Case Details

CourtEastern District of California
Docket number2:08-cv-02632
Date case filed2008-11-04
Date case closed2012-09-28
Date of latest filing2012-09-28
Assigned toDistrict Judge John A. Mendez
Case cause15:1125 Trademark Infringement (Lanham Act)
Nature of suit840 Trademark
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: CytoSport, Inc.
Party type: Counter Defendant
a California Corporation
Attorney name: Glenn W. Peterson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed H. Hansen , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Peter M. de Jonge , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Bettilyon , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Samuel C. Straight , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Vital Pharmaceuticals, Inc.
Party type: Counter Claimant
a Florida Corporation
Attorney name: Adam Johnson Thurston
Attorney Contact:
(See above for address)
TERMINATED: 07/11/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Alan J. Droste
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Andrew Thomas Mortl
Attorney Contact:
(See above for address)
TERMINATED: 11/22/2011 ATTORNEY TO BE NOTICED

Attorney name: April E Rolle , PHV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Erica Stump , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009

Attorney name: Gigi Chali Hoang
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009

Attorney name: James M Hanlon , Jr
Attorney Contact:
(See above for address)
TERMINATED: 11/22/2011

Attorney name: Kalina Pagano , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Luis F. Ugaz , PHV
Attorney Contact:
(See above for address)
TERMINATED: 07/28/2011

Attorney name: Ramsey M. Al-Salam , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009

Attorney name: Shawn L. Michaelson , PHV
Attorney Contact:
(See above for address)
TERMINATED: 03/23/2010

Attorney name: Victoria Nicole Godwin , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Vital Pharmaceuticals, Inc.
Party type: Counter Claimant
a Florida Corporation
Attorney name: Adam Johnson Thurston
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Erica Stump , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Gigi Chali Hoang
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Ramsey M. Al-Salam , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Kalina Pagano , PHV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Shawn L. Michaelson , PHV
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Victoria Nicole Godwin , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: CytoSport, Inc.
Party type: Counter Defendant
a California Corporation
Attorney name: Glenn W. Peterson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed H. Hansen , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter M. de Jonge , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Bettilyon , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Samuel C. Straight , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Vital Pharmaceuticals, Inc.
Party type: Counter Claimant
a Florida Corporation
Attorney name: Adam Johnson Thurston
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Erica Stump , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Gigi Chali Hoang
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Ramsey M. Al-Salam , PHV
Attorney Contact:
(See above for address)
TERMINATED: 09/25/2009 LEAD ATTORNEY

Attorney name: Kalina Pagano , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Shawn L. Michaelson , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Victoria Nicole Godwin , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: CytoSport, Inc.
Party type: Counter Defendant
a California Corporation
Attorney name: Glenn W. Peterson
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jed H. Hansen , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Peter M. de Jonge , PHV
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark M. Bettilyon , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Samuel C. Straight , PHV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12008-11-04 ComplaintCOMPLAINT against all defendants by CytoSport, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Peterson, Glenn) (Entered: 11/04/2008)
22008-11-04 Clerk's Notice of Docket CorrectionCLERK'S NOTICE : Attn: Glenn W Peterson *****Civil Cover Sheet****Under Local Rule 3-200, every complaint, amended complaint, or other document initiating acivil action shall be accompanied by a completed civil cover sheet, on a form available from theClerk and on the Court's website. Please file your civil cover sheet. (Martin, S) (Entered: 11/04/2008)
42008-11-04 Civil Cover SheetCIVIL COVER SHEET by CytoSport, Inc. (Peterson, Glenn) (Entered: 11/04/2008)
52008-11-05 Trademark New Case Documents for FCDTRADEMARK NEW CASE DOCUMENTS ISSUED as to Trademark #1:* 2,714,802 * * 05/13/03 * * CytoSport, Inc. * Trademark #2:* 2,973,352 * * 7/19/05 * * CytoSport, Inc. * ; (Attachments: # 1 Consent Forms, # 2 Trademark, # 3 VDRP Forms) (Engbretson, K.) (Entered: 11/05/2008)
62008-11-05 SummonsSUMMONS ISSUED as to *Vital Pharmaceuticals, Inc.* with answer to complaint due within *20* days. Attorney *Glenn W. Peterson, Esq.* *Millstone, Peterson and Watts, LLP* *2267 Lava Ridge Court, Suite 210* *Roseville, CA 95661*. (Engbretson, K.) (Entered: 11/05/2008)
72008-11-17 Amended DocumentAMENDED COMPLAINT by CytoSport, Inc.. (Attachments: # 1 Exhibit A # 2 Exhibit B # 3 Exhibit C # 4 Exhibit D) (Peterson, Glenn) Modified on 11/17/2008 (Krueger, M). (Entered: 11/17/2008)
82008-12-17 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Extension of Time for Defendant Vital Pharmaceuticals, Inc. to Answer or Respond to Plaintiff's Amended Complaint by Vital Pharmaceuticals, Inc.. Attorney Hoang, Gigi Chali added. (Hoang, Gigi) (Entered: 12/17/2008)
92008-12-17 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc. for attorney Ramsey M. Al-Salam to appear Pro Hac Vice. (Hoang, Gigi) (Entered: 12/17/2008)
102008-12-17 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc. for attorney Erica Stump to appear Pro Hac Vice. (Hoang, Gigi) (Entered: 12/17/2008)
112008-12-18 Stipulation and OrderSTIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 12/17/08 ORDERING that the dft is granted an extension of time to file an answer to the amended complaint; answer due on or before 12/31/08. (Manzer, C) (Entered: 12/18/2008)
122008-12-22 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 12/22/08 re 10 Pro Hac Vice Application. Added attorney Erica Stump, PHV for Vital Pharmaceuticals, Inc., (Benson, A.) (Entered: 12/22/2008)
132008-12-22 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 12/22/08 re 9 Pro Hac Vice Application. Added attorney Ramsey M. Al-Salam, PHV for Vital Pharmaceuticals, Inc. (Benson, A.) (Entered: 12/22/2008)
142008-12-31 Answer to ComplaintANSWER to COMPLAINT by Vital Pharmaceuticals, Inc..(Stump, Erica) (Entered: 12/31/2008)
