RESPONSE to Motion re 170 BILL OF COSTS by Peristyle Holdings, LLC, Peristyle, LLC , 172 MOTION to Compel Plaintiffs to Pay Expert Expenses by Peristyle Holdings, LLC, Peristyle, LLC filed by Sazerac Brands, LLC, Sazerac Company, Inc.. (Zoppoth, Scott) (Entered: 09/01/2017)
USCA Case Number 17-5997 Case Manager Jennifer Earl for 174 Notice of Cross Appeal filed by Peristyle Holdings, LLC, Peristyle, LLC. (CBD) (Entered: 08/29/2017)
USCA Case Number 17-5933 Case Manager Jennifer Earl for 171 Notice of Appeal filed by Sazerac Brands, LLC, Sazerac Company, Inc. (CBD) (Entered: 08/15/2017)
MOTION to Compel Plaintiffs to Pay Expert Expenses by Peristyle Holdings, LLC, Peristyle, LLC. Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit A - Correspondence from M. Whitehead to M. Mortorano, Jan. 3, 2017, # 2 Exhibit B - Correspondence from M. Whitehead to M. Klisch, Feb. 9, 2017, # 3 Exhibit C - Correspondence from M. Whitehead to M. Klisch, Mar. 16, 2017, # 4 Exhibit D - Correspondence from M. Mortorano to M. Whitehead, Mar. 17, 2017, # 5 Exhibit E - Correspondence from M. Whitehead to M. Klisch, Aug. 1, 2017, # 6 Exhibit F - Compilation of excerpts from reports of Mr. Clark and Dr. Levin reflecting usual hourly rate, # 7 Exhibit G - Excerpt of Veach Dep., # 8 Exhibit H - Excerpt of Stratton Dep., # 9 Proposed Order)(Whitehead, Melissa) Modified mtn text on 8/11/2017 (CBD). (Entered: 08/11/2017)
NOTICE OF APPEAL as to 165 Judgment, 164 Memorandum Opinion and Order by Sazerac Brands, LLC, Sazerac Company, Inc.. Filing fee $ 505, receipt number 0643-3867090. (Zoppoth, Scott) Modified text on 8/11/2017 (CBD). (Entered: 08/11/2017)
TRANSCRIPT of Proceedings: MOTION HEARING held on 5/26/2017 before Judge Gregory F. Van Tatenhove. Court Reporter: LaCartha Pate, Telephone number 513-737-2077. Transcript ordered by: Court. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction.. Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (AKR) (Entered: 08/09/2017)
REPORT on determination of an action regarding re 1 Complaint, 164 Opinion and Order. cc: form e-mailed to Register. (Attachments: # 1 Opinion and Order, # 2 Old Taylor Registration, # 3 Col. Taylor Registration)(CBD) (Entered: 08/04/2017)
ORDER: the Clerk of the Court to UNSEAL the Opinion and Order at Docket Entry 164 so that the Opinion is available to the public. Signed by Judge Gregory F. VanTatenhove on 8/4/2017.(CBD)cc: COR (Entered: 08/04/2017)
NOTICE OF FILING OF DEFENDANTS' STATEMENT REGARDING REDACTION OF OPINION & ORDER by Peristyle Holdings, LLC, Peristyle, LLC re 164 Sealed Order (Whitehead, Melissa) Modified text on 7/21/2017 (CBD). (Entered: 07/21/2017)
JUDGMENT: 1. The Plaintiffs' Motion for Summary Judgment [R. 108] is DENIED; 2. The Defendants' Motion for Summary Judgment [R. 104] is GRANTED; 3. All other pending motions are DENIED, AS MOOT; 4. Judgment is ENTERED in favor of the Defendants; 5. This case is STRICKEN from the Court's active docket; and 6. This is a FINAL and APPEALABLE ORDER and there is no just cause for delay. Signed by Judge Gregory F. VanTatenhove on 7/14/2017.(AKR)cc: COR, paper copy to Seigel and Benten via US Mail (Entered: 07/14/2017)
OPINION AND ORDER: the Court hereby ORDERS as follows: 1. Sazerac's Motion for Summary Judgment (R. 108 ) is DENIED; 2. Peristyle's Motion for Summary Judgment R. 104 is GRANTED; 3. All other pending motions (R. 121 ; R. 122 ; R. 154 ) are DENIED, AS MOOT; 4. The Clerk of the Court is DIRECTED to file this Opinion and Order UNDER SEAL; 5. Within seven (7) days, each party shall FILE UNDER SEAL a proposed, redacted version of this Opinion and Order, keeping in mind the Sixth Circuit's strong preference against sealing judicial opinions. See Shane Group, Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299 (6th Cir. 2016); Rudd Equipment Co., Inc. v. John Deere Constr. & Forestry Co., 834 F.3d 589 (6th Cir. 2016). Lack of response will indicate consent to file the instant Opinion and Order in the open record. Following the parties' submissions, the Court will make an appropriate version of the Opinion available to the public . Signed by Judge Gregory F. VanTatenhove on 7/14/2017. cc: COR service by U.S. Mail on paper.(AKR) Modified restriction and doc. type per Order 167 on 8/4/2017 (CBD). (Entered: 07/14/2017)
ORDER: 1. The Plaintiffs' Motions for Admission Pro Hac Vice [R. 159; R. 160] are GRANTED; and 2. Mr. Joshua M. Siegel and Ms. Jane L. van Benten are admitted pro hac vice as counsel for the Plaintiffs in the above-styled action. Signed by Judge Gregory F. VanTatenhove on 7/14/2017. (AKR)cc: COR, paper copy to attys Seigel and Benten via US Mail w/ECF registration form (Entered: 07/14/2017)
MOTION to Withdraw as Attorney Morgan Chapman by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) Modified by adding atty name on 7/13/2017 (AKR). (Entered: 07/13/2017)
MOTION to Withdraw as Attorney Michael Mortorano by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) Modified adding atty name on 7/13/2017 (AKR). (Entered: 07/13/2017)
MOTION for JANE L. VAN BENTEN to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3842616). (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Supplement Certificate of Good Standing, # 4 Supplement Certificate of Good Standing)(Zoppoth, Scott) Modified removing referral on 7/12/2017 (AKR). (Entered: 07/11/2017)
MOTION for JOSHUA M. SIEGEL to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3842572). (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Supplement Certificate of Good Standing)(Zoppoth, Scott) Modified removing referral on 7/12/2017 (AKR). (Entered: 07/11/2017)
