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Summary
Parties (26)
Timeline (114)
Attributes (2)
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Bay Area Warehouse Stores, Inc., Plaintiff |
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▼ Represented by Thompson Hine, LLP
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Food 4 Less of California, Inc., Plaintiff |
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▼ Represented by Thompson Hine, LLP
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Excentus Corporation, Counter-Claimant |
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▼ Represented by Fulbright & Jaworski, LLP
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Name |
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Fax |
E-Mail |
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Karl Glenn Dial |
+1 214 855 8050 |
+1 214 855 8200 |
karl.dial@nortonrosefulbright.com |
▼ Represented by Norton Rose Fulbright US LLP
Represented by White, Getgey & Meyer Company, LPA
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Alpha Beta Company, Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Bay Area Warehouse Stores, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Bell Markets, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Cala Foods, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Dillon Companies, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Food 4 Less of California, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Fred Meyer Stores, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Hughes Markets, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Junior Food Stores Of West Florida, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Kroger Company, Counter-Defendant
Officially listed as "Kroger Co."
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▼ Represented by Thompson Hine, LLP
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Kroger, Counter-Defendant
Officially listed as "Kroger Co. of Michigan"
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▼ Represented by Thompson Hine, LLP
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Kroger Limited Partnership I, Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Kroger Texas L.P., Counter-Defendant |
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Kwik Shop, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Mini Mart, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Quik Stop Markets, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Ralphs Grocery Company, Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Smith's Food & Drug Centers, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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TH Midwest, Inc., Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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Turkey Hill LP, Counter-Defendant |
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▼ Represented by Thompson Hine, LLP
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116 |
Filed: 9/27/2013, Entered: None |
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AMENDMENT TO 39 PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 9/25/13. (ba1) (Entered: 09/27/2013)
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Request |
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115 |
Filed: 9/20/2013, Entered: None |
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STIPULATION (Joint) to Amend Protective Order by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Proposed Order) (Butler, Stephen) (Entered: 09/20/2013)
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Request |
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114 |
Filed: 7/30/2013, Entered: None |
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STIPULATION of Dismissal (Joint) by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Butler, Stephen) (Entered: 07/30/2013)
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Request |
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113 |
Filed: 7/23/2013, Entered: None |
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ORDER REOPENING CASE. Signed by Judge Michael R. Barrett on 7/23/13. (ba1) (Entered: 07/23/2013)
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Request |
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112 |
Filed: 3/28/2013, Entered: None |
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ORDER DISMISSING CASE pursuant to a 120-day conditional dismissal. Signed by Judge Michael R. Barrett on 3/28/13. (ba1) (Entered: 03/28/2013)
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Request |
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111 |
Filed: 12/4/2012, Entered: None |
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Transcript of Proceedings (Motion Hearing) held on 11/16/12, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann Maffia (Official), Telephone number 513-564-7500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 12/26/2012. Redacted Transcript Deadline set for 1/4/2013. Release of Transcript Restriction set for 3/4/2013. (lk) (Entered: 12/04/2012)
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Request |
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110 |
Filed: 11/16/2012, Entered: None |
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AGREED SCHEDULING ORDER: Fact Discovery due by 5/21/2013. Initial Expert Witness Disclosure on issues on which each bears the burden of proof 4/12/13. Initial Expert Witness Disclosures on issues on which the opposing party bears the burden of proof by 5/10/13. Rebuttal experts 5/24/13. Expert depositions by 6/21/13. Motions due by 6/28/2013. Consent deadline 6/14/13. Final pretrial conference 8/2013. Jury trial 9/2013. Signed by Judge Michael R. Barrett on 11/16/12. (ba1) (Entered: 11/16/2012)
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Request |
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109 |
Filed: 11/16/2012, Entered: None |
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Minute Entry for proceedings held before Judge Michael R. Barrett: Hearing held on alignment/damages/bifurcation/discovery/scheduling 11/16/2012; counsel present; Court's decision to follow; a follow up discovery conference is set for 12/6/2012 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. (Court Reporter Maryann Maffia, Official.) (ba1) (Entered: 11/16/2012)
