| Court: | nysd |
| Docket #: | 1:14-cv-07616 |
| Case Name: | Sanford L.P. et al v. Esselte AB et al |
| PACER case #: | 432818 |
| Date filed: | 2014-09-19 |
| Date terminated: | 2016-01-07 |
| Assigned to: | Judge Vernon S. Broderick |
| Case Cause: | 15:1126 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Sanford L.P. Plaintiff doing business asDymo |
Frederick L. Whitmer Mitchell G. Stockwell Jeffrey H. Fisher Richard W. Goldstucker Vaibhav P. Kadaba |
| Dymo B.V.B.A. Plaintiff |
Frederick L. Whitmer Mitchell G. Stockwell Jeffrey H. Fisher Richard W. Goldstucker Vaibhav P. Kadaba |
| Esselte AB Defendant |
Charles Howard Sanders Douglas J. Kline Martin C. Gomez Robert Frederickson , III |
| Esselte Leitz Gmbh & Co. KG Defendant |
Charles Howard Sanders Douglas J. Kline Martin C. Gomez Robert Frederickson , III |
| Esselte Corporation Defendant |
Calvin Eugene Wingfield , Jr., Charles Howard Sanders Douglas J. Kline Martin C. Gomez Robert Frederickson , III |
| David Block Defendant |
Douglas J. Kline |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-09-19 | 1 | 0 | CIVIL COVER SHEET filed. (lcu) (Entered: 09/22/2014) | |||
| 2014-09-19 | 2 | 0 | COMPLAINT against Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Filing Fee $ 350.00, Receipt Number 465401105493)Document filed by Sanford L.P., Dymo B.V.B.A. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(lcu) (Entered: 09/22/2014) | |||
| 2014-09-19 | 3 | 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) (lcu) (Entered: 09/22/2014) | |||
| 2014-10-14 | 4 | 0 | SUMMONS RETURNED EXECUTED Summons and Complaint, served. Esselte Corporation served on 9/24/2014, answer due 10/15/2014. Document filed by Sanford L.P.; Dymo B.V.B.A.. (Whitmer, Frederick) (Entered: 10/14/2014) | |||
| 2014-10-16 | 5 | 0 | STIPULATION AND ORDER EXTENDING TIME TO RESPOND TO COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time for Defendant Esselte Corporation to move, answer or otherwise respond to the complaint is hereby extended up to and including November 14, 2014. There has been no previous request for extensions of time in connection with this mater. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/16/2014) (djc) Modified on 10/16/2014 (djc). (Entered: 10/16/2014) | |||
| 2014-11-07 | 6 | 0 | STIPULATION AND ORDER ACCEPTING SERVICE FOR FOREIGN PARTIES AND SETTING DEADLINE FOR FOREIGN PARTIES TO RESPOND TO THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the undersigned attorneys for ESSELTE AB and ESSELTE LEITZ GMBH & CO. KG, with the authority and direction of those entities hereby accept and acknowledge service of the summons and Complaint in this action as of the date of this Stipulation. It is further stipulated and agreed that the time for Defendants ESSELTE AB and ESSELTE LEITZ GMBH & CO. KG to move, answer or otherwise respond to the complaint is hereby extended up to and including January 28, 2015. And it is further stipulated and agreed that acceptance and acknowledgement of service shall not operate to waive or otherwise discharge any defense or claim those Defendants may have in this action, including without limitation, any objection to personal jurisdiction or venue. There has been no previous request for extensions of time in connection with this matter concerning these Defendants. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/7/2014) (djc) Modified on 11/7/2014 (djc). (Entered: 11/07/2014) | |||
| 2014-11-14 | 7 | 0 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Esselte AB for Esselte Corporation. Document filed by Esselte Corporation.(Wingfield, Calvin) (Entered: 11/14/2014) | |||
| 2014-11-14 | 8 | 0 | ANSWER to 2 Complaint,. Document filed by Esselte Corporation.(Wingfield, Calvin) (Entered: 11/14/2014) | |||
| 2014-11-19 | 9 | 0 | MOTION for Martin C. Gomez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10332069. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(Gomez, Martin) (Entered: 11/19/2014) | |||
| 2014-11-19 | 10 | 0 | MOTION for Robert Frederickson III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10332107. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order)(Frederickson, Robert) (Entered: 11/19/2014) | |||
| 2014-11-21 | 11 | 0 | ORDER granting 9 Motion for Martin C. Gomez to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 11/21/2014) | |||
| 2014-11-21 | 12 | 0 | ORDER granting 10 Motion for Robert Frederickson III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 11/21/2014) | |||
| 2014-11-26 | 13 | 0 | NOTICE OF APPEARANCE by Charles Howard Sanders on behalf of Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Sanders, Charles) (Entered: 11/26/2014) | |||
| 2014-12-02 | 14 | 0 | MOTION for Douglas J. Kline to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10363879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Kline, Douglas) (Entered: 12/02/2014) | |||
| 2014-12-03 | 15 | 0 | ORDER granting 14 Motion for Douglas J. Kline to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 12/03/2014) | |||
| 2014-12-08 | 16 | 0 | ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 2/11/2015 at 11:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (See Order.) (Signed by Judge Vernon S. Broderick on 12/8/2014) (ajs) (Entered: 12/08/2014) | |||
