Kettler International, Inc. v. Starbucks Corporation

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:14-cv-00189
District Judge Henry C. Morgan, Jr, presiding
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District Judge Henry C. Morgan, Jr
Last Updated February 22, 2019 at 1:13 AM EST (6.9 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Kettler International, Inc., Plaintiff

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Michael Gettings +1 757 687 7747 +1 757 687 1545 david.gettings@troutmansanders.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John Curtis Lynch +1 757 687 7765 +1 757 687 1504 john.lynch@troutmansanders.com
Starbucks Corporation Starbucks Corporation, Counter-Claimant
Square, Inc. Officer/Director, Square, Inc.
v.
Starbucks Corporation Starbucks Corporation, Defendant
Square, Inc. Officer/Director, Square, Inc.

Represented by Bonner Kiernan Trebach & Crociata, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Christopher Eddy Hassell +1 202 712 7000 +1 202 712 7100 chassell@bonnerkiernan.com
ATTORNEY TO BE NOTICED Craig Lawrence Sarner +1 202 712 7000 +1 202 712 7100 csarner@bonnerkiernan.com

Represented by G & P/Schick, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Thomas Kelly Cox +1 619 718 9790 +1 619 718 9797 kcox@gpschicklaw.com
PRO HAC VICE, ATTORNEY TO BE NOTICED Tiffany Anne Le Melle +1 619 718 9790 +1 619 718 9797 tlemelle@gpschicklaw.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Malcolm Donald Schick +1 619 718 9790 +1 619 718 9797 mschick@gpschicklaw.com
No Logo Kettler International, Inc., Counter-Defendant
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (151) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 163 Filed: 4/14/2015, Entered: None Unknown Document TypeCourt Filing
OPINION AND ORDER entered 4/13/15 and filed 4/14/15, DENYING Defendant Starbucks Corporation's 149 Motion to Certify Order for Immediate Appeal and For Stay Pending Appeal. On April 9, 2015, the Court heard oral arguments on the Motion at the Final Pretrial Conference. Ruling from the bench, the Court DENIED the Motion. The Court now issues this Opinion and Order explaining its reasoning. (See Opinion and Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 4/13/15). Copies provided as directed 4/14/15. (ecav, )
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Legal Document (Payment Possibly Required) 150 Filed: 4/7/2015, Entered: None
Memorandum in Support re 149 MOTION for Leave to Appeal and for Stay Pending Appeal filed by Starbucks Corporation. (Attachments: # 1 Exhibit A)(Sarner, Craig) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 149 Filed: 4/7/2015, Entered: None
MOTION for Leave to Appeal and for Stay Pending Appeal by Starbucks Corporation. (Sarner, Craig) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 148 Filed: 4/7/2015, Entered: None Court Filing
Telephone Status Conference held before District Judge Henry C. Morgan, Jr. on 4/7/2015. Appearances: John C. Lynch and David M. Gettings for the Plaintiff. Thomas K. Cox and Malcolm Schick for the Defendant. Status conference held. Plaintiff seeking to file a motion for certification for an interlocutory appeal and asked to continue the FPTC and Jury Trial dates for briefing this issue. The Court DENIED only the request to continue the dates. Parties might agree to submit a Consent Judgment. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 147 Filed: 4/7/2015, Entered: None
Opposition to 129 Memorandum in Support, 128 MOTION to Exclude Portions of Dr. Swanger's Testimony filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Sarner, Craig) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 146 Filed: 4/7/2015, Entered: None
Opposition to 126 MOTION in Limine to Exclude Time Barred Claims for Breach of Implied Warranty of Merchantability, 127 Memorandum in Support filed by Starbucks Corporation. (Sarner, Craig) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 145 Filed: 4/7/2015, Entered: None Court Filing
OPINION & ORDER entered and filed 4/7/15: This matter is before the Court pursuant to Plaintiff Kettler International, Inc.'s ("Plaintiff or "Kettler") Motion for Sanctions ("Motion"). Doc. 35. At a hearing held on January 20, 2015, the Court ruled from the bench and granted the Motion in part, finding that Defendant Starbucks Corporation's ("Defendant" or "Starbucks") conduct constituted spoliation, but withheld the imposition of sanctions pending further briefing. Doc. 62. For the reasons set forth herein, the relief sought in the Motion is GRANTED IN PART and DENIED IN PART. For the reasons set forth herein, Starbucks' conduct merits limitation of the damages it can recover to that arising from the 200 remaining sample chairs and the "Robert's Chair." Because this ruling severely limits the damages available to Starbucks if it prevails upon the merits of its claims, the Court exercises its discretion to DENY Kettler's prayer for attorney fees and costs incurred in the prosecution of its spoliation motion. (See Opinion and Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 4/7/15). Copies provided as directed 4/7/15. (ecav, ) (Entered: 04/07/2015)
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Legal Document (Payment Possibly Required) 144 Filed: 4/6/2015, Entered: None
Memorandum in Support re 143 MOTION in Limine to Exclude the Expert Opinions of Gary W. Baum Regarding Depreciation as an Offset to Damages filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 143 Filed: 4/6/2015, Entered: None
MOTION in Limine to Exclude the Expert Opinions of Gary W. Baum Regarding Depreciation as an Offset to Damages by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 142 Filed: 4/6/2015, Entered: None
Memorandum in Support re 141 MOTION in Limine to Exclude Expert Reports and Testimony of Mark A. Hineman filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 141 Filed: 4/6/2015, Entered: None
MOTION in Limine to Exclude Expert Reports and Testimony of Mark A. Hineman by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 140 Filed: 4/6/2015, Entered: None
Memorandum in Support re 139 MOTION in Limine to Exclude Any Evidence Submitted by Kettler International, Inc., of its Purported Economic Damages filed by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 139 Filed: 4/6/2015, Entered: None
