DeFalco v. Vibram USA, LLC

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:13-cv-10764
District Judge Douglas P. Woodlock, presiding
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District Judge Douglas P. Woodlock
Last Updated January 7, 2019 at 2:42 AM EST (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Brian DeFalco, Plaintiff

Represented by Berman DeValerio, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Glenn DeValerio +1 617 542 8300 +1 617 542 1194 gdevalerio@bermandevalerio.com
ATTORNEY TO BE NOTICED Nathaniel L. Orenstein +1 617 542 8300 +1 617 542 1194 norenstein@bermanesq.com

Represented by Sweetnam LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Matthew M Rossetti +1 847 559 9040 +1 847 919 4399 mmr@sweetnamllc.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William M Sweetnam +1 847 498 7500 +1 847 919 4399 wms@sweetnamllc.com

Represented by WHATLEYKALLAS LLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Patrick J. Sheehan +1 970 300 4848 +1 970 427 5536 psheehan@whatleykallas.com
v.
No Logo Vibram Fivefingers, LLC, Defendant
No Logo Vibram USA, LLC, Defendant

Represented by Jones Day Reavis & Pogue

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Dana Baiocco +1 412 391 3939 dbaiocco@jonesday.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED James R. Daly +1 312 782 3939 +1 312 782 8585 jrdaly@jonesday.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Melissa B. Hirst +1 312 269 4157 +1 312 782 8585 mbhirst@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher M. Morrison +1 617 960 3939 +1 212 755 7306 cmorrison@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathon H. Roth +1 617 449 6911 jhroth@jonesday.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Joseph B. Sconyers +1 617 449 6901 +1 617 449 6999 jsconyers@jonesday.com
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 370 - Fraud or Truth-In-Lending
Timeline
  Entries (111) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 111 Filed: 1/26/2016, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered finding as moot (118) Motion for Bond in case 1:12-cv-10513-DPW; finding as moot (102) Motion for Bond in case 1:13-cv-10764-DPW, in light of the issuance of mandates in these matters by the Court of Appeals. Associated Cases: 1:12-cv-10513-DPW, 1:13-cv-10764-DPW(Woodlock, Douglas) (Entered: 01/26/2016)
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Legal Document (Payment Possibly Required) 110 Filed: 1/25/2016, Entered: None
USCA TAXATION OF COSTS as to 98 Notice of Appeal filed by Justin Ference. TAXATION of costs issued in favor of Appellant Madeline Monti Cain and Appellee Valerie Bezdek in 15-1207, Appellee Valerie Bezdek in 15-1208, Appellee Brian DeFalco in 15-1209 in the amount of $133.90. (Paine, Matthew) (Entered: 01/25/2016)
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Legal Document (Payment Possibly Required) 109 Filed: 1/22/2016, Entered: None
MANDATE of USCA as to 98 Notice of Appeal filed by Justin Ference. Appeal 98 Terminated (Paine, Matthew) (Entered: 01/25/2016)
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Legal Document (Payment Possibly Required) 108 Filed: 12/31/2015, Entered: None
USCA Judgment as to 98 Notice of Appeal filed by Justin Ference. AFFIRMED... (Paine, Matthew) (Entered: 01/04/2016)
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Legal Document (Payment Possibly Required) 107 Filed: 12/31/2015, Entered: None
OPINION of USCA as to 98 Notice of Appeal filed by Justin Ference. (Paine, Matthew) (Entered: 01/04/2016)
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Legal Document (Payment Possibly Required) 106 Filed: 7/2/2015, Entered: None
Notice of Supplemental Authorities re 102 Joint MOTION for Bond Pursuant to Fed. R. App. P. 7 (Attachments: # 1 Exhibit Order in Hill v. State Street Corp., Civil Action No. 09-12146-GAO (D. Mass.))(Morrison, Christopher) (Entered: 07/02/2015)
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Legal Document (Payment Possibly Required) 105 Filed: 5/20/2015, Entered: None
Joint Notice of Supplemental Authorities re 102 Joint MOTION for Bond Pursuant to Fed. R. App. P. 7 (Attachments: # 1 Exhibit Order in Davitt v. American Honda Motor Co., No. 2:13-cv-00381-MCA-JBC (D.N.J.))(Morrison, Christopher) (Entered: 05/20/2015)
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Legal Document (Payment Possibly Required) 104 Filed: 3/26/2015, Entered: None
Opposition re 102 Joint MOTION for Bond Pursuant to Fed. R. App. P. 7 filed by Justin Ference. (Aisenberg, David) (Entered: 03/26/2015)
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Blank 103 Filed: 3/16/2015, Entered: None
