Case details

Court: ilnd
Docket #: 1:06-cv-00950
Case Name: Top Tobacco, L.P. v. North Atlantic Operating Company, Inc.
PACER case #: 195861
Date filed: 2006-02-21
Date terminated: 2007-01-04
Assigned to: Honorable Matthew F. Kennelly
Case Cause: 28:1331 Fed. Question: Trademark
Nature of Suit: 840 Trademark
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Top Tobacco, L.P.
Plaintiff
Antony Joseph McShane
Neal, Gerber & Eisenberg Two North LaSalle Street Suite 1700 Chicago, IL 60602 (312) 269-8000 Fax: (312) 578-2808 Email: amcshane@ngelaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles S. Bergen
Grippo & Elden 111 South Wacker Drive Chicago, IL 60606 (312) 704-7700 Email: docket@grippoelden.com
ATTORNEY TO BE NOTICED

Hillary Altekruse Mann
Neal, Gerber & Eisenberg Two North LaSalle Street Suite 1700 Chicago, IL 60602 (312) 269-5352 Email: hmann@ngelaw.com
ATTORNEY TO BE NOTICED

Lynn Hagman Murray
Grippo & Elden 111 South Wacker Drive Chicago, IL 60606 (312) 704-7700 Email: docket@grippoelden.com
ATTORNEY TO BE NOTICED

Peter S. Roeser
Grippo & Elden LLC 111 South Wacker Drive Chicago, IL 60606 (312) 704-7700 Email: docket@grippoelden.com
ATTORNEY TO BE NOTICED

Robert Davis Stonebraker
Grippo & Elden 111 South Wacker Drive Chicago, IL 60606 (312) 704-7700 Email: docket@grippoelden.com
ATTORNEY TO BE NOTICED

Sarah Elizabeth Smith
Neal, Gerber & Eisenberg Two North LaSalle Street Suite 1700 Chicago, IL 60602 (312) 269-8000 Email: ssmith@ngelaw.com
ATTORNEY TO BE NOTICED

William J. Lenz
Neal, Gerber & Eisenberg Two North LaSalle Street Suite 1700 Chicago, IL 60602 (312) 269-8000 Email: wlenz@ngelaw.com
ATTORNEY TO BE NOTICED

Republic Tobacco, L.P.
Plaintiff
Antony Joseph McShane
(See above for address)
LEAD ATTORNEY

Lynn Hagman Murray
(See above for address)
ATTORNEY TO BE NOTICED

Robert Davis Stonebraker
(See above for address)
ATTORNEY TO BE NOTICED

North Atlantic Operating Company, Inc.
Defendant
Paul R. Garcia
Kirkland & Ellis LLP (Chicago) 300 N. LaSalle Chicago, IL 60654 (312)862-2000 Email: pgarcia@kirkland.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Ibsen Morales
Kirkland & Ellis LLP (Chicago) 300 N. LaSalle Chicago, IL 60654 (312)862-2000 Email: dmorales@kirkland.com
ATTORNEY TO BE NOTICED

Deanna R. Swits
Nixon Peabody LLP 300 South Riverside Plaza 16th Floor Chicago, IL 60606 312 425 3971 Email: dswits@nixonpeabody.com
ATTORNEY TO BE NOTICED

Jami A. Gekas
Wildman, Harrold, Allen & Dixon, LLP 225 West Wacker Drive Suite 3000 Chicago, IL 60606-1229 (312) 201 2390 Email: gekas@wildman.com
ATTORNEY TO BE NOTICED

Khara Coleman Washington
2335 Leclaire Street Davenport, IO 52803 (563)209-3681 Fax: 312-862-2200 Email: khara.coleman@kirkland.com
ATTORNEY TO BE NOTICED

Lisa M. Holubar
Kirkland & Ellis LLP (Chicago) 300 N. LaSalle Chicago, IL 60654 (312)862-2000 Email: lholubar@kirkland.com
ATTORNEY TO BE NOTICED

Melody N. Drummond Hansen
Kirkland & Ellis LLP (Chicago) 300 N. LaSalle Chicago, IL 60654 (312)469-7016 Email: mdrummond@kirkland.com
ATTORNEY TO BE NOTICED

Michael P. Bregenzer
Reed Smith LLP 10 South Wacker Drive 40th Floor Chicago, IL 60606 (312) 207-3853 Email: mbregenzer@reedsmith.com
ATTORNEY TO BE NOTICED

Robin Ann McCue
Kirkland & Ellis LLP (Chicago) 300 N. LaSalle Chicago, IL 60654 (312)862-2000 Email: rmccue@kirkland.com
ATTORNEY TO BE NOTICED

National Tobacco Company, L.P.
Defendant
Daniel Ibsen Morales
(See above for address)
ATTORNEY TO BE NOTICED