MOTION in Limine to Exclude Any Evidence Submitted by Kettler International, Inc., of its Purported Economic Damages by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 138 Filed: 4/6/2015, Entered: None
Memorandum in Support re 137 MOTION in Limine to Exclude Hearsay Statements Attributed to David Selfe (Deceased) filed by Starbucks Corporation. (Attachments: # 1 Exhibit A)(Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 137 Filed: 4/6/2015, Entered: None
MOTION in Limine to Exclude Hearsay Statements Attributed to David Selfe (Deceased) by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 136 Filed: 4/6/2015, Entered: None
Memorandum in Support re 135 MOTION in Limine to Exclude Evidence of Starbucks Corporation Size, Wealth and Financial Status filed by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 135 Filed: 4/6/2015, Entered: None
MOTION in Limine to Exclude Evidence of Starbucks Corporation Size, Wealth and Financial Status by Starbucks Corporation. (Sarner, Craig) (Entered: 04/06/2015)
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Sealed Legal Document 134 Filed: 4/3/2015, Entered: None
SEALED MEMORANDUM in SUPPORT of Kettler International, Inc.'s 124 MOTION in Limine to Exclude Inapplicable Evidence of Returns of Other Customers. (Attachments: # 1 Sealed Exhibit X, # 2 Sealed Exhibit Y, # 3 Letter)(ecav, ) (Entered: 04/06/2015)
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Legal Document (Payment Possibly Required) 133 Filed: 4/3/2015, Entered: None
Notice of Hearing Date to be scheduled at the Final Pretrial Conference on April 9, 2015, at 11:00 a.m. re 82 MOTION for Summary Judgment (Sarner, Craig) (Entered: 04/03/2015)
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Legal Document (Payment Possibly Required) 132 Filed: 4/2/2015, Entered: None
NOTICE by Kettler International, Inc. re 130 MOTION to Seal (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 131 Filed: 4/2/2015, Entered: None
Memorandum in Support re 130 MOTION to Seal filed by Kettler International, Inc.. (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 130 Filed: 4/2/2015, Entered: None
MOTION to Seal by Kettler International, Inc.. (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 129 Filed: 4/2/2015, Entered: None
Memorandum in Support re 128 MOTION to Exclude Portions of Dr. Swanger's Testimony filed by Kettler International, Inc.. (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 Exhibit I)(Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 128 Filed: 4/2/2015, Entered: None
MOTION to Exclude Portions of Dr. Swanger's Testimony by Kettler International, Inc.. (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 127 Filed: 4/2/2015, Entered: None
Memorandum in Support re 126 MOTION in Limine to Exclude Time Barred Claims for Breach of Implied Warranty of Merchantability filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1)(Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 126 Filed: 4/2/2015, Entered: None
MOTION in Limine to Exclude Time Barred Claims for Breach of Implied Warranty of Merchantability by Kettler International, Inc.. (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 125 Filed: 4/2/2015, Entered: None
Memorandum in Support re 124 MOTION in Limine to Exclude Inapplicable Evidence of Returns of Other Customers filed by Kettler International, Inc.. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z)(Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 124 Filed: 4/2/2015, Entered: None
MOTION in Limine to Exclude Inapplicable Evidence of Returns of Other Customers by Kettler International, Inc.. (Gettings, David) (Entered: 04/02/2015)
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Legal Document (Payment Possibly Required) 123 Filed: 3/31/2015, Entered: None Court Filing
ORDER GRANTING Plaintiff Kettler International, Inc.'s 98 Motion to Seal, as outlined. (See Order for Specifics) Entered 3/30/15 and filed 3/31/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/30/15). Copies provided as directed 3/31/15. (ecav, ) (Entered: 03/31/2015)
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Legal Document (Payment Possibly Required) 122 Filed: 3/31/2015, Entered: None Court Filing
ORDER GRANTING Defendant Starbucks Corporation's 106 Motion to Seal, as outlined. (See Order for Specifics) Entered 3/30/15 and filed 3/31/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/30/15). Copies provided as directed 3/31/15. (ecav, ) (Entered: 03/31/2015)
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Legal Document (Payment Possibly Required) 121 Filed: 3/31/2015, Entered: None Court Filing
ORDER GRANTING Plaintiff Kettler International, Inc.'s 111 Motion to Seal, as outlined. (See Order for Specifics) Entered 3/30/15 and filed 3/31/15. (Signed by District Judge Henry C. Morgan, Jr on 3/30/15). Copies provided as directed 3/31/15. (ecav, ) (Entered: 03/31/2015)
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Legal Document (Payment Possibly Required) 120 Filed: 3/30/2015, Entered: None
REPLY to Response to Motion re 82 MOTION for Summary Judgment filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1)(Gettings, David) (Entered: 03/30/2015)
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Sealed Legal Document 119 Filed: 3/27/2015, Entered: None
SEALED MEMORANDUM in SUPPORT of Kettler International, Inc.'s 115 MOTION in Limine to Preclude Speculation by Starbucks that it has Experienced more than Four Failures of a Carlo Chair. (Attachments: # 1 SealedExhibitB, # 2 SealedExhibitE, # 3 SealedExhibitF, # 4 SealedExhibitG, # 5 Letter)(ecav, ) (Entered: 03/30/2015)
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Sealed Legal Document 118 Filed: 3/27/2015, Entered: None
SEALED MEMORANDUM in SUPPORT of Kettler International, Inc's 113 Motion in Limine To Exclude Inapplicable Evidence of Damages with Respect to Starbucks' Warranty Claims. (Attachments: # 1 SealedExhibitE)(ecav, ) (Entered: 03/30/2015)
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Legal Document (Payment Possibly Required) 117 Filed: 3/30/2015, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 03/30/2015)
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Legal Document (Payment Possibly Required) 116 Filed: 3/26/2015, Entered: None