MEMORANDUM in Support re 102 Joint MOTION for Bond Pursuant to Fed. R. App. P. 7 filed by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit Declaration of Christopher M. Morrison, # 2 Exhibit Declaration of Janine Pollack, # 3 Exhibit In re Netflix, 2011-CV-00379-EJD, Docket No. 341, # 4 Exhibit Arnold v. FitFlop USA, LLC, No. 11-cv-0973W, 2014 WL 3014679)(Morrison, Christopher) (Entered: 03/16/2015)
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Blank 102 Filed: 3/16/2015, Entered: None
Joint MOTION for Bond Pursuant to Fed. R. App. P. 7 by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC.(Morrison, Christopher) (Entered: 03/16/2015)
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Legal Document (Payment Possibly Required) 101 Filed: 2/17/2015, Entered: None
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 98 Notice of Appeal. (Paine, Matthew) (Entered: 02/18/2015)
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Legal Document (Payment Possibly Required) 100 Filed: 2/17/2015, Entered: None
USCA Case Number 15-1209 for 98 Notice of Appeal filed by Justin Ference. (Paine, Matthew) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 99 Filed: 2/17/2015, Entered: None
NOTICE of Appearance by David C. Aisenberg on behalf of Justin Ference (Aisenberg, David) (Entered: 02/17/2015)
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Legal Document (Payment Possibly Required) 98 Filed: 2/13/2015, Entered: None
NOTICE OF APPEAL as to 97 Judgment, 95 Memorandum & ORDER,, 96 Order by Justin Ference Filing fee: $ 505, receipt number 0101-5408239 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 3/5/2015. (Aisenberg, David) (Entered: 02/13/2015)
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Legal Document (Payment Possibly Required) 97 Filed: 1/21/2015, Entered: None Court Filing
Judge Douglas P. Woodlock: ORDER entered. FINAL JUDGMENT. (Lovett, Jarrett) (Entered: 01/22/2015)
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Legal Document (Payment Possibly Required) 96 Filed: 1/21/2015, Entered: None Court Filing
Judge Douglas P. Woodlock: FINAL ORDER APPROVING CLASS ACTION SETTLEMENT entered. (Woodlock, Douglas) (Entered: 01/21/2015)
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Legal Document (Payment Possibly Required) 95 Filed: 1/16/2015, Entered: None Court Filing
Judge Douglas P. Woodlock: ORDER entered. MEMORANDUM AND ORDER granting (#78 in in case 1:13-cv-10764-DPW) and (#80 in case 1:12-cv-10513-DPW) plaintiffs motion for final approval of the proposed class action settlement, granting the plaintiffs motion for attorneys fees, expenses, and service awards, as refined by class counsels subsequent revision to the requested expenses, and denying the plaintiffs motion for discovery of objectors. Associated Cases: 1:12-cv-10513-DPW, 1:13-cv-10764-DPW(Lovett, Jarrett) (Entered: 01/16/2015)
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Legal Document (Payment Possibly Required) 94 Filed: 11/12/2014, Entered: None
DECLARATION re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - -Declaration of James R. Prutsman, MBA, in Response to Court's Request- by Brian DeFalco. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Orenstein, Nathaniel) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 93 Filed: 11/12/2014, Entered: None
DECLARATION re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - -Supplemental Declaration of Janine L. Pollack in Further Support of Plaintiffs' Motion for Final Approval of Class Action Settlement- by Brian DeFalco. (Orenstein, Nathaniel) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 92 Filed: 11/12/2014, Entered: None
Joint MEMORANDUM in Support re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - filed by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Morrison, Christopher) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 91 Filed: 11/12/2014, Entered: None
DECLARATION re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - Declaration of Christopher M. Morrison by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Morrison, Christopher) (Entered: 11/12/2014)
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Legal Document (Payment Possibly Required) 90 Filed: 11/5/2014, Entered: None Court Filing
Transcript of Settlement Conference held on October 29, 2014, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Brenda Hancock at 617-439-3214 Redaction Request due 11/26/2014. Redacted Transcript Deadline set for 12/8/2014. Release of Transcript Restriction set for 2/3/2015. Associated Cases: 1:12-cv-10513-DPW, 1:13-cv-10764-DPW(Scalfani, Deborah) (Entered: 11/05/2014)
