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| Date Filed | # | Document Text |
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| March 4, 2005 | 1 | COMPLAINT against Australian Gold, Inc. filing fee $ 250, receipt number 306687, filed by S & L Vitamins, Inc.. (Attachments: # 1 Civil Cover Sheet)(Duong, Susan) |
| March 4, 2005 | 2 | Notice of Report on the filing of an action regarding a Patent, Trademark or Copyright Infringement. (Duong, Susan) |
| May 2, 2005 | 3 | NOTICE of Appearance by Francis J Earley on behalf of Australian Gold, Inc. (Earley, Francis) |
| May 4, 2005 | 4 | Letter from Francis J. Earley to Judge Joanna Seybert Regarding Extension of time to answer the complaint. (Earley, Francis) |
| May 20, 2005 | 5 | Corporate Disclosure Statement by Australian Gold, Inc.. (Earley, Francis) |
| May 20, 2005 | 6 | Defendant's ANSWER to Complaint , Affirmative and other Defenses, COUNTERCLAIM against S & L Vitamins, Inc. by Australian Gold, Inc.. (Attachments: # 1 Exhibit A Part 1 of 2# 2 Exhibit A Part 2 of 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Earley, Francis) |
| May 24, 2005 | 7 | THIRD PARTY COMPLAINT against John Does 1-10, Larry Sagarin, filed by Australian Gold, Inc., Australian Gold, Inc.. (Attachments: # 1 Exhibit A Part 1 of 2# 2 Exhibit A Part 2 of 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Earley, Francis) |
| June 9, 2005 | 8 | AFFIDAVIT of Service for Third Party Summons and Third Party Complaint served on Larry Sagarin on 6/2/05, filed by Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| June 9, 2005 | 9 | STIPULATION Extending Time to Answer etc. by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin. (Coleman, Ronald) |
| June 10, 2005 | 10 |  STIPULATION AND ORDER: to extend the time for Larry Sagarin and John Does 1-10 to answer or move until 6/30/05. Ordered by Judge Michael L. Orenstein on 6/10/05. (Imrie, Robert) |
| June 30, 2005 | 11 | First MOTION to Dismiss Counterclaims and Third Party Complaint by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin. Responses due by 7/14/2005 (Coleman, Ronald) |
| June 30, 2005 | 12 | BRIEF IN SUPPORT Re: First MOTION to Dismiss Counterclaims and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin. Responses due by 7/14/2005 (Attachments: #(1) Text of Proposed Order; #(2)(Coleman, Ronald) Modified on 7/1/2005 (Valle, Christine). |
| July 7, 2005 | 13 | Notice of MOTION for Leave to Appear Pro Hac Vice on behalf of Michael Wukmer and Scott Matthews by Australian Gold, Inc.. (Earley, Francis) Additional attachment(s) added on 8/2/2005 (Valle, Christine). |
| July 7, 2005 | 14 | PROPOSED Order admitting Michael Wukmer and Scott Matthews by Australian Gold, Inc. Re: 13 Motion for Leave to Appear Pro Hac Vice. (Earley, Francis) Modified on 7/8/2005 (Valle, Christine). |
| July 11, 2005 | 15 | STIPULATION re 11 First MOTION to Dismiss Counterclaims and Third Party Complaint Extending Counterclaim Plaintiff/Third Party Plaintiff's time to oppose by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| July 14, 2005 | 16 | Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding updated Certificates of Good Standing for Michael Wukmer and Scott Matthews. (Earley, Francis) |
| July 18, 2005 | 17 | ORDER granting 13 Motion for Michael A. Wukmer Leave to Appear Pro Hac Vice on behalf of deft Australian Gold for all purposes in this action. Ordered by JudgeMichael L. Orenstein on 7/18/05. (Imrie, Robert) |
| July 18, 2005 | 18 | ORDER granting 13 Motion for Scott D. Matthews Leave to Appear Pro Hac Vice on behalf of deft Australian Gold for all purposes in this action. Ordered by JudgeMichael L. Orenstein on 7/18/05.(Imrie, Robert) |
| July 25, 2005 | 19 | Minute Entry for proceedings held before Michael L. Orenstein : Initial Conference Hearing held on 7/25/2005. Scheduling Order entered. (Imrie, Robert) |