Jami A. Gekas
(See above for address)
ATTORNEY TO BE NOTICED

Khara Coleman Washington
(See above for address)
ATTORNEY TO BE NOTICED

Melody N. Drummond Hansen
(See above for address)
ATTORNEY TO BE NOTICED

Robin Ann McCue
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-02-21 1 0 COMPLAINT filed by Top Tobacco, L.P.; Jury Demand.(jmm, ) (Entered: 02/22/2006)
2006-02-21 2 0 CIVIL Cover Sheet. (jmm, ) (Entered: 02/22/2006)
2006-02-21 3 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by Antony Joseph McShane. (jmm, ) (Entered: 02/22/2006)
2006-02-21 4 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by Sarah Elizabeth Smith. (jmm, ) (Entered: 02/22/2006)
2006-02-21 6 0 SUMMONS Issued, original and one copy as to Defendant North Atlantic Operating Company, Inc. (jmm, ) (Entered: 02/22/2006)
2006-02-21 7 0 NOTICE by Top Tobacco, L.P. of claims involving trademarks pursuant to Local Rule 3.4. (jmm, ) (Entered: 02/22/2006)
2006-03-03 8 0 MOTION by Plaintiff Top Tobacco, L.P. for preliminary injunction (McShane, Antony) (Entered: 03/03/2006)
2006-03-03 9 0 Exhibit A to Motion for Preliminary Injunction by Top Tobacco, L.P. (McShane, Antony) (Entered: 03/03/2006)
2006-03-03 10 0 NOTICE of Motion by Antony Joseph McShane for presentment of motion for preliminary injunction 8 before Honorable Matthew F. Kennelly on 3/9/2006 at 09:30 AM. (McShane, Antony) (Entered: 03/03/2006)
2006-03-03 11 0 MEMORANDUM by Top Tobacco, L.P. in Support of Motion for Preliminary Injunction (Attachments: # 1 Exhibit A to Memorandum in Support of Plaintiff's Motion for Preliminary Injunction)(McShane, Antony) (Entered: 03/03/2006)
2006-03-03 12 0 NOTICE by Top Tobacco, L.P. of Filing Memorandum in Support of Motion for Preliminary Injunction (McShane, Antony) (Entered: 03/03/2006)
2006-03-13 13 0 ANSWER to Complaint with Jury Demand by North Atlantic Operating Company, Inc. (Attachments: # 1 Exhibit Exhibit A to Answer and Affirmative Defenses to Complaint)(Jarosch, Jami) (Entered: 03/13/2006)
2006-03-09 14 0 MINUTE entry before Judge Matthew F. Kennelly : Response to motion for preliminary injunction is due 3/31/2006. 8 Status hearing set to 4/6/2006 at 9:30 a.m. Mailed notice (hp, ) (Entered: 03/13/2006)
2006-03-13 15 0 ATTORNEY Appearance for Defendant North Atlantic Operating Company, Inc. by Lisa M. Holubar (hp, ) (Entered: 03/15/2006)
2006-03-31 16 0 ATTORNEY Appearance for Defendant North Atlantic Operating Company, Inc. by Paul R. Garcia (Garcia, Paul) (Entered: 03/31/2006)
2006-03-31 17 0 MEMORANDUM by North Atlantic Operating Company, Inc. in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Declaration # 8 Declaration # 9 Declaration # 10 Declaration)(Jarosch, Jami) (Entered: 03/31/2006)
2006-04-11 18 0 AFFIDAVIT of Service filed by Plaintiff Top Tobacco, L.P. regarding Summons served on North Atlantic Operating Company, Inc. on February 24, 2006 (Smith, Sarah) (Entered: 04/11/2006)
2006-04-06 19 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 4/6/2006 and continued to 4/18/2006 at 09:30 AM. (or, ) (Entered: 04/12/2006)
2006-04-18 20 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 4/18/2006 and continued to 4/25/2006 at 10:30 AM. (or, ) (Entered: 04/21/2006)
2006-04-25 21 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 4/25/2006 and continued to 5/11/2006 at 10:30 AM. Focused written discovery request to be served by 4/27/2006. Response due 5/8/2006. (or, ) (Entered: 04/25/2006)
2006-05-11 22 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 5/11/2006 and continued to 6/1/2006 at 09:30 AM. Jury Trial set for 8/21/2006 at 09:45 AM. (or, ) (Entered: 05/17/2006)
2006-05-30 23 0 MOTION by Plaintiff Top Tobacco, L.P., Defendant North Atlantic Operating Company, Inc. for protective order [Agreed Motion] (Attachments: # 1)(Jarosch, Jami) (Entered: 05/30/2006)
2006-05-30 24 0 NOTICE of Motion by Jami A Jarosch for presentment of motion for protective order 23 before Honorable Matthew F. Kennelly on 6/7/2006 at 09:30 AM. (Jarosch, Jami) (Entered: 05/30/2006)
2006-06-01 25 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 6/1/2006 and continued to 6/29/2006 at 09:30 AM. 26(a)(2) disclosures are due 6/22/2006 and rebuttal disclosures on 7/13/2006. (or, ) (Entered: 06/06/2006)
2006-06-07 26 0 MINUTE entry before Judge Matthew F. Kennelly : Agreed motion for protective order 23 is granted. Mailed notice (eav, ) (Entered: 06/08/2006)
2006-06-07 27 0 AGREED PROTECTIVE Order Signed by Judge Matthew F. Kennelly on 6/7/2006:Mailed notice(eav, ) (Entered: 06/08/2006)
2006-06-09 28 0 Plaintiff's Rule26(a)(1) Disclosures by Top Tobacco, L.P. (McShane, Antony) (Entered: 06/09/2006)
2006-06-09 29 0 NOTICE by Top Tobacco, L.P. re other 28 (McShane, Antony) (Entered: 06/09/2006)
2006-06-09 30 0 REPORT of Rule 26(f) Planning Meeting by Top Tobacco, L.P., North Atlantic Operating Company, Inc. (Jarosch, Jami) (Entered: 06/09/2006)
2006-06-09 31 0 NOTICE by North Atlantic Operating Company, Inc. re report of rule 26(f) planning meeting 30 (Jarosch, Jami) (Entered: 06/09/2006)
2006-06-12 32 0 AMENDED notice of filing 31 by North Atlantic Operating Company, Inc. (Jarosch, Jami) (Entered: 06/12/2006)
2006-06-16 33 0 ATTORNEY Appearance for Defendant North Atlantic Operating Company, Inc. by Deanna R. Swits (vmj, ) (Entered: 06/20/2006)
2006-06-16 34 0 ATTORNEY Appearance for Defendant North Atlantic Operating Company, Inc. by Michael P. Bregenzer (vmj, ) (Entered: 06/20/2006)
2006-06-22 35 0 MOTION by Plaintiff Top Tobacco, L.P. to amend/correct Amend Rule 26(a)(2)Expert Disclosure Dates and Request Scheduling Conference (Attachments: # 1 Exhibit 1 to Plaintiff's Motion to Amend Rule 26(a)(2) and Request Scheduling Conference)(McShane, Antony) (Entered: 06/22/2006)
2006-06-22 36 0 Plaintiff's NOTICE of Motion by Antony Joseph McShane for presentment of motion to amend/correct, 35 before Honorable Matthew F. Kennelly on 6/27/2006 at 09:30 AM. (McShane, Antony) (Entered: 06/22/2006)
2006-06-27 37 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 6/27/2006 and continued to 08:45 AM. (or, ) (Entered: 06/29/2006)
2006-06-29 38 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing pursuant to Rule 16(b) held on 6/29/2006 with attorneys for both sides. Deadline for amending pleadings and adding parties is 7/19/2006. Rule 26(a)(2) disclosures are due by 7/7/2006 for plaintiff, with supplements due 7/25/2006, and 8/8/2006 for defendant. The final pretrial conference is set to 8/17/2006 at 3:00 p.m. Status hearing continued to 8/2/2006 at 9:30 a.m. (or, ) (Entered: 07/11/2006)
2006-07-13 39 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by William J. Lenz (Lenz, William) (Entered: 07/13/2006)
