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Date Filed
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#
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Docket Text
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| March 1, 2007 |
1
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NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 600375-07. (Filing Fee $ 350.00, Receipt Number 607640).Document filed by Charlize Theron, Denver & Delilah
Films, Inc.. (Attachments: # 1 Exhibit 1)(mbe) (Entered: March 2, 2007)
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| March 1, 2007 |
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Magistrate Judge Theodore H. Katz is so designated. (mbe) (Entered: March 2, 2007)
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| March 1, 2007 |
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Case Designated ECF. (mbe) (Entered: March 2, 2007)
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| March 1, 2007 |
2
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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Denver & Delilah Films, Inc.(mbe) (Entered: March 2, 2007)
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| March 1, 2007 |
3
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MOTION for Jeffrey A. Tidus to Appear Pro Hac Vice. Document filed by Charlize Theron, Denver & Delilah Films, Inc.(jco) Additional attachment(s) added on 3/2/2007 (Correa, Julie).
(Entered: March 2, 2007)
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| March 1, 2007 |
4
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MOTION for Mark D. Baute to Appear Pro Hac Vice. Document filed by Charlize Theron, Denver & Delilah Films, Inc.(jco) (Entered: March 2, 2007)
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| March 6, 2007 |
5
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NOTICE OF APPEARANCE by David Jaroslawicz on behalf of Raymond Weil S.A. (Jaroslawicz, David) (Entered: March 6, 2007)
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| March 6, 2007 |
6
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DEMAND for Trial by Jury. Document filed by Raymond Weil S.A.(Jaroslawicz, David) (Entered: March 6, 2007)
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| March 6, 2007 |
7
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ANSWER to Complaint. Document filed by Charlize Theron, Denver & Delilah Films, Inc.. (Attachments: # 1 Affidavit of
Service)(Misner, Rebecca) (Entered: March 6, 2007)
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| March 6, 2007 |
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CASHIERS OFFICE REMARK on 3 Motion to Appear Pro Hac Vice, 4
Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 03/01/2007, Receipt Number 607643. (jd) (Entered: March 6, 2007)
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| May 17, 2007 |
8
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ORDER This case was assigned to Judge Richard Conway Casey, who passed away on 3/22/07. The case will be reassigned to a new judge in the near future. You will be notified of the
reassignment on ECF (for ECF cases) or in a form to be mailed to you (for non-ECF cases). The parties in this case are ordered to review the attorney/party information on the docket sheet
and determine whether the information presently listed is incorrect. If an error exists, the affected party must submit updated contact information no later than 5/30/07. Parties should
take care to remove the contact information for attorneys no longer involved in the case and to enter appearances for any current attorneys who are not listed. The parties are also
ordered to submit a joint summary of the case no later 5/30/07. The summary should be sent to Judge Caseys Chambers Attn: Law Clerks and will be provided to the new judge upon
reassignment of the case. The Summary should be a bare statement of the case with any relevant procedural history. This includes, but is not limited to, the subject matter of the
litigation, whether discovery is complete, whether the case is or has been before a magistrate judge, whether there are any motions or applications pending, and the subject matter of the
pending motions or applications, if any. Be sure to indicate whether the parties have entered into a case management plan and list the relevant dates. The Summary is not a vehicle for
arguing the merits of disputed issues and should be brief. If the defendant in this case has not yet appeared, the plaintiff should indicate this fact and need not make a joint
submission. Parties in cases involving an incarcerated pro se litigant need not make a joint submission. Should matters arise prior to the reassignment, parties are directed to review the
previously issued Notice to Parties with Pending Civil Cases Before Judge Casey, available at www.nysd.uscourts.gov and follow the directions therein. So Ordered. (Signed by Judge Kimba
M. Wood on 5/16/07) (jco) (Entered: May 24, 2007)
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| May 18, 2007 |
9
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Richard C. Casey is no longer assigned to the case. (laq) (Entered: May 30, 2007)
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| June 27, 2007 |
10
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STANDING ORDER FOR CASES TRANSFERRED TO THE DOCKET OF THE HON. COLLEEN McMAHON FROM THE DOCKET OF THE HON. RICHARD CONWAY CASEY The following procedures will apply to all cases
transferred from Judge Caseys docket to Judge McMahon:I. PROCEDURES FOR CASES IN WHICH THERE ARE NO PRO SE PARTIES:1. Individual Rules: First and most important, please download a copy of
Judge McMahons Individual Rules, which can be found on the courts web site (www.nysd.uscourts.gov), under Judges Rules (click on Judge McMahons name). Read them carefully. Judge McMahons
Rules differ somewhat from the rules of other judges. She expects counsel to be familiar with her rules and to follow them. 2. Compilation of Chambers Files: Judge McMahon will receive
from Judge Caseys chambers a copy of the letter submitted by counsel pursuant to the Order of Chief Judge Wood dated May 16, 2007. She will also receive courtesy copies of motion papers.