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Legal Document (Payment Possibly Required) 89 Filed: 10/29/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Final Settlement Conference held on 10/29/2014; arguments made, revisions to made re final judgment proposal; (#78 in in case 1:13-cv-10764-DPW) and (#80 in case 1:12-cv-10513-DPW) Motion for Final Approval of Class Action Settlement is TAKEN UNDER ADVISEMENT pending further briefing due within two weeks; (#89 in case 1:12-cv-10513-DPW) and (#82 in case 1:13-cv-10764-DPW) Motion for Leave to Conduct Limited Discovery of Objectors is DENIED AS MOOT. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Andrews. Baiocco, Cain, Morrison, and Pollack) Associated Cases: 1:12-cv-10513-DPW, 1:13-cv-10764-DPW(Lovett, Jarrett) (Entered: 10/30/2014)
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Legal Document (Payment Possibly Required) 88 Filed: 10/29/2014, Entered: None
NOTICE of Appearance by Daryl DeValerio Andrews on behalf of Brian DeFalco (Andrews, Daryl) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 87 Filed: 10/29/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 84 Unopposed Motion for Leave to File Excess Pages. (Lovett, Jarrett) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 86 Filed: 10/15/2014, Entered: None
DECLARATION re 85 Memorandum in Support of Motion, 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - -Declaration of James R. Prutsman, MBA, In Further Support of Joint Motion For Final Approval of Class Action Settlement- by Brian DeFalco. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(DeValerio, Glen) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 85 Filed: 10/15/2014, Entered: None
Supplemental MEMORANDUM in Support re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - filed by Brian DeFalco. (Attachments: # 1 Exhibit 1, # 2 Exhibit A)(DeValerio, Glen) (Entered: 10/15/2014)
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Legal Document (Payment Possibly Required) 84 Filed: 10/10/2014, Entered: None
MOTION for Leave to File Excess Pages - Plaintiffs' Unopposed Motion To File Overlength Brief - by Brian DeFalco.(Orenstein, Nathaniel) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 83 Filed: 10/10/2014, Entered: None Court Filing
ELECTRONIC PROCEDURAL NOTICE: 82 Plaintiffs' MOTION For Leave to Conduct Limited Discovery of Objectors to the Settlement, and 78 Plaintiffs' MOTION For Final Approval Of Class Action Settlement will both be addressed at the hearing set for 10/29/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 10/10/2014)
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Legal Document (Payment Possibly Required) 82 Filed: 9/18/2014, Entered: None
MOTION for Discovery -Plaintiff's Motion For Leave to Conduct Limited Discovery of Objectors to the Settlement- by Brian DeFalco.(DeValerio, Glen) (Entered: 09/18/2014)
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Legal Document (Payment Possibly Required) 81 Filed: 8/4/2014, Entered: None
MEMORANDUM in Support re 78 MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - LEAVE TO FILE GRANTED ON AUGUST 4, 2014 - filed by Brian DeFalco. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 - PART 1, # 3 Exhibit 2 - PART 2, # 4 Exhibit 2 - PART 3, # 5 Exhibit 2- PART 4, # 6 Exhibit 2 - PART 5, # 7 Exhibit 2 - PART 6, # 8 Exhibit 2 - PART 7, # 9 Exhibit 3 - 7, # 10 Exhibit 8 - 10, # 11 Exhibit 11, # 12 Exhibit 12 - 14)(Orenstein, Nathaniel) (Entered: 08/04/2014)
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Legal Document (Payment Possibly Required) 80 Filed: 8/4/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 79 Unopposed Motion for Leave to File Excess Pages. (Lovett, Jarrett) (Entered: 08/04/2014)
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Legal Document (Payment Possibly Required) 79 Filed: 8/1/2014, Entered: None
MOTION for Leave to File Excess Pages - Plaintiffs' Unopposed Motion To File Overlength Brief - by Brian DeFalco. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2 - PART 1, # 4 Exhibit 2 - PART 2, # 5 Exhibit 2 - PART 3, # 6 Exhibit 2 - PART 4, # 7 Exhibit 2 - PART 5, # 8 Exhibit 2 - PART 6, # 9 Exhibit 2 - PART 7, # 10 Exhibit 3 - 7, # 11 Exhibit 8 - 10, # 12 Exhibit 11, # 13 Exhibit 12 - 14)(Orenstein, Nathaniel) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 78 Filed: 8/1/2014, Entered: None
MOTION for Settlement - Plaintiffs' Motion For Final Approval Of Class Action Settlement - by Brian DeFalco.(Orenstein, Nathaniel) (Entered: 08/01/2014)
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Legal Document (Payment Possibly Required) 77 Filed: 6/11/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered approving 76 Notice (Other) re Agreed Settlement Schedule. DeFalco. See document 76 for specific deadlines. (Lovett, Jarrett) (Entered: 06/11/2014)