| July 25, 2005 | 20 | SCHEDULING ORDER: Status Conference set for 10/20/2005 11:30 AM before Chief Magistrate Michael L. Orenstein. Amended Pleadings due by 11/30/2005. Discovery due by 3/31/2006 (fact) 6/30/06 (expert). Joinder of Parties due by 11/30/2005. Motions due by 8/1/2006. Ordered by Judge Michael L. Orenstein on 7/25/05. (Imrie, Robert) |
| July 28, 2005 | 21 | Letter from Francis J. Earley, Esq. to David Stein, Esq., cc: Hon. Joanna Seybert, Hon. Michael Orenstein, and Scott Matthews, Esq. Regarding Amended Pleading in Lieu of an Opposition to S&L Vitamins' Motion to Dismiss. (Earley, Francis) |
| July 28, 2005 | 22 | AMENDED ANSWER to the Original Complaint 1 Complaint, THIRD PARTY COMPLAINT against John Does 1-10, Larry Sagarin, COUNTERCLAIM against S & L Vitamins, Inc., S & L Vitamins, Inc. by Australian Gold, Inc.. (Attachments: # 1 Exhibit A - 1 of 2# 2 Exhibit A - 2 of 2# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F# 8 Exhibit G)(Earley, Francis) |
| August 1, 2005 | 23 | AFFIDAVIT of Service Re: Magistrate Judge M. Orenstein's Orders dated 7/18/05 served upon Ronald D. Coleman on 7/28/05, filed by Australian Gold, Inc. (Valle, Christine) |
| August 10, 2005 | 24 | STIPULATION Stipulated Protective Order by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| August 11, 2005 | 25 | PROTECTIVE ORDER. Ordered by Judge Michael L. Orenstein on 8/11/05. (Imrie, Robert) |
| August 18, 2005 | 26 | First MOTION to Dismiss and for Judgment on the Pleadings by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. Responses due by 9/7/2005 (Attachments: # 1 # 2 Text of Proposed Order # 3)(Coleman, Ronald) |
| August 18, 2005 | 27 | MEMORANDUM OF LAW Re: 26 MOTION to Dismiss by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc. Responses due by 9/7/2005 (Coleman, Ronald) Modified on 8/19/2005 (Valle, Christine). |
| August 18, 2005 | 28 | ANSWER to Counterclaim and Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc..(Coleman, Ronald) |
| August 22, 2005 | 29 | Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding S & L Vitamins failure to comply with the Court Order to provide the names of its suppliers; and therefore, we request that the Court dismiss S & L Vitamins complaint and enter an injunction barring S & L Vitamins from selling Australian Gold products on the internet. (Earley, Francis) |
| August 1, 2005 | 30 | AFFIDAVIT of Service Re: 17 & 18 Orders, dated 7/18/05 granting Pro Hac Vice admissions served upon Ronald D. Coleman on 7/28/05, filed by Australian Gold, Inc. (Valle, Christine) |
| August 23, 2005 | 31 | Letter from Coleman Law Firm to Hon. Michael L. Orenstein, USMJ Regarding Defendant's correspondence concerning disclosures. (Coleman, Ronald) |
| August 24, 2005 | 32 | Notice of MOTION to Amend/Correct 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Attachments: # 1 Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 2 Exhibit A Part 1 of 4 to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 3 Exhibit A - Part 2 of 4 to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 4 Exhibit A - Part 3 of 4 to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 5 Exhibit A - Part 4 of 4 to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 6 Exhibit B to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 7 Exhibit C to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 8 Exhibit D to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 9 Exhibit E to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 10 Exhibit F to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 11 Exhibit G to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint# 12 Exhibit H to Exhibit A - Australian Gold Second Answer, Affirmative and other Defenses and Amended Counterclaims and Amended Third Party Complaint)(Earley, Francis) Additional attachment(s) added on 9/6/2005 - Cover Letter dated 8/25/05. (Valle, Christine). |