ORDER: Defendants' expedited motion 156 and CONTINUES GENERALLY the upcoming final pretrial conference and jury trial. The Court will address the parties' other pending motions by subsequent order. Signed by Judge Gregory F. VanTatenhove on 7/10/2017.(CBD)cc: COR (Entered: 07/10/2017)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/7/2017 before Magistrate Judge Edward B. Atkins: The Court heard oral arguments on the Plaintiff's request for an order directing the Defendant to supplement certain discovery responses. At the conclusion of the call, the parties agreed that their statements regarding the dispute may be filed into the record, with an order to follow review and consideration of the parties' arguments. IT IS ORDERED: (1) That the pre-conference statements, including a copy of the transcript of a hearing before the presiding judge on May 26, 2017, shall be filed into the record; and (2) The matter shall stand submitted for ruling. Signed by Edward B. Atkins.. Signed by Magistrate Judge Edward B. Atkins on 7/7/2017.(Court Reporter - None.) (Attachments: # 1 BFH Statement, # 2 Klisch Statement, # 3 Klisch Exhibit 1, # 4 Klisch Exhibit 2, # 5 5/26/2017 SJ Oral Argument Transcript) (CBD)cc: COR (Entered: 07/07/2017)
EXPEDITED MOTION to Confirm Continuance of Pretrial and Trial Dates by Peristyle Holdings, LLC, Peristyle, LLC Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Haara, Brian) Modified text on 7/7/2017 (CBD). (Entered: 07/07/2017)
ORDER: A TELEPHONE CONFERENCE will be held 7/6/2017 at 02:30 PM. Counsel shall access the conference by calling AT&T Teleconferencing per directives of this order. Signed by Magistrate Judge Edward B. Atkins on 7/5/2017. (CBD)cc: COR, Pike D Modified text on 7/6/2017 (CBD). (Entered: 07/05/2017)
JOINT MOTION for Telephonic Scheduling Conference by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order for Telephonic Scheduling Conference)(Zoppoth, Scott) Modified text on 6/22/2017 (CBD). (Entered: 06/21/2017)
MINUTE ENTRY ORDER FOR MOTION HEARING held on 5/26/2017 before Judge Gregory F. VanTatenhove: The Court heard argument of counsel on pending motions for summary judgment DE 104 and DE 108 . Pending motions for summary judgment DE 104 and DE 108 are TAKEN UNDER ADIVISEMENT. A separate order shall issue. Signed by Judge Gregory F. VanTatenhove.(Court Reporter - LaCartha Pate) (CBD)cc: COR Modified text on 8/8/2017 (CBD). (Entered: 06/02/2017)
ORDER: 1. Plfs' Mtn to Schedule Oral Arguments (R. 143 ) is GRANTED; 2. ORAL ARGUMENT HEARING set for Friday, 5/26/2017 at 10:00 AM in US Courthouse in FRANKFORT, KY; 3. Dfts' Expedited Mtn to Vacate and Continue Trial and Pretrial Dates (R. 147 ) is GRANTED; 4. the Final P.T. Conference and Trial dates, currently set for 6/6/17 & 6/20/17, respectively, are CONTINUED; 5. FINAL PRETRIAL CONFERENCE set for Tuesday, 7/18/2017 at 11:00 AM at the US Courthouse in FRANKFORT, KY; 6. JURY TRIAL set for Tuesday, 8/8/2017 at 10:00 AM at the US Courthouse in FRANKFORT, KY, with counsel to arrive by 9:30 a.m.; and 7. All pretrial filing deadlines set forth in the Scheduling Order shall be relative to these new dates. Signed by Judge Gregory F. VanTatenhove on 5/10/2017.(AKR)cc: COR, diary (Entered: 05/10/2017)
REPLY to 147 in Support of Expedited Motion to Vacate and Continue Trial and Pretrial Deadlines filed by Peristyle Holdings, LLC, Peristyle, LLC. (Whitehead, Melissa) (Entered: 05/10/2017)
RESPONSE in Opposition re 147 EXPEDITED MOTION to Continue by Peristyle Holdings, LLC, Peristyle, LLC Trial and Pretrial Deadlines filed by Sazerac Brands, LLC, Sazerac Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zoppoth, Scott) (Entered: 05/08/2017)
ORDER: Plaintiffs Sazerac Brands, LLC, and Sazerac Company, Inc. to RESPOND to Castle & Key's motion by Monday, May 8, 2017. Plaintiffs should indicate whether or not they object to the request for a continuance and should cite what specific prejudice, if any, they would suffer if the motion was granted. Signed by Judge Gregory F. VanTatenhove on 5/3/2017.(AKR)cc: COR (Entered: 05/03/2017)
MOTION to Continue by Peristyle Holdings, LLC, Peristyle, LLC Trial and Pretrial Deadlines . (Attachments: # 1 Proposed Order)(Whitehead, Melissa) Modified adding text to better describe pleading and removing referral on 4/27/2017 (AKR). (Entered: 04/26/2017)
REPLY to Response to Motion re 121 MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Michael R. Veach filed by Sazerac Brands, LLC, Sazerac Company, Inc.. (Zoppoth, Scott) (Entered: 04/07/2017)
REPLY to Response to Motion re 122 MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Scott Clark filed by Sazerac Brands, LLC, Sazerac Company, Inc.. (Attachments: # 1 Exhibit # 1 - Clark Depo Excerpts, # 2 Exhibit # 2 - Saginnaw Chippewa Indian Tribe of Michigan et al. v. Granholm et al.)(Zoppoth, Scott) (Entered: 04/07/2017)
RESPONSE to Motion re 143 MOTION for Hearing re 108 MOTION for Summary Judgment by Sazerac Brands, LLC, Sazerac Company, Inc. , 104 REDACTED MOTION for Summary Judgment by Peristyle Holdings, LLC, Peristyle, LLC by Sazerac Brands, LLC, Sazerac Com filed by Peristyle Holdings, LLC, Peristyle, LLC. (Haara, Brian) (Entered: 03/31/2017)
MOTION for Hearing re 108 MOTION for Summary Judgment by Sazerac Brands, LLC, Sazerac Company, Inc. , 104 REDACTED MOTION for Summary Judgment by Peristyle Holdings, LLC, Peristyle, LLC by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) Modified text on 3/30/2017 (CBD). (Entered: 03/29/2017)
RESPONSE to Motion re 122 MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Scott Clark filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit 1 - (Clark Dep.), # 2 Exhibit 2 - (PERSITYLE-04751))(Haara, Brian) (Entered: 03/24/2017)
RESPONSE to Motion re 121 MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Michael R. Veach filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit 1 - (Veach Dep), # 2 Exhibit 2 - (Veach Sazerac Report), # 3 Exhibit 3 - (Plfs. Objs. and Resps. to Defs. First Set of Reqs. for Admis.))(Haara, Brian) (Entered: 03/24/2017)
ORDER: that the unredacted Reply in Support of Castle & Key's Motion for Summary Judgment, unredacted excerpts from deposition transcripts, and one document, all of which have been designated or contain references to information that has been designated either "Confidential" or "Highly Confidential" pursuant to the Protective Order, R. 43, are permitted to be filed under seal pursuant to Local Rule 5.7. Signed by Magistrate Judge Edward B. Atkins on 3/20/2017. (AKR)cc: COR (Entered: 03/20/2017)
