Case details

Court: insd
Docket #: 1:09-cv-01378
Case Name: NORWOOD PROMOTIONAL PRODUCTS, LLC v. KUSTOMKOOZIES, LLC et al
PACER case #: 25591
Date filed: 2009-11-03
Assigned to: Judge Jane Magnus-Stinson
Referred to: Magistrate Judge William G. Hussmann, Jr
Case Cause: 15:1051 Trademark Infringement
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
NORWOOD PROMOTIONAL PRODUCTS, LLC
Plaintiff
Erin C. Nave
TAFT STETTINIUS & HOLLISTER LLP One Indiana Square Suite 3500 Indianapolis, IN 46204 317-713-3548 Fax: 317-713-3699 Email: enave@taftlaw.com
ATTORNEY TO BE NOTICED

Gayle A. Reindl
TAFT STETTINIUS & HOLLISTER LLP One Indiana Square Suite 3500 Indianapolis, IN 46204 317-713-3500 Fax: 317-713-3699 Email: greindl@taftlaw.com
ATTORNEY TO BE NOTICED

Jonathan G. Polak
TAFT STETTINIUS & HOLLISTER LLP One Indiana Square Suite 3500 Indianapolis, IN 46204 (317) 713-3532 Fax: (317) 713-3699 Email: jpolak@taftlaw.com
ATTORNEY TO BE NOTICED

Tracy Nicole Betz
TAFT STETTINIUS & HOLLISTER LLP One Indiana Square Suite 3500 Indianapolis, IN 46204 (317) 713-3500 Fax: (317) 713-3699 Email: tbetz@taftlaw.com
ATTORNEY TO BE NOTICED

KUSTOMKOOZIES, LLC
Defendant
Craig Eldon Pinkus
BOSE MCKINNEY & EVANS, LLP 111 Monument Circle Suite 2700 Indianapolis, IN 46204 (317) 684-5358 Fax: (317) 223-0358 Email: cpinkus@boselaw.com
ATTORNEY TO BE NOTICED

J. Christopher Jackson
WOOD JACKSON PLLC 1330 St. Mary's Street, Suite 460 Raleigh, NC 27605 919-829-7394 Fax: 919-829-7396 Email: cjackson@woodjacksonlaw.com
ATTORNEY TO BE NOTICED

Oni N. Harton
BOSE MCKINNEY & EVANS, LLP 111 Monument Circle Suite 2700 Indianapolis, IN 46204 317-684-5458 Fax: 317-223-0458 Email: oharton@boselaw.com
ATTORNEY TO BE NOTICED

ROBERT LIDDLE
Defendant
Craig Eldon Pinkus
(See above for address)
ATTORNEY TO BE NOTICED

J. Christopher Jackson
(See above for address)
ATTORNEY TO BE NOTICED

Oni N. Harton
(See above for address)
ATTORNEY TO BE NOTICED

KUSTOMKOOZIES, LLC
Counter Claimant
Craig Eldon Pinkus
(See above for address)
ATTORNEY TO BE NOTICED

J. Christopher Jackson
(See above for address)
ATTORNEY TO BE NOTICED

ROBERT LIDDLE
Counter Claimant
Craig Eldon Pinkus
(See above for address)
ATTORNEY TO BE NOTICED

