| Court: | nysd |
| Docket #: | 1:09-cv-03741 |
| Case Name: | Stokely-Van Camp, Inc. v. The Coca-Cola Company et al |
| PACER case #: | 344015 |
| Date filed: | 2009-04-13 |
| Date terminated: | 2009-12-16 |
| Assigned to: | Judge John G. Koeltl |
| Case Cause: | 15:1051 Trademark Infringement |
| Nature of Suit: | 840 Trademark |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Stokely-Van Camp, Inc. Plaintiff |
Arthur Harlod Aufses , III Harold Paul Weinberger Louis M. Solomon Norman Christopher Simon Seth Franklin Schinfeld |
| The Coca-Cola Company Defendant TERMINATED: 12/14/2009 |
Carrie Ann Syme David Gerard Sewell Matthew B. Larsen Sarah E Zgliniec Steven Alan Zalesin |
| Energy Brands Inc. Defendant |
Carrie Ann Syme David Gerard Sewell Matthew B. Larsen Sarah E Zgliniec Steven Alan Zalesin |
| The Coca-Cola Company Counter Claimant TERMINATED: 12/14/2009 |
Carrie Ann Syme David Gerard Sewell Matthew B. Larsen Steven Alan Zalesin |
| Energy Brands Inc. Counter Claimant |
Carrie Ann Syme David Gerard Sewell Matthew B. Larsen Steven Alan Zalesin |
| Stokely-Van Camp, Inc. Counter Defendant |
Arthur Harlod Aufses , III Harold Paul Weinberger Louis M. Solomon Norman Christopher Simon Seth Franklin Schinfeld |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-04-13 | 1 | 0 | COMPLAINT against The Coca-Cola Company, Energy Brands Inc.. (Filing Fee $ 350.00, Receipt Number 684035)Document filed by Stokely-Van Camp, Inc..(mbe) (Entered: 04/15/2009) | 2010-01-14 14:34:08 | 797f3c930da3b12c5bcd530ac374379805ca4ab9 | |
| 2009-04-13 | 2 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Quaker Oats Company, PepsiCo as Corporate Parents. Document filed by Stokely-Van Camp, Inc..(mbe) (Entered: 04/15/2009) | |||
| 2009-04-17 | 3 | 0 | NOTICE OF APPEARANCE by Steven Alan Zalesin on behalf of The Coca-Cola Company, Energy Brands Inc. (Zalesin, Steven) (Entered: 04/17/2009) | |||
| 2009-04-17 | 4 | 0 | NOTICE OF APPEARANCE by Carrie Ann Syme on behalf of The Coca-Cola Company, Energy Brands Inc. (Syme, Carrie) (Entered: 04/17/2009) | |||
| 2009-04-17 | 5 | 0 | NOTICE OF APPEARANCE by Matthew B. Larsen on behalf of The Coca-Cola Company, Energy Brands Inc. (Larsen, Matthew) (Entered: 04/17/2009) | |||
| 2009-04-20 | 6 | 0 | ORDER The defendants' motion to disqualify Proskauer Rose LLP ("Proskauer Rose") from representing the plaintiff in this action shall be filed by April 22, 2009. The plaintiff shall respond by April 24, 2009. The defendants may reply by April 27, 2009. A hearing on the motion to disqualify is scheduled for May 1, 2009 at 3:30 p.m. A hearing on the application for a preliminary injunction is scheduled for June 1, 2009 at 9:00 a.m. The parties should provide the Court with a proposed schedule for briefing and expedited discovery in connection with the preliminary injunction application by April 24, 2009. SO ORDERED. Set Deadlines/Hearing as to ( Responses due by 4/24/2009, Replies due by 4/27/2009, Motion Hearing set for 5/1/2009 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 4/17/2009) (jmi) (Entered: 04/20/2009) | |||
| 2009-04-20 | 7 | 0 | CERTIFICATE OF SERVICE of Summons and Complaint. The Coca-Cola Company served on 4/15/2009, answer due 5/5/2009; Energy Brands Inc. served on 4/15/2009, answer due 5/5/2009. Service was accepted by Steven A. Zalesin, Esq.. Document filed by Stokely-Van Camp, Inc.. (Cheng, Theodore) (Entered: 04/20/2009) | |||
| 2009-04-21 | 8 | 0 | NOTICE OF APPEARANCE by Harold Paul Weinberger on behalf of Stokely-Van Camp, Inc. (Weinberger, Harold) (Entered: 04/21/2009) | |||
| 2009-04-21 | 9 | 0 | NOTICE OF APPEARANCE by Norman Christopher Simon on behalf of Stokely-Van Camp, Inc. (Simon, Norman) (Entered: 04/21/2009) | |||
| 2009-04-21 | 10 | 0 | NOTICE OF APPEARANCE by Seth Franklin Schinfeld on behalf of Stokely-Van Camp, Inc. (Schinfeld, Seth) (Entered: 04/21/2009) | |||