| August 24, 2005 | 33 | MEMORANDUM in Support re 32 Notice of MOTION to Amend/Correct 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| August 25, 2005 | 34 | Letter from Raymond P. Corona, Assistant Managing Clerk to Docket Clerk Regarding the August 24, 2005 ECF filing where I inadvertently neglected to electronically file the attached Proposed Order to Defendant/Third Party Plaintiff, Australian Gold, Inc.s Motion To Amend Its Answer, Counterclaims and Third Party Complaint. Please find attached the said Proposed Order.. (Attachments: # 1 Text of Proposed Order to Defendant/Third Party Plaintiff, Australian Gold, Inc.s Motion to Amend Its Answer, Counterclaims and Third Party Complaint)(Earley, Francis) |
| August 24, 2005 | 35 | ORDER re 31 Letter: Court is pleased that the plaintiffs have provided the required disclosure. Nevertheless, to commence a DJ application without providing the adversary with required information is contrary to plaintiffs new spirit of cooperation. Ordered by Judge Michael L. Orenstein on 8/24/05. (Imrie, Robert) |
| August 30, 2005 | 36 | RESPONSE to Motion re 32 Notice of MOTION to Amend/Correct 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim, filed by S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, S & L Vitamins, Inc.. (Stein, David) |
| September 1, 2005 | 37 | MEMORANDUM in Opposition re 26 First MOTION to Dismiss and for Judgment on the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| September 8, 2005 | 38 | ORDER re: 32 Motion to Amend/Correct is GRANTED. Australian Gold shall file its Amended Answer within 10 days of the date of this Order. Ordered by Judge Joanna Seybert on 9/8/2005. (c/ECF - counsel directed to notify all parties of this Order) (Nohs, Bonnie) |
| September 14, 2005 | 39 | AMENDED ANSWER to Complaint 22 Amended Answer to Complaint,, Third Party Complaint,, Counterclaim,, 7 Third Party Complaint,, 1 Complaint, Second THIRD PARTY COMPLAINT against Larry Sagarin, Larry Sagarin, Second COUNTERCLAIM against S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc. by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Attachments: # 1 Exhibit A - 1 of 4# 2 Exhibit A - 2 of 4# 3 Exhibit A - 3 of 4# 4 Exhibit A - 4 of 4# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H)(Earley, Francis) |
| October 20, 2005 | 40 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/20/2005. Discovery due by 3/31/2006. Pretrial Conference set for 4/14/2006 10:00 AM before Chief Magistrate Michael L. Orenstein. Court encouraged counsel to go back to clients and recommend they reach a settlement. (Imrie, Robert) |
| November 4, 2005 | 42 | MOTION to Compel Production of Documents by Non-Party Witness by Australian Gold, Inc. (Earley, Francis) (Unredacted version filed under seal) Modified on 11/7/2005 (Valle, Christine). |
| November 4, 2005 | 43 | AFFIDAVIT in Support re 42 MOTION to Compel Production of Documents by Non-Party Witness Declaration of Scott D. Mattews including Exhibits 1 and 2 filed by Australian Gold, Inc. (Earley, Francis) (Unredacted version filed under seal) Modified on 11/7/2005 (Valle, Christine). |
| November 4, 2005 | 44 | MEMORANDUM in Support re 42 MOTION to Compel Production of Documents by Non-Party Witness by Australian Gold, Inc. (Earley, Francis) (Unredacted version filed under seal) Modified on 11/7/2005 (Valle, Christine). |
| November 18, 2005 | 45 | Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding Docket #42 - Motion to Compel Production of Documents by Non-Party Witness. (Earley, Francis) |
| November 21, 2005 | 46 | Letter from David Stein to Judge Orenstein Regarding Subpoenas to Suppliers. (Stein, David) |
| November 23, 2005 | 47 | Letter from Francis J. Earley, Esq. to Magistrate Judge Michael L. Orenstein Regarding response to Plaintiff's Letter dated November 21, 2005. (Earley, Francis) |
| November 21, 2005 | 49 | ORDER granting 42 Motion to Compel, there being no opposition. The non-party tanning entity is directed to provide to the defendant the documents subpoenaed by 12/9/05. The Court denies the application for attorney's fees and costs. The deft is directed to servea copy of the order upon the non-party tanning entity by 11/28/05. Ordered by JudgeMichael L. Orenstein on 11/21/05. (Imrie, Robert) |