In order to assemble an up-to-date chambers file, she needs to receive the following from counsel: (A) If Judge Casey entered a scheduling order or a case management order, please mail or
fax to chambers a courtesy copy of the most recent such order. (B) If your case has been referred to a magistrate judge for any purpose, please send a copy of the order of reference to
chambers.(C) If a Joint Pre-Trial Order has been filed, please send a courtesy copy to chambers. 3. Discovery Deadlines Where Prior Scheduling Order in Place: If you have a scheduling
order in place containing a discovery deadline that has not yet passed, please adhere to that deadline. Judge McMahon does NOT routinely grant adjournments or extend the time to complete
discovery. She expects cases to be ready for trial within six months of the filing of the complaint (or, in the case of transferred cases, within six months from the date of transfer). If
your discovery deadline has passed, she is not going to give you additional time to complete discovery even if you have not conducted any discovery to date. If you have a discovery
schedule, the date by which you must submit your Joint Pre-Trial Order and other pre-trial papers required by Jude McMahons Individual Rules is forty-five days after the discovery
deadline. This rule supercedes any prior order of Judge Casey on this subject. If your discovery deadline passed more than 45 days ago, you have 45 days from the date of this order to
submit a Final Pre-trial Order and you are subject to be called for trial on 48 hours notice, beginning August 15, 2007. Judge McMahon does not delegate to the magistrate judges authority
to alter the discovery schedule that she sets. She will not honor any prior delegation of such authority made by Judge Casey. If you want the magistrate to have the authority to extend
the discovery deadline from whatever it is today (whether that deadline was set by the Magistrate Judge or by Judge Casey), Judge McMahon will be happy to sign an order referring your
case to the Magistrate Judge for all purposes, including trial. Unless you go to the Magistrate Judge for all purposes, Judge McMahon will retain control over your discovery deadline. 4.
Case Management Orders In Cases Where None Has Been Entered: If you do NOT have a case management or scheduling order in place, you can put one in place in one of two ways: by consent of
counsel or after a Rule 16 conference with Judge McMahon. Download Judge McMahons form of scheduling order, which can be found on-line at www.nysd.uscourt.gov. If counsel can agree on a
set of dates that gets the case ready for trial in six months from the date the case was transferred, fill out the order, sign it and submit it the chambers via fax (212-805-6326) for the
judges signature. Consent scheduling orders in transferred cases must be received in Chambers by July 13, 2007. If the time frame comports with the judges rules, she will sign the order
and send you an order of reference to the magistrate judge for discovery supervision and non-dispositive motions. If counsel cannot agree on a scheduling order by July 13, 2007, you will
be notified of the time and date for a Rule 16 conference, at which an order conforming to Judge McMahons rules will be entered. Judge McMahon does NOT adjourn Rule 16 conferences except
in extraordinary circumstances.5. Joint Pre-Trial Orders Not Yet Filed: If the discovery deadline imposed by Judge Caseys or the Magistrate Judges most recent case management order has
passed but you have not filed a Joint Pre-Trial Order, you have forty-five days from the date of this order to file a Joint Pre-Trial Order, along with all other pre-trial papers required
by Judge McMahons Individual Rules. Papers to be filed along with the Joint Pre-Trial Order include proposed jury instructions (jury trials) or findings of fact and conclusions of law
(bench trials), as well as trial briefs, if necessary. Do not file motions in limine. Motions in limine will be denied without prejudice if they are filed along with the Joint Pre-Trial
Order. They should be filed when the case is noticed for a Final Pre-Trial Conference. YOU MUST FILE THE JOINT PRE-TRIAL ORDER AND RELATED DOCUMENTS, EVEN IF YOU HAVE A MOTION FOR SUMMARY
JUDGMENT PENDING OR YOU PLAN TO FILE SUCH A MOTION. Judge McMahon does not waive the filing of trial-ready papers just because dispositive motions have been made or are contemplated.