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Legal Document (Payment Possibly Required) 76 Filed: 5/23/2014, Entered: None
NOTICE by Brian DeFalco -Agreed Settlement Schedule- (DeValerio, Glen) (Entered: 05/23/2014)
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Legal Document (Payment Possibly Required) 75 Filed: 5/12/2014, Entered: None
SETTLEMENT AGREEMENT (Joint--Second Amended) by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit Claim Form, # 2 Exhibit Claim Notice, # 3 Exhibit Proposed Final Order, # 4 Exhibit Proposed Final Judgment, # 5 Exhibit Proposed Order Authorizing Notice, # 6 Exhibit Summary Settlement Notice, # 7 Exhibit Settlement Claim Procedures and Claim Calculation Protocol, # 8 Exhibit Postcard Notice, # 9 Exhibit Stipulation of Dismissal of Safavi, # 10 Exhibit Banner Advertisements)(Morrison, Christopher) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 74 Filed: 5/12/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ORDER entered. ORDER AUTHORIZING NOTICE. (Lovett, Jarrett) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 73 Filed: 5/12/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Motion Hearing held on 5/12/2014 re 67 Plaintiffs' Motion For Preliminary Review of Class Action Settlement, Authorization of Class Notice and Setting of Final Approval Hearing; said motion GRANTED; Final Settlement Approval Conference set for 10/29/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at 617-439-3214)(Attorneys present: Baiocco, Morrison, Orenstein, Pollack) (Lovett, Jarrett) (Entered: 05/12/2014)
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Legal Document (Payment Possibly Required) 72 Filed: 5/11/2014, Entered: None
SETTLEMENT AGREEMENT (Joint--Amended) by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit Claim Form, # 2 Exhibit Class Notice, # 3 Exhibit Proposed Final Order, # 4 Exhibit Proposed Final Judgment, # 5 Exhibit Proposed Order Authorizing Notice, # 6 Exhibit Summary Settlement Notice, # 7 Exhibit Settlement Claim Procedures and Claim Calculation Protocol, # 8 Exhibit Postcard Notice, # 9 Exhibit Stipulation of Dismissal, # 10 Exhibit Banner Advertisements)(Morrison, Christopher) (Entered: 05/11/2014)
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Legal Document (Payment Possibly Required) 71 Filed: 5/1/2014, Entered: None
STATUS REPORT - Joint Status Report by Brian DeFalco. (Orenstein, Nathaniel) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 70 Filed: 5/1/2014, Entered: None
MEMORANDUM in Support re 67 MOTION for Settlement -Plaintiffs' Motion For Preliminary Review of Class Action Settlement, Authorization of Class Notice and Setting of Final Approval Hearing- -Leave to File Granted on May 1, 2014- filed by Brian DeFalco. (Attachments: # 1 Exhibit 1, # 2 Exhibit A)(DeValerio, Glen) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 69 Filed: 5/1/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 68 Plaintiffs' Unopposed Motion to File Overlength Brief. (Lovett, Jarrett) (Entered: 05/01/2014)
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Legal Document (Payment Possibly Required) 68 Filed: 4/30/2014, Entered: None
MOTION for Leave to File Excess Pages -Plaintiffs' Unopposed Motion to File Overlength Brief- by Brian DeFalco. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit A)(DeValerio, Glen) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 67 Filed: 4/30/2014, Entered: None
MOTION for Settlement -Plaintiffs' Motion For Preliminary Review of Class Action Settlement, Authorization of Class Notice and Setting of Final Approval Hearing- by Brian DeFalco.(DeValerio, Glen) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 66 Filed: 4/30/2014, Entered: None
SETTLEMENT AGREEMENT (ALL PARTIES) by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit Claim Form, # 2 Exhibit Claim Notice, # 3 Text of Proposed Order Proposed Final Order, # 4 Text of Proposed Order Proposed Final Judgment, # 5 Text of Proposed Order Proposed Order Authorizing Notice, # 6 Exhibit Summary Settlement Notice, # 7 Exhibit Settlement Claim Procedures and Claim Calculation Protocol, # 8 Exhibit Postcard Notice, # 9 Exhibit Stipulation of Dismissal of Safavi, # 10 Exhibit Banner Advertisements)(Morrison, Christopher) (Entered: 04/30/2014)
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Legal Document (Payment Possibly Required) 65 Filed: 4/1/2014, Entered: None
STATUS REPORT (Joint) by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Morrison, Christopher) (Entered: 04/01/2014)