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Request |
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108 |
Filed: 11/13/2012, Entered: None |
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Joint MOTION to Enter Agreed Scheduling Order by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P., Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) Modified on 2/25/2013 (ba1) to edit date terminated. (Entered: 11/13/2012)
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Request |
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107 |
Filed: 11/9/2012, Entered: None |
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NOTICE by Defendant Excentus Corporation of Supplemental Brief in Support of Willfulness Consolidation (Govett, Brett) (Entered: 11/09/2012)
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Request |
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106 |
Filed: 11/9/2012, Entered: None |
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NOTICE by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. re 81 Response in Opposition to Motion,, Plaintiffs' Notice of Filing Supplemental Authority (Metzcar, Jeffrey) (Entered: 11/09/2012)
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Request |
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105 |
Filed: 10/31/2012, Entered: None |
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Joint Notice Regarding November 16, 2012 Hearing by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P., Defendant Excentus Corporation (Govett, Brett) Modified to clarify docket text on 11/1/2012 (jlw). (Entered: 10/31/2012)
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Request |
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104 |
Filed: 9/29/2012, Entered: None |
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ORDER denying 72 Motion to Realign; denying 73 Motion to Amend/Correct; denying 84 Motion to Bifurcate with leave to request reconsideration. Signed by Judge Michael R. Barrett on 9/28/12. (ba1) (Entered: 09/29/2012)
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Request |
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103 |
Filed: 9/29/2012, Entered: None |
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ORDER re 100 Markman Hearing. Signed by Judge Michael R. Barrett on 9/28/12. (ba1) (Entered: 09/29/2012)
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102 |
Filed: 7/6/2012, Entered: None |
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Supplemental Memorandum Opposing re 101 Notice (Other),, Kroger's Supplemental Claim Construction Brief by Defendant Excentus Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Govett, Brett) (Entered: 07/06/2012)
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Request |
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101 |
Filed: 7/2/2012, Entered: None |
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NOTICE by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. PLAINTIFFS' NOTICE OF FILING SUPPLEMENTAL AUTHORITY (Metzcar, Jeffrey) (Entered: 07/02/2012)
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Request |
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100 |
Filed: 6/25/2012, Entered: None |
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Minute Entry for proceedings held before Judge Michael R. Barrett: Markman Hearing held on 6/25/2012; decision to follow; parties are permitted to supplement the record - due 7/2/12; any responses 7/6/12. (Court Reporter Luke Lavin, Official.) (ba1) (Entered: 06/25/2012)
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Request |
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99 |
Filed: 5/29/2012, Entered: None |
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Transcript of Markman Hearing held on March 27, 2012, before Judge Beckwith. Court Reporter/Transcriber MA Ranz (Official), Telephone number 513.564.7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 6/19/2012. Redacted Transcript Deadline set for 6/29/2012. Release of Transcript Restriction set for 8/27/2012. (mb) (Entered: 05/29/2012)
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Request |
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98 |
Filed: 5/8/2012, Entered: None |
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ORDER RECUSING & REASSIGNING CASE. Case reassigned to Judge Michael R. Barrett for all further proceedings. Signed by Judge Sandra S Beckwith on 5/8/12. (mb) (Entered: 05/08/2012)
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97 |
Filed: 4/12/2012, Entered: None |
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REPLY to Response to Motion re 84 MOTION to Bifurcate the Trial of Damages from Liability and Stay all Damages Discovery filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Metzcar, Jeffrey) (Entered: 04/12/2012)
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Request |
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96 |
Filed: 4/4/2012, Entered: None |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 84 MOTION to Bifurcate the Trial of Damages from Liability and Stay all Damages Discovery New date requested 4/12/2012. by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Proposed order) (Butler, Stephen) (Entered: 04/04/2012)
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Request |
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95 |
Filed: 3/27/2012, Entered: None |
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Minute Entry: Markman hearing held before Judge Sandra S Beckwith. Arguments presented. Matter taken under submission. (Court Reporter MA Ranz (Official).) (mb) (Entered: 03/27/2012)
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94 |
Filed: 3/19/2012, Entered: None |
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ORDER granting 93 Plaintiff's Motion for Extension of Time 4/5/12 to file reply in support of it's motion to bifurcate. Signed by Judge Sandra S Beckwith on 3/19/12. (mb) (Entered: 03/19/2012)
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Request |
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93 |