Judge McMahon will NOT grant any extension of the forty-five day deadline for filing trial-ready papers in cases in which discovery is, or should have been, completed. This order
supercedes any other order previously entered by Judge Casey concerning the filing of a Joint Pre-Trial Order or other pre-trial papers. 6. Electronic Discovery: Judge McMahons rules
governing electronic discovery (which can be found at www.nysd.uscourts.gov) apply automatically to any case assigned to her docket unless and until the parties agree on a different
electronic discovery order. If Judge Casey or a Magistrate Judge previously entered an electronic discovery order, that order will control in your case; otherwise, you are subject to
Judge McMahons rules unless you present something different for her signature. 7. Special Rules for Section 1983 Cases: Counsel representing individual defendants in Section 1983 cases
who are asserting the defense of qualified immunity should read Judge McMahons Individual Rule concerning qualified immunity motions, and should take or complete the plaintiffs deposition
and make the motion required by Judge McMahons rules within sixty days of the date of this order, regardless of the state of discovery. Judge McMahon will not extend this deadline for any
reason. Please read the rule carefully: Judge McMahon will not consider anything on a qualified immunity motion except the testimony of the plaintiff, which testimony must be taken prior
to filing papers in support of the motion. Any defendant who does not make a motion as required by Judge McMahons rules waives his right to have the issue of qualified immunity decided on
motion prior to trial. 8. Special Rules for Patent Cases: Judge McMahon has procedures for handling patent cases that differ from her procedure in other cases. If your case is a patent
case, you will be called in for a status conference. If you are presently engaged in discovery pursuant to a Scheduling Order entered by Judge Casey, please continue with discovery until
your conference can be held. 9. Special Rules for IDEA and ERISA Denial of Benefits Cases: Instead of entering to a scheduling order that provides for discovery, either counsel should
agree on a schedule for making cross-motions for summary judgment on the administrative record and submit that schedule to the Court, or the court will impose such a briefing schedule at
a status conference. 10. Special Rules for Cases Subject to the Private Securities Litigation Reform Act: Judge McMahon will conference your case and set a schedule in keeping with the
statute. II. FOR CASES IN WHICH THERE IS A PRO SE PARTY:In general, Judge McMahons normal rules apply. Pro se parties, like all other parties, are required to become familiar with Judge
McMahons Individual Rules and to follow them. This section sets out any variations from her usual rules for cases in which any party is pro se.1. Scheduling Order. If there is a
scheduling order in place, please adhere to that scheduling order. The Magistrate Judge has authority in cases in which any party is pro se to extend the scheduling order for good cause
shown. If there is no scheduling order in place, Judge McMahon will conference your case, set a scheduling order and issue an order of reference to the Magistrate Judge for discovery
supervision. 2. Final Pre-Trial Orders: In cases involving pro se parties, the pro se party and parties represented by counsel file separate Pre-Trial Orders and related papers. All such
papers are due forty-five days after the expiration of the discovery deadline. 3. Prisoner Cases: In cases involving incarcerated pro se parties, counsel for any represented party or
parties shall arrange for a copy of all scheduling orders, orders of reference, pending motion papers and other papers needed to assemble an up-to-date chambers file to be forwarded to
chambers. (Signed by Judge Colleen McMahon on 06/27/2007) (mj) (Entered: June 28, 2007)
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| July 11, 2007 |
11
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ORDER granting 4 Motion for Mark D. Baute to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 7/11/2007) (kco)
(Entered: July 12, 2007)
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| July 11, 2007 |
12
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ORDER granting 3 Motion for Jeffrey A. Tidus to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 7/11/07) (kco)
(Entered: July 12, 2007)
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| July 12, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 12 Order on Motion to Appear Pro Hac Vice, 11 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kco) (Entered:
07/12/2007)
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| July 18, 2007 |
13
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CIVIL CASE MANAGEMENT PLAN: (for all cases except patent, IDEA and ERISA benefits cases, and cases subject to the Private Securities Litigation Reform Act) No Pleading may be amended