Memorandum in Support re 115 MOTION in Limine to Preclude Speculation about instances of breakage filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 115 Filed: 3/26/2015, Entered: None
MOTION in Limine to Preclude Speculation about instances of breakage by Kettler International, Inc.. (Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 114 Filed: 3/26/2015, Entered: None
Memorandum in Support re 113 MOTION in Limine to Exclude Inapplicable Evidence of Damages filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 113 Filed: 3/26/2015, Entered: None
MOTION in Limine to Exclude Inapplicable Evidence of Damages by Kettler International, Inc.. (Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 112 Filed: 3/26/2015, Entered: None
Memorandum in Support re 111 MOTION to Seal Memorandums in Support of Motions in Limine filed by Kettler International, Inc.. (Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 111 Filed: 3/26/2015, Entered: None
MOTION to Seal Memorandums in Support of Motions in Limine by Kettler International, Inc.. (Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 110 Filed: 3/26/2015, Entered: None
NOTICE by Kettler International, Inc. (Gettings, David) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 109 Filed: 3/26/2015, Entered: None
STATUS REPORT of Jen Siedenburg by Starbucks Corporation. (Sarner, Craig) (Entered: 03/26/2015)
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Legal Document (Payment Possibly Required) 108 Filed: 3/23/2015, Entered: None
NOTICE by Starbucks Corporation re 106 MOTION to Seal Exhibit 10 to Opposition of Plaintiff's Motion for Summary Judgment (Sarner, Craig) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 107 Filed: 3/23/2015, Entered: None
Memorandum in Support re 106 MOTION to Seal Exhibit 10 to Opposition filed by Starbucks Corporation. (Sarner, Craig) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 106 Filed: 3/23/2015, Entered: None
MOTION to Seal Exhibit 10 to Opposition by Starbucks Corporation. (Sarner, Craig) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 105 Filed: 3/23/2015, Entered: None
NOTICE by Starbucks Corporation re 103 Opposition to Motion for Summary Judgment (Attachments: # 1 Exhibit 16, # 2 Exhibit 17, # 3 Exhibit 18a, # 4 Exhibit 18b, # 5 Exhibit 19a, # 6 Exhibit 19b, # 7 Exhibit 19c, # 8 Exhibit 20, # 9 Exhibit 21, # 10 Exhibit 22, # 11 Exhibit 23, # 12 Exhibit 24, # 13 Exhibit 25, # 14 Exhibit 26, # 15 Exhibit 27, # 16 Exhibit 28, # 17 Exhibit 29, # 18 Exhibit 30, # 19 Exhibit 31)(Sarner, Craig) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 104 Filed: 3/23/2015, Entered: None
NOTICE by Starbucks Corporation re 103 Opposition to Motion for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Sarner, Craig) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 103 Filed: 3/23/2015, Entered: None
Opposition to 82 MOTION for Summary Judgment filed by Kettler Corporation on March 9, 2015, Opposition filed by Starbucks Corporation. (Attachments: # 1 Affidavit Dewees, # 2 Affidavit LeMelle)(Sarner, Craig) (Entered: 03/23/2015)
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Sealed Legal Document 102 Filed: 3/20/2015, Entered: None
SEALED EXHIBITS 1 and 2 as to Plaintiff Kettler International, Inc.'s 97 Reply to Response to Motion 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed. (Attachments: # 1 Sealed Exhibit 2, # 2 Letter)(ecav, ) (Entered: 03/23/2015)
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Legal Document (Payment Possibly Required) 101 Filed: 3/20/2015, Entered: None Court Filing
ORDER GRANTING Defendant Starbucks Corporation's 89 Motion to Seal Exhibit 36 to Starbucks Opposition to Plaintiff Kettler International, Inc.'s Supplemental Memorandum in Support of Motion for Sanctions. Doc. 91. Based upon the nature of Defendant's filing, which contains information Defendantalleges is confidential, and a review of the exhibit, the Court FINDS that less drastic alternatives to seal these documents are not feasible. Accordingly, the Court ORDERS that Exhibit 36 to Starbucks Opposition to PlaintiffKettler International, Inc.'s Supplemental Memorandum in Support of Motion for Sanctions. Doc. 91, shall be maintained under seal by the Clerk until further order of the Court. Entered and filed 3/20/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/20/15). (See Order for Specifics) Copies provided as directed 3/20/15. (ecav, ) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 100 Filed: 3/20/2015, Entered: None
NOTICE by Kettler International, Inc. re 98 MOTION to Seal (Gettings, David) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 99 Filed: 3/20/2015, Entered: None
Memorandum in Support re 98 MOTION to Seal filed by Kettler International, Inc.. (Gettings, David) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 98 Filed: 3/20/2015, Entered: None
MOTION to Seal by Kettler International, Inc.. (Gettings, David) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 97 Filed: 3/20/2015, Entered: None
REPLY to Response to Motion re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gettings, David) (Entered: 03/20/2015)
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Legal Document (Payment Possibly Required) 96 Filed: 3/19/2015, Entered: None Court Filing
ORDER GRANTING Defendant Starbucks Corporation's ("Defendant or Starbucks") 94 Motion for Leave to File Memorandum of Law and Supporting Papers in Support of its Opposition to Plaintiff, Kettler International. Inc.'s Supplemental Memorandum in Support of Motion for Sanctions, Due to Administrative Error ("Motion"). Plaintiff Kettler International, Inc. shall have three (3) days from the entry of this Order to file its reply brief. The parties are cautioned that the Court will look with disfavor upon any additional motions to extend time. Entered and filed 3/19/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/19/15). Copies provided as directed on 3/19/15. (ecav, ) (Entered: 03/19/2015)
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Legal Document (Payment Possibly Required) 95 Filed: 3/18/2015, Entered: None Court Filing