J. Christopher Jackson
(See above for address)
ATTORNEY TO BE NOTICED

NORWOOD PROMOTIONAL PRODUCTS, LLC
Counter Defendant
Erin C. Nave
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan G. Polak
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-11-03 1 0 Complaint COMPLAINT with Jury Demand filed by NORWOOD PROMOTIONAL PRODUCTS, LLC against KUSTOMKOOZIES, LLC, and STEVE LIDDLE. (Attachments: # 1 pages from kustomkoozies.com)(DH) (Entered: 11/04/2009)
1 1 pages from kustomkoozies.com
2009-11-03 2 0 Civil Cover Sheet CIVIL COVER SHEET filed by Plaintiff, NORWOOD PROMOTIONAL PRODUCTS, LLC. (DH) (Entered: 11/04/2009)
2009-11-03 3 0 Receipt RECEIPT #IP015380 in the amount of $350.00 for filing fee. (DH) (Entered: 11/04/2009)
2009-11-03 4 0 Summons Issued Summons Issued as to KUSTOMKOOZIES, LLC and STEVE LIDDLE. (DH) (Entered: 11/04/2009)
2009-11-03 5 0 Notice of Appearance NOTICE of Appearance by Keirian Antares Brown and Jonathan G. Polak on behalf of Plaintiff, NORWOOD PROMOTIONAL PRODUCTS, LLC. (DH) (Entered: 11/04/2009)
2009-11-03 6 0 Magistrate Judge's Notice of Availability to Exercise Jurisdiction MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DH) (Entered: 11/04/2009)
2009-11-03 7 0 Corporate Disclosure Statement Corporate Disclosure Statement by NORWOOD PROMOTIONAL PRODUCTS, LLC identifying Corporate Parent BIC USA, Inc. for NORWOOD PROMOTIONAL PRODUCTS, LLC. (DH) (Entered: 11/04/2009)
2009-11-05 8 0 Amended Complaint AMENDED COMPLAINT for Injunction and Damages against ROBERT LIDDLE, KUSTOMKOOZIES, LLC, filed by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit Examples of Product Infringement)(Polak, Jonathan) (Entered: 11/05/2009) 2011-10-03 08:36:26 98a082629a42dbce75d6126f4c3a20e1ec79e044
8 1 Exhibit Examples of Product Infringement
2009-11-05 9 0 Summons Issued Summons Issued as to ROBERT LIDDLE, KUSTOMKOOZIES, LLC. (TRG) (Entered: 11/06/2009)
2009-11-25 10 0 Notice of Appearance NOTICE of Appearance by Craig Eldon Pinkus on behalf of Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 11/25/2009)
2009-11-25 11 0 Notice of Appearance NOTICE of Appearance by Melinda R. Shapiro on behalf of Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Shapiro, Melinda) (Entered: 11/25/2009)
2009-11-30 12 0 Report - Patent and Trademark (AO Form 120) NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Complaint for Injunction and Damages, # 2 Pages from kustomkoozie.com) (TRG) (Entered: 11/30/2009)
2009-11-30 13 0 Report - Patent and Trademark (AO Form 120) NOTICE of Amended Complaint in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Amended Complaint for Injunction and Damages, # 2 Exhibit Examples of Product Infringement) (TRG) (Entered: 11/30/2009)
2009-11-30 14 0 Corporate Disclosure Statement Corporate Disclosure Statement by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Shapiro, Melinda) (Entered: 11/30/2009)
2009-12-17 15 0 Notice (Other) NOTICE of Enlargement of Time, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, re 8 Amended Complaint. (Shapiro, Melinda) (Entered: 12/17/2009)
2010-01-14 16 0 Motion for Extension of Time Second MOTION for Extension of Time to 2-8-2010 in which to 8 Amended Complaint, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Shapiro, Melinda) (Entered: 01/14/2010)
2010-01-19 17 0 Order on Motion for Extension of Time to File ORDER granting 16 Motion for Extension of Time to File. Defendants' response to Plaintiff's Amended Complaint for Damages is due on or before February 8, 2010. Signed by Judge Larry J. McKinney on 1/19/2010. (TRG) (Entered: 01/19/2010)
2010-02-03 18 0 Motion for Extension of Time MOTION for Extension of Time to March 10, 2010 in which to 8 Amended Complaint, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order Proposed Order)(Shapiro, Melinda) (Entered: 02/03/2010)
2010-02-04 19 0 Order on Motion for Extension of Time to File ORDER granting defts' 18 Motion for Extension of Time to File response to amended complaint to 3/10/2010. Signed by Judge Jane Magnus-Stinson on 2/4/2010. (SWM) (Entered: 02/05/2010)
2010-03-10 20 0 Answer to Amended Complaint Defendants' ANSWER to 8 Amended Complaint and, COUNTERCLAIM against NORWOOD PROMOTIONAL PRODUCTS, LLC, filed by KUSTOMKOOZIES, LLC, ROBERT LIDDLE.(Pinkus, Craig) (Entered: 03/10/2010) 2011-10-03 08:39:25 c3ddf9f345c9866324eb3e85dd5db246f887ee23
2010-03-11 21 0 Scheduling Order ENTRY regarding CMP and Initial Pretrial Conference. SCHEDULING ORDER: Initial Pretrial Conference set for 5/7/2010 03:00 PM in room #361 before Judge Jane Magnus-Stinson. The CMP is due no later than 7 days prior to the iptc (see Entry for other details). Signed by Judge Jane Magnus-Stinson on 3/11/2010.(SWM) (Entered: 03/11/2010)
2010-03-15 22 0 Report - Patent and Trademark (AO Form 120) NOTICE of Cross Bill or Other Pleading in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer to Plaintiff's Complaint and Counterclaim) (TRG) (Entered: 03/15/2010)
2010-04-02 23 0 Answer to Counterclaim ANSWER and Affirmative Defenses to 20 Defendants' Counterclaim, filed by NORWOOD PROMOTIONAL PRODUCTS, LLC.(Brown, Keirian) Modified on 4/5/2010 (TRG). (Entered: 04/02/2010) 2011-10-03 08:42:58 6fb7b02b8321e3e5675e5c75b958f162461d1ee5
2010-04-05 24 0 Report - Patent and Trademark (AO Form 120) NOTICE of Answer in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer and Affirmative Defenses to Defendants' Counterclaim) (TRG) (Entered: 04/05/2010)
2010-04-16 25 0 Notice of Appearance NOTICE of Appearance by Robert D. Davis, Jr on behalf of Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 04/16/2010)
2010-04-20 26 0 Case Management Plan Tendered by CASE MANAGEMENT PLAN TENDERED, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 04/20/2010)
2010-05-03 27 0 Notice of Service of Initial Disclosures NOTICE of Service of Initial Disclosures, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, STEVE LIDDLE. (Davis, Robert) (Entered: 05/03/2010)
2010-05-04 28 0 Notice of Withdrawal of Appearance NOTICE of Withdrawal of Appearance by Melinda R. Shapiro on behalf of KUSTOMKOOZIES, LLC, ROBERT LIDDLE (Shapiro, Melinda) (Entered: 05/04/2010)
2010-05-05 29 0 Order ENTRY approving 28 Notice of Withdrawal of Appearance filed by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. Attorney Melinda R. Shapiro terminated. Signed by Judge Larry J. McKinney on 5/5/2010. (Marginal Notation)(TRG) (Entered: 05/05/2010)
2010-05-07 30 0 Pretrial Conference - Initial Minute Entry for proceedings held before Judge Jane Magnus-Stinson: Initial Pretrial Conference held on 5/7/2010. Discovery, settlement and related matters were discussed, and as a result of this conference the following Entry is made pursuant to Rule 16(d) of the Federal Rules of Civil Procedure. CMP approved as amended. Telephonic status conference set for August 12, 2010 at 1:00 p.m. to discuss case status and scheduling settlement conference. Counsel to call the court at the number provided. (SWM) (Entered: 05/10/2010)
2010-05-10 31 0 Order: Case Management ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. See Order for particulars. Signed by Judge Jane Magnus-Stinson on 5/10/2010.(LBK) (Entered: 05/11/2010)
2010-05-17 32 0 Witness List Witness List (Preliminary), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC, Exhibit List (Preliminary), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 05/17/2010)
2010-06-01 33 0 Witness List Witness List (Preliminary), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, Exhibit List (Preliminary), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 06/01/2010)
2010-06-16 34 0 JMS Reassignment Letter - DJ and MJ Reassignment of Case to Judge Jane Magnus-Stinson and Magistrate Judge William G. Hussmann, Jr. Judge Magnus-Stinson is now assigned as the presiding (Article III) judge in this matter, and a new magistrate judge has been assigned to the case. Please include the new case number (1:09-cv-01378-JMS-WGH), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD) (Entered: 06/16/2010)
2010-07-21 35 0 Scheduling Order NOTICE and ORDER: Status Conference set for 8/12/2010 is RESET for 8/11/2010 03:00 PM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 7/21/2010.(NRN) (Entered: 07/21/2010)
2010-08-16 36 0 Status Conference Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Status Conference held on 8/11/2010. Settlement Conference set for 10/28/2010 09:00 AM in room #353, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge William G. Hussmann, Jr. (NRN) (Entered: 08/17/2010)
2010-08-19 37 0 Scheduling Order TRIAL SETTING AND NOTICE OF FINAL PRETRIAL CONFERENCE - Final Pretrial Conference set for 8/25/2011 at 10:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 9/19/2011 at 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan [dkt. 31]. Counsel are further reminded to review the undersigned's Practices and Procedures, available on the internet at http://www.insd.uscourts.gov/Publications/CourtroomProceduresJMS.pdf. Signed by Judge Jane Magnus-Stinson on 8/19/2010.(LBK) (Entered: 08/19/2010)
2010-08-19 38 0 Procedures and Practices PROCEDURES AND PRACTICES before Judge Jane Magnus-Stinson. (LBK) (Entered: 08/19/2010)
2010-09-13 39 0 Motion for Protective Order Joint MOTION for Protective Order, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, STEVE LIDDLE, Counter Claimants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC, Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Joint Agreed Protective Order)(Brown, Keirian) (Entered: 09/13/2010)
2010-09-14 40 0 Motion for Continuance Unopposed MOTION for Continuance of Settlement Conference, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) (Entered: 09/14/2010)
2010-09-15 41 0 Order on Motion for Protective Order ORDER granting 39 Motion for Protective Order. Signed by Magistrate Judge William G. Hussmann, Jr on 9/15/2010. (SMD) (Entered: 09/15/2010)
2010-09-16 42 0 Order on Motion for Continuance ORDER granting 40 Motion for Continuance. Settlement Conference set for 10/28/2010 is RESCHEDULED for 12/16/2010 08:30 AM in room #353, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 9/16/2010. (NRN) (Entered: 09/16/2010)
2010-09-30 43 0 Motion for Extension of Time Joint MOTION for Extension of Time to 01/14/2011 NON-WITNESS DISCOVERY AND DISCOVERY RELATING TO LIABILITY ISSUES, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, STEVE LIDDLE, Counter Claimants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC, Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) (Entered: 09/30/2010)
2010-10-04 44 0 Order on Motion for Extension of Time to File ORDER granting 43 Motion for Extension of Time to File non-expert witness discovery and discovery relating to liability issues to 1/14/2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 10/4/2010. (NRN) (Entered: 10/04/2010)