152009-01-02 Motion to DismissMOTION to DISMISS Transfer or Stay in Light of Earlier Filed Case and Brief in Support Thereof by Vital Pharmaceuticals, Inc.. Motion Hearing set for 2/20/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Attachments: # 1 Declaration of Erica W. Stump, # 2 Exhibit A to Declaration of EWS, # 3 Exhibit B to Decl of EWS)(Stump, Erica) (Entered: 01/02/2009)
162009-01-02 Notice - OtherNOTICE of Motion to Dismiss Transfer or Stay in Light of Earlier Filed Case and Proposed Order by Vital Pharmaceuticals, Inc. re 15 MOTION to DISMISS Transfer or Stay in Light of Earlier Filed Case and Brief in Support Thereof. (Stump, Erica) (Entered: 01/02/2009)
172009-01-12 Status ReportJOINT STATUS REPORT by CytoSport, Inc.. (Peterson, Glenn) (Entered: 01/12/2009)
182009-01-13 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr. on 1/13/2009: The parties filed a Joint Status Report on January 12, 2009 as required by the Court's Order Requiring a Joint Status Report. A review of the docket shows a pending Motion to Dismiss, Transfer or Stay the Case set for hearing on February 20, 2009. The Court shall defer the scheduling of this action and shall issue a Pretrial Scheduling Order, if necessary, within 30 days after the issuance of an order on the motion. (TEXT ONLY) (Krueger, M) (Entered: 01/13/2009)
192009-02-02 StipulationSTIPULATION re Motion for Suspension by CytoSport, Inc.. (Peterson, Glenn) (Entered: 02/02/2009)
202009-02-04 Proposed OrderPROPOSED ORDER FOR SUSPENSION re 19 Stipulation. (Peterson, Glenn) (Entered: 02/04/2009)
212009-02-04 OrderORDER FOR SUSPENSION signed by Judge Frank C. Damrell, Jr on 2/4/2009 ORDERING that pursuant to the parties Stipulation all current deadlines in this action, including without limitation, the hearing currently scheduled for Defendant's Motion to Dismiss on 2/20/09, are suspended pending the decision in the United States District Court, Southern District of Florida with regard to the motion to dismiss currently before that Court. Defendant's Motion to Dismiss 15 is VACATED. (Krueger, M) (Entered: 02/04/2009)
222009-02-19 Notice - OtherNOTICE of Order Dismissing Florida Action by CytoSport, Inc.. (Attachments: # 1 Exhibit A)(Peterson, Glenn) (Entered: 02/19/2009)
232009-02-24 Notice - OtherNOTICE of Filing Defendant's Motion for Reconsideration of Order Granting Motion to Dismiss in the USDC, Southern District of Florida by Vital Pharmaceuticals, Inc. (Attachments: # 1 Exhibit A)(Stump, Erica) Modified on 2/24/2009 (Duong, D). (Entered: 02/24/2009)
242009-03-02 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by CytoSport, Inc. for attorney Jed Hansen to appear Pro Hac Vice. (Peterson, Glenn) (Entered: 03/02/2009)
262009-03-02 Motion for Preliminary InjunctionMOTION for PRELIMINARY INJUNCTION by CytoSport, Inc.. Motion Hearing set for 5/1/2009 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Peterson, Glenn) Modified on 3/11/2009 (Marciel, M). (Entered: 03/02/2009)
272009-03-02 Proposed OrderPROPOSED ORDER granting 26 Motion for Preliminary Injunction Order. (Peterson, Glenn) Modified on 3/11/2009 (Marciel, M). (Entered: 03/02/2009)
282009-03-02 Memorandum in Support of MotionMEMORANDUM of Points and Authorities in support of 26 Motion for Preliminary Injunctions by CytoSport, Inc.. (Attachments: # 1 Exhibit 1 # 2 Exhibit A to Ex. 1 # 3 Exhibit B to Ex. 1 # 4 Exhibit C to Ex. 1 # 5 Exhibit D to Ex. 1 # 6 Exhibit E to Ex. 1 # 7 Exhibit F to Ex. 1 # 8 Exhibit G to Ex. 1 # 9 Exhibit H to Ex. 1 # 10 Exhibit I to Ex. 1 # 11 Exhibit J to Ex. 1 # 12 Exhibit K to Ex. 1 # 13 Exhibit L to Ex. 1 # 14 Exhibit 2 # 15 Exhibit 3 # 16 Exhibit 4 # 17 Exhibit A to Ex. 4 # 18 Exhibit 5 # 19 Exhibit 6 # 20 Exhibit 7) (Peterson, Glenn) Modified on 3/11/2009 (Marciel, M). (Entered: 03/02/2009)
292009-03-03 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 3/2/2009 GRANTING 24 Pro Hac Vice Application and Proposed Order to add attorney Jed H. Hansen, PHV for CytoSport, Inc. (Matson, R) (Entered: 03/03/2009)
302009-03-05 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by CytoSport, Inc. for attorney Mark M. Bettilyon to appear Pro Hac Vice. (Peterson, Glenn) (Entered: 03/05/2009)
312009-03-05 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by CytoSport, Inc. for attorney Samuel C. Straight to appear Pro Hac Vice. (Peterson, Glenn) (Entered: 03/05/2009)
342009-03-09 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 3/6/2009 ORDERING 30 Attorney Mark M. Bettilyon, to appear for CytoSport, Inc.(Reader, L) (Entered: 03/09/2009)
352009-03-09 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 3/6/2009 ORDERING 31 Attorney Samuel C. Straight, to appear for CytoSport, Inc. (Reader, L) (Entered: 03/09/2009)
362009-03-11 Notice - OtherNOTICE of Serving its Answers to Plaintiff's First Set of Interrogatories by Vital Pharmaceuticals, Inc. (Stump, Erica) Modified on 3/11/2009 (Reader, L). (Entered: 03/11/2009)
372009-03-18 Motion to Amend the Complaint/PetitionUnopposed MOTION to AMEND the COMPLAINT by CytoSport, Inc. (Attachments: # 1 Exhibit A)(Peterson, Glenn) Modified on 3/18/2009 (Duong, D). (Entered: 03/18/2009)
382009-03-18 Proposed OrderPROPOSED ORDER re 37 Unopposed MOTION to AMEND the COMPLAINT. (Peterson, Glenn) (Entered: 03/18/2009)
392009-03-18 Motion for Protective OrderStipulated MOTION for PROTECTIVE ORDER by CytoSport, Inc. (Attachments: # 1 Exhibit A)(Peterson, Glenn) Modified on 3/18/2009 (Duong, D). (Entered: 03/18/2009)
402009-03-18 OrderORDER signed by Judge Frank C. Damrell, Jr. on 3/18/2009 GRANTING 37 the Unopposed Motion to Amend the Complaint. Plaintiff shall file the Second Amended Complaint as a separate docket entry. Defendant shall have 20 days from the date of this Order to file a responsive pleading.(Krueger, M) (Entered: 03/18/2009)
412009-03-19 Amended ComplaintSECOND AMENDED COMPLAINT against Vital Pharmaceuticals, Inc. by CytoSport, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Peterson, Glenn) (Entered: 03/19/2009)
41.1 Exhibit A
41.2 Exhibit B
41.3 Exhibit C
41.4 Exhibit D
41.5 Exhibit E
41.6 Exhibit F
422009-03-26 Motion for Protective OrderMOTION for PROTECTIVE ORDER (Stipulated) by CytoSport, Inc.. (Attachments: # 1 Exhibit A)(Peterson, Glenn) (Entered: 03/26/2009)
432009-03-30 Stipulation and OrderSTIPULATED PROTECTIVE ORDER signed by Judge Frank C. Damrell, Jr. on 03/27/09. See order for details. (Benson, A.) (Entered: 03/30/2009)
442009-04-03 Notice - OtherNOTICE of Serving Defendant's Updated Responses to Plaintiff's First Set of Interrogatories by Vital Pharmaceuticals, Inc.. (Stump, Erica) (Entered: 04/03/2009)
452009-04-07 Answer to Amended ComplaintANSWER to SECOND AMENDED COMPLAINT by Vital Pharmaceuticals, Inc..(Al-Salam, Ramsey) Modified on 4/8/2009 (Streeter, J). (Entered: 04/07/2009)
462009-04-17 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Page-Limit Extension for Plaintiff's Motion for Preliminary Injunction and Opposition Thereto by Vital Pharmaceuticals, Inc.. (Al-Salam, Ramsey) (Entered: 04/17/2009)