| November 30, 2005 | 51 | MOTION for Extension of Time to Amend 39 Amended Answer to Complaint,,, Third Party Complaint,,, Counterclaim,, to Extend Time to Join Additional Parties and Amend the Pleadings by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 1, 2005 | 52 | ORDER: that the attorney's for the respective parties are directed to appear before the undersigned for a conference to discuss the course of discovery and defendant's application for an extention of time to join and indentify additional third party defendants. Such in person conference shall be held on 12/23/05 at 11:30 a.m. Counsel shall produce the President's of their respective clients. Ordered by Judge Michael L. Orenstein on 12/1/05. (Imrie, Robert) |
| December 8, 2005 | 53 | MOTION to Compel Production of Documents by non-parties by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 8, 2005 | 54 | AFFIDAVIT in Support re 53 MOTION to Compel Production of Documents by non-parties Declaration of Scott D. Matthews filed by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 8, 2005 | 55 | AFFIDAVIT in Support re 53 MOTION to Compel Production of Documents by non-parties Declaration of Francis J. Earley filed by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 8, 2005 | 56 | MEMORANDUM in Support re 53 MOTION to Compel Production of Documents by non-parties by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 13, 2005 | 57 | Letter from Francis J. Earley, Esq to Honorable Michael L. Orenstein Regarding rescheduling 12/23/05 conference. (Earley, Francis) |
| December 14, 2005 | 58 | ORDER re 57 Letter: Conference adjourned and rescheduled to 12/20/05 at 4:00 p.m. Ordered by Judge Michael L. Orenstein on 12/14/05. (Imrie, Robert) |
| December 20, 2005 | 59 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 12/20/2005, Status Conference set for 3/31/2006 10:30 AM before Chief Magistrate Michael L. Orenstein. Court extended time to serve and file an amended third-party complaint adding third-party defts to 2/15/06 except that the non-party who served a response to the Rule 45 subpoena shall be joined by 1/19/06. Scheduling Order remains intact otherwise. (Imrie, Robert) |
| January 5, 2006 | 60 | NOTICE of Change of Firm Name and Address by Scott D Matthews Notice of Change of Firm Form and Name (Matthews, Scott) |
| January 6, 2006 | 61 | Letter by S & L Vitamins, Inc., Larry Sagarin. (Stein, David) |
| January 31, 2006 | 65 | ORDER: the deft/counterclaimant and third party plaintiff moves for an order granting it the right to release the identity of an added third party defendant. Early Letter, dated 1/4/06. The planitff opposes the motion, Coleman Letter, dated 1/6/06. This Court holds that if the added third party defendant is an authorized distributor or subdistributor of defendant / third party plaintiff, then it may release the identity and use the information without restriction. If the added party is not an authorized distributor or subdistributor, this Court wll hear oral argument on 3/31/06 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 1/31/06. (Imrie, Robert) |
| February 27, 2006 | 67 | Letter to Honorable Michael L. Orenstein from Francis J. Earley by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Earley, Francis) |
| March 30, 2006 | 68 | MEMORANDUM AND ORDER - For the reasons explained herein, the Court GRANTS in part S&L's 26 Motion to Dismiss. AG's claims pursuant to New York General Business Law Sections 349, 350 are DISMISSED. S&L's motion is DENIED in all other respects. Ordered by JudgeJoanna Seybert on 3/30/06. C/ECF (Valle, Christine) |
| April 4, 2006 | 69 | Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
| April 6, 2006 | 70 | Letter to Magistrate Judge Orenstein in response to S&L Vitamins' 4/4/06 letter (Docket No. 69) by Australian Gold, Inc.. (Matthews, Scott) |
| April 7, 2006 | 71 | Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