2010-10-28 45 0 SEALED Document SEALED Memorandum in Support of Motion for Partial Summary Judgment, filed by Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Cover Sheet for Sealed Document Cover Sheet for Sealed Memorandum, # 2 Exhibit A - Decl. of J. Cade, # 3 Exhibit A-1 - 2005 North Carolina Action Complaint, # 4 Exhibit A-2 - 2005 Indiana Action Complaint, # 5 Exhibit A-3 - 2005 Indiana Action Countercl., # 6 Exhibit A-4 - Confidential Settlement Agreement, # 7 Exhibit A-5 - License Agreement, # 8 Exhibit A-6 - Indiana Action Dismissal, # 9 Exhibit A-7 - North Carolina Action Dismissal, # 10 Exhibit A-8 Part1 - Norwood Bankruptcy Order, # 11 Exhibit A-8 Part 2 - Norwood Bankruptcy Order, # 12 Exhibit A-9 - Koozie Registration Certificate)(Brown, Keirian) (Entered: 10/28/2010)
2010-10-28 46 0 Motion to Seal a Document First MOTION to Seal Document 45 SEALED Document Memorandum in Support of Motion for Partial Summary Judgment, filed by Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order to File Memorandum Under Seal)(Brown, Keirian) (Entered: 10/28/2010)
2010-10-28 47 0 Motion for Partial Summary Judgment First MOTION for Partial Summary Judgment on Defendant's Counterclaims, filed by Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion for Partial Summary Judgment)(Brown, Keirian) (Entered: 10/28/2010)
2010-10-28 48 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims (REDACTED), filed by Counter Defendant NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A - Decl. of J. Cade, # 2 Exhibit A-1 - 2005 North Carolina Action Complaint, # 3 Exhibit A-2 - 2005 Indiana Action Complaint, # 4 Exhibit A-3 - 2005 Indiana Action Countercl., # 5 Exhibit A-4 - Confidential Settlement Agreement (REDACTED), # 6 Exhibit A-5 - License Agreement (REDACTED), # 7 Exhibit A-6 - Indiana Action Dismissal, # 8 Exhibit A-7 - North Carolina Action Dismissal, # 9 Exhibit A-8 Part 1 - Norwood Bankruptcy Order, # 10 Exhibit A-8 Part 2 - Norwood Bankruptcy Order, # 11 Exhibit A-9 - Koozie Registration Certificate)(Brown, Keirian) (Entered: 10/28/2010)
2010-11-01 49 0 Order on Motion to Seal Document ORDER granting 46 Motion to Seal Document 45 SEALED Memorandum. Signed by Magistrate Judge William G. Hussmann, Jr., on 11/1/2010. (NRN) (Entered: 11/01/2010)
2010-11-15 50 0 Motion for Extension of Time MOTION for Extension of Time to April 1, 2011 for Plaintiff's Expert Witness Disclosure, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Extend Expert Witness Deadlines)(Brown, Keirian) (Entered: 11/15/2010)
2010-11-22 51 0 Notice (Other) NOTICE of Consent to Motion to Extend Deadlines for Expert Witness Disclosures, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, STEVE LIDDLE (Davis, Robert) (Entered: 11/22/2010)
2010-12-01 52 0 Motion for ExTime to File Response MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 12/01/2010)
2010-12-01 53 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 12/01/2010)
2010-12-01 54 0 Declaration DECLARATION of Craig Pinkus in Support of Motion for Extension of Time and for Summary Judgment Discovery by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 1 - 10-11-10 C Pinkus email to K Brown, # 2 Exhibit 2 - Plaintiff's Answers to Defendants' First Set of Interrogatories, # 3 Exhibit 3 - Plaintiff's Responses to Defendants' First Set of Requests for Admission, # 4 Exhibit 4 - Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents, # 5 Exhibit 5 - 11-21-10 C Pinkus email to J Polak re Norwood discovery responses LR 37.1, # 6 Exhibit 6 - 11-22-10 C Pinkus email to J Polak re Joe Cade deposition, # 7 Exhibit 7 - 11-29-10 C Pinkus email to J Polak re deposition timing, # 8 Exhibit 8 - 11-29-10 J Polak email to C Pinkus re denial of extension, # 9 Exhibit 9 - 11-29-10 J Polak email to C Pinkus re Cade deposition, # 10 Exhibit 10 - 12-1-2010 Letter to C. Pinkus re cease and desist infringement)(Pinkus, Craig) (Entered: 12/01/2010)
2010-12-02 55 0 Order on Motion for Extension of Time to File ORDER granting 50 Motion for Extension of Time to File expert witness disclosures to 4/1/2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 12/2/2010. (NRN) (Entered: 12/02/2010)
2010-12-18 56 0 MJD Reassignment Letter Reassignment of Case to Magistrate Judge Mark J. Dinsmore. Magistrate Judge William G. Hussmann, Jr no longer assigned to the case. Please include the new case number (1:09-cv-1378-JMS-MJD), which includes the initials of the newly assigned judge, on all future filings in this matter. (JD) (Entered: 12/18/2010)
2010-12-20 57 0 Motion for ExTime to File Response MOTION for Extension of Time to 12/23/2010 to file response to 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Extend)(Brown, Keirian) (Entered: 12/20/2010)
2010-12-21 58 0 Response in Opposition to Motion RESPONSE in Opposition re 57 MOTION for Extension of Time to 12/23/2010 to file response to 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, STEVE LIDDLE. (Davis, Robert) (Entered: 12/21/2010)
2010-12-21 59 0 Order on Motion for Extension of Time to File Response ORDER granting 57 Motion for Extension of Time to 12/23/2010 to File Response re 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims. Signed by Judge Jane Magnus-Stinson on 12/21/2010. (LBK) (Entered: 12/21/2010)
2010-12-23 60 0 Settlement Conference Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr: Settlement Conference held on 12/16/2010. (SMD) (Entered: 12/23/2010)
2010-12-23 61 0 SEALED Response to Motion ***SEALED PURSUANT TO 63 ORDER SEALING*** RESPONSE re 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Cover Sheet for Sealed Document, # 2 Exhibit Exhibit A - Noncompliance Letter, # 3 Exhibit Exhibit B - Excerpts from KustomKoozies, LLC's 30(b)(6) Deposition, # 4 Exhibit Exhibit C - Termination Letter)(Brown, Keirian) Modified on 12/29/2010 (JD). (Entered: 12/23/2010)
2010-12-23 62 0 Motion to Seal a Document MOTION to Seal Document 61 SEALED Response to Motion for Extension of Time and Discovery Under Rule 56(d), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Proposed Order to Seal)(Brown, Keirian) (Entered: 12/23/2010)
2010-12-28 63 0 Order on Motion to Seal Document ORDER granting 62 Motion to Seal Document 61 RESPONSE re 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment. Plaintiff shall file a redacted version of the document for the court's public record, as required in the protective order issued by the court on September 15, 2010 (dkt 41, paragraph 14). Signed by Magistrate Judge Mark J. Dinsmore on 12/28/2010. (JD) (Entered: 12/29/2010)
2010-12-30 64 0 Response in Opposition to Motion REDACTED DOCUMENT - 61 RESPONSE in Opposition re 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d) REDACTED, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A - Noncompliance Letter, # 2 Exhibit B - Kustomkoozie 30(b)(6) Deposition Transcript Redacted, # 3 Exhibit C - Termination Letter)(Brown, Keirian) Modified on 1/3/2011 (LBK). (Entered: 12/30/2010)
2011-01-03 65 0 Submission of Signature Requirement Submission of Signature Requirement re 64 Response in Opposition to Motion by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit Exhibit A - Noncompliance Letter, # 2 Exhibit Exhibit B - Kustomkoozie 30(b)(6) Deposition Transcript Redacted, # 3 Exhibit Exhibit C - Termination Letter)(Brown, Keirian) (Entered: 01/03/2011)
2011-01-03 66 0 Reply in Support of Motion REPLY in Support of Motion re 52 MOTION for Extension of Time to to file response to 47 First MOTION for Partial Summary Judgment on Defendant's Counterclaims and for Discovery Under Rule 56(d), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 1 - 12-17-10 Kustoms detailed Rule 37.1 letter to Norwood, # 2 Exhibit 2 - 12-23-10 Norwoods email response to the Rule 37.1 letter, # 3 Exhibit 3 - 12-23-10 Kustoms email response informing Norwood that its email was both untimely and in contravention to Judge Hussmanns directive at the settlement conference, # 4 Exhibit 4 - 7-30-08 Kustoms response providing the requested outline, # 5 Exhibit 5 - Deposition of Robert Liddle)(Davis, Robert) (Entered: 01/03/2011)
2011-01-06 67 0 Order on Motion for Partial Summary Judgment ORDER - For the reasons discussed herein, the Court GRANTS Defendants' Rule 56 (d) motion, [dkt. 52] and DENIES AS PREMATURE Norwood's motion for partial summary judgment, [dkt. 47]. Norwood's discovery objections relating to its pending motion for summary judgment are OVERRULED. If the parties cannot reach agreement about the validity of Norwood's other current discovery objections, Defendants should move to compel no later than January 12, 2011. To ensure that Defendants have sufficient time to obtain their discovery responses and prepare for summary judgment, the current fact and liability discovery-cutoff is extended from January 14, 2011 to February 14, 2011. Further, any future motion for summary judgment must be filed no earlier than February 15, 2011 and no later than March 7, 2011. Other dates in the case management plan may only be extended by order of Court. Signed by Judge Jane Magnus-Stinson on 1/6/2011.(LBK) (Entered: 01/06/2011) 2011-10-03 08:48:20 5a3d8c0fc8cb9c3748fbf2593598b4b294eab31b
2011-01-12 68 0 Motion to Compel MOTION to Compel, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 01/12/2011)
2011-01-12 69 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 68 MOTION to Compel, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 1 - Jon Polak letter re discovery conference 1-12-11)(Davis, Robert) (Entered: 01/12/2011)
2011-01-12 70 0 Notice (Other) NOTICE - Local Rule 37.1 Certification, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE (Davis, Robert) (Entered: 01/12/2011)
2011-01-12 71 0 Motion (Other) MOTION to Expedite Briefing on Defendants' Motion to Compel, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order Setting Expedited Briefing Schedule on Defendants Motion to Compel)(Davis, Robert) (Entered: 01/12/2011)
2011-01-14 72 0 Reassignment Letter (Recusal/Related Case/Workload/Other) Reassignment of Case to Magistrate Judge William G. Hussmann, Jr. Magistrate Judge Mark J. Dinsmore no longer assigned to the case. Please include the new case number, 1:09-cv-1378-JMS-WGH, on all future filings in this matter. Motions referred to William G. Hussmann, Jr.(WJC) (Entered: 01/14/2011)
2011-01-18 73 0 Response in Opposition to Motion RESPONSE in Opposition re 71 MOTION to Expedite Briefing on Defendants' Motion to Compel, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A - Email dated 1/13/2011 to C. Pinkus, # 2 Exhibit B - Letter dated 1/12/2011 to C. Pinkus, # 3 Exhibit C - Letter and Supplemental Discovery Responses dated 1/17/2011 to C. Pinkus)(Polak, Jonathan) (Entered: 01/18/2011)