Filed: 3/16/2012, Entered: None |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 84 MOTION to Bifurcate the Trial of Damages from Liability and Stay all Damages Discovery New date requested 4/5/2012. by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Text of Proposed Order Proposed Order) (Butler, Stephen) (Entered: 03/16/2012)
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Request |
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92 |
Filed: 3/14/2012, Entered: None |
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NOTICE of Appearance by Michael B Regitz, Jr for Defendant Excentus Corporation (Regitz, Michael) (Entered: 03/14/2012)
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91 |
Filed: 3/14/2012, Entered: None |
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ORDER granting 90 Defendant's Motion for Leave for attorney Michael B. Regitz, Jr. to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 3/14/12. (mb) (Entered: 03/14/2012)
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90 |
Filed: 3/12/2012, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice of Michael Regitz (Filing fee $ 200) by Defendant Excentus Corporation. (Attachments: # 1 Exhibit) (Stich, Carl) (Entered: 03/12/2012)
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89 |
Filed: 3/7/2012, Entered: None |
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REPLY to Response to Motion re 73 MOTION to Amend/Correct 37 Scheduling Order,, and Discovery Plan filed by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A) (Govett, Brett) (Entered: 03/07/2012)
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Request |
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88 |
Filed: 3/7/2012, Entered: None |
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RESPONSE in Opposition re 84 MOTION to Bifurcate the Trial of Damages from Liability and Stay all Damages Discovery and Brief in Support filed by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Govett, Brett) (Entered: 03/07/2012)
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87 |
Filed: 3/7/2012, Entered: None |
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REPLY to Response to Motion re 72 MOTION to ReAlign and Brief in Support filed by Defendant Excentus Corporation. (Govett, Brett) (Entered: 03/07/2012)
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86 |
Filed: 1/31/2012, Entered: None |
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Unopposed MOTION for Extension of Time New date requested 3/7/2012. by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) (Entered: 01/31/2012)
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Request |
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85 |
Filed: 1/26/2012, Entered: None |
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ANSWER to 78 Answer to Amended Complaint, Counterclaim,, filed by All Plaintiffs. (Hawkins, Heather) (Entered: 01/26/2012)
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84 |
Filed: 1/25/2012, Entered: None |
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MOTION to Bifurcate the Trial of Damages from Liability and Stay all Damages Discovery by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Text of Proposed Order) (Metzcar, Jeffrey) (Entered: 01/25/2012)
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83 |
Filed: 1/24/2012, Entered: None |
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AGREED AMENDED SCHEDULING ORDER: Markman hearing set for 3/27/12 at 9:00 AM; Motions deadline: 11/9/12; Final Pretrial Conference set for 1/23/2013 at 9:00 AM; Trial set for 2/25/2013 at 9:00 AM. The parties are to indicate whether they consent to the Mag. Judge by: 10/17/12. Signed by Judge Sandra S Beckwith on 1/24/12. (mb) (Entered: 01/24/2012)
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82 |
Filed: 1/23/2012, Entered: None |
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RESPONSE in Opposition re 72 MOTION to ReAlign and Brief in Support filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Butler, Stephen) (Entered: 01/23/2012)
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81 |
Filed: 1/23/2012, Entered: None |
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RESPONSE in Opposition re 73 MOTION to Amend/Correct 37 Scheduling Order,, and Discovery Plan filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Butler, Stephen) (Entered: 01/23/2012)
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80 |
Filed: 1/17/2012, Entered: None |
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ORDER granting 79 Motion for Extension of time until 1/23/12 within which plaintiffs have to file response to the motion to realign the parties and motion to amend the discovery plan and scheduling order. Signed by Judge Sandra S Beckwith on 1/17/12. (mb) (Entered: 01/17/2012)
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79 |
Filed: 1/13/2012, Entered: None |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 73 MOTION to Amend/Correct 37 Scheduling Order,, and Discovery Plan, 72 MOTION to ReAlign and Brief in Support New date requested 1/23/2012. by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Text of Proposed Order) (Metzcar, Jeffrey) (Entered: 01/13/2012)
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78 |
Filed: 1/9/2012, Entered: None |
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Excentus Corporation's Third Amended ANSWER to 71 Amended Complaint,, , COUNTERCLAIM against All Plaintiffs filed by Excentus Corporation. (Attachments: # 1 Exhibit A - '984 Patent, # 2 Exhibit B - '128 Patent, # 3 Exhibit C - '204 Patent, # 4 Exhibit D - '942 Patent, # 5 Exhibit E - kroger.com web page) (Govett, Brett) (Entered: 01/09/2012)
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77 |
Filed: 1/3/2012, Entered: None |
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ORDER: The parties are to submit a proposed amended scheduling order to chambers by 1/17/12. Signed by Judge Sandra S Beckwith on 1/3/12. (mb) (Entered: 01/03/2012)
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76 |
Filed: 12/28/2011, Entered: None |
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ORDER granting 75 Motion to Continue. The deadlines and trial date set forth in the January 13,2011 Scheduling Order be continued four months.Signed by Judge Sandra S Beckwith on 12/28/2011. (jlw) (Entered: 12/28/2011)