ORDER: that Plaintiffs' Motion for Leave to Seal 134 is GRANTED, and that the materials designated as "confidential" or "AEO" pursuant to the Protective Order (DE 43) that are filed in support of or excerpted in Plaintiffs' Reply in Support of Plaintiffs' Motion for Summary Judgment, as well as an unredacted copy of such Reply, are placed under seal pursuant to Local Rule 5.7. Signed by Magistrate Judge Edward B. Atkins on 3/20/2017. (AKR)cc: COR (Entered: 03/20/2017)
MOTION for leave to Seal a Documents and Deposition transcripts that it cites and references for its Reply 137 in support of Plaintiffs' Motion for Summary by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order to Plaintiffs' Motion for Leave to Seal)(Zoppoth, Scott) Modified text on 3/20/2017 (CBD). (Entered: 03/17/2017)
SEALED DOCUMENT re 133 Reply to Response to Motion. Sealed pursuant to MOTION TO SEAL re 134 MOTION for leave to Seal a Document by Peristyle Holdings, LLC, Peristyle, LLC by Peristyle Holdings, LLC, Peristyle, LLC (Attachments: # 1 Exhibit 1 Comstock, Kris (unredacted; file under seal), # 2 Exhibit 2 SAZ-PERI-0002821 (confidential; file under seal), # 3 Exhibit 3 Barnes Vol I (unredacted; file under seal)) (Haara, Brian) Modified text on 3/20/2017 (CBD). (Entered: 03/17/2017)
MOTION for leave to Seal a Document 133 Reply to Response to Motion, by Peristyle Holdings, LLC, Peristyle, LLC Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Haara, Brian) (Entered: 03/17/2017)
ORDER: Plaintiff's Motion for Leave to Seal 123 is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 3/6/2017. (CBD)cc: COR (Entered: 03/06/2017)
CONVENTIONAL FILING received on behalf of Peristyle LLC, Peristyle Holdings LLC. Exhibit 7 - Video Excerpts (2 copies) are filed per re 118 Response to Motion 108 . (MAINTAINED ON THE SHELF IN THE CLERK'S OFFICE) (CBD) (Entered: 03/06/2017)
ORDER: Defendant's Motion 119 for Leave to Seal is GRANTED and the referenced materials 120 are placed under seal. Signed by Magistrate Judge Edward B. Atkins on 3/6/2017. (CBD)cc: COR (Entered: 03/06/2017)
NOTICE OF FILING of Exhibits re 124 Response in Opposition to Motion by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit #41 - Email Dated 8-9-16, # 2 Exhibit #42 - Email Dated 8-15-16, # 3 Exhibit #43 - Email Dated 4-12-16, # 4 Exhibit #44 - Facebook Excerpt, # 5 Exhibit #45 - Likelihood of Confusion Survey, # 6 Exhibit #46 - Website Code, # 7 Exhibit #47 - TO BE FILED UNDER SEAL, # 8 Exhibit #48 - TO BE FILED UNDER SEAL, # 9 Exhibit #49 - Media on Colonel E. H. Taylor, # 10 Exhibit #50 - Facebook Excerpt, # 11 Exhibit #51 - TO BE FILED UNDER SEAL, # 12 Exhibit #52 - Twitter and Facebook Excerpts, # 13 Exhibit #53 - TO BE FILED UNDER SEAL, # 14 Exhibit #54 - Barnes Twitter Excerpt, # 15 Exhibit #55 - Oaklawn Lit Exhibit G)(Zoppoth, Scott) Modified text on 3/6/2017 (CBD). (Entered: 03/03/2017)
126
Filed: 3/3/2017, Entered: None
Unknown Document Type
NOTICE OF FILING of Exhibits re 124 Response in Opposition to Motion by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit #26 - Castle Key Twitter Excerpt, # 2 Exhibit #27 - Barnes Twitter Excerpt, # 3 Exhibit #28 - Limestone Castle, # 4 Exhibit #29 - Former OTD Newsletter featuring OT Bourbon, # 5 Exhibit #30 - Peristyle Press Release, # 6 Exhibit #31 - Barrel Flyer, # 7 Exhibit #32 - Life+Style Show Event Email, # 8 Exhibit #33 - Mailing List Sign Up, # 9 Exhibit #34 - Facebook Excerpt, # 10 Exhibit #35 - Former OTD Newletters, # 11 Exhibit #36 - Bluegrass Hospice Event, # 12 Exhibit #37 - Heart Auction Event, # 13 Exhibit #38 - Email Dated 11-2-15, # 14 Exhibit #39 - TO BE FILED UNDER SEAL, # 15 Exhibit #40 - Email Dated 8-23-16)(Zoppoth, Scott) Modified text on 3/6/2017 (CBD). (Entered: 03/03/2017)
125
Filed: 3/3/2017, Entered: None
Unknown Document Type
NOTICE OF FILING of Exhibits re 124 Response in Opposition to Motion by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit #11 - Facebook Excerpt, # 2 Exhibit #12 - Distill-Her Event, # 3 Exhibit #13 - The Bourbon Review, # 4 Exhibit #14 - Southern Living, # 5 Exhibit #15 - Garden Gun's Southern Hot List, # 6 Exhibit #16 - Facebook Excerpt, # 7 Exhibit #17 - Barnes Promotes Use of OLD TAYLOR, # 8 Exhibit #18 - The Bourbon Mafia, # 9 Exhibit #19 - Louisville.com, # 10 Exhibit #20 - The Bourbon Pursuit, # 11 Exhibit #21 - Modern Thirst Article, # 12 Exhibit #22 - Tales of the Cocktail, # 13 Exhibit #23 - TO BE FILED UNDER SEAL, # 14 Exhibit #24 - TO BE FILED UNDER SEAL, # 15 Exhibit #25 - Facebook Excerpt)(Zoppoth, Scott) Modified text on 3/6/2017 (CBD). (Entered: 03/03/2017)
124
Filed: 3/3/2017, Entered: None
Unknown Document Type
RESPONSE (REDACTED) in Opposition re 104 MOTION (REDACTED) for Summary Judgment filed by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit #1 - Decl. of Kris Comstock, # 2 Exhibit #2 - Assignment from Jim Beam to Sazerac, # 3 Exhibit #3 - OLD TAYLOR Reg. Certified Copy, # 4 Exhibit #4 - OLD TAYLOR Trademark Applications, # 5 Exhibit #5 - COLONEL E. H. TAYLOR Regs. Certified Copies, # 6 Exhibit #6 - Deed and Consideration Cert., # 7 Exhibit #7 - TO BE FILED UNDER SEAL, # 8 Exhibit #8 - Old Taylor Distillery Fliers, # 9 Exhibit #9 - Old Taylor Distillery Flier, # 10 Exhibit #10 - Life+Style Show Event)(Zoppoth, Scott) See DE 125 for Exh.s 11-25; see DE 126 for Exh.s 26-40; see DE 127 for Exh.s 41-55; see DE 128 for Exh.s 56-66; see DE 132 for Un-Redacted Response and Sealed Exh.s Modified text on 3/6/2017 (CBD). Modified text on 3/7/2017 (CBD). (Entered: 03/03/2017)
MOTION for leave to File under Seal excerpts of deposition transcripts and documents per 43 Protective Order by Sazerac Brands, LLC, Sazerac Company, Inc.. (Attachments: # 1 Proposed Order) (Zoppoth, Scott) Modified restriction and text on 3/6/2017 (CBD). (Entered: 03/03/2017)
MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Scott Clark Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit #1 - Clark Expert Report, # 4 Exhibit #2 - Clark Deposition Excerpts)(Zoppoth, Scott) (Entered: 03/03/2017)
MOTION in Limine by Sazerac Brands, LLC, Sazerac Company, Inc. To Exclude Expert Report and Testimony of Michael R. Veach Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Memorandum in Support, # 3 Exhibit #1 - Veach Expert Report, # 4 Exhibit #2 - Veach Deposition Excerpts)(Zoppoth, Scott) (Entered: 03/03/2017)
