Mars, Incorporated et al v. The J.M. Smucker Company et al

Justia Dockets & Filings Fourth Circuit Virginia Eastern District Mars, Incorporated et al v. The J.M. Smucker Company et al

Mars, Incorporated et al v. The J.M. Smucker Company et al

Plaintiff:	Mars, Incorporated and Mars Petcare US, Inc.
Defendant:	Big Heart Pet, Inc
Counter Claimant:	The J.M. Smucker Company
Case Number:	1:2016cv01451
Filed:	November 21, 2016
Court:	US District Court for the Eastern District of Virginia
Office:	Alexandria Office
County:	Fairfax
Presiding Judge:	Michael S (MJ)Nachmanoff
Referring Judge:	Claude M Hilton
2 Judge:	Michael S Nachmanoff
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on April 10, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 10, 2019	Filing 246 USCA Mandate re #242 Notice of Appeal - This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (dvanm, )
April 10, 2019	Filing 245 ORDER of USCA as to #242 Notice of Appeal filed by The J.M. Smucker Company, Big Heart Pet, Inc. Upon consideration of the stipulated motion to voluntarily dismiss, the court dismisses this appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. (dvanm, )
January 7, 2019	Filing 244 USCA Case Number 19-1026 4th CCA, case manager Michael Radday, for #242 Notice of Appeal filed by The J.M. Smucker Company, Big Heart Pet,Inc. (dvanm, )
January 4, 2019	Filing 243 Transmission of Notice of Appeal to US Court of Appeals re #242 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm, )
January 4, 2019	Assembled INITIAL Electronic Record Transmitted to 4CCA re #242 Notice of Appeal (dvanm, )
January 3, 2019	Filing 242 NOTICE OF APPEAL as to #241 Order by Big Heart Pet, Inc, The J.M. Smucker Company. Filing fee $ 505, receipt number 0422-6428752. (Kalish, Yury)
December 4, 2018	Filing 241 ORDERED that Defendants' Motion for Attorneys' Fees is DENIED. Signed by District Judge Claude M. Hilton on 12/04/2018. (dvanm, )
November 9, 2018	Filing 240 RESPONSE to Motion re #237 MOTION for Leave to File Sur-Reply filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Kalish, Yury)
November 9, 2018	Filing 239 ORDER granting #237 Motion for Leave to File. Exhibit A to Mars' Motion for Leave to File a Sur-Reply is deemed filed. Signed by Magistrate Judge Michael S. Nachmanoff on 11/09/2018. (dvanm, )
November 8, 2018	Filing 238 Waiver of re #237 MOTION for Leave to File Sur-Reply by Mars Petcare US, Inc., Mars, Incorporated (Barger, David)
November 8, 2018	Filing 237 MOTION for Leave to File Sur-Reply by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barger, David)
November 5, 2018	Filing 236 ORDER - Upon the motion of Defendants The J. M. Smucker Company and Big Heart Pet, Inc. to seal certain portions of documents (the "Motion") #226 and the Response by Plaintiffs Mars, Incorporated and Mars Petcare US, Inc. dated November 5, 2018, concurring in the Motion #234 , and pursuant to Local Civil Rule 5, the Court finds and orders as follows:1. ORDERED that the Motion is GRANTED. 2. The redacted portions of Defendant's Supplemental Brief in Support ofDefendants' Motion for Attorneys' Fees #230 are sealed. Signed by Magistrate Judge Michael S. Nachmanoff on 11/05/2018. (dvanm, )
November 5, 2018	Filing 235 REPLY to Response to Motion re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Kalish, Yury)
November 5, 2018	Filing 234 Response to #231 Order on Motion to Seal,, filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
November 1, 2018	Filing 233 TRANSCRIPT of Status Conference held on September 28, 2018, before Judge Claude M. Hilton, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 12/3/2018. Redacted Transcript Deadline set for 1/2/2019. Release of Transcript Restriction set for 1/30/2019.(egal, julie)
October 29, 2018	Filing 232 Opposition to #228 Sealed Memorandum in Support of Motion for Attorneys' Fees filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit Exhibit A)(Barger, David)
October 29, 2018	Filing 231 ORDER granting #226 Motion to Seal. The Court finds that those confidential portions of the memorandum are hereby ordered to be kept under seal until such time as the Court determines whether or not they are properly entitled to confidential treatment. The burden is on Plaintiffs as the party seeking confidentiality to demonstrate why the material they wish to remain confidential is entitled to confidential treatment. Plaintiffs thus hereby are ordered to submit, by November 5, 2018, a memorandum demonstrating why the document should be filed and maintained under seal. Signed by Magistrate Judge Michael S. Nachmanoff on 10/29/2018. (dvanm, )
October 18, 2018	Filing 230 Memorandum in Support re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Kalish, Yury)
October 18, 2018	Filing 229 Memorandum in Support re #226 MOTION to Seal Supplemental Brief In Support Of Defendants' Motion For Attorneys' Fees filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Kalish, Yury)
October 18, 2018	Filing 228 Sealed Memorandum in Support re #226 MOTION to Seal Supplemental Brief In Support Of Defendants' Motion For Attorneys' Fees. (Kalish, Yury)
October 18, 2018	Filing 227 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company re #226 MOTION to Seal Supplemental Brief In Support Of Defendants' Motion For Attorneys' Fees (Kalish, Yury)
October 18, 2018	Filing 226 MOTION to Seal Supplemental Brief In Support Of Defendants' Motion For Attorneys' Fees by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Kalish, Yury)
October 9, 2018	Filing 225 ORDER granting #224 NOTICE filed by Mars, Incorporated, Mars Petcare US, Inc.. Signed by Magistrate Judge Michael S. Nachmanoff on 10/09/2018. (see Order for details)(dvanm, )
October 5, 2018	Filing 224 NOTICE by Mars Petcare US, Inc., Mars, Incorporated re #223 Status Conference, Proposed Agreed Order (Barger, David)
September 28, 2018	Filing 223 Minute Entry for proceedings held before District Judge Claude M. Hilton: Status Conference held on 9/28/2018. Appearance of counsel. Additional briefs to be filed within 20 days. Agreed Order setting briefing schedule to be submitted by counsel. (Court Reporter: J. Egal)(tarm)
September 17, 2018	Filing 222 NOTICE of Appearance by Yury Kalish on behalf of Big Heart Pet, Inc, The J.M. Smucker Company (Kalish, Yury)