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75 |
Filed: 12/23/2011, Entered: None |
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Joint MOTION to Continue the Deadlines and Trial Date Set Forth in the January 13, 2011 Scheduling Order by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P., Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order (six months), # 2 Text of Proposed Order (two months)) (Hawkins, Heather) (Entered: 12/23/2011)
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74 |
Filed: 12/23/2011, Entered: None |
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[FORMER DOC. 74] Joint MOTION to Continue the Deadlines and Trial Date Set Forth in the January 13, 2011 Scheduling Order by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P., Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order (Six Months), # 2 Text of Proposed Order (Three Months)) (Hawkins, Heather) Modified to remove the pdfs on 12/23/2011 (eh1). (Entered: 12/23/2011)
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73 |
Filed: 12/21/2011, Entered: None |
Motion to Amend/Correct |
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MOTION to Amend/Correct 37 Scheduling Order,, and Discovery Plan by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A - Proposed Order, # 2 Exhibit B - Ciancio Deposition Testimony, # 3 Exhibit C - Ciancio Deposition Testimony) (Govett, Brett) (Entered: 12/21/2011)
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Request |
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72 |
Filed: 12/21/2011, Entered: None |
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MOTION to ReAlign and Brief in Support by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) (Entered: 12/21/2011)
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Request |
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71 |
Filed: 12/21/2011, Entered: None |
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AMENDED COMPLAINT (SECOND) For Declaratory Judgment against Excentus Corporation, filed by Kroger Co. of Michigan, Ralphs Grocery Company, Hughes Markets, Inc., Kroger Texas L.P., Quik Stop Markets, Inc., TH Midwest, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Kroger Co., Kwik Shop, Inc., Mini Mart, Inc., Alpha Beta Company, Cala Foods, Inc., Smith's Food and Drug Centers Inc., Bell Markets, Inc., Dillon Companies, Inc., Kroger Limited Partnership I, Junior Food Stores of West Florida, Inc., Turkey Hill L.P., Bay Area Warehouse Stores, Inc.. (Metzcar, Jeffrey) (Entered: 12/21/2011)
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70 |
Filed: 12/20/2011, Entered: None |
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ORDER granting 68 Motion for Leave to File Second Amended Complaint to be filed forthwith. Signed by Judge Sandra S Beckwith on 12/20/11. (mb) (Entered: 12/20/2011)
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Request |
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69 |
Filed: 12/20/2011, Entered: None |
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ORDER granting 67 Motion for Leave to File third Amended Answer and Counterclaim to be filed forthwith. Signed by Judge Sandra S Beckwith on 12/20/11. (mb) (Entered: 12/20/2011)
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Request |
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68 |
Filed: 12/15/2011, Entered: None |
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Unopposed MOTION for Leave to File Second Amended Complaint by Plaintiff Kroger Co.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Granting Plaintiffs' Unopposed Motion for Leave to File Second Amended Complaint) (Metzcar, Jeffrey) (Entered: 12/15/2011)
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Request |
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67 |
Filed: 12/12/2011, Entered: None |
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Unopposed MOTION for Leave to File Third Amended Answer and Counterclaims by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A - Third Amended Answer and Counterclaims, # 2 Text of Proposed Order) (Govett, Brett) (Entered: 12/12/2011)
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Request |
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66 |
Filed: 12/7/2011, Entered: None |
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AMENDED ANSWER to Plaintiff's' Answer to Defendant's Second Amended Counterclaim 64 Amended Answer to Complaint, Counterclaim,,,,,,,, by Plaintiff Kroger Co.. (Metzcar, Jeffrey) (Entered: 12/07/2011)
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65 |
Filed: 11/28/2011, Entered: None |
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Response re 59 Brief Plaintiffs' Opening Claim Construction Brief by Defendant Excentus Corporation. (Govett, Brett) (Entered: 11/28/2011)
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Request |
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64 |
Filed: 11/23/2011, Entered: None |
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AMENDED ANSWER to 29 Amended Complaint,, , COUNTERCLAIM against Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Govett, Brett) (Entered: 11/23/2011)
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63 |
Filed: 11/23/2011, Entered: None |
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ORDER granting 61 Unopposed Motion for Leave to File second amended answer and counterclaims. The second amended answer and counterclaims to be filed forthwith. Signed by Judge Sandra S Beckwith on 11/23/11. (mb) (Entered: 11/23/2011)
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Request |
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62 |
Filed: 11/23/2011, Entered: None |
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ORDER granting 60 Unopposed Motion to Amend infringement contentions. Defendant will serve its first amended disclosure of asserted claims and infringement contentions on plaintiff forthwith. Signed by Judge Sandra S Beckwith on 11/23/11. (mb) (Entered: 11/23/2011)
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Request |
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61 |
Filed: 11/22/2011, Entered: None |