472009-04-17 Notice - OtherNOTICE of filing Sealed Documents in support of 26 Motion for Preliminary Injunction by Vital Pharmaceuticals, Inc.. (Al-Salam, Ramsey) Modified on 4/20/2009 (Marciel, M). (Entered: 04/17/2009)
482009-04-17 DeclarationDECLARATION of JOAN MEAGHER in OPPOSITION TO 26 Motion for Preliminary Injunction. (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)(Al-Salam, Ramsey) (Entered: 04/17/2009)
492009-04-20 Stipulation and OrderSTIPULATION and ORDER 46 for page-limit extension signed by Judge Frank C. Damrell, Jr. on 4/20/2009. Defendant VPX may file an Opposition Brief to CytoSport's Motion for Preliminary Injunction of up to 40 pages in length. Further, both parties agree to a 21-page extension for CS's Brief that is on file supporting its Motion for Preliminary Injunction. (Marciel, M) (Entered: 04/20/2009)
502009-04-20 Sealed EventSEALED EVENT. (Engbretson, K.) (Entered: 04/20/2009)
512009-04-20 Sealed EventSEALED EVENT. (Engbretson, K.) (Entered: 04/20/2009)
522009-04-20 Sealed EventSEALED EVENT. (Engbretson, K.) (Entered: 04/20/2009)
532009-04-20 Sealed EventSEALED EVENT. (Engbretson, K.) (Entered: 04/20/2009)
542009-04-20 Amended DocumentAMENDED DOCUMENT by Vital Pharmaceuticals, Inc... Praecipe to File Supplemental Declaration of Ramsey M. Al-Salam in Support of Opposition to Plaintiff's Motion for Preliminary Injunction (Al-Salam, Ramsey) (Entered: 04/20/2009)
552009-04-20 Notice - OtherNOTICE of Filing Sealed Document by Vital Pharmaceuticals, Inc. re 54 Amended Document. (Al-Salam, Ramsey) (Entered: 04/20/2009)
562009-04-22 Sealed EventSEALED EVENT. (Engbretson, K.) (Entered: 04/22/2009)
572009-04-23 Notice - OtherNOTICE of Order Denying Motion for Reconsideration in Florida Action by CytoSport, Inc.. (Hansen, Jed) (Entered: 04/23/2009)
582009-04-24 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 4/24/2009: In light of the Decision Denying the Motion for Reconsideration in the Florida Action 57 , the Order of Suspension which was entered on 2/4/09 21 is hereby Lifted. The parties shall file an updated Joint Status Report by June 19, 2009. (TEXT ONLY)(Krueger, M) (Entered: 04/24/2009)
592009-04-24 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Page-Limit Extension for Plaintiff's Reply to Defendant's Opposition to Motion for Preliminary Injunction by CytoSport, Inc.. (Hansen, Jed) (Entered: 04/24/2009)
602009-04-24 Stipulation and OrderSTIPULATION and ORDER 59 signed by Judge Frank C. Damrell, Jr on 4/24/2009 GRANTING Plaintiff a page extension of 32 pages for their Reply Brief. (Krueger, M) (Entered: 04/24/2009)
612009-04-24 Reply to Response to MotionREPLY by CytoSport, Inc. to RESPONSE to 26 Motion for Preliminary Injunction. re Objections to Evidence (Peterson, Glenn) (Entered: 04/24/2009)
622009-04-24 Notice - OtherNOTICE of Filing Document under Seal by CytoSport, Inc. re 26 Motion for Preliminary Injunction. (Peterson, Glenn) Modified on 4/28/2009 (Carlos, K). (Entered: 04/24/2009)
632009-04-24 Notice - OtherNOTICE of Filing Document under Seal by CytoSport, Inc. re 26 Motion for Preliminary Injunction. (Peterson, Glenn) Modified on 4/28/2009 (Carlos, K). (Entered: 04/24/2009)
642009-04-27 Sealed EventSEALED EVENT. (Mena-Sanchez, L) (Entered: 04/27/2009)
652009-04-27 Sealed EventSEALED EVENT. [MAINTAINED ON PAPER]. (Mena-Sanchez, L) (Entered: 04/27/2009)
662009-04-29 Reply to Response to MotionREPLY by Vital Pharmaceuticals, Inc. to RESPONSE to 26 Motion for Preliminary Injunction. - VPX Reply in Support of its Objections to Evidence Submitted in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Exhibit A)(Al-Salam, Ramsey) (Entered: 04/29/2009)
672009-04-29 Notice - OtherNOTICE of Filing of Sealed Document by Vital Pharmaceuticals, Inc. re 66 Reply to Response to Motion,. (Al-Salam, Ramsey) (Entered: 04/29/2009)
682009-04-30 Sealed EventSEALED EVENT (Becknal, R) (Entered: 04/30/2009)
692009-04-30 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 4/30/2009: While the Court does not find that plaintiff introduced new arguments and/or evidence in its reply papers, in the interest of deciding the pending motion on the fullest record possible, the Court GRANTS defendant leave to file its sur-reply papers, and the Court will consider those papers in rendering its decision on plaintiff's motion for preliminary injunction. (TEXT ONLY) (Krueger, M) (Entered: 04/30/2009)
702009-04-30 DeclarationDECLARATION of JEFF BRUCKER in SUPPORT OF 26 Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1)(Peterson, Glenn) (Entered: 04/30/2009)
712009-05-01 Motion HearingMINUTES (Text Only) for MOTION HEARING held before Judge Frank C. Damrell, Jr. held on 5/1/2009: The Court hears oral argument on Plaintiff's Motion for Preliminary Injunction 26 , and the Court takes the Motion UNDER SUBMISSION. The Court will issue a written order. Plaintiffs Counsel Mark Bettilyan, Glenn Peterson, and Jed Hansen present. Defendants Counsel Ramsey Al-Salam present. Court Reporter: Jill McLeod, Diamond Court Reporters. (Krueger, M) (Entered: 05/01/2009)
722009-05-06 OrderMEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr. on 05/06/09 re 26 Motion for Preliminary Injunction filed by CytoSport, Inc. ORDERING that VPX and its officers, agents, servants, employees and attorneys, and anyone acting in concert or participation with them, are PRELIMINARILY ENJOINED from marketing, selling, advertising, or promoting a liquid protein-based nutritional supplement: using the name MUSCLE POWER, from using any trademark confusingly similar to the MUSCLE MILK trademark in connection with any of the features detailed in the order; from using any name or mark other than MUSCLE POWER that is confusingly similar to the name MUSCLE MILK and from using trade dress that is confusingly similar to the trade dress associated with MUSCLE MILK as described in the order. Plaintiff shall post a corporate bond in the amount of $500,000.00 w/i 5 business days of the date of this order. (Benson, A.) (Entered: 05/06/2009)
732009-05-06 ObjectionsOBJECTION and RESPONSE by Defendant Vital Pharmaceuticals, Inc. to 70 Declaration. (Attachments: # 1 Declaration of Ramsey M. Al-Salam)(Al-Salam, Ramsey) Modified on 5/6/2009 (Kaminski, H). (Entered: 05/06/2009)
742009-05-07 Notice of AppealNOTICE of INTERLOCUTORY APPEAL by Vital Pharmaceuticals, Inc. as to 72 Order. (Al-Salam, Ramsey) Modified on 5/8/2009 (Kaminski, H). (Entered: 05/07/2009)
752009-05-07 Notice - OtherNOTICE of Filing Civil Appeals Docketing Statement by Vital Pharmaceuticals, Inc. re 74 Notice of Appeal. (Al-Salam, Ramsey) Modified on 5/8/2009 (Kaminski, H). (Entered: 05/07/2009)
772009-05-08 Appeal Processed to USCAAPPEAL PROCESSED to Ninth Circuit re 74 Notice of Appeal filed by Vital Pharmaceuticals, Inc.. Filed dates for Notice of Appeal *5/7/2009*, Complaint *11/4/2008* and Appealed Order / Judgment *5/6/2009*. Court Reporter: *Jill McLeod*. *Fee Status: Paid on 5/7/2009 in the amount of $455.00* ** (Attachments: # 1 Appeal Notice) (Kaminski, H) (Entered: 05/08/2009)
782009-05-12 Notice - OtherSURETY BOND in the amount of $500,000.00 received by attorney-in-fact Sheryl Smith/American Contractors Indemnity Company. (Carlos, K) (Entered: 05/12/2009)