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Legal Document (Payment Possibly Required) 64 Filed: 3/18/2014, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Status Conference held on 3/18/2014, Court inquires as to status of settlement agreement. Counsel reports that a resolution should be reached soon. Parties to submit Motion for Authorization of notice by 4/30/14. Motion Hearing set for 5/12/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Catherine Handel at 617-261-0555.)(Attorneys present: Attorneys present: Janine L. Pollack, Nathaniel L. Orenstein, Christopher M. Morrison) (Moore, Kellyann) (Entered: 03/18/2014)
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Legal Document (Payment Possibly Required) 63 Filed: 3/3/2014, Entered: None
STATUS REPORT (Joint) by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Morrison, Christopher) (Entered: 03/03/2014)
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Legal Document (Payment Possibly Required) 62 Filed: 2/11/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered re 61 Joint Status Report; further Status Report due by 3/3/2014; Status Conference set for 3/18/2014 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock.(Lovett, Jarrett) (Entered: 02/11/2014)
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Legal Document (Payment Possibly Required) 61 Filed: 2/3/2014, Entered: None
STATUS REPORT by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Morrison, Christopher) (Entered: 02/03/2014)
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Legal Document (Payment Possibly Required) 60 Filed: 1/2/2014, Entered: None
Set/Reset Deadlines: Joint Status Report due by 2/3/2014. (Lovett, Jarrett) (Entered: 01/02/2014)
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Legal Document (Payment Possibly Required) 59 Filed: 1/2/2014, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 58 Joint Motion to Stay Proceedings; further Ordering the filing of a joint status report the first business day of each month beginning 2/3/14 until status of settlement is resolved, parties are to file preliminary settlement papers styles as for preliminary review and authorization of notice. See In Re M3 POWER RAZOR SYSTEM MARKETING & SALES PRACTICE LITIGATION, Cite as 270 F.R.D. 45 (D. Mass. 2010). (Lovett, Jarrett) (Entered: 01/02/2014)
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Legal Document (Payment Possibly Required) 58 Filed: 12/20/2013, Entered: None
Joint MOTION to Stay by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC.(Morrison, Christopher) (Entered: 12/20/2013)
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Legal Document (Payment Possibly Required) 57 Filed: 7/2/2013, Entered: None Court Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Douglas P. Woodlock: Initial Scheduling Conference held on 7/2/2013; Court Orders fact discovery to be completed by 4/21/14; pltffs experts identified by 12/27/13; Motion for Class Certification due by 1/10/14; defts experts identified by 3/12/14; opposition to Motion for Class Certification due by 3/26/14; motion for leave to file reply due by 4/11/14; motion for leave to file sur-reply due by 4/18/14; Motion for Class Certification Hearing is set for 5/7/2014 02:30 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Court Reporter: Brenda Hancock at 617-439-3214.)(Attorneys present: Baiocco, Morrison, Sweetnam) (Lovett, Jarrett) (Entered: 07/02/2013)
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Legal Document (Payment Possibly Required) 56 Filed: 6/18/2013, Entered: None Court Filing
ELECTRONIC NOTICE OF RESCHEDULING: Initial Scheduling Conference reset for 7/2/2013 02:00 PM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 06/18/2013)
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Legal Document (Payment Possibly Required) 55 Filed: 6/18/2013, Entered: None
JOINT SUBMISSION pursuant to Local Rule 16.1 Joint Scheduling Proposal by Brian DeFalco.(Sheehan, Patrick) (Entered: 06/18/2013)
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Legal Document (Payment Possibly Required) 54 Filed: 6/12/2013, Entered: None
ELECTRONIC NOTICE Canceling Hearing: Due to a conflict with the Court's schedule, the Initial Scheduling Conference of 6/21/13 is canceled. The parties are directed to contact the Courtroom Deputy Clerk for the purpose of selecting a new date. (Lovett, Jarrett) (Entered: 06/12/2013)
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Legal Document (Payment Possibly Required) 53 Filed: 6/3/2013, Entered: None
ANSWER to Complaint by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC.(Sconyers, Joseph) (Entered: 06/03/2013)
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Legal Document (Payment Possibly Required) 52 Filed: 5/20/2013, Entered: None Court Filing
