Case details

Court: nysd
Docket #: 1:14-cv-00770
Case Name: Kind L.L.C. v. Clif Bar & Company
PACER case #: 423098
Date filed: 2014-02-06
Date terminated: 2014-12-17
Date of last filing: 2015-01-08
Assigned to: Judge Kimba M. Wood
Referred to: Magistrate Judge Ronald L. Ellis
Case Cause: 15:1125la Trademark Infringement (Lanham Act)
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Kind L.L.C.
Plaintiff
Charles W. Baxter
Debevoise & Plimpton LLP 919 Third Ave New York, NY 10022 (212)-909-6258 Fax: (212)-521-8742 Email: cwbaxter@debevoise.com
ATTORNEY TO BE NOTICED

David H. Bernstein
Debevoise & Plimpton, LLP (NYC) 919 Third Avenue,31st Floor New York, NY 10022 212 909-6000 Fax: 212 521-7696 Email: dhbernstein@debevoise.com
ATTORNEY TO BE NOTICED

Jyotin Hamid
Debevoise & Plimpton, LLP (NYC) 919 Third Avenue,31st Floor New York, NY 10022 2129091031 Fax: 2129096836 Email: jhamid@debevoise.com
ATTORNEY TO BE NOTICED

Clif Bar & Company
Defendant
Gia L. Cincone
Kilpatrick Townsend & Stockton LLP Two Embarcadero Center, Eighth Floor San Francisco, CA 94111 (415) 576-0200 Fax: (415) 576-0300 Email: gcincone@kilpatricktownsend.com
ATTORNEY TO BE NOTICED

Larry W. McFarland
Kilpatrick Townsend & Stockton LLP 9720 Wilshire Blvd Ph Beverly Hills, CA 90212-2018 310 777 3750 Fax: 310 388 5917 Email: lmcfarland@kilpatricktownsend.com
ATTORNEY TO BE NOTICED

Lisa Pearson
Kilpatrick Townsend & Stockton LLP 1114 Avenue of the Americas 21st Floor New York, NY 10036 212-775-8725 Fax: 212-775-8825 Email: lpearson@kilpatricktownsend.com
ATTORNEY TO BE NOTICED

Robert Nathan Potter
Kilpatrick Townsend & Stockton LLP 1114 Avenue of the Americas New York, NY 10036 212-775-8700 Fax: 212-775-8800 Email: rpotter@kilpatricktownsend.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-02-06 1 0 CIVIL COVER SHEET filed. (laq) (laq). (Entered: 02/10/2014)
2014-02-06 2 0 COMPLAINT against Clif Bar & Company. (Filing Fee $ 350.00, Receipt Number 1087317)Document filed by Kind L.L.C.(laq) (Additional attachment(s) added on 2/20/2014: # 1 exhibits) (laq). (Entered: 02/10/2014) 2014-09-04 01:44:17 d2d0286065dfee72f433ff3cd568ade94e3f14fb
2 1 exhibits
2014-02-10 3 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent KIND INC. for Kind L.L.C.. Document filed by Kind L.L.C.. (Attachments: # 1 Affidavit of Service)(Hamid, Jyotin) (Entered: 02/10/2014)
2014-02-10 4 0 AFFIDAVIT OF SERVICE of Summons and Complaint. Clif Bar & Company served on 2/7/2014, answer due 2/28/2014. Service was accepted by Corporation Service Company by Kevin Vohnoutka. Document filed by Kind L.L.C.. (Hamid, Jyotin) (Entered: 02/10/2014)
2014-02-10 5 0 NOTICE OF APPEARANCE by Lisa Pearson on behalf of Clif Bar & Company. (Pearson, Lisa) (Entered: 02/10/2014)
2014-02-10 6 0 NOTICE OF APPEARANCE by Robert Nathan Potter on behalf of Clif Bar & Company. (Potter, Robert) (Entered: 02/10/2014)
2014-02-10 7 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 02/10/2014)
2014-02-12 8 0 MOTION for Preliminary Injunction and Expedited Discovery. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 02/12/2014)
2014-02-12 9 0 MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Hamid, Jyotin) (Entered: 02/12/2014) 2014-02-17 20:12:15 4ae949e19292677359ae6f2735645108636383d0
2014-02-12 10 0 DECLARATION of George Mantis in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Hamid, Jyotin) (Entered: 02/12/2014)
2014-02-12 11 0 DECLARATION of Daniel Lubetzky in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Hamid, Jyotin) (Entered: 02/12/2014)
2014-02-10 12 0 ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ronald L. Ellis. Motions referred to Ronald L. Ellis. (Signed by Judge Kimba M. Wood on 2/10/2014) (ja) (Entered: 02/14/2014)
2014-02-14 13 0 LETTER addressed to Judge Kimba M. Wood from Lisa Pearson dated 2/14/2014 re: Clarification of the Court's order. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 02/14/2014)
