MCNEIL NUTRITIONALS, LLC v. HEARTLAND SWEETENERS LLC et al

Plaintiff:MCNEIL NUTRITIONALS, LLC
Defendant:HEARTLAND SWEETENERS LLC and HEARTLAND PACKAGING CORP.
 
Case Number:2:2006cv05336
Filed:December 5, 2006
 
Court:Pennsylvania Eastern District Court
Office:Philadelphia Office [ Court Info ]
County:Montgomery
Presiding Judge:HONORABLE JOHN R. PADOVA
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1125 Trademark Infringement (Lanham Act)
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
December 5, 2006 1 COMPLAINT against HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP. ( Filing fee $ 350 receipt number 934991.), filed by MCNEIL NUTRITIONALS, LLC. (Attachments: # 1 Civil Cover Sheets# 2 Exhibit A# 3 Exhibit B# 4 Exhibit C# 5 Exhibit D# 6 Exhibit E# 7 Exhibit F)(cw, ) (Entered: December 6, 2006)
December 5, 2006 Summons Issued as to HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. Two Given To: Counsel on 12/6/06 (cw, ). (Entered: December 6, 2006)
December 5, 2006 2 Disclosure Statement by MCNEIL NUTRITIONALS, LLC.(cw, ) (mk, ). (Entered: December 6, 2006)
December 14, 2006 3 MOTION FOR A PROTECTIVE ORDER FILED BY PLAINTIFF MCNEIL NUTRITIONALS, LLC., MEMORANDUM, DECLARATIONS. (Attachments: # 1 Memo of Law# 2 Declaration of Karla Sanchez# 3 Declaration of Eric Paul)(mbh, ) (Entered: December 15, 2006)
December 14, 2006 4 Certificate of Service re: served MOTIONS upon DEFENDANT HEARTLAND PACKAGING CORP. filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC (mbh, ) (Entered: December 15, 2006)
December 14, 2006 5 MOTION FOR PRELIMINARY INJUNCTION FILED BY PLAINTIFF MCNEIL NUTRITIONALS, LLC.(mbh, ) (Entered: December 15, 2006)
December 14, 2006 6 Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC. (mbh, ). Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: December 15, 2006)
December 14, 2006 7 Declaration of DEBRA A. SANDLER.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: December 15, 2006)
December 14, 2006 8 Memorandum of Law in Support of Plantiff's Motion for a Preliminary Injunction filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC. (FILED UNDER SEAL) (mbh, ). (Entered: December 15, 2006)
December 14, 2006 9 Application of STEVEN A. ZALESIN, ESQUIRE to Practice in this Court Pursuant to Local Rule of Civil Procedure 83.5.2(b) filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC., Certificate of Service. (mbh, ) (Entered: December 18, 2006)
December 14, 2006 10 Application of KARLA G. SANCHEZ, ESQUIRE to Practice in this Court Pursuant to Local Rule of Civil Procedure 83.5.2(b) filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC., Certificate of Service. (mbh, ) (Entered: December 18, 2006)
December 14, 2006 11 Application of DAVID G. SEWELL, ESQUIRE to Practice in this Court Pursuant to Local Rule of Civil Procedure 83.5.2(b) filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC., Certificate of Service. (mbh, ) (Entered: December 18, 2006)
December 19, 2006 12 ORDER THAT THE APPLICATION OF STEVEN A. ZALESIN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY JUDGE JOHN R. PADOVA ON 12/19/2006. 12/20/2006 ENTERED AND COPIES MAILED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: December 20, 2006)