MOTION for leave to Seal a Document 118 Response to Motion,, by Peristyle Holdings, LLC, Peristyle, LLC Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Haara, Brian) (Entered: 03/03/2017)
ORDER: that Plaintiffs' Motion for Leave to Seal is GRANTED, and that the materials designated as "Confidential" or "AEO" pursuant to the Protective Order (DE 43) that are filed in support of or excerpted in Plaintiffs' Memorandum in Support of Plaintiffs' Motion for Summary Judgment, as well as an unredacted copy of such Memorandum, are placed under seal pursuant to Local Rule 5.7. Signed by Magistrate Judge Edward B. Atkins on 2/16/2017. (AKR)cc: COR (Entered: 02/16/2017)
ORDER: that the unredacted Motion for Summary Judgment and Memorandum in Support, unredacted excerpts from deposition transcripts, and 26 documents, which have been designated or contain references to information that has been designated either "Confidential" or "Highly Confidential" pursuant to the Protective Order, R. 43, are permitted to be filed under seal pursuant to Local Rule 5. 7. Signed by Magistrate Judge Edward B. Atkins on 2/16/2017. (AKR)cc: COR (Entered: 02/16/2017)
MOTION for leave to Seal a Document by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) (Entered: 02/10/2017)
NOTICE OF FILING by Sazerac Brands, LLC, Sazerac Company, Inc. re 109 Notice of Filing,,, 108 MOTION for Summary Judgment by Sazerac Brands, LLC, Sazerac Company, Inc. , 111 Notice of Filing, 110 Notice of Filing, (Attachments: # 1 Exhibit)(Zoppoth, Scott) (Entered: 02/10/2017)
ANSWER to 55 Defendants' Counterclaims by Sazerac Brands, LLC, Sazerac Company, Inc..(Zoppoth, Scott) Modified text on 2/8/2017 (CBD). (Entered: 02/08/2017)
NOTICE OF MANDATORY ECF DIRECTED TO Shane M. Rumbaugh, a non-registered attorney re 100 Order on Motion to Appear Pro Hac Vice, had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, paper copy to S. Rumbaugh w/ECF Registration Form (AKR) (Entered: 01/10/2017)
ORDER: that Plaintiffs' Mtn for Admission Pro Hac Vice, 99 , is GRANTED, and that Rebecca Givner-Forbes is admitted to practice pro hac vice for all purposes of this action. Signed by Magistrate Judge Edward B. Atkins on 1/10/2017. (AKR)cc: COR, paper copy to Givner-Forbes with ECF Registration Form (Entered: 01/10/2017)
MOTION for Rebecca Givner-Forbes to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3689288)Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Supplement Certificate of Good Standing)(Zoppoth, Scott) (Entered: 01/09/2017)
ORDER: that the Motion to Compel [R. 79] is DENIED. IT IS FURTHER ORDERED that the Motion to Expedite [R. 93] is GRANTED as follows: (1) That the deadline for fact and expert discovery shall be extended to and including January 27, 2017; and (2) That the deadline to file dispositive motions shall be extended to and including February 10, 2017. Signed by Magistrate Judge Edward B. Atkins on 12/29/2016.(AKR)cc: COR (Entered: 12/29/2016)
ORDER: re 95 Order; Court's prior Order, is AMENDED AS FOLLOWS: that ON OR BEFORE DECEMBER 30, 2016: parties comply with paragraphs (1) through (3) - (SEE Order for completeness). Signed by Magistrate Judge Edward B. Atkins on 12/20/2016.(AKR)cc: COR (Entered: 12/20/2016)
ORDER: THAT ON OR BEFORE DECEMBER 26, 2016: (1) Peristyle disclose and produce to Sazerac, pursuant to Rule 26(a)(2), the second spreadsheet (also described as the unaltered Exhibit V) as originally provided to Mr. Stratton; (2) Peristyle produce the initial spreadsheet (also described as the first spreadsheet provided to Mr. Stratton) to the extent that Mr. Stratton reviewed, reflected upon, read, and or used it in connection with the formulation of his opinions, even if such information was ultimately rejected; (3) Peristyle produce any and all facts or data, including but not limited to spreadsheets and books and records kept in the ordinary course of business, that were furnished to Mr. Stratton and that he reviewed, reflected upon, read, and or used in connection with the formulation of his opinions, even if such information was ultimately rejected. Signed by Magistrate Judge Edward B. Atkins on 12/19/2016.(AKR)cc: COR (Entered: 12/19/2016)
ORDER: that any response to Plaintiff's Mtn, (R. 93 ) shall be filed on or before WEDNESDAY, 12/21/2016. Signed by Magistrate Judge Edward B. Atkins on 12/14/2016.(AKR)cc: COR (Entered: 12/14/2016)
MOTION to Expedite by Sazerac Brands, LLC, Sazerac Company, Inc. Expedited Motion to Clarify Expert Deposition Deadlines and Extend Summary Judgment Deadlines and Memorandum in Support Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit Email Communication, # 2 Proposed Order)(Zoppoth, Scott) (Entered: 12/13/2016)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 12/7/2016. before Magistrate Judge Edward B. Atkins: (1) The attached letters be filed and docketed into the record, with the attached Exhibits to both letters to be FILED UNDER SEAL; and (2) This matter now stands submitted to the undersigned for decision. (Court Reporter None Required.) (Attachments: # 1 Peristyle Postion Statement, # 2 Sealed Exhibits, # 3 Sazerac Position Statement, # 4 Sealed Exhibits) Signed by Edward B. Atkins. (AKR)cc: COR (Additional attachment(s) added on 12/8/2016: # 5 Sealed Exhibit V) (AKR). (Entered: 12/08/2016)
ORDER: (1) TELEPHONE CONFERENCE set for 12/7/2016 at 11:00 AM (2) Counsel shall access the conference by calling AT&T Teleconferencing per directives of this order (3) Each party shall submit to the Court per directives of this order no later than TUESDAY, DECEMBER 6, at 5:00 P.M. The statement shall not to exceed three pages and shall be served upon opposing counsel. Signed by Magistrate Judge Edward B. Atkins on 12/5/2016.(CBD)cc: COR Modified typo on 12/6/2016 (CBD). (Entered: 12/05/2016)
NOTICE OF FILING of the attached Affidavit of Melissa Mahurin Whitehead re 72 Response in Opposition Motion by Peristyle Holdings, LLC, Peristyle, LLC (Attachments: # 1 Affidavit Melissa M. Whitehead)(Whitehead, Melissa) Modified text on 11/8/2016 (CBD). (Entered: 11/07/2016)