August 27, 2018	Filing 221 ORDER that this case is set for a Status Conference on Friday, 9/28/2018 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton for the purpose of scheduling further proceedings in this case. Signed by District Judge Claude M. Hilton on 08/27/18. (pmil, )
August 23, 2018	Filing 220 USCA Mandate re: #215 Notice of Appeal. The judgment of this court, entered August 23, 2018, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (pmil, )
August 23, 2018	Filing 219 USCA JUDGMENT as to #215 Notice of Appeal filed by The J.M. Smucker Company, Big Heart Pet, Inc. In accordance with the decision of this court, this appeal is dismissed. This case is remanded to the district court for further proceedings consistent with the court's decision. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (pmil, )
August 23, 2018	Filing 218 ORDER of USCA as to #215 Notice of Appeal filed by The J.M. Smucker Company, Big Heart Pet, Inc. Upon consideration of the joint motion to dismiss appeal and remand to district court, the court grants the motion, dismisses this case, and remands this case to the district court for reconsideration of its decision denying appellants motion for attorney fees in light of this courts May 29, 2018, decision in Verisign, Inc. v. XYZ.COM LLC, No. 17-1704. (pmil, )
March 9, 2018	Filing 217 USCA Case Number 18-1266 4th Circuit, case manager Rickie Edwards, for #215 Notice of Appeal filed by The J.M. Smucker Company, Big Heart Pet, Inc. (dvanm, )
March 8, 2018	Filing 216 Transmission of Notice of Appeal to US Court of Appeals re #215 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm, )
March 7, 2018	Filing 215 NOTICE OF APPEAL as to #214 Order on Motion for Attorney Fees by Big Heart Pet, Inc, The J.M. Smucker Company. Filing fee $ 505, receipt number 0422-5979906. (Zurawski, Tara)
February 6, 2018	Filing 214 ORDER denying #198 Motion for Attorney Fees. Signed by District Judge Claude M. Hilton on 02/06/2018. (dvanm, )
November 14, 2017	Filing 213 ORDER granting #209 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 11/14/2017. (dvanm, )
November 1, 2017	Per CMH chambers motions set for 11/3/17 on the pleadings (clar, )
October 31, 2017	Filing 212 Memorandum in Support re #209 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
October 31, 2017	Filing 211 Sealed Reply re #209 MOTION to Seal . (Attachments: #1 Exhibit A)(Zurawski, Tara)
October 31, 2017	Filing 210 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company re #209 MOTION to Seal (Zurawski, Tara)
October 31, 2017	Filing 209 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
October 31, 2017	Filing 208 REPLY to Response to Motion re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A)(Zurawski, Tara)
October 25, 2017	Filing 207 Brief in Opposition re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David) Modified text on 10/26/2017 (klau, ).
October 23, 2017	Filing 206 ORDER granting #201 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 10/23/2017. (dvanm, )
October 19, 2017	Filing 205 TRANSCRIPT of Motions Hearing proceedings held on July 28, 2017, before Judge Michael S. Nachmanoff, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. Tape Number: FTR Gold. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 11/20/2017. Redacted Transcript Deadline set for 12/19/2017. Release of Transcript Restriction set for 1/17/2018.(egal, julie)
October 12, 2017	Set Deadlines as to #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a). Motion Hearing set for 11/3/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )
October 11, 2017	Filing 204 Memorandum in Support re #201 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
October 11, 2017	Filing 203 Sealed Memorandum in Support re #201 MOTION to Seal . (Zurawski, Tara)
October 11, 2017	Filing 202 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company re #201 MOTION to Seal (Zurawski, Tara)
October 11, 2017	Filing 201 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
October 11, 2017	Filing 200 Notice of Hearing Date set for 11/3/2017 re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) (Zurawski, Tara)
October 11, 2017	Filing 199 Memorandum in Support re #198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
October 11, 2017	Filing 198 MOTION for Attorney Fees Pursuant To 15 U.S.C. 1117(a) by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
September 27, 2017	Filing 197 ORDER granting defendants' #24 Motion for Summary Judgment, and Plaintiffs' claims are dismissed, and Defendants' claims are dismissed without prejudice. Signed by District Judge Claude M. Hilton on 09/27/2017. (dvanm, )
September 27, 2017	Filing 196 MEMORANDUM OPINION. Signed by District Judge Claude M. Hilton on 09/27/2017. (dvanm, )
September 26, 2017	Filing 195 ORDER granting #144 Motion to Seal; granting #156 Motion to Seal; granting #173 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 09/26/2017. (dvanm, )
September 19, 2017	Filing 194 Response to #193 Order,,, Regarding Sealing of Certain Documents filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barger, David)
September 12, 2017	Filing 193 ORDER, this matter is before the Court on Defendants' Motions to File Documents Under Seal. ORDERED that by 9/19/2017, Plaintiffs shall submit justification for sealing Defendants' Brief in Opposition to Plaintiffs' Motion for Partial Summary Judgment #146 and Exhibits A and B to the accompanying Declaration of Timothy Fraelich #147 , Exhibit B to the Declaration of Timothy Fraelich in Support of Defendants' Motion in Limine to Bar Evidence of All Alleged Employee Confusion #159 , and portions of Defendants' Reply Brief in Support of Defendants' Motion in Limine to Bar Evidence of Alleged Employee Confusion #175 that reference Plaintiffs' Rule 30(b)(6) deposition. Signed by Magistrate Judge Michael S. Nachmanoff on 9/12/2017. (rban, )
September 12, 2017	Filing 192 ORDER granting #166 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 9/12/2017. (rban, )
September 12, 2017	Filing 191 ORDER granting #183 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 9/12/2017. (rban, )
September 12, 2017	Filing 190 ORDER granting #162 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 09/12/2017. (dvanm, ) Modified to correct link on 9/12/2017 (dvanm, ). Modified to correct text on 9/12/2017 (dvanm, ).