after 8/31/2007. All, Discovery, including expert discovery, must be completed on or before 1/18/2008. Plaintiff(s) expert report(s) by 10/31/2007; Defendant(s) expert report(s) by
12/7/2007. This case has been designated to the Hon. United States Magistrate Judge Theodore H. Katz for resolution of discovery disputes. Joint Pretrial Order due by 2/29/2008. (Signed
by Judge Colleen McMahon on 7/18/07) (tro) (Entered: July 19, 2007)
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| July 18, 2007 |
14
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes discovery, non-dispositive
pretrial motions, and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Colleen McMahon on 7/18/07) (tro) (Entered: July 19, 2007)
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| October 12, 2007 |
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Minute Entry for proceedings held before Judge Theodore H. Katz : Discovery Telephone Conference held on 10/12/2007. (tro) (Entered: October 17, 2007)
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| October 17, 2007 |
15
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MOTION for Patrick M. Maloney to Appear Pro Hac Vice. Document filed by Charlize Theron, Denver & Delilah Films, Inc. (jco) (Entered: October 24, 2007)
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| October 24, 2007 |
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CASHIERS OFFICE REMARK on 15 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/17/2007, Receipt Number 629883.
(jd) (Entered: October 24, 2007)
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| October 25, 2007 |
16
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ORDER granting 15 Motion for Patrick Maloney to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/25/07) (kco)
(Entered: October 25, 2007)
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| October 25, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 16 Order on Motion to Appear Pro Hac Vice, to the Attorney
Admissions Clerk for updating of Attorney Information. (kco) (Entered: October 25, 2007)
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| October 25, 2007 |
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Minute Entry for proceedings held before Judge Theodore H. Katz : Settlement Conference held on 10/25/2007. (jar) (Entered: November 5, 2007)
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| November 1, 2007 |
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Minute Entry for proceedings held before Judge Theodore H. Katz : Discovery Hearing held on 11/1/2007. (pl) (Entered: November 6, 2007)
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| November 6, 2007 |
17
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TRANSCRIPT of proceedings held on 9/21/2007 before Judge Theodore H. Katz. (jar) (Entered: November 6, 2007)
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| November 7, 2007 |
18
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Patrick M. Maloney dated 11/5/07 re: Counsel for Defendants respond to Ms. Eilender's letter of November 5, 2007,
wherein she seeks to delay the deposition of Plaintiff's two expert witnesses for over a month. Defendants ask that this request be denied. Defense counsel has already made arrangements
to travel to New York for these depositions. Accordingly, the deposition should remain on the calendar, as scheduled, so that discovery may proceed in an orderly fashion. ENDORSEMENT:
Defendants provided inadequate notice to take Plaintiffs' experts' depositions on November 8 and 9. In any event, it is routine to defer expert depositions until after the exchange of
expert reports. If, as Defendants contend, Plaintiffs' experts' reports appear to be incomplete, that will be Plaintiffs' problem. If Defendants can submit their expert reports prior to
December 7, so much the better. There will be more time for expert depositions. (Signed by Judge Theodore H. Katz on 11/6/07) (tro) (Entered: November 7, 2007)
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| November 7, 2007 |
19
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TRANSCRIPT of proceedings held on 11/1/2007 before Judge Theodore H. Katz. (jar) (Entered: November 7, 2007)
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| November 14, 2007 |
20
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Mark D. Baute dated 11/9/07 re: a request for the following documents: Raymond Weil's distribution agreements, the
financial statements for Raymond Weil for the years 2003 through 2006, and the expert witness files for the plaintiff's two expert witnesses. ENDORSEMENT: These documents must be produced
forthwith. SO ORDERED. (Signed by Judge Theodore H. Katz on 11/14/07) (kco) (Entered: November 14, 2007)
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| November 20, 2007 |
21
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Mark Baute dated 11/19/07 re: Request to adjourn the deposition date of 11/27/07. ENDORSEMENT: The deposition of Ms.