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Unopposed MOTION for Leave to File Second Amended Answer and Counterclaims by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Govett, Brett) (Entered: 11/22/2011)
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Request |
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60 |
Filed: 11/22/2011, Entered: None |
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Unopposed MOTION to Amend/Correct Infringement Contentions by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) (Entered: 11/22/2011)
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Request |
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59 |
Filed: 10/27/2011, Entered: None |
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Amended Opening Claim Construction BRIEF by Plaintiff Kroger Co.. (Metzcar, Jeffrey) Modified docket text on 10/28/2011 (eh1). (Entered: 10/27/2011)
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Request |
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58 |
Filed: 10/20/2011, Entered: None |
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BRIEF (Claim Construction) re 50 Brief by Plaintiff Kroger Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Metzcar, Jeffrey) Modified on 10/21/2011 (mb). (Entered: 10/20/2011)
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Request |
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57 |
Filed: 10/13/2011, Entered: None |
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ORDER granting 51 Motion to Strike ; granting 54 Motion to Stay briefing schedule. Kroger is to file an amended opening claim construction brief that complies with this court's local patent rules, discussing only the nine most significant terms by 10/27/11. Defendant is to file its response by 11/28/11. Signed by Judge Sandra S Beckwith on 10/13/11. (mb) (Entered: 10/13/2011)
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Request |
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56 |
Filed: 10/6/2011, Entered: None |
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REPLY to Response to Motion re 54 MOTION to Stay re 37 Scheduling Order,, filed by Defendant Excentus Corporation. (Govett, Brett) (Entered: 10/06/2011)
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Request |
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55 |
Filed: 10/6/2011, Entered: None |
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RESPONSE in Opposition re 54 MOTION to Stay re 37 Scheduling Order,, filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Metzcar, Jeffrey) (Entered: 10/06/2011)
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Request |
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54 |
Filed: 10/5/2011, Entered: None |
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MOTION to Stay re 37 Scheduling Order,, by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) (Entered: 10/05/2011)
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Request |
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53 |
Filed: 9/26/2011, Entered: None |
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REPLY to Response to Motion re 51 MOTION to Strike 49 Brief,, Plaintiffs' 78-Page Opening Claim Construction Brief filed by Defendant Excentus Corporation. (Govett, Brett) (Entered: 09/26/2011)
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Request |
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52 |
Filed: 9/23/2011, Entered: None |
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RESPONSE in Opposition re 51 MOTION to Strike 49 Brief,, Plaintiffs' 78-Page Opening Claim Construction Brief filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Text of Proposed Order) (Metzcar, Jeffrey) (Entered: 09/23/2011)
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Request |
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51 |
Filed: 9/22/2011, Entered: None |
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MOTION to Strike 49 Brief,, Plaintiffs' 78-Page Opening Claim Construction Brief by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) (Entered: 09/22/2011)
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Request |
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50 |
Filed: 9/20/2011, Entered: None |
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BRIEF by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Govett, Brett) (Entered: 09/20/2011)
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Request |
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49 |
Filed: 9/20/2011, Entered: None |
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BRIEF by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Metzcar, Jeffrey) (Entered: 09/20/2011)
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48 |
Filed: 9/16/2011, Entered: None |
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NOTICE by Plaintiff Kroger Co. re 45 Notice (Other),,, Amended Joint Claim Construction and Prehearing Statement (Attachments: # 1 Appendix A) (Metzcar, Jeffrey) (Entered: 09/16/2011)
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Request |
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47 |
Filed: 9/16/2011, Entered: None |
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[FORMER DOCUMENT 47] NOTICE by Plaintiff Kroger Co. re 45 Notice (Other),,, Amended Joint Claim Construction and Prehearing Statement (Attachments: # 1 Appendix A) (Metzcar, Jeffrey) Modified to remove pdf on 9/16/2011 (mtw). (Entered: 09/16/2011)
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Request |
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46 |
Filed: 7/19/2011, Entered: None |
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ORDER granting 44 Motion to Amend Protective Order to include Stacey Smotherman, Esq. as an authorized person under paragraph 2.4 of the Protective Order (doc. 39). Signed by Judge Sandra S Beckwith on 7/19/11. (mb) (Entered: 07/19/2011)
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Request |
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45 |
Filed: 7/18/2011, Entered: None |