2014-02-18 14 0 ORDER: that the Court sets the following schedule for Plaintiff's motion: Discovery in connection with the motion must be completed by March 12, 2014; Plaintiff's response is due on Wednesday, March 19, 2014; Defendant's reply, if any, is due on Wednesday, March 26, 2014; A hearing on the motion is scheduled for Tuesday, April 15, 2014, at 10:30 a.m. in Courtroom 9A. Set Deadlines/Hearing as to 8 MOTION for Preliminary Injunction and Expedited Discovery: Responses due by 3/19/2014, Replies due by 2/26/2014. Motion Hearing set for 4/15/2014 at 10:30 AM in Courtroom 9A, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood. (Discovery due by 3/12/2014.) (Signed by Judge Kimba M. Wood on 2/18/2014) (tn) (Entered: 02/18/2014)
2014-02-19 15 0 ORDER: Discovery in connection with the motion must be completed by March 12, 2014. Defendant's response is due on Wednesday, March 19, 2014. Plaintiff's reply, if any, is due on Wednesday, March 26, 2014. A hearing on the motion is scheduled for Tuesday, April 15, 2014, at 10:30 a.m. in Courtroom 9A. Responses due by 3/19/2014. Replies due by 3/26/2014. Discovery due by 3/12/2014. (Signed by Judge Kimba M. Wood on 2/19/2014) (ft) (Entered: 02/19/2014)
2014-02-25 16 0 LETTER addressed to Judge Kimba M. Wood from Lisa Pearson dated 2/25/2014 re: Order of February 19, 2014. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 02/25/2014)
2014-02-26 17 0 LETTER addressed to Judge Kimba M. Wood from David H. Bernstein dated February 26, 2014 re: response to Defendant's 2/25/14 letter [dkt. #16]. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 02/26/2014)
2014-02-26 18 0 LETTER addressed to Judge Kimba M. Wood from David H. Bernstein dated February 26, 2014 (Correcting Prior Letter at Docket 17) re: response to Defendant's 2/25/14 letter (dkt #16). Document filed by Kind L.L.C..(Bernstein, David) (Entered: 02/26/2014)
2014-02-28 19 0 CONSENT LETTER MOTION for Extension of Time to File Answer re: 2 Complaint addressed to Judge Kimba M. Wood from Robert N. Potter dated 2/28/2014. Document filed by Clif Bar & Company.(Potter, Robert) (Entered: 02/28/2014)
2014-02-28 20 0 CONSENT LETTER addressed to Judge Kimba M. Wood from Robert N. Potter dated 2/28/2014 re: evidentiary hearing. Document filed by Clif Bar & Company.(Potter, Robert) (Entered: 02/28/2014)
2014-02-06 21 0 STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (laq) (Entered: 03/01/2014)
2014-03-04 22 0 ORDER granting 19 Letter Motion for Extension of Time to Answer, until 20 days after Plaintiff's motion for preliminary injunction has been decided. Granted. (Signed by Judge Kimba M. Wood on 3/3/2014) (cd) (Entered: 03/04/2014)
2014-03-07 23 0 MEMO ENDORSEMENT on re: 20 Letter filed by Clif Bar & Company. ENDORSEMENT: The hearing is adjourned to April 28, 2014 at 10:30 A.M. in Courtroom 18-B. The Court intends the hearing to be an evidentiary hearing with witness testimony. (Signed by Judge Kimba M. Wood on 3/6/2014) (ajs) (Entered: 03/07/2014)
2014-03-10 24 0 LETTER MOTION for Extension of Time addressed to Judge Kimba M. Wood from Jyotin Hamid of Debevoise & Plimpton LLP dated 3/10/14. Document filed by Kind L.L.C..(Hamid, Jyotin) (Entered: 03/10/2014)
2014-03-10 25 0 ORDER denying 24 Letter Motion for Extension of Time. It is the court's preference to combine a hearing on a preliminary injunction with the trial on the merits. If any party objects to that procedure being followed in this case, it must object in writing, by April 3, 2014, stating its objections with specificity. (Signed by Judge Kimba M. Wood on 3/10/2014) (ft) (Entered: 03/11/2014)
2014-03-14 26 0 LETTER addressed to Judge Kimba M. Wood from Lisa Pearson dated 3/14/2014 re: March 10 Order. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 03/14/2014)
2014-03-25 27 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gia L. Cincone to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9495548. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clif Bar & Company. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Cincone, Gia) Modified on 3/26/2014 (wb). (Entered: 03/25/2014)
2014-03-26 28 0 MEMO ENDORSEMENT on 26 Letter filed by Clif Bar & Company re request to amend the interim deadlines on Plaintiff's motion for preliminary injunction. ENDORSEMENT: So Ordered. This is correct. This is incorrect (see document). (Signed by Judge Kimba M. Wood on 3/24/2014) (cd) (Entered: 03/26/2014)