| 2014-12-09 | 17 | 0 | MOTION for Mitchell G. Stockwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10390876. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Stockwell, Mitchell) (Entered: 12/09/2014) | |||
| 2014-12-09 | 18 | 0 | MOTION for Richard W. Goldstucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10391024. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Goldstucker, Richard) (Entered: 12/09/2014) | |||
| 2014-12-10 | 19 | 0 | MOTION for Vaibhav P. Kadaba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10395310. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order)(Kadaba, Vaibhav) (Entered: 12/10/2014) | |||
| 2014-12-10 | 20 | 0 | ORDER granting 17 Motion for Mitchell G. Stockwell to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 12/10/2014) | |||
| 2014-12-10 | 21 | 0 | ORDER granting 18 Motion for Richard W. Goldstucker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 12/10/2014) | |||
| 2014-12-10 | 22 | 0 | ORDER granting 19 Motion for Vaibhav P. Kadaba to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 12/10/2014) | |||
| 2014-12-18 | 23 | 0 | LETTER MOTION for Conference /pre-motion conference addressed to Judge Vernon S. Broderick from Frederick L. Whitmer dated 12/18/2014. Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 12/18/2014) | |||
| 2014-12-22 | 24 | 0 | LETTER addressed to Judge Vernon S. Broderick from Frederick L. Whitmer dated December 22, 2014 re: filing of the motion for judgment on the pleadings with the application for preliminary injunctive relief. Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 12/22/2014) | |||
| 2014-12-23 | 25 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline dated December 23, 2014 re: Response to Plaintiffs' Letter Filed December 18, 2014 (Dkt. # 23). Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 12/23/2014) | |||
| 2014-12-24 | 26 | 0 | ORDER granting 23 Letter Motion for Conference. By December 30, 2014, the parties shall submit a single joint letter of no more than three pages proposing a stipulated schedule for expedited discovery and briefing on Plaintiffs' motion for a preliminary injunction, to the extent the parties can reach agreement, and listing the specific areas of disagreement requiring my resolution. The Court will be available for a telephonic status conference on December 31, 2014, at 12:00 pm in the event it should be necessary. The Clerk of Court is respectfully directed to terminate the pending letter motion. (Doc. 23.) Telephone Conference set for 12/31/2014 at 12:00 PM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 12/24/2014) (mro) (Entered: 12/24/2014) | |||
| 2014-12-24 | 27 | 0 | MOTION for Preliminary Injunction . Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 12/24/2014) | |||
| 2014-12-24 | 28 | 0 | DECLARATION of Charles M. Curley in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit 32, # 6 Exhibit Exhibit 33)(Whitmer, Frederick) (Entered: 12/24/2014) | |||
| 2014-12-24 | 29 | 0 | DECLARATION of Christine E. Hermann in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit Exhibit 31)(Whitmer, Frederick) (Entered: 12/24/2014) | |||
| 2014-12-24 | 30 | 0 | DECLARATION of John Stevens in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 12/24/2014) | |||
| 2014-12-24 | 31 | 0 | CERTIFICATE OF SERVICE of Plaintiffs Notice of Motion for a Preliminary Injunction; Plaintiffs Brief in Support of Motion for Preliminary Injunction, the Declaration of Robert Zeidman, dated December 18, 2014 and exhibits thereto; the Declaration of Robert Kibbe, dated December 18, 2014 and exhibits thereto; the Declaration of Angie Shelton, dated December 22, 2014 and exhibits thereto; the Declaration of David Nesfeder, dated December 22, 2014 and exhibits thereto; the Declaration of John Stevens, dated December 19, 2014 and exhibits thereto; the Declaration of Christine E. Hermann, dated December 22, 2014 and exhibits thereto; the Declaration of Charles M. Curley, dated December 23, 2014 and exhibits thereto; and the Proposed Order Permitting Filing Under Seal of Certain Materials served on Esselte AB, Esselte Leitz GMBH & CO. KG, and Esselte Corporation on December 24, 2014. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 12/24/2014) | |||
| 2014-12-29 | 32 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline dated December 29, 2014 re: In Response to Letter Filed by Plaintiff on December 22, 2014 (Dkt. No. 24). Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 12/29/2014) | |||
| 2014-12-30 | 33 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline and Frederick L. Whitmer dated December 30, 2014 re: Briefing Schedule. Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 12/30/2014) | |||