2006-07-13 40 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by Hillary Altekruse Mann (Mann, Hillary) (Entered: 07/13/2006)
2006-07-14 41 0 MOTION by Plaintiff Top Tobacco, L.P. for leave to file an Amended Complaint (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(McShane, Antony) (Entered: 07/14/2006)
2006-07-14 42 0 Top Tobacco's NOTICE of Motion by Antony Joseph McShane for presentment of motion for leave to file 41 before Honorable Matthew F. Kennelly on 7/19/2006 at 09:30 AM. (McShane, Antony) (Entered: 07/14/2006)
2006-07-19 43 0 MINUTE entry before Judge Matthew F. Kennelly : Motion for leave to amend complaint is entered and continued to 7/24/2006 at 09:30 AM. (or, ) (Entered: 07/21/2006)
2006-07-27 44 0 AMENDED complaint by Republic Tobacco, L.P., Top Tobacco, L.P. against National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Attachments: # 1 Exhibit 1 to Amended Complaint# 2 Exhibit 2 to Amended Complaint)(McShane, Antony) (Entered: 07/27/2006)
2006-07-27 45 0 NOTICE by Republic Tobacco, L.P., Top Tobacco, L.P. re amended complaint 44 (McShane, Antony) (Entered: 07/27/2006)
2006-07-24 46 0 MINUTE entry before Judge Matthew F. Kennelly : Motion to amend complaint is granted. Defendant's 26(a)(2) disclosure deadline is extended to 9/20/06 and plaintiff's to 10/4/06. Jury trial of 8/21/06 is vacated and reset to 11/13/06. Pretrial order is to be submittred by 10/23/06. Motions in limine and responses to those motions are limited to 20 pages. Status hearing set to 8/14/06 at 9:30 a.m. Motion for preliminary injunction is terminated as moot. Mailed (vmj, ) (Entered: 08/01/2006)
2006-08-01 47 0 2 SUMMONS and 2 copies Issued as to Defendant National Tobacco Company, L.P. (Two different addresses) New York & Ken (vmj, ) (Entered: 08/02/2006)
2006-08-03 48 0 MINUTE entry before Judge Matthew F. Kennelly : Pretrial conference of 8/17/2006 is vacated. (or, ) (Entered: 08/03/2006)
2006-08-14 49 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 8/14/2006. Final Pretrial Conference set for 11/1/2006 at 04:00 PM. (or, ) (Entered: 08/15/2006)
2006-08-22 50 0 ATTORNEY Appearance for Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. by Khara Aisha Ashanti Coleman (Coleman, Khara) (Entered: 08/22/2006)
2006-08-23 51 0 ATTORNEY Appearance for Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. by Daniel Ibsen Morales. (rp, ) (Entered: 08/25/2006)
2006-08-23 52 0 ATTORNEY Appearance for Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. by Melody N. Drummond. (rp, ) (Entered: 08/25/2006)
2006-08-28 53 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by Charles S. Bergen (Bergen, Charles) (Entered: 08/28/2006)
2006-09-01 54 0 ANSWER to amended complaint by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.(Jarosch, Jami) (Entered: 09/01/2006)
2006-09-01 55 0 NOTICE of Affiliates pursuant to Local Rule 3.2 by all defendants (Jarosch, Jami) (Entered: 09/01/2006)
2006-09-20 56 0 ATTORNEY Appearance for Plaintiff Top Tobacco, L.P. by Peter S. Roeser Appearance of Peter S. Roeser (Roeser, Peter) (Entered: 09/20/2006)
2006-10-06 57 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 10/6/2006 with attorneys for both sides by telephone. Status hearing set for 10/12/2006 at 09:30 AM. (or, ) (Entered: 10/06/2006)
2006-10-09 58 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Count II of Amended Complaint (Attachments: # 1 Notice of Filing)(Jarosch, Jami) (Entered: 10/09/2006)
2006-10-09 59 0 MEMORANDUM by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. in Support of motion for summary judgment 58 on Count II of Amended Complaint (Jarosch, Jami) (Entered: 10/09/2006)
2006-10-09 60 0 RULE 56 Local Rule 56.1 Statement by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. regarding motion for summary judgment 58 on Count II of Amended Complaint (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Jarosch, Jami) (Entered: 10/09/2006)
2006-10-09 61 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Counts I, III, IV, and V of Amended Complaint (Attachments: # 1 Notice of Filing)(Jarosch, Jami) (Entered: 10/09/2006)
2006-10-09 62 0 MEMORANDUM by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. in Support of motion for summary judgment 61 on Counts I, III, IV and V of Amended Complaint (Jarosch, Jami) (Entered: 10/09/2006)
2006-10-09 63 0 RULE 56 Local Rule 56.1 Statement by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. regarding motion for summary judgment 61 on Counts I, III, IV and V of Amended Complaint (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Jarosch, Jami) (Entered: 10/09/2006)
2006-10-10 64 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. in limine (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Notice of Filing Combined Motions in Limine)(Jarosch, Jami) (Entered: 10/10/2006)
2006-10-12 65 0 MINUTE entry before Judge Matthew F. Kennelly : Status hearing held on 10/12/2006. Jury trial date of 11/13/2006 is vacated and reset to 11/27/2007 at 09:45 AM. Pretrial Order deadine is extended to 11/2/2006. Final Pretrial Conference reset for 11/9/2006 at 03:00 PM. Response to defendant's motions for summary judgment is due 10/27/2006 and reply brief on 11/6/2006. (or, ) (Entered: 10/12/2006)
2006-10-19 66 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to continue MOTION TO MOVE THE TRIAL DATE FROM NOVEMBER 27, 2006, TO THE WEEK OF EITHER DECEMBER 11 OR 18, 2006 (Garcia, Paul) (Entered: 10/19/2006)
2006-10-19 67 0 NOTICE of Motion by Paul R. Garcia for presentment of motion to continue 66 before Honorable Matthew F. Kennelly on 10/25/2006 at 09:30 AM. (Garcia, Paul) (Entered: 10/19/2006)
2006-10-25 68 0 MINUTE entry before Judge Matthew F. Kennelly : Motion to continue trial 66 is granted. Pretrial Order deadline reset to 2/12/2007. Final Pretrial Conference reset for 2/28/2007 at 04:00 PM. Jury Trial reset for 3/12/2007 at 09:45 AM. Plaintiff's response to motion for summary judgment due 11/3/2006 and reply date on 11/17/2006. (or, ) (Entered: 10/25/2006)
2006-11-02 69 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to enforce Protective Order (Bergen, Charles) (Entered: 11/02/2006)
2006-11-02 70 0 Motion for Enforcement of Protective Order NOTICE of Motion by Charles S. Bergen for presentment of motion to enforce 69 before Honorable Matthew F. Kennelly on 11/7/2006 at 09:30 AM. (Bergen, Charles) (Entered: 11/02/2006)
2006-11-03 71 0 ATTORNEY Appearance for Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. by Lynn Hagman Murray (Murray, Lynn) (Entered: 11/03/2006)
2006-11-03 72 0 RESPONSE by Republic Tobacco, L.P., Top Tobacco, L.P. in Opposition to MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Counts I, III, IV, and V of Amended Complaint 61 Filed Under Seal (McShane, Antony) (Entered: 11/03/2006)