September 7, 2017	Per CMH chambers motion set for 9/8/17 will be decided on the pleadings. (dvanm, )
September 5, 2017	Filing 189 ORDER - The Court is of the opinion that the Defendants are entitled to Summary Judgment on the Plaintiff's Complaint, and there is no longer a controversy between the parties. It is hereby ORDERED that this case is removed from the Court's trial docket and a memorandum opinion and order will be forthcoming. Signed by District Judge Claude M. Hilton on 09/05/2017. (dvanm, )
September 5, 2017	Set Deadlines as to #181 MOTION in Limine TO PRECLUDE THE ARGUMENT THAT DEFENDANTS' TRADEMARK SEARCH INDICATES BAD FAITH. Motion Hearing set for 9/8/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (dvanm, )
September 1, 2017	Filing 188 Notice of Hearing Date set for September 8, 2017 re #181 MOTION in Limine TO PRECLUDE THE ARGUMENT THAT DEFENDANTS' TRADEMARK SEARCH INDICATES BAD FAITH (Zurawski, Tara)
September 1, 2017	Filing 187 Memorandum in Support re #183 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
September 1, 2017	Filing 186 Sealed Exhibits to Fraelich Declaration re #183 MOTION to Seal . (Zurawski, Tara)
September 1, 2017	Filing 185 Sealed Memorandum in Support re #183 MOTION to Seal . (Zurawski, Tara)
September 1, 2017	Filing 184 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company re #183 MOTION to Seal (Zurawski, Tara)
September 1, 2017	Filing 183 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
September 1, 2017	Filing 182 Memorandum in Support re #181 MOTION in Limine TO PRECLUDE THE ARGUMENT THAT DEFENDANTS' TRADEMARK SEARCH INDICATES BAD FAITH filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Fraelich Declaration and Exhibits)(Zurawski, Tara)
September 1, 2017	Filing 181 MOTION In Limine by Mars Petcare US, Inc., Mars, Incorporated(Attachments: #1 Proposed Order)(Barger, David) Modified to correct link and motion title on 9/12/2017 (dvanm, ).
August 28, 2017	Filing 180 TRANSCRIPT of motions hearing held on 7-13-2017 before Mag. Judge Nachmanoff. Court reporter Norman Linnell, telephone number 703-549-4626. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/27/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 11/27/2017.(linnell, norman)
August 25, 2017	Filing 179 Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 8/25/2017. Appearance of counsel. Defendants' #24 Motion for Summary Judgment and Plaintiffs' #127 Motion for Partial Summary Judgment - Argued and taken under advisement. (Court Reporter: J. Egal)(tarm)
August 25, 2017	Filing 178 NOTICE of Appearance by Michelle DeFinis Gambino on behalf of Mars Petcare US, Inc., Mars, Incorporated (Gambino, Michelle) (Main Document 178 replaced, with non fillable form, on 8/28/2017) (dvanm, ).
August 24, 2017	Filing 177 Reply to Motion re #150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 24, 2017	Filing 176 Memorandum in Support re #173 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 24, 2017	Filing 175 Sealed Reply re #173 MOTION to Seal .(Zurawski, Tara)
August 24, 2017	Filing 174 Notice of Under Seal Filing LCvR5 (B) by Big Heart Pet, Inc, The J.M. Smucker Company re #173 MOTION to Seal (Zurawski, Tara)
August 24, 2017	Filing 173 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 24, 2017	Filing 172 Reply to Motion re #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 24, 2017	Filing 171 Opposition to #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion Redacted filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 23, 2017	Filing 170 REPLY to Response to Motion re #127 MOTION for Summary Judgment filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 23, 2017	Filing 169 Memorandum in Support re #166 MOTION to Seal filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 23, 2017	Filing 168 Sealed Document re #166 MOTION to Seal . (Attachments: #1 Exhibit 2)(Barger, David)
August 23, 2017	Filing 167 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #166 MOTION to Seal (Barger, David)
August 23, 2017	Filing 166 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
August 23, 2017	Filing 165 Opposition to #150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Affidavit of Mark Keegan, #2 Exhibit 1 to Declaration of Mark Keegan, #3 Exhibit 2 to Declaration of Mark Keegan)(Barger, David)
August 23, 2017	Filing 164 Sealed Response/Reply/Opposition re #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion. (Attachments: #1 Exhibit A)(Barger, David)
August 23, 2017	Filing 163 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #162 MOTION to Seal (Barger, David)
August 23, 2017	Filing 162 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
August 22, 2017	Filing 161 ORDER granting #133 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 08/22/2017. (dvanm, )
August 21, 2017	Set Deadlines as to #150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN, #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion. Motion Hearing set for 8/25/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )
August 18, 2017	Filing 160 Memorandum in Support re #156 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 18, 2017	Filing 159 Sealed Attachment/Exhibit(s) re #156 MOTION to Seal . (Zurawski, Tara)
August 18, 2017	Filing 158 Sealed Memorandum in Support re #156 MOTION to Seal . (Zurawski, Tara)
August 18, 2017	Filing 157 Notice of Under Seal Filing LCvR5 (B) by Big Heart Pet, Inc, The J.M. Smucker Company re #156 MOTION to Seal (Zurawski, Tara)
August 18, 2017	Filing 156 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 18, 2017	Filing 155 Notice of Hearing Date set for August 25, 2017 re #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion (Zurawski, Tara)
August 18, 2017	Filing 154 Memorandum in Support re #153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Fraelich Declaration)(Zurawski, Tara)
August 18, 2017	Filing 153 MOTION in Limine to Bar Evidence of Alleged Employee Confusion by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 18, 2017	Filing 152 Notice of Hearing Date set for August 25, 2017 re #150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN (Zurawski, Tara)
August 18, 2017	Filing 151 Memorandum in Support re #150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Fraelich Declaration)(Zurawski, Tara)
August 18, 2017	Filing 150 MOTION to Exclude TESTIMONY AND REPORT OF MARK KEEGAN by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 18, 2017	Filing 149 MOTION for Electronic Device Application by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 18, 2017	Notice of Correction re #141 Motion for use of Courtroom Technology . Notified plaintiff's counsel to file electronic devices application. Original motion removed as filed in error. (dvanm, )
August 17, 2017	Filing 148 Memorandum in Support re #144 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 17, 2017	Filing 147 Sealed Fraelich Declaration and Exhibits re #144 MOTION to Seal . (Zurawski, Tara)
August 17, 2017	Filing 146 Sealed Opposition re #144 MOTION to Seal . (Zurawski, Tara)
August 17, 2017	Filing 145 Notice of Under Seal Filing LCvR5 (B) by Big Heart Pet, Inc, The J.M. Smucker Company re #144 MOTION to Seal (Zurawski, Tara)
August 17, 2017	Filing 144 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 17, 2017	Filing 143 Opposition to #127 MOTION for Summary Judgment filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Fraelich Declaration, #2 Proposed Order)(Zurawski, Tara)
August 17, 2017	Filing 142 Waiver of re #141 Motion for use of Courtroom Technology Hearing by Mars Petcare US, Inc., Mars, Incorporated (Barger, David)
August 17, 2017	Filing 141 Motion for use of Courtroom Technology by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David) (Main Document 141 replaced on 8/18/2017) (dvanm, ). (Attachment 1 replaced on 8/18/2017) (dvanm, ).