| 2014-12-31 | 34 | 0 | MEMO ENDORSEMENT on re: 33 Letter filed by Esselte Corporation. ENDORSEMENT: Application granted. The parties' proposed schedule is approved. The telephonic conference scheduled for December 31, 2014, is adjourned sine die. A hearing on Plaintiffs' motion for a preliminary injunction shall take place on Thursday, February 26, 2015, at 10:00 am in Courtroom 518 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York. The parties shall advise the court by January 9, 2015, if they intend to present live testimony at the hearing, in which case the hearing may be rescheduled to allow for more time. Plaintiffs' request to file a motion for judgment on the pleadings alongside their motion for a preliminary injunction is DENIED without prejudice. I will evaluate any issues relating to assignor estoppel on the basis of the preliminary injunction briefing and record. Should it become apparent that a motion for judgment on the pleadings would also be appropriate, I would permit Plaintiffs to make such a motion and would require only minimal additional briefing, if any. So ordered., Set Deadlines/Hearing as to 33 Letter, 27 MOTION for Preliminary Injunction . :( Motion Hearing set for 2/26/2015 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/31/2014) (lmb) (Entered: 12/31/2014) | |||
| 2015-01-05 | 35 | 0 | ORDER: The initial conference previously scheduled for February 11, 2015 at 11:30 a.m. is adjourned sine die in light of the Preliminary Hearing scheduled for February 26, 2015 at 10:00 a.m. (Signed by Judge Vernon S. Broderick on 1/5/2015) (lmb) (Entered: 01/05/2015) | |||
| 2015-01-08 | 36 | 0 | DISCOVERY CONFIDENTIALITY ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 1/8/2015) (lmb) (Entered: 01/08/2015) | |||
| 2015-01-09 | 37 | 0 | LETTER addressed to Judge Vernon S. Broderick from Frederick L. Whitmer and Douglas J. Kline dated January 9, 2015 re: both parties intention to present live testimony at the Preliminary Injunction Hearing. Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 01/09/2015) | |||
| 2015-01-14 | 38 | 0 | MEMO ENDORSEMENT on re: 37 Letter, filed by Dymo B.V.B.A., Sanford L.P. ENDORSEMENT: The Preliminary Injunction Hearing is scheduled to begin on February 23, 2015 at 10:00 a.m. and continue through February 24, 2015 in courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007., Set Deadlines/Hearing as to 37 Letter, 27 MOTION for Preliminary Injunction . :( Motion Hearing set for 2/23/2015 at 10:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 1/14/2015) (lmb) (Entered: 01/14/2015) | |||
| 2015-01-26 | 39 | 0 | MOTION for Jeffrey Howard Fisher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10534772. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dymo B.V.B.A., Sanford L.P..(Fisher, Jeffrey) (Entered: 01/26/2015) | |||
| 2015-01-29 | 40 | 0 | ORDER granting 39 Motion for Jeffrey Howard Fisher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (Broderick, Vernon) (Entered: 01/29/2015) | |||
| 2015-02-02 | 41 | 0 | STIPULATION AND ORDER EXTENDING TIME TO RESPOND: IT IS HEREBY STIPULATED) AND AGREED by and between the undersigned attorneys for the parties that the time for Defendants ESSELTE AB and ESSELTE LEITZ GMBH & CO. KG to move, answer or otherwise respond to the complaint is hereby extended up to and including February 9, 2015. There has been only one previous request for extensions of time in connection with this matter concerning these Defendants and this request is being done to facilitate the conduct of this action. (Signed by Judge Vernon S. Broderick on 2/2/2015) (mt) (Entered: 02/02/2015) | |||
| 2015-01-30 | 42 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 02/02/2015) | |||
| 2015-02-09 | 43 | 0 | CERTIFICATE OF SERVICE of Reply In Support of Motion for Preliminary Injunction and Supporting Documents served on Robert Frederickson III on 02/09/2015. Service was made by Electronic Mail. Document filed by Dymo B.V.B.A., Sanford L.P.. (Goldstucker, Richard) (Entered: 02/09/2015) | |||
| 2015-02-10 | 44 | 0 | STIPULATION AND ORDER EXTENDING TIME TO RESPOND: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time for Defendants ESSELTE AB and ESSELTE LEITZ GMBH & CO. KG to move, answer or otherwise respond to the complaint is hereby extended up to and including March 2, 2015. Counsel for the parties are currently briefing and taking expedited discovery in connection with Plaintiffs' Motion for a Preliminary Injunction (Dkt. 27). Plaintiffs' reply brief is due today, and the Court has scheduled a hearing on Plaintiffs' Motion for February 23 and February 24, 2015. In addition, counsel for the parties are attempting to resolve issues regarding these Defendants without involving the Court. Drafts of proposed amended complaints and stipulations have been exchanged, and counsel have been conferring with each other and their respective clients. Accordingly, this request is being done to facilitate the conduct of this action. There have been two previous requests for extensions of time in connection with this matter concerning these Defendants., Esselte AB answer due 3/2/2015; Esselte Leitz Gmbh & Co. KG answer due 3/2/2015. (Signed by Judge Vernon S. Broderick on 2/10/2015) (lmb) (Entered: 02/10/2015) | |||
| 2015-02-12 | 45 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline dated February 12, 2015 re: Delivery of Courtesy Copy of Defendant's Sur-reply in Connection with Plaintiff's Motion for Preliminary Injunction. Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 02/12/2015) | |||