2006-11-03 73 0 RESPONSE by Republic Tobacco, L.P., Top Tobacco, L.P. in Opposition to MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Count II of Amended Complaint 58 Filed Under Seal (McShane, Antony) (Entered: 11/03/2006)
2006-11-03 74 0 RESPONSE by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to Rule 56 statement, 60 , Rule 56 statement, 63 Filed Under Seal (McShane, Antony) (Entered: 11/03/2006)
2006-11-03 75 0 SEALED DOCUMENT - Plaintiff's response to defendants' Local Rule 56.1 statement. (vmj, ) (Entered: 11/06/2006)
2006-11-03 76 0 SEALED DOCUMENT - Plaintiff's Opposition to defendants' motion for summary judgment on Counts I, III, IV and V of the amended complaint. (vmj, ) (Entered: 11/06/2006)
2006-11-03 77 0 SEALED DOCUMENT - Plaintiffs' opposition to defendants' motion for summary judgment on Count II of the Amended Complaint. (vmj, ) (Entered: 11/06/2006)
2006-11-06 78 0 RESPONSE TO PLAINTIFFS' "MOTION TO ENFORCE PROTECTIVE ORDER" (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Garcia, Paul) (Entered: 11/06/2006)
2006-11-07 79 0 MINUTE entry before Judge Matthew F. Kennelly : Motion to enforce 69 is granted in part and denied in part Defendant is directed to comply with request 2 and 3, on page six of the motion, on or by 11/14/2006. (or, ) (Entered: 11/13/2006)
2006-11-13 80 0 NOTICE OF COMPLIANCE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Garcia, Paul) (Entered: 11/13/2006)
2006-11-13 81 0 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re other 80 NOTICE OF FILING (Garcia, Paul) (Entered: 11/13/2006)
2006-11-14 82 0 EXHIBITS by Plaintiff Top Tobacco, L.P. to Response to North Atlantic's Local Rule 56.1 Statements 74 (82-1 thru 82-3). (gej, ) (Entered: 11/15/2006)
2006-11-14 83 0 REDACTED OPPOSITION by Republic Tobacco, L.P., Top Tobacco, L.P. to Defendants' motion for summary judgment on Count II of the Amended Complaint 58 ; Notice. (gej, ) (Entered: 11/16/2006)
2006-11-14 84 0 REDACTED OPPOSITION by Republic Tobacco, L.P., Top Tobacco, L.P. to Defendants' Motion for Summary Judgment on Counts I, III, IV and V of the Amended Complaint 61 ; Notice. (gej, ) (Entered: 11/16/2006)
2006-11-14 85 0 REDACTED RESPONSE by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to North Atlantic's Local Rule 56.1 Statements.(gej, ) (Entered: 11/16/2006)
2006-11-17 86 0 REPLY by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.in Support of MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Count II of Amended Complaint 58 (Attachments: # 1 Exhibit A)(Swits, Deanna) (Entered: 11/17/2006)
2006-11-17 87 0 REPLY by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to Response 85 , Rule 56 statement, 63 , exhibit 82 (Swits, Deanna) (Entered: 11/17/2006)
2006-11-17 88 0 REPLY by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.in Support of MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Counts I, III, IV, and V of Amended Complaint 61 Filed Under Seal (Swits, Deanna) (Entered: 11/17/2006)
2006-11-17 89 0 REPLY Brief by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. in Support of their motion for summary judgment on counts I, III, IV, V of the Amended Complaint; (RESTRICTED).(gej, ) (Entered: 11/21/2006)
2006-11-17 90 0 RULE 56.1 REPLY and Exhibits A-E in Support of Motion for Summary Judgment by Defendant North Atlantic Operating Company, Inc.; (RESTRICTED). (gej, ) (Entered: 11/21/2006)
2006-11-22 91 0 REPLY by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.in Support of MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for summary judgment on Counts I, III, IV, and V of Amended Complaint 61 PUBLIC VERSION (Garcia, Paul) (Entered: 11/22/2006)
2006-11-22 92 0 RULE 56 56.1(a)(3) & (b) Statement by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. regarding motion for summary judgment 58 , motion for summary judgment 61 PUBLIC VERSION (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Garcia, Paul) (Entered: 11/22/2006)
2007-01-04 93 0 MINUTE entry before Judge Matthew F. Kennelly :For the reasons set forth in the Memorandum Opinion, the Court grants defendants' motion for summary judgment (documents 58 and 61). The Clerk is ordered to enter judgment in favor of the defendants. The trial date of 3/12/2007 and the final pretrial conference date of 2/28/2007 are vacated.Civil case terminated. Mailed notice (gej, ) (Entered: 01/11/2007)
2007-01-04 94 0 MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 1/4/2007.(gej, ) (Entered: 01/11/2007)
2007-01-25 95 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for attorney fees PREVAILING DEFENDANTS' MOTION FOR A FNDING THAT THIS IS AN "EXCEPTIONAL CASE" SUCH THAT FEES SHOULD BE AWARDED (Garcia, Paul) (Entered: 01/25/2007)
2007-01-25 96 0 NOTICE of Motion by Paul R. Garcia for presentment of motion for attorney fees, 95 before Honorable Matthew F. Kennelly on 1/30/2007 at 09:30 AM. (Garcia, Paul) (Entered: 01/25/2007)
2007-01-25 97 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to seal document MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for attorney fees PREVAILING DEFENDANTS' MOTION FOR A FNDING THAT THIS IS AN "EXCEPTIONAL CASE" SUCH THAT FEES SHOULD BE AWARDED 95 (Garcia, Paul) (Entered: 01/25/2007)
2007-01-25 98 0 NOTICE of Motion by Paul R. Garcia for presentment of motion to seal document, motion for relief,, 97 before Honorable Matthew F. Kennelly on 1/30/2007 at 09:30 AM. (Garcia, Paul) (Entered: 01/25/2007)
2007-01-26 99 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for attorney fees PUBLIC VERSION OF PREVAILING DEFENDANTS' MOTION FOR A FINDING THAT THIS IS AN "EXCEPTIONAL" CASE SUCH THAT FEES SHOULD BE AWARDED (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G)(Garcia, Paul) (Entered: 01/26/2007)
2007-01-25 100 0 MOTION by Defendant North Atlantic Operating Company, Inc. for a finding that this is an "Exceptional Case" such that fees should be awarded and Exhibits A-G. (RESTRICTED) (rp, ) (Entered: 01/26/2007)
2007-01-26 101 0 NOTICE of appeal by Republic Tobacco, L.P., Top Tobacco, L.P. regarding orders 93 , 94 ; Filing fee $455.00 paid; Receipt number 10646148 (cdh, ) (Entered: 01/29/2007)
2007-01-29 102 0 TRANSMITTED to the 7th Circuit the short record on notice of appeal 101 . Notified counsel (cdh, ) (Entered: 01/29/2007)
2007-01-31 103 0 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of Filing Corrected Motion to Modify Protective Order (Bregenzer, Michael) (Entered: 01/31/2007)
2007-01-31 104 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to amend/correct notice of filing 103 Corrected Motion to Modify Protective Order (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Exhibit 4# 5 Exhibit Exhibit 5# 6 Exhibit Exhibit 6)(Bregenzer, Michael) (Entered: 01/31/2007)