NOTICE OF SCHEDULING INITIAL SCHEDULING CONFERENCE, ORDER FOR JOINT STATEMENT AND CERTIFICATIONS, AND ORDER FOR ELECTRONIC FILING: Initial Scheduling Conference set for 6/21/2013 09:30 AM in Courtroom 1 before Judge Douglas P. Woodlock. (Lovett, Jarrett) (Entered: 05/20/2013)
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Legal Document (Payment Possibly Required) 51 Filed: 5/2/2013, Entered: None Court Filing
Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 47 Motion for Leave to Appear Pro Hac Vice Added James R. Daly; granting 48 Motion for Leave to Appear Pro Hac Vice Added Melissa B. Hirst ; granting 49 Motion for Leave to Appear Pro Hac Vice Added William M. Sweetnam; granting 50 Motion for Leave to Appear Pro Hac Vice Added Matthew M. Rossetti. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Moore, Kellyann) (Entered: 05/02/2013)
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Legal Document (Payment Possibly Required) 50 Filed: 4/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice for admission of Matthew M. Rossetti Filing fee: $ 100, receipt number 0101-4411560 by Brian DeFalco. (Attachments: # 1 Exhibit Declaration)(Sheehan, Patrick) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 49 Filed: 4/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice for admission of William M. Sweetnam Filing fee: $ 100, receipt number 0101-4411558 by Brian DeFalco. (Attachments: # 1 Exhibit Declaration)(Sheehan, Patrick) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 48 Filed: 4/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice for admission of Melissa B. Hirst Filing fee: $ 100, receipt number 0101-4411227 by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit A)(Roth, Jonathon) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 47 Filed: 4/15/2013, Entered: None
MOTION for Leave to Appear Pro Hac Vice for admission of James R. Daly Filing fee: $ 100, receipt number 0101-4411219 by VIBRAM FIVEFINGERS LLC, Vibram USA, LLC. (Attachments: # 1 Exhibit A)(Roth, Jonathon) (Entered: 04/15/2013)
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Legal Document (Payment Possibly Required) 46 Filed: 4/9/2013, Entered: None
NOTICE of Appearance by Dana Baiocco on behalf of VIBRAM FIVEFINGERS LLC, Vibram USA, LLC (Baiocco, Dana) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 45 Filed: 4/9/2013, Entered: None
NOTICE of Appearance by Patrick J. Sheehan on behalf of Brian DeFalco (Sheehan, Patrick) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 44 Filed: 4/9/2013, Entered: None
NOTICE of Appearance by Christopher M. Morrison on behalf of VIBRAM FIVEFINGERS LLC, Vibram USA, LLC (Morrison, Christopher) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 43 Filed: 4/9/2013, Entered: None
NOTICE of Appearance by Jonathon H. Roth on behalf of VIBRAM FIVEFINGERS LLC, Vibram USA, LLC (Roth, Jonathon) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 42 Filed: 4/9/2013, Entered: None
NOTICE of Appearance by Joseph B. Sconyers on behalf of VIBRAM FIVEFINGERS LLC, Vibram USA, LLC (Sconyers, Joseph) (Entered: 04/09/2013)
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Legal Document (Payment Possibly Required) 41 Filed: 4/8/2013, Entered: None Court Filing
Case Reassigned to Judge Douglas P. Woodlock. Judge William G. Young no longer assigned to the case. (Paine, Matthew) (Entered: 04/08/2013)
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Legal Document (Payment Possibly Required) 40 Filed: 4/3/2013, Entered: None Court Filing
ELECTRONIC NOTICE of Case Assignment. Judge William G. Young assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Abaid, Kimberly) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 39 Filed: 4/3/2013, Entered: None
Case transferred in from District of Illinois Northern; Case Number 1:12-cv-07238. (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 4/3/2013, Entered: None
TRANSFERRED to the District of Massachusetts the electronic case file. (kj, ) (Entered: 04/03/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 3/18/2013, Entered: None
MEMORANDUM Opinion and Order Signed by the Honorable Virginia M. Kendall on 3/18/2013:Mailed notice(tlp, ) (Entered: 03/18/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 3/18/2013, Entered: None
MINUTE entry before Honorable Virginia M. Kendall: ENTER MEMORANDUM OPINION AND ORDER. For the reasons set forth, the Plaintiffs Motion to Remand 12 is denied. Defendant's Motion to Dismiss 16 is denied, in part, and granted in part. Defendant's Motion for Transfer 16 is granted. Venue for this case shall be transferred to the United States District Court for the District of Massachusetts. Mailed notice (tlp, ) (Entered: 03/18/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 2/21/2013, Entered: None