| 2015-02-13 | 46 | 0 | MEMO ENDORSEMENT on re: 45 Letter, Esselte intends to file a sur-reply paper and supporting papers on February 19, 2015 filed by Esselte Corporation. ENDORSEMENT: APPLICATION GRANTED. Esselte shall provide the Court with courtesy copies of its sur-reply and supporting papers by 2:00 p.m. on February 19, 2015. (Signed by Judge Vernon S. Broderick on 2/13/2015) (spo) (Entered: 02/13/2015) | |||
| 2015-02-13 | 47 | 0 | ORDER: In connection with the preliminary injunction hearing, by February 18, 2015, the parties shall jointly submit the following: 1. A list of all witnesses, indicating whether such witnesses will testify in person, by deposition, or by affidavit, and a brief summary of the substance of each witness's testimony as further set forth in this order. To the extent the parties intend to utilize the courtroom's electronics or other equipment during the hearing, they should contact my Deputy Clerk Mrs. Williams by February 18, 2015. The parties are advised that in observance of the federal holiday, the Courthouse is closed on February 16, 2015. (Signed by Judge Vernon S. Broderick on 2/13/2015) (lmb) (Entered: 02/13/2015) | |||
| 2015-02-18 | 48 | 0 | NOTICE of Joint Submission Regarding the Preliminary Injunction Hearing re: 47 Order,,. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 1 - DYMO Deposition Designations, # 2 Exhibit 2 - Esselte Deposition Designations, # 3 Exhibit 3 - DYMO Exhibit List, # 4 Exhibit 4 - Esselte Exhibit List)(Stockwell, Mitchell) (Entered: 02/18/2015) | |||
| 2015-02-18 | 49 | 0 | CERTIFICATE OF SERVICE of Second Declaration of David Neal served on Robert Frederickson on 02/18/2015. Service was made by electronic mail. Document filed by Dymo B.V.B.A., Sanford L.P.. (Stockwell, Mitchell) (Entered: 02/18/2015) | |||
| 2015-02-19 | 50 | 0 | ORDER: It is hereby ORDERED that the following attorney(s) are authorized to bring the Personal Electronic Device(s) and/or the General Purpose Computing Device(s) (collectively, "Devices") listed below into the Courthouse for use in a proceeding or trial in the action captioned SANFORD L.P. (d/b/a DYMO), and DYMO B.V.B.A. v. ESSELTE AB, ESSELTE LEITZ GMBH & CO. KG, and ESSELTE CORPORATION, No. 1:14-cv-07616-VSB. The date(s) for which such authorization is provided is (are) February 20, 2015, February 23, 2015, February 24, 2015 as further set forth in this order. (Signed by Judge Vernon S. Broderick on 2/19/2015) (lmb) (Entered: 02/19/2015) | |||
| 2015-02-19 | 51 | 0 | LETTER addressed to Judge Vernon S. Broderick from Robert Frederickson III dated February 19, 2015 re: Requesting Internet Access for PI Hearing. Document filed by Esselte Corporation. (Attachments: # 1 Proposed Order)(Frederickson, Robert) (Entered: 02/19/2015) | |||
| 2015-02-19 | 52 | 0 | SEALED DOCUMENT placed in vault.(nm) Modified on 2/20/2015 (nm). (Entered: 02/20/2015) | |||
| 2015-02-20 | 53 | 0 | ORDER AUTHORIZING USE OF INTERNET CONNECTIVITY DURING HEARING: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide parties in the Sanford L.P. (d/b/a DYMO) et al. v. Esselte AB et al. case with Internet connectivity and Remote Real Time Transcript feeds for the duration of the preliminary injunction hearing proceedings, set to begin on Monday, February 23, 2015. Courtroom Connect can proceed to make proper arrangements with the District Executive Office of the Court and the official court reporter. The approved attorneys and parties on the case are allowed to bring in the necessary electronic computing devices to connect to the Courtroom Connect service. (Signed by Judge Vernon S. Broderick on 2/20/2015) (lmb) (Entered: 02/20/2015) | |||
| 2015-02-20 | 54 | 0 | MEMO ENDORSEMENT on re: 48 Notice (Other), filed by Dymo B.V.B.A., Sanford L.P. ENDORSEMENT: Plaintiffs will be permitted to designate portions of Dr. Neal's deposition testimony. I do not require live testimony from Dr. Neal. If Defendants wish to cross-examine him, whether in my presence or on a video recording outside my presence, the parties shall propose a mutually agreeable method of doing so, consistent with Dr. Neal's availability as set forth in his second declaration. (Signed by Judge Vernon S. Broderick on 2/20/2015) (lmb) (Entered: 02/20/2015) | |||
| 2015-02-20 | 55 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline dated February 20, 2015 re: exhibits to be offered at the upcoming preliminary injunction hearing. Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 02/20/2015) | |||
| 2015-02-22 | 56 | 0 | Exhibit List DYMOs Updated Preliminary Injunction Hearing Exhibit List (list additional exhibits PX076 and PX077 from the list submitted to the court in the joint submission (D.I. 48)). Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 02/22/2015) | |||
| 2015-02-27 | 57 | 0 | NOTICE of Joint Submission Tendering Exhibits Used At Preliminary Injunction Hearing. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 1 - Plaintiffs' Exhibit List, # 2 Exhibit 2 - Defendant's Exhibit List)(Stockwell, Mitchell) (Entered: 02/27/2015) | |||
| 2015-02-27 | 58 | 0 | NOTICE OF CHANGE OF ADDRESS by Charles Howard Sanders on behalf of Esselte Corporation. New Address: Charles H. Sanders, Goodwin Procter LLP, 53 State Street, Boston, Massachusetts, USA 02109, 1-617-570-1000. (Sanders, Charles) (Entered: 02/27/2015) | |||