2007-01-31 105 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc.Withdraw Document From Public Record (Bregenzer, Michael) (Entered: 01/31/2007)
2007-01-31 106 0 NOTICE of Motion by Michael P. Bregenzer for presentment of motion for miscellaneous relief 105 before Honorable Matthew F. Kennelly on 2/1/2007 at 09:30 AM. (Bregenzer, Michael) (Entered: 01/31/2007)
2007-02-01 107 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for bill of costs (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)(Morales, Daniel) (Entered: 02/01/2007)
2007-02-01 108 0 DECLARATION of Daniel I. Morales regarding motion for bill of costs, 107 by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (Morales, Daniel) (Entered: 02/01/2007)
2007-02-01 109 0 NOTICE of Motion by Daniel Ibsen Morales for presentment of motion for bill of costs, 107 before Honorable Matthew F. Kennelly on 2/7/2007 at 09:30 AM. (Morales, Daniel) (Entered: 02/01/2007)
2007-02-01 110 0 CORRECTED NOTICE of Motion by Daniel Ibsen Morales for presentment of motion for bill of costs, 107 before Honorable Matthew F. Kennelly on 2/6/2007 at 09:30 AM. (Morales, Daniel) (Entered: 02/01/2007)
2007-01-30 111 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to Modify Protective Order.(gej, ) (Image removed pursuant to order of 02/01/07). (Entered: 02/01/2007)
2007-01-30 112 0 NOTICE of Motion by Paul R. Garcia for presentment of motion to modify protective order 111 before Honorable Matthew F. Kennelly on 2/6/2007 at 09:30 AM. (gej, ) (Entered: 02/01/2007)
2007-02-05 113 0 RESPONSE by Republic Tobacco, L.P. to MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to amend/correctMOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for protective order 111 (Attachments: # 1 Exhibit Ex. A to Republic's Response# 2 Exhibit Exs. B-G to Republic's Response)(Bergen, Charles) (Entered: 02/05/2007)
2007-01-30 114 0 MINUTE entry before Judge Matthew F. Kennelly : Response to motion for finding of exceptional case due by 2/21/2007. Reply due by 3/7/2007. Ruling by mail. Response to motion to file under seal due 2/5/2007. (or, ) (Entered: 02/06/2007)
2007-02-01 115 0 MINUTE entry before Judge Matthew F. Kennelly :Emergency motion to withdraw document from public record is granted 105 . Motion to modify protective order filed on 1/30/2007, document number 111 , is to be removed from the public record, and the image is to be removed from CM/ECF. The Clerk of Court is directed to remove document number 111 from the docket. Mailed notice (td, ) (Entered: 02/07/2007)
2007-02-09 116 0 DESIGNATION by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of record on appeal : USCA Case No. 07-1244 (Holubar, Lisa) (Entered: 02/09/2007)
2007-02-09 117 0 DESIGNATION by Republic Tobacco, L.P., Top Tobacco, L.P. of record on appeal : USCA Case No. 07-1244 (Bergen, Charles) (Entered: 02/09/2007)
2007-02-06 118 0 MINUTE entry before Judge Matthew F. Kennelly : Response to motion for costs is due 2/23/2007; reply brief is due on 3/9/2007. Motion for protective order to permit certain materials produced in this case to be used in Case No. 06 C 2738 is granted, on the condition that the material subject to protective order is not to be used in connection with motions for summary judgment in Case No. 06 C 2738. (or, ) (Entered: 02/15/2007)
2007-02-20 119 0 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 101 (USCA no. 07-1244) consisting of three volumes of pleadings and four vault envelopes. (cdh, ) (Entered: 02/20/2007)
2007-02-20 120 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for extension of time to file response/reply as to motion for miscellaneous relief 100 Unopposed Motion for a 2-Day Extension of Time to File a Response to Defendants' Motion for Attorney Fees (Bergen, Charles) (Entered: 02/20/2007)
2007-02-20 121 0 CERTIFICATE by Republic Tobacco, L.P., Top Tobacco, L.P. of Service of Plaintiffs' Unopposed Motion for a 2-Day Extension of Time to File a Response to Defendants' Motion for Attorney Fees [Document Number: 120] (Bergen, Charles) (Entered: 02/20/2007)
2007-02-22 122 0 USCA RECEIVED on 2/20/07 the long record regarding notice of appeal 101 (cdh, ) (Entered: 02/22/2007)
2007-02-23 123 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to seal Motion for Leave to File Under Seal Instanter Plaintiffs' Opposition To Defendants' Motion for a Finding That This Is An "Exceptional Case" and for an Award of Attorney Fees (Bergen, Charles) (Entered: 02/23/2007)
2007-02-23 124 0 MEMORANDMUM by Republic Tobacco, L.P., Top Tobacco, L.P. in Opposition to motion for miscellaneous relief 100 Plaintiffs' Opposition To Defendants' Motion for a Finding that this is an "Exceptional Case" and for an Award of Attorney Fees (Restricted Document Pursuant to Local Rule 26.2) (Bergen, Charles) (Entered: 02/23/2007)
2007-02-23 125 0 Notice of Motion for Leave to File Under Seal Instanter Plaintiffs' Opposition to Defendants' Motion for a Finding that this is an "Exceptional Case" and for an award of Attorney Fees NOTICE of Motion by Charles S. Bergen for presentment of motion to seal, 123 before Honorable Matthew F. Kennelly on 2/28/2007 at 09:30 AM. (Bergen, Charles) (Entered: 02/23/2007)
2007-02-23 126 0 OBJECTIONS by Republic Tobacco, L.P., Top Tobacco, L.P. to MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for bill of costs 107 (Lenz, William) (Entered: 02/23/2007)
2007-02-23 127 0 opposition by Plaintiffs to Defendant's motion for a finding that this is an "exceptional case" and for an award of attorney fees 100 . (RESTRICTED). (Document not scanned). (ar, ) (Entered: 02/26/2007)
2007-02-27 128 0 ATTORNEY Appearance for Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. by Robert Davis Stonebraker (Stonebraker, Robert) (Entered: 02/27/2007)
2007-02-27 129 0 MINUTE entry before Judge Matthew F. Kennelly : Plaintiff's motion for leave to file under seal, instanter, its opposition to defendant's motion for a finding that this is an "exceptional case" and for an award of attorney's fees is granted. Mailed notice (vkd, ) (Entered: 02/28/2007)
2007-03-09 130 0 REPLY by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to motion for miscellaneous relief 100 for finding of exceptional case (Attachments: # 1 Exhibit A# 2 Exhibit B)(McCue, Robin) (Entered: 03/09/2007)
2007-03-09 131 0 ATTORNEY Appearance for Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. by Robin Ann McCue (McCue, Robin) (Entered: 03/09/2007)
2007-03-09 132 0 Document Removed per Court order dated 3/20/07(Morales, Daniel) Modified on 3/21/2007 (mb, ). (Entered: 03/09/2007)
2007-03-13 133 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc.Order to remove from document from public record (Attachments: # 1 Exhibit Corrected Exhibit A to Docket No 130)(McCue, Robin) (Entered: 03/13/2007)