| 2009-04-21 | 11 | 0 | NOTICE OF APPEARANCE by Arthur Harlod Aufses, III on behalf of Stokely-Van Camp, Inc. (Aufses, Arthur) (Entered: 04/21/2009) | |||
| 2009-04-24 | 12 | 0 | STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL It is hereby stipulated and agreed that the law firm Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the Americas, New York, NY 10036, be substituted as counsel of record for Plaintiff Stokely-Van Camp, Inc. in the place of Proskauer Rose, LLP, 1585 Broadway, New York, New York 10036-8299. (Signed by Judge John G. Koeltl on 4/23/09) (mme) (Entered: 04/24/2009) | |||
| 2009-04-24 | 13 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Coca-Cola Company as Corporate Parent. Document filed by The Coca-Cola Company, Energy Brands Inc..(Zalesin, Steven) (Entered: 04/24/2009) | |||
| 2009-04-27 | 14 | 0 | PROPOSED SCHEDULING ORDER: 1. The parties shall begin exchanging documents on or before May 1, 2009; 2. Document exchange shall be completed by May 8, 2009; 3. The parties shall COIl1mence depositions of fact witnesses on May 11, 2009; 4. Defendants shall serve expert summaries on or before May 15, 2009; 5. The parties shall commence depositions of expert witnesses on May 18, 2009; 6. Defendants' answering brief in opposition to plaintiffs motion for B. preliminary injunction shall be filed on or before May 20, 2009; 7. Plaintiff's reply brief in further support of its motion for a preliminary injunction shall be filed on or before May 27, 2009; 8. The parties shall file proposed findings of fact and conclusions of law on or before May 28, 2009; and 9. The parties shall appear before the Court for a hearing on the motion for a preliminary injunction on June 1, 2009 at 9:00 a.m. SO ORDERED. (Signed by Judge John G. Koeltl on 4/24/2009) (tve) (Entered: 04/27/2009) | |||
| 2009-04-28 | 15 | 0 | NOTICE OF APPEARANCE by David Gerard Sewell on behalf of The Coca-Cola Company, Energy Brands Inc. (Sewell, David) (Entered: 04/28/2009) | |||
| 2009-04-29 | 16 | 0 | ANSWER to Complaint., COUNTERCLAIM against Stokely-Van Camp, Inc.. Document filed by The Coca-Cola Company, Energy Brands Inc.. (Attachments: # 1 Affidavit of Service)(Zalesin, Steven) (Entered: 04/29/2009) | |||
| 2009-05-01 | 17 | 0 | TRANSCRIPT of proceedings held on 4/17/09 before Judge John G. Koeltl. (tro) (Entered: 05/01/2009) | |||
| 2009-05-13 | 18 | 0 | SCHEDULING ORDER: Responses due by 5/22/2009 Replies due by 6/1/2009. Deposition due by 5/18/2009. Status Conference set for 6/4/2009 at 09:00 AM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 5/12/09) (js) (Entered: 05/13/2009) | |||
| 2009-05-19 | 19 | 0 | ANSWER to Counterclaim. Document filed by Stokely-Van Camp, Inc..(Weinberger, Harold) (Entered: 05/19/2009) | |||
| 2009-05-21 | 20 | 0 | NOTICE OF APPEARANCE by Sarah E Zgliniec on behalf of The Coca-Cola Company, Energy Brands Inc. (Attachments: # 1 Affidavit of Service)(Zgliniec, Sarah) (Entered: 05/21/2009) | |||
| 2009-05-21 | 21 | 0 | STIPULATION AND ORDER; Defendants shall serve on Plaintiff their brief and related papers opposing Plaintiff's motion for a preliminary injunction on or before May 22, 2009. Defendants shall file their brief and related papers opposing Plaintiffs motion for a preliminary injunction on or before May 26, 2009. The page limit for Defendant's memorandum of law in opposition to Plaintiff's motion for a preliminary injunction will be 40 pages. The page limit for Plaintiff's reply memorandum of law in further support of its motion tor a preliminary injunction will be 25 pages. SO ORDERED. (Signed by Judge John G. Koeltl on 5/21/2009) (tve) (Entered: 05/22/2009) | |||
| 2009-05-22 | 22 | 0 | ENDORSED LETTER addressed to Judge John G. Koeltl from Harold P. Weinberger dated 5/22/2009 re: The parties jointly request that in lieu of this submission, post-hearing findings of fact and conclusions of law be simultaneously submitted on June 19, 2009. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge John G. Koeltl on 5/22/2009) (jfe) (Entered: 05/26/2009) | |||