| April 7, 2006 | 72 | ANSWER to Third Party Complaint by S & L Vitamins, Inc., Larry Sagarin.(Stein, David) |
| March 31, 2006 | 73 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/31/2006. Status Conference set for 5/16/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Court strongly suggested that parties (all) resolve this case before the next conference. Defendant shall provide the contract with 3rd party defendant and bring it up to speed with regard to the prior discovery and addition as a party to the protective order. (Imrie, Robert) |
| April 19, 2006 | 74 | ORDER: The plaintiff moves by letter application for a protective order striking a subpoena dated 3/30/06 based upon violation of the scheduling order entered by the Court on 7/25/05, Coleman Letter, dated 4/4/06. For the reasons set forth in this Order the subpoena is vacated, defendants shall return all documents to the subpoenaed non-party and file a certificate of counsel that it destroyed all photostats or computer scanned entries or computer entries from the material obtained. Ordered by Judge Michael L. Orenstein on 4/19/06. (Imrie, Robert) |
| April 26, 2006 | 75 | Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
| April 28, 2006 | 76 | CERTIFICATE of Counsel re 74 Order,, Declaration of Francis J. Earley complying with the Court's Order by Francis J Earley on behalf of Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc. (Earley, Francis) |
| April 28, 2006 | 77 | CERTIFICATE of Counsel re 74 Order,, Declaration of Scott D. Matthews complying with the Court's Order by Francis J Earley on behalf of Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc. (Earley, Francis) |
| April 28, 2006 | 78 | Letter to Magistrate Judge Orenstein by S & L Vitamins, Inc.. (Stein, David) |
| May 9, 2006 | 79 | ORDER re 78 Letter filed by S & L Vitamins, Inc.: Letter motion dated 4/25/06 is deemed withdrawn. Ordered by Judge Michael L. Orenstein on 5/9/06. (Imrie, Robert) |
| May 16, 2006 | 80 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 5/16/2006. Status Conference set for 7/18/2006 02:00 PM before Chief Magistrate Michael L. Orenstein. Parties discussing settlement. All parties agree to stay hostilities for 60 days. New party, Yucatan's time to plead is extended for 60 days upon consent. (Imrie, Robert) |
| July 12, 2006 | 81 | Letter to Magistrate Judge Michael L. Orenstein by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| July 18, 2006 | 82 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 7/18/2006. Status Conference set for 9/6/2006 03:30 PM before Chief Magistrate Michael L. Orenstein. All discovery is complete. All parties represent they will seek a pre-motion conference as a prelude for summary judgment. Third party defendant, needs no discovery, and will serve and file a pleading within 30 days. if parties have moved to schedule pre-motion conference then Court will adjourn next conference on written (ECF) notice. (Imrie, Robert) |
| September 6, 2006 | 83 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 9/6/2006. Status Conference set for 10/13/2006 11:30 AM before Chief Magistrate Michael L. Orenstein. If parties have moved to schedule pre-motion conference Court will adjourn next conference or written (ECF) request. Defendant / third party plaintiff has reached a settlement in principal with the third party defendant. Defendant will serve its responsive 56.1 statement and its 56.1 statement by 9/28/06 and plaintiff will serve its responsive 56.1 statement within 7 days thereafter. Parties will then seek a pre-motion conference. (Imrie, Robert) |
| October 11, 2006 | 84 | RULE 56.1 STATEMENT by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B - Part 1 of 2# 3 Exhibit B - Part 2 of 2# 4 Exhibit C - Part 1 of 3# 5 Exhibit C - Part 2 of 3# 6 Exhibit C - Part 3 of 3# 7 Exhibit D# 8 Exhibit E - Part 1 of 3# 9 Exhibit E - Part 2 of 3# 10 Exhibit E - Part 3 of 3# 11 Exhibit F - Part 1 of 3# 12 Exhibit F - Part 2 of 3# 13 Exhibit F - Part 3 of 3# 14 Exhibit G# 15 Exhibit H# 16 Exhibit I# 17 Exhibit J - Part 1 of 4# 18 Exhibit J - Part 2 of 4# 19 Exhibit J - Part 3 of 4# 20 Exhibit J - Part 4 of 4# 21 Exhibit K# 22 Exhibit L# 23 Exhibit M)(Earley, Francis) |