2007-03-13 134 0 NOTICE of Motion by Robin Ann McCue for presentment of motion for miscellaneous relief 133 before Honorable Matthew F. Kennelly on 3/20/2007 at 09:30 AM. (McCue, Robin) (Entered: 03/13/2007)
2007-03-16 135 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for leave to file Plaintiffs' Motion for Leave to File Surreply To Respond To New Issues Raised In Defendants' Replies In Support Of Their Motion for Costs and Motion for (Roeser, Peter) (Entered: 03/16/2007)
2007-03-16 136 0 Notice of Motion NOTICE of Motion by Peter S. Roeser for presentment of motion for leave to file, 135 (Roeser, Peter) (Entered: 03/16/2007)
2007-03-20 137 0 REPLY by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to motion for miscellaneous relief 100 , reply 130 corrected reply brief (Attachments: # 1 Exhibit Corrected Ex A# 2 Exhibit B)(McCue, Robin) (Entered: 03/20/2007)
2007-03-20 138 0 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re reply 137 (McCue, Robin) (Entered: 03/20/2007)
2007-03-20 139 0 MINUTE entry before Judge Matthew F. Kennelly : Agreed motion to withdraw document from public record 133 is granted. The Clerk is directed to remove docket number 132 from the public record in this case. Defendant is directed to file a conformed copy of its reply brief forthwith. Mailed notice (mb, ) (Entered: 03/21/2007)
2007-03-26 140 0 RESPONSE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.in Opposition to MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for leave to file Plaintiffs' Motion for Leave to File Surreply To Respond To New Issues Raised In Defendants' Replies In Support Of Their Motion for Costs and Motion for 135 (McCue, Robin) (Entered: 03/26/2007)
2007-03-26 141 0 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re response in opposition to motion, 140 (McCue, Robin) (Entered: 03/26/2007)
2007-04-04 142 0 SUR-REPLY by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to motion for miscellaneous relief 100 , motion for attorney fees, 95 , motion for bill of costs, 107 Plaintiffs' Consolidated Surreply to Defendants' Bill of Costs and Motion for Attorney Fees (Roeser, Peter) (Entered: 04/04/2007)
2007-04-03 143 0 MINUTE entry before Judge Matthew F. Kennelly : Plaintiff's motion for leave to file a sur-reply 135 is granted. The motion for for costs and attorney's fees 120 are taken under advisement. Mailed notice (smm) (Entered: 04/04/2007)
2007-04-06 144 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to supplement the Record on Appeal (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4)(Stonebraker, Robert) (Entered: 04/06/2007)
2007-04-06 145 0 NOTICE of Motion by Robert Davis Stonebraker for presentment of motion to supplement 144 before Honorable Matthew F. Kennelly on 4/11/2007 at 09:30 AM. (Stonebraker, Robert) (Entered: 04/06/2007)
2007-04-06 146 0 SEALED DOCUMENT: MOTION by Plaintiffs to modify the record on appeal (Exhibit). (Document not scanned) (vmj, ) (Entered: 04/09/2007)
2007-04-10 147 0 RESPONSE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc.in Opposition to MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to supplement the Record on Appeal 144 (Attachments: # 1 Exhibit A)(Garcia, Paul) (Entered: 04/10/2007)
2007-04-10 148 0 CORRECTED EXHIBIT 2 by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. regarding MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. to supplement the Record on Appeal 144 (RESTRICTED)(rp, ) (Entered: 04/11/2007)
2007-04-11 149 0 MINUTE entry before Judge Matthew F. Kennelly :Motion to supplement the record on appeal and motion to amend/correct are granted [144, 146].Mailed notice (smm) (Entered: 04/16/2007)
2007-04-17 150 0 MINUTE entry before Judge Matthew F. Kennelly :For the reasons stated in the Memorandum Opinion, the Court grants defendants motion for attorneys fees (100) and grants in part and denies in part its bill of costs (107). The Court taxes costs in favor of defendants in the amount of $43,292.62. Defendants are ordered to file their fee petition by 5/7/2007; plaintiffs shall respond by 5/29/2007. Defendants may file a reply by 6/8/2007. The Court will rule by mail.Mailed notice (gej, ) (Entered: 04/18/2007)
2007-04-17 151 0 MEMORANDUM Opinion and Order Signed by Judge Matthew F. Kennelly on 4/17/2007.(gej, ) (Entered: 04/18/2007) 2010-04-29 01:06:58 5ad330817eb3a5654fabbbf06a97ab0070b13f86
2007-04-24 152 0 TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 101 (USCA no. 07-1244) consisting of 1 volumes of pleadings, 1 vaulted item. Document(s) nos. 127, 130, 142, 144, 149. (smm) (Entered: 04/24/2007)
2007-05-07 153 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. for leave to file The Prevailing Defendants' Fee Petition Under Seal Instanter (McCue, Robin) (Entered: 05/07/2007)
2007-05-07 154 0 NOTICE of Motion by Robin Ann McCue for presentment of motion for leave to file 153 before Honorable Matthew F. Kennelly on 6/11/2007 at 09:30 AM. (McCue, Robin) (Entered: 05/07/2007)
2007-05-07 155 0 FEE PETITION by Prevailing Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (RESTRICTED) (Document Not Scanned). (vkd, ) (Entered: 05/08/2007)
2007-05-07 156 0 EXHIBIT A to Prevailing Defendants' Fee Petition 155 : Declaration of Robin A. McCue in support of prevailing defendants' fee petition with Exhibits 1-13. (RESTRICTED)(Document Not Scanned). (vkd, ) (Entered: 05/08/2007)
2007-05-07 157 0 EXHIBIT B to Prevailing Defendants' Fee Petition 155 . (RESTRICTED)(Document Not Scanned). (vkd, ) (Entered: 05/08/2007)
2007-05-14 158 0 PETITION motion for miscellaneous relief 155 by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. PUBLIC VERSION- FEE PETITION (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B)(McCue, Robin) (Entered: 05/14/2007)
2007-05-14 159 0 NOTICE by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. re petition 158 PUBLIC VERSION - FEE PETITION (McCue, Robin) (Entered: 05/14/2007)
2007-05-15 160 0 NOTICE of appeal by Republic Tobacco, L.P., Top Tobacco, L.P. regarding orders 150 , 151 ; Filing fee $455.00 paid; Receipt number 10647839. (cdh, ) (Entered: 05/17/2007)
2007-05-17 161 0 TRANSMITTED to the 7th Circuit the short record on notice of appeal 160 . Notified counsel (cdh, ) (Entered: 05/17/2007)
2007-05-17 162 0 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 160 ; USCA Case No. 07-2141 (hp, ) (Entered: 05/21/2007)
2007-05-25 163 0 DESIGNATION by Republic Tobacco, L.P., Top Tobacco, L.P. of record on appeal (Bergen, Charles) (Entered: 05/25/2007)
2007-05-29 164 0 MINUTE entry before Judge Matthew F. Kennelly :Motion for leave to file fee petition under seal 153 is denied. (or, ) (Entered: 05/29/2007)