ORDER GRANTING Plaintiff KETTLER International, Inc.'s 84 Motion to Seal, Exhibits 2, 4, and 6 of Plaintiff's Memorandum in Support of Motion for Summary Judgment ("Memorandum"), as well as related portions of the Memorandum itself. (Doc. 83) Based upon the nature of Plaintiffs filing, which contains information Defendant alleges is confidential and a review of the exhibits, the Court FINDS that less drastic alternatives to seal these documents are not feasible. Accordingly, the Court ORDERS that the relevant portions of Plaintiffs Supplemental Memorandum in Support of Motion for Summary Judgment, Doc. 83, and supporting exhibits 2, 4, and 6 shall be maintained under seal by the Clerk until further order of the Court, as outlined. (See Order for Specifics) Entered and filed 3/18/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/18/15) Copies provided as directed on 3/19/15.. (ecav, ) (Entered: 03/19/2015)
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Legal Document (Payment Possibly Required) 94 Filed: 3/17/2015, Entered: None
MOTION for Leave to File Memorandum of Law and Supporting Papers in Support of its Opposition to Plaintiff's Supplemental Memorandum in Support of Motion for Sanctions, Due to Administrative Error by Starbucks Corporation. (Sarner, Craig) (Entered: 03/17/2015)
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Legal Document (Payment Possibly Required) 93 Filed: 3/17/2015, Entered: None
NOTICE by Starbucks Corporation of Motion for Leave to File Mememorandum of Law (Sarner, Craig) (Entered: 03/17/2015)
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Legal Document (Payment Possibly Required) 92 Filed: 3/17/2015, Entered: None
CERTIFICATE of Service -corrected re 91 Memorandum in Opposition,,,, by Craig Lawrence Sarner on behalf of Starbucks Corporation (Sarner, Craig) (Entered: 03/17/2015)
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Legal Document (Payment Possibly Required) 91 Filed: 3/17/2015, Entered: None
Memorandum in Opposition re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed link to document 71 Memorandum of Law in Support of Opposition to Plaintiff, Kettler International, Inc.'s Supplemental Memorandum in Support of Motion for Sanctions filed by Starbucks Corporation. (Attachments: # 1 Affidavit Kelly Cox, # 2 Affidavit Lee Swanger, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Exhibit 31, # 34 Exhibit 32, # 35 Exhibit 33, # 36 Exhibit 34, # 37 Exhibit 35, # 38 Exhibit 36, # 39 Exhibit 37, # 40 Exhibit 38, # 41 Exhibit 39, # 42 Exhibit 40, # 43 Exhibit 41, # 44 Exhibit 42)(Sarner, Craig) (Entered: 03/17/2015)
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Legal Document (Payment Possibly Required) 90 Filed: 3/16/2015, Entered: None
Memorandum in Support re 89 MOTION to Seal Exhibit 36 filed by Starbucks Corporation. (Attachments: # 1 Affidavit, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21, # 23 Exhibit 22, # 24 Exhibit 23, # 25 Exhibit 24, # 26 Exhibit 25, # 27 Exhibit 26, # 28 Exhibit 27, # 29 Exhibit 28, # 30 Exhibit 29, # 31 Exhibit 30, # 32 Exhibit 31, # 33 Exhibit 32, # 34 Exhibit 33, # 35 Exhibit 34, # 36 Exhibit 35, # 37 Exhibit 36, # 38 Exhibit 37, # 39 Exhibit 38, # 40 Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42)(Sarner, Craig) Modified on 3/17/2015 to remove attached exhibits as requested by filing user and as explained in clerk's Notice of Correction (Second) below (ecav, ). (Entered: 03/16/2015)
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Legal Document (Payment Possibly Required) 89 Filed: 3/16/2015, Entered: None
MOTION to Seal Exhibit 36 by Starbucks Corporation. (Sarner, Craig) (Entered: 03/16/2015)
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Legal Document (Payment Possibly Required) 88 Filed: 3/16/2015, Entered: None
NOTICE by Starbucks Corporation re 71 Memorandum in Support,, of Motion to File Documents Under Seal (Sarner, Craig) (Entered: 03/16/2015)
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Sealed Legal Document 87 Filed: 3/10/2015, Entered: None
SEALED MEMORANDUM IN SUPPORT re 83 Memorandum in Support re. 82 MOTION for Summary Judgment filed by Kettler International, Inc. (Attachments: # 1 Sealed Exhibit 2, # 2 Sealed Exhibit 4, # 3 Sealed Exhibit 6, # 4 Letter)(ecav, ) (Entered: 03/13/2015)
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Legal Document (Payment Possibly Required) 86 Filed: 3/9/2015, Entered: None
NOTICE by Kettler International, Inc. re 84 MOTION to Seal Exhibits 2, 4, and 6 of Memorandum in Support of Motion for Summary Judgment and portions of Memorandum in Support of Summary Judgment (Gettings, David) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 85 Filed: 3/9/2015, Entered: None
Memorandum in Support re 84 MOTION to Seal Exhibits 2, 4, and 6 of Memorandum in Support of Motion for Summary Judgment and portions of Memorandum in Support of Summary Judgment filed by Kettler International, Inc.. (Gettings, David) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 84 Filed: 3/9/2015, Entered: None
MOTION to Seal Exhibits 2, 4, and 6 of Memorandum in Support of Motion for Summary Judgment and portions of Memorandum in Support of Summary Judgment by Kettler International, Inc.. (Gettings, David) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 83 Filed: 3/9/2015, Entered: None
Memorandum in Support re 82 MOTION for Summary Judgment filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Gettings, David) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 82 Filed: 3/9/2015, Entered: None
MOTION for Summary Judgment by Kettler International, Inc.. (Gettings, David) (Entered: 03/09/2015)
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Legal Document (Payment Possibly Required) 81 Filed: 3/4/2015, Entered: None Court Filing
ORDER GRANTING Defendant Starbucks Corporation's ("Defendant") 78 Motion for Extension of Time to File its Opposition Brief to Plaintiff Kettler International, Inc.'s Supplemental Memorandum in Support of Motion for Sanctions (Doc. 78). Defendant SHALL file its opposition brief no later than 3/16/2015. The parties are cautioned that the Court will look upon with disfavor any additional motions to extend time. Entered and filed 3/4/15. (Signed by District Judge Henry C. Morgan, Jr. on 3/4/15). Copies provided as directed 3/4/15. (ecav, ) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 80 Filed: 3/3/2015, Entered: None Court Filing
