr, David Parkinson, Mark Williams, Attorney for Defendant: Mark Nickel, Hazel Pangan. Court Reporter: Laura Robinson.(Time Start: 10:04:56, Time End: 10:55:36, Room 7.200.)(las) Modified to add text and image on 1/4/2019 (kpf). |
Filing 152 NOTICE OF HEARING: Re: Settlement of Form of Order. Hearing is re-set for 10/11/2018 at 10:00 AM in Rm 7.200. (kms) |
Filing 151 NOTICE VACATING HEARING Re: Settlement of form of Order set for 10/4/2018, 10:00 a.m. before Judge Jenkins. (To be re-set for 10/11 at 10:00 a.m.) (kms) |
Filing 150 Plaintiff's RESPONSE to Defendant Nutralliance's Objection to Proposed Orders Regarding Short Form Discovery Motions filed by Fiber Research International. (Attachments: #1 Exhibit 1)(Kerr, Jason) |
Filing 149 NOTICE OF HEARING: Re: Settlement of Form of Order. Hearing set for 10/4/2018 at 10:00 AM in Rm 7.200. (kms) |
Filing 148 ORDER granting #116 Motion to Dismiss. THEREFORE, Nutralliance's Counterclaim for Declaratory Relief (Dkt. 99) is DISMISSED WITHOUT PREJUDICE. The Court will allow Nutralliance, if it so chooses, to file an appropriate motion or motions relating to a new counterclaim or alignment of parties within twenty days from the entry of this Order. Signed by Judge Bruce S. Jenkins on 9/25/2018. (las) |
Filing 147 MOTION to Vacate #146 Motion Hearing,,,,, and Memorandum in Support Objection to Plaintiff's Proposed Order Granting Motion to Compel Production of Documents Responsive to Plaintiffs Request for Production No. 2 and Denying Without Prejudice Motion to Compel Admission of Plaintiffs Request for Admission Nos. 39 and 40 filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 145 NOTICE of of Withdrawl of Plaintiff's Motion to Exclude Portions of Rebuttal Expert Report of Neil J. Beaton by Fiber Research International re #142 MOTION to Exclude Portions of Rebuttal Expert Report of Neil J. Beaton and Memorandum in Support (Kerr, Jason) |
Filing 146 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 9/14/2018 re #116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter filed by Ripple Alkire, Fiber Research International, John Alkire, Z&A, Grads Innovations, R&S Information, Grads Holdings, Grads Management, #135 MOTION to Compel Production of Documents in Reponse to Plaintiff's RFP No. 2 and Memorandum in Support MOTION to Expedite Resolution of the Motion and Memorandum in Support filed by Fiber Research International, #136 MOTION for Short Form Discovery re: Request for Admission MOTION to Expedite Resoultion of the Motion and Memorandum in Support filed by Fiber Research International. Attorney for Plaintiff: Mark Williams, David Parkinson and Jason Kerr, Attorney for Defendant: Mark A. Nickel - Nutralliance; Dft Chad Nydegger - Nutrigold. Court Reporter: Patti Walker.(kpf) Modified on to add text 9/21/2018 (kpf). Modified to add text and image on 1/4/2019 (kpf). |
Filing 144 ORDER granting #143 Motion to Dismiss Defendant Nutrigold and Nutrigold's Dismissal of Counterclaims. Grads Holdings, Grads Innovations, Grads Management, Nutrigold, Nutrigold, Nutrigold, Nutrigold, Nutrigold, Nutrigold, R&S Information, Z&A, John Alkire and Ripple Alkire terminated. Signed by Judge Bruce S. Jenkins on 9/14/2018. (las) |
Filing 143 Stipulated MOTION to Dismiss Party NutriGold and Memorandum in Support filed by Defendant Nutrigold. (Attachments: #1 Exhibit A Declaration of Osman Khan, #2 Text of Proposed Order Proposed Order)(Nydegger, Chad) |
Filing 142 MOTION to Exclude Portions of Rebuttal Expert Report of Neil J. Beaton and Memorandum in Support filed by Plaintiff Fiber Research International. (Kerr, Jason) |
Filing 141 NOTICE VACATING STATUS CONFERENCE set for 09/14/18, 1:15 p.m. before Judge Jenkins. (PLEASE NOTE: TIME CHANGE ONLY. THE STATUS CONFERENCE AND MOTIONS HEARING WILL BEGIN AT 10:00 A.M.) (kms) |
Filing 140 RESPONSE to Motion re #136 MOTION for Short Form Discovery re: Request for Admission MOTION to Expedite Resoultion of the Motion and Memorandum in Support filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 139 RESPONSE to Motion re #135 MOTION to Compel Production of Documents in Reponse to Plaintiff's RFP No. 2 and Memorandum in Support MOTION to Expedite Resolution of the Motion and Memorandum in Support filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 138 AMENDED NOTICE OF HEARING ON MOTIONS AND STATUS CONFERENCE re: #116 Joint MOTION to Dismiss (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter; #135 Short Form Discovery MOTION to Compel Production of Documents in Response to Plaintiff's Request for Production No. 2; and #136 Short Form Discovery MOTION to Compel Nutralliance to Respond and Admit Plaintiff's Request for Admission Nos. 39 and 40: Motion Hearing set for 9/14/2018 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (PLEASE NOTE CHANGE IN TIME AND TWO ADDITIONAL MOTIONS SET.) (kms) |