2007-05-29 165 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for leave to file Plaintiffs' Opposition To Defendants' Prayer For Over $1.4 Million In Attorney Fees And Accompanying Exhibits Under Seal (Stonebraker, Robert) (Entered: 05/29/2007)
2007-05-29 166 0 NOTICE of Motion by Robert Davis Stonebraker for presentment of motion for leave to file 165 before Honorable Matthew F. Kennelly on 6/12/2007 at 09:30 AM. (Stonebraker, Robert) (Entered: 05/29/2007)
2007-05-29 167 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for leave to file Opposition To $1.4 Million Fee Petition In Excess of Fifteen Pages (Stonebraker, Robert) (Entered: 05/29/2007)
2007-05-29 168 0 NOTICE of Motion by Robert Davis Stonebraker for presentment of motion for leave to file 167 , motion for leave to file 165 before Honorable Matthew F. Kennelly on 6/12/2007 at 09:30 AM. (Stonebraker, Robert) (Entered: 05/29/2007)
2007-05-29 169 0 OPPOSITION by Plaintiffs to Defendants' prayer for over $1.4 million in attorney fees. (RESTRICTED) (Document Not Scanned). (vkd, ) (Entered: 05/30/2007)
2007-05-30 170 0 DESIGNATION by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of record on appeal : USCA Case No. 07-1244 (McCue, Robin) (Entered: 05/30/2007)
2007-05-30 171 0 APPENDIX Response 169 by Republic Tobacco, L.P., Top Tobacco, L.P. Of Unpublished Authorities Cited In Plaintiffs' Opposition To Defendant's Prayer For Over $1.4 Million In Attorney Fees (Stonebraker, Robert) (Entered: 05/30/2007)
2007-05-30 172 0 NOTICE by Republic Tobacco, L.P., Top Tobacco, L.P. re appendix 171 of Unpublished Authorities Cited In Plaintiffs' Opposition To Defendant's Prayer For Over $1.4 Million In Attorney Fees (Stonebraker, Robert) (Entered: 05/30/2007)
2007-06-08 173 0 MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to seal Prevailing Defendants' Reply Brief (McCue, Robin) (Entered: 06/08/2007)
2007-06-08 174 0 NOTICE of Motion by Robin Ann McCue for presentment of motion to seal 173 before Honorable Matthew F. Kennelly on 6/12/2007 at 09:30 AM. (McCue, Robin) (Entered: 06/08/2007)
2007-06-08 175 0 FEE PETITION REPLY with Exhitibs A-E by Defendant North Atlantic Operating Company, Inc. (Document not scanned.) (RESTRICTED) (hp, ) (Entered: 06/12/2007)
2007-06-13 176 0 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 160 (USCA no. 07-2141) consisting of one volume of pleadings and six vault items. (cdh, ) (Entered: 06/13/2007)
2007-06-13 177 0 USCA RECEIVED on 6/13/07 the long record regarding notice of appeal (07-2141). 160 (dj, ) (Entered: 06/15/2007)
2007-06-20 178 0 TRANSCRIPT of proceedings for the following dates: 4/6/2006, 4/18/2006, 4/25/2006, 5/11/2006, 6/1/2006, 11/7/2006, 2/6/2007; Before the Honorable Matthew F. Kennelly (Transcripts 1-7) (mb, ) (Entered: 06/21/2007)
2007-06-22 179 0 TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 160 (USCA no. 07-2141) consisting of 7 transcripts. (#doc 178-1 thru 178-7) (dj, ) (Entered: 06/22/2007)
2007-06-22 180 0 USCA RECEIVED on 6/22/07 the supplemental record regarding notice of appeal 160 (07-2141) (dj, ) (Entered: 06/25/2007)
2007-07-02 181 0 TRANSCRIPT of proceedings for the following dates: 06/12/07 before the Honorable Matthew F. Kennelly. (ar, ) (Entered: 07/03/2007)
2007-07-03 182 0 TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal 101 and 160 , (USCA nos. 07-1244 and 07-2141) consisting of one transcript 181 . (ar, ) (Entered: 07/03/2007)
2007-07-05 183 0 RESPONSE by Republic Tobacco, L.P., Top Tobacco, L.P.in Opposition to MOTION by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc.FEE PETITION 155 Plaintiffs' Opposition to Defendants' Prayer For Over $1.4 Million In Attorney Fees (Roeser, Peter) (Entered: 07/05/2007)
2007-07-05 184 0 APPENDIX response in opposition to motion, 183 by Republic Tobacco, L.P., Top Tobacco, L.P. Exhibits in Support of Plaintiffs' Opposition to Defendants' Prayer for Over 1.4 Million In Attorney Fees (Attachments: # 1 Exhibit Ex A Pt 1# 2 Exhibit Ex A Pt 2# 3 Exhibit Ex A Pt 3# 4 Exhibit Ex A Pt 4# 5 Exhibit Ex A Pt 5# 6 Exhibit Ex A Pt 6# 7 Exhibit Ex A Pt 7# 8 Exhibit Ex A Pt 8# 9 Exhibit Ex A Pt 9# 10 Exhibit Ex A Pt 10# 11 Exhibit Ex A Pt 11# 12 Exhibit Ex A Pt 12# 13 Exhibit Ex A Pt 13# 14 Exhibit Ex A Pt 14# 15 Exhibit Ex A Pt 15# 16 Exhibit Ex A Pt 16# 17 Exhibit Ex B Pt 1# 18 Exhibit Ex B Pt 2# 19 Exhibit Exhibits C through G# 20 Exhibit Exhibit H through R)(Roeser, Peter) (Entered: 07/05/2007)
2007-07-05 185 0 NOTICE by Republic Tobacco, L.P., Top Tobacco, L.P. re response in opposition to motion, 183 , appendix,, 184 Notice of Filing (Roeser, Peter) (Entered: 07/05/2007)
2007-07-03 186 0 USCA RECEIVED on 7/3/07 the Supplement to the record record regarding notice of appeal 160 . (mjc, ) (Entered: 07/09/2007)
2007-07-13 187 0 MOTION by Plaintiffs Republic Tobacco, L.P., Top Tobacco, L.P. for leave to file Motion for Leave To File Plaintiffs' Reply To North Atlantic's Recent Production of Previously Redacted Material Under Seal (Roeser, Peter) (Entered: 07/13/2007)
2007-07-13 188 0 Notice of Motion NOTICE of Motion by Peter S. Roeser for presentment of motion for leave to file 187 before Honorable Matthew F. Kennelly on 7/19/2007 at 09:30 AM. (Roeser, Peter) (Entered: 07/13/2007)
2007-07-13 189 0 REPLY by Plaintiffs to North Atlantic's Recent Production of Previously Redacted Material. (RESTRICTED) (rp, ) (Entered: 07/16/2007)
2007-07-18 190 0 RESPONSE by Defendants National Tobacco Company, L.P., North Atlantic Operating Company, Inc. to reply 189 re Unredacted Materials (Attachments: # 1 Exhibit Exhibits A-D)(McCue, Robin) (Entered: 07/18/2007)
2007-07-19 191 0 MINUTE entry before Judge Matthew F. Kennelly : Plaintiffs' motion for leave to file reply is granted. 187 Defendants' response to the motion will be treated as a sur-reply. No further briefing will be permitted. Mailed notice (hp, ) (Entered: 07/25/2007)
2007-08-09 192 0 LETTER from the USCA retaining the record on appeal in USCA no. 07-2141 consisting of one volume of pleadings, eight volumes of transcripts, and six in camera material. (td, ) (Entered: 08/13/2007)
2007-08-09 193 0 MANDATE of USCA dated 7/18/2007 regarding notice of appeal 160 ; USCA No. 07-2141. It is ordered that this appeal is dismissed for lack of jurisdiction. The order of the district court appealed from does not fix the amount of the award of attorneys' fees. Until the amount of fees is quantified, there is no final order appealable within the meaning of 28 U.S.C. Section 1291. When the district court enters such an order, the appellants must file a new notice of appeal. It is further ordered that the clek of this court shall return the record to the district court. (td, ) (Entered: 08/13/2007)