December 19, 2006 13 ORDER THAT THE APPLICATION OF KARLA G. SANCHEZ, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY JUDGE JOHN R. PADOVA ON 12/19/2006. 12/20/2006 ENTERED AND COPIES MAILED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: December 20, 2006)
December 19, 2006 14 ORDER THAT THE APPLICATION OF DAVID G. SEWELL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY JUDGE JOHN R. PADOVA ON 12/19/2006. 12/20/2006 ENTERED AND COPIES MAILED. SIGNED BY JUDGE JOHN R. PADOVA ON 12/19/2006. 12/20/2006 ENTERED AND COPIES MAILED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: December 20, 2006)
December 22, 2006 15 NOTICE of Appearance by ABBE F. FLETMAN on behalf of HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP., HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP. with Certificate of Service (Attachments: # 1)(FLETMAN, ABBE) (Entered: December 22, 2006)
December 22, 2006 16 NOTICE of Appearance by LIZANNE V. HACKETT on behalf of HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP., HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP. with Certificate of Service (Attachments: # 1)(HACKETT, LIZANNE) (Entered: December 22, 2006)
December 27, 2006 17 ORDER THAT DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS DUE ON OR BEFORE 1/15/2007. THIS MATTER IS SCHEDULED FOR A HEARING ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION ON 1/26/2007 AT 9:30 AM IN COURTROOM 17B. SIGNED BY JUDGE JOHN R. PADOVA ON 12/26/2006. 12/28/2006 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 12/28/2006)
December 27, 2006 18 ORDER THAT THE CLERK OF COURT SHALL CORRECT ENTRY NO. 6 ON THE DOCKET BY REMOVING THE PHRASE (FILED UNDER SEAL). THE CLERK OF COURT SHALL CORRECT ENTRY NO. 8 WHICH CONTAINS THE UNREDACTED VERSION OF PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND THE UNREDACTED VERSION OF THE DECLARATION OF DEBRA A. SANDLER BY ADDING THE PHRASE (FILED UNDER SEAL) AND PAPER NO. 8 SHALL BE KEPT UNDER SEAL. SIGNED BY JUDGE JOHN R. PADOVA ON 12/27/2006. 12/28/2006 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 12/28/2006)
January 5, 2007 19 STIPULATION To Extend Time for Defendants To Answer, Move, or Otherwise Respond to Complaint by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (HACKETT, LIZANNE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/8/2007 (np). (Entered: January 5, 2007)
January 9, 2007 20 NOTICE of Appearance by ANDREA L. D'AMBRA on behalf of MCNEIL NUTRITIONALS, LLC with Certificate of Service (D'AMBRA, ANDREA) (Entered: January 9, 2007)
January 9, 2007 21 NOTICE by MCNEIL NUTRITIONALS, LLC re 5 MOTION for Preliminary Injunction, 8 Memorandum, 6 Memorandum, 7 Declaration with Certificate of Service (D'AMBRA, ANDREA) (Entered: January 9, 2007)
January 9, 2007 22 Notice of Amended Declaration. (FILED UNDER SEAL) (mbh, ) (Entered: January 10, 2007)
January 10, 2007 23 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS MAY ANSWER, MOVE AND OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED UNTIL 1/15/2007. SIGNED BY JUDGE JOHN R. PADOVA ON 1/8/2007. 1/10/2007 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). Additional attachment(s) added on 6/25/2007 (mbh, ). (Entered: 01/10/2007)
January 12, 2007 24 STIPULATION to Extend Time for Defendants to Answer, Move, or Otherwise Respond to the Complaint by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (HACKETT, LIZANNE) Modified on 1/17/2007 (afm, ). (FILED IN ERROR BY ATTORNEY, FORWARDED TO COURT FOR APPROVAL) (Entered: January 12, 2007)