Filing 137 NOTICE VACATING FINAL PRETRIAL CONFERENCE set for 9/7/18, 10:00 a.m. before Judge Jenkins. (See Minute Entry #124 .) (kms) |
Filing 136 MOTION for Short Form Discovery re: Request for Admission , MOTION to Expedite Resoultion of the Motion and Memorandum in Support filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit Discovery Responses, #2 Exhibit Discovery Requests)(Kerr, Jason) |
Filing 135 MOTION to Compel Production of Documents in Reponse to Plaintiff's RFP No. 2 and Memorandum in Support , MOTION to Expedite Resolution of the Motion and Memorandum in Support filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit Discovery Responses, #2 Exhibit Discovery Requests)(Kerr, Jason) |
Filing 134 NOTICE of Appearance by Mark J. Williams on behalf of Fiber Research International (Williams, Mark) |
Filing 133 REPLY to Response to Motion re #116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter filed by Counter Defendants John Alkire, Ripple Alkire, Fiber Research International, Grads Holdings, Grads Innovations, Grads Management, R&S Information, Z&A. (Kerr, Jason) |
Filing 132 AMENDED NOTICE OF HEARING ON MOTION re: #116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter : (Notice generated by clerks office) Motion Hearing reset for 9/14/2018 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. (las) |
Filing 131 ORDER granting #130 Motion to Continue the August 6 Oral Argument. The Court having reviewed the parties' Stipulation to Continue the August 6 Oral Argument [ECF No. 130] (the "Stipulation"), hereby grants the Stipulation, vacates the Oral Argument scheduled for August 6, 2018, and reschedules it for September 14, 2018 at 1:15 pm. Signed by Judge Bruce S. Jenkins on 7/30/2018. (las) |
Filing 130 MOTION to Continue August 6 Oral Argument and Memorandum in Support filed by Counter Claimant Nutralliance, Defendant Nutralliance. (Nickel, Mark) |
Filing 129 NOTICE OF HEARING ON MOTION re: #116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter : Motion Hearing set for 8/6/2018 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 128 RESPONSE to Motion re #116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counter filed by Counter Claimants Nutralliance, Nutrigold, Nutrigold, Nutrigold, Nutrigold, Defendants Nutralliance, Nutrigold. (Nickel, Mark) |
Filing 126 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing on Short Form Discovery held on June 18, 2018 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Laura Robinson, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 7/23/2018. Redacted Transcript Deadline set for 8/2/2018. Release of Transcript Restriction set for 10/1/2018. (las) Modified by removing restricted text on 10/1/2018 (rgj). |
Filing 125 Modification of Docket: Correction: Attached approved minute entry. re #124 Motion Hearing. (kpf) |
Filing 124 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 6/18/2018 re #117 Joint MOTION for Short Form Discovery re: Deposition and Production of Documents MOTION to Expedite treatment and Memorandum in Support filed by Nutralliance, Jiaherb Status Conference set for 9/14/2018 at 01:15 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Jason M. Kerr, David R. Parkinson, Attorney for Defendant: Mark. A. Nickel. Court Reporter: Laura Robinson.(kpf) Modified on to dd text and image 6/26/2018 (kpf). |
Filing 123 ORDER granting #121 Motion to Dismiss Party. Jiaherb terminated. IT IS FURTHER ORDERED that the Counterclaim of Jiaherb,Inc., and all causes of action therein, be dismissed with prejudice against all Counterclaim Defendants, including Fiber Research, LLC and Counterclaim Defendants Grads Innovations, LLC, R & S Information, LLC, Z & A, LLC, Grads Management Co., LLC, Grads Holdings, L.L.L.P., John Alkire, and Ripple Alkire. Signed by Judge Bruce S. Jenkins on 6/15/2018. (las) |
Filing 122 DESIGNATION OF EXPERTS Neil Beaton, Dean Stull, Kantha Shelke, Brian Salerno, and April Martin List of Experts Disclosed to Plaintiff filed by Counter Claimant Nutralliance, Defendant Nutralliance.(Pangan, Hazel) |
Filing 121 Stipulated MOTION to Dismiss Party Jiaherb, Inc. and Memorandum in Support and Jiaherb's Dismissal of Counterclaim filed by Plaintiff Fiber Research International. (Attachments: #1 Text of Proposed Order Proposed Order)(Parkinson, David) |
Filing 120 NOTICE of Intent to Raise an Issue about a Foreign Country's Law by Fiber Research International (Attachments: #1 Exhibit Document from the US Embassy in Japan) (Parkinson, David) |