August 10, 2017	Filing 140 ORDER denying #130 Motion for Leave to File a Supplemental Reply Brief. Signed by District Judge Claude M. Hilton on 08/10/2017. (dvanm, )
August 9, 2017	Filing 139 ORDER granting #124 Motion to Seal. The Motion is GRANTED with respect to Plaintiffs' Supplemental Brief in Opposition to Defendants Motion for Summary Judgment #123 , along with the deposition transcript excerpts and exhibits filed with the brief. Signed by Magistrate Judge Michael S. Nachmanoff on 08/09/2017. (see Order for further details) (dvanm, )
August 8, 2017	Filing 138 RESPONSE in Support re #124 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Lasser Dep. Excerpts, #2 McCoy Dep. Excerpts, #3 Smucker Rule 30(b)(6) Dep. Excerpts, #4 Thomas Dep. Excerpts, #5 Toyos Dep. Excerpts, #6 White Dep. Excerpts, #7 Proposed Order)(Zurawski, Tara)
August 8, 2017	Filing 137 Opposition to #130 MOTION for Leave to File SUPPLEMENTAL REPLY BRIEF filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 7, 2017	Filing 136 Memorandum in Support re #133 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
August 7, 2017	Filing 135 Sealed Reply in Support of Motion for Summary Judgment re #133 MOTION to Seal . (Attachments: #1 (Fraelich Declaration and Exhibits))(Zurawski, Tara)
August 7, 2017	Filing 134 Notice of Under Seal Filing LCvR5 (B) by Big Heart Pet, Inc, The J.M. Smucker Company re #133 MOTION to Seal (Zurawski, Tara)
August 7, 2017	Filing 133 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 7, 2017	Filing 132 Waiver of re #130 MOTION for Leave to File SUPPLEMENTAL REPLY BRIEF (Waiver of Hearing) by Big Heart Pet, Inc, The J.M. Smucker Company (Zurawski, Tara)
August 7, 2017	Filing 131 Memorandum in Support re #130 MOTION for Leave to File SUPPLEMENTAL REPLY BRIEF filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A (Supplemental Reply Brief), #2 Fraelich Declaration and Exhibits)(Zurawski, Tara) (Attachment 1 replaced on 8/8/2017) (dvanm, ).
August 7, 2017	Filing 130 MOTION for Leave to File SUPPLEMENTAL REPLY BRIEF by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
August 4, 2017	Set Deadlines as to #127 MOTION for Summary Judgment . Motion Hearing set for 8/25/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )
August 3, 2017	Filing 129 Notice of Hearing Date set for 8/25/2017 re #127 MOTION for Summary Judgment (Barger, David)
August 3, 2017	Filing 128 Memorandum in Support re #127 MOTION for Summary Judgment filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Appendix A, #2 Exhibit A)(Barger, David)
August 3, 2017	Filing 127 MOTION for Summary Judgment by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
August 1, 2017	Filing 126 Sealed Response/Reply/Opposition re #124 MOTION to Seal . (Attachments: #1 Exhibit Smucker Dep Excerpts, #2 Exhibit Smucker Dep Exs Part 1, #3 Exhibit Smucker Dep Exs Part 2, #4 Exhibit Smucker Dep Exs Part 3, #5 Exhibit Smucker Dep Exs Part 4, #6 Exhibit Smucker Dep Exs Part 5, #7 Exhibit Smucker Dep Exs Part 6, #8 Exhibit Smucker Dep Exs Part 7, #9 Exhibit Smucker Dep Exs Part 8, #10 Exhibit Lasser Dep Excerpts, #11 Exhibit McCoy Dep Excerpts, #12 Exhibit McCoy Dep Exs., #13 Exhibit Thomas Dep Excerpts, #14 Exhibit Thomas Dep Exs., #15 Exhibit Toyos Dep Excerpts, #16 Exhibit Toyos Dep Exs., #17 Exhibit White Dep Excerpts, #18 Exhibit Mars 30b6 Dep Excerpts, #19 Exhibit Misc Docs)(Barger, David)
August 1, 2017	Filing 125 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #124 MOTION to Seal (Barger, David)
August 1, 2017	Filing 124 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
August 1, 2017	Filing 123 Opposition to #87 Memorandum in Support (Supplemental Brief) filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit White 2, #2 Exhibit 5-31 Hearing Transcript, #3 Exhibit Smucker Dep Excerpts, #4 Exhibit Smucker Dep Exs., #5 Exhibit Lasser Dep Excerpts, #6 Exhibit McCoy Dep Excerpts, #7 Exhibit McCoy Dep Exs., #8 Exhibit Thomas Dep Excerpts, #9 Exhibit Thomas Dep Exs., #10 Exhibit Toyos Dep Excerpts, #11 Exhibit Toyos Dep Exs., #12 Exhibit White Dep Excerpts, #13 Exhibit Mars 30(b)(6) Dep Excerpts, #14 Exhibit Misc Docs)(Barger, David)
August 1, 2017	Filing 122 ORDER granting #107 Motion for Hearing. Defendants' Motion for Summary Judgment will be set for hearing on August 25, 2017, at 10:00 a.m. Signed by District Judge Claude M. Hilton on 08/01/2017. (dvanm, )
August 1, 2017	Set Deadlines as to #24 MOTION for Summary Judgment . Motion Hearing set for 8/25/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (dvanm, )
July 31, 2017	Filing 121 Objections to Defendants' Proposed Trial Exhibit List by Mars Petcare US, Inc., Mars, Incorporated.. (Barger, David)
July 31, 2017	Filing 120 Objection to #101 Pretrial Statement (Exhibits and Witness Lists) (Objections to Exhibit List) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
July 28, 2017	Filing 119 ORDER - This matter comes before the Court on Defendants' Motion to Compel Responses to Four Requests for Admission and to Deem One Request Admitted (Dkt. No. #104 ). Having reviewed the pleadings and heard the arguments of counsel, and for the reasons stated from the bench, it is hereby ORDERED that the Motion is DENIED. Signed by Magistrate Judge Michael S. Nachmanoff on 07/28/17. (cmar, )
July 28, 2017	Filing 118 ORDER granting #79 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 07/28/2017. (dvanm, )
July 28, 2017	Filing 117 ORDER granting #75 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 07/28/2017. (dvanm, )
July 28, 2017	Filing 116 ORDER granting #88 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 07/28/2017. (dvanm, )
July 28, 2017	Filing 115 Minute Entry for proceedings held before Magistrate Judge Michael S. Nachmanoff:Motion Hearing held on 7/28/2017 re #104 MOTION to Compel Responses filed by The J.M. Smucker Company, Big Heart Pet, Inc. Appearances of Counsel for Plaintiffs and Defendants. Motion argued and #104 MOTION to Compel Responses-DENIED. Order to follow. (Tape #FTR.)(lgue, )
July 28, 2017	Set Deadlines as to #24 MOTION for Summary Judgment . Motion Hearing set for 8/11/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )
July 28, 2017	Per Judge Hilton defendant's motion for summary judgment will be heard on 8/25/17 @ 10:00 am. Order to be issued (clar, )
July 27, 2017	Filing 114 Notice of Hearing Date set for August 11, 2017 re #24 MOTION for Summary Judgment (Zurawski, Tara)