SUPPLEMENT to response in opposition to motion, 24 (Attachments: # 1 Exhibit)(Sweetnam, William) (Entered: 02/21/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 2/19/2013, Entered: None
MINUTE entry before Honorable Virginia M. Kendall:Status hearing held on 2/19/2013.Advised in open court notice (tsa, ) (Entered: 02/20/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 2/15/2013, Entered: None
SUPPLEMENT to response in opposition to motion, 24 (Sweetnam, William) (Entered: 02/15/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 1/8/2013, Entered: None
MINUTE entry before Honorable Virginia M. Kendall: Status hearing set for 1/8/2013 is stricken and reset for 2/19/2013 at 09:00 AM.Mailed notice (tsa, ) (Entered: 01/08/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 12/4/2012, Entered: None
REPLY by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC to response in opposition to motion, 24 , Motion to Dismiss for Failure to State a Claim, motion to transfer case, motion to stay 16 (Hirst, Melissa) (Entered: 12/04/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 12/4/2012, Entered: None
REPLY by Brian DeFalco to MOTION by Plaintiff Brian DeFalco to remand 12 (Sweetnam, William) (Entered: 12/04/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 11/27/2012, Entered: None
MINUTE entry before Honorable Virginia M. Kendall: MOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC for leave to file Under Seal Exhibit 1 to Exhibit B to the Amended Notice of Removal 26 is granted. Defendant to file a reply by 12/4/2012 to the motions to dismiss, transfer and stay 12 , 16 . Ruling will be made b mail.Advised in open court notice (tsa, ) (Entered: 11/27/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 11/21/2012, Entered: None
AMENDED attorney appearance 3 (Hirst, Melissa) (Entered: 11/21/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 11/20/2012, Entered: None
NOTICE of Motion by Melissa B. Hirst for presentment of motion for leave to file 26 before Honorable Virginia M. Kendall on 11/27/2012 at 09:00 AM. (Hirst, Melissa) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 11/20/2012, Entered: None
MOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC for leave to file Under Seal Exhibit 1 to Exhibit B to the Amended Notice of Removal (Attachments: # 1 Exhibit A - Letter Agreement)(Hirst, Melissa) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 11/20/2012, Entered: None
AMENDED notice of removal, 1 (Attachments: # 1 Exhibit A - Original Notice of Removal, # 2 Exhibit B - Declaration of E. Christopher Allen)(Hirst, Melissa) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 11/20/2012, Entered: None
RESPONSE by Brian DeFalcoin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIMMOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC to transfer case MOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC to stay 16 (Sweetnam, William) (Entered: 11/20/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 11/13/2012, Entered: None
ATTORNEY Appearance for Plaintiff Brian DeFalco by Matthew M Rossetti (Rossetti, Matthew) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 11/13/2012, Entered: None
STIPULATION regarding terminate hearings, status hearing, set motion and R&R deadlines/hearings,,, 21 (Sweetnam, William) (Entered: 11/13/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 10/15/2012, Entered: None
MINUTE entry before Honorable Virginia M. Kendall:Initial status hearing held on 10/15/2012. Plaintiff's motion to remand 12 and defendant's motion to dismiss, transfer or stay 6 are entered and briefed as follows: Responses due by 11/13/2012. Replies due by 11/27/2012. Ruling will be made by mail. Status hearing set for 1/8/2013 at 09:00 AM. Parties to enter into a protective order for the reasons stated on the record in open court.Advised in open court notice (tsa, ) (Entered: 10/15/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 10/12/2012, Entered: None
MINUTE entry before Honorable Virginia M. Kendall:Please renotice your motions for a different day. 10/18/2012 is unavailable.Mailed notice (tsa, ) (Entered: 10/12/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 10/12/2012, Entered: None Court Filing
MINUTE entry before Honorable Virginia M. Kendall:Notice of motion set for 10/18/2012 is stricken. The Court is away. Counsel should check Judge Kendall's webpage to determine the next available date and file another notice of motion.Mailed notice (tsa, ) (Entered: 10/12/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 10/11/2012, Entered: None