Filing 119 NOTICE OF HEARING ON MOTION re: #117 Joint MOTION for Short Form Discovery re: Deposition and Production of Documents : Motion Hearing set for 6/18/2018 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 118 MEMORANDUM in Opposition re #117 Joint MOTION for Short Form Discovery re: Deposition and Production of Documents MOTION to Expedite treatment and Memorandum in Support filed by Plaintiff Fiber Research International. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposes Order)(Kerr, Jason) |
Filing 117 Joint MOTION for Short Form Discovery re: Deposition and Production of Documents , MOTION to Expedite treatment and Memorandum in Support filed by Counter Claimants Jiaherb, Nutralliance, Defendants Jiaherb, Nutralliance. (Nickel, Mark) |
Filing 116 Joint MOTION to Dismiss and Memorandum in Support (1) Defendant Nutralliances' Counterclaim for Declaratory Relief; (2) Defendant Jiaherb's Counterclaim for Declaratory Relief; and (3) Defendant Nutrigold Inc.'s First Amended Counterclaim for Declaratory Relief filed by Counter Defendants John Alkire, Ripple Alkire, Fiber Research International, Grads Holdings, Grads Innovations, Grads Management, R&S Information, Z&A. Attorney Jason M. Kerr added to party John Alkire(pty:cd), Attorney Jason M. Kerr added to party Ripple Alkire(pty:cd), Attorney Jason M. Kerr added to party Grads Holdings(pty:cd), Attorney Jason M. Kerr added to party Grads Innovations(pty:cd), Attorney Jason M. Kerr added to party Grads Management(pty:cd), Attorney Jason M. Kerr added to party R&S Information(pty:cd), Attorney Jason M. Kerr added to party Z&A (pty:cd)(Kerr, Jason) |
Filing 115 NOTICE VACATING MOTION HEARING set for 5/24/18, 2:30 p.m. before Judge Jenkins. (kms) |
Filing 114 NOTICE of Appearance by Joseph A. Alisa on behalf of Nutralliance, Nutrigold (Alisa, Joseph) |
Filing 113 WITHDRAWAL OF MOTION by Defendant Jiaherb re #111 Joint MOTION for Protective Order and Memorandum in Support (Jiaherb and Nutralliance) filed by Jiaherb . (Erickson, Michael) |
Filing 112 NOTICE OF HEARING ON MOTION re: #111 Joint MOTION for Protective Order (Jiaherb and Nutralliance) : Motion Hearing set for 5/24/2018 at 02:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 111 Joint MOTION for Protective Order and Memorandum in Support (Jiaherb and Nutralliance) filed by Defendant Jiaherb. (Erickson, Michael) |
Filing 110 DESIGNATION OF EXPERTS Ryan C. Mehner List of Experts Disclosed to Plaintiff filed by Defendant Jiaherb.(Erickson, Michael) |
Filing 109 DESIGNATION OF EXPERTS Neil J. Beaton, CPA/ABV/CFF, CFA, ASA List of Experts Disclosed to Plaintiff filed by Counter Claimant Nutralliance, Defendant Nutralliance.(Pangan, Hazel) |
Filing 108 DESIGNATION OF EXPERTS Dr. George C. Fahey, Jr., Ph.D., Ian McAlexander, Ph.D., Rick S. Hoffman, CPA/ABV, Gavin MacKay, John Alkire, Yoshinori Shimizu filed by Plaintiff Fiber Research International.(Kerr, Jason) |
Filing 107 Amended COUNTERCLAIM for Declaratory Relief against Fiber Research International filed by Nutrigold. (Nydegger, Chad) |
Filing 106 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Z&A. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 105 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Ripple Alkire. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 104 **RESTRICTED DOCUMENT**Summons Issued Electronically as to R&S Information. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 103 **RESTRICTED DOCUMENT**Summons Issued Electronically as to John Alkire. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 102 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Grads Management. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 101 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Grads Innovations. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 100 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Grads Holdings. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (nl) |
Filing 99 Defendant's COUNTERCLAIM for Declaratory Relief against John Alkire, Ripple Alkire, Fiber Research International, Grads Holdings, Grads Innovations, Grads Management, Jiaherb, Nutrigold, R&S Information, Z&A filed by Nutralliance. (Nickel, Mark) |
Filing 98 COUNTERCLAIM for Declaratory Relief against John Alkire, Ripple Alkire, Fiber Research International, Grads Holdings, Grads Innovations, Grads Management, R&S Information, Z&A filed by Jiaherb. (Attachments: #1 Exhibit A - Fiber Research Operating Agreement, #2 Exhibit B - The UPS Store at 860 Johnson Ferry Road, Atlanta, GA, #3 Exhibit C - Fiber Research Articles of Organization, #4 Exhibit D - Grads Innovations Articles of Organization, #5 Exhibit E - Google Map of 1621 Central Avenue, Cheyenne, WY, #6 Exhibit F - Z&A Articles of Organization, #7 Exhibit G - Fiber Research Press Release, #8 Exhibit H - Grads Management 2017 Annual Registration, #9 Exhibit I - R&S Information 2017 Annual Registration, #10 Exhibit J - Grads Holdings 2017 Annual Registration, #11 Exhibit K - Parcel Information for 200 Trimble Chase Court, Sandy Springs, GA, #12 Exhibit L - Google Map of 200 Trimble Chase Court to 860 Johnson Ferry Road, #13 Exhibit M - Broker Representation Agreement between Fiber Research and Z&A) (Erickson, Michael) |