ORDER entered and filed 3/3/15 as to Plaintiff KETTLER International, Inc.'s ("KETTLER") 72 Motion to Seal, its Supplemental Memorandum in Support of Motion for Sanctions ("Memorandum"), as well as Exhibits E, J, K, L, and Q of the Memorandum. Based upon the nature of Plaintiffs filing containing information that Defendant alleges is confidential and a review of the exhibits, the Court FINDS that less drastic alternatives to seal these documents are not feasible. Accordingly, the Court ORDERS that Plaintiffs Supplemental Memorandum in Support of Motion for Sanctions, Doc. 77, and supporting exhibits E, J, K, L, and Q shall be maintained under seal by the Clerk until further order of the Court. (Signed by District Judge Henry C. Morgan, Jr on 3/3/15). Copies provided as directed 3/4/15. (ecav, ) (Entered: 03/04/2015)
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Legal Document (Payment Possibly Required) 79 Filed: 3/2/2015, Entered: None
Memorandum in Support re 78 MOTION for Extension of Time to File Response/Reply as to 71 Memorandum in Support,, of Motion for Sanctions filed by Plaintiff MOTION for Extension of Time to File its Opposition Brief filed by Starbucks Corporation. (Hassell, Christopher) (Entered: 03/02/2015)
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Legal Document (Payment Possibly Required) 78 Filed: 3/2/2015, Entered: None
MOTION for Extension of Time to File Response/Reply as to 71 Memorandum in Support,, of Motion for Sanctions filed by Plaintiff, MOTION for Extension of Time to File its Opposition Brief by Starbucks Corporation. (Attachments: # 1 Proposed Order)(Hassell, Christopher) (Entered: 03/02/2015)
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Sealed Legal Document 77 Filed: 2/24/2015, Entered: None
SEALED Supplemental Memorandum in Support of 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed. (Attachments: # 1 Sealed Exhibit E, # 2 Sealed Exhibit J, # 3 Sealed Exhibit K, # 4 Sealed Exhibit L, # 5 Sealed Exhibit Q, # 6 Letter)(ecav, ) (Entered: 02/27/2015)
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Legal Document (Payment Possibly Required) 76 Filed: 2/25/2015, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 02/25/2015)
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Legal Document (Payment Possibly Required) 75 Filed: 2/25/2015, Entered: None
STATUS REPORT of Jen Siedenburg by Starbucks Corporation. (Hassell, Christopher) (Entered: 02/25/2015)
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Legal Document (Payment Possibly Required) 74 Filed: 2/23/2015, Entered: None
NOTICE by Kettler International, Inc. re 72 MOTION to Seal (Gettings, David) (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 73 Filed: 2/23/2015, Entered: None
Memorandum in Support re 72 MOTION to Seal filed by Kettler International, Inc.. (Gettings, David) (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 72 Filed: 2/23/2015, Entered: None
MOTION to Seal by Kettler International, Inc.. (Gettings, David) (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 71 Filed: 2/23/2015, Entered: None
SUPPLEMENTAL Memorandum in Support re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Kettler International, Inc.. (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 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Gettings, David) Modified on 2/24/2015 to indicate Doc. 71 is, in fact, a "supplemental" submission on sanctions, as directed to be filed per Order 62 (ecav, ). (Entered: 02/23/2015)
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Legal Document (Payment Possibly Required) 70 Filed: 2/12/2015, Entered: None Court Filing
ORDER granting 67 Motion for Pro hac vice for Tiffany Anne Le Melle as to Starbucks Corporation. Signed by District Judge Henry C. Morgan, Jr on 2/12/15. (tlev, ) (Entered: 02/13/2015)
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Legal Document (Payment Possibly Required) 69 Filed: 2/11/2015, Entered: None Court Filing
ORDER granting 66 Motion to Withdraw as Attorney. Attorney Danielle Christine Loss terminated. Signed by District Judge Henry C. Morgan, Jr on 2/11/15. (afar) (Entered: 02/12/2015)
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Legal Document (Payment Possibly Required) 68 Filed: 2/10/2015, Entered: None
Brief in Support to 67 Motion to appear Pro Hac Vice by Tiffany Anne Le Melle and Certification of Local Counsel Craig L. Sarner Filing fee $ 75, receipt number 0422-4309432. filed by Starbucks Corporation. (Sarner, Craig) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 67 Filed: 2/10/2015, Entered: None
Motion to appear Pro Hac Vice by Tiffany Anne Le Melle and Certification of Local Counsel Craig L. Sarner Filing fee $ 75, receipt number 0422-4309432. by Starbucks Corporation. (Attachments: # 1 Supplement Personal Statement, # 2 Proposed Order)(Sarner, Craig) (Entered: 02/10/2015)
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Legal Document (Payment Possibly Required) 66 Filed: 2/9/2015, Entered: None
Consent MOTION to Withdraw as Attorney Danielle Loss, Esquire by Starbucks Corporation. (Attachments: # 1 Proposed Order)(Sarner, Craig) (Entered: 02/09/2015)
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Legal Document (Payment Possibly Required) 65 Filed: 2/6/2015, Entered: None
Brief in Support to 64 Motion to appear Pro Hac Vice by Tiffany Anne Le Melle and Certification of Local Counsel Craig L. Sarner filed by Starbucks Corporation. (Sarner, Craig) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 64 Filed: 2/6/2015, Entered: None
Motion to appear Pro Hac Vice by Tiffany Anne Le Melle and Certification of Local Counsel Craig L. Sarner by Starbucks Corporation. (Attachments: # 1 Supplement Personal Statement, # 2 Proposed Order)(Sarner, Craig) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 63 Filed: 2/6/2015, Entered: None
NOTICE by Starbucks Corporation of Withdrawal of Counsel (Sarner, Craig) (Entered: 02/06/2015)
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Legal Document (Payment Possibly Required) 62 Filed: 1/28/2015, Entered: None Court Filing
OPINION AND ORDER granting in part 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed. The Court withheld the imposition of sanctions pending further briefing. Once Plaintiff has filed its supplemental submission on sanctions, Defendant shall have eleven (11) days to file its opposition, and Plaintiff will have three (3) days thereafter to file a reply brief. A copy of this order was forwarded to all counsel of record on 1/29/15. Signed by District Judge Henry C. Morgan, Jr and field on 1/28/15. (tbro) (Entered: 01/29/2015)