2011-01-20 74 0 Order on Motion MARGINAL ENTRY denying 71 Motion to Expedite. Howeve, a Status Conference is set for 1/26/2011 03:00 PM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 1/20/2011.(NRN) (Entered: 01/21/2011)
2011-01-24 75 0 Motion for ExTime to File Response Unopposed MOTION for Extension of Time to February 8, 2011 to file response to 68 MOTION to Compel, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 01/24/2011)
2011-01-24 76 0 Motion (Other) Joint MOTION To Reset Status Conference, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE, Counter Claimant KUSTOMKOOZIES, LLC. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 01/24/2011)
2011-01-25 77 0 Order on Motion for Extension of Time to File Response ORDER granting 75 Motion for Extension of Time to File Response to 2/8/2011 re 68 MOTION to Compel. Signed by Magistrate Judge William G. Hussmann, Jr., on 1/25/2011. (NRN) (Entered: 01/25/2011)
2011-01-26 78 0 Order on Motion ORDER granting 76 Motion to Reset Conference. Status Conference set for 1/26/2011 is CONTINUED to 2/1/2011 03:00 PM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 1/26/2011.(NRN) (Entered: 01/26/2011)
2011-01-26 79 0 SEALED Document SEALED Memorandum in Support of Plaintiff's Motion for Leave to File Second Amended Complaint, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit Exhibit A - Proposed Second Amended Complaint, # 2 Cover Sheet for Sealed Document)(Brown, Keirian) (Entered: 01/26/2011)
2011-01-26 80 0 Motion to Seal a Document MOTION to Seal Document 79 SEALED Document Memorandum in Support of Plaintiff's Motion for Leave to File Second Amended Complaint Under Seal, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 01/26/2011)
2011-01-26 81 0 Motion for Leave to File ***WITHDRAWN PER 86 ORDER***MOTION for Leave to File Plaintiff's Second Amended Complaint, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) Modified on 1/31/2011 (NRN). (Entered: 01/26/2011)
2011-01-26 82 0 Redacted Document REDACTION to 79 SEALED Document Memorandum in Support of Plaintiff's Motion for Leave to File Second Amended Complaint by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 01/26/2011)
2011-01-28 83 0 Motion for Leave to File MOTION for Leave to File Second Amended Complalint, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) (Entered: 01/28/2011)
2011-01-28 84 0 Motion to Withdraw MOTION to Withdraw 81 MOTION for Leave to File Plaintiff's Second Amended Complaint, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) (Entered: 01/28/2011)
2011-01-31 85 0 Submission of Signature Requirement Submission of Signature Requirement re 83 MOTION for Leave to File Second Amended Complalint by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 01/31/2011)
2011-01-31 86 0 Order on Motion for Leave to File ORDER granting 84 Motion to Withdraw 81 Motion for Leave to File. Signed by Magistrate Judge William G. Hussmann, Jr., on 1/31/2011. (NRN) (Entered: 01/31/2011)
2011-02-04 87 0 Status Conference Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Status Conference held on 2/1/2011. Motion Hearing on 68 Motion to Compel set for 2/25/2011 10:00 AM in room #246, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge William G. Hussmann, Jr. See order for other details. (NRN) (Entered: 02/04/2011)
2011-02-14 88 0 Response in Opposition to Motion RESPONSE in Opposition re 83 MOTION for Leave to File Second Amended Complalint, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit July 2, 2010 email with Defendants' Interrogatory responses, # 2 Exhibit Defendants' Interrogatory Responses, # 3 Exhibit October 19, 2010 email to Norwood's counsel)(Pinkus, Craig) (Entered: 02/14/2011)
2011-02-16 89 0 Response in Opposition to Motion RESPONSE in Opposition re 68 MOTION to Compel, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A-Supplemental Responses to Requests for Admission, # 2 Exhibit B - Supplemental Responses to Interrogatories, # 3 Exhibit C-February 16th Letter)(Polak, Jonathan) Modified on 2/17/2011 (LBK). (Entered: 02/16/2011)
2011-02-24 90 0 Notice of Appearance NOTICE of Appearance by Erin C. Nave on behalf of Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Nave, Erin) (Entered: 02/24/2011)
2011-02-24 91 0 Motion to Dismiss MOTION to Dismiss Counts II and V of Amended Complaint With Prejudice, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order Granting Motion to Dismiss Counts II and V With Prejudice)(Nave, Erin) (Entered: 02/24/2011)
91 1
2011-02-24 92 0 Reply in Support of Motion REPLY in Support of Motion re 83 MOTION for Leave to File Second Amended Complalint, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Nave, Erin) (Entered: 02/24/2011)
2011-02-24 93 0 Reply in Support of Motion REPLY in Support of Motion re 68 MOTION to Compel filed by Defendants KustomKoozies LLC and Robert Liddle, filed by Defendant ROBERT LIDDLE. (Pinkus, Craig) (Entered: 02/24/2011)
2011-02-24 94 0 Reply in Support of Motion REPLY in Support of Motion re 68 MOTION to Compel, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit Exhibit 1 Norwood Supplier Letter, # 2 Exhibit Exhibit 2 NC Sec State Webpage, # 3 Exhibit Exhibit 3 Kustom Feb 22 Letter, # 4 Exhibit Exhibit 4 Norwood E-mail Agreeing to ESI Production, # 5 Exhibit Exhibit 5 Craig Pinkus Feb 10 E-mail)(Pinkus, Craig) (Entered: 02/24/2011)
2011-02-25 95 0 Motion for Summary Judgment MOTION for Summary Judgment (Partial) That Defendants May Not Challenge Plaintiff's Trademark, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 02/25/2011)
2011-02-25 96 0 SEALED Document SEALED Brief in Support of Plaintiff's Motion for Partial Summary Judgment that Defendants May Not Challenge Plaintiff's Trademark, re 95 Motion for Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Declaration of Joseph W. Cade, # 3 Exhibit A-1 - Complaint in North Carolina Action, # 4 Exhibit A-2 - Answer in North Carolina Action, # 5 Exhibit A-3 - Reply to Counterclaim in North Carolina Action, # 6 Exhibit A-4 - Complaint in Indiana Action, # 7 Exhibit A-5 - Amended Complaint in Indiana Action, # 8 Exhibit A-6 - Answer in Indiana Action, # 9 Exhibit A-7 - Confidential Settlement Agreement, # 10 Exhibit A-8 - License Agreement, # 11 Exhibit A-9 - Order on Stipulation of Dismissal in Indiana Action, # 12 Exhibit A-10 - Order on Stipulation of Dismissal in North Carolina Action, # 13 Exhibit A-11 - Registration Certificate for KOOZIE, # 14 Exhibit A-12 - 11/3/09 Letter From J. Polak to KustomKoozies, # 15 Exhibit B - Declaration of Amy Wright, # 16 Exhibit B-1 - 5/6/08 Letter from A. Wright to R. Liddle, # 17 Exhibit C - Excerpts from Rule 30(b)(6) Deposition of KustomKoozies LLC, # 18 Exhibit D - Defendants' Answers to Plaintiff's Interrogatory Nos. 2, 6 and 7, # 19 Cover Sheet for Sealed Document)(Polak, Jonathan) (Entered: 02/25/2011)
2011-02-25 97 0 Redacted Document REDACTION to 96 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment that Defendants May Not Challenge Plaintiff's Trademark by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Declaration of Joseph W. Cade, # 3 Exhibit A-1 - Complaint in North Carolina Action, # 4 Exhibit A-2 - Answer in North Carolina Action, # 5 Exhibit A-3 - Reply to Counterclaim in North Carolina Action, # 6 Exhibit A-4 - Complaint in Indiana Action, # 7 Exhibit A-5 - Amended Complaint in Indiana Action, # 8 Exhibit A-6 - Answer in Indiana Action, # 9 Exhibit A-7 - Confidential Settlement Agreement-REDACTED, # 10 Exhibit A-8 - License Agreement-REDACTED, # 11 Exhibit A-9 - Order on Stipulation of Dismissal in Indiana Action, # 12 Exhibit A-10 - Order on Stipulation of Dismissal in North Carolina Action, # 13 Exhibit A-11 - Registration Certificate for KOOZIE, # 14 Exhibit A-12 - 11/3/09 Letter From J. Polak to KustomKoozies, # 15 Exhibit B - Declaration of Amy Wright, # 16 Exhibit B-1 - 5/6/08 Letter from A. Wright to R. Liddle, # 17 Exhibit C - Excerpts from Rule 30(b)(6) Deposition of KustomKoozies LLC-REDACTED, # 18 Exhibit D - Defendants' Answers to Plaintiff's Interrogatory Nos. 2, 6 and 7)(Polak, Jonathan) (Entered: 02/25/2011)
2011-02-25 98 0 Motion to Seal a Document MOTION to Seal Document 96 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment that Defendants May Not Challenge Plaintiff's Trademark, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 02/25/2011)
2011-02-25 99 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 68 MOTION to Compel Supplemental Brief after February 25 hearing, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit Norwood Supplemental Disclosures)(Pinkus, Craig) (Entered: 02/25/2011)
2011-02-28 100 0 Stipulation STIPULATION Regarding Lost Profits and Corrective Advertising Damages, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 02/28/2011)
2011-02-28 101 0 Response in Opposition to Motion RESPONSE in Opposition re 68 MOTION to Compel - Supplemental Brief on RFP 30, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 02/28/2011)
2011-03-01 102 0 Order on Motion to Seal Document ORDER granting 98 Motion to Seal Document 96 SEALED Brief in Support of Motion for Partial Summary Judgment. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/1/2011. (NRN) (Entered: 03/01/2011)
2011-03-07 103 0 Motion for Summary Judgment MOTION for Summary Judgment (Partial) That Defendants Breached Contracts and Infringed Plaintiff's Trademark, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 03/07/2011)
2011-03-07 104 0 SEALED Document SEALED Brief in Support, re 103 Motion for Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Declaration of Joseph W. Cade, # 3 Exhibit A-1 - License Agreement by and between Old Norwood, # 4 Exhibit A-2 - Confidential Settlement Agreement by and between KustomKoozies,, # 5 Exhibit A-3 - Registration Certificate for KOOZIE, # 6 Exhibit A-4 - November 3, 2009 Letter from Jonathan Polak to KustomKoozies, LLC, # 7 Exhibit B - Excerpts from the Rule 30(b)(6) Deposition of KustomKoozies, LLC, # 8 Exhibit C - Defendants Answers to Plaintiffs Interrogatory Nos. 2, 6 and 7, # 9 Exhibit Exhibit D - Declaration of Keirian A. Brown, # 10 Exhibit D-1 - Documents on Kustoms website on November 1, 2006, # 11 Exhibit D-2 - Documents on Kustoms website on February 4, 2007, # 12 Exhibit D-3 - Documents on Kustoms website on May 9, 2007, # 13 Exhibit D-4 - Documents on Kustoms website on August 23, 2007, # 14 Exhibit D-5 - Documents on Kustoms website on January 4, 2008, # 15 Exhibit D-6 - Documents on Kustoms website on March 2, 2008, # 16 Exhibit D-7 - Documents on Kustoms website on June 24, 2008, # 17 Exhibit D-8 - Documents on Kustoms website on September 13, 2008, # 18 Exhibit D-9 - Documents on Kustoms website on December 6, 2008, # 19 Exhibit D-10 - Documents on Kustoms website on January 1, 2009, # 20 Exhibit D-11 - Documents on Kustoms website on March 7, 2009, # 21 Exhibit D-12 - Documents on Kustoms website on April 19, 2009, # 22 Exhibit D-13 - Documents on Kustoms www.kustomkooziesonline.com website, # 23 Exhibit D-14 - Documents on Kustoms www.rcckoozies.com website, # 24 Exhibit D-15 - Documents on Kustoms www.can-huggers.com website, # 25 Exhibit D-16 - Documents on Kustoms www.cheapbeerkoozies.com website, # 26 Exhibit D-17 - Documents on Kustoms www.kustomkoolies.com website, # 27 Exhibit D-18 - Documents on Kustoms www.printedkoozies.com website, # 28 Exhibit E - Second Declaration of Amy L. Wright, # 29 Exhibit E-1 - May 6, 2008 Letter from Amy L. Wright to Robert Liddle, # 30 Exhibit F - Exhibits 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, and 25 to the, # 31 Cover Sheet for Sealed Document)(Polak, Jonathan) (Entered: 03/07/2011)