792009-05-12 Notice - OtherNOTICE of Deposit of Corporate Bond Supporting Preliminary Injunction by CytoSport, Inc.. (Peterson, Glenn) (Entered: 05/12/2009)
802009-05-12 Motion to StayMOTION to STAY by Vital Pharmaceuticals, Inc.. Motion Hearing set for 6/9/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Al-Salam, Ramsey) (Entered: 05/12/2009)
812009-05-12 Notice - OtherNOTICE of Filing Under Seal by Vital Pharmaceuticals, Inc.. (Al-Salam, Ramsey) (Entered: 05/12/2009)
822009-05-13 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 5/13/2009: Defendant's Motion to Stay the Preliminary Injunction filed on May 12, 2009 was improperly noticed. The Court hears law and motion matters on specific Fridays of each month. Accordingly, the Court hereby RESETS Defendant's Motion to Stay the Preliminary Injunction 80 for Friday, June 12, 2009 at 10:00 a.m. in Courtroom #2 before Judge Frank C. Damrell, Jr. (TEXT ONLY) (Krueger, M) (Entered: 05/13/2009)
832009-05-13 Sealed EventSEALED EVENT (Streeter, J) (Entered: 05/13/2009)
842009-05-13 USCA Case NumberUSCA CASE NUMBER 09-15969 for 74 Notice of Appeal filed by defendant Vital Pharmaceuticals, Inc.. (Marciel, M) (Entered: 05/14/2009)
852009-05-18 Motion to Shorten TimeMOTION to SHORTEN TIME for Defendant's Motion to Stay Preliminary Injunction by Vital Pharmaceuticals, Inc.. (Attachments: # 1 Declaration of Amanda Beane, # 2 Proposed Order)(Al-Salam, Ramsey) (Entered: 05/18/2009)
862009-05-18 Opposition to MotionOPPOSITION by CytoSport, Inc.. (Hansen, Jed) (Entered: 05/18/2009)
872009-05-19 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 5/19/2009: The Court is in receipt of defendant's Motion to Shorten Time 85 , and plaintiff's opposition to the motion 86 . The Court hereby GRANTS defendant's Motion to Shorten Time and directs plaintiff to file an opposition to defendant's Motion to Stay by 12:00 PM on Wednesday, May 20, 2009. Defendant shall file their reply by 12:00 PM on Thursday, May 21, 2009. The Court will not hold a hearing. (TEXT ONLY) (Krueger, M) (Entered: 05/19/2009)
882009-05-20 Opposition to MotionOPPOSITION to dft's Motion to Stay Preliminary Injunction by CytoSport, Inc. (Hansen, Jed) Modified on 5/21/2009 (Carlos, K). (Entered: 05/20/2009)
892009-05-20 Notice - OtherNOTICE of Filing of Letter to Hon. Frank C. Damrell, Jr. by CytoSport, Inc.. (Peterson, Glenn) (Entered: 05/20/2009)
902009-05-21 Reply to Response to MotionREPLY by Vital Pharmaceuticals, Inc. to RESPONSE to 80 MOTION to STAY. (Al-Salam, Ramsey) (Entered: 05/21/2009)
912009-05-22 OrderMEMORANDUM AND ORDER signed by Judge Frank C. Damrell, Jr. on 5/22/2009 ORDERING Defendant's Motion to Stay 80 DENIED. (Krueger, M) (Entered: 05/22/2009)
922009-06-08 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by CytoSport, Inc. for attorney Peter de Jonge to appear Pro Hac Vice. (Peterson, Glenn) (Entered: 06/08/2009)
942009-06-10 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 6/9/09 adding attorney Peter M. de Jonge, PHV for CytoSport, Inc. (Engbretson, K.) (Entered: 06/10/2009)
952009-06-19 Status ReportJOINT STATUS REPORT by CytoSport, Inc.. (Hansen, Jed) (Entered: 06/19/2009)
962009-06-25 Scheduling OrderSTATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Frank C. Damrell, Jr on 6/25/09 ORDERING that all Discovery shall be completed by 4/6/2010. All Expert Discivery shall be completed by 6/10/2010. Disclosure of Expert Witness due by 4/20/10. Reports due by 5/10/10. All Dispositive Motions shall be heard no later than 8/20/2010. The Final Pretrial Conference is SET for 10/29/2010 at 02:00 PM. Jury Trial is SET for 1/25/2011 at 09:00 AM. (Mena-Sanchez, L) (Entered: 06/25/2009)
972009-09-23 Substitution of Attorney - ProposedSUBSTITUTION of ATTORNEY - PROPOSED, submitted by Vital Pharmaceuticals, Inc.. (Thurston, Adam) (Entered: 09/23/2009)
982009-09-25 Substitution of Attorney OrderORDER SUBSTITUTING ATTORNEY signed by Judge Frank C. Damrell, Jr on 9/24/09. Added attorney Adam Johnson Thurston for Vital Pharmaceuticals, Inc in place of Erica Stump, Gigi Chali Hoang and Samsey M. Al-Salam. (Duong, D) (Entered: 09/25/2009)
992009-10-14 USCA OrderMEMORANDUM of USCA as to 74 Notice of Appeal; Decision of District Court AFFIRMED. (Owen, K) (Entered: 10/14/2009)
1002009-10-21 Motion for Miscellaneous ReliefMOTION by Vital Pharmaceuticals, Inc.. Motion Hearing set for 1/15/2010 at 10:00 AM in Courtroom 2 (AWI) before Judge Frank C. Damrell Jr.. (Attachments: # 1 Memorandum of Points & Authorities in Support, # 2 Declaration of John H. Owoc, # 3 Declaration of Adam J. Thurston, # 4 Exhibit [Proposed] Amended Answer and Counterclaim)(Thurston, Adam) (Entered: 10/21/2009)
1012009-10-21 Proposed OrderPROPOSED ORDER Granting Leave to File Amended Answer & Counterclaim re 100 MOTION by Vital Pharmaceuticals, Inc.. (Thurston, Adam) (Entered: 10/21/2009)
1022009-10-30 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc. for attorney Kalina Pagano to appear Pro Hac Vice. (Thurston, Adam) (Entered: 10/30/2009)
1032009-10-30 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc. for attorney Shawn L. Michaelson to appear Pro Hac Vice. (Thurston, Adam) (Entered: 10/30/2009)
1062009-11-04 USCA JudgmentUSCA MANDATE as to 74 Notice of Appeal, the decision of District Court AFFIRMED. (Mena-Sanchez, L) (Entered: 11/04/2009)
1072009-11-04 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 11/3/2009 103 Attorney Shawn L. Michaelson, for Vital Pharmaceuticals, Inc. (Reader, L) (Entered: 11/04/2009)
1082009-11-04 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 11/3/2009 102 Attorney Kalina Pagano, for Vital Pharmaceuticals, Inc. (Reader, L) (Entered: 11/04/2009)
1092009-11-05 USCA OrderMANDATE of USCA as to 99 Memorandum affirming District Court's decision. Costs awarded to Appellee $320.30. (Owen, K) (Entered: 11/05/2009)
1102009-11-05 Costs TaxedUSCA #09-15969, BILL OF COSTS TAXED in amount of $ 320.30 against Vital Pharmaceuticals, Inc. (Reader, L) (Entered: 11/06/2009)
1112009-11-18 Bill of Costs SubmittedBILL of COSTS SUBMITTED by CytoSport, Inc.. (Attachments: # 1 Statement)(Hansen, Jed) (Entered: 11/18/2009)
1122009-12-02 ObjectionsOBJECTIONS by Defendant Vital Pharmaceuticals, Inc. to 111 Bill of Costs Submitted. (Thurston, Adam) (Entered: 12/02/2009)
1132009-12-04 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Amendment of Pleadings by Vital Pharmaceuticals, Inc. (Attachments: # 1 Amended Answer & Counterclaim, # 2 Third Amended Complaint, # 3 Proposed Order)(Thurston, Adam) Modified on 12/7/2009 (Kaminski, H). (Entered: 12/04/2009)
1142009-12-07 OrderORDER signed by Judge Frank C. Damrell, Jr on 12/7/2009 GRANTING STIPULATION and ORDERING that the Amended Answer, Affirmative Defenses, and Counterclaim,is deemed filed and served on the date of entry of this order; the Third Amended Complaint, is deemed filed and served on the date of entry of this order; the discovery cut-off date is hereby extended from April 10, 2010, to July 31, 2010; the Motion To Amend Answer And Affirmative Defenses To StateCounterclaims 100 is taken off calendar as moot; and the parties shall have 20 days from on the date of enry of this order to respond to the amended pleadings. (Krueger, M) (Entered: 12/07/2009)