| 2015-03-02 | 59 | 0 | NOTICE of Stipulation to Extend Answer Deadline for Defendants Esselte AB and Esselte Leitz GmbH & Co, KG re: 44 Stipulation and Order, Set Deadlines,,,,,,,,,,. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/02/2015) | |||
| 2015-03-03 | 60 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 03/03/2015) | |||
| 2015-03-03 | 61 | 0 | STIPULATION TO EXTEND ANSWER DEADLINE FOR DEFENDANTS ESSELTE AB AND ESSELTE LEITZ GMBH & CO., KG: 1. Defendants Esselte AB and Esselte Leitz GmbH & Co. KG may move or otherwise respond to Plaintiffs' Complaint by no later than Friday, March 6, 2015; 2. Plaintiffs shall not file the First Amended Complaint before March 6, 2015; 3. Defendants shall not file any declaratory judgment action or otherwise seek declaratory relief in this Court, or any other, until after Plaintiffs file the First Amended Complaint; 4. Defendants Esselte AB and Esselte Leitz GmbH & Co. KG have previously received three extensions to respond to Plaintiffs' Complaint, but the parties are entering into this stipulation to facilitate the orderly progression of this action., Esselte AB answer due 3/6/2015; Esselte Leitz Gmbh & Co. KG answer due 3/6/2015. (Signed by Judge Vernon S. Broderick on 3/3/2015) (lmb) (Entered: 03/03/2015) | |||
| 2015-03-06 | 62 | 0 | FIRST AMENDED COMPLAINT amending 2 Complaint, against Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG, David Block with JURY DEMAND.Document filed by Sanford L.P., Dymo B.V.B.A.. Related document: 2 Complaint, filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9-10)(Whitmer, Frederick) (Entered: 03/06/2015) | |||
| 2015-03-06 | 63 | 0 | REQUEST FOR ISSUANCE OF SUMMONS as to David Block, re: 62 Amended Complaint,. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/06/2015) | |||
| 2015-03-06 | 64 | 0 | STIPULATION FOR FILING FIRST AMENDED COMPLAINT: Plaintiffs may file a First Amended Complaint by no later than Friday, March 6, 2015; Defendants shall move or otherwise respond to the Amended Complaint by Thursday, March 26, 2015; Plaintiffs shall file their opposition to any motion Defendants may choose to file by Monday, April 13, 2015; Defendants shall file their reply in support of any motion Defendants may choose to file by Thursday, April 23, 2015; The parties are entering into this stipulation to facilitate the orderly progression of this action. No prior request for this relief has been made. SO ORDERED. (Esselte AB answer due 3/26/2015; Esselte Corporation answer due 3/26/2015; Esselte Leitz Gmbh & Co. KG answer due 3/26/2015.) (Amended Pleadings due by 3/6/2015. Responses due by 4/13/2015, Replies due by 4/23/2015.) (Signed by Judge Vernon S. Broderick on 3/6/2015) (kko) (Entered: 03/06/2015) | |||
| 2015-03-09 | 65 | 0 | ELECTRONIC SUMMONS ISSUED as to David Block. (laq) (Entered: 03/09/2015) | |||
| 2015-03-10 | 66 | 0 | ORDER denying 27 Motion for Preliminary Injunction. Accordingly, DYMO's Motion for a Preliminary Injunction is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion. (Doc. 27.) A Memorandum and Order explaining my decision has been filed under seal because it relies upon material that the parties have designated as confidential and attorneys' eyes only. A copy of that decision is being provided to the parties simultaneously with the filing of this Order. By March 20, 2015, the parties shall provide the Court with proposed redactions to the Memorandum and Order. I will consider the parties' proposed redactions and will file a redacted version of the Memorandum and Order on the public docket. With the exception of some of DYMO's opening papers, (see Docs. 28-30), none of the parties' preliminary injunction papers have been filed on ECF. By March 20, 2015, the parties shall file all memoranda of law and supporting declarations and exhibits under seal with the Clerk of Court, if they have not already done so, and shall publicly file redacted versions on ECF. The parties are hereby authorized to redact material designated as confidential or attorneys' eyes only under the discovery confidentiality order. (Doc. 36.) (Signed by Judge Vernon S. Broderick on 3/10/2015) (lmb) (Entered: 03/10/2015) | |||
| 2015-03-12 | 67 | 0 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/12/2015) | |||
| 2015-03-17 | 68 | 0 | TRANSCRIPT of Proceedings re: TRIAL held on 2/23/2015 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Karen Gorlaski, (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 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015.(McGuirk, Kelly) (Entered: 03/17/2015) | |||
| 2015-03-17 | 69 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/23/2015 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: 03/17/2015) | |||
| 2015-03-17 | 70 | 0 | TRANSCRIPT of Proceedings re: TRIAL held on 2/24/2015 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Denise 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 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015.(McGuirk, Kelly) (Entered: 03/17/2015) | |||
| 2015-03-17 | 71 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 2/24/2015 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: 03/17/2015) | |||