ORDER: that Dfts' Mtn for Leave to Seal (R. 87 ) is GRANTED, and that Exhibits A, B, and F to Peristyle's Response 85 to Sazerac's Mtn to Compel Deposition and Documents of Non-Party Brook Smith, (R. 85-1, 85-2, 85-6), be place UNDER SEAL. Signed by Magistrate Judge Edward B. Atkins on 10/25/2016. (AKR)cc: COR (Entered: 10/26/2016)
MOTION for leave to Seal Exhibits A, B and F 86 in support of Response 85 to Motion to Compel pursuant to protective Order 43 by Peristyle Holdings, LLC, Peristyle, LLC Motions referred to Edward B. Atkins. Filed per QC re 86 (Attachments: # 1 Proposed Order)(CBD) (Entered: 10/24/2016)
RESPONSE to Motion re 79 MOTION to Compel by Sazerac Brands, LLC, Sazerac Company, Inc. filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit A - Arvin Excerpts - Under Seal, # 2 Exhibit B - Barnes Excerpts - Under Seal, # 3 Exhibit C - Key to the Castle Report, # 4 Exhibit D - Murry Excerpts, # 5 Exhibit E - Blackwood Excerpts, # 6 Exhibit F - PERISTYLE 11911 - 11913 - Under Seal, # 7 Exhibit G - 9-9-16 Email, # 8 Exhibit H - 10-4-16 Email, # 9 Exhibit I - 8-10-16 Email)(Whitehead, Melissa) See DE 86 for Sealed Exhibits. Modified text on 10/26/2016 (CBD). (Entered: 10/21/2016)
NOTICE OF COMPLIANCE pursuant to the Court's Order 82 , by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit Email Communication)(Zoppoth, Scott) Modified text on 10/14/2016 (CBD). (Entered: 10/13/2016)
ORDER: on or before Thursday, October 13, 2016, counsel for the Plaintiff shall file notice into the record indicating whether he/they spoke with attorney Alford regarding a date/time and location for Smith's deposition prior to filing the motion to compel, as directed. IT IS FURTHER ORDERED that any response to the Plaintiffs' motion to compel shall be filed ON OR BEFORE FRIDAY, OCTOBER 21, 2016, and any reply shall be filed ON OR BEFORE FRIDAY, OCTOBER 28, 2016. Signed by Magistrate Judge Edward B. Atkins on 10/11/2016.(AKR)cc: COR (Entered: 10/11/2016)
ORDER: that Plaintiffs' Mtn for Leave to Seal (R. 80 ) is GRANTED, and the Plaintiffs have leave to file the accompanying documents, (R. 79-6, 79-7, 79-9, 79-10, 79-11, 79-12), UNDER SEAL. Signed by Magistrate Judge Edward B. Atkins on 10/11/2016. (AKR)cc: COR (Entered: 10/11/2016)
MOTION for Leave to File Documents under Seal by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) Modified text on 10/13/2016 (CBD). (Entered: 10/07/2016)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/3/2016 before Magistrate Judge Edward B. Atkins: The Court advised Plaintiff's counsel to speak with Mr. Smith's attorney regarding Mr. Smith's availability for depositions prior to filing a motion related to the discovery dispute. The Court further advised counsel that after attempting to contact Mr. Smith's attorney, Plaintiffs counsel is granted leave to file any motion relating to any pending discovery issue by Friday, October 7, 2016.. Signed by Magistrate Judge Edward B. Atkins on 10/5/2016. (Court Reporter - None)(CBD)cc: COR (Entered: 10/05/2016)
ORDER: Defendants' Motion for Leave to Seal 73 is GRANTED, and the accompanying documents, 74 , shall be placed UNDER SEAL. Signed by Magistrate Judge Edward B. Atkins on 10/5/2016. (CBD)cc: COR (Entered: 10/05/2016)
ORDER: Plaintiffs; Motion 75 for Admission Pro Hac Vice is GRANTED, and Shane M. Rumbaugh is admitted to practice pro hac vice for all purposes of this action. Signed by Magistrate Judge Edward B. Atkins on 10/5/2016. (CBD)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Rumbaugh USPS (Entered: 10/05/2016)
MOTION for Shane M. Rumbaugh to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3606486)Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order Proposed Order, # 2 Affidavit Affidavit, # 3 Exhibit Certificate of Good Standing)(Zoppoth, Scott) (Entered: 10/04/2016)
SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re 73 MOTION for leave to Seal a Document and in support of 72 Response in Opposition to Motion to Strike by Peristyle Holdings, LLC, Peristyle, LLC (Attachments: # 1 Exhibit B - 0010322, # 2 Exhibit F - 000067, # 3 Exhibit G - 0009562, # 4 Exhibit H - 0009469, # 5 Exhibit I - Murry I Excerpts) (Whitehead, Melissa) Modified text on 10/5/2016 (CBD). (Entered: 10/03/2016)
MOTION for leave to Seal a Document 66 MOTION to Strike 56 Answer to Complaint, Counterclaim,, 55 Answer to Amended Complaint, Counterclaim,, by Sazerac Brands, LLC, Sazerac Company, Inc. , 72 Response in Opposition to Motion,,, by Peristyle Holdings, LLC, Peristyle, LLC Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Whitehead, Melissa) (Entered: 10/03/2016)
RESPONSE in Opposition re 66 MOTION to Strike 56 Answer to Complaint, Counterclaim,, 55 Answer to Amended Complaint, Counterclaim,, by Sazerac Brands, LLC, Sazerac Company, Inc. filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit A - Comstock Excerpts Under Seal, # 2 Exhibit B - SAZ-PERI-001032 Under Seal, # 3 Exhibit C - SAZ-PERI-0001400, # 4 Exhibit D - National Register, # 5 Exhibit E - Barnes Excerpts, # 6 Exhibit F - BEAM000067 Under Seal, # 7 Exhibit G - SAZ-PERI-0009562 Under Seal, # 8 Exhibit H - SAZ-PERI-0009469 Under Seal, # 9 Exhibit I - Murry I Excerpts Under Seal, # 10 Exhibit J - Murry II Excerpts, # 11 Exhibit K - SOS-BT-OTDC, # 12 Exhibit L - Labels, # 13 Affidavit M Whitehead)(Whitehead, Melissa) See DE 74 for SEALED Exhibits. Modified text on 10/13/2016 (CBD). (Additional attachment(s) added on 11/8/2016: # 14 Affidavit of Melissa Whitehead) (CBD). (Entered: 10/03/2016)
ORDER: (1) TELEPHONE CONFERENCE call among counsel and undersigned will be held Monday, 10/3/2016 at 10:30 AM, Eastern Time. (2) Counsel shall access conference by calling AT & T Teleconferencing at 1-877-336-1839, as directed by this Order. Signed by Magistrate Judge Edward B. Atkins on 9/29/2016.(AKR)cc: COR, Pike diary (Entered: 09/29/2016)
SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 43 Protective Order, Set/Clear Flags, Motion Submitted, 69 Order on Motion for leave to Seal Document, by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Zoppoth, Scott) (Entered: 09/13/2016)
69
Filed: 9/12/2016, Entered: None
Unknown Document Type