1152009-12-07 Answer to Amended ComplaintAMENDED ANSWER and COUNTERCLAIM against CytoSport, Inc. by Vital Pharmaceuticals, Inc.(Krueger, M) (Entered: 12/07/2009)
1162009-12-07 Amended ComplaintTHIRD AMENDED COMPLAINT against Vital Pharmaceuticals, Inc. by CytoSport, Inc. (Krueger, M) (Entered: 12/07/2009)
1172009-12-11 Costs TaxedCOSTS TAXED in amount of $ $57.20 against Defendant. (Attachments: # 1 Minute Order) (Krueger, M) (Entered: 12/11/2009)
1182009-12-14 Notice of Change of AddressNOTICE of CHANGE of ADDRESS by Shawn L. Michaelson, PHV. (Michaelson, Shawn) (Entered: 12/14/2009)
1192009-12-18 Motion for Miscellaneous Relief(MOTION TERMED, Refer to 123 Amended Motion.) MOTION to Modify Stipulated Protective Order by Vital Pharmaceuticals, Inc.. (Attachments: # 1 Declaration of John H. Owoc, # 2 Declaration of Kalina Pagano, # 3 Declaration of Shawn L. Michaelson)(Michaelson, Shawn) Modified on 1/13/2010 (Kastilahn, A). (Entered: 12/18/2009)
1202009-12-22 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 12/22/2009: Pursuant to Local Rules 230(a) and (b), and 302(c)(1) defendant's Motion to Modify Stipulated Protective Order 119 is not a properly noticed motion. Counsel for defendant shall contact the Clerk for the assigned Magistrate for available law and motion dates, and file a Notice of Motion setting it before the Magistrate Judge. (TEXT ONLY) (Krueger, M) (Entered: 12/22/2009)
1212009-12-22 Answer to Amended ComplaintANSWER to AMENDED COMPLAINT, COUNTERCLAIM against CytoSport, Inc. by Vital Pharmaceuticals, Inc..(Michaelson, Shawn) Modified on 12/29/2009 (Engbretson, K.). (Entered: 12/22/2009)
1222009-12-28 Answer to CounterclaimCytoSport's ANSWER to COUNTERCLAIM filed by Vital Pharmaceuticals, Inc. by CytoSport, Inc..(Hansen, Jed) (Entered: 12/28/2009)
1232010-01-07 Motion for Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective Order by Vital Pharmaceuticals, Inc.(a Florida Corporation). Motion Hearing set for 2/18/2010 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Points and Authorities in Support of Amended Motion, # 2 Declaration of Kalina Pagano in Support of Amended Motion, # 3 Declaration of John Owoc in Support of Amended Motion, # 4 Proposed Order Granting Motion to Modify Stipulated ProtectiveOrder)(Thurston, Adam) (Entered: 01/07/2010)
1242010-01-13 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc.(a Florida Corporation) for attorney Victoria N. Godwin to appear Pro Hac Vice. (Thurston, Adam) (Entered: 01/13/2010)
1262010-01-13 Minute OrderMINUTE ORDER: re 123 Motion for Protective Order,, (Callen, V) (Entered: 01/13/2010)
1272010-01-14 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 1/13/2010: Added attorney Victoria Nicole Godwin, PHV, for Vital Pharmaceuticals, Inc. (Suttles, J) (Entered: 01/14/2010)
1282010-02-11 Opposition to MotionOPPOSITION by CytoSport, Inc. to 123 AMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective Order. (Hansen, Jed) (Entered: 02/11/2010)
1292010-02-11 DeclarationDECLARATION of Jed H. Hansen in OPPOSITION TO 123 AMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective Order. (Attachments: # 1 Exhibit)(Hansen, Jed) (Entered: 02/11/2010)
1302010-02-18 ReplyREPLY by Vital Pharmaceuticals, Inc.(a Florida Corporation) re 119 Motion to Modify Stipulated Protective Order. (Thurston, Adam) Modified on 3/3/2010 (Engbretson, K.). (Entered: 02/18/2010)
1312010-02-25 Motion HearingMINUTES (Text Only) for proceedings held before Magistrate Judge Gregory G. Hollows: MOTION HEARING held on 2/25/2010 re 123 AMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective OrderAMENDED MOTION for PROTECTIVE ORDER amending 119 MOTION to Modify Stipulated Protective Order filed by Vital Pharmaceuticals, Inc. The motion is submitted and the court will issue an order. Plaintiffs Counsel Jed H. Hansen and Makr Bettilyon present. Defendants Counsel Adam J. Thurston present. Court Reporter/CD Number: 1 of 1. (Callen, V) (Entered: 02/25/2010)
1322010-03-02 Order on Motion for Protective OrderORDER denying 123 Motion for Protective Order signed by Magistrate Judge Gregory G. Hollows on 03/02/2010. (Hollows, Gregory) (Entered: 03/02/2010)
1332010-03-16 Notice - OtherNOTICE of Compliance with 132 Court's Order dated March 2, 2010 by CytoSport, Inc. (Hansen, Jed) (Entered: 03/16/2010)
1342010-03-19 Motion for ReconsiderationMOTION for RECONSIDERATION of 132 Order on Motion for Protective Order by Vital Pharmaceuticals, Inc.(Thurston, Adam) Modified on 3/29/2010 (Benson, A.). (Entered: 03/19/2010)
1352010-03-22 Minute OrderMINUTE ORDER by CRD M. Krueger for for Judge Frank C. Damrell, Jr on 3/22/2010: Defendant's Request/Motion for Reconsideration of the Magistrate Judge's Ruling on Amended Motion to Modify Protective Order 134 is hereby SET for Hearing on May 7, 2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (TEXT ONLY) (Krueger, M) (Entered: 03/22/2010)
1362010-03-29 Opposition to MotionOPPOSITION by CytoSport, Inc. to 134 Motion for Reconsideration. (Straight, Samuel) Modified on 3/29/2010 (Benson, A.). (Entered: 03/29/2010)
1372010-03-29 Notice of Filing / Lodging Document in PaperNOTICE OF FILING / LODGING DOCUMENT IN PAPER by CytoSport, Inc.: Declaration of Samuel C. Straight in Support of CytoSport's Opposition to VPX's Request for Reconsideration Filed Under Seal. (Straight, Samuel) (Entered: 03/29/2010)
1382010-03-30 Sealed EventSEALED EVENT (Benson, A.) (Entered: 04/13/2010)
1392010-04-19 ReplyREPLY by Vital Pharmaceuticals, Inc.(a Florida Corporation) re 134 Motion for Reconsideration. (Thurston, Adam) (Entered: 04/19/2010)
1402010-04-19 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modification of Status (Pretrial Scheduling) Order by Vital Pharmaceuticals, Inc.(a Florida Corporation). (Attachments: # 1 Proposed Order Continuing Dates)(Thurston, Adam) (Entered: 04/19/2010)
1412010-04-20 Scheduling OrderSCHEDULING ORDER signed by Judge Frank C. Damrell, Jr on 04/19/10: Discovery due by 11/1/2010. Designation of Expert Witnesses due by 7/20/2010. Initial Expert Reports due by 08/10/10. Expert Discovery Cut-Off due by 09/10/10. Dispositive Motions filed by 12/3/2010, Final Pretrial Conference set for 2/4/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 4/26/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Williams, D) (Entered: 04/20/2010)
1422010-05-03 Minute OrderMINUTE ORDER by CRD M. Krueger for Judge Frank C. Damrell, Jr on 5/3/2010: Defendant's Motion for Reconsideration 134 is hereby SUBMITTED without oral argument. The hearing set for May 7, 2010 is VACATED. The Court will issue a written order. (TEXT ONLY) (Krueger, M) (Entered: 05/03/2010)
1432010-05-10 Order on Motion for ReconsiderationORDER denying 134 Motion for Reconsideration signed by Judge Frank C. Damrell, Jr on 5/10/10. (Waggoner, D) (Entered: 05/10/2010)