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Legal Document (Payment Possibly Required) 61 Filed: 1/26/2015, Entered: None
STATUS REPORT of Jen Siedenburg by Starbucks Corporation. (Sarner, Craig) (Entered: 01/26/2015)
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Legal Document (Payment Possibly Required) 60 Filed: 1/26/2015, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 01/26/2015)
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Legal Document (Payment Possibly Required) 59 Filed: 1/20/2015, Entered: None Court Filing
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 1/20/2015 re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Kettler International, Inc. Appearances: John C. Lynch and David M. Gettings for the Plaintiff. Thomas K. Cox and Craig L. Sarner for the Defendant. Arguments of counsel and comments of court heard. The Court GRANTS the motion for sanctions. Court defers imposition of sanctions pending further briefing of the parties. Court to issue an opinion on spoliation. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Main Document 59 replaced on 1/22/2015) (lbax, ). (Entered: 01/22/2015)
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Legal Document (Payment Possibly Required) 58 Filed: 1/12/2015, Entered: None
Response to 36 Memorandum in Support, 57 Memorandum Opinion,, Written Response to Kettler's Memorandum re: Supplemental Authority in Support of Motion for Sanctions filed by Starbucks Corporation. (Sarner, Craig) (Entered: 01/12/2015)
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Legal Document (Payment Possibly Required) 57 Filed: 1/6/2015, Entered: None Court Filing
OPINION AND ORDER entered and filed 1/6/15 as to Plaintiff's 54 MOTION for Leave to File Supplemental Authority by Kettler International, Inc. As outlined in this Opinion and Order, the Motion for Leave to File is GRANTED. If Starbucks is so advised, it may file a written submission in response. Any such submission may not exceed three (3) pages, and shall be filed within five (5) days from the entry of this Order. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 1/6/15). Copies provided 1/7/15.(ecav, ) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 56 Filed: 1/7/2015, Entered: None Court Filing
OPINION AND ORDER entered 1/5/15 and filed 1/7/15 as to Plaintiff's 45 MOTION to Seal by Kettler International, Inc. As outlined in this Opinion and Order and for the reason set for in Kettler's filings, the Court FINDS that less drastic alternatives to seal the documents identified in the Motion to Seal are not feasible. The Court ORDERS that the un-redacted Reply Memorandum and accompanying Exhibit A in Support of its Motion for Sanctions of Limiting Starbucks' Claims to the Chairs that have not been Destroyed, shall be maintained under seal by the Clerk, until further order of the Court. The Court takes no position on the merits of the Motion for Sanctions at this time. (See Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 1/5/15). Copies provided 1/7/15.(ecav, ) (Entered: 01/07/2015)
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Legal Document (Payment Possibly Required) 55 Filed: 1/5/2015, Entered: None
Memorandum in Support re 54 MOTION for Leave to File Supplemental Authority filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A)(Gettings, David) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 54 Filed: 1/5/2015, Entered: None
MOTION for Leave to File Supplemental Authority by Kettler International, Inc.. (Gettings, David) (Entered: 01/05/2015)
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Legal Document (Payment Possibly Required) 53 Filed: 12/29/2014, Entered: None
REPLY to Response to Motion re 45 MOTION to Seal filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A)(Gettings, David) (Entered: 12/29/2014)
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Legal Document (Payment Possibly Required) 52 Filed: 12/24/2014, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 12/24/2014)
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Legal Document (Payment Possibly Required) 51 Filed: 12/23/2014, Entered: None
Memorandum in Opposition re 45 MOTION to Seal Redacted portions of the Reply Brief filed by Starbucks Corporation. (Hassell, Christopher) (Entered: 12/23/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 12/23/2014, Entered: None
STATUS REPORT of Jen Siedenburg by Starbucks Corporation. (Hassell, Christopher) (Entered: 12/23/2014)
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Sealed Legal Document 49 Filed: 12/12/2014, Entered: None
Sealed Documents re 44 Reply to Response to Motion. (Attachments: # 1 Exhibit A, # 2 Letter)(tbro) (Entered: 12/19/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 12/12/2014, Entered: None
Request for Hearing by Kettler International, Inc. re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed (Gettings, David) (Entered: 12/12/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 12/11/2014, Entered: None
NOTICE by Kettler International, Inc. re 45 MOTION to Seal (Gettings, David) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 12/11/2014, Entered: None
Memorandum in Support re 45 MOTION to Seal filed by Kettler International, Inc.. (Attachments: # 1 Proposed Order)(Gettings, David) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 12/11/2014, Entered: None
MOTION to Seal by Kettler International, Inc.. (Gettings, David) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 12/11/2014, Entered: None
REPLY to Response to Motion re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Gettings, David) (Entered: 12/11/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 12/3/2014, Entered: None
Memorandum in Opposition to 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Starbucks Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit A-M, # 4 Exhibit N-U, # 5 Exhibit V-AA)(Sarner, Craig) Modified on 12/4/2014 to clarify the language on the docket text to reflect the title of Doc. 43 (that doc. 43 is in opposition to Motion 35 and not in support of as the filing user's docket text when filing Doc. 35. (ecav, ). Clerk will regenerate a NEF to all parties to notify of this docket text correction. (Entered: 12/03/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 12/1/2014, Entered: None Court Filing