Filing 97 ORDER granting #93 Motion for Leave to File and Amend counterclaims for Declaratory Relief. Signed by Judge Bruce S. Jenkins on 4/30/2018. (las) |
Filing 96 REPLY to Response to Motion re #93 Joint MOTION for Leave to File and Amend Counterclaims for Declaratory Relief and Memorandum in Support Non-Opposition filed by Defendant Nutralliance. (Nickel, Mark) |
Filing 95 NOTICE of Appearance by James W. McConkie, III on behalf of Nutrigold (McConkie, James) |
Filing 94 NOTICE of Appearance by Brittany Frandsen on behalf of Nutrigold (Frandsen, Brittany) |
Filing 93 Joint MOTION for Leave to File and Amend Counterclaims for Declaratory Relief and Memorandum in Support filed by Defendants Jiaherb, Nutralliance, Nutrigold, Counter Claimants Nutrigold, Nutrigold, Nutrigold. (Nickel, Mark) |
Modification of Docket re #90 Status Conference. Correction: Courtroom Deputy added atty Michael Erickson to docket entry as an attendee. (alt) |
Filing 92 SCHEDULING ORDER: Amended Pleadings due by 4/5/2018. Joinder of Parties due by 4/5/2018. Discovery due by 6/30/2018. Motions due by 7/21/2018. Proposed Pretrial Order due by 9/5/2018. Pretrial Conference set for 9/7/2018 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 2/14/2018. (las) |
Filing 91 Modification of Docket: Correction: Attached approved minute entry. re #90 Status Conference. (kpf) |
Filing 90 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 2/1/2018. Parties present for parties. The Court sets scheduling dates. Attorney for Plaintiff: David R. Parkinson, Attorney for Defendant: Mark Nickel, Chard E. Nydegger, Michael Erickson. Court Reporter: Kelly Hicken.(kpf). Modified on to add text and image 2/14/2018 (kpf). Modified on to add atty attendance 2/15/2018 (kpf). |
Filing 89 REPORT OF ATTORNEY PLANNING MEETING. (Nickel, Mark) |
Filing 88 NOTICE OF HEARING: Status Report and Scheduling Conference set for 2/1/2018 at 01:20 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 87 ANSWER to #54 Amended Complaint with Jury Demand filed by Jiaherb.(Erickson, Michael) |
Filing 85 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on November 13, 20217 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Patti Walker, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018. (las) Modified on 3/1/2018 by removing restricted text (jlw). |
Filing 84 ORDER denying #67 Motion to Dismiss ; denying #68 Motion to Dismiss for Failure to State a Claim. The Court accordingly ORDERS that Jiaherb and Nutralliance each file an answer to Fiber Research's Second Amended Complaint within twenty-one (21) days of entry of this Order. Signed by Judge Bruce S. Jenkins on 11/28/2017. (las) |
Filing 83 ANSWER to #54 Amended Complaint filed by Nutralliance.(Nickel, Mark) |
Filing 82 Modification of Docket: Correction: Attached approved minute entry. re #81 Motion Hearing. (kpf) |
Filing 81 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Motion Hearing held on 11/13/2017 re #67 MOTION to Dismiss Second Amended Complaint filed by Jiaherb, #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Second Amended Complaint filed by Nutralliance. Counsel present for parties. After argument and discussion, the Court DENIED the motions. Attorney for Plaintiff: Jason M. Kerr, David R. Parkinson, Attorney for Defendant: Michael K. Erickson - Jiaherb; Hazel Mae Pangan and Mark Nickel-Nutralliance; Chad E. Nydegger-Nutrigold. Court Reporter: Patti Walker.(kpf) . Modified on to add text and image 11/27/2017 (kpf). |
Filing 80 REPLY to Response to Motion re #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Second Amended Complaint and Request for Judicial Notice in Support of Motion to Dismiss Second Amended Complaint filed by Defendant Nutralliance. (Attachments: #1 Exhibit Request for Judicial Notice of Exhibits, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice, #4 Exhibit 3 to Request for Judicial Notice)(Nickel, Mark) |
Filing 79 REPLY to Response to Motion re #67 MOTION to Dismiss Second Amended Complaint filed by Defendant Jiaherb. (Erickson, Michael) |
Filing 78 ORDER granting #77 Motion for Extension of Time to File Response/Reply re #67 MOTION to Dismiss Second Amended Complaint Replies due by 11/6/2017. Signed by Judge Bruce S. Jenkins on 10/18/2017. (las) |
Filing 77 Joint MOTION for Extension of Time to File Response/Reply as to #73 Memorandum in Opposition to Motion, filed by Defendant Jiaherb. (Attachments: #1 Text of Proposed Order)(Erickson, Michael) |
Filing 76 **SEALED DOCUMENT**Exhibit A re #73 Memorandum in Opposition to Motion, filed by Plaintiff Fiber Research International. (las) |