July 27, 2017	Filing 113 ORDER granting #110 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 07/27/2017. (dvanm, )
July 27, 2017	Filing 112 Reply to Motion re #104 MOTION to Compel Responses filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zurawski, Tara)
July 26, 2017	Filing 111 RESPONSE in Opposition re #104 MOTION to Compel Responses to Four Requests for Admission and to Deem One Request Admitted filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
July 25, 2017	Filing 110 Motion to appear Pro Hac Vice by Joshua Hammack and Certification of Local Counsel Tara Lynn R. Zurawski Filing fee $ 75, receipt number 0422-5635120. by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
July 25, 2017	Filing 109 Memorandum in Support re #107 MOTION for Hearing Date on Defendants' Motion for Summary Judgment filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zurawski, Tara)
July 25, 2017	Filing 108 Waiver of re #107 MOTION for Hearing Date on Defendants' Motion for Summary Judgment by Big Heart Pet, Inc, The J.M. Smucker Company (Zurawski, Tara)
July 25, 2017	Filing 107 MOTION for Hearing Date on Defendants' Motion for Summary Judgment by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
July 24, 2017	MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #104 MOTION to Compel Responses (clar, )
July 24, 2017	Set Deadlines as to #104 MOTION to Compel Responses. Motion Hearing set for 7/28/2017 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, )
July 21, 2017	Filing 106 Memorandum in Support re #104 MOTION to Compel Responses filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Zurawski, Tara)
July 21, 2017	Filing 105 Notice of Hearing Date set for 7/28/2017 re #104 MOTION to Compel Responses (Zurawski, Tara)
July 21, 2017	Filing 104 MOTION to Compel Responses by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
July 20, 2017	Filing 103 Minute Entry for proceedings held before District Judge Claude M. Hilton: Final Pretrial Conference held on 7/20/2017. Appearance of counsel. Jury Trial set for 9/18/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (tarm)
July 20, 2017	Filing 102 Statement of Undisputed Facts by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
July 20, 2017	Filing 101 Pretrial Statement (Exhibits and Witness Lists) by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barger, David)
July 20, 2017	Filing 100 Exhibit List by Big Heart Pet, Inc, The J.M. Smucker Company.. (Zurawski, Tara)
July 20, 2017	Filing 99 Witness List by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
July 19, 2017	Filing 98 RESPONSE in Support re #79 MOTION to Seal and Memorandum in Support filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit 6 (Redacted), #2 Exhibit 7 (Redacted), #3 Exhibit 8 (Redacted), #4 Exhibit 9 (Redacted), #5 Proposed Order)(Zurawski, Tara)
July 18, 2017	Filing 97 Memorandum in Support re #88 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
July 18, 2017	Filing 96 Sealed Exhibit F re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 95 Sealed Exhibit E (Part 1 and 2) re #88 MOTION to Seal . (Attachments: #1 Exhibit E (Part 2))(Zurawski, Tara)
July 18, 2017	Filing 94 Sealed Exhibit D re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 93 Sealed Exhibit C re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 92 Sealed Exhibit B re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 91 Sealed Exhibit A re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 90 Sealed Supplemental Brief re #88 MOTION to Seal . (Zurawski, Tara)
July 18, 2017	Filing 89 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company re #88 MOTION to Seal (Zurawski, Tara)
July 18, 2017	Filing 88 MOTION to Seal by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
July 18, 2017	Filing 87 Memorandum in Support re #24 MOTION for Summary Judgment (Supplemental Brief) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Fraelich Declaration)(Zurawski, Tara)
July 14, 2017	Filing 86 RESPONSE in Support re #75 MOTION to Seal with Included Memorandum filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit 7 (Redacted), #2 Exhibit 15 (Redacted), #3 Proposed Order)(Zurawski, Tara)
July 13, 2017	Filing 85 ORDER - This matter comes before the Court on Defendants' Motion for Protective Order (Dkt. No. #69 ) and Plaintiffs' Motion to Conduct Depositions Beyond the Close of Discovery (Dkt. No. #72 ). Having reviewed the pleadings and heard the arguments of counsel, and for the reasons stated from the bench, it is herebyORDERED that Defendants' Motion is DENIED in part. Defendants shall cooperate with the outside vendor, Corsearch, to provide Plaintiffs the complete trademark search report. It is further ORDERED that Defendants' Motion is GRANTED in part with regard to Stephanie Guerra and Timothy Ernst. It is further ORDERED that Plaintiffs' Motion is GRANTED in part. Discovery is hereby extended for the limited purpose of allowing Plaintiffs to depose Carl Johnson and Adelmo Monsalve-Gonzalez within fourteen (14) days of July 14, 2017. Any supplemental witness and exhibit lists may be filed within seven (7) days thereafter. Signed by Magistrate Judge Michael S. Nachmanoff on 07/13/17. (cmar, )
July 13, 2017	Filing 84 Minute Entry for proceedings held before Magistrate Judge Michael S. Nachmanoff:Motion Hearing held on 7/13/2017 re #72 MOTION for Discovery to Conduct Depositions after Close of Discovery filed by Mars, Incorporated, Mars Petcare US, Inc., #69 MOTION for Protective Order filed by The J.M. Smucker Company, Big Heart Pet, Inc. Appearances of counsel. Defendants' Motion for Protective order argued and GRANTED in part/DENIED in part. Plaintiffs' Motion to conduct depositions argued and GRANTED in part. The two depositions are to occur within the next two weeks. Order to follow. (Tape #FTR.)(cmar, )
July 13, 2017	Filing 83 REPLY to Response to Motion re #69 MOTION for Protective Order filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Zurawski, Tara)
July 13, 2017	Notice of Correction re #81 Sealed Attachment/Exhibit(s). An incomplete, illegible, or incorrect document was filed. The filing user has been notified to file properly in the future. (clar, )
July 12, 2017	Filing 82 Opposition to #72 MOTION for Discovery to Conduct Depositions after Close of Discovery filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