2014-03-26 29 0 AGREEMENT FOR THE PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... See Addendum on Page 15. (Signed by Judge Kimba M. Wood on 3/24/2014) (cd) (Entered: 03/26/2014)
2014-03-27 30 0 NOTICE OF CHANGE OF ADDRESS by Robert Nathan Potter on behalf of Clif Bar & Company. New Address: 1114 Avenue of the Americas, 21st Floor, New York, New York, 10036, 212-775-8700. (Potter, Robert) (Entered: 03/27/2014)
2014-03-31 31 0 MEMORANDUM OF LAW in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Pearson, Lisa) (Entered: 03/31/2014)
2014-03-31 32 0 DECLARATION of KEVIN CLEARY in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C (Part 1 of 3), # 4 Exhibit C (Part 2 of 3), # 5 Exhibit C (Part 3 of 3), # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G (Part 1 of 2), # 10 Exhibit G (Part 2 of 2), # 11 Exhibit H (Part 1 of 3), # 12 Exhibit H (Part 2 of 3), # 13 Exhibit H (Part 3 of 3), # 14 Exhibit I)(Pearson, Lisa) (Entered: 03/31/2014)
2014-03-31 33 0 DECLARATION of Robert Rosen in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Attachments: # 1 Exhibit A (Part 1 of 4), # 2 Exhibit A (Part 2 of 4), # 3 Exhibit A (Part 3 of 4), # 4 Exhibit A (Part 4 of 4), # 5 Exhibit B)(Pearson, Lisa) (Entered: 03/31/2014)
2014-03-31 34 0 DECLARATION of Oslen Grant in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (part 1 of 2), # 5 Exhibit D (part 2 of 2), # 6 Exhibit E)(Pearson, Lisa) (Entered: 03/31/2014)
2014-03-31 35 0 DECLARATION of Michael Rappeport in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Pearson, Lisa) (Entered: 03/31/2014)
2014-04-01 36 0 MOTION for Gia L. Cincone to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clif Bar & Company. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Cincone, Gia) (Entered: 04/01/2014)
2014-04-02 37 0 ORDER granting 36 Motion for Gia L. Cincone to Appear Pro Hac Vice (HEREBY ORDERED by Judge Kimba M. Wood)(Text Only Order) (Wood, Kimba) (Entered: 04/02/2014)
2014-04-03 38 0 LETTER addressed to Judge Kimba M. Wood from Lisa Pearson dated 4/3/2014 re: Combining hearing. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 04/03/2014)
2014-04-03 39 0 Objection re: 25 Order on Motion for Extension of Time, / Objection to Proposed Consolidation Under Rule 65(a)(2). Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/03/2014)
2014-04-14 40 0 REPLY MEMORANDUM OF LAW in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/14/2014)
2014-04-14 41 0 DECLARATION of Daniel Lubetzky in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/14/2014)
2014-04-14 42 0 DECLARATION of George Mantis in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/14/2014)
2014-04-14 43 0 DECLARATION of Sarah Butler in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bernstein, David) (Entered: 04/14/2014)
2014-04-14 44 0 DECLARATION of Ashley Getz in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/14/2014)
2014-04-14 45 0 DECLARATION of Charles W. Baxter in Support re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Kind L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Baxter, Charles) (Entered: 04/14/2014)
2014-04-16 46 0 MEMO ENDORSEMENT on 38 Letter filed by Clif Bar & Company. ENDORSEMENT: In light of the positions taken by both plaintiff and defendant, the Court will not combine the hearing on a preliminary injunction with any trial on the merits. (Signed by Judge Kimba M. Wood on 4/15/2014) (ft) (Entered: 04/16/2014)
2014-04-17 47 0 LETTER MOTION for Conference /Letter motion requesting a short telephone conference to discuss the Court's preferences with respect to the logistics for the upcoming hearing on plaintiff's motion for a preliminary injunction. addressed to Judge Kimba M. Wood from David H. Bernstein of Debevoise & Plimpton LLP dated 4/17/14. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 04/17/2014)
2014-04-17 48 0 ORDER granting 47 Letter Motion for Conference. The undersigned will schedule a telephone conference to disucss these matters. Counsel should call my Deputy to advise her when, between 11 a.m. and 3 p.m. on April 21, counsel are available. Counsel shall then may the arrangements for the call. The call will be on the record; counsel must state their names each time they speak, and speakers may not be on speakerphones. (Signed by Judge Kimba M. Wood on 4/17/2014) (cd) (Entered: 04/18/2014)