Magistrate Judge Notice and Judge's Standing Order (revised) to counsel. (ecav, ) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 12/1/2014, Entered: None Court Filing
ORDER GRANTING Defendant Starbucks Corp.'s 40 Motion for Extension of Time to File Opposition Brief to Plaintiff's 35 MOTION for Sanctions . Defendant shall file its responsive pleading no later than 12/3/14. The parties are cautioned that the Court will look upon with disfavor any additional motions to extend time. Entered and filed 12/1/14. (Signed by District Judge Henry C. Morgan, Jr on 12/1/14). Copies provided as directed on 12/1/14. Court's current standing order mailed to all counsel of record, as directed, on 12/1/14. (ecav, ) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 12/1/2014, Entered: None
MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed by Starbucks Corporation. (Attachments: # 1 Exhibit A)(Sarner, Craig) (Entered: 12/01/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 11/26/2014, Entered: None
NOTICE by Starbucks Corporation of Status Report of Jen Siedenburg (Sarner, Craig) (Entered: 11/26/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 11/25/2014, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 11/25/2014)
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Legal Document (Payment Possibly Required) 37 Filed: 11/19/2014, Entered: None
ANSWER to Counterclaim re 31 Answer to Complaint, Counterclaim by Kettler International, Inc.. (Gettings, David) (Entered: 11/19/2014)
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Legal Document (Payment Possibly Required) 36 Filed: 11/17/2014, Entered: None
Memorandum in Support re 35 MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Gettings, David) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 35 Filed: 11/17/2014, Entered: None
MOTION for Sanctions of Limiting Starbucks Corporation's Claims to the Chairs that have not been Destroyed by Kettler International, Inc.. (Gettings, David) (Entered: 11/17/2014)
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Legal Document (Payment Possibly Required) 34 Filed: 11/4/2014, Entered: None Court Filing
CONSENT ORDER REGARDING ELECTRONICALLY STORED INFORMATION entered and filed 11/4/14. (See Order for Specifics) (Signed by District Judge Henry C. Morgan, Jr on 11/4/14). (ecav, ) (Entered: 11/05/2014)
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Legal Document (Payment Possibly Required) 33 Filed: 10/31/2014, Entered: None Court Filing
TRANSCRIPT of proceedings held on 10/16/2014, before Judge Henry C. Morgan, Jr., Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 12/1/2014. Redacted Transcript Deadline set for 12/31/2014. Release of Transcript Restriction set for 1/29/2015.(jeffreys, heidi) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 32 Filed: 10/31/2014, Entered: None
STATUS REPORT OF JEN SIEDENBURG by Starbucks Corporation. (Sarner, Craig) (Entered: 10/31/2014)
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Legal Document (Payment Possibly Required) 31 Filed: 10/29/2014, Entered: None
ANSWER to 1 Complaint, , COUNTERCLAIM against Kettler International, Inc. by Starbucks Corporation. (Attachments: # 1 Exhibit A)(Sarner, Craig) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 30 Filed: 10/29/2014, Entered: None
NOTICE by Kettler International, Inc. re 26 Order (Gettings, David) (Entered: 10/29/2014)
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Legal Document (Payment Possibly Required) 29 Filed: 10/28/2014, Entered: None
STATUS REPORT of Mike Clemons by Kettler International, Inc.. (Gettings, David) (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 28 Filed: 10/28/2014, Entered: None
Response to 26 Order / Consent Order regarding Electronically Stored Information filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A)(Gettings, David) (Entered: 10/28/2014)
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Legal Document (Payment Possibly Required) 27 Filed: 10/21/2014, Entered: None Court Filing
ORDER denying 5 Motion to Dismiss; denying 7 Motion to Change Venue (see Opinion and Order for specifics). Signed by District Judge Henry C. Morgan, Jr and filed on 10/21/14. (vwar) (Entered: 10/22/2014)
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Legal Document (Payment Possibly Required) 26 Filed: 10/17/2014, Entered: None Court Filing
ORDER REGARDING ELECTRONICALLY STORED INFORMATION (ESI). Signed by District Judge Henry C. Morgan, Jr. on 10/16/14 and filed 10/17/14. (lbax, ) (Entered: 10/17/2014)
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Legal Document (Payment Possibly Required) 25 Filed: 10/16/2014, Entered: None Court Filing
Motion Hearing before District Judge Henry C. Morgan, Jr. held on 10/16/2014 re 7 MOTION to Change Venue and 5 MOTION to Dismiss filed by Starbucks Corporation. Appearances: John C. Lynch and David M. Gettings for the Plaintiff. Craig L. Sarner and Thomas K. Cox for the Defendant. Arguments of counsel and comments of court heard. The Court DENIED the Motion to Dismiss and the Motion to Transfer Venue and will explain its reasoning for the decision in a written order. The Court will also issue an Electronically Stored Information (ESI) order. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(lbax, ) (Entered: 10/16/2014)
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Legal Document (Payment Possibly Required) 24 Filed: 9/25/2014, Entered: None Court Filing
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Final Pretrial Conference is set for 4/9/2015 at 11:00 AM in Norfolk. Jury Trial is set for 4/21/2015 at 10:00 AM in Norfolk. Signed by District Judge Henry C. Morgan, Jr on September 20, 2014. (sche) (Entered: 09/25/2014)
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Legal Document (Payment Possibly Required) 23 Filed: 9/22/2014, Entered: None
Rule 26 Disclosure by Starbucks Corporation. (Hassell, Christopher) (Entered: 09/22/2014)
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Legal Document (Payment Possibly Required) 22 Filed: 8/15/2014, Entered: None Court Filing