July 12, 2017	Filing 81 Sealed Attachment/Exhibit(s) re #79 MOTION to Seal and Memorandum in Support. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9)(Barger, David)
July 12, 2017	Filing 80 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #79 MOTION to Seal and Memorandum in Support (Barger, David)
July 12, 2017	Filing 79 MOTION to Seal and Memorandum in Support by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
July 12, 2017	Filing 78 Memorandum in Opposition re #69 MOTION for Protective Order filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Barger, David)
July 12, 2017	Reset Deadlines as to #69 MOTION for Protective Order , #72 MOTION for Discovery to Conduct Depositions after Close of Discovery. Motion Hearing set for 7/13/2017 at 04:00 PM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (Per MSN chambers) (clar, )
July 10, 2017	MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #72 MOTION for Discovery to Conduct Depositions after Close of Discovery, #69 MOTION for Protective Order (clar, )
July 10, 2017	Set Deadlines as to #69 MOTION for Protective Order , #72 MOTION for Discovery to Conduct Depositions after Close of Discovery. Motion Hearing set for 7/14/2017 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, )
July 7, 2017	Filing 77 Sealed Attachment/Exhibit(s) re #75 MOTION to Seal with Included Memorandum. (Attachments: #1 Exhibit 7, #2 Exhibit 15)(Barger, David)
July 7, 2017	Filing 76 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #75 MOTION to Seal with Included Memorandum (Barger, David)
July 7, 2017	Filing 75 MOTION to Seal with Included Memorandum by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
July 7, 2017	Filing 74 Notice of Hearing Date 7/14/2017 re #72 MOTION for Discovery to Conduct Depositions after Close of Discovery (Barger, David)
July 7, 2017	Filing 73 Memorandum in Support re #72 MOTION for Discovery to Conduct Depositions after Close of Discovery filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Barger, David)
July 7, 2017	Filing 72 MOTION for Discovery to Conduct Depositions after Close of Discovery by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
July 7, 2017	Filing 71 Memorandum in Support re #69 MOTION for Protective Order filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Zurawski, Tara)
July 7, 2017	Filing 70 Notice of Hearing Date set for July 14, 2017 re #69 MOTION for Protective Order (Zurawski, Tara)
July 7, 2017	Filing 69 MOTION for Protective Order by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order Proposed Protective Order)(Zurawski, Tara)
June 30, 2017	Filing 68 ORDER granting #56 Motion to Seal; granting #59 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 6/30/2017. (rban, )
June 28, 2017	Filing 67 REPLY to Response to Motion re #59 MOTION to Seal filed by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
June 27, 2017	Filing 66 RESPONSE to Motion re #59 MOTION to Seal , #56 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
June 23, 2017	Filing 65 ORDER - This matter comes before the Court on Plaintiffs' Motion to Compel (Dkt. No. #53 ). Having reviewed the pleadings and heard the arguments of counsel, and for the reasons stated from the bench, it is hereby ORDERED that the Motion is GRANTED. Defendants shall provide responsive documents within seven (7) days from the date of this Order. Signed by Magistrate Judge Michael S. Nachmanoff on 06/23/17. (cmar, )
June 23, 2017	Filing 64 Minute Entry for proceedings held before Magistrate Judge Michael S. Nachmanoff:Motion Hearing held on 6/23/2017 re #53 MOTION to Compel filed by Mars, Incorporated, Mars Petcare US, Inc. Appearances of counsel. Motion argued and GRANTED. Production within seven days. No fees awarded. Order to follow. (Tape #FTR.)(cmar, )
June 22, 2017	Filing 63 REPLY to Response to Motion re #53 MOTION to Compel filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barger, David)
June 21, 2017	Filing 62 Opposition to #53 MOTION to Compel filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Francesconi Declaration, #2 Proposed Order)(Zurawski, Tara)
June 21, 2017	Filing 61 NOTICE by Mars Petcare US, Inc., Mars, Incorporated re #54 Memorandum in Support, (Attachments: #1 Exhibit 16)(Barger, David)
June 21, 2017	Filing 60 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #59 MOTION to Seal (Barger, David)
June 21, 2017	Filing 59 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
June 19, 2017	Filing 58 NOTICE by Mars Petcare US, Inc., Mars, Incorporated re #54 Memorandum in Support, of Filing Redacted Exhibit (Attachments: #1 Exhibit 3)(Barger, David)
June 19, 2017	Filing 57 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #56 MOTION to Seal (Barger, David)
June 19, 2017	Filing 56 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
June 19, 2017	MOTIONS REFERRED to Magistrate Judge: Nachmanoff. #53 MOTION to Compel (clar, )
June 19, 2017	Set Deadlines as to #53 MOTION to Compel . Motion Hearing set for 6/23/2017 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. (clar, )
June 16, 2017	Filing 55 Notice of Hearing Date 6/23/2017 re #53 MOTION to Compel (Barger, David)
June 16, 2017	Filing 54 Memorandum in Support re #53 MOTION to Compel filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Barger, David)
June 16, 2017	Filing 53 MOTION to Compel by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
June 16, 2017	Filing 52 TRANSCRIPT of Motion Hearing proceedings held on May 31, 2017, before Judge Claude M. Hilton, Court Reporter/Transcriber Julie Goodwin, Telephone number 571-970-3191. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 7/17/2017. Redacted Transcript Deadline set for 8/16/2017. Release of Transcript Restriction set for 9/14/2017.(egal, julie)
June 6, 2017	Filing 51 ORDER granting #37 Motion to Seal; granting #44 Motion to Seal. Signed by Magistrate Judge Michael S. Nachmanoff on 6/6/2017. (rban, )
May 31, 2017	Filing 50 RESPONSE in Support re #37 MOTION to Seal and Memorandum in Support filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit N (redacted), #2 Exhibit P (redacted), #3 Proposed Order)(Zurawski, Tara)
May 31, 2017	Filing 49 Minute Entry for proceedings held before District Judge Claude M. Hilton: Motion Hearing held on 5/31/2017. Appearance of counsel. Defendants' #41 Motion to Strike - Denied. Defendants' #24 Motion for Summary Judgment - Argued and CONTINUED, to be noticed for a hearing upon completion of discovery. (Court Reporter: J. Egal)(tarm)