Silverman should be adjourned to either 12/12/ or 13. (Signed by Judge Theodore H. Katz on 11/20/07) (cd) (Entered: November 21, 2007)
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| November 21, 2007 |
22
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Elizabeth Eilender dated 11/21/07 re: Plaintiff request that the court clarify that the deposition commence at 10:00
a.m. ENDORSEMENT: the Court did not intend to limit the duration of the deposition or to set its State time. Plaintiffs have a right to commence the deposition at 10:00 a.m.. ENDORSEMENT:
the Court did not intend to limit the duration of the deposition or to set its State time. Plaintiffs have a right to commence the deposition at 10:00 a.m.. (Signed by Judge Theodore H.
Katz on 11/21/07) (pl) (Entered: November 21, 2007)
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| December 4, 2007 |
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Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone (Discovery) Conference held on 12/4/2007. (djc) (Entered: December 10, 2007)
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| December 5, 2007 |
23
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MOTION for David P. Crochetiere to Appear Pro Hac Vice for defendants. Document filed by Charlize Theron, Denver & Delilah Films, Inc.(db) (Entered: December 12, 2007)
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| December 5, 2007 |
24
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MOTION for William T. Drescher to Appear Pro Hac Vice for defendants. Document filed by Charlize Theron, Denver & Delilah Films, Inc.(db) (Entered: December 12, 2007)
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| December 14, 2007 |
25
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ORDER granting 24 Motion for William T. Drescher to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/14/07) (kco)
(Entered: December 17, 2007)
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| December 17, 2007 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 25 Order on Motion to Appear Pro Hac Vice, to the Attorney
Admissions Clerk for updating of Attorney Information. (kco) (Entered: December 17, 2007)
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| December 18, 2007 |
26
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Robert J. Tolchin dated 12/17/07 re: Counsel for Seville Watch Corporation, a non-party upon whom the defendant served
a subpoena calling for 84 for separate items to be produced, write to the court for guidance regarding the failure to be notified of the application mentioned herein. ENDORSEMENT: The
parties must meet and confer before the Court will address the issues raised by Defendants. (Signed by Magistrate Judge Theodore H. Katz on 12/18/07) (tro) (Entered: December 19, 2007)
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| December 19, 2007 |
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CASHIERS OFFICE REMARK on 25 Order on Motion to Appear Pro Hac Vice, 23 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/05/2007, Receipt Number 635072. (jd) (Entered: December 19, 2007)
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| January 2, 2008 |
27
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Elizabeth Eilender dated 12/20/07 re: counsel for plaintiff requests that Your Honor so order the subpoena (Exhibit A)
so that the documents may be compiled and produced without any further delay as agreed to by counsel for the EIF. ENDORSEMENT: The relief requested is hereby granted. (Signed by
Magistrate Judge Theodore H. Katz on 1/2/08) (dle) (Entered: January 2, 2008)
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| January 4, 2008 |
28
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William Drescher dated 1/4/08 re: counsel for defendants reply to counsel for plaintiff's letter brief in opposition
dated 1/2/08 and opposes plaintiff exceeding its limit on depositions. ENDORSEMENT: Plaintiff may proceed with the additional depositions. Mr. Roman must appear in New York for his
deposition So Ordered. (Signed by Magistrate Judge Theodore H. Katz on 1/4/08) (dle) (Entered: January 4, 2008)
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| January 7, 2008 |
29