January 15, 2007 25 RESPONSE in Opposition to plaintiff's MOTION for Preliminary Injunction filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP., CERTIFICATE OF SERVICE. (Attachments: # 1 Text of Proposed Order Denying Plaintiff's Motion for a Preliminary Injunction# 2 Certificate of Service)(HACKETT, LIZANNE) Modified on 1/17/2007 (afm, ). (Entered: January 15, 2007)
January 15, 2007 26 MOTION for Protective Order filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP., Memorandum, Declaration, Certificate of Counsel. (Attachments: # 1 Declaration of Lizanne V. Hackett# 2 Memorandum of Law# 3 Text of Proposed Order Granting Defendants' Motion for a Protective Order# 4 Certificate of Service)(HACKETT, LIZANNE) Modified on 1/17/2007 (np). Modified on 1/17/2007 (afm, ). (Entered: January 16, 2007)
January 16, 2007 27 DEFENDANTS HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.'S Declarations and Other Materials in Support of their Opposition to Plaintiff's Motion for a Preliminary Injunction.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: January 16, 2007)
January 18, 2007 28 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS MAY ANSWER, MOVE OR OTHERWISE RESPOND TO THE COMPLAINT IS EXTENDED UNTIL 1/19/2007. SIGNED BY JUDGE JOHN R. PADOVA ON 1/17/2007. 1/18/2007 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). Additional attachment(s) added on 6/25/2007 (mbh, ). (Entered: 01/18/2007)
January 18, 2007 29 RESPONSE in Opposition re 5 MOTION for Preliminary Injunction REVISED TO REFORMAT TABLES OF CONTENTS AND AUTHORITIES AND MARK FIILNG AS REDACTED filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (Attachments: # 1 Certificate of Service for Revised Response in Opposition to Plaintiff's Motion for a Preliminary Injunction)(HACKETT, LIZANNE) (Entered: January 18, 2007)
January 19, 2007 30 STIPULATION to Extend Time for Defendants to Answer or Respond to Complaint (for Court's Approval) by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (HACKETT, LIZANNE) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 1/22/2007 (np). (Entered: January 19, 2007)
January 22, 2007 31 ANSWER to Complaint by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (Attachments: # 1 Certificate of Service# 2 Civil Cover Sheet # 3 Case Management Track Designation Form# 4 Designation Form# 5 Rule 7.1 Disclosure Statement for Heartland Sweeteners, LLC# 6 Rule 7.1 Disclosure Statement for Heartland Packaging Corp.)(HACKETT, LIZANNE) (Entered: January 22, 2007)
January 22, 2007 32 REPLY to Response to Motion re 5 MOTION for Preliminary Injunction filed by MCNEIL NUTRITIONALS, LLC. (Attachments: # 1 Declaration# 2 Declaration# 3 Certificate of Service)(D'AMBRA, ANDREA) (Entered: January 22, 2007)
January 24, 2007 33 STIPULATION AND ORDER THAT THE TIME WITHIN WHICH DEFENDANTS MAY ANSWER PLAINTIFF'S COMPLAINT IS EXTENDED FURTHER UNTIL 1/22/07. SIGNED BY JUDGE JOHN R. PADOVA ON 1/23/07. 1/24/07 ENTERED AND COPIES MAILED.(fdc) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: January 24, 2007)
January 25, 2007 34 Application of WILLIAM L. O'CONNOR, ESQUIRE to Practice in this Court Pursuan to Local Rule of Civil Procedure 83.5.2(b) filed by DEFENDANTS HEARTLAND SWEETENERS LLC and HEARTLAND PACKAGING CORP., Certificate of Service. (Attachments: # 1 Sponsor Statement# 2 Certificate of Service# 3 Proposed Order)(mbh, ) (Entered: January 26, 2007)