2011-03-07 105 0 Redacted Document REDACTION to 104 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment That Defendants Breached Contracts and Infringed Plaintiff's Trademark by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Declaration of Joseph W. Cade, # 3 Exhibit A-1 - License Agreement by and between Old Norwood (REDACTED), # 4 Exhibit A-2 - Confidential Settlement Agreement by and between KustomKoozies, LLC, Robert Liddle, and Norwood Promotional Products, Inc.(REDACTED), # 5 Exhibit A-3 - Registration Certificate for KOOZIE, # 6 Exhibit A-4 - November 3, 2009 Letter from Jonathan Polak to KustomKoozies, LLC, # 7 Exhibit B - Excerpts from the Rule 30(b)(6) Deposition of KustomKoozies, LLC (REDACTED), # 8 Exhibit C - Defendants Answers to Plaintiffs Interrogatory Nos. 2, 6 and 7, # 9 Exhibit D - Declaration of Keirian A. Brown, # 10 Exhibit D-1 - Documents on Kustoms website on November 1, 2006, # 11 Exhibit D-2 - Documents on Kustoms website on February 4, 2007, # 12 Exhibit D-3 - Documents on Kustoms website on May 9, 2007, # 13 Exhibit D-4 - Documents on Kustoms website on August 23, 2007, # 14 Exhibit D-5 - Documents on Kustoms website on January 4, 2008, # 15 Exhibit D-6 - Documents on Kustoms website on March 2, 2008, # 16 Exhibit D-7 - Documents on Kustoms website on June 24, 2008, # 17 Exhibit D-8 - Documents on Kustoms website on September 13, 2008, # 18 Exhibit D-9 - Documents on Kustoms website on December 6, 2008, # 19 Exhibit D-10 - Documents on Kustoms website on January 1, 2009, # 20 Exhibit D-11 - Documents on Kustoms website on March 7, 2009, # 21 Exhibit D-12 - Documents on Kustoms website on April 19, 2009, # 22 Exhibit D-13 - Documents on Kustoms www.kustomkooziesonline.com website, # 23 Exhibit D-14 - Documents on Kustoms www.rcckoozies.com website, # 24 Exhibit D-15 - Documents on Kustoms www.can-huggers.com website, # 25 Exhibit D-16 - Documents on Kustoms www.cheapbeerkoozies.com website, # 26 Exhibit D-17 - Documents on Kustoms www.kustomkoolies.com website, # 27 Exhibit D-18 - Documents on Kustoms www.printedkoozies.com website, # 28 Exhibit E - Second Declaration of Amy L. Wright, # 29 Exhibit E-1 - May 6, 2008 Letter from Amy L. Wright to Robert Liddle, # 30 Exhibit F - Exhibits 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, and 25 to the)(Polak, Jonathan) (Entered: 03/07/2011)
2011-03-07 106 0 Motion to Seal a Document MOTION to Seal Document 104 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment That Defendants Breached Contracts and Infringed Plaintiff's Trademark, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 03/07/2011)
2011-03-07 107 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 68 MOTION to Compel Response to Declaration of Tammy Wiard, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 03/07/2011)
2011-03-07 108 0 SEALED Document SEALED Exhibits to Response to Declaration of Tammy Wiard, re 107 Brief/Memorandum in Support of Motion, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit Sealed Exh 1 - BIC record retention schedule, # 2 Exhibit Sealed Exh 2 - Norwood Indianapolis move record retention policy, # 3 Exhibit Sealed Exh 3 - Norwood San Antonio move record retention policy)(Davis, Robert) (Entered: 03/07/2011)
2011-03-07 109 0 Motion to Seal a Document MOTION to Seal Document 108 SEALED Document Exhibits to Response to Declaration of Tammy Wiard, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order)(Davis, Robert) (Entered: 03/07/2011)
2011-03-08 110 0 Motion Hearing Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Motion Hearing held on 2/25/2011 re 68 MOTION to Compel filed by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. Defendants' counsel was allowed ten (10) days to respond to a tendered Affidavit. An order on the pending motion will follow. (NRN) (Entered: 03/08/2011)
2011-03-08 111 0 Order on Motion for Summary Judgment ORDER. For the reasons discussed herein, the Court DENIES WITHOUT PREJUDICE Plaintiff's pending motions for partial summary judgment. [Dkt. 95; dkt. 103.] The Court ORDERS Plaintiff to re-file within ten days a single motion for partial summary judgment, which abides by the page limit set forth in Local Rule 7.1. Defendants' response obligations are STAYED pending the re-filing of the motion. Finally, the Court DENIES AS MOOT Plaintiffs' pending motion to seal. [Dkt. 106.] Signed by Judge Jane Magnus-Stinson on 3/8/2011. (LBK) (Entered: 03/08/2011)
2011-03-10 112 0 Submission Submission of Plaintiff's Reply to Defendant's Response 107 to Declaration of Tammy Wiard, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 03/10/2011)
2011-03-11 113 0 Motion for Partial Summary Judgment *** STRICKEN PER ORDER DATED 4/11/11*** MOTION for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) Modified on 4/11/2011 (LBK). (Entered: 03/11/2011)
2011-03-11 114 0 SEALED Document SEALED Brief in Support of Plaintiff's Motion for Partial Summary Judgment, re 113 Motion for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A - Second Declaration of Joseph W. Cade, # 2 Exhibit A-1 - License Agreement by and between Old Norwood, # 3 Exhibit A-2 - Confidential Settlement Agreement by and between KustomKoozies, Robert Liddle, and Norwood, # 4 Exhibit A-3 - Registration Certificate for KOOZIE, # 5 Exhibit A-4 - November 3, 2009 Letter from Jonathan Polak to KustomKoozies, LLC, # 6 Exhibit B - Excerpts from the Rule 30(b)(6) Deposition of KustomKoozies, LLC, # 7 Exhibit C - Defendants Answers to Plaintiffs Interrogatory Nos. 2, 6 and 7, # 8 Exhibit D - Declaration of Keirian A. Brown, # 9 Exhibit D-1 - Documents on Kustoms website on November 1, 2006, # 10 Exhibit D-2 - Documents on Kustoms website on February 4, 2007, # 11 Exhibit D-3 - Documents on Kustoms website on May 9, 2007, # 12 Exhibit D-4 - Documents on Kustoms website on August 23, 2007, # 13 Exhibit D-5 - Documents on Kustoms website on January 4, 2008, # 14 Exhibit D-6 - Documents on Kustoms website on March 2, 2008, # 15 Exhibit D-7 - Documents on Kustoms website on June 24, 2008, # 16 Exhibit D-8 - Documents on Kustoms website on September 13, 2008, # 17 Exhibit D-9 - Documents on Kustoms website on December 6, 2008, # 18 Exhibit D-10 - Documents on Kustoms website on January 1, 2009, # 19 Exhibit D-11 - Documents on Kustoms website on March 7, 2009, # 20 Exhibit D-12 - Documents on Kustoms website on April 19, 2009, # 21 Exhibit D-13 - Documents on Kustoms www.kustomkooziesonline.com website, # 22 Exhibit D-14 - Documents on Kustoms www.rcckoozies.com website, # 23 Exhibit D-15 - Documents on Kustoms www.can-huggers.com website, # 24 Exhibit D-16 - Documents on Kustoms www.cheapbeerkoozies.com website, # 25 Exhibit D-17 - Documents on Kustoms www.kustomkoolies.com website, # 26 Exhibit D-18 - Documents on Kustoms www.printedkoozies.com website, # 27 Exhibit E - Second Declaration of Amy L. Wright, # 28 Exhibit E-1 - May 6, 2008 Letter from Amy L. Wright to Robert Liddle, # 29 Exhibit F - Exhibits 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, and 25 to the Rule 30(b)(6) Deposition of KustomKoozies, LLC, # 30 Appendix, # 31 Cover Sheet for Sealed Document)(Polak, Jonathan) (Entered: 03/11/2011)
2011-03-11 115 0 Motion to Seal a Document MOTION to Seal Document 114 SEALED Document, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 03/11/2011)
2011-03-11 116 0 Redacted Document REDACTION to 114 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Second Declaration of Joseph W. Cade, # 3 Exhibit A-1 - License Agreement by and between Old Norwood (REDACTED), # 4 Exhibit A-2 - Confidential Settlement Agreement by and between KustomKoozies, Robert Liddle, and Norwood (REDACTED), # 5 Exhibit A-3 - Registration Certificate for KOOZIE, # 6 Exhibit A-4 - November 3, 2009 Letter from Jonathan Polak to KustomKoozies, LLC, # 7 Exhibit B - Excerpts from the Rule 30(b)(6) Deposition of KustomKoozies, LLC (REDACTED), # 8 Exhibit C - Defendants Answers to Plaintiffs Interrogatory Nos. 2, 6 and 7, # 9 Exhibit D - Declaration of Keirian A. Brown, # 10 Exhibit D-1 - Documents on Kustoms website on November 1, 2006, # 11 Cover Sheet for Sealed Document D-2 - Documents on Kustoms website on February 4, 2007, # 12 Exhibit D-3 - Documents on Kustoms website on May 9, 2007, # 13 Exhibit D-4 - Documents on Kustoms website on August 23, 2007, # 14 Exhibit D-5 - Documents on Kustoms website on January 4, 2008, # 15 Exhibit D-6 - Documents on Kustoms website on March 2, 2008, # 16 Exhibit D-7 - Documents on Kustoms website on June 24, 2008, # 17 Exhibit D-8 - Documents on Kustoms website on September 13, 2008, # 18 Exhibit D-9 - Documents on Kustoms website on December 6, 2008, # 19 Exhibit D-10 - Documents on Kustoms website on January 1, 2009, # 20 Exhibit D-11 - Documents on Kustoms website on March 7, 2009, # 21 Exhibit D-12 - Documents on Kustoms website on April 19, 2009, # 22 Exhibit D-13 - Documents on Kustoms www.kustomkooziesonline.com websit, # 23 Exhibit D-14 - Documents on Kustoms www.rcckoozies.com website, # 24 Exhibit D-15 - Documents on Kustoms www.can-huggers.com website, # 25 Exhibit D-16 - Documents on Kustoms www.cheapbeerkoozies.com website, # 26 Exhibit D-17 - Documents on Kustoms www.kustomkoolies.com website, # 27 Exhibit D-18 - Documents on Kustoms www.printedkoozies.com website, # 28 Exhibit E - Second Declaration of Amy L. Wright, # 29 Exhibit E-1 - May 6, 2008 Letter from Amy L. Wright to Robert Liddle, # 30 Exhibit F - Exhibits 9, 10, 11, 13, 14, 15, 16, 17, 18, 20, 21, 22, 23, 24, and 25 to the Rule 30(b)(6) Deposition of KustomKoozies, LLC)(Polak, Jonathan) (Entered: 03/11/2011)
2011-03-11 117 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 68 MOTION to Compel Response to Declaration of Tammy Wiard, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 03/11/2011)
2011-03-16 118 0 Order on Motion to Seal Document ORDER granting 115 Motion to Seal Document 114 Brief. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/16/2011. (NRN) (Entered: 03/16/2011)