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ORDER granting 23 Motion for David P. Crochetiere to Appear Pro Hac Vice for defendants David P. Crochetiere to Appear Pro Hac
Vice for defendants Charlize Theron, Denver & Delilah Films, Inc. (Signed by Judge Colleen McMahon on 1/7/08) (db) (Entered: January 7, 2008)
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| January 7, 2008 |
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Transmission to Attorney Admissions Clerk. Transmitted re: 29 Order on Motion to Appear Pro Hac Vice to the Attorney
Admissions Clerk for updating of Attorney Information. (db) (Entered: January 7, 2008)
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| January 11, 2008 |
30
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TRANSCRIPT of proceedings held on 11/1/07 before Judge Magistrate Judge Theodore H. Katz. (dle) (Entered: January 14, 2008)
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| January 14, 2008 |
31
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 1/11/08 re: Counsel for plaintiff write for the limited purpose to request the Court's permission to
conduct a single non-party deposition of a critical witness on 2/6/08. ENDORSEMENT: The EBT may proceed on 2/6/08. ( Deposition due by 2/6/2008.) (Signed by Judge Colleen McMahon on
1/14/08) (tro) (Entered: January 14, 2008)
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| January 16, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Telephone Discovery Conference held on 1/16/2008. (dle) (Entered: January 24, 2008)
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| January 22, 2008 |
32
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William Drescher dated 1/16/08 re: Discovery cutoff of 1/18/08. ENDORSEMENT: Inasmuch as the discovery deadline has
passed, and the witness is domicled in France, the Court will not require the witness's presence in the United States for deposition, or that plaintiffs pay the costs of a deposition in
France. If defendants choose to pay plaintiffs' expenses for a deposition in France, they may proceed with the deposition. Alternatively, since it is unclear if the witness will actually
testify at trial, the Court concludes that if he is called as a rebuttal witness, plaintiffs must make him available for deposition in advance of his testimony. (Signed by Magistrate
Judge Theodore H. Katz on 1/22/08) (cd) (Entered: January 22, 2008)
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| February 1, 2008 |
33
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from William T. Drescher dated 1/17/08 re: Accordingly, defendants ask that Tourneau, too, be ordered to produce its
documents reflecting its sales of plaintiff's women's watches during the relevant period. ENDORSEMENT: This matter should have been submitted to the Court more promptly, not on the day
before the discovery deadline. (see this Court's rules.) By Defendant's own admission, this issue came to a head during an October 30 deposition and the application is denied. So Ordered.
(Signed by Magistrate Judge Theodore H. Katz on 2/1/08) (js) (Entered: February 1, 2008)
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| February 6, 2008 |
34
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TRANSCRIPT of proceedings held on 1/16/08 before Magistrate Judge Theodore H. Katz. (jbe) (Entered: February 6, 2008)
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| February 6, 2008 |
35
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TRANSCRIPT of proceedings held on 1/16/08 before Magistrate Judge Theodore H. Katz. (jbe) (Entered: February 6, 2008)
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| February 27, 2008 |
36
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 2/27/2008 re: the deadline for the Pre-trial Order is this Friday. ENDORSEMENT: Make sure your half of the
PTO is filed. If defendant does not get in touch with you I will strike anything he files. (Signed by Judge Colleen McMahon on 2/27/2008) (mde) Modified on 2/28/2008 (mde). (Entered:
02/28/2008)
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| February 27, 2008 |
38
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 2/27/08 re: Update on status of the pre trial order. ENDORSEMENT: Make sure your half of the PTO is filed.