| 2015-03-20 | 72 | 0 | MEMORANDUM OF LAW in Opposition re: 27 MOTION for Preliminary Injunction . . Document filed by Esselte Corporation. (Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 73 | 0 | DECLARATION of David Block (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-5, # 3 Exhibit 6-8)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 74 | 0 | DECLARATION of Philip Damiano (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibit 9-15)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 75 | 0 | DECLARATION of Christopher C. Barry (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibits 16-18)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 76 | 0 | MEMORANDUM OF LAW in Support re: 27 MOTION for Preliminary Injunction . (REDACTED VERSION). Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 77 | 0 | DECLARATION of David Nesfeder (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 28_Part 1, # 2 Exhibit 28_Part 2, # 3 Exhibit 28_Part 3, # 4 Exhibit 29)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 78 | 0 | DECLARATION of Kendyl A. Roman (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibit 19, # 2 Exhibit 20, # 3 Exhibit 21, # 4 Exhibit 22, # 5 Exhibit 23 1 to 10, # 6 Exhibit 23 11 to 22, # 7 Exhibit 24, # 8 Exhibits 25-26, # 9 Exhibit 27, # 10 Exhibit 28, # 11 Exhibit 29)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 79 | 0 | DECLARATION of Angie Shelton (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 17 - 19, # 2 Exhibit 20 - 23, # 3 Exhibit 24 - 26)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 80 | 0 | DECLARATION of Robert Kibbe (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 1 - 3, # 2 Exhibit 4 - 6, # 3 Exhibit 7 - 9, # 4 Exhibit 10 - 12, # 5 Exhibit 13 - 15)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 81 | 0 | DECLARATION of John Stevens (Doc. 30) (REDACTED VERSION) of Exhibit 27 in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 82 | 0 | DECLARATION of Robert Zeidman (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit A - C, # 2 Exhibit D - E)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 83 | 0 | DECLARATION of Charles Sanders (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibit 30, # 2 Exhibit 31, # 3 Exhibit 32, # 4 Exhibits 33-35, # 5 Exhibits 36-37, # 6 Exhibits 38-39, # 7 Exhibit 40, # 8 Exhibits 41-50, # 9 Exhibits 51-53, # 10 Exhibits 54-55, # 11 Exhibits 56-60, # 12 Exhibits 61-75)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 84 | 0 | REPLY MEMORANDUM OF LAW in Support re: 27 MOTION for Preliminary Injunction . (REDACTED VERSION). Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 85 | 0 | REPLY MEMORANDUM OF LAW in Opposition re: 27 MOTION for Preliminary Injunction . (SURREPLY) (REDACTED VERSION). Document filed by Esselte Corporation. (Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 86 | 0 | DECLARATION of Second Declaration of Charles Curley (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit E - G, # 2 Exhibit H - J)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 87 | 0 | DECLARATION of Christopher C. Barry (REPLY) (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 88 | 0 | DECLARATION of Second Declaration of David Neal (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 89 | 0 | DECLARATION of Second Declaration of Bob Zeidman (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit F)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 90 | 0 | DECLARATION of Kendyl A. Roman (SECOND) (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 91 | 0 | DECLARATION of Charles Sanders (SECOND) (REDACTED VERSION) in Opposition re: 27 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibits 76-82)(Kline, Douglas) (Entered: 03/20/2015) | |||
| 2015-03-20 | 92 | 0 | DECLARATION of Richard Goldstucker (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 36 - 38, # 2 Exhibit 39 - 41, # 3 Exhibit 42 - 44, # 4 Exhibit 45 - 47, # 5 Exhibit 48 - 50, # 6 Exhibit 51 - 53, # 7 Exhibit 54 - 56, # 8 Exhibit 57 - 59, # 9 Exhibit 60 - 61)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 93 | 0 | DECLARATION of David Neal (REDACTED VERSION) in Support re: 27 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Whitmer, Frederick) (Entered: 03/20/2015) | |||
| 2015-03-20 | 94 | 0 | SEALED DOCUMENT placed in vault.(nm) (Entered: 03/23/2015) | |||
| 2015-03-24 | 95 | 0 | NOTICE of Intent to Request Redaction by Frederick L. Whitmer re 68 Transcript,, 70 Transcript,,.(Whitmer, Frederick) (Entered: 03/24/2015) | |||
| 2015-03-26 | 96 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 03/26/2015) | |||
| 2015-03-26 | 97 | 0 | MOTION to Dismiss Count 9 of Plaintiffs' First Amended Complaint. Document filed by David Block.(Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 98 | 0 | MEMORANDUM OF LAW in Support re: 97 MOTION to Dismiss Count 9 of Plaintiffs' First Amended Complaint. . Document filed by David Block. (Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 99 | 0 | MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG.(Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 100 | 0 | MEMORANDUM OF LAW in Support re: 99 MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG. . Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 101 | 0 | DECLARATION of Douglas J. Kline in Support re: 99 MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG.. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Attachments: # 1 Exhibit 1 - Filed Under Seal)(Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 102 | 0 | DECLARATION of Philip Damiano in Support re: 99 MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG.. Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-03-26 | 103 | 0 | ANSWER to 62 Amended Complaint,. Document filed by Esselte Corporation.(Kline, Douglas) (Entered: 03/26/2015) | |||