January 26, 2007 35 Minute Entry for Telephone Conference held on 1/25/2007 before Judge Padova. (mbh, ) (Entered: January 26, 2007)
January 26, 2007 36 ORDER THAT THE APPLICATION OF WILLIAM L. O'CONNOR, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY JUDGE JOHN R. PADOVA ON 1/26/2007. 1/29/2007 ENTERED AND COPIES MAILED AND FAXED.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). Additional attachment(s) added on 6/25/2007 (mbh, ). (Entered: 01/29/2007)
January 29, 2007 37 Minute Entry for Preliminary Injunction Hearing held on 1/26/2007 before Judge John R. Padova. The hearing is continued until 2/7/2007 at 9:30 a.m. ESR/Court Reporter: Jenniffer Cabrera (mbh, ) (Entered: January 29, 2007)
January 29, 2007 39 ORDER THAT THE INFORMATION RELATED TO THE IDENTIFICATION OF HEARTLAND'S CUSTOMER, DESIGNATED IN HEARTLAND'S MOTION FOR PROTECTIVE ORDER AS "ABC STORE" AND THE STORE-BRAND SUCRALOSE PRODUCT SUPPLIED BY HEARTLAND TO ABC STORE SHALL BE SEALED INCLUDING: PARAGRAPHS 44 AND 45 OF THE DECLARATION OF TEODOR GELOV IN SUPPORT OF HEARTLAND'S OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION AND THOSE PORTIONS OF HEARTLAND'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR A PRELIMINARY INJUNCTION THAT REFER TO OR OTHERWISE INCORPORATE PARAGRAPH 44 AND 45 OF THE GELOV DECLARATION. SIGNED BY JUDGE JOHN R. PADOVA ON 1/25/2007. 1/30/2007 ENTERED AND COPIES MAILED AND FAXED.(mbh, ). Additional attachment(s) added on 6/20/2007 (bj, ). Additional attachment(s) added on 6/25/2007 (mbh, ). (Entered: January 30, 2007)
January 30, 2007 38 NOTICE of Hearing on Motion 5 MOTION for Preliminary Injunction: CONTINUATION OF MOTION HEARING SET FOR 2/7/2007 09:30 AM IN COURTROOM 17B BEFORE HONORABLE JOHN R. PADOVA. (gk, ) (Entered: January 30, 2007)
January 30, 2007 40 ORDER THAT THIS MATTER IS REFERRED TO MAGISTRATE JUDGE TIMOTHY R. RICE FOR A SETTLEMENT CONFERENCE. SIGNED BY JUDGE JOHN R. PADOVA ON 1/30/2007. 1/30/2007 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: January 30, 2007)
February 1, 2007 41 Disclosure Statement Form pursuant to FRCP 7.1 filed by DEFENDANTS HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.(mbh, ) Additional attachment(s) added on 6/20/2007 (bj, ). (Entered: 02/01/2007)
February 1, 2007 42 Transcript of Preliminary Hearing held on 1/26/2007 before Judge John R. Padova. ESR/Court Reporter: Jennifer Cabrera. (mbh, ) (Entered: February 2, 2007)
February 2, 2007 43 Minute Entry for Settlement Conference held on 1/31/2007 before Judge Rice. (mbh, ) (Entered: February 2, 2007)
February 7, 2007 44 Declaration of David Kessler by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP., CERTIFICATE OF SERVICE. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Certificate of Service)(HACKETT, LIZANNE) Modified on 2/8/2007 (afm, ). (Entered: February 7, 2007)
February 8, 2007 45 Disclosure Statement Form pursuant to FRCP 7.1 including Johnson & Johnson with Certificate of Service by MCNEIL NUTRITIONALS, LLC. (Attachments: # 1 Certificate of Service)(D'AMBRA, ANDREA) (Entered: February 8, 2007)
February 8, 2007 46 ORDER THAT ORAL ARGUMENT IS SCHEDULED FOR 3/13/2007 AT 10:00 AM IN COURTROOM 17A. SIGNED BY JUDGE JOHN R. PADOVA ON 2/7/2007. 2/8/2007 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: February 8, 2007)