If defendant does not get in touch with you, I will strike any they will file. (Signed by Judge Colleen McMahon on 2/27/08) (cd) (Entered: February 28, 2008)
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| February 28, 2008 |
37
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ENDORSED LETTER addressed to Judge Colleen McMahon from William Drescher dated 2/27/08 re: Plaintiff's Exhibit 29 alone consists of approximately 3,500 pages.ENDORSEMENT: I will not ADMIT
a 3500 page exhibit or 12 binders of exhibits. I want no duplication--relevant portions of documents--and get it down to 200 or fewer. I am quite serious about this. (Signed by Judge
Colleen McMahon on 2/28/08) (cd). (Entered: February 28, 2008)
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| February 28, 2008 |
39
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 2/28/08 re: Request for an order permitting plaintiff's summary judgment to be filed under seal.
ENDORSEMENT: File under seal. I may rule that the documents ought not be treated as confidential. No document used at trial may remain confidential, and I rarely choose to file summary
judgment decisions under seal. (Signed by Judge Colleen McMahon on 2/28/08) (cd) (Entered: February 28, 2008)
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| February 28, 2008 |
40
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ENDORSED LETTER addressed to Judge Colleen MchMahon from Elizabeth Eilender dated 2/28/08 re: Counsel for Plaintiffs request that they be permitted to file the Pre-Trial Order under seal
as the substance of the materials are predominantly confidential and subject to a confidentiality agreement. ENDORSEMENT: OK- but understand that most of what you are sealing will become
public if there is a trial. (Signed by Judge Colleen McMahon on 2/28/08) (tro) Modified on 3/6/2008 (tro). (Entered: February 28, 2008)
|
| February 28, 2008 |
41
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ENDORSED LETTER addressed to Judge Colleen McMahon from Rebecca L. Misner dated 2/28/2008 re: We, along with Baute & Tidus, LLP, represent Defendants Charlize Theron and Denver &
Delilah Films, Inc. in the above captioned matter. As Ms. Eilender, Plaintiff's counsel, stated in her letter to you this morning, there is a confidentiality agreement in place in this
case which requires that any materials the have been designated "confidential" must be filed with court under seal if used as exhibits to a motion. ENDORSEMENT: Obviously what's good for
the goose is good for gander. Quit writing me letters. (Signed by Judge Colleen McMahon on 2/28/2008) (jmi) (Entered: February 29, 2008)
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| March 7, 2008 |
44
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 3/6/08 re: Counsel for plaintiffs request to be permitted to file Plaintiff's Requests to Charge, Proposed
Verdict Sheet and Proposed Voir Dire questions under seal as the substance of the materials are predominantly confidential and subject to a confidentiality agreement. ENDORSEMENT: I am
not going to clear the Courtroom during Voir Dire or the charge. This is a public trial. So Ordered. (Signed by Judge Colleen McMahon on 3/7/08) (js) (Entered: March 7, 2008)
|
| March 7, 2008 |
46
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PROPOSED JURY INSTRUCTIONS. Document filed by Charlize Theron, Denver & Delilah Films, Inc.. (Attachments: # 1 DEFENDANTS'
PROPOSED JURY VERDICT FORM)(Misner, Rebecca) (Entered: March 7, 2008)
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| March 7, 2008 |
47
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PROPOSED VOIR DIRE QUESTIONS. Document filed by Charlize Theron, Denver & Delilah Films, Inc..(Misner, Rebecca) (Entered: March 7, 2008)
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| March 10, 2008 |
48
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PROPOSED VOIR DIRE QUESTIONS. Document filed by Raymond Weil S.A..(Jaroslawicz, David) (Entered: March 10, 2008)
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| March 14, 2008 |
49
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Erender dated 3/13/08 re: Counsel for plaintiff request that the Court endorse this letter with an order permitting to
plaintiff's opposition to defendant's summary judgment motion to be filed under seal. We also request that plaintiff be permitted to file its Reply to Defendants Opposition to Plaintiff's