Filing 75 NOTICE OF HEARING ON MOTIONS re: #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Second Amended Complaint, and #67 MOTION to Dismiss Second Amended Complaint : Motion Hearing set for 11/13/2017 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
Filing 74 NOTICE OF CONVENTIONAL FILING of Exhibit A to Plaintiff's Memorandum in Opposition to (1) Defendant Jiaherb, Inc.'s Motion to Dismiss Second Amended Complaint and (2) Defendant Nutralliance, Inc.'s Motion to Dismiss Second Amended Complaint filed by Counter Defendants Fiber Research International, Fiber Research International, Fiber Research International, Plaintiff Fiber Research International re #73 Memorandum in Opposition to Motion, (Kerr, Jason) |
Filing 73 Plaintiff's MEMORANDUM in Opposition re #67 MOTION to Dismiss Second Amended Complaint, #68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Second Amended Complaint filed by Counter Defendants Fiber Research International, Fiber Research International, Fiber Research International, Plaintiff Fiber Research International. (Kerr, Jason) |
Filing 72 Modification of Docket: Correction: Attached approved minute entry. re #58 Status Conference. (kpf) |
Filing 71 REDACTION to #66 Sealed Document Exhibit A and B Filed Under Seal to Answer to Second Amended Complanit and Counterclaim by Defendant Nutrigold. (Attachments: #1 Exhibit A - Redacted - Certificate of Analysis for Konjac Glucomannan Gold, #2 Exhibit B - Redacted - Third-party Test Results of Glucomannan Gold)(Nydegger, Chad) |
Filing 70 ORDER granting #62 Motion to Seal Exhibits A and B to Defendant's Answer to Second Amended Complaint and Counterclaim. Signed by Judge Bruce S. Jenkins on 8/30/2017. (las) |
Filing 69 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Nutralliance identifying Nutralliance, Inc. as Corporate Parent. (Nickel, Mark) |
Filing 68 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support Motion to Dismiss Second Amended Complaint filed by Defendant Nutralliance. (Nickel, Mark) |
Filing 67 MOTION to Dismiss Second Amended Complaint filed by Defendant Jiaherb. (Attachments: #1 Exhibit A)(Erickson, Michael) |
Filing 66 **SEALED DOCUMENT**Exhibit A an B re #64 Answer to Amended Complaint, Counterclaim filed by Defendant Nutrigold. (Attachments: #1 Exhibit A, #2 Exhibit B)(las) |
Filing 65 NOTICE OF CONVENTIONAL FILING of Exhibit A and B to Defendant's Answer to First Amended Complaint and Counterclaim filed by Defendant Nutrigold re #64 Answer to Amended Complaint, Counterclaim,,,, (Nydegger, Chad) |
Filing 64 ANSWER to #54 Amended Complaint , COUNTERCLAIM against Fiber Research International filed by Nutrigold. (Attachments: #1 Exhibit Index, #2 Exhibit A - Filed Under Seal - Certificate of Analysis, #3 Exhibit B - Filed Under Seal - Third-party Test Result, #4 Exhibit C - A copy of NutriGolds website for Glucomannan Gold, #5 Exhibit D -A copy of the labels used for Glucomannan Gold, #6 Exhibit E - A copy of the Sood study in The American Journal of Clinical Nutrition)(Nydegger, Chad) Modified on 8/30/2017 by removing text about wanting a jury (las). |
Filing 63 AFFIDAVIT/DECLARATION of Chad E. Nydegger in Support re #62 MOTION to Seal Exhibit A and B to Defendant's Answer to Second Amended Complaint and Counterclaim filed by Defendant Nutrigold. (Nydegger, Chad) |
Filing 62 MOTION to Seal Exhibit A and B to Defendant's Answer to Second Amended Complaint and Counterclaim filed by Defendant Nutrigold. (Attachments: #1 Text of Proposed Order)(Nydegger, Chad) |
Filing 61 ORDER - IT IS HEREBY ORDERED that: (1) Fiber Research shall produce the laboratory testing documents referenced in the Second Amended Complaint no later than Tuesday, August 15, 2017; and (2) Fiber Research shall produce the remaining documents referenced in the Second Amended Complaint on a schedule to be determined by the parties. If Fiber Research designates documents CONFIDENTIAL INFORMATION -ATTORNEYS EYES ONLY, the Court's Standard Protective Order shall govern such designation. Signed by Judge Bruce S. Jenkins on 8/10/2017. (las) |
Filing 59 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Report and Scheduling Conference held on August 7, 2017 before Judge Bruce S. Jenkins. Court Reporter/Transcriber Laura W. Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 8/31/2017. Redacted Transcript Deadline set for 9/11/2017. Release of Transcript Restriction set for 11/8/2017. (jmr) Modified on 11/17/17 by removing restricted text(jlw). |