1442010-06-23 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER to modify 141 Status (Pre-Trial Scheduling) Order by CytoSport, Inc.. (Attachments: # 1 Proposed Order) (Hansen, Jed) Modified on 6/24/2010 (Marciel, M). (Entered: 06/23/2010)
1452010-06-24 Stipulation and OrderSTIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 06/24/10 MODIFYING Pretrial Scheduling Order. (Williams, D) (Entered: 06/24/2010)
1462010-07-16 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modification of Status (Pretrial) Scheduling Order by CytoSport, Inc.. (Attachments: # 1 Proposed Order)(Peterson, Glenn) (Entered: 07/16/2010)
1472010-07-19 OrderORDER signed by Judge Frank C. Damrell, Jr on 7/16/2010 GRANTING 146 Stipulation and Proposed Order; Disclosure of Identity of Experts due by 8/10/2010; Disclosure of Rule 26(a)(2)(B) Expert Reports due by 9/10/10, and Disclosure of Rebuttal Expert Reports due by 10/10/10. (Matson, R) (Entered: 07/19/2010)
1482010-08-11 Notice of AppearanceNOTICE of APPEARANCE by George Charles Nierlich, III on behalf of CytoSport, Inc.. Attorney Nierlich, George Charles added. (Nierlich, George) (Entered: 08/11/2010)
1492010-08-12 Motion for Extension of TimeSTIPULATION and PROPOSED ORDER for Extension of Time for Expert Deadlines by CytoSport, Inc. (Attachments: # 1 Proposed Order)(Straight, Samuel) Modified on 8/13/2010 (Krueger, M). (Entered: 08/12/2010)
1502010-08-13 OrderORDER signed by Judge Frank C. Damrell, Jr., on 8/13/10 GRANTING 149 Stipulation and Proposed Order; Disclosure of Identify of Experts due BY 9/10/2010; Disclosure of Rule 26(a)(2)(B) Expert Reports due BY 9/17/10, Disclosure of Rebuttal Expert Reports due BY 10/10/10, Expert Discovery Cut-Off due BY 11/1/10 and Discovery Cut-Off DUE by 11/1/10. (Kastilahn, A) (Entered: 08/13/2010)
1512010-09-07 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modifying 150 Pretrial Dates by CytoSport, Inc. Attorney Jessen, Joshua Aaron added. (Attachments: # 1 Proposed Order)(Jessen, Joshua) Modified on 9/8/2010 (Duong, D). (Entered: 09/07/2010)
1522010-09-07 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Deposition Scheduling by CytoSport, Inc. (Attachments: # 1 Proposed Order)(Jessen, Joshua) Modified on 9/8/2010 (Duong, D). (Entered: 09/07/2010)
1532010-09-08 OrderORDER signed by Judge Frank C. Damrell, Jr on 9/8/10 ORDERING CytoSport shall take the Rule 30(b)(6) deposition of VPX (Jack Owoc) on 9/10/10 starting at 9:00 am in Ft. Lauderdale, Florida; VPX shall take the Rule 30(b)(6) deposition of CytoSport (Bobbie White) on 9/13/10, starting at 10:00 am in San Francisco, California; CytoSport shall take the deposition of Mark McLeod on 9/158/10, starting at 9:00 am in Ft. Lauderdale, Florida;CytoSport shall take the deposition of Omar Santamaria on 9/15/10, s tarting at 1:00 pm in Ft. Lauderdale, Florida. (Carlos, K) (Entered: 09/08/2010)
1542010-09-10 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modifying Pretrial Dates re 150 Order, Set/Reset Deadlines and Hearings,, by CytoSport, Inc.. (Attachments: # 1 Proposed Order Proposed Order)(Jessen, Joshua) (Entered: 09/10/2010)
1552010-09-13 OrderORDER signed by Judge Frank C. Damrell, Jr on 9/13/2010 re 154 ORDERING that Disclosure of Identity of Expert ddl 11/1/10; Designation of Expert Witnesses ddl 11/8/2010; Disclosure of Rebuttal Expert Report ddl 12/8/10; Discovery ddl 12/23/2010; Dispositive Motions Hearing ddl 2/11/2011. Final Pretrial Conference set for 4/8/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Trial set for 6/14/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Duong, D) (Entered: 09/13/2010)
1562010-10-27 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for MODIFYING PRETRIAL DATES re 155 Order,,, Set/Reset Deadlines and Hearings,, by CytoSport, Inc.. (Attachments: # 1 Proposed Order Proposed Order)(Jessen, Joshua) (Entered: 10/27/2010)
1572010-10-28 OrderORDER MODIFYING PRETRIAL DATES signed by Judge Frank C. Damrell, Jr. on 10/28/2010 ORDERING that Disclosure of Identity of Experts due 11/22/10; Disclosure of Rule 26(a)(2)(B) Initial Expert Reports due 11/29/10; Disclosure of Rebuttal Expert Reports due 12/29/10; Expert Discovery Cut-Off 1/13/11; Discovery Cut-Off 1/13/11; Dispositive Motion Hearing Cut-Off 2/11/11; Final Pretrial Conf. 4/8/11 at 2:00 p.m. ; Trial 6/14/11 at 9:00 a.m. (Zignago, K.) (Entered: 10/28/2010)
1582010-10-28 Notice of AppearanceNOTICE of APPEARANCE by Sheldon Eisenberg on behalf of Vital Pharmaceuticals, Inc.. Attorney Eisenberg, Sheldon added. (Eisenberg, Sheldon) (Entered: 10/28/2010)
1592010-10-29 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc. for attorney Luis Ugaz to appear Pro Hac Vice. (Eisenberg, Sheldon) (Entered: 10/29/2010)
1612010-11-05 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 11/05/10 ORDERING that the 159 Pro Hac Vice Application is GRANTED; attorney Luis Ugaz, PHV ADDED for Vital Pharmaceuticals, Inc. (Benson, A.) (Entered: 11/05/2010)
1622010-11-12 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modifying Pretrial Dates Pending Document Production and Settlement Conference re 157 Order, by CytoSport, Inc.. (Attachments: # 1 Proposed Order)(Jessen, Joshua) Modified on 11/15/2010 (Matson, R). (Entered: 11/12/2010)
1632010-11-15 OrderORDER MODIFYING PRETRIAL DATES signed by Judge Frank C. Damrell, Jr on 11/15/10 ORDERING Disclosure of Experts due by 2/15/2011; Disclosure of Rule 26(a) Inital Reports due by 2/22/11; Disclosure of Rebuttal Experts due 3/29/11; Expert Discovery due 4/15/11; Discovery cutoff 4/15/2011; Dispositive Motion hearing cuttoff set for 5/27/2011, Final Pretrial Conference re-set for 7/22/2011 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.., Jury Trial set for 9/27/2011 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Carlos, K) (Entered: 11/15/2010)
1642010-12-03 RequestREQUEST for Approval of Substitution of Attorney by Vital Pharmaceuticals, Inc.. (Thurston, Adam) (Entered: 12/03/2010)
1652010-12-06 Substitution of Attorney OrderORDER SUBSTITUTING ATTORNEY signed by Judge Frank C. Damrell, Jr on 12/6/2010. The Law Firm Drinker Biddle & Reath LLP, as attorney of record, in place and stead of Eisenberg Raizman Thurston & Wong LLP.(Duong, D) (Entered: 12/06/2010)
1662010-12-07 Notice - OtherNOTICE of Unavailability of Counsel Victoria N. Godwin by Vital Pharmaceuticals, Inc.(a Florida Corporation). (Godwin, Victoria) (Entered: 12/07/2010)
1672011-02-11 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER modifying 163 Pretrial dates pending document production and fact depositions by CytoSport, Inc.. (Attachments: # 1 Proposed Order) (Jessen, Joshua) Modified on 2/14/2011 (Zignago, K.). (Entered: 02/11/2011)
1682011-02-14 OrderSTIPULATION and ORDER 167 modifying Pretrial dates signed by Judge Frank C. Damrell, Jr. on 2/14/2011. Designation of Expert Witnesses is now due 7/22/2011. Initial Disclosure Reports shall be submitted by 7/29/2011 and Rebuttal Expert Reports by 9/9/2011. Discovery shall be tendered by 9/30/2011. Dispositive Motions is due 11/18/2011. Final Pretrial Conference is RE-SET for 1/13/2012 at 1:30 PM and Jury Trial has been RE-SCHEDULED for 3/13/2012 at 9:00 AM in Courtroom 2 (FCD). (Marciel, M) (Entered: 02/14/2011)