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Joint Claim Construction & Prehearing Statement. (Attachments: # 1 Appendix A - Joint Disputed Claim Language Chart, # 2 Appendix B (Part I) '984 Patent, # 3 Appendix B (Part II), '984 History, # 4 Appendix B (Part III), '128 Patent, # 5 Appendix B (Part IV) '128 Provisional, # 6 Appendix B (Part V) '128 History (Section A), # 7 Appendix B (Part VI) '128 History (Section B), # 8 Appendix B (Part VII) '204 Patent, # 9 Appendix B (Part VIII) '204 History (Section A), # 10 Appendix B (Part IX) '204 History (Section B), # 11 Appendix B (Part X) '942 Patent, # 12 Appendix B (Part XI) '942 History (Section A), # 13 Appendix B (Part XII) '942 History (Section B), # 14 Appendix B (Part XIII) '942 History (Section C), # 15 Appendix B (PartXIV) '942 History (Section D)) (Metzcar, Jeffrey) Modified on 7/19/2011 (mb). (Entered: 07/18/2011)
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44 |
Filed: 7/18/2011, Entered: None |
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Unopposed MOTION to Amend 39 Protective Order Add Stacey Smotherman to the Protective Order by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Govett, Brett) Modified to clarify docket text on 7/19/2011 (lk). (Entered: 07/18/2011)
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Request |
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43 |
Filed: 7/7/2011, Entered: None |
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Joint MOTION for Extension of Time New date requested 7/18/2011. to File Claim Construction and Pre-Hearing Statement by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Butler, Stephen) (Entered: 07/07/2011)
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Request |
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42 |
Filed: 6/22/2011, Entered: None |
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Plaintiffs' ANSWER to 41 Answer to Amended Complaint, Counterclaim filed by Kroger Co.(an Ohio Corporation). (Metzcar, Jeffrey) (Entered: 06/22/2011)
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41 |
Filed: 6/3/2011, Entered: None |
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Excentus Corporation's First Amended ANSWER to 29 Amended Complaint,, , COUNTERCLAIM against All Plaintiffs filed by Excentus Corporation. (Govett, Brett) (Entered: 06/03/2011)
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40 |
Filed: 5/3/2011, Entered: None |
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Unopposed MOTION to Amend/Correct 33 Answer to Complaint, Counterclaim,,,, by Defendant Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order) (Govett, Brett) Modified to insert hyperlink on 5/4/2011 (lk). (Entered: 05/03/2011)
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Request |
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39 |
Filed: 4/18/2011, Entered: None |
 |
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PROTECTIVE ORDER. Signed by Judge Sandra S Beckwith on 4/18/11. (Attachment: # 1 Exhibit A: Agreement to be bound by Prot. Order). (mb) (Entered: 04/18/2011)
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Request |
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38 |
Filed: 4/15/2011, Entered: None |
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Joint MOTION for Protective Order by Plaintiffs and Defendant. (Attachments: # 1 Exhibit A -- Proposed Protective Order) (Butler, Stephen) Modified to add filer details on 4/18/2011 (sct1). (Entered: 04/15/2011)
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Request |
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37 |
Filed: 1/13/2011, Entered: None |
 |
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SCHEDULING ORDER & approval of the Joint Discovery Plan: Disclosure of non-expert fact witnesses: 9/12/11; DDL: 2/17/12; Motion to add parties: 5/20/11; Motion to amend pleadings: 12/15/11; Dispositive motions: 3/2/12; joint disputed claim terms chart: 7/11/11; Opening claims construction brief: 9/20/11; Response: 10/20/11; claim construction hearing set for 12/5/11 at 9:30 AM; Motions for S.J.: 3/2/12; Whether consent to Mag. Judge: 2/17/12; FPTC: 6/15/12 at 9:00 AM; Trial: 7/16/12 at 9:00 AM. Signed by Judge Sandra S Beckwith on 1/12/11. (Attachment: # 1 Appendix: C). (mb) (Entered: 01/13/2011)
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Request |
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36 |
Filed: 12/21/2010, Entered: None |
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RULE 26(f) REPORT by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Appendix C) (Butler, Stephen) (Entered: 12/21/2010)
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35 |
Filed: 11/9/2010, Entered: None |
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NOTICE by clerk: A case management & scheduling telephone conference is set for 1/11/11 at 3:30 PM. The court will initiate the call to counsel. (Attachments: # 1 Exhibit A: Rule 26(f) Form, # 2 Exhibit B: Proposed Case Mgmt/Sched. Order). (mb) (Entered: 11/09/2010)
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Request |
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34 |
Filed: 10/25/2010, Entered: None |
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Counter Defendants' ANSWER to 33 Answer to Amended Complaint, Counterclaim,, filed by Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Hughes Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Metzcar, Jeffrey) (Entered: 10/25/2010)
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 |
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33 |
Filed: 10/1/2010, Entered: None |
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Defendant, Excentus' ANSWER to 29 Amended Complaint,, , COUNTERCLAIM against Kroger Co. filed by Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Stich, Carl) (Entered: 10/01/2010)
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32 |
Filed: 9/30/2010, Entered: None |
 |
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ORDER granting [30 & 31] Motions for Leave for attorneys Dial & Govett to Appear Pro Hac Vice as co-counsel for defendant. Signed by Judge Sandra S Beckwith on 9/30/10. (mb) (Entered: 09/30/2010)
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Request |
 |
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31 |
Filed: 9/28/2010, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice of Brett Christopher Govett (Filing fee $ 200) by Defendant Excentus Corporation. (Attachments: # 1 Certificate of Good Standing) (Stich, Carl) (Entered: 09/28/2010)