| October 11, 2006 | 85 | CERTIFICATE OF SERVICE by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc. re 84 Rule 56.1 Statement,,, (Earley, Francis) |
| October 11, 2006 | 86 | RULE 56.1 STATEMENT by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
| October 11, 2006 | 87 | RULE 56.1 STATEMENT re 84 Rule 56.1 Statement,,, Response by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
| October 11, 2006 | 88 | Letter from Francis J. Earley, Esq to Honorable Joanna Seybert regarding Australian Gold's Request for a Pre-Motion Conference. by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| October 11, 2006 | 89 | Letter from Francis J. Earley to Honorable Michael L. Orenstein by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| October 11, 2006 | 90 | Letter Requesting Pre-Motion Conference by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
| October 11, 2006 | 91 | Letter Requesting Adjournment of Status Conference by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
| October 12, 2006 | 92 | RULE 56.1 STATEMENT re 86 Rule 56.1 Statement Response by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| October 12, 2006 | 93 | ORDER re 91 Letter filed by S & L Vitamins, Inc., Larry Sagarin: Conference adjourned to 10/30/06 at 4:00 p.m. However, this court will adjourn conference to the date that a pre-motion conference is scheduled upon written request. Ordered by Judge Michael L. Orenstein on 10/12/06. (Imrie, Robert) |
| October 23, 2006 | 94 | NOTICE of Hearing: Pre-Motion Conference set for 10/30/2006 at 3:00pm in Courtroom 1030 before Judge Joanna Seybert. This conference will precede the one previously scheduled by Magistrate Judge Michael Orenstein for 4:00pm.(Baran, Charles) |
| October 30, 2006 | 95 | Minute Entry for proceedings held before Judge Joanna Seybert: Pre-Motion Conference held on 10/30/2006. Motions to be filed by 12/4/2006; Responses by 12/18/2006. (Baran, Charles) |
| October 30, 2006 | 96 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 10/30/2006. Status Conference set for 12/21/2006 03:00 PM before Chief Magistrate Michael L. Orenstein. If all papers have been filed Court will adjourn conference upon written (ECF) request. (Imrie, Robert) |
| November 9, 2006 | 97 | STIPULATION Final Judgment and Permanent Injunction as to Third-Party Defendants Yucatan, Inc. and Danny Sheehan by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 1, 2006 | 98 | MOTION for Extension of Time to File Summary Judgment Briefs (Letter to Judge Joanna Seybert) by Australian Gold, Inc.. (Matthews, Scott) |
| December 4, 2006 | 99 | ORDER Re: 97 Stipulation of Final Judgment & Permanent Injunction as to Third-Party Dfts, Yucatan, Inc. and Danny Sheehan, filed by Australian Gold, Inc. So Ordered by Judge Joanna Seybert on 12/4/06. C/ECF(Valle, Christine) |
| December 11, 2006 | 100 | MOTION for Summary Judgment by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. Responses due by 1/2/2007 (Attachments: # 1 Text of Proposed Order # 2 Supplement Supplemental Rule 56.1 Statement# 3 Affidavit Affirmation of Larry Sagarin# 4 Affidavit Affirmation of Ronald D. Coleman, Esq.)(Coleman, Ronald) Modified on 10/5/2007 (Mahon, Cinthia). |
| December 11, 2006 | 101 | MEMORANDUM in Support re 100 MOTION for Summary Judgment by Larry Sagarin, S & L Vitamins, Inc., S & L Vitamins, Inc., S & L Vitamins, Inc., Larry Sagarin, Larry Sagarin, S & L Vitamins, Inc.. (Coleman, Ronald) |
| December 11, 2006 | 102 | MOTION for Partial Summary Judgment Australian Gold's Brief In Support of Motion for Partial Summary Judgment by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) Modified on 10/5/2007 (Mahon, Cinthia). |