1692011-07-08 Substitution of Attorney - ProposedSUBSTITUTION of ATTORNEY - PROPOSED, submitted by Vital Pharmaceuticals, Inc.. (Hanlon, James) (Entered: 07/08/2011)
1702011-07-11 Substitution of Attorney OrderORDER signed by Judge Frank C. Damrell, Jr on 7/11/11 SUBSTITUTING ATTORNEYS Andrew Thomas Mortl and James M. Hanlon, Jr for Vital Pharmaceuticals, Inc. Attorneys Sheldon Eisenberg and Adam Johnson Thurston terminated. (Matson, R) (Entered: 07/11/2011)
1712011-07-20 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modifying Pretrial Dates re 168 Order, Set/Reset Deadlines and Hearings. (Attachments: # 1 Proposed Order)(Jessen, Joshua) Modified on 7/21/2011 (Michel, G). (Entered: 07/20/2011)
1722011-07-22 Stipulation and OrderSTIPULATION and ORDER signed by Judge Frank C. Damrell, Jr. on 7/21/2011; Fact Discovery due by 11/14/2011, Designation of Expert Witnesses due by 12/9/2011, Expert Discovery due by 3/23/2012, Dispositive Motion Hearings cut-off on 6/1/2012, Final Pretrial Conference set for 8/3/2012 at 01:30 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr., Jury Trial set for 10/16/2012 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Michel, G) (Entered: 07/22/2011)
1732011-07-27 Notice - OtherNOTICE of Change in Counsel by Vital Pharmaceuticals, Inc. Luis Ugaz terminated. (Mortl, Andrew) Modified on 7/28/2011 (Michel, G). (Entered: 07/27/2011)
1742011-08-18 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Vital Pharmaceuticals, Inc.(a Florida Corporation) for attorney April E. Rolle to appear Pro Hac Vice. (Mortl, Andrew) (Entered: 08/18/2011)
1752011-08-22 Pro Hac Vice OrderPRO HAC VICE ORDER re 174 Pro Hac Vice Application, signed by Judge Frank C. Damrell, Jr., on 8/19/11. Added Attorney April E. Rolle, PHV for Vital Pharmaceuticals, Inc. (Kastilahn, A) (Entered: 08/22/2011)
1762011-08-31 Order Reassigning JudgeORDER by Chief Judge Anthony W. Ishii: Due to the retirement of Senior Judge *Frank C. Damrell, Jr.,* this action is reassigned to *Judge John A. Mendez* for all further proceedings. (Waggoner, D) (Entered: 08/31/2011)
1772011-09-06 Scheduling OrderAMENDED STATUS (PRE-TRIAL SCHEDULING) ORDER signed by Judge John A. Mendez on 9/2/2011 ORDERING that all dispositive motions shall be filed by 5/9/2012. All discovery shall be completed by 3/23/2012. The parties shall make expert disclosures by 12/9/2011. The Final Pretrial Conference is set for 8/3/2012 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial is set for 10/15/2012 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Zignago, K.) (Entered: 09/06/2011)
1782011-11-21 Substitution of Attorney - ProposedSUBSTITUTION of ATTORNEY - PROPOSED, submitted by Vital Pharmaceuticals, Inc.(a Florida Corporation). (Mortl, Andrew) (Entered: 11/21/2011)
1792011-11-22 Substitution of Attorney OrderORDER SUBSTITUTING ATTORNEY signed by Judge John A. Mendez on 11/21/11 ORDERING that Attorneys Andrew T. Mortl and James M. Hanlon, Jr. withdraw as counsel of record for Defendant and Cross-Claimant Vital Pharmaceuticals, Inc. and King Parret & Dorste LLP, by attorney Alan J. Droste substitutes in as counsel of record for Defendant and Cross-Claimant Vital Pharmaceuticals. (Mena-Sanchez, L) (Entered: 11/22/2011)
1802012-03-01 Motion for Discovery(WITHDRAWN pursuant to 186 ) MOTION for DISCOVERY re CytoSports' AEO Designations pursuant to Protective Order by Vital Pharmaceuticals, Inc.. Motion Hearing set for 3/22/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Declaration of Alan J. Droste, # 2 Declaration of Kalina Pagano, # 3 Declaration of Victoria Godwin)(Droste, Alan)L). Modified on 4/17/2012 (Meuleman, A). (Entered: 03/01/2012)
1812012-03-09 Status ReportJOINT MID-LITIGATION STATEMENT by CytoSport, Inc.. (Jessen, Joshua) Modified on 3/13/2012 (Marciel, M). (Entered: 03/09/2012)
1822012-03-14 Notice to Reschedule Hearing on MotionNOTICE to RESCHEDULE HEARING on 180 MOTION for DISCOVERY re CytoSports' AEO Designations pursuant to Protective Order : Motion Hearing set for 4/12/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Droste, Alan) (Entered: 03/14/2012)
1832012-03-15 Pro Hac Vice Application and Proposed OrderPRO HAC VICE APPLICATION and PROPOSED ORDER submitted by CytoSport, Inc. for attorney Howard S. Hogan to appear Pro Hac Vice. (Jessen, Joshua) (Entered: 03/15/2012)
1842012-03-16 Pro Hac Vice OrderPRO HAC VICE ORDER signed by Judge John A. Mendez on 3/15/12. Added attorney Howard S. Hogan, PHV for CytoSport, Inc., (Mena-Sanchez, L) (Entered: 03/16/2012)
1852012-04-04 Notice to Reschedule Hearing on MotionNOTICE to RESCHEDULE HEARING on 180 MOTION for DISCOVERY; Motion Hearing set for 4/26/2012 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Droste, Alan) Modified on 4/9/2012 (Mena-Sanchez, L). (Entered: 04/04/2012)
1862012-04-17 Withdrawal of MotionWITHDRAWAL of 180 MOTION for DISCOVERY by Vital Pharmaceuticals, Inc.(a Florida Corporation). (Droste, Alan) (Entered: 04/17/2012)
1872012-05-03 Stipulation and Proposed OrderSTIPULATION and PROPOSED ORDER for Modifying Pretrial Dates re 177 Scheduling Order, by CytoSport, Inc.. (Attachments: # 1 Proposed Order)(Jessen, Joshua) (Entered: 05/03/2012)
1882012-05-04 OrderORDER signed by Judge John A. Mendez on 5/3/12 ORDERING that the existing pretrial deadlines are modified as follows: Depositions Completed 6/8/12, Dispositive Motion Filing Deadline 6/12/12, Oppositions to Dispositive Motions Due 6/26/12, Replies in Support of Dispositive Motions Due 7/3/12, Dispositive Motion Hearing Date 7/11/12 at 9:30 a.m., Joint Pretrial Statement Due 8/24/12, Final Pretrial Conference set for 8/31/2012 at 11:00 a.m., and Trial set for 10/15/12 at 9:00 a.m.. (Kastilahn, A) (Entered: 05/04/2012)
1892012-05-11 Notice - OtherNOTICE of Subpoena by Vital Pharmaceuticals, Inc.. (Godwin, Victoria) (Entered: 05/11/2012)
1902012-05-18 Notice - OtherNOTICE OF SUBPOENA by Vital Pharmaceuticals, Inc.. (Godwin, Victoria) (Entered: 05/18/2012)
1912012-06-08 Stipulation and Proposed OrderSTIPULATION for Modifying Pretrial Dates by CytoSport, Inc. (Attachments: # 1 PROPOSED ORDER)(Jessen, Joshua) (Entered: 06/08/2012)
1922012-06-11 Scheduling OrderORDER MODIFYING PRETRIAL DATES signed by Judge John A. Mendez on 6/8/12: Dispositive Motions filed by 7/11/2012. Joint Pretrial Statement due 9/7/12. Final Pretrial Conference set for 9/14/2012 at 11:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. Jury Trial set for 10/15/2012 at 09:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Manzer, C) (Entered: 06/11/2012)