ORDER: The Court having received and considered the Plaintiffs' Motion 65 for Leave to Seal, and the Court being sufficiently advised, IT IS HEREBY ORDERED that the document designated and marked as "Confidential" and the deposition transcript excerpts designated as "AEO" pursuant to the Protective Order (DE 43), are permitted to be filed under seal pursuant to Local Rule 5.7.. Signed by Magistrate Judge Edward B. Atkins on 9/12/2016. (CBD)cc: COR (Entered: 09/12/2016)
ORDER: (1) Defendant has 57 until September 30, 2016 to produce additional ESI necessary to comply with Plaintiffs discovery requests. (2) All fact discovery shall be completed by October 17, 2016. (3) The parties shall exchange affirmative expert reports by November 7, 2016, and rebuttal expert reports by November 28, 2016. (4) The initial scheduling order 31 shall control all other deadlines not affected by this order. Signed by Magistrate Judge Edward B. Atkins on 9/12/2016. (CBD)cc: COR (Entered: 09/12/2016)
MINUTE ENTRY ORDER for TELEPHONE CONFERENCE held on 9/9/2016, before Magistrate Judge Edward B. Atkins: During the call, the parties d iscussed the need to extend discovery deadlines. Referencing the Motion for Extension of Time 57 and the Response and Reply (Rs. 61 , 64 ), the parties agreed that more time was necessary to allow for production of ESI and further discovery related to additional ESI disclosures. The Court advised counsel that an order on the Motion for Extension of Time would be forthcoming. Signed by Magistrate Judge Edward B. Atkins on 9/9/2016. (Court Reporter - None)(CBD)cc: COR (Entered: 09/09/2016)
MOTION to Strike 55 Answer w/ Counterclaims and 56 Amended Answers w/ Counterclaims filed without leave of Court by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Proposed Order Motion to Strike)(Zoppoth, Scott) Modified mtn text on 10/27/2016 (CBD). (Entered: 09/08/2016)
MOTION for Leave to Seal a Document by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order Motion for Leave to Seal)(Zoppoth, Scott) Modified by re-defining motion event on 9/9/2016 (AKR). (Entered: 09/08/2016)
SEALED DOCUMENT Sealed pursuant to LEAVE OF COURT re 43 Protective Order, Set/Clear Flags, 62 Order on Motion for leave to Seal Document, 57 MOTION for Extension of Time by Sazerac Brands, LLC, Sazerac Company, Inc. by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit) (Zoppoth, Scott) (Entered: 09/07/2016)
62
Filed: 9/7/2016, Entered: None
Unknown Document Type
ORDER: that the documents designated and marked as "Confidential" and the deposition transcript excerpts designated as "AEO" pursuant to the Protective Order (DE 43 ), are permitted to be filed under seal pursuant to Local Rule 5.7. Signed by Magistrate Judge Edward B. Atkins on 9/7/2016. (AKR)cc: COR (Entered: 09/07/2016)
RESPONSE to Motion re 57 MOTION for Extension of Time by Sazerac Brands, LLC, Sazerac Company, Inc. filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit 1 - Plaintiffs' First Set of Requests for Production of Documents, # 2 Exhibit 2 - Plaintiffs' Second Set of Requests for Production of Documents, # 3 Exhibit 3 - Klisch to Whitehead email 9-6-16, # 4 Exhibit 4 - Klisch to Haara email 7-27-16, # 5 Exhibit 5 - Plaintiffs' Supp Objections and Responses to 1st Set of Interrogatories)(Whitehead, Melissa) (Entered: 09/07/2016)
ORDER: (1) A TELEPHONE CONFERENCE between counsel and undersigned will be held 9/9/2016 at 10:00 AM. (2) Counsel shall access the conference by calling AT&T Teleconferencing as directed by this order. Signed by Magistrate Judge Edward B. Atkins on 9/6/2016.(CBD)cc: COR, PD (Entered: 09/06/2016)
NOTICE OF FILING by Sazerac Brands, LLC, Sazerac Company, Inc. re 57 MOTION for Extension of Time by Sazerac Brands, LLC, Sazerac Company, Inc. Exhibit 14 (Attachments: # 1 Exhibit Email Communication)(Zoppoth, Scott) (Entered: 09/06/2016)
MOTION for leave to Seal a Document by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Zoppoth, Scott) (Entered: 09/06/2016)
MOTION for Extension of Time To Re-Convene Depositions Taken By Plaintiffs by Sazerac Brands, LLC, Sazerac Company, Inc. - Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit 1- Defendants' Responses to Plaintiffs' First Set of Requests for Production of Documents, # 4 Exhibit 2- April 27, 2016 Correspondence, # 5 Exhibit 3- July 13, 2016 Correspondence, # 6 Exhibit 4- Defendants' Responses and Objections to Plaintiffs' Second Set of Requests for Production of Documents, # 7 Exhibit 5- Search Terms, # 8 Exhibit 6- Email Communication, # 9 Exhibit 7-to be file under Seal, # 10 Exhibit 8-to be filed under Seal, # 11 Exhibit 9-to be filed under Seal, # 12 Exhibit 10- Email Communication, # 13 Exhibit 11- Email Communication, # 14 Exhibit 12- Email Communication, # 15 Exhibit 13- Email Communication)(Zoppoth, Scott) Modified adding text to better describe pleading and attachments on 9/7/2016 (AKR). (Additional attachment(s) added on 9/7/2016: # 16 Exhibit 14 - Email Communications) (AKR). See DE 63 for SEALED EXHIBITS on 9/12/2016 (CBD). (Entered: 09/06/2016)
CORRECTED ANSWER to 52 Second Amended Complaint , COUNTERCLAIM against Peristyle Holdings, LLC, Peristyle, LLC by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit A - Pepper v Labrot)(Whitehead, Melissa) Modified text and added link to related pleading on 8/23/2016 (AKR). (Entered: 08/22/2016)
ANSWER to 52 Second Amended Complaint and , COUNTERCLAIM against Sazerac Brands, LLC, Sazerac Company, Inc. by Peristyle Holdings, LLC, Peristyle, LLC.(Haara, Brian) Modified by adding text to better describe pleading on 8/16/2016 (AKR). (Entered: 08/15/2016)
ORDER: the Plaintiff's Motion for Admission Pro Hac Vice 53 is GRANTED, and that Michael J. Mortorano, is hereby admitted to practice pro hac vice for all purposes in this action. Signed by Magistrate Judge Edward B. Atkins on 8/10/2016. (CBD)cc: COR (Entered: 08/10/2016)
MOTION for Michael J. Mortorano to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3556650)Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Exhibit)(Zoppoth, Scott) (Entered: 08/09/2016)