NOTICE of Motion by Melissa B. Hirst for presentment of Motion to Dismiss for Failure to State a Claim, motion to transfer case, motion to stay 16 before Honorable Virginia M. Kendall on 10/18/2012 at 09:00 AM. (Hirst, Melissa) (Entered: 10/11/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 10/11/2012, Entered: None
MEMORANDUM by Vibram FiveFingers, LLC, Vibram USA, LLC in support of Motion to Dismiss for Failure to State a Claim, motion to transfer case, motion to stay 16 (Attachments: # 1 Exhibit A-B)(Hirst, Melissa) (Entered: 10/11/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 10/11/2012, Entered: None
MOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC to Dismiss, Transfer Case, or Stay (Hirst, Melissa) (Docket Text modified by Clerks' Office.) (Entered: 10/11/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 10/10/2012, Entered: None
STATUS Report by Brian DeFalco, Vibram FiveFingers, LLC, Vibram USA, LLC (Sweetnam, William) (Entered: 10/10/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 10/4/2012, Entered: None
NOTICE of Motion by William M Sweetnam for presentment of motion to remand 12 before Honorable Virginia M. Kendall on 10/15/2012 at 09:00 AM. (Sweetnam, William) (Entered: 10/04/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 10/3/2012, Entered: None
NOTICE of Motion by William M Sweetnam for presentment of motion to remand 12 before Honorable Virginia M. Kendall on 10/9/2012 at 09:00 AM. (Sweetnam, William) (Entered: 10/03/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 10/3/2012, Entered: None
MOTION by Plaintiff Brian DeFalco to remand and memorandum in support (Sweetnam, William)(Docket text modified by Clerk's Office.) Modified on 10/4/2012 (kj, ). (Entered: 10/03/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 9/19/2012, Entered: None Court Filing
MINUTE entry before Honorable Virginia M. Kendall:Initial status hearing set for 10/15/2012 @ 9:00 a.m. Joint Status Report due by 10/10/2012. (See Judge Kendall's web page found at www.ilnd.uscourts.gov for information about status reports). The parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the Court's action herein. Lead counsel is directed to appear at this status hearing.Mailed notice (tsa, ) (Entered: 09/19/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 9/13/2012, Entered: None
MINUTE entry before Honorable Virginia M. Kendall:Agreed motion by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC for extension of time to answer or otherwise plead 8 to plaintiff's complaint is granted to 10/11/2012. Motion hearing set for 9/18/2012 on this motion is hereby stricken.Mailed notice (tsa, ) (Entered: 09/13/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 9/13/2012, Entered: None
NOTICE of Motion by Melissa B. Hirst for presentment of extension of time 8 before Honorable Virginia M. Kendall on 9/18/2012 at 09:00 AM. (Hirst, Melissa) (Entered: 09/13/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 9/13/2012, Entered: None
MOTION by Defendants Vibram FiveFingers, LLC, Vibram USA, LLC for extension of time to answer or otherwise plead (agreed motion) (Hirst, Melissa) (Entered: 09/13/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 9/12/2012, Entered: None
REQUEST for Clerk of Court to refund filing fee in the amount of 350, receipt no. 0752-7537104, (Hirst, Melissa) (Entered: 09/12/2012)
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Legal Document (Payment Possibly Required) 6 Filed: 9/11/2012, Entered: None
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by All Defendants (Hirst, Melissa) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 9/11/2012, Entered: None
ATTORNEY Appearance for Plaintiff Brian DeFalco by William M Sweetnam (Sweetnam, William) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 9/11/2012, Entered: None
ATTORNEY Appearance for Defendants Vibram FiveFingers, LLC, Vibram USA, LLC by James R. Daly (Daly, James) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 9/11/2012, Entered: None
ATTORNEY Appearance for Defendants Vibram FiveFingers, LLC, Vibram USA, LLC by Melissa B. Hirst (Hirst, Melissa) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 9/11/2012, Entered: None
CIVIL Cover Sheet (Hirst, Melissa) (Entered: 09/11/2012)
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Legal Document (Payment Possibly Required) 1 Filed: 9/11/2012, Entered: None
NOTICE of Removal from Will County, case number (2012 L 000601) filed by Vibram FiveFingers, LLC, Vibram USA, LLC Filing fee $ 350, receipt number 0752-7537132. (Attachments: # 1 Exhibit A (State Court Docket) and B (State Court Notice of Filing))(Hirst, Melissa) (Entered: 09/11/2012)
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