Filing 58 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference and Scheduling Conference held on 8/7/2017. After argument and discussion, Plaintiffs counsel will turn over the document, marked attorneys eyes only to Nutralliance and Jiaherbs counsel only. Plaintiffs Counsel is to furnish the documents within 5 days. Counsel is to prepare and submit an order. Once all the answers and motion to dismiss are filed, the court will set the matter down for a scheduling conference. Attorney for Plaintiff: Jason M. Kerr, David R. Parkinson, Attorney for Defendant: Michael Erickson - Jiaherb; Mark A. Nickel, Hazel Mae Pangan (Via Telephone)- Nutralliance; Chad E. Nydegger, Brittany Fransen - Nutrigold. Court Reporter: Laura Robinson.(kpf) Modified to add text and image on 10/2/2017 (kpf). |
Filing 57 ORDER granting #56 Motion for Extension of Time to Answer re #54 Amended Complaint. Answer deadline updated for Jiaherb answer due 8/30/2017; Nutralliance answer due 8/30/2017. Signed by Judge Bruce S. Jenkins on 8/4/2017. (las) |
Filing 56 Stipulated MOTION for Extension of Time to Respond to Second Amended Complaint and Associated Motions to Dismiss and Memorandum in Support filed by Plaintiff Fiber Research International. (Attachments: #1 Text of Proposed Order)(Parkinson, David) Modified on 8/7/2017 by changing to Motion for Extension of Time to File Answer (las). |
Filing 55 NOTICE OF WITHDRAWAL OF COUNSEL of Calvin R. Winder filed by Calvin R. Winder on behalf of Jiaherb (Winder, Calvin) |
Filing 54 AMENDED COMPLAINT (SECOND) against All Defendants with Jury Demand. filed by Fiber Research International(a Nevada Limited Liability Company). (Kerr, Jason) |
Filing 53 ORDER granting #50 Motion for Admission Pro Hac Vice of Hazel Mae B. Pangan for Nutralliance. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Bruce S. Jenkins on 7/25/2017. (las) |
Filing 52 ORDER granting #51 Motion for Admission Pro Hac Vice of Richard P. Sybert for Nutralliance. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Bruce S. Jenkins on 7/25/2017. (las) |
Filing 51 MOTION for Admission Pro Hac Vice of Richard Paul Sybert , Registration fee $ 250, receipt number 1088-2802797, filed by Defendant Nutralliance. (Attachments: #1 Exhibit A - Application for Pro Hac Vice - Sybert, #2 Exhibit B - Electronic Case Filing Registration - Sybert, #3 Text of Proposed Order)(Nickel, Mark) |
Filing 50 MOTION for Admission Pro Hac Vice of Hazel Mae B. Pangan , Registration fee $ 250, receipt number 1088-2802778, filed by Defendant Nutralliance. (Attachments: #1 Exhibit A Application of Hazel Mae B. Pangan, #2 Exhibit B - Electronic Case Filing Registration, #3 Text of Proposed Order)(Nickel, Mark) |
Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Nutralliance. (Nickel, Mark) |
Filing 48 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support or, in the Alternative, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendant Jiaherb. (Winder, Calvin) |
Filing 47 NOTICE of Appearance by Michael K. Erickson on behalf of Jiaherb (Erickson, Michael) |
Filing 46 NOTICE of Appearance by Calvin R. Winder on behalf of Jiaherb (Winder, Calvin) |
Filing 45 Modification of Docket: Correction: Attached approved minute entry. re #33 Status Conference. (kpf) |
Filing 44 ANSWER to #28 Counterclaim (Amended) filed by Fiber Research International(a Nevada Limited Liability Company).(Kerr, Jason) |
Filing 43 NOTICE OF HEARING: (Notice generated by clerks office) Status Report and Scheduling Conference reset for 8/7/2017 at 01:20 PM in Rm 7.200 before Judge Bruce S. Jenkins. (las) |
Filing 42 ORDER granting #41 Motion for Extension of Time to Answer re #28 Answer to Amended Complaint, Counterclaim. Answer deadline updated for Jiaherb answer due 7/7/2017; Nutralliance answer due 7/7/2017.; granting #41 Motion to Continue. IT IS FURTHER ORDERED that the June 30, 2017 Status Report and Scheduling Conference is continued to August 7, 2017, 1 :20 p.m. Signed by Judge Bruce S. Jenkins on 6/9/2017. (las) |
NOTICE VACATING STATUS AND SCHEDULING HEARING set for 6/30/2017, 1:30 p.m. before Judge Jenkins. (kms) |
Filing 41 Stipulated MOTION for Extension of Time for Defendants Nutralliance, Inc. and Jiaherb, Inc. to Plead or Move in Response to First Amended Complaint and to Continue June 30, 2017 Status Report and Scheduling Conference and Memorandum in Support , Stipulated MOTION to Continue for Defendants Nutralliance, Inc. and Jiaherb, Inc. to Plead or Move in Response to First Amended Complaint and to Continue June 30, 2017 Status Report and Scheduling Conference and Memorandum in Support filed by Defendant Nutralliance. (Attachments: #1 Text of Proposed Order) Attorney Mark A. Nickel added to party Nutralliance(pty:dft)(Nickel, Mark) Modified on 6/9/2017 by changing to a motion for extension of time to file answer (las). |
Filing 40 CLERKS ORDER re #39 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #24 Amended Complaint signed by Anne W. Morgan, Chief Deputy Clerk. Answer deadline updated for Jiaherb answer due 6/21/2017. (jwt) |