| 2009-05-26 | 23 | 0 | PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material....This Order is not binding on the Court or Court personnel. The Court reserves the right to amend it any time. So Ordered. (Signed by Judge John G. Koeltl on 5/26/2009) (jfe) (Entered: 05/26/2009) | |||
| 2009-05-26 | 24 | 0 | SEALED DOCUMENT placed in vault.(jri) (Entered: 05/27/2009) | |||
| 2009-05-22 | 25 | 0 | TRANSCRIPT of proceedings held on 5/18/09 before Judge John G. Koeltl. (tro) (Entered: 05/28/2009) | |||
| 2009-06-02 | 26 | 0 | SEALED DOCUMENT placed in vault.(rt) (Entered: 06/02/2009) | |||
| 2009-06-19 | 27 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by The Coca-Cola Company, Energy Brands Inc..(Zalesin, Steven) (Entered: 06/19/2009) | |||
| 2009-06-19 | 28 | 0 | DECLARATION of Frank Bracken (Supplemental Declaration of Frank Bracken). Document filed by The Coca-Cola Company, Energy Brands Inc.. (Zalesin, Steven) (Entered: 06/19/2009) | |||
| 2009-06-19 | 29 | 0 | PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Stokely-Van Camp, Inc..(Weinberger, Harold) (Entered: 06/19/2009) | |||
| 2009-06-19 | 30 | 0 | Exhibit List /Joint Final Exhibit List. Document filed by Stokely-Van Camp, Inc., The Coca-Cola Company, Energy Brands Inc..(Weinberger, Harold) (Entered: 06/19/2009) | |||
| 2009-07-07 | 31 | 0 | TRANSCRIPT of proceedings held on June 4, 5, 2009 before Judge John G. Koeltl. (mro) (Entered: 07/07/2009) | |||
| 2009-07-24 | 32 | 0 | NOTICE of Withdrawal of David G. Sewell and Request for Removal From the Court's Electronic Filing Notification System. Document filed by The Coca-Cola Company, Energy Brands Inc.. (Sewell, David) (Entered: 07/24/2009) | |||
| 2009-08-04 | 33 | 0 | OPINION AND ORDER:#97832 The foregoing constitutes this Court's Findings of Fact and Conclusions of Law pursuant to Rules 52(a) and 65 of the Federal Rules of Civil Procedure. For the reasons explained above, the plaintiff's motion for a preliminary injunction is denied. SO ORDERED. (Signed by Judge John G. Koeltl on 8/4/2009) (tve) Modified on 8/5/2009 (jab). (Entered: 08/04/2009) | |||
| 2009-08-07 | 34 | 0 | CIVIL SCHEDULING ORDER: No additional parties may be joined or cause of action asserted after 10/9/09. No additional defenses may be asserted after 10/23/09. Except for good cause shown, all discovery shall be commenced in time to be completed by 2/26/10. Dispositive motions, if any, are to be completed by 3/19/10. A joint pretrial order, together with any motions in limine or motions to bifurcate, shall be submitted by 4/16/10. The parties shall be ready for trial on 48 hours on notice on or after 4/30/10. SO ORDERED. (Signed by Judge John G. Koeltl on 8/6/2009) (tve) (Entered: 08/07/2009) | |||
| 2009-11-23 | 35 | 0 | ORDER: The parties are directed to update the Court regarding the status of this case by November 30, 2009. (Signed by Judge John G. Koeltl on 11/20/2009) (jfe) (Entered: 11/23/2009) | |||
| 2009-12-14 | 36 | 0 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED that SVC's claims against Coca-Cola in the above-captioned action are hereby dismissed with prejudice. Coca-Cola's affirmative defenses and counterclaim in the above-captioned action are hereby dismissed with prejudice, but only insofar as they specifically address SVC's marketing, labeling, advertising and/or promotional claims concerning the inclusion of calcium and/or magnesium in Gatorade Endurance Formula. (Signed by Judge John G. Koeltl on 12/11/2009) (jfe) Modified on 1/7/2010 (jfe). (Entered: 12/14/2009) | |||
| 2009-12-17 | 37 | 0 | ORDER, the Clerk is directed to close this case. The stipulation signed by the Court on 12/11/09, disposed of all pending claims. (Signed by Judge John G. Koeltl on 12/17/09) (cd) (Entered: 12/17/2009) |