2014-04-21 49 0 LETTER addressed to Judge Kimba M. Wood from Lisa Pearson dated 04/21/2014 re: additional hearing dates. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 04/21/2014)
2014-04-21 50 0 LETTER addressed to Judge Kimba M. Wood from David H. Bernstein dated April 21, 2014 re: Hearing Dates. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 04/21/2014)
2014-04-23 51 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Leave to File Declaration of Kim Dao and Supplemental Decl. of Oslen Grant Letter Motion. Document filed by Clif Bar & Company. (Attachments: # 1 Affidavit Declaration of Kim Dao, # 2 Affidavit Supplemental Decl. of Oslen Grant)(Cincone, Gia) Modified on 4/24/2014 (db). (Entered: 04/23/2014)
2014-04-24 52 0 MEMORANDUM OF LAW in Opposition re: 51 MOTION for Leave to File Declaration of Kim Dao and Supplemental Decl. of Oslen Grant Letter Motion.. Document filed by Kind L.L.C.. (Bernstein, David) (Entered: 04/24/2014)
2014-04-24 53 0 ORDER: The Court GRANTS Clif Bar's request as to the Grant Declaration. The Court will consider the Dao Declaration only if Clif Bar makes arrangements for Ms. Dao to appear via video conference in the court room for cross-examination. Clif Bar must notify opposing counsel and the Court by April 25, 2014 at 1:00 p.m. p.m. whether it intends to do so and at what time Ms. Dao is available to testify. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/24/2014) (ama) (Entered: 04/24/2014)
2014-04-24 54 0 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide the Defendant in the Kind LLC v. Clif Bar & Company, No. 14-cv-770 (KMW) litigation with Internet connectivity for the duration of the proceedings set to begin on April 28, 2014. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court. The approved attorneys for Defendant are allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. SO ORDERED (Signed by Judge Kimba M. Wood on 4/24/2014) (ama) (Entered: 04/24/2014)
2014-04-25 55 0 LETTER addressed to Judge Kimba M. Wood from Gia L. Cincone dated 04/25/2014 re: Response to the Court's Order re Kim Dao. Document filed by Clif Bar & Company.(Cincone, Gia) (Entered: 04/25/2014)
2014-04-25 56 0 DECLARATION of Michael Rappeport (supplemental) in Opposition re: 8 MOTION for Preliminary Injunction and Expedited Discovery.. Document filed by Clif Bar & Company. (Pearson, Lisa) (Entered: 04/25/2014)
2014-04-29 57 0 MOTION for Jerre B. Swann to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-9616229. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clif Bar & Company. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order [Proposed] Order for Admission Pro Hac Vice)(Potter, Robert) Modified on 4/29/2014 (wb). Modified on 4/30/2014 (wb). (Entered: 04/29/2014)
2014-05-01 58 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/21/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/27/2014. Redacted Transcript Deadline set for 6/5/2014. Release of Transcript Restriction set for 8/4/2014.(Rodriguez, Somari) (Entered: 05/01/2014)
2014-05-01 59 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 05/01/2014)
2014-05-01 60 0 ORDER FOR ADMISSION PRO HAC VICE granting 57 Application for the Court to Request Counsel. (Signed by Judge Kimba M. Wood on 4/30/2014) (ajs) (Entered: 05/01/2014)
2014-05-16 61 0 BRIEF re: 8 MOTION for Preliminary Injunction and Expedited Discovery. /Post Hearing Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction, with exhibits. Document filed by Kind L.L.C..(Hamid, Jyotin) (Entered: 05/16/2014)
2014-05-19 62 0 SEALED DOCUMENT placed in vault.(rz) (Entered: 05/19/2014)