2011-03-17 119 0 Order on Motion to Dismiss ORDER granting 91 Plaintiff's Motion to Dismiss Counts II and V of its Amended Complaint. Counts II and V of Plaintiff's Amended Complaint are dismissed with prejudice. Signed by Judge Jane Magnus-Stinson on 3/17/2011. (LBK) (Entered: 03/17/2011)
2011-03-17 120 0 Order on Motion to Seal Document ORDER granting 109 Motion to Seal Document 108 SEALED Document. A redacted version of the Response must be filed pursuant to Federal Rules of Civil Procedure 5.2(d). Signed by Magistrate Judge William G. Hussmann, Jr., on 3/17/2011. (NRN) (Entered: 03/17/2011)
2011-03-18 121 0 Redacted Document REDACTION to 108 SEALED Document Response to Declaration of Tammy Wiard by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit Redacted Exh 1 - BIC record retention schedule, # 2 Exhibit Redacted Exh 2 - Norwood Indianapolis move record retention policy, # 3 Exhibit Redacted Exh 3 - Norwood San Antonio move record retention policy)(Davis, Robert) (Entered: 03/18/2011)
2011-03-18 122 0 Order on Motion to Compel ORDER granting in part and denying in part 68 Motion to Compel. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/18/2011. (NRN) (Entered: 03/18/2011) 2011-10-03 08:51:34 3bacc8d06e7ca131ff157a0aad301f54ab288ce0
2011-03-25 123 0 Motion for Extension of Time MOTION for Extension of Time to May 31, 2011 and July 1, 2011 of Deadlines for Expert Witness Disclosures, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 03/25/2011)
2011-03-29 124 0 Order on Motion for Extension of Time to File ORDER granting 123 Motion for Extension of Time to File Expert Witness Disclosures to May 31, 2011 and July 1, 2011. Signed by Magistrate Judge William G. Hussmann, Jr., on 3/29/2011. (NRN) (Entered: 03/29/2011)
2011-04-04 125 0 Order on Motion to Seal Document ORDER denying 80 Motion to Seal Document ; granting 83 Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge William G. Hussmann, Jr., on 4/4/2011. (NRN) (Entered: 04/04/2011)
2011-04-08 126 0 Motion to Strike MOTION to Strike 113 MOTION for Partial Summary Judgment as Moot, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 04/08/2011)
2011-04-11 127 0 Order on Motion to Strike MARGINAL ENTRY granting 126 Motion to Strike 113 Plaintiff's MOTION for Partial Summary Judgment. Motion for Partial Summary Judgment [dkt. 113] is hereby stricken. The parties are ordered to meet and confer and present a revised CMP detailing the additional discovery and case preparation necessary to complete trial preparation, addressing the newly added allegations in Plaintiff's Amended Complaint by April 25, 2011. The Clerk is directed to enter Dkt. 79-1 as Plaintiff's Second Amended Complaint. Issued by Judge Jane Magnus-Stinson on 4/11/2011. (LBK) (Entered: 04/11/2011)
2011-04-11 128 0 Amended Complaint PLAINTIFF'S SECOND AMENDED COMPLAINT FOR INJUNCTION AND DAMAGES against Defendants.(LBK) (Entered: 04/11/2011) 2011-10-03 08:53:19 41057c411a91b25871739bb109904b2ccb0af5a0
2011-04-18 129 0 Answer to Amended Complaint Defendants' ANSWER to 128 Amended Complaint , Affirmative Defenses and, COUNTERCLAIM to Plaintiff's Second Amended Complaint against NORWOOD PROMOTIONAL PRODUCTS, LLC, filed by KUSTOMKOOZIES, LLC, ROBERT LIDDLE.(Pinkus, Craig) (Entered: 04/18/2011) 2011-10-03 08:54:24 fc3233f429d992ea3402af5585247b979ae3fe3a
2011-04-25 130 0 Report REPORT ON EXTENSION OF CASE MANAGEMENT PLAN DEADLINES by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A-March 1 Letter to Bose, # 2 Exhibit B-March 7 Email to Bose, # 3 Exhibit C-March 14 Letter to Bose, # 4 Exhibit D-March 11 Email to Bose, # 5 Exhibit E-March 14 Email from Bose, # 6 Exhibit F-March 18 Email from Bose, # 7 Exhibit G-March 25 Email to Bose, # 8 Exhibit H-April 1 Letter from Bose, # 9 Exhibit I-April 13 Letter to Bose, # 10 Exhibit J-April 21 Letter to Bose)(Polak, Jonathan) Modified to correct double wording in docket text on 4/26/2011 (LBK). (Entered: 04/25/2011)
2011-04-26 131 0 Submission Submission Defendant's Response to Plaintiff's Report on Extension of Case Management Plan Deadlines (Doc. #130), filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) Modified to link on 4/27/2011 (LBK). (Entered: 04/26/2011)
2011-04-27 132 0 Submission Submission Reply in Support of Plaintiff's Report on Case Management Deadlines, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit I - 4/21/11 Letter to Bose regarding discovery issues)(Polak, Jonathan) (Entered: 04/27/2011)
2011-04-27 133 0 Motion for Leave to File MOTION for Leave to File Surreply to Plaintiff's Reply in Support of Plaintiff's Report on Case Management Deadlines, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 1 to Defendants' Motion (Proposed Defendants' Surreply), # 2 Exhibit 2 to Defendants' Motion (Proposed Order)(Davis, Robert) Modified on 4/28/2011 (LBK). (Entered: 04/27/2011)
2011-05-11 134 0 Answer to Counterclaim Plaintiff's ANSWER to 129 Answer to Amended ComplaintCounterclaim, filed by NORWOOD PROMOTIONAL PRODUCTS, LLC.(Brown, Keirian) (Entered: 05/11/2011)
2011-05-13 135 0 Order on Motion for Leave to File ORDER granting 133 Motion for Leave to File Surreply within five business days of the date of this order. Signed by Magistrate Judge William G. Hussmann, Jr., on 5/13/2011. (NRN) (Entered: 05/13/2011)
2011-05-13 136 0 Response to Motion (Unopposed) RESPONSE to Motion for Leave to File Surreply to Plaintiff's Reply in Support of Plaintiff's Report on Case Management Deadlines, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 05/13/2011)
2011-05-18 137 0 Scheduling Order MARGINAL ENTRY - The court adopts the deadlines requested by the plaintiff in the 130 Report. Status Conference set for 7/6/2011 12:30 PM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 5/18/2011.(NRN) (Entered: 05/18/2011)
2011-05-18 138 0 Motion to Appear pro hac vice MOTION for Attorney(s) J. Christopher Jackson to Appear pro hac vice., filed by KUSTOMKOOZIES, LLC, and ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order, # 2 Receipt for $30 for PHV fee)(LBK) (Entered: 05/19/2011)
2011-05-19 139 0 Submission Submission Defendants' Surreply to Plaintiff's Reply in Support of Plaintiff's Report on Case Management Deadlines, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Davis, Robert) (Entered: 05/19/2011)
2011-05-20 140 0 Order on Motion to Appear pro hac vice ORDER granting 138 Motion to Appear pro hac vice. Attorney J. Christopher Jackson for KUSTOMKOOZIES, LLC, and ROBERT LIDDLE added. Signed by Magistrate Judge William G. Hussmann, Jr., on 5/20/2011. (NRN) (Entered: 05/20/2011)
2011-05-24 141 0 Motion for Leave to File Excess Pages MOTION for Leave to File Excess Pages - 40 Page Brief in Support of Its Motion for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 05/24/2011)
2011-05-24 142 0 Notice of Appearance NOTICE of Appearance by Joel T. Nagle on behalf of Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Nagle, Joel) (Entered: 05/24/2011)
2011-05-25 143 0 Order on Motion for Leave to File Excess Pages ORDER granting 141 Motion for Leave to File 40 Page Brief in Support of Motion for Partial Summary Judgment. The Court notes that no additional motions for summary judgment, full or partial, may befiled by Norwood. Signed by Judge Jane Magnus-Stinson on 5/25/2011. (LBK) (Entered: 05/25/2011)
2011-05-27 144 0 Notice of Withdrawal of Appearance NOTICE of Withdrawal of Appearance by Robert D. Davis, Jr. on behalf of KUSTOMKOOZIES, LLC, ROBERT LIDDLE (Davis, Robert) (Entered: 05/27/2011)
2011-05-31 145 0 Entry ENTRY approving Notice of Withdrawal of Appearance. Robert D. Davis, Jr. withdrawn. Issued by Judge Jane Magnus-Stinson on 5/31/2011.(LBK) (Entered: 05/31/2011)
2011-06-02 146 0 Scheduling Order ORDER RESETTING TRIAL AND FINAL PRETRIAL CONFERENCE - Final Pretrial Conference reset for 2/16/2012 at 01:00 PM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial reset for 3/12/2012 at 09:00 AM in room #307, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan. Counsel are further reminded to review the undersigned's Practices and Procedures, available on the internet at http://www.insd.uscourts.gov/Publications/CourtroomProceduresJMS.pdf. Signed by Judge Jane Magnus-Stinson on 6/2/2011.(LBK) (Entered: 06/02/2011)
2011-06-03 147 0 Motion for Partial Summary Judgment MOTION for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Appendix, # 2 Exhibit A - Third Declaration of Joseph Cade, # 3 Exhibit A-1 - Settlement Agreement, # 4 Exhibit A-2 - Kustom Executed License, # 5 Exhibit A-3 - KOOZIE Registration Certificate, # 6 Exhibit A-4 - Termination Letter, # 7 Exhibit A-5 - Koozie Assignments, # 8 Exhibit C - Answers to Plaintiff's Interrogatories, # 9 Exhibit D - Second Declaration of Keirian Brown, # 10 Exhibit D-1 - Unauthorized use of Koozie mark from the Wayback Machine, # 11 Exhibit D-2 - Registry Data for koozie domain names, # 12 Exhibit D-3 - 2006-11-1 kustomkoozies.com Wayback Page, # 13 Exhibit D-4 - 2007-2-4 kustomkoozies.com Wayback Page, # 14 Exhibit D-5 - 2007-5-9 kustomkoozies.com Wayback Page, # 15 Exhibit D-6 - 2007-8-23 kustomkoozies.com Wayback Page, # 16 Exhibit D-7 - 2008-1-4 kustomkoozies.com Wayback Page, # 17 Exhibit D-8 - 2008-3-2 kustomkoozies.com Wayback Page, # 18 Exhibit D-9 - 2008-6-24 kustomkoozies.com Wayback Page, # 19 Exhibit D-10 - 2008-9-13 kustomkoozies.com Wayback Page, # 20 Exhibit D-11 - 2008-12-6 kustomkoozies.com Wayback Page, # 21 Exhibit D-12 - 2009-1-1 kustomkoozies.com Wayback Page, # 22 Exhibit D-13 - 2009-3-7 kustomkoozies.com Wayback Page, # 23 Exhibit D-14 - 2009-4-19 kustomkoozies.com Wayback Page, # 24 Exhibit D-15 - 2010-4-20 kustomkooziesonline.com, # 25 Exhibit D-16 - 2011-3-4 rcckoozies.com, # 26 Exhibit D-17 - 2011-3-3 can-huggers.com, # 27 Exhibit D-18 - 2011-3-3 cheapbeerkoozies.com, # 28 Exhibit D-19 - 2011-3-3 kustomkoolies.com, # 29 Exhibit D-20 - 2011-3-3 printedkoozies.com, # 30 Exhibit F - Declaration of Amy Wright, # 31 Exhibit F-1 - May 6 letter)(Polak, Jonathan) (Entered: 06/03/2011)
2011-06-03 148 0 SEALED Document SEALED Exhibits in Support, re 147 Motion for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit B - Excerpts from the deposition of KustomKoozies, # 2 Exhibit E - Excerpts from the deposition of Charles Hassell, # 3 Exhibit G - Exhibits to deposition of KustomKoozies)(Polak, Jonathan) (Entered: 06/03/2011)
2011-06-03 149 0 SEALED Document SEALED Brief in Support, re 147 Motion for Partial Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Cover Sheet for Sealed Document)(Polak, Jonathan) (Entered: 06/03/2011)
2011-06-03 150 0 Motion to Seal a Document MOTION to Seal Document 148 SEALED Document, 149 SEALED Document, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 06/03/2011)