SECOND AMENDED COMPLAINT against Peristyle Holdings, LLC, Peristyle, LLC, filed by Sazerac Company, Inc., Sazerac Brands, LLC. (Attachments: # 1 Exhibit A - Copy of OLD TAYLOR Registration, # 2 Exhibit B - Copy of COLONEL E. H. TAYLOR Registration, # 3 Exhibit C - PAPPY VAN WINKLE Registration certificate, # 4 Exhibit D - OLD RIP VAN WINKLE registration certificate, # 5 Exhibit E - Webpage depiction for Old Taylor Distillery, # 6 Exhibit F - Web article on Old Taylor Distillery by Janet Patton, # 7 Exhibit G - Facebook page Marianne Barnes, # 8 Exhibit H - Product Development Progress, # 9 Exhibit I - Web article The Old Taylor Distillery Company, # 10 Exhibit J - Facebook page Mail Chimp, # 11 Exhibit K - Twitter page Marianne Barnes, # 12 Exhibit L - Castle & Key Distillery July Happenings, # 13 Exhibit M - 7/7/16 Marianne Barnes facebook postings, # 14 Exhibit N - Facebook postings 7/7/16 continued, # 15 Exhibit O - 7/7/16 facebook page "Old Taylor is Open For Business", # 16 Exhibit P - The Whiskey Wash web pages, # 17 Exhibit Q - 7/8/16 tweets by Marianne Barnes and replies, # 18 Exhibit R - 7/19/16 facebook postings Marianne Barnes, # 19 Exhibit S - Marianne Barnes 7/7/16 facebook posting "Interview", # 20 Exhibit T - 7/19/16 Barnes facebook postings continued, # 21 Exhibit U - 7/7/16 Barnes postings continued)(AKR) Modified on 8/1/2016 (AKR). Filed pursuant to Court Order 51 . (Entered: 08/01/2016)
ORDER: that Plaintiffs' Unopposed Mtn for Leave to File Second Amended Complaint (R. 50 ) is GRANTED, and the tendered Second Amended Complaint (R. 50-2) shall be filed into the record. Signed by Magistrate Judge Edward B. Atkins on 8/1/2016. (AKR)cc: COR (Entered: 08/01/2016)
UNOPPOSED MOTION for Leave to File by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Second Amended Complaint, # 3 Exhibit Redlined Second Amended Complaint, # 4 Proposed Order)(Zoppoth, Scott) Modified text on 7/29/2016 (CBD). (Entered: 07/29/2016)
FIRST AMENDED COMPLAINT against Peristyle Holdings, LLC, Peristyle, LLC, filed by Sazerac Company, Inc., Sazerac Brands, LLC. Filed pursuant to Court Order re 47 .(AKR) (Entered: 07/27/2016)
ORDER: that Plaintiffs' Mtn for Leave to File First Amended Complaint (R. 36 ) is GRANTED, and the tendered First Amended Complaint (R. 36-3) shall be filed into the record. Signed by Magistrate Judge Edward B. Atkins on 7/27/2016. (AKR)cc: COR (Entered: 07/27/2016)
ORDER: the telephone conference call set for Monday, July 25, 2016, at 2:00 p.m. 45 is hereby CANCELLED. Signed by Magistrate Judge Edward B. Atkins on 7/22/2016.(CBD)cc: COR, Pike D (Entered: 07/22/2016)
ORDER: this matter shall come before the Court for a TELEPHONE CONFERENCE on 7/25/2016 at 02:00 PM. Counsel shall access the conference by calling AT&T Teleconferencing (see Order.) The parties shall each submit a position statement, not to exceed three (3) pages in length, to chambers (see Order) NLT 12:00 PM on 7/22/2016. Signed by Magistrate Judge Edward B. Atkins on 7/21/2016.(CBD)cc: COR, Pike D (Entered: 07/21/2016)
ORDER: that Plaintiffs' Motion to Compel Protective Order is GRANTED. Signed by Magistrate Judge Edward B. Atkins on 7/7/2016.(AKR)cc: COR (Entered: 07/13/2016)
STIPULATED ORDER REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION 39 : This Order will govern discovery of electronically stored information ("ESI") in this case as a supplement to the Federal Rules of Civil Procedure and any other applicable orders and rules. Signed by Magistrate Judge Edward B. Atkins on 7/11/2016. (CBD)cc: COR (Entered: 07/11/2016)
RESPONSE in Opposition re 36 MOTION for Leave to File First Amended Complaint by Sazerac Brands, LLC, Sazerac Company, Inc. filed by Peristyle Holdings, LLC, Peristyle, LLC. (Attachments: # 1 Exhibit A - Correspondence exchange)(Haara, Brian) (Entered: 07/08/2016)
MOTION for Order by Sazerac Brands, LLC, Sazerac Company, Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Exhibit 1 - Proposed Stipulated Order)(Zoppoth, Scott) Modified on by adding description to exhibit 7/11/2016 (AKR). (Entered: 07/08/2016)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/6/2016 before Magistrate Judge Edward B. Atkins: This matter came before the undersigned for a telephonic conference call on July 6, 2016, see 37 , to address the parties' discovery dispute relating to the language and scope of the protective order they seek to use in this matter. IT IS ORDERED that the communications from counsel summarizing their positions be filed into the record as exhibits to this Order, and the matter will be taken under advisement. Signed by Magistrate Judge Edward B. Atkins on 7/7/2016.(Court Reporter: - None) (Attachments: # 1 Letter, # 2 Letter, # 3 Proposed Protective Order) (CBD)cc: COR (Entered: 07/07/2016)
ORDER: that this mater shall come before the Court for a TELEPHONE CONFERENCE on Wednesday, 7/6/2016 at 2:00 PM. Counsel shall access the conference by calling AT & T teleconferencing at 1-877-336-1839; (See order for completeness). The parties shall each submit their proposed protective order to chambers email via atkins_chambers@kyed.uscourts.gov on or before close of business TUESDAY, 7/5/16. Signed by Magistrate Judge Edward B. Atkins on 7/1/2016.(AKR)cc: COR, Pikeville diary (Entered: 07/01/2016)
MOTION for Leave to File First Amended Complaint by Sazerac Brands, LLC, Sazerac Company, Inc. - Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Exhibit Proposed First Amended Complaint, # 4 Exhibit Redlined comparison of the Complaint and Proposed First Amended Complaint, # 5 Exhibit Castle & Key website print out, # 6 Exhibit Castle & Key Trademark/Service Mark Application, # 7 Exhibit Defendants' Discovery Responses, # 8 Exhibit June 8, 2016 Email)(Zoppoth, Scott) Modified text to better describe pleading on 6/15/2016 (AKR). Modified mtn text on 6/20/2016 (CBD). (Entered: 06/14/2016)
ORDER: that Plaintiff's motion (R. 34 ) is GRANTED, and attorney Michael J. Klisch of Cooley LLP shall be and is hereby permitted to appear for and on behalf of and represent the Plaintiffs, Sazarac Brands, LLC and Sazarac Co. Inc. d/b/a Buffalo Trace Inc. for all purposes in connection with the above-styled and numbered proceeding. Signed by Magistrate Judge Edward B. Atkins on 6/13/2016.(AKR)cc: COR, paper copy with ECF registration form to M. Klisch (Entered: 06/13/2016)