2014-05-21 63 0 TRANSCRIPT of Proceedings re: TRIAL held on 4/28/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/22/2014.(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 64 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/28/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 65 0 TRANSCRIPT of Proceedings re: TRIAL held on 4/30/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/22/2014.(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 66 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/30/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 67 0 TRANSCRIPT of Proceedings re: TRIAL held on 5/1/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: Michael McDaniel, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/22/2014.(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 68 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/1/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 69 0 TRANSCRIPT of Proceedings re: TRIAL held on 5/6/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2014. Redacted Transcript Deadline set for 6/26/2014. Release of Transcript Restriction set for 8/22/2014.(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-21 70 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 5/6/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/21/2014)
2014-05-23 71 0 ORDER: The preliminary injunction hearing in this matter will resume on June 4, 2014, at 1 p.m. (Signed by Judge Kimba M. Wood on 5/23/2014) (ajs) (Entered: 05/23/2014)
2014-05-23 72 0 BRIEF re: 8 MOTION for Preliminary Injunction and Expedited Discovery. Defendant's Post-Hearing Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 05/23/2014)
2014-05-30 73 0 BRIEF re: 8 MOTION for Preliminary Injunction and Expedited Discovery. Post-Hearing Reply Memorandum of Law In Further Support of Plaintiff's Motion for a Preliminary Injunction. Document filed by Kind L.L.C..(Hamid, Jyotin) (Entered: 05/30/2014)
2014-06-12 74 0 OPINION & ORDER #104436 re: 8 MOTION for Preliminary Injunction and Expedited Discovery filed by Kind L.L.C. For the foregoing reasons, the Court DENIES Plaintiff's motion for a preliminary injunction. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/12/2014) (ajs) Modified on 6/19/2014 (ca). (Entered: 06/12/2014) 2014-06-13 10:06:34 223fe59e20ef117869900023586b7d2ecdd28804
2014-07-02 75 0 ANSWER to 2 Complaint. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 07/02/2014)
2014-07-02 76 0 DECLARATION of Oslen Grant (Second Supplemental). Document filed by Clif Bar & Company. (Pearson, Lisa) (Entered: 07/02/2014)
2014-07-02 77 0 Exhibit List . Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 07/02/2014)
2014-07-07 78 0 NOTICE OF INTERLOCUTORY APPEAL from 74 Memorandum & Opinion,. Document filed by Kind L.L.C.. Filing fee $ 505.00, receipt number 0208-9859485. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A - Judge Wood's PI Decision)(Hamid, Jyotin) (Entered: 07/07/2014)
2014-07-16 79 0 TRANSCRIPT of Proceedings re: TRIAL held on 6/4/2014 before Judge Kimba M. Wood. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/11/2014. Redacted Transcript Deadline set for 8/21/2014. Release of Transcript Restriction set for 10/17/2014.(McGuirk, Kelly) (Entered: 07/16/2014)
2014-07-16 80 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 6/4/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 07/16/2014)
2014-08-22 81 0 STIPULATION AND ORDER: the parties hereby stipulate and agree that the exhibits listed in Exhibit A and Exhibit B, attached hereto, were duly admitted into evidence at the Hearing. (Signed by Judge Kimba M. Wood on 8/14/2014) (cd) (Entered: 08/22/2014)
2014-08-22 82 0 LETTER addressed to Judge Kimba M. Wood from Jyotin Hamid dated 08/22/2014 re: updated minute entry for proceedings held on May 6, 2014. Document filed by Kind L.L.C..(Hamid, Jyotin) (Entered: 08/22/2014)
2014-08-26 83 0 MEMO ENDORSEMENT on re: 82 Letter filed by Kind L.L.C. ENDORSEMENT: The Minute Entry of May 6, 2014 has been amended to reflect the Court's order sealing PX-199 and related portions of the transcript. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/26/2014) (ajs) (Entered: 08/26/2014)
2014-10-08 84 0 PRETRIAL CONFERENCE ORDER: This action has been referred to Magistrate Judge Ronald L. Ellis for GENERAL PRETRIAL. A CONFERENCE WILL BE HELD IN THIS CASE BY THE JUDGE ON OCTOBER 16, 2014, AT 11:30 A.M. IN COURTROOM 11C, 500 PEARL STREET. ( Pretrial Conference set for 10/16/2014 at 11:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 10/8/2014) (djc) (Entered: 10/08/2014)