May 30, 2017	Set Deadlines as to #41 MOTION to Strike #39 Sealed Document,,, #40 NOTICE OR, IN THE ALTERNATIVE, FOR LEAVE TO RESPOND. Motion Hearing set for 5/31/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (klau, )
May 26, 2017	Filing 48 Memorandum in Support re #44 MOTION to Seal Response to Supplemental Barger Declaration (Public Version - Dkt. No. 42-1) and Supplemental Zurawski Declaration (Public Version - Dkt. No. 42-2) filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
May 26, 2017	Filing 47 Sealed Attachment/Exhibit(s) re #44 MOTION to Seal Supplemental Zurawski Declaration (Public Version - Dkt. No. 42-2). (Attachments: #1 Exhibit (A-J), #2 Exhibit (K-L))(Zurawski, Tara)
May 26, 2017	Filing 46 Sealed Response/Reply/Opposition re #44 MOTION to Seal Response to Supplemental Barger Declaration (Public Version - Dkt. No. 42-1). (Zurawski, Tara)
May 26, 2017	Filing 45 Notice of Filing Sealing Motion LCvR5(C) by Big Heart Pet, Inc, The J.M. Smucker Company (Zurawski, Tara)
May 26, 2017	Filing 44 MOTION to Seal Response to Supplemental Barger Declaration (Public Version - Dkt. No. 42-1) and Supplemental Zurawski Declaration (Public Version - Dkt. No. 42-2) by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
May 26, 2017	Filing 43 Notice of Hearing Date set for May 31, 2017 re #41 MOTION to Strike #39 Sealed Document,,, #40 NOTICE OR, IN THE ALTERNATIVE, FOR LEAVE TO RESPOND (Zurawski, Tara)
May 26, 2017	Filing 42 Memorandum in Support re #41 MOTION to Strike #39 Sealed Document,,, #40 NOTICE OR, IN THE ALTERNATIVE, FOR LEAVE TO RESPOND filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Defendants' Response to Supplemental Barger Declaration, #2 Zurawski Supplemental Declaration)(Zurawski, Tara)
May 26, 2017	Filing 41 MOTION to Strike #39 Sealed Document,,, #40 NOTICE OR, IN THE ALTERNATIVE, FOR LEAVE TO RESPOND by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
May 26, 2017	Filing 40 NOTICE by Mars Petcare US, Inc., Mars, Incorporated re #27 Memorandum in Opposition,, of Supplemental Authority (Attachments: #1 Exhibit A Elliott v Google)(Barger, David)
May 24, 2017	Filing 39 Sealed Document re #37 MOTION to Seal and Memorandum in Support. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C Part 1, #4 Exhibit C Part 2, #5 Exhibit C Part 3, #6 Exhibit D, #7 Exhibit E Part 1, #8 Exhibit E Part 2, #9 Exhibit E Part 3, #10 Exhibit F Part 1, #11 Exhibit F Part 2, #12 Exhibit F Part 3, #13 Exhibit F Part 4, #14 Exhibit F Part 5, #15 Exhibit F Part 6, #16 Exhibit F Part 7, #17 Exhibit G Part 1, #18 Exhibit G Part 2, #19 Exhibit H, #20 Exhibit I, #21 Exhibit J, #22 Exhibit K, #23 Exhibit L Part 1, #24 Exhibit L Part 2, #25 Exhibit M, #26 Exhibit N, #27 Exhibit O, #28 Exhibit P, #29 Exhibit Q, #30 Exhibit R)(Barger, David)
May 24, 2017	Filing 38 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #37 MOTION to Seal and Memorandum in Support (Barger, David)
May 24, 2017	Filing 37 MOTION to Seal and Memorandum in Support by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
May 4, 2017	Set/Reset Deadlines as to #24 MOTION for Summary Judgment . Motion Hearing reset for WEDNESDAY, 5/31/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (per CMH's chambers) (tarm)
May 3, 2017	Filing 36 ORDER granting #29 Motion to Seal. The Motion is GRANTED with respect to Exhibit 11 of the Barger Declaration submitted by Mars in support of its Opposition to Smucker's Motion for Summary Judgment. The Court shall retain sealed materials until forty-five ( 45) days after entry of a finalorder after appeal. Signed by Magistrate Judge Michael S. Nachmanoff on 05/03/2017. (dvanm, )
May 2, 2017	Filing 35 STIPULATED AMENDED PROTECTIVE ORDER. Signed by Magistrate Judge Michael S. Nachmanoff on 05/02/17. (cmar, )
May 2, 2017	Per CMH chambers motions set for 5/5/17 have been continued date to be determined (clar, )
May 1, 2017	Filing 34 Joint MOTION for Protective Order Stipulated Amended by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit Stipulated Amended Protective Order)(Barger, David)
May 1, 2017	Filing 33 RESPONSE in Support re #29 MOTION to Seal filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit 11 (Redacted Public Version), #2 Proposed Order)(Zurawski, Tara)
May 1, 2017	Filing 32 REPLY to Response to Motion re #24 MOTION for Summary Judgment filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 SUPPLEMENTAL DECLARATION OF JAMIE LASSER, #2 DECLARATION OF LAUREN TIMMONS, #3 REBUTTAL REPORT OF SARAH BUTLER, #4 DECLARATION OF SUSAN SCHWARTZ MCDONALD)(Zurawski, Tara)
April 25, 2017	Filing 31 NOTICE by Mars Petcare US, Inc., Mars, Incorporated re #27 Memorandum in Opposition,, (Attachments: #1 Appendix A)(Barger, David)
April 25, 2017	Filing 30 Notice of Filing Sealing Motion LCvR5(C) by Mars Petcare US, Inc., Mars, Incorporated re #29 MOTION to Seal (Barger, David)
April 25, 2017	Filing 29 MOTION to Seal by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order)(Barger, David)
April 24, 2017	Filing 28 Sealed Attachment/Exhibit(s) re #27 Memorandum in Opposition,,. (Attachments: #1 Exhibit 11, #2 Proposed Order)(Barger, David)
April 24, 2017	Filing 27 Memorandum in Opposition re #24 MOTION for Summary Judgment filed by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Affidavit of Bryan McGann, #2 Affidavit of David Barger, #3 Affidavit of Kristin Bednar (part 1), #4 Affidavit of Kristen Bednar (part 2), #5 Affidavit of Linda Hayden, #6 Affidavit of Mark Keegan, #7 Affidavit of Michael Rappeport, #8 Affidavit of Sarah Lippman (part 1), #9 Affidavit of Sarah Lippman (part 2), #10 Affidavit of Sarah Lippman (part 2a), #11 Affidavit Saraph Lippman (part 2aa), #12 Affidavit of Sarah Lippman (part 3), #13 Affidavit of Sarah Lippman (part 4), #14 Affidavit of David Barger Rule 56(d))(Barger, David)
April 11, 2017	Set Deadlines as to #24 MOTION for Summary Judgment . Motion Hearing set for 5/5/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. (clar, )
April 10, 2017	Filing 26 Notice of Hearing Date set for May 5, 2017 re #24 MOTION for Summary Judgment (Zurawski, Tara)
April 10, 2017	Filing 25 Memorandum in Support re #24 MOTION for Summary Judgment filed by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Zurawski Declaration, #2 Exhibit A to Zurawski Decl., #3 Exhibit B to Zurawski Decl., #4 Exhibit C to Zurawski Decl., #5 Exhibit D to Zurawski Decl., #6 Exhibit E to Zurawski Decl., #7 Exhibit F to Zurawski Decl., #8 Lasser Declaration, #9 McDonald Declaration, #10 Exhibit A to McDonald Declaration, #11 Butler Declaration, #12 Exhibit A to Butler Declaration)(Zurawski, Tara)