Motion for Partial Summary Judgment under seal as well. ENDORSEMENT: O.K. So Ordered. (Signed by Judge Colleen McMahon on 3/14/08) (js) (Entered: March 14, 2008)
|
| March 14, 2008 |
50
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ENDORSED LETTER addressed to Judge Colleen McMahon from Rebecca L. Misner dated 3/13/08 re: Counsel for defendants request permission to to file Defendants' response to Plaintiff's motion
for partial summary judgment under seal. ENDORSEMENT: O.K. So Ordered. (Signed by Judge Colleen McMahon on 3/14/08) (js) (Entered: March 14, 2008)
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| March 24, 2008 |
53
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ENDORSED LETTER addressed to Judge Colleen McMahon from Rebecca L. Minser dated 3/20/2008 re: Requesting permission to file defendants' reply under seal. ENDORSEMENT: OK. (Signed by Judge
Colleen McMahon on 3/24/2008) (jpo) (Entered: March 24, 2008)
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| September 30, 2008 |
56
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MEMORANDUM DECISION AND ORDER DISPOSING OF ALL PENDING MOTIONS AND CROSS MOTIONS FOR SUMMARY JUDGMENT: The Court refers this matter to The Honorable Theodore H. Katz for the purpose of
conducting a pre-trial settlement conference. The conference may be scheduled at the convenience of the parties and Judge Katz, but it must take place before the end of October. If the
parties fail to settle the case, they shall file an updated Pre-Trial Order, reflecting all the rulings made by the court in this opinion, no later than November 7. Updated expert reports
must also be filed by November 7. We will hold a final pre-trial conference on December 5, 2008 at 2 p.m.. The lawyers who are trying the case must attend this conference. They must be
prepared to explain exactly who will testify at the trial and to commit to the witnesses they are going to call. Since this is a damages trial, each side will have one day to present its
case; the parties should keep this in mind in designating witnesses. No witness who is not designated in the Pre-Trial Order may be called at trial; there is no option to reserve the
right to call additional witnesses. The Clerk of the Court shall mark the following motions as decided and shall remove them from the courts list of outstanding motions:Plaintiffs Motion
for Partial Summary Judgment (Docket # 42): Granted in part and denied in part.Plaintiffs Motion to Strike Defendants Affirmative Defenses (Docket # 42): Granted in part and denied in
part. Defendants Motion for Summary Judgment (Docket # 43): Granted in part and denied in part.Defendants Motion to Strike Plaintiffs Expert Reports (Docket # 54): Denied, with leave to
renew after updated expert reports are submitted. This constitutes the decision and order of the court. (Signed by Judge Colleen McMahon on 9/30/2008) (mde) . (Entered: September 30, 2008)
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| September 30, 2008 |
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Set/Reset Hearings: Final Pretrial Conference set for 12/5/2008 at 2:00 PM before Judge Colleen McMahon. (mde) (Entered: October 2, 2008)
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| October 8, 2008 |
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ENDORSED LETTER addressed to Magistrate Judge Theodore H. Katz from Elizabeth Eilender dated 10/3/2008 re: Requesting additional time in which to submit the expert report and update joint
pretrial order. ENDORSEMENT: The settlement conference will take place on October 29, 2008 at 2:00 p.m. The parties or a business representative with full settlement authority must
attend. (Signed by Magistrate Judge Theodore H. Katz on 10/8/2008) (jpo) (Entered: October 8, 2008)
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| October 8, 2008 |
58
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ENDORSED LETTER addressed to Judge Colleen McMahon from Elizabeth Eilender dated 10/8/2008 re: Counsel for Plaintiff writes to request that the date for submission of the Joint pre-trial
order and expert reports be extended to 12/1/2008. ENDORSEMENT: Because I hate to see lawyer work over Thanksgiving, the pretrial order is due 12/4 - but so are in limine motions - and
responses to in limine motions are due by 12/11 and the Final Pretrial Conference is moved to 12/18 at 2 pm. (Signed by Judge Colleen McMahon on 10/8/2008) (tve) (Entered: October 8, 2008)
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