2014-10-09 85 0 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ronald L. Ellis from Charles W. Baxter dated October 9, 2014. Document filed by Kind L.L.C..(Baxter, Charles) (Entered: 10/09/2014)
2014-10-10 86 0 SUPPLEMENTAL LETTER MOTION to Adjourn Conference scheduled for 10/16/14 addressed to Magistrate Judge Ronald L. Ellis from Charles W. Baxter dated October 10, 2014. Document filed by Kind L.L.C..(Baxter, Charles) (Entered: 10/10/2014)
2014-10-14 87 0 ORDER granting 85 Letter Motion to Adjourn Conference. Initial Conference set for 10/29/2014 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 10/14/2014)
2014-10-14 88 0 ORDER finding as moot 86 Letter Motion to Adjourn Conference. (HEREBY ORDERED by Magistrate Judge Ronald L. Ellis)(Text Only Order) (Ellis, Ronald) (Entered: 10/14/2014)
2014-10-29 89 0 LETTER addressed to Magistrate Judge Ronald L. Ellis from David H. Bernstein dated 10/29/14 re: Plaintiff's Proposed Discovery Schedule. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 10/29/2014)
2014-10-29 90 0 LETTER addressed to Magistrate Judge Ronald L. Ellis from Lisa Pearson dated 10/29/2014 re: Defendant's Proposed Discovery Schedule. Document filed by Clif Bar & Company.(Pearson, Lisa) (Entered: 10/29/2014)
2014-10-29 91 0 LETTER addressed to Magistrate Judge Ronald L. Ellis from David H. Bernstein dated 10/29/14 re: Objection To Defendant's Letter at NOE No. 90. Document filed by Kind L.L.C..(Bernstein, David) (Entered: 10/29/2014)
2014-10-30 92 0 STATUS CONFERENCE ORDER: You are ORDERED to appear for a STATUS CONFERENCE, to be held on Wednesday, January 28, 2015, at 10:30 a.m. in Courtroom 11C, in front of the Honorable Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (Status Conference set for 1/28/2015 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis (Signed by Magistrate Judge Ronald L. Ellis on 10/30/2014) (djc) Modified on 10/30/2014 (djc). Modified on 10/30/2014 (djc). (Entered: 10/30/2014)
2014-10-30 93 0 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. The mediation will take place near the end of January 2015. IT IS HEREBY ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. Mediator to be Assigned by 11/10/2014. Mediator Expertise Request due by 11/4/2014. (Signed by Magistrate Judge Ronald L. Ellis on 10/30/2014) (ajs) (Entered: 10/30/2014)
2014-10-30 94 0 MEMO ENDORSEMENT on re: 89 Letter filed by Kind L.L.C. ENDORSEMENT: Rebuttal Expert Reports Due - March 17, 2015. All Discovery Closes - April 14, 2015. Dispositive Motions Due - May 14, 2015. SO ORDERED. (Discovery due by 4/14/2015. Fact Discovery due by 1/20/2015. Motions due by 5/14/2015.) (Signed by Magistrate Judge Ronald L. Ellis on 10/30/2014) (ajs) (Entered: 10/30/2014)
2014-11-19 95 0 MOTION for William H. Brewster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10331988. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clif Bar & Company. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Pearson, Lisa) (Entered: 11/19/2014)
2014-11-26 96 0 MOTION for Larry W. McFarland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10353818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Clif Bar & Company. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Order for Admission Pro Hac Vice)(McFarland, Larry) (Entered: 11/26/2014)
2014-12-01 97 0 ORDER granting 96 Motion for Larry W. McFarland to Appear Pro Hac Vice (HEREBY ORDERED by Judge Kimba M. Wood)(Text Only Order) (Wood, Kimba) (Entered: 12/01/2014)
2014-12-17 98 0 STIPULATION AND ORDER OF DISMISSAL: that all claims in this action shall be dismissed with prejudice, and each party shall bear its own costs and fees. Within five business days after entry of this Order, KIND shall notify the Court of Appeals for the Second Circuit that this Order had been entered dismissing the action and that KIND's pending appeal is therefore moot. The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Kimba M. Wood on 12/16/2014) (tn) (Entered: 12/17/2014) 2014-12-22 03:08:24 158b02ece8193aa653cef89f96eadf0903e74632