February 8, 2007 47 Minute Entry for proceedings held before Judge JOHN R. PADOVA : Motion Hearing held on 2/7/06 re 5 MOTION for Preliminary Injunction. Court Reporter: J. CABRERA. (stb, ) (Entered: February 9, 2007)
February 20, 2007 48 Proposed Findings of Fact and Conclusions of Law by MCNEIL NUTRITIONALS, LLC., CERTIFICATE OF SERVICE. (Attachments: # 1 Certificate of Service)(D'AMBRA, ANDREA) Modified on 2/22/2007 (afm, ). (Entered: February 20, 2007)
March 5, 2007 49 MOTION for Leave to File Supplementation to the Record filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP..Memorandum, Certificate of Service (SUPPLEMENT AND EXHIBIT ATTACHED). (Attachments: # 1 Memorandum of Law# 2 Second Supplemental Declaration of Teodor Gelov# 3 Exhibit A to Second Supplemental Declaration of Teodor Gelov# 4 Certificate of Service)(HACKETT, LIZANNE) Modified on 3/6/2007 (afm, ). (Entered: March 5, 2007)
March 5, 2007 50 AMENDED CERTIFICATE OF SERVICE by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. Amendment to 49 MOTION for Leave to File Supplementation to the Record . (HACKETT, LIZANNE) Modified on 3/6/2007 (afm, ). (Entered: March 5, 2007)
March 6, 2007 51 AMENDED DOCUMENT by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. Amendment to 49 MOTION for Leave to File Supplementation to the Record Proposed Order Granting Defendants' Motion for Leave to Supplement the Record. (HACKETT, LIZANNE) (Entered: March 6, 2007)
March 6, 2007 52 Proposed Findings of Fact and Conclusions of Law by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. Certificate of Service (Attachments: # 1 Exhibit A to Defendants' Proposed Findings of Fact and Conclusions of Law# 2 Exhibit B to Defendants' Proposed Findings of Fact and Conclusions of Law# 3 Certificate of Service)(HACKETT, LIZANNE) (Entered: March 6, 2007)
March 12, 2007 53 Exhibit List (Joint List of Exhibits Admitted into Evidence During the Preliminary Injunction Hearing) by MCNEIL NUTRITIONALS, LLC.. (D'AMBRA, ANDREA) (Entered: March 12, 2007)
March 12, 2007 54 RESPONSE in Opposition re 49 MOTION for Leave to File Supplementation to the Record filed by MCNEIL NUTRITIONALS, LLC. (Attachments: # 1 Declaration# 2 Certificate of Service)(D'AMBRA, ANDREA) (Entered: March 12, 2007)
March 14, 2007 55 Minute Entry for Argument/Hearing held on 3/13/2007 before Judge John R. Padova. Hearing taken under advisement. ESR/Court Reporter: Jenniffer Cabrera. (mbh, ) (Entered: March 14, 2007)
March 19, 2007 56 Transcript of Oral Arguments on Motion for Preliminary Injunction held on 3/13/2007 before Judge John R. Padova. ESR/Court Reporter: Jennifer Cabrera. (mbh, ) (Entered: March 19, 2007)
May 11, 2007 57 Second MOTION for Leave to File Supplement the Record filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP..Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Defendants' Second Motion for Leave to Supplement the Record# 2 Exhibit A in Support of Defendants' Second Motion for Leave to Supplement the Record# 3 Text of Proposed Order Granting Defendants' Second Motion for Leave to Supplement the Record# 4 Certificate of Service)(HACKETT, LIZANNE) (Entered: May 11, 2007)