2011-06-07 151 0 Order on Motion to Seal Document ORDER granting 150 Motion to Seal Document 148 SEALED Document, 149 SEALED Document. Signed by Magistrate Judge William G. Hussmann, Jr., on 6/7/2011. (NRN) (Entered: 06/07/2011)
2011-06-10 152 0 Redacted Document REDACTION to 149 SEALED Document Brief in Support of Plaintiff's Motion for Partial Summary Judgment by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 06/10/2011)
2011-06-10 153 0 Redacted Document REDACTION to 148 SEALED Document Exhibits in Support of Plaintiff's Motion for Partial Summary Judgment by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Brown, Keirian) (Entered: 06/10/2011)
2011-06-22 154 0 Entry ENTRY - On June 22, 2011, the parties jointly telephoned the Court pursuant to Local Rule 37.3 to resolve an objection raised during a deposition. For the reasons stated on the record, the Court overruled the objection and ordered the witness to answer the question presented to the Court for ruling. Signed by Judge Jane Magnus-Stinson on 6/22/2011.(LBK) (Entered: 06/22/2011)
2011-06-29 155 0 Motion for Extension of Time to File Response/Reply CONSENT Motion for Extension of Time to Respond to Plaintiff's Motion for Partial Summary Judgment by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension)(Pinkus, Craig) Modified on 6/30/2011 (MRI). Modified on 6/30/2011 (MAC). (Entered: 06/29/2011)
2011-06-29 156 0 Motion for Continuance Unopposed MOTION to Reset Status Conference Hearing, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) Modified on 6/30/2011 (NRN). (Entered: 06/29/2011)
2011-06-30 157 0 Order on Motion for Extension of Time to File Response/Reply ORDER granting 155 Motion for Extension of Time to File Response re 147 MOTION for Partial Summary Judgment Response due by 7/15/2011. Signed by Judge Jane Magnus-Stinson on 6/30/2011. (MRI) (Entered: 06/30/2011)
2011-06-30 158 0 Order on Motion for Continuance ORDER granting 156 Motion for Continuance. Status Conference set for 7/6/2011 is CONTINUED to 7/11/2011 04:30 PM Telephonic before Magistrate Judge William G. Hussmann, Jr. Signed by Magistrate Judge William G. Hussmann, Jr., on 6/30/2011.(NRN) (Entered: 06/30/2011)
2011-07-05 159 0 Notice of Appearance NOTICE of Appearance by Oni N. Harton on behalf of Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Harton, Oni) (Entered: 07/05/2011)
2011-07-05 160 0 Notice of Withdrawal of Appearance NOTICE of Withdrawal of Appearance by Joel T. Nagle on behalf of KUSTOMKOOZIES, LLC, ROBERT LIDDLE (Nagle, Joel) (Entered: 07/05/2011)
2011-07-15 161 0 Status Conference Minute Entry for proceedings held before Magistrate Judge William G. Hussmann, Jr.: Status Conference held on 7/11/2011. Status Conference set for 11/16/2011 09:30 AM Telephonic before Magistrate Judge William G. Hussmann, Jr. On or before August 4, 2011, the parties are to send to the Magistrate Judge, and without exchange, a statement of whether they are willing to engage in an in-person settlement conference under the direction of the Magistrate Judge in Indianapolis, and if so, the approximate date by which such a conference should be completed. (NRN) (Entered: 07/15/2011)
2011-07-15 162 0 Motion for Summary Judgment Cross MOTION for Summary Judgment, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 163 0 Brief/Memorandum in Support of Motion BRIEF/MEMORANDUM in Support re 162 Cross MOTION for Summary Judgment, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 164 0 Appendix APPENDIX to Cross-Motion for Summary Judgment by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 1 - Declaration of Robert Liddle, # 2 Exhibit 1A - 2008 emails with Norwood's lawyers, # 3 Exhibit 1B Advertisement for BPong Beer, # 4 Exhibit 1C - Advertisement for BYU Cougars Can Koozie, # 5 Exhibit 1D - Article Fan Can Hand: Huge Can Koosie Hand, # 6 Exhibit 1E - Advertisement for Koozie Can & Bottle, # 7 Exhibit 1F - Webpage showing a Driver Can Koozie, # 8 Exhibit 1G - Article Local Company Manufactures official Super Bowl Koozies, # 9 Exhibit 1H - Article Universities License Custom Koozies, # 10 Exhibit 1I - Advertisement for Gemmy LED LIghted Koozie, # 11 Exhibit 1J - Article Best Father's Day Ever, # 12 Exhibit 1K - Beer Bandolier order)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 165 0 Appendix APPENDIX re 164 Appendix (Part 2) by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 2 - Confidential Settlement Agreement, # 2 Exhibit 3 - License Agreement, # 3 Exhibit 5 - May 6, 2008 Amy Wright letter, # 4 Exhibit 6 - Certified File Wrapper of Registration, # 5 Exhibit 6A - Part 2, # 6 Exhibit 6B - Part 3, # 7 Exhibit 6C - Part 4, # 8 Exhibit 6D - Part 5)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 166 0 Appendix APPENDIX re 164 Appendix (Part 3) by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 7 - Declaration of Melody Schulz, # 2 Exhibit 7A - Advertisement from Custom Inc. Website, # 3 Exhibit 7B - Advertisement from Kooziez Website, # 4 Exhibit 7C - Advertisement from Koozie Guy website, # 5 Exhibit 7D - Advertisement from the Totally Wedding Koozies website, # 6 Exhibit 7E - Adertisement from Blank Koozies website, # 7 Exhibit 7F - Advertisement from Beerkoozies website, # 8 Exhibit 7G - Advertisement from Rush King Promotions, # 9 Exhibit 7H - Advertisement from Kolder Pittsburgh Panthers, # 10 Exhibit 7I - LTD Commodities website, # 11 Exhibit 7J - Definition of koozie from Wordnik, # 12 Exhibit 7K - Definition of koozie from Wiktionary, # 13 Exhibit 7L - Definition of koozie from OneLook, # 14 Exhibit 7M - Definition of koozie from Urban Dictionary, # 15 Exhibit 7N - Definition of koozie from Word Stash, # 16 Exhibit 7O - Article from eHow Who Invented Koozie, # 17 Exhibit 7P - Article Smithsonian - Science in Public Interest, # 18 Exhibit 7Q - Page 1 of Google search on koozie, # 19 Exhibit 7R - About Norwood-Company Overview, # 20 Exhibit 7S - Email between Cris Piquinela at Curtis and Norwood, # 21 Exhibit 7T - Motion Dismiss Norwood v. JB Originals, # 22 Exhibit 7U - Webpage for koozie.com domain, # 23 Exhibit 7V - Whois results for koozie.com from direct NIC)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 167 0 Appendix APPENDIX re 164 Appendix (Part 4) by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 8 - Deposition of Heather Fleener, # 2 Exhibit 9 - Certified File Wrapper Reg. 3,240,989, # 3 Exhibit 9A - Part 2, # 4 Exhibit 9B - Part 3, # 5 Exhibit 9C - Part 4, # 6 Exhibit 9D - Part 5, # 7 Exhibit 10 Declaration of Megan Mulford, # 8 Exhibit 10A - Opposition No. 91196683, # 9 Exhibit 10B - Opposition No. 91198169, # 10 Exhibit 10C - Opposition No. 91195386, # 11 Exhibit 10D - Cancellation No. 92052223, # 12 Exhibit 10E - Response to Motion to Suspend Cancellation 92052223)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 168 0 Appendix APPENDIX re 164 Appendix (Part 5) by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 11 - Declaration of Michael Bartol, # 2 Exhibit 11A - U.S. Patent 5,909,821, # 3 Exhibit 11B - U.s. Patent 6,457,616, # 4 Exhibit 11C - U.S. Patent 6,655,543, # 5 Exhibit 11D - U.S. Patent 6,859,943, # 6 Exhibit 11E - U.S. Patent 7,111,753, # 7 Exhibit 11F - U.S. Patent 7,228,987, # 8 Exhibit 11G - U.S. Publication 2205-0279751, # 9 Exhibit 11H - U.S. Publication 2007-0068944, # 10 Exhibit 11I - U.S. Publication 2008/041400, # 11 Exhibit 11J - U.S. Publication 2008-0164269, # 12 Exhibit 11K - U.S. Publication 2010-0078451)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 169 0 Appendix APPENDIX re 164 Appendix (Part 6) by KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 12 - Deposition excerpts of Robert Liddle 11/16/2010, # 2 Exhibit 13 - Deposition excerpts of Robert Hassel 4/19/2011, # 3 Exhibit 14 - Deposition excerpts of Amy Wright 6/21/2011, # 4 Exhibit 15 - Deposition exerpts of Joseph Cade 6/17/2011, # 5 Exhibit 16 - Declaration of Robert Davis, Jr., # 6 Exhibit 16A - NOR-ESI000056, # 7 Exhibit 16B - NOR-ESI000063, # 8 Exhibit 16C - NOR-ESI000068, # 9 Exhibit 16D - NOR-ESI000429, # 10 Exhibit 16E - NOR-ESI000707, # 11 Exhibit 17 - Plaintiffs 1st Suppl. Resp. Defendants 1st Request for Admission)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 170 0 SEALED Document SEALED Declaration of Melody Schulz, Ex. F to Appendix, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 4A Joseph Cade Depo Excerpts, # 2 Exhibit 4B - Robert Liddle Depo Excerpts, # 3 Exhibit 4C - Settlement/License Agreement, # 4 Exhibit 4D - Excerpts from Asset Purchase Agreement, # 5 Exhibit 4E - Webpage 1, # 6 Exhibit 4F - Webpage 2)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-15 171 0 Motion to Seal a Document MOTION to Seal Document 170 SEALED Document, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Text of Proposed Order)(Pinkus, Craig) (Entered: 07/15/2011)
2011-07-18 172 0 Order on Motion to Seal Document ORDER granting 171 Motion to Seal Document 170 SEALED Document. Signed by Magistrate Judge William G. Hussmann, Jr., on 7/18/2011. (NRN) (Entered: 07/18/2011)
2011-07-20 173 0 Entry CORRECTING ENTRY - A TELEPHONIC STATUS CONFERENCE is set for WEDNESDAY, NOVEMBER 16, 2011, at 9:30 a.m., Indianapolis time (EST), before the Magistrate Judge. Signed by Magistrate Judge William G. Hussmann, Jr., on 7/20/2011.(NRN) (Entered: 07/20/2011)
2011-08-10 174 0 Order ORDER re 161 Minute Entry - Within 10 days of the date of this entry, counsel for Norwood Promotional Products is directed to advise the Magistrate Judge whether Mr. Paillot is willing to meet with the court and counsel upon his next visit to the United States. If so, the Magistrate Judge will make himself available to conduct an in-person settlement conference in Indianapolis or New Albany, Indiana. Signed by Magistrate Judge William G. Hussmann, Jr., on 8/10/2011.(NRN) (Entered: 08/10/2011)
2011-08-10 175 0 Motion for ExTime to File Response Consent MOTION for Extension of Time to 08/29/2011 to file response to 162 Cross MOTION for Summary Judgment and Defendants to Reply (to 9/23/2011), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Brown, Keirian) (Entered: 08/10/2011)
2011-08-11 176 0 Order on Motion for Extension of Time to File Response ORDER granting Consent 175 Motion for Extension of Time. The deadline for Plaintiff to respond is extended to 8/29/2011 and the deadline for Defendants' to reply in support is extended to 9/23/2011 re 162 Cross MOTION for Summary Judgment. Signed by Judge Jane Magnus-Stinson on 8/11/2011. (MAC) (Entered: 08/11/2011)
2011-08-15 177 0 Motion to Withdraw Attorney Appearance MOTION to Withdraw as Attorney Keirian A. Brown, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 08/15/2011)
2011-08-16 178 0 Order on Motion to Withdraw Attorney Appearance ORDER granting 177 Motion to Withdraw as Attorney. Attorney Keirian Antares Brown withdrawn. Signed by Magistrate Judge William G. Hussmann, Jr., on 8/16/2011. (NRN) (Entered: 08/16/2011)