RULE 26(f) PRETRIAL ORDER: 16(b) Scheduling Conference set for 9/9/2014 at 09:00 AM in Norfolk Conference Room 3. Signed by Magistrate Judge Lawrence R. Leonard on 8/13/14, filed 8/15/14. (vwar) (Entered: 08/15/2014)
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Legal Document (Payment Possibly Required) 21 Filed: 6/17/2014, Entered: None Court Filing
ORDER granting 12 Motion for Malcolm Donald Schick to appear Pro hac vice for Starbucks Corporation. Signed by District Judge Henry C. Morgan, Jr and filed on 6/17/2014. (rsim, ) (Entered: 06/17/2014)
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Legal Document (Payment Possibly Required) 20 Filed: 6/17/2014, Entered: None Court Filing
ORDER granting 11 Motion for Danielle Christine Loss to appear Pro hac vice for Starbucks Corporation. Signed by District Judge Henry C. Morgan, Jr and filed on 6/17/2014. (rsim, ) (Entered: 06/17/2014)
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Legal Document (Payment Possibly Required) 19 Filed: 6/17/2014, Entered: None Court Filing
ORDER granting 13 Motion for Thomas Kelly Cox to appear Pro hac vice for Starbucks Corporation. Signed by District Judge Henry C. Morgan, Jr and filed on 6/17/2014. (rsim, ) (Entered: 06/17/2014)
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Legal Document (Payment Possibly Required) 18 Filed: 6/16/2014, Entered: None
Reply to Motion re 7 MOTION to Change Venue filed by Starbucks Corporation. (Hassell, Christopher) (Entered: 06/16/2014)
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Legal Document (Payment Possibly Required) 17 Filed: 6/16/2014, Entered: None
Reply to Motion re 5 MOTION to Dismiss and or Transfer Venue filed by Starbucks Corporation. (Hassell, Christopher) (Entered: 06/16/2014)
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Legal Document (Payment Possibly Required) 16 Filed: 6/12/2014, Entered: None
RESPONSE in Opposition re 7 MOTION to Change Venue filed by Kettler International, Inc.. (Attachments: # 1 Exhibit 1)(Gettings, David) (Entered: 06/12/2014)
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Legal Document (Payment Possibly Required) 15 Filed: 6/12/2014, Entered: None
Memorandum in Opposition re 5 MOTION to Dismiss and or Transfer Venue filed by Kettler International, Inc.. (Gettings, David) (Entered: 06/12/2014)
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Legal Document (Payment Possibly Required) 14 Filed: 6/2/2014, Entered: None
CERTIFICATE of Service re 8 Declaration by Craig Lawrence Sarner on behalf of Starbucks Corporation (Sarner, Craig) (Entered: 06/02/2014)
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Legal Document (Payment Possibly Required) 13 Filed: 5/30/2014, Entered: None
Motion to appear Pro Hac Vice by Thomas Kelly Cox and Certification of Local Counsel Craig L. Sarner Filing fee $ 75, receipt number 0422-3982847. by Starbucks Corporation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Sarner, Craig) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 12 Filed: 5/30/2014, Entered: None
Motion to appear Pro Hac Vice by Malcolm D. Schick and Certification of Local Counsel Craig L. Sarner Filing fee $ 75, receipt number 0422-3982832. by Starbucks Corporation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Sarner, Craig) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 11 Filed: 5/30/2014, Entered: None
Motion to appear Pro Hac Vice by Danielle C. Loss and Certification of Local Counsel Craig L. Sarner by Starbucks Corporation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Sarner, Craig) (Entered: 05/30/2014)
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Legal Document (Payment Possibly Required) 10 Filed: 5/29/2014, Entered: None
Motion to appear Pro Hac Vice by Loss, Schick and Cox and Certification of Local Counsel Craig L. Sarner Filing fee $ 75, receipt number 0422-3981193. by Starbucks Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Proposed Order)(Sarner, Craig) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 9 Filed: 5/29/2014, Entered: None
NOTICE of Appearance by Christopher E. Hassell on behalf of Starbucks Corporation (Hassell, Christopher) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 8 Filed: 5/29/2014, Entered: None
Declaration re 5 MOTION to Dismiss and or Transfer Venue Signed by Starbucks Corporation. (Sarner, Craig) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 7 Filed: 5/29/2014, Entered: None
MOTION to Change Venue by Starbucks Corporation. (Sarner, Craig) (Entered: 05/29/2014)
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Legal Document (Payment Possibly Required) 6 Filed: 5/28/2014, Entered: None
Financial Interest Disclosure Statement (Local Rule 7.1) by Starbucks Corporation. (Sarner, Craig) (Entered: 05/28/2014)
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Legal Document (Payment Possibly Required) 5 Filed: 5/28/2014, Entered: None
MOTION to Dismiss and or Transfer Venue by Starbucks Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Sarner, Craig) (Entered: 05/28/2014)
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Legal Document (Payment Possibly Required) 4 Filed: 5/14/2014, Entered: None
SUMMONS Returned Executed and filed 5/15/14 - Starbucks Corporation served on 5/7/2014, through Corporation Service Company, Registered Agent. (Attachments: # 1 Letter)(ecav, ) (Entered: 05/19/2014)
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Summons Issued, orig. & 1 copy, as requested, as to Starbucks Corporation. Plaintiff's counsel to pick up summons package as stated in the cover letter. (Attachments: # 1 Judge Procedures)(ecav, ) (Entered: 05/05/2014)
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Legal Document (Payment Possibly Required) 2 Filed: 5/2/2014, Entered: None
Financial Interest Disclosure Statement (Local Rule 7.1) by Kettler International, Inc.. (ecav, ) (Entered: 05/05/2014)
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Blank 1 Filed: 5/2/2014, Entered: None
COMPLAINT against Starbucks Corporation ( Filing fee $ 400, receipt number 24683023246.), filed by Kettler International, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Receipt, # 7 Letter)(ecav, ) (Entered: 05/05/2014)
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