Filing 39 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #24 Amended Complaint filed by Defendant Jiaherb. (Attachments: #1 Text of Proposed Order Granting Ex Parte Motion for Clerk of Court Extension)(Erickson, Michael) |
Filing 38 NOTICE of Appearance by Michael K. Erickson on behalf of Jiaherb (Erickson, Michael) |
Filing 37 REDACTION to #28 Answer to Amended Complaint, Counterclaim,, Exhibit A and B Filed Under Seal to Answer to First Amended Complanit and Counterclaim by Defendant Nutrigold. (Attachments: #1 Exhibit Index, #2 Exhibit A - Entire Exhibit is Redacted (Certificate of Analysis), #3 Exhibit B - Entire Exhibit is Redacted (Third-Party Test Results))(Nydegger, Chad) |
Filing 36 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fiber Research International(a Nevada Limited Liability Company) as to Nutralliance served on 5/17/2017, answer due 6/7/2017. (Parkinson, David) |
Filing 35 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fiber Research International as to Jiaherb served on 5/17/2017, answer due 6/7/2017. (Parkinson, David) |
Filing 34 EXHIBITS filed by Nutrigold re #28 Answer to Amended Complaint, Counterclaim,,. (Attachments: #1 Exhibit D - Labels used for Glucomannan Gold, #2 Exhibit E - Sood Study)(Nydegger, Chad) |
Filing 33 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 5/23/2017. Status Report and Scheduling Conference set for 6/30/2017 at 01:30 PM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Jason M. Kerr, Attorney for Defendant: David R. Parkinson, Chad E. Nydegger. Court Reporter: Ray Fenlon.(kpf) Modified attached image and added text on 7/6/2017 (kpf). |
Filing 32 **SEALED DOCUMENT** Exhibit A and B re #28 Answer to Amended Complaint, Counterclaim, filed by Defendant Nutrigold. (Attachments: #1 Exhibit A, #2 Exhibit B)(las) |
Filing 31 ORDER granting #27 Motion for Leave to File Under Seal Exhibits A and B to Defendant's Answer to First Amended Complaint and Counterclaim. Signed by Judge Bruce S. Jenkins on 5/22/2017. (las) |
Filing 30 AMENDED NOTICE OF HEARING: Status Report and Scheduling Conference is re-set for 5/23/2017 at 01:20 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
NOTICE VACATING Status and Scheduling HEARING set for 05/24/17, 1:20 p.m. before Judge Jenkins. (Hearing to be re-set for 5/23/17, 1:20 p.m.) (kms) |
Filing 29 NOTICE OF CONVENTIONAL FILING of Exhibit A and B to Defendant's Answer to First Amended Complaint and Counterclaim filed by Defendant Nutrigold, Counter Claimant Nutrigold re #28 Answer to Amended Complaint, Counterclaim,, (Nydegger, Chad) |
Filing 28 ANSWER to #24 Amended Complaint with Jury Demand , COUNTERCLAIM against Fiber Research International filed by Nutrigold. (Attachments: #1 Exhibit Index, #2 Exhibit A - Filed Under Seal - Certificate of Analysis for Konjac Glucomannan Gold, #3 Exhibit B -Filed Under Seal - Third-party Test Results of Glucomannan Gold)(Nydegger, Chad) |
Filing 27 MOTION for Leave to File Under Seal Exhibit A and B to Defendant's Answer to First Amended Complaint and Counterclaim filed by Counter Claimant Nutrigold, Defendant Nutrigold. (Attachments: #1 Affidavit Declaration of Chad E. Nydegger in Support of Motion, #2 Text of Proposed Order )(Nydegger, Chad) |
Filing 26 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nutralliance. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) |
Filing 25 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Jiaherb. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh) |
Filing 24 AMENDED COMPLAINT against All Defendants with Jury Demand. New Defendants: Jiaherb Inc. and Nutralliance, Inc.. filed by Fiber Research International. (Kerr, Jason) |
Filing 23 ORDER granting #22 Motion for Leave to File Amended Complaint. IT IS HEREBY ORDERED that Plaintiff may file the First Amended Complaint, attached as Exhibit A to the Stipulated Motion. Signed by Judge Bruce S. Jenkins on 5/4/2017. (las) |
Filing 22 Stipulated MOTION for Leave to File First Amended Complaint filed by Plaintiff Fiber Research International, Counter Defendant Fiber Research International. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Text of Proposed Order)(Parkinson, David) |
Filing 21 AMENDED NOTICE OF HEARING: Status Report and Scheduling Conference is re-set for 5/24/2017 at 01:20 PM in Rm 7.200 before Judge Bruce S. Jenkins (per request and agreement of counsel). (kms) |
NOTICE VACATING STATUS & SCHEDULING HEARING set for 5/9/17, 1:20 p.m. before Judge Jenkins. (NOTE: TO BE RE-SET FOR 5/24/17, 1:20 P.M.) (kms) |
Filing 20 NOTICE OF HEARING: Status Report and Scheduling Conference set for 5/9/2017 at 01:20 PM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) |
NOTICE VACATING INITIAL PRETRIAL CONFERENCE HEARING set for 5/10/17, 11:00 A.M. before Magistrate Judge Evelyn J. Furse. (kms) |