May 21, 2007 58 MEMORANDUM AND ORDER THAT PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION IS DENIED. IT IS FURTHER ORDERED THAT DEFENDANTS' MOTION FOR LEAVE TO FILE SUPPLEMENTATION TO THE RECORD IS DISMISSED. SIGNED BY JUDGE JOHN R. PADOVA ON 5/21/2007. 5/21/2007 ENTERED AND COPIES MAILED AND E-MAILED.(Attachments: # 1 Appendix)(mbh, ) (Entered: May 21, 2007)
May 21, 2007 59 Minute Entry for Telephone Conference held on 5/16/2007 before Judge Padova. (mbh, ) (Entered: May 22, 2007)
May 29, 2007 60 Notice of Appeal as to 58 Memorandum & Opinion filed by PLAINTIFF MCNEIL NUTRITIONALS, LLC. Filing fee $ 455.00, receipt number 939725. Copies to Judge, Clerk USCA, Appeals Clerk and ANDREA L. D'AMBRA, ABBE F. FLETMAN, LIZANNE V. HACKETT, DAVID J. KESSLER, WILLIAM L. O'CONNOR, KARLA G. SANCHEZ, DAVID G. SEWELL and STEVEN A. ZALESIN, Certificate of Service. (mbh, ) (Entered: May 30, 2007)
May 29, 2007 61 Clerk's Notice to USCA re 60 Notice of Appeal.(mbh, ) (Entered: May 30, 2007)
June 1, 2007 NOTICE of Docketing Record on Appeal from USCA re 60 Notice of Appeal, filed by MCNEIL NUTRITIONALS, LLC. USCA Case Number 07-2644 (jl, ) (Entered: June 1, 2007)
June 8, 2007 62 TRANSCRIPT of Proceedings held on 2/7/07 before Judge PADOVA. Court Reporter: JENNIFER CABRERA. PRELIMINARY INJUNCTION HEARING (jl, ) (Entered: June 8, 2007)
June 8, 2007 63 Copy of TPO Form re 60 Notice of Appeal. (mbh, ) (mk, ). (Entered: June 11, 2007)
January 3, 2008 64 NOTICE of Hearing: STATUS CONFERENCE SET FOR 1/23/2008 02:00 PM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: January 3, 2008)
January 16, 2008 65 ORDER THAT ALL COUNSEL IN THIS MATTER ARE REQUIRED TO REGISTER AS ELECTRONIC CASE FILING USERS AND ALL DOCUMENTS, EXCEPT FOR THOSE EXCLUDED IN ACCORDANCE WITH L.R.C.P. 5.1.2, 16B, SHALL BE FILED ELECTRONICALLY THROUGH THE ELECTRONIC CASE FILING SYSTEM. SIGNED BY HONORABLE JOHN R. PADOVA ON 1/16/2008. 1/16/2008 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 01/16/2008)
January 17, 2008 66 ORDER of USCA as to 60 Notice of Appeal filed by MCNEIL NUTRITIONALS, LLC. The order of the District Court entered 5/21/2007, be and the same is hereby affirmed in part, reversed in part and remanded to the District Court for furtgher proceeding. Each party shall bear its own costs. (mbh, ) (Entered: January 17, 2008)
January 23, 2008 67 Minute Entry for a Status Conference held on 1/23/2008 before Judge Padova. (mbh, ) (Entered: January 24, 2008)
February 13, 2008 68 MOTION for Leave to File (Plaintiff's Motion for Leave to Supplement or Reopen the Record) filed by MCNEIL NUTRITIONALS, LLC.Memorandum of Law, Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Plaintiff's Motion for Leave to Supplement or Reopen the Record, # 2 Exhibit A to Memorandum of Law, # 3 Text of Proposed Order, # 4 Affidavit of Service)(SANCHEZ, KARLA) (Entered: February 13, 2008)
February 13, 2008 69 Memorandum of Law in Support of Plaintiff's Renewed Application for a Preliminary Injunction by MCNEIL NUTRITIONALS, LLC. (Attachments: # 1 Affidavit of Service) (SANCHEZ, KARLA) (Entered: February 13, 2008)
March 3, 2008 70 RESPONSE in Opposition re 68 MOTION for Leave to File (Plaintiff's Motion for Leave to Supplement or Reopen the Record) MOTION for Leave to File (Plaintiff's Motion for Leave to Supplement or Reopen the Record) Re Plaintiff's Renewed Motion for a Preliminary Injunction filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (Attachments: # 1 Part 2 - Memorandum of Law, # 2 Part 3 - Memorandum of Law, # 3 Part 4 - Memorandum of Law, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Certificate of Service, # 9 Text of Proposed Order Denying Plaintiff's Renewed Motion for a Preliminary Injunction)(HACKETT, LIZANNE) (Entered: March 3, 2008)