April 10, 2017	Filing 24 MOTION for Summary Judgment by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Proposed Order)(Zurawski, Tara)
March 24, 2017	Filing 23 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Michael S. Nachmanoff on 03/24/17. (cmar, )
March 22, 2017	Filing 22 MOTION for Protective Order Stipulated by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Proposed Order Protective Order)(Barger, David)
March 21, 2017	Filing 21 Rule 16(b) Scheduling Order - Upon consideration of the record and the representations made by the parties in their discovery plan, it is ordered that: a. Parties shall deliver to the Clerk's Office a copy of every non-dispositive motion and every document relating to such a motion addressed to my chambers within one business day of filing it. b. Rule 26(a) disclosures, depositions, interrogatories, requests for documents and admissions, and answers thereto shall not be filed except on order of the court, or for use in a motion or at trial. c. No "general objection" may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. d. The Rule 26(f) report filed by the parties is approved and shall control discovery to the extent of its application, unless modified by the court herein or hereafter. (SEE ORDER FOR FURTHER DETAILS.) Signed by Magistrate Judge Michael S. Nachmanoff on 03/21/17. (cmar, )
March 20, 2017	Deadline terminated - Initial Pretrial Conference set for 3/22/2017 at 11:00 AM before Judge Nachmanoff terminated per MSN chambers.(cmar, )
March 13, 2017	Filing 20 Proposed Joint Discovery Plan by Mars Petcare US, Inc., Mars, Incorporated.(Barger, David)
February 28, 2017	Filing 19 SCHEDULING ORDER: Initial Pretrial Conference set for 3/22/2017 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Michael S. Nachmanoff. Final Pretrial Conference set for 7/20/2017 at 10:00 AM in Alexandria Courtroom 800 before District Judge Claude M. Hilton. Discovery due by 7/14/2017. Signed by District Judge Claude M. Hilton on 2/28/17. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(tarm)
February 24, 2017	Filing 18 ANSWER to Counterclaim re #13 Answer to Complaint, Counterclaim,, by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Exhibit E)(Barger, David)
February 13, 2017	Filing 17 ORDER granting #12 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 02/13/2017. (dvanm, )
February 13, 2017	Filing 16 ORDER granting #11 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 02/13/2017. (dvanm, )
February 3, 2017	Filing 15 Financial Interest Disclosure Statement (Local Rule 7.1) by The J.M. Smucker Company. (Froemming, John)
February 3, 2017	Filing 14 Financial Interest Disclosure Statement (Local Rule 7.1) by Big Heart Pet, Inc. (Froemming, John)
February 3, 2017	Filing 13 ANSWER to #1 Complaint, , COUNTERCLAIM against Mars Petcare US, Inc., Mars, Incorporated by Big Heart Pet, Inc, The J.M. Smucker Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Froemming, John)
February 3, 2017	Filing 12 Motion to appear Pro Hac Vice by Angela Gott and Certification of Local Counsel Tara Zurawski Filing fee $ 75, receipt number 0422-5364831. by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
February 3, 2017	Filing 11 Motion to appear Pro Hac Vice by Timothy Fraelich and Certification of Local Counsel Tara Zurawski Filing fee $ 75, receipt number 0422-5364819. by Big Heart Pet, Inc, The J.M. Smucker Company. (Zurawski, Tara)
February 3, 2017	Filing 10 NOTICE of Appearance by Tara Lynn Renee Zurawski on behalf of Big Heart Pet, Inc, The J.M. Smucker Company (Zurawski, Tara)
February 3, 2017	Filing 9 NOTICE of Appearance by John G. Froemming on behalf of Big Heart Pet, Inc, The J.M. Smucker Company (Froemming, John)
January 3, 2017	Filing 8 ORDER granting #5 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 1/3/2017. (dvanm, )
January 3, 2017	Filing 7 ORDER granting #6 Motion for Pro hac vice. Signed by District Judge Claude M. Hilton on 1/3/2017. (dvanm, )
December 16, 2016	Filing 6 Motion to appear Pro Hac Vice by Masahiro Noda and Certification of Local Counsel David G. Barger Filing fee $ 75, receipt number 0422-5295731. by Mars Petcare US, Inc., Mars, Incorporated. (Barger, David)
December 16, 2016	Filing 5 Motion to appear Pro Hac Vice by Steven John Wadyka, Jr. and Certification of Local Counsel David G. Barger Filing fee $ 75, receipt number 0422-5295713. by Mars Petcare US, Inc., Mars, Incorporated. (Attachments: #1 Supplement Rider to Application)(Barger, David)
December 8, 2016	Filing 4 WAIVER OF SERVICE Returned Executed by Mars, Incorporated, Mars Petcare US, Inc.. Big Heart Pet, Inc waiver sent on 12/5/2016, answer due 2/3/2017; The J.M. Smucker Company waiver sent on 12/5/2016, answer due 2/3/2017. (dvanm, )
November 21, 2016	Filing 3 Summons Issued as to Big Heart Pet, Inc, The J.M. Smucker Company. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice)(dvanm, )
November 21, 2016	Filing 2 Financial Interest Disclosure Statement (Local Rule 7.1) by Mars Petcare US, Inc., Mars, Incorporated. (dvanm, )
November 21, 2016	Filing 1 COMPLAINT against Big Heart Pet, Inc, The J.M. Smucker Company ( Filing fee $ 400, receipt number 0422-5259700.), filed by Mars, Incorporated, Mars Petcare US, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(dvanm, )

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Search for this case: Mars, Incorporated et al v. The J.M. Smucker Company et al
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Plaintiff: Mars, Incorporated
Represented By:	David Glenn Barger
Represented By:	Michelle DeFinis Gambino
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Plaintiff: Mars Petcare US, Inc.
Represented By:	David Glenn Barger
Represented By:	Michelle DeFinis Gambino
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Counter claimant: The J.M. Smucker Company
Represented By:	Tara Lynn Renee Zurawski
Represented By:	John G. Froemming
Represented By:	Yury Kalish
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Defendant: Big Heart Pet, Inc
Represented By:	Yury Kalish
Represented By:	John G. Froemming
Represented By:	Tara Lynn Renee Zurawski
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