2011-08-29 180 0 Motion to Seal a Document MOTION to Seal Document 179 SEALED Reply in support of Motion for Partial Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 08/29/2011)
2011-08-29 181 0 Redacted Document REDACTION to 179 SEALED Reply in support of Motion for Partial Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment by NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 08/29/2011)
2011-08-29 182 0 Appendix of Exhibits in Support Appendix of Exhibits in Support of Reply in Support of Motion re 147 MOTION for Partial Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment (Appendix 1 of 2), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit Declaration of Melinda J. Mears, # 2 Exhibit H-1 - Webpage dated November 1, 2006, # 3 Exhibit H-2 - Webpage dated February 4,2007, # 4 Exhibit H-3 - Webpage dated May 9, 2007, # 5 Exhibit H-4 - Webpage dated August 23, 2007, # 6 Exhibit H-5 - Webpage dated January 4, 2008, # 7 Exhibit H-6 - Webpage dated March 2, 2008, # 8 Exhibit Declaration of Erin C. Nave, # 9 Exhibit I-1 - Photograph of a Norwood product bearing the KOOZIE mark, # 10 Exhibit I-2 - Photograph of a Norwood product bearing the KOOZIE mark, # 11 Exhibit I-3 - Photograph of a Norwood product bearing the KOOZIE mark, # 12 Exhibit I-4 - Photograph of a Norwood product bearing the KOOZIE mark, # 13 Exhibit I-5 - Photograph of a Norwood product bearing the KOOZIE mark, # 14 Exhibit I-6 - Photograph of a Norwood product bearing the KOOZIE mark, # 15 Exhibit I-7 - Photograph of a Norwood product bearing the KOOZIE mark, # 16 Exhibit I-8 - Photograph of a Norwood product bearing the KOOZIE mark, # 17 Exhibit I-9 - Photograph of a Norwood product bearing the KOOZIE mark, # 18 Exhibit I-10 - Photograph of a Norwood product bearing the KOOZIE mark, # 19 Exhibit I-11 - Norwood catalog page produced as NOR-KK000685, # 20 Exhibit I-12 - Cease-and-desist letter produced as NOR-KK011821, # 21 Exhibit I-13 - Order sheet produced as NOR-KK033314, # 22 Exhibit I-14 - Order sheet produced as NOR-KK033315, # 23 Exhibit I-15 - Catalog page produced as NOR-KK040848, # 24 Exhibit I-16 - Catalog page produced as NOR-KK000303, # 25 Exhibit I-17 - Catalog page produced as NOR-KK016249)(Polak, Jonathan) (Entered: 08/29/2011)
2011-08-29 183 0 Appendix of Exhibits in Support Appendix of Exhibits in Support of Reply in Support of Motion re 147 MOTION for Partial Summary Judgment and Response in Opposition to Defendants' Cross-Motion for Summary Judgment (Appendix 2 of 2), filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit I-18 - Price list produced as NOR-KK0088868, # 2 Exhibit I-19 - Cease and desist letter produced as NOR-KK012432, # 3 Exhibit I-20 - Promotional sheet produced as NOR-KK009578, # 4 Exhibit I-21 - Promotional sheet produced as NOR-KK015551, # 5 Exhibit I-22 - Promotional sheet produced as NOR-KK00887, # 6 Exhibit I-23 - Wordnik FAQs, # 7 Exhibit I-24 - Good Magazine Article, # 8 Exhibit I-25 - Wiktionary Help Page "Starting a New Page", # 9 Exhibit I-26 - Wiktionary Help Page "How to Edit a Page", # 10 Exhibit I-27 - Wiktionary Main Page, # 11 Exhibit I-28 - Wikipedia Main Page Explaining Purpose of Wikipedia, # 12 Exhibit I-29 - Wikipedia Introduction Page, # 13 Exhibit I-30 - OneLook Dictionary FAQs, # 14 Exhibit I-31 - OneLook Dictionary Indexed Sources List, # 15 Exhibit I-32 - Urban Dictionary "Add a Definition", # 16 Exhibit I-33 - WordStash Dictionary "About" Page, # 17 Exhibit I-34 - 2005 Trademark Manual Section 716.01, # 18 Exhibit I-35 - Trademark Snapshot for KOOZIE Mark - Serial #76573657, # 19 Exhibit I-36 - 2005 Trademark Manual Section 716.04, # 20 Exhibit I-37 - 2007 Trademark Manual Section 716.04, # 21 Exhibit I-38 - Trademark Snapshot for ELLINGTON Mark - Serial #78899295, # 22 Exhibit Declaration of Geoffrey T. Fong, Ph.D., # 23 Exhibit J-1 - Expert Report of Geoffrey T. Fong, Ph.D., # 24 Exhibit Declaration of Julia Sherron)(Polak, Jonathan) (Entered: 08/29/2011)
2011-08-30 184 0 Order on Motion to Seal Document ORDER denying 180 Motion to Seal Document - The stated grounds do not satisfy the requirements for filing under seal. See, Citizens First Nat'l Bank of Princeton v. Cincinnati Ins., 178 F.3d 943, 945 (7th Cir. 1999). The document shall be unsealed. (MARGINAL NOTATION). Signed by Judge Jane Magnus-Stinson on 8/30/2011. (JKS) (Entered: 08/31/2011)
2011-09-01 185 0 Motion for Reconsideration MOTION for Reconsideration re 184 Order on Motion to Seal Document, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 09/01/2011)
2011-09-02 186 0 Order on Motion for Reconsideration ORDER granting 185 Motion for Reconsideration - IT IS THEREFORE ORDERED, ADJUDGED, and DECREED that Docket 179 , Plaintiff's Sealed Reply in Support of its Motion for Partial Summary Judgment and Response in Opposition to Defendant's Cross-Motion for Summary Judgment, is sealed as of the date of this Order. The more thorough grounds stated by Plaintiff appear sufficient to comply with precedent. Signed by Judge Jane Magnus-Stinson on 9/2/2011. (JKS) (Entered: 09/02/2011)
2011-09-21 187 0 Motion for Extension of Time MOTION for Extension of Time to Dates Related to Expert Discovery and Disclosure, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Exhibit A - Letter from Jonathan Polak to Craig Pinkus dated 9/12/11, # 2 Text of Proposed Order)(Polak, Jonathan) (Entered: 09/21/2011)
2011-09-22 188 0 Notice of Appearance NOTICE of Appearance by Gayle A. Reindl on behalf of Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Reindl, Gayle) (Entered: 09/22/2011)
2011-09-23 189 0 Motion for Emergency Hearing MOTION for Emergency Hearing re 187 MOTION for Extension of Time to Dates Related to Expert Discovery and Disclosure, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: 09/23/2011)
2011-09-23 190 0 Notice of Appearance NOTICE of Appearance by Tracy Nicole Betz on behalf of Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Betz, Tracy) (Entered: 09/23/2011)
2011-09-23 191 0 Reply in Support of Motion REPLY in Support of Motion re 162 Cross MOTION for Summary Judgment, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit 18 - Second Declaration of Megan Mulford in Support of Kustoms Reply in Support of its Cross-Motion for Summary Judgment, # 2 Exhibit A to Second Declaration of Megan Mulford - Response to Office Action in FLOOZIE COOZIE (Serial No. 78/198,520), # 3 Exhibit B to Second Declaration of Megan Mulford - Office Action in [Gibson] ELLINGTON (Serial No. 76/366,420), # 4 Exhibit C to Second Declaration of Megan Mulford - Response to Office Action in [Gibson] ELLINGTON (Serial No. 76/366,420), # 5 Exhibit D to Second Declaration of Megan Mulford - Office Action in [E&E] ELLINGTON (Serial No. 78/899,295), # 6 Exhibit E to Second Declaration of Megan Mulford - Response to Office Action in [E&E] ELLINGTON (Serial No. 78/899,295))(Pinkus, Craig) (Entered: 09/23/2011)
2011-09-23 192 0 Motion (Other) MOTION Kustom's First Objections to the Fong Report, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Pinkus, Craig) (Entered: 09/23/2011)
2011-09-26 193 0 Order on Motion for Emergency Hearing ORDER granting 189 Motion for Emergency Hearing. Telephonic Hearing set 9/26/2011 @ 1:30 pm. Signed by Magistrate Judge William G. Hussmann, Jr on 9/26/2011. (SMD) (Entered: 09/26/2011)
2011-09-28 194 0 Response in Opposition to Motion RESPONSE in Opposition re 187 MOTION for Extension of Time to Dates Related to Expert Discovery and Disclosure, filed by Defendants KUSTOMKOOZIES, LLC, ROBERT LIDDLE. (Attachments: # 1 Exhibit A - email of Sept. 20, 2011, # 2 Exhibit B - email of Sept. 21, 2011, # 3 Exhibit C - email of Sept. 19, 2011, # 4 Exhibit D - email of Sept. 22, 2011, # 5 Exhibit E - second email of Sept. 19, 2011, # 6 Exhibit F - Plaintiff's Response to Defendants' Second Interrogatories)(Pinkus, Craig) (Entered: 09/28/2011)
2011-09-29 195 0 Surreply Surreply re 147 MOTION for Partial Summary Judgment, 162 Cross MOTION for Summary Judgment, filed by Plaintiff NORWOOD PROMOTIONAL PRODUCTS, LLC. (Polak, Jonathan) (Entered: 09/29/2011)
2011-10-03 196 0 Reply in Support of Motion
2011-10-04 197 0 Motion for Extension of Time
2011-10-05 198 0 Order on Motion for Extension of Time to File
2011-10-05 199 0 Order on Motion for Extension of Time to File
2011-10-07 200 0 Motion for Leave to File
2011-10-11 201 0 Response in Opposition to Motion
2011-10-11 202 0 Order on Motion for Leave to File
2011-11-04 203 0 Motion (Other)
2011-11-04 204 0 Brief/Memorandum in Support of Motion
2011-11-04 205 0 Motion (Other)
2011-11-08 206 0 Motion to Seal a Document
2011-11-08 207 0 Redacted Document
2011-11-17 208 0 Order on Motion to Seal Document
2011-11-21 209 0 Response in Opposition to Motion
2011-11-21 210 0 SEALED Document
2011-11-21 211 0 Motion to Seal a Document
2011-11-21 212 0 Redacted Document
2011-11-21 213 0 Response in Opposition to Motion
2011-11-28 214 0 Motion for Extension of Time to File Reply
2011-11-28 215 0 Order on Motion to Seal Document
2011-11-29 216 0 Order on Motion for Extension of Time to File Reply
2011-11-30 217 0 Status Conference
2011-12-02 218 0 Reply in Support of Motion
2011-12-02 219 0 Reply in Support of Motion
2011-12-05 220 0 Submission of Signature Requirement
2011-12-09 221 0 Exhibit List
2011-12-09 222 0 Exhibit List
2011-12-15 223 0 Motion for Continuance
2011-12-20 224 0 Motion (Other)
2011-12-21 225 0 Order on Motion for Partial Summary Judgment ENTRY on Cross Motions for Summary Judgment - For the reasons explicated in this entry, Norwood's Motion For Partial Summary Judgment, dkt. 147 , is GRANTED IN PART as to Counts I and II of its Second Amended Complaint. Norwood's motion i s DENIED in all other respects. Kustom's Cross Motion For Summary Judgment, dkt. 162 , is GRANTED IN PART with respect to Count III of Norwood's complaint, insofar as the Court finds that Norwood failed to provide Kustom with notice of br each and an opportunity to cure prior to terminating the license agreement and therefore the mere use of the claimed mark after the failed attempt to terminate the license agreement does not constitute trademark infringement. Kustom's motion is DENIED in all other respects. There remain pending several motions addressing expert reports or expert testimony at trial. Because counsel did not have the benefit of this ruling when the motions were filed, the parties are given ten (10) days in which to show cause why those motions should not be denied as moot, or to identify which part of any motion remains an issue to be decided prior to trial.(SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 12/21/2011. (JKS) 2011-12-22 08:53:57 9215d0d04b7e5285771c2241e121e6813248f774
2011-12-22 226 0 Order on Motion
2012-01-03 227 0 Entry
2012-01-03 229 0 Notice (Other)