March 3, 2008 71 RESPONSE to Motion re 68 MOTION for Leave to File (Plaintiff's Motion for Leave to Supplement or Reopen the Record) MOTION for Leave to File (Plaintiff's Motion for Leave to Supplement or Reopen the Record) Defendant's Memorandum of Law in Response to Plaintiff's Motion for Leave to Supplement and/or Reopen the Record and in Support of Defendants' Motion for Leave to Supplement the Record filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service, # 6 Text of Proposed Order)(HACKETT, LIZANNE) (Entered: March 3, 2008)
March 12, 2008 72 JOINT STIPULATION AND ORDER THAT PROCEEDINGS IN THIS MATTER SHALL BE STAYED FOR 14 DAYS IN ORDER THAT SETTLEMENT DISCUSSIONS MAY PROCEED. IF, AT THE END OF THAT PERIOD, THE PARTIES HAVE BEEN UNABLE TO REACH AGREEMENT, MCNEIL WILL HAVE 10 DAYS TO FILE A MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION AND ITS RESPONSE TO HEARTLAND'S MOTION TO REOPEN THE RECORD. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/11/2008. 3/13/2008 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: March 13, 2008)
March 31, 2008 73 JOINT STIPULATION AND ORDER THAT THE CURRENT STAY OF PROCEEDINGS SHALL BE EXTENDED THROUGH 4/8/2008 IN ORDER THAT SETTLEMENT DISCUSSIONS MAY PROCEED. IF, AT THE END OF THAT PERIOD, THE PARTIES HAVE BEEN UNABLE TO REACH AN AGREEMENT, MCNEIL WILL HAVE 10 DAYS OR UNTIL 4/18/2008 TO FILE A MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION AND ITS RESPONSE TO HEARTLAND'S MOTION TO REOPEN THE RECORD. SIGNED BY HONORABLE JOHN R. PADOVA ON 3/31/2008. 4/1/2008 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: 04/01/2008)
April 17, 2008 74 MOTION for Extension of Time to Complete Discovery filed by MCNEIL NUTRITIONALS, LLC.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Declaration, # 2 Text of Proposed Order, # 3 Certificate of Service)(D'AMBRA, ANDREA) (Entered: April 17, 2008)
April 22, 2008 75 RESPONSE in Opposition re 74 MOTION for Extension of Time to Complete Discovery filed by HEARTLAND SWEETENERS LLC, HEARTLAND PACKAGING CORP.. (Attachments: # 1 Text of Proposed Order Denying Plaintiff's Motion for Extension of Time to Conduct Discovery, # 2 Certificate of Service)(HACKETT, LIZANNE) (Entered: April 22, 2008)
April 24, 2008 Set/Reset Scheduling Order Deadlines: DISCOVERY DUE BY 5/7/2008. MOTIONS DUE BY 5/14/2008. (jl, ) (Entered: April 24, 2008)
April 24, 2008 76 ORDER THAT PLAINTIFF'S MOTION AND MEMORANDUM OF LAW FOR AN EXTENSION OF TIME IN ORDER TO CONDUCT LIMITED DISCOVERY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION IS GRANTED. THE PARTIES SHALL COMPLETE ANY DISCOVERY BY 5/7/08. PLAINTIFF SHALL FILE ITS MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION ON OR BEFORE 5/14/08; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/23/08. 4/24/08 ENTERED AND E-MAILED.(jl, ) (Entered: April 24, 2008)
April 24, 2008 77 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO SUPPLEMENT OR REOPEN THE RECORD IS GRANTED AS UNOPPOSED; ETC.. SIGNED BY HONORABLE JOHN R. PADOVA ON 4/23/08. 4/23/08 ENTERED AND E-MAILED.(jl, ) (Entered: April 24, 2008)