| 2015-04-07 | 104 | 0 | FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION for Extension of Time to Respond to Answer and Motions to Dismiss Counts 6-10 of the First Amended Complaint. Document filed by Dymo B.V.B.A., Sanford L.P. (Whitmer, Frederick) Modified on 4/9/2015 (db). (Entered: 04/07/2015) | |||
| 2015-03-09 | 105 | 0 | MEMORANDUM & ORDER re: 27 MOTION for Preliminary Injunction . filed by Dymo B.V.B.A., Sanford L.P. For the foregoing reasons, DYMO has not made a clear showing that it is imminently likely to suffer substantial harm during this litigation, that any such harm would not be compensable with damages, or that any such harm would be causally related to Esselte's alleged infringement. Therefore, DYMO's Motion for a Preliminary Injunction is DENIED. The Clerk of Court is respectfully directed to terminate the pending Motion. (Doc. 27.) Any unnoted evidentiary objections inconsistent with my use of evidence in this decision are hereby DENIED, and the parties' remaining evidentiary objections are DENIED as moot. (Signed by Judge Vernon S. Broderick on 3/9/2015) (Attachments: # 1 part 2, # 2 part 3, # 3 part 4, # 4 part 5, # 5 part 6, # 6 part 7, # 7 part 8)(lmb) (Entered: 04/07/2015) | |||
| 2015-04-08 | 106 | 0 | STIPULATION FOR EXTENSION OF TIME TO RESPOND TO ANSWER AND MOTIONS TO DISMISS COUNTS 6-10 OF THE FIRST AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys for the parties that the time for Plaintiffs SANFORD L.P. (d/b/a DYMO) and DYMO B.V.B.A. to file any responses to Defendant ESSELTE CORPORATION's Answer (ECF No. 103), Defendants ESSELTE AB, ESSELTE LEITZ GMBH & CO. KG, and ESSELTE CORPORATION's Motion to Dismiss Counts 6-8 and 10 of the First Amended Complaint (ECF Nos. 99, 100), and Defendant DAVID BLOCK's Motion to Dismiss Count 9 of the First Amended Complaint (ECF Nos. 97, 98) are hereby extended up to and including April 16, 2015. Defendants' replies to any responses by Plaintiffs are likewise extended up to and including April 29, 2015 as further set forth in this order., ( Responses due by 4/16/2015., Replies due by 4/29/2015.), Motions terminated: 104 JOINT MOTION for Extension of Time to Respond to Answer and Motions to Dismiss Counts 6-10 of the First Amended Complaint. filed by Dymo B.V.B.A., Sanford L.P. (Signed by Judge Vernon S. Broderick on 4/8/2015) (lmb) (Entered: 04/08/2015) | |||
| 2015-04-13 | 107 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 04/13/2015) | |||
| 2015-04-16 | 108 | 0 | MEMORANDUM OF LAW in Opposition re: 99 MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG. . Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-16 | 109 | 0 | MOTION for Preliminary Injunction . Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-16 | 110 | 0 | MEMORANDUM OF LAW in Support re: 109 MOTION for Preliminary Injunction . . Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-16 | 111 | 0 | DECLARATION of Jeffrey Fisher in Support re: 109 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-16 | 112 | 0 | DECLARATION of Charles M. Curley in Support re: 109 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-16 | 113 | 0 | CERTIFICATE OF SERVICE of Plaintiff's Response to David Block's Motion to Dismiss (Under Seal) served on Esselte AB, Esselte Leitz GMBH & Co., KG, Esselte Corporation, David Block on 04/16/2015. Service was made by Electronic Mail. Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 04/16/2015) | |||
| 2015-04-17 | 114 | 0 | ORDER. The parties' proposed redactions to the transcript of the preliminary injunction hearing that took place on February 23 and 24 are approved. The Court Reporter is respectfully directed to redact the transcript, (Docs. 68, 70), in accordance with the parties' proposed redactions and to file the redacted version on the public docket. (Signed by Judge Vernon S. Broderick on 4/17/2015) (rjm) (Entered: 04/17/2015) | |||
| 2015-04-22 | 115 | 0 | LETTER addressed to Judge Vernon S. Broderick from Douglas J. Kline dated April 22, 2015 re: request that the Court defer briefing and consideration of Plaintiffs' second preliminary injunction motion (Dkt 109-10). Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG.(Kline, Douglas) (Entered: 04/22/2015) | |||
| 2015-04-27 | 116 | 0 | LETTER addressed to Judge Vernon S. Broderick from Frederick L. Whitmer dated April 27, 2015 re: opposition to Defendants' letter (Dkt. 115). Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 04/27/2015) | |||