| December 12, 2006 | 103 | Letter to Honorable Michael L. Orenstein requesting an adjournment of the 12/21/06 status conference by Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc., Australian Gold, Inc.. (Earley, Francis) |
| December 14, 2006 | 104 | ORDER re 103 Letter, filed by Australian Gold, Inc.: Conference adjourned to 3/19/07 at 11:00 a.m. Ordered by Judge Michael L. Orenstein on 12/14/06. (Imrie, Robert) |
| January 3, 2007 | 105 | RESPONSE in Opposition re 102 MOTION for Partial Summary Judgment Australian Gold's Brief In Support of Motion for Partial Summary Judgment filed by S & L Vitamins, Inc., Larry Sagarin. (Coleman, Ronald) |
| January 3, 2007 | 106 | MEMORANDUM in Opposition re 100 MOTION for Summary Judgment - Australian Gold's Memorandum of Law In Opposition to S&L Vitamins' Motion for Summary Judgment by Australian Gold, Inc.. (Earley, Francis) |
| March 19, 2007 | 107 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 3/19/2007 Status Conference set for 6/1/2007 02:30 AM before Chief Magistrate Michael L. Orenstein. Dispositive motion remains pending. Conference adjourned to above date. (Imrie, Robert) |
| May 30, 2007 | 108 | Letter to Honorable Michael L. Orenstein by Australian Gold, Inc. (Earley, Francis) |
| May 31, 2007 | 109 | ORDER re 108 Letter filed by Australian Gold, Inc.: Conference adjourned to 8/3/07 at 10:30 a.m. Ordered by Judge Michael L. Orenstein on 5/31/07. (Imrie, Robert) |
| June 21, 2007 | 110 | ORDER: the confernece scheduled for 8/3/07 is adjourned. Status Conference set for 8/2/2007 11:00 AM before Magistrate-Judge Michael L. Orenstein. Ordered by Judge Michael L. Orenstein on 6/21/07. (Imrie, Robert) |
| July 31, 2007 | 111 | Letter from Francis J. Earley to Magistrate Michael L. Orenstein by Australian Gold, Inc. (Earley, Francis) |
| July 31, 2007 | 112 | Letter MOTION to Adjourn Conference scheduled for 8/2/07 by S & L Vitamins, Inc.. (Imrie, Robert) |
| July 31, 2007 | 113 | Re Doc #112: You are required to file all original documents electronically. In the future, please ensure that all original documents in this action are filed electronically. Clearly marked hard copy-courtesy documents should be submitted to Chambers. Courtesy copies should also indicate that the original of the submitted document has already been electronically filed. (Imrie, Robert) |
| August 1, 2007 | 114 | Letter Opposing Additional Discovery by S & L Vitamins, Inc., Larry Sagarin (Coleman, Ronald) |
| August 2, 2007 | 115 | Minute Entry for proceedings held before Michael L. Orenstein : Status Conference held on 8/2/2007 Status Conference set for 9/11/2007 11:30 AM before Magistrate-Judge Michael L. Orenstein. Motion to reopen discovery at this late statge while defendant's motion for summary judgment is pending is denied without prejudice to a renewal by defendant after the determination is made on the summary judgment motion. (Imrie, Robert) |
| September 5, 2007 | 117 | Letter to the Honorable Michael L. Orenstein, Australian Gold respecfully requests that the Court adjourn the upcoming September 11, 2007 status conference. We have conferred with counsel for S&L Vitamins who has advised that his client consents to this adjournment. This is the parties' first request for an adjournment. by Australian Gold, Inc. (Earley, Francis) |
| September 6, 2007 | 118 | ORDER re 117 Letter, filed by Australian Gold, Inc. Status Conference set for 11/7/2007 10:30 AM before Magistrate-Judge Michael L. Orenstein. Ordered by Judge Michael L. Orenstein on 9/6/07. (Imrie, Robert) |
| September 30, 2007 | 119 | ORDER granting in part and denying in part the 100 Motion for Summary Judgment and granting in part and denying in part the 102 Motion for Partial Summary Judgment. Having previously determined that the claims for which S&L requests a declaratory judgment involve disputed material issues of fact, the court DENIES S&L's request for a declaratory judgment. (See order for additional details). Ordered by Judge Joanna Seybert on 9/30/07. c/m by ecf (Mahon, Cinthia) |