May 14, 2008 78 Plaintiff's Motion and Memorandum for Leave to File a Reply in Support of its Renewed Application for a Preliminary Injunction. (FILED UNDER SEAL)(mbh, ) (Entered: May 15, 2008)
May 14, 2008 79 Declaration of KARLA G. SANCHEZ. (FILED UNDER SEAL) (mbh, ) (Entered: May 15, 2008)
May 14, 2008 80 MOTION AND MEMORANDUM FOR LEAVE TO FILE UNDER SEAL ITS REPLY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION FILED BY PLAINTIFF MCNEIL NUTRITIONALS, LLC., CERTIFICATE OF SERVICE. (FILED UNDER SEAL)(mbh, ) (Entered: May 15, 2008)
May 16, 2008 81 ORDER THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE A REPLY IN SUPPORT OF ITS RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION AND MOTION TO FILE ITS REPLY UNDER SEAL ARE GRANTED. THE CLERK OF COURT IS DIRECTED TO FILE UNDER SEAL THE REPLY IN SUPPORT OF PLAINTIFF'S RENEWED APPLICATION FOR A PRELIMINARY INJUNCTION, ATTACHED AS EXHIBIT A TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A REPLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/16/2008. 5/16/2008 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: May 16, 2008)
May 16, 2008 82 McNeil's Reply in Support of its Renewed Application for a Preliminary Injunction. (FILED UNDER SEAL) (mbh, ) (Entered: May 16, 2008)
May 21, 2008 83 ORDER THAT DEFENDANTS' MOTION FOR LEAVE TO SUPPLEMENT THE RECORD IS GRANTED AS UNOPPOSED AND THE RECORD IN THIS MATTER IS SUPPLEMENTEDTO INCLUDE EXHIBITS 1 THROUGH 4 TO DEFENDANTS' MOTION. SIGNED BY HONORABLE JOHN R. PADOVA ON 5/21/2008. 5/22/2008 ENTERED AND COPIES E-MAILED.(mbh, ) (Entered: May 22, 2008)
June 26, 2008 84 MEMORANDUM AND ORDER THAT THE PLAINTIFF'S APPLICATION FOR PRELIMINARY INJUNCTION IS GRANTED AS OUTLINED HEREIN; THE PARITES MAY FILE, WITHIN 10 DAYS OF THE DATE OF THIS ORDER, A MOTION FOR RECONSIDERATION. SIGNED BY HONORABLE JOHN R. PADOVA ON 6/26/2008. 6/27/2008 ENTERED AND COPIES E-MAILED.(ap, ) Modified on 6/30/2008 (afm, ). (Entered: June 27, 2008)
June 30, 2008 PRELIMINARY INJUNCTION BOND BOND in the amount of $ $500,000.00 with FEDERAL INSURANCE COMPANY as surety posted by PLAINTIFF MCNEIL NUTRITIONALS, LLC. (jpd) (Entered: July 1, 2008)
July 8, 2008 85 NOTICE of Hearing: STATUS CONFERENCE SET FOR 8/26/2008 10:30 AM IN JUDGE'S CHAMBERS BEFORE HONORABLE JOHN R. PADOVA.(gk, ) (Entered: July 8, 2008)
Docket Report Last Checked: July 9, 2008 10:10:13 PDT
Search for this case: MCNEIL NUTRITIONALS, LLC v. HEARTLAND SWEETENERS LLC et al
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Plaintiff: MCNEIL NUTRITIONALS, LLC
Represented By: ANDREA L. D'AMBRA, DAVID J. KESSLER, KARLA G. SANCHEZ, DAVID G. SEWELL, STEVEN A. ZALESIN
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Defendant: HEARTLAND SWEETENERS LLC
Represented By: ABBE F. FLETMAN, LIZANNE V. HACKETT, WILLIAM L. O'CONNOR
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]
Defendant: HEARTLAND PACKAGING CORP.
Represented By: ABBE F. FLETMAN, LIZANNE V. HACKETT, WILLIAM L. O'CONNOR
Search Dockets[ Dockets ]
Search Blogs[ Justia BlawgSearch | BlawgSearch Google Co-op | Blawg.com | Bloglines | Feedster | Google Blogsearch | Technorati ]
Search News[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance[ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web[ Legal Web | Google | MSN | Yahoo | Ask ]