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Request |
 |
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30 |
Filed: 9/28/2010, Entered: None |
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MOTION for Leave to Appear Pro Hac Vice of Karl Glenn Dial (Filing fee $ 200) by Defendant Excentus Corporation. (Attachments: # 1 Certificate of Good Standing) (Stich, Carl) (Entered: 09/28/2010)
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Request |
 |
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29 |
Filed: 9/14/2010, Entered: None |
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AMENDED COMPLAINT against Excentus Corporation, filed by Kroger Co. of Michigan, Smith's Food and Drug Centers Inc., Kroger Co., Bell Markets, Inc., Ralphs Grocery Company, Dillon Companies, Inc., Huges Markets, Inc., Kwik Shop, Inc., Mini Mart, Inc., Alpha Beta Company, TH Midwest, Inc., Food 4 Less of California, Inc., Kroger Limited Partnership I, Junior Food Stores of West Florida, Inc., Cala Foods, Inc., Turkey Hill L.P., Fred Meyer Stores, Inc., Bay Area Warehouse Stores, Inc., Kroger Texas L.P., Quik Stop Markets, Inc.. (Metzcar, Jeffrey) (Entered: 09/14/2010)
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28 |
Filed: 8/31/2010, Entered: None |
 |
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ORDER granting 9 Motion to Enjoin deft. from proceeding with related litigation in another forum and to retain venue in Ohio; denying 11 Motion to Dismiss for Lack of Jurisdiction; denying 13 Motion to Change Venue. Deft's motion to dismiss the invalidity claims is granted. Plaintiffs may file a new complaint amending these claims within 14 days of the date of this order. Signed by Judge Sandra S Beckwith on 8/31/10. (mb) (Entered: 08/31/2010)
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Request |
 |
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27 |
Filed: 5/20/2010, Entered: 5/20/2010 |
Reply to Response to Motion |
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REPLY to Response to Motion re 13 MOTION to Change Venue or Stay filed by Defendant Excentus Corporation. (Stich, Carl) (Entered: 05/20/2010)
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Request |
 |
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26 |
Filed: 5/20/2010, Entered: 5/20/2010 |
Affidavit in Support of Motion |
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AFFIDAVIT in Support re 13 MOTION to Change Venue or Stay filed by Defendant Excentus Corporation. (Attachments: # 1 Exhibit L, # 2 Exhibit M, # 3 Exhibit N) (Stich, Carl) (Entered: 05/20/2010)
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Request |
 |
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25 |
Filed: 5/17/2010, Entered: 5/17/2010 |
Reply to Response to Motion |
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REPLY to Response to Motion re 11 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Excentus Corporation. (Kamp, David) (Entered: 05/17/2010)
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Request |
 |
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24 |
Filed: 5/10/2010, Entered: 5/10/2010 |
~Notice (other) |
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NOTICE by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. of Filing Manually the Reply Memorandum in Support of Plaintiffs' Combined Motion to Enjoin Defendant from Proceeding with Related Litigation in Another Forum and to Retain Venue in Ohio (Hawkins, Heather) (Entered: 05/10/2010)
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Request |
 |
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22 |
Filed: 5/7/2010, Entered: 5/7/2010 |
Motion for Miscellaneous Relief |
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Unopposed MOTION Plaintiffs' Unopposed Motion for Leave to File Under Seal by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Hawkins, Heather) (Entered: 05/07/2010)
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Request |
 |
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21 |
Filed: 5/3/2010, Entered: 5/3/2010 |
Notice of Appearance |
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NOTICE of Appearance by Heather MacGregor Hawkins for Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. (Hawkins, Heather) (Entered: 05/03/2010)
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Request |
 |
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20 |
Filed: 5/3/2010, Entered: 5/3/2010 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re 13 MOTION to Change Venue or Stay filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Butler, Stephen) (Entered: 05/03/2010)
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Request |
 |
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19 |
Filed: 4/30/2010, Entered: 4/30/2010 |
Response in Opposition to Motion |
|
RESPONSE in Opposition re 11 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H) (Butler, Stephen) (Entered: 04/30/2010)
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Request |
 |
|
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17 |
Filed: 4/23/2010, Entered: 4/23/2010 |
~Notice (other) |
|
NOTICE by Defendant Excentus Corporation of Manual Filing of memorandum in opposition to plaintiffs' motion to enjoin and to retain venue. (Kamp, David) Modified on 4/26/2010 (mb). (Entered: 04/23/2010)
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Request |
 |
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16 |
Filed: 4/22/2010, Entered: 4/22/2010 |
Order on Motion For Leave to File. |
|
ORDER granting 15 Defendant's Motion for Leave to File its opposition to plaintiffs' combined motion to enjoin, etc., and supporting declarations UNDER SEAL. Signed by Judge Sandra S Beckwith on 4/22/10. (mb) (Entered: 04/22/2010)
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Request |
 |
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15 |
Filed: 4/21/2010, Entered: 4/21/2010 |
Motion for Leave to File |
|
Unopposed MOTION for Leave to File Motion Under Seal by Defendant Excentus Corporation. (Attachments: # 1 Text of Proposed Order) (Kamp, David) (Entered: 04/21/2010)
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Request |