2007-08-28 194 0 MINUTE entry before Judge Matthew F. Kennelly : Defendant is directed to provide, by no later than 8/31/07, a summary document of the billing records previously that shows the following: 1) the Kirkland & Ellis time keepers on this case; 2) the total time per time keeper for which defendant seeks fees; 3) the rate charged by each time keeper; and 4) the total amount of fees per time keeper sought by defendant (in order words, no. 2 multiple by no. 3.Mailed notice (vcf, ) (Entered: 08/29/2007)
2007-08-31 195 0 NOTICE by all defendants of Filing Summary of Billing Records (Attachments: # 1 Exhibit Summary of Billing Records)(Gekas, Jami) (Entered: 08/31/2007)
2007-09-06 196 0 MINUTE entry before Judge Matthew F. Kennelly: For reasons set forth in the Memorandum Opinion and Order, the Court grants defendants' fee petition 155 in part. The Court awards defendants attorney's fees and expenses of $1,042,484.60. Mailed notice (tlm) (Entered: 09/10/2007)
2007-09-06 197 0 MEMORANDUM Opinion and Order signed by Judge Matthew F. Kennelly on 9/6/2007.Mailed notice (tlm) (Entered: 09/10/2007)
2007-10-05 198 0 NOTICE of appeal by Top Tobacco, L.P. and Republic Tobacco L.P. regarding orders 196 , 150 , 151 , 197 ; Filing fee $455.00 paid; Receipt number 10341858 (cdh, ) Modified on 10/9/2007 (cdh, ). (Entered: 10/09/2007)
2007-10-05 199 0 DOCKETING Statement by Republic Tobacco, L.P., Top Tobacco, L.P. regarding notice of appeal 198 (cdh, ) (Entered: 10/09/2007)
2007-10-09 200 0 TRANSMITTED to the 7th Circuit the short record on notice of appeal 198 . Notified counsel (cdh, ) (Entered: 10/09/2007)
2007-10-09 201 0 NOTICE of Appeal Due letter sent to counsel of record (cdh, ) (Entered: 10/09/2007)
2007-10-10 202 0 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 198 ; USCA Case No. 07-3433. (kw, ). (Entered: 10/11/2007)
2007-10-17 203 0 NOTICE of appeal by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. regarding orders 196 , 197 ; Filing fee $ 455 paid; Receipt number 1115174. (air, ) (Entered: 10/18/2007)
2007-10-18 204 0 TRANSMITTED to the 7th Circuit the short record on notice of appeal 203 . Notified counsel (air, ) (Entered: 10/18/2007)
2007-10-19 205 0 DESIGNATION by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. of record on appeal : USCA Case No. 07-3433 (McCue, Robin) (Entered: 10/19/2007)
2007-10-19 206 0 DESIGNATION by Republic Tobacco, L.P., Top Tobacco, L.P. of record on appeal : USCA Case No. 07-3433 (Bergen, Charles) (Entered: 10/19/2007)
2007-10-18 207 0 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 203 ; USCA Case No. 07-3524. (tlm) (Entered: 10/22/2007)
2007-10-29 208 0 SEVENTH CIRCUIT transcript information sheet (Document Not Scanned). (cdy, ) (Entered: 10/31/2007)
2007-11-02 209 0 SEVENTH CIRCUIT transcript information sheet. (Poor Quality Original-Paper Document on File) (gej, ) (Entered: 11/06/2007)
2007-10-17 210 0 DOCKETING Statement by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. regarding notice of appeal 203 . (Document previously misplaced.) (air, ) (Entered: 11/07/2007)
2007-11-07 211 0 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 203 (USCA no. 07-3524) consisting of three vol. of pleadings, four vol. of exhibits, four vaulted items and one loose pleading. (air, ) (Entered: 11/08/2007)
2007-11-07 212 0 USCA RECEIVED on 11/07/07 the original record on appeal record regarding notice of appeal 203 . (ar, ) (Entered: 11/09/2007)
2007-11-30 213 0 MINUTE entry before Judge Matthew F. Kennelly : The Clerk is directed to terminate motions 165, 167 and 173, which the Court previously ruled upon. Mailed notices (gcy, ) (Entered: 12/03/2007)
2007-12-19 214 0 LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-3433, 07-3524 consisting of In camera material (doc. #75). (gmr, ) (Entered: 12/26/2007)
2007-12-19 215 0 CERTIFIED copy of order dated 12/17/2007 from the Seventh Circuit regarding notice of appeal 203 , notice of appeal 198 ; Appellate case no. : 07-3433, 07-3524; It is Ordered that Appellees'/Cross-Appellants' motion to return two pages to the District Court and to maintain document 189 under seal, filed on 11/27/2007, by counsel for the defendants is Granted. (gmr, ) (Entered: 12/26/2007)
2007-12-28 216 0 LETTER from the USCA retaining the original record on appeal in USCA no. 07-1244 consisting of 5 volumes of pleadings, 8 volumes of transcripts, 11 in camera materials; Record being retained for use in Appeal No. 07-3433. (gmr, ) (Entered: 01/03/2008)
2007-12-28 217 0 MANDATE of USCA dated 12/4/07 regarding notice of appeal 101 ; USCA No. 07-1244; The judgment of the District Court is Affirmed, with costs, in accordance with the decision of this court entered on this date. (gmr, ) (Entered: 01/03/2008)
2007-12-28 218 0 OPINION from the USCA for the Seventh Circuit; Argued 11/8/2007; Decided 12/4/2007 in USCA case no. 07-1244. (Poor Quality Originial - Paper Document on File). (gmr, ) (Entered: 01/03/2008)
2008-01-03 219 0 LETTER from the USCA retaining the record on appeal in USCA nos. 07-3433, 07-3524; The record that was filed with this court in these causes will be returned at a later date. (gmr, ) (Entered: 01/08/2008)
2008-01-03 220 0 MANDATE of USCA dated 12/28/2007 regarding notice of appeal 203 , notice of appeal 198 ; USCA No. 07-3433, 07-3524; Upon consideration of the Motion to Dismiss filed by the parties on 12/21/07, It is Ordered that these causes are Dismissed, pursuant to Federal Rule of Appellate Procedure 42(b). (gmr, ) (Entered: 01/08/2008)
2008-01-11 221 0 LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-3433, 07-3524 consisting of eight volumes of pleadings, one volume of loose pleadings, eight volumes of transcripts, four volumes of exhibits and fourteen in camera material. (kjc, ) (Entered: 01/15/2008)
2008-01-30 222 0 TRANSCRIPT of proceedings for the following dates: 6/27/2006; Before the Honorable Matthew F. Kennelly. (Document not scanned). (gmr, ) (Entered: 01/31/2008)
2008-12-05 223 0 MINUTE entry before the Honorable Matthew F. Kennelly:The parties in this case are given to December 19, 2008 to remove all documents filed under seal with the Clerk of Court. Parties are to contact the Clerk of Court with respect to instructions on how to retrieve said documents. The Clerk of Court is given authority to destroy all under seal documents in his possession if they are not retrieved by the close of business December 19, 2008.Mailed notice (sct, ) (Entered: 12/05/2008)
2008-12-16 224 0 ACKNOWLEDGMENT of Receipt of Sealed Documents 75, 76, 77, 127, 146, 148, 169, 189 by Republic Tobacco, L.P., Top Tobacco, L.P. (ep, ) (Entered: 12/18/2008)
2008-12-17 225 0 ACKNOWLEDGMENT of Receipt of Sealed Documents 89, 90, 100, 155, 156, 157, 175 by National Tobacco Company, L.P., North Atlantic Operating Company, Inc. (ep, ) (Entered: 12/18/2008)