MOTION for Michael J. Klisch to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $125; receipt number 0643-3507511)Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Zoppoth, Scott) (Entered: 06/13/2016)
SCHEDULING ORDER: 1. Parties exchange info by 1/19/2016. Parties exchange affirmative expert reports by 10/7/2016, and rebuttal expert reports by 11/11/2016. Discovery due by 9/6/2016. Dispositive Motions due by 1/6/2017. FINAL PRETRIAL CONFERENCE set for 6/6/2017 at 11:00 AM in FRANKFORT, Ky. Pretrial Filings due by 5/16/2017. JURY TRIAL set for 6/20/2017 at 10:00 AM in FRANKFORT, Ky. Signed by Judge Gregory F. VanTatenhove on 1/21/2016.(CBD)cc: COR, D (Entered: 01/21/2016)
ORDER: 1. The Plaintiffs' Motion for Admission Pro Hac Vice (R. 28 ) is GRANTED; and 2. Brendan J. Hughes is admitted pro hac vice as counsel for the Plaintiffs in the above-styled action. Signed by Judge Gregory F. VanTatenhove on 12/16/2015. (AKR)cc: COR, paper copy to Hughes w/ECF Registration Form (Entered: 12/16/2015)
MOTION for Brendan J. Hughes to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $95; receipt number 0643-3370079) (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit, # 3 Proposed Order)(Zoppoth, Scott) (Entered: 12/10/2015)
ANSWER to Counterclaims - 20 Answer to Complaint, Counterclaim by Sazerac Brands, LLC, Sazerac Company, Inc..(Zoppoth, Scott) Modified text to better describe pleading on 12/9/2015 (AKR). (Entered: 12/08/2015)
ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f). 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. Signed by Judge Gregory F. VanTatenhove on 12/5/2015. (Attachments: # 1 Consent Form)(CBD)cc: COR (Entered: 12/07/2015)
NOTICE OF FILING by Peristyle Holdings, LLC re 22 Disclosure Statement pursuant to FRCP 7.1 (Attachments: # 1 Exhibit A - Certificate of Service)(Smedley, Christopher) (Entered: 11/18/2015)
NOTICE OF FILING by Peristyle, LLC re 21 Disclosure Statement pursuant to FRCP 7.1 (Attachments: # 1 Exhibit A - Certificate of Service)(Smedley, Christopher) (Entered: 11/18/2015)
ANSWER to 1 Complaint,, , COUNTERCLAIM against All Plaintiffs by Peristyle, LLC, Peristyle Holdings, LLC. (Attachments: # 1 Exhibit A. Pepper v. Labrot)(Smedley, Christopher) (Entered: 11/17/2015)
ORDER: 1. The Plaintiffs' four Motions for Admission Pro Hac Vice (R. 15 ; R. 16 ; R. 17 ; R. 18 ) are GRANTED; and 2. Peter J. Willsey, Mary Klumpp, Vincent J. Badolato, and Morgan A. Champion are admitted pro hac vice as counsel for the Plaintiffs in the above- styled action. Signed by Judge Gregory F. VanTatenhove on 11/13/2015. (CBD)cc: COR w/ copy of Mandatory ECF General Order & ECF Registration form to Peter J. Willsey, Mary Klumpp, Vincent J. Badolato, and Morgan A. Champion (Entered: 11/13/2015)
MOTION for Morgan A. Champion to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $95; receipt number 0643-3349094) (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing)(Zoppoth, Scott) (Entered: 11/11/2015)
MOTION for Vincent J. Badolato to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $95; receipt number 0643-3349093) (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing)(Zoppoth, Scott) (Entered: 11/11/2015)
MOTION for Mary Klumpp to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $95; receipt number 0643-3349091) (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing)(Zoppoth, Scott) (Entered: 11/11/2015)
MOTION for Peter J. Willsey to Appear Pro Hac Vice by Sazerac Brands, LLC, Sazerac Company, Inc. ( Filing fee $95; receipt number 0643-3349083) (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Certificate of Good Standing)(Zoppoth, Scott) (Entered: 11/11/2015)
NOTICE TO ATTORNEY Peter Willsey by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Data Sheet, # 2 ECF Form, # 3 LR 83.1 and packet, # 4 LR 83.2)cc: COR w/ copy to Willsey via US Mail(CBD) (Entered: 11/10/2015)
NOTICE TO ATTORNEY Brendan Hughes by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Data Sheet, # 2 ECF Form, # 3 LR 83.1 and packet, # 4 LR 83.2)cc: COR w/ copy to Hughes via US Mail(CBD) (Entered: 11/10/2015)
NOTICE TO ATTORNEY Morgan Champion by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Data Sheet, # 2 ECF Form, # 3 LR 83.1 and packet, # 4 LR 83.2)cc: COR w/ copy to Champion via US Mail(CBD) (Entered: 11/10/2015)
NOTICE TO ATTORNEY Vincent J. Badolato by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 Data Sheet, # 2 ECF Form, # 3 LR 83.1 and packet, # 4 LR 83.2)cc: COR, copy to Badolato via US Mail (CBD) (Entered: 11/10/2015)
SUMMONS Returned Executed by Sazerac Brands, LLC, Sazerac Company, Inc. via Certified Mail to Peristyle Holdings, LLC served on 11/2/2015, answer due 11/23/2015. (Attachments: # 1 Receipt)(Zoppoth, Scott) (Entered: 11/04/2015)
SUMMONS Returned Executed by Sazerac Brands, LLC, Sazerac Company, Inc. via Certified Mail to Peristyle, LLC served on 10/30/2015, answer due 11/20/2015. (Attachments: # 1 Receipt)(Zoppoth, Scott) (Entered: 11/03/2015)
STRICKEN FROM DOCKET: INCOMPLETE DOCUMENT PURSUANT to Notice of Action Striking Document filed on 11/3/2015." Modified text on 11/3/2015 (CBD). (Entered: 11/02/2015)
NOTICE OF FILING by Sazerac Brands, LLC, Sazerac Company, Inc. re 1 Complaint,, Summons for Defendant, Peristyle Holdings, LLC (Zoppoth, Scott) (Entered: 10/29/2015)
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Scott Zoppoth. 1 Complaint,, has been filed by Sazerac Brands, LLC & Sazerac Company, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 10/28/2015)
COMPLAINT ( Filing fee $400; receipt number 0643-3337535), filed by Sazerac Brands, LLC, Sazerac Company, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - OLD TAYLOR Registration, # 3 Exhibit B - COLONEL E. H. TAYLOR Registration, # 4 Exhibit C - Web Page - Old Taylor Distillery, # 5 Exhibit D - Web Page Old Taylor Distillery, # 6 Exhibit E - Facebook Page Marianne Barnes, # 7 Exhibit F - Old Taylor Product Development Progress Page, # 8 Exhibit G - Old Taylor Web Page re Master Distiller, # 9 Exhibit H - Peristyle LLC Web Page, # 10 Exhibit I - Twitter Page Marianne Barnes, # 11 Summons)(CBD) (Entered: 10/28/2015)
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