 |
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| Save 25% on a pre-paid one year subscription. |
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14 |
Filed: 4/20/2010, Entered: 4/20/2010 |
Notice of Appearance |
|
NOTICE of Appearance by David Paul Kamp for Defendant Excentus Corporation (Kamp, David) (Entered: 04/20/2010)
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Request |
 |
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13 |
Filed: 4/9/2010, Entered: 4/9/2010 |
Motion to Change Venue |
|
MOTION to Change Venue or Stay by Defendant Excentus Corporation. (Attachments: # 1 Affidavit Logsdon Declaration, # 2 Affidavit Nicholson Declaration, # 3 Affidavit Regitz Declaration) (Stich, Carl) (Additional attachment(s) added on 4/12/2010: # 3 Affidavit Regitz Declaration) (eh1). (Entered: 04/09/2010)
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Request |
 |
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12 |
Filed: 4/6/2010, Entered: 4/6/2010 |
Corporate Disclosure Statement |
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Corporate Disclosure Statement by Defendant Excentus Corporation. (Stich, Carl) (Entered: 04/06/2010)
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Request |
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11 |
Filed: 4/6/2010, Entered: 4/6/2010 |
Motion to Dismiss |
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MOTION to Dismiss for Lack of Jurisdiction by Defendant Excentus Corporation. Responses due by 4/30/2010 (Attachments: # 1 Affidavit Nicholson Declaration, # 2 Affidavit Logsdon Declaration) (Stich, Carl) (Entered: 04/06/2010)
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Request |
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10 |
Filed: 4/6/2010, Entered: 4/6/2010 |
Notice of Appearance |
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NOTICE of Appearance by Carl Joseph Stich, Jr for Defendant Excentus Corporation (Stich, Carl) (Entered: 04/06/2010)
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Request |
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9 |
Filed: 3/31/2010, Entered: 3/31/2010 |
Motion for Miscellaneous Relief |
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MOTION to Enjoin Defendant from Proceeding with Related Litigation in Another Forum and to Retain Venue in Ohio by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Butler, Stephen) (Entered: 03/31/2010)
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Request |
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8 |
Filed: 3/18/2010, Entered: 3/18/2010 |
Summons Returned Executed |
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SUMMONS Returned Executed upon Defendant Excentus Corporation. (eh1) (Entered: 03/18/2010)
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Request |
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7 |
Filed: 3/16/2010, Entered: 3/16/2010 |
Summons Returned Executed |
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SUMMONS Returned Executed upon Defendant Excentus Corporation served on 3/16/2010, answer due 4/6/2010. (eh1) (Entered: 03/16/2010)
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Request |
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6 |
Filed: 3/10/2010, Entered: 3/10/2010 |
Certificate of Clerk |
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Clerk's CERTIFICATE of Mailing re 1 Complaint, 2 Summons Issued as to Excentus Corporation, and 5 Summons Issued as to Excentus Corporation c/o Dickson Perry, Registered Agent. (eh1) (Entered: 03/10/2010)
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Request |
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5 |
Filed: 3/10/2010, Entered: 3/10/2010 |
Summons Issued |
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Summons Issued as to Excentus Corporation c/o Dickson Perry, Registered Agent. (eh1) (Entered: 03/10/2010)
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Request |
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4 |
Filed: 3/10/2010, Entered: 3/10/2010 |
~Notice (other) |
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Report on the Filing or Determination of an Action Regarding a Patent or Trademark. (eh1) (Entered: 03/10/2010)
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Request |
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3 |
Filed: 3/9/2010, Entered: 3/9/2010 |
Corporate Disclosure Statement |
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Corporate Disclosure Statement by Plaintiffs Alpha Beta Company, Bay Area Warehouse Stores, Inc., Bell Markets, Inc., Cala Foods, Inc., Dillon Companies, Inc., Food 4 Less of California, Inc., Fred Meyer Stores, Inc., Huges Markets, Inc., Junior Food Stores of West Florida, Inc., Kroger Co. of Michigan, Kroger Limited Partnership I, Kroger Texas L.P., Kwik Shop, Inc., Mini Mart, Inc., Quik Stop Markets, Inc., Ralphs Grocery Company, Smith's Food and Drug Centers Inc., TH Midwest, Inc., Turkey Hill L.P. (eh1) Modified on 3/9/2010 (eh1). (Entered: 03/09/2010)
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Request |
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2 |
Filed: 3/9/2010, Entered: 3/9/2010 |
Summons Issued |
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Summons Issued as to Excentus Corporation. (eh1) (Entered: 03/09/2010)
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Request |
 |
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1 |
Filed: 3/9/2010, Entered: 3/9/2010 |
Complaint |
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COMPLAINT filed by Kroger Co. of Michigan, Smith's Food and Drug Centers Inc., Kroger Co., Bell Markets, Inc., Ralphs Grocery Company, Dillon Companies, Inc., Huges Markets, Inc., Kwik Shop, Inc., Mini Mart, Inc., Alpha Beta Company, TH Midwest, Inc., Food 4 Less of California, Inc., Kroger Limited Partnership I, Junior Food Stores of West Florida, Inc., Cala Foods, Inc., Turkey Hill L.P., Fred Meyer Stores, Inc., Bay Area Warehouse Stores, Inc., Kroger Texas L.P., Quik Stop Markets, Inc. against Excentus Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet, # 10 Filing Fee Receipt) (eh1) (Entered: 03/09/2010)
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Request |
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