Filing 19 The deadline for submission of Consent/Reassignment Forms has now passed. One or more of the parties did not file, therefore the case is no longer eligible for magistrate assignment. Case randomly assigned to Judge Bruce S. Jenkins. Magistrate Judge Evelyn J. Furse no longer assigned to the case. (las) |
Filing 18 NOTICE REMINDER - All parties are requested to respond within the time frame set forth in the #12 Notice of Presiding Magistrate Assignment, pursuant to General Order 07-001. If you have already consented/objected, please disregard this notice. No judge will be informed of a party's response unless all parties have consented to the assignment of the matter to a U.S. Magistrate Judge. Unless consents from all parties are received within fifteen(15) days, the case will be randomly re-assigned to a U.S. District Judge without further notice.# Link to Magistrate Consent Objection form (las) |
Filing 17 RECEIVED Consent/Reassignment Form from Defendant Nutrigold. (las) |
Filing 16 ANSWER to #9 Counterclaim filed by Fiber Research International.(Kerr, Jason) |
Filing 15 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by IPT Clerk)The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at # http://www.utd.uscourts.gov/documents/formpage.html, should be prepared 21 days before the Initial Pretrial Conference hearing date.NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel(a) file a stipulated Attorneys Planning Meeting Report; and(b) e-mail a Proposed Scheduling Order to #ipt@utd.uscourts.gov21 days before the scheduled hearing. See instructions at # http://www.utd.uscourts.gov/documents/ipt.htmlIf counsel or the parties would like to participate by phone they must contact the IPT Clerk at least two days in advance at #ipt@utd.uscourts.gov to make arrangements. Initial Pretrial Conference set for 5/10/2017 at 11:00 AM in Rm 7.400 before Magistrate Judge Evelyn J. Furse. (jds) |
Filing 14 NOTICE FROM THE COURT re: Initial SchedulingThe court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (las) |
Filing 13 NOTICE OF ADR, e-mailed or mailed to Plaintiff Fiber Research International, Defendant Nutrigold. (las) |
Filing 12 NOTICE - This case is assigned to a magistrate judge. To consent or request reassignment, use # the form on this link or use the included form for non-efilers and send it toconsents@utd.uscourts.govwithin 15 days or mail to the court with Attention: Consent Clerk on the envelope. Notice e-mailed or mailed to Plaintiff Fiber Research International, Defendant Nutrigold. Form due by 3/24/2017. (las) |
Filing 10 ORDER granting #6 Motion for Leave to File Under Seal Exhibits A and B to Defendant's Answer to Complaint and Counterclaim. Signed by Magistrate Judge Evelyn J. Furse on 2/21/2017. (las) |
Filing 11 **SEALED DOCUMENT**Exhibit A and B re #9 Answer to Complaint, Counterclaim, filed by Defendant Nutrigold. (Attachments: #1 Exhibit A, #2 Exhibit B)(las) |
Filing 9 ANSWER to Complaint , COUNTERCLAIM against Fiber Research International filed by Nutrigold. (Attachments: #1 Exhibit A - FILED UNDER SEAL, #2 Exhibit B - FILED UNDER SEAL, #3 Exhibit C - NutriGold's website for Glucomannan Gold, #4 Exhibit D - Labels used for Glucomannan Gold, #5 Exhibit E - Sood Study)(Nydegger, Chad) |
Filing 8 NOTICE OF CONVENTIONAL FILING of Exhibits A and B to Defendant's Answer to Complaint and Counterclaim filed by Defendant Nutrigold (Nydegger, Chad) |
Filing 7 AFFIDAVIT/DECLARATION of Chad E. Nydegger in Support re #6 MOTION for Leave to File Under Seal Exhibits A and B to Defendant's Answer to Complaint and Counterclaim and Memorandum in Support filed by Defendant Nutrigold. (Nydegger, Chad) |
Filing 6 MOTION for Leave to File Under Seal Exhibits A and B to Defendant's Answer to Complaint and Counterclaim and Memorandum in Support filed by Defendant Nutrigold. (Attachments: #1 Text of Proposed Order) Attorney Chad E. Nydegger added to party Nutrigold(pty:dft)(Nydegger, Chad) |
Filing 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Fiber Research International as to Nutrigold served on 12/27/2016, answer due 1/17/2017. (Kerr, Jason) |
Filing 4 Report on the Filing of an action sent to the Director of the U.S. Patent and Trademark Office. (Attachments: #1 Supplement Copy of Complaint) (mms) |
Filing 3 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nutrigold. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mms) |
Filing 2 COMPLAINT against Nutrigold (Filing fee $ 400, receipt number 1088-2655975) filed by Fiber Research International. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Evelyn J. Furse (Kerr, Jason) |
Filing 1 Case has been indexed and assigned to Magistrate Judge Evelyn J. Furse. Plaintiff Fiber Research International is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mms) |
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