| 2015-04-28 | 117 | 0 | MEMO ENDORSEMENT on re: 115 Letter filed by Esselte AB, Esselte Leitz Gmbh & Co. KG, Esselte Corporation. ENDORSEMENT: The parties shall proceed with briefing on DYMO's motion for a preliminary injunction. Esselte's opposition shall be due May 13, 2015, and DYMO's reply shall be due May 27, 2015. I will hold Tuesday, June 16, 2015 open for a hearing on both motions. Given that the motions largely present issues of law, I envision that the hearing would consist primarily of oral argument, which I may determine is not necessary after reviewing the papers. The parties should file a joint letter by June 2 generally describing any evidence they would intend to present at a hearing. SO ORDERED. ( Responses due by 5/13/2015, Replies due by 5/27/2015.) (Signed by Judge Vernon S. Broderick on 4/28/2015) (ama) (Entered: 04/28/2015) | |||
| 2015-04-29 | 118 | 0 | REPLY MEMORANDUM OF LAW in Support re: 99 MOTION to Dismiss Counts 6-8 and 10 of Plaintiffs' First Amended Complaint and to Dismiss Esselte AB and Esselte Leitz GmbH & Co. KG. . Document filed by Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG. (Kline, Douglas) (Entered: 04/29/2015) | |||
| 2015-04-29 | 119 | 0 | SEALED DOCUMENT placed in vault.(mps) (Entered: 04/30/2015) | |||
| 2015-05-13 | 120 | 0 | MEMORANDUM OF LAW in Opposition re: 109 MOTION for Preliminary Injunction . . Document filed by Esselte Corporation. (Kline, Douglas) (Entered: 05/13/2015) | |||
| 2015-05-13 | 121 | 0 | DECLARATION of Robert Frederickson III in Opposition re: 109 MOTION for Preliminary Injunction .. Document filed by Esselte Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kline, Douglas) (Entered: 05/13/2015) | |||
| 2015-05-27 | 122 | 0 | REPLY MEMORANDUM OF LAW in Support re: 109 MOTION for Preliminary Injunction . . Document filed by Dymo B.V.B.A., Sanford L.P.. (Whitmer, Frederick) (Entered: 05/27/2015) | |||
| 2015-05-27 | 123 | 0 | DECLARATION of Richard Goldstucker in Support re: 109 MOTION for Preliminary Injunction .. Document filed by Dymo B.V.B.A., Sanford L.P.. (Attachments: # 1 Exhibit 3A)(Whitmer, Frederick) (Entered: 05/27/2015) | |||
| 2015-06-02 | 124 | 0 | JOINT LETTER addressed to Judge Vernon S. Broderick from Frederick L. Whitmer and Robert Frederickson III dated 06/02/2015 re: Presentation of Evidence at Hearing Set for June 16, 2015 (Pursuant to Dkt. 117). Document filed by Dymo B.V.B.A., Sanford L.P..(Whitmer, Frederick) (Entered: 06/02/2015) | |||
| 2015-06-12 | 125 | 0 | MEMO ENDORSEMENT on re: 124 Letter, filed by Dymo B.V.B.A., Sanford L.P. ENDORSEMENT: The Motion Hearing scheduled for June 16, 2015, is hereby adjourned sine die. (Signed by Judge Vernon S. Broderick on 6/12/2015) (lmb) (Entered: 06/12/2015) | |||
| 2015-09-16 | 126 | 0 | MEMORANDUM & ORDER denying 109 Motion for Preliminary Injunction. Because I find that DYMO is unlikely to succeed in showing that Esselte breached the Forum Selection Clause, and DYMO will not suffer irreparable harm from Esselte merely taking a position before the PTAB that might subsequently be determined to be barred by the doctrine of assignor estoppel, DYMO's motion for a preliminary injunction to enjoin Esselte from participating in IPR is DENIED. DYMO's second motion for a preliminary injunction is DENIED. The Clerk of Court is respectfully directed to terminate the pending motion at Doc. 109. (As further set forth in this Order.) (Signed by Judge Vernon S. Broderick on 9/16/2015) (kko) (Entered: 09/16/2015) | |||
| 2015-10-08 | 127 | 0 | MOTION for Charles H. Sanders to Withdraw as Attorney . Document filed by Esselte Corporation. (Attachments: # 1 Proposed Order)(Sanders, Charles) (Entered: 10/08/2015) | |||
| 2015-10-09 | 128 | 0 | ORDER APPROVING WITHDRAWAL OF COUNSEL granting 127 Motion to Withdraw as Attorney. The motion to withdraw the appearance of Charles H. Sanders as counsel of record for Defendant Esselte Corporation pursuant to Local Civil Rule 1.4 of the Local Rules of this Court, is hereby GRANTED. Attorney Charles Howard Sanders terminated. (Signed by Judge Vernon S. Broderick on 10/9/2015) (lmb) (Entered: 10/09/2015) | |||
| 2016-01-04 | 129 | 0 | FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) David Block, Esselte AB, Esselte Corporation, Esselte Leitz Gmbh & Co. KG and Without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Sanford L.P., Dymo B.V.B.A..(Whitmer, Frederick) Modified on 1/5/2016 (jk). (Entered: 01/04/2016) | |||
| 2016-01-07 | 130 | 0 | JOINT STIPULATED DISMISSAL WITH PREJUDICE: Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, Plaintiffs Sanford L.P. (d/b/a DYMO), DYMO B.V.B.A. and Newell Rubbermaid, Inc. (collectively, "Plaintiffs") and Defendants Esselte AB, Esselte Leitz GmbH & Co. KG, Esselte Corporation, and David Block (collectively, "Defendants") hereby jointly stipulate to dismissal WITH PREJUDICE, and in their entirety, of all claims brought by Plaintiffs against Defendants, with party to bear its own costs, expenses and attorneys' fees. (Signed by Judge Vernon S. Broderick on 1/6/2016) (cdo) (Entered: 01/07/2016) | |||
| 2016-01-07 | 131 | 0 | AO 120 FORM PATENT - CASE TERMINATED - SUBMITTED. In compliance with the provisions of 35 U.S.C. 290, the Director of the U.S. Patent and Trademark Office is hereby advised that a final decision was rendered on 1/7/2016 in a court action filed on the following patent(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (cdo) (Entered: 01/14/2016) |