1932012-07-11 Motion for Summary JudgmentMOTION for SUMMARY JUDGMENT on VPX's Counterclaims by CytoSport, Inc. Motion Hearing set for 08/08/12 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Statement of Undisputed Facts, # 2 Declaration of G. Charles Nierlich, # 3 Exhibits A-E to Nierlich Declaration, # 4 Exhibits F-I to Nierlich Declaration, # 5 Exhibits J-L to Nierlich Declaration, # 6 Exhibits M-Q to Nierlich Declaration, # 7 Declaration of Kent D. Van Liere, # 8 Exhibit A to Van Liere Declaration, # 9 Exhibit B to Van Liere Declaration, # 10 Declaration of Roberta White, # 11 Exhibit to White Declaration, # 12 Declaration of Peter Weinberg, # 13 Exhibit to Weinberg Declaration)(Nierlich, George) (Entered: 07/11/2012)
1942012-07-11 Motion for Miscellaneous ReliefMOTION TO EXCLUDE the Survey, Report, and Testimony of Gabriel Gelb Under FRE 702 and 403 by CytoSport, Inc. Motion Hearing set for 08/08/12 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Nierlich, George) (Entered: 07/11/2012)
1952012-07-11 Motion for Summary JudgmentMOTION for SUMMARY JUDGMENT on its fifth, sixth, seventh and eighth causes of action by CytoSport, Inc. Motion Hearing set for 08/08/12 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Attachments: # 1 Statement of Facts, # 2 Declaration of Joshua A. Jessen, # 3 Exhibits A-E, # 4 Exhibits F-J, # 5 Exhibits K-O, # 6 Exhibits P-S, # 7 Exhibits T-X, # 8 Declaration of Roberta White, # 9 Exhibit, # 10 Declaration of Hal Poret, # 11 Exhibits A-1 to A-2, # 12 Exhibit A-3, # 13 Exhibit B, # 14 Declaration of Peter Weinberg, # 15 Exhibit)(Jessen, Joshua) (Entered: 07/11/2012)
1962012-07-12 Motion for Miscellaneous ReliefMOTION TO EXCLUDE Expert Testimony by CytoSport, Inc. Motion Hearing set for 08/08/12 at 09:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Jessen, Joshua) (Entered: 07/12/2012)
1972012-07-12 Notice - OtherNOTICE of Lodging of Deposition Transcripts by CytoSport, Inc.. (Jessen, Joshua) (Entered: 07/12/2012)
1982012-07-17 Notice - OtherNOTICE of Errata by CytoSport, Inc re Exhibit S to the Declaration of Joshua A. Jessen in Support of 195 Motion for Summary Judgment. (Attachments: # 1 Exhibit 1)(Jessen, Joshua) Modified on 7/17/2012 (Kaminski, H). (Entered: 07/17/2012)
1992012-07-25 Opposition to MotionOPPOSITION by Vital Pharmaceuticals, Inc. (a Florida Corporation) to 193 Motion for Summary Judgment. (Attachments: # 1 Declaration of Alan Droste, # 2 Request for Judicial Notice (Part 1), # 3 Part 2 of Request, # 4 Part 3, # 5 Part 4, # 6 Part 5, # 7 Part 6, # 8 Part 7, # 9 Part 8, # 10 Part 9, # 11 Declaration of John Owoc, # 12 Declaration of Gabriel Gelb, # 13 Declaration of Creighton Hoffman, # 14 Separate Statement, # 15 Evidentiary Objections) (Godwin, Victoria) Modified on 7/26/2012 (Marciel, M) (Entered: 07/25/2012)
2002012-07-25 Opposition to MotionOPPOSITION by Vital Pharmaceuticals, Inc. (a Florida Corporation) to 194 Motion to Exclude the Survey Report and Testimony of Gabriel Gelb. (Godwin, Victoria) Modified on 7/26/2012 (Marciel, M) (Entered: 07/25/2012)
2012012-07-25 Opposition to MotionOPPOSITION by Vital Pharmaceuticals, Inc. to 195 Motion for Summary Judgment. (Attachments: # 1 Declaration of Oldemar Santamaria, # 2 Declaration of Mark McLeod, # 3 Declaration of Robert Klein, # 4 Separate Statement) (Godwin, Victoria) Modified on 7/26/2012 (Marciel, M) (Entered: 07/25/2012)
2022012-07-25 Opposition to MotionOPPOSITION by Vital Pharmaceuticals, Inc. to 196 Motion to Exclude Expert Testimony. (Godwin, Victoria) (Entered: 07/25/2012)
2032012-07-25 Motion to StayMOTION to STAY proceedings pending FDA Ruling or, in alternative, to specially set hearing date by Vital Pharmaceuticals, Inc.. Motion Hearing set for 8/8/2012 at 9:30 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Godwin, Victoria) Modified on 7/26/2012 (Marciel, M) (Entered: 07/25/2012)
2042012-07-26 Minute OrderMINUTE ORDER: Defendant/Counter-Claimant Vital Pharmaceuticals filed an Emergency Motion to Stay Proceedings Pending FDA Ruling 203 . Plaintiff/Counter-Defendant CystoSport is ordered to file a response no longer than 5 pages no later than 5:00PM on July 30, 2012. No party is permitted to file a reply brief. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) (Entered: 07/26/2012)
2052012-07-26 Notice of Filing / Lodging Document in PaperNOTICE of LODGING DOCUMENT IN PAPER by Vital Pharmaceuticals, Inc.: Deposition Transcript of Kent Van Liere. (Godwin, Victoria) Modified on 7/27/2012 (Marciel, M) (Entered: 07/26/2012)
2062012-07-26 Notice - OtherNOTICE of Filing Sealed Documents by Vital Pharmaceuticals, Inc. pursuant to 43 Protective Order. (Godwin, Victoria) Modified on 7/27/2012 (Marciel, M) (Entered: 07/26/2012)
2072012-07-30 Opposition to MotionOPPOSITION by CytoSport, Inc. to 203 Motion to Stay proceedings pending FDA Ruling or, in the alternative, to specially set hearing date. (Attachments: # 1 Declaration of Roberta White, # 2 Declaration of Dennis M. Gronek, # 3 Declaration of G. Charles Nierlich)(Nierlich, George) (Entered: 07/30/2012)
2082012-07-31 Minute OrderMINUTE ORDER: The Court finds that a reply brief from Defendant/Counter-Claimant Vital Pharmaceuticals to Plaintiff/Counter-Defendant CytoSport, Inc.s response 207 will assist the Court, and leave is given for Vital to file a reply brief not exceeding 5 pages by 12:00PM on August 3, 2012. The Court will not issue a decision on the Motion for Emergency stay prior to the hearing set for August 8, 2012 on CytoSports Motions for Summary Judgment, and all parties are to appear for that hearing. IT IS SO ORDERED. (TEXT ENTRY ONLY) (Vine, H) (Entered: 07/31/2012)
2092012-08-01 ReplyREPLY by CytoSport, Inc. re 193 Motion for Summary Judgment. (Attachments: # 1 Reply Declaration of G. Charles Nierlich, # 2 Exhibit A-C to Reply Nierlich Declaration)(Nierlich, George) (Entered: 08/01/2012)
2102012-08-01 ReplyREPLY by CytoSport, Inc. re 194 Motion to Exclude. (Nierlich, George) (Entered: 08/01/2012)
2112012-08-01 ReplyREPLY by CytoSport, Inc. re 195 Motion for Summary Judgment. (Attachments: # 1 Reply Declaration of Peter F. Weinberg, # 2 Exhibit A-F to Reply Weinberg Declaration, # 3 Exhibit G-J to Reply Weinberg Declaration, # 4 Reply Declaration of Joshua A. Jessen, # 5 Exhibit A to Reply Jessen Declaration)(Jessen, Joshua) (Entered: 08/01/2012)
2122012-08-01 ReplyREPLY by CytoSport, Inc. re 196 Motion to Exclude Expert Testimony. (Jessen, Joshua) (Entered: 08/01/2012)
2132012-08-03 ReplyREPLY by Vital Pharmaceuticals, Inc. re 207 Opposition to Motion, 203 Motion to Stay proceedings pending FDA Ruling or, in the alternative, to specially set hearing date. (Godwin, Victoria) (Entered: 08/03/2012)
2142012-08-08 Motion HearingMINUTES (Text Only) for proceedings held before Judge John A. Mendez: MOTION HEARING held on 8/8/2012 re 194 Motion to Exclude filed by CytoSport, Inc., 195 Motion for Summary Judgment filed by CytoSport, Inc., 193 Motion for Summary Judgment filed by CytoSport, Inc., 196 Motion to Exclude Expert Testimony filed by CytoSport, Inc., 203 Motion to Stay proceedings pending FDA Ruling or, in the alternative, to specially set hearing date filed by Vital Pharmaceuticals, Inc., After hearing, the motions were submitted. The Court ordered further briefing due on 8/15/2012. Reply briefs due 8/20/2012.Plaintiffs Counsel C. Nierlich; H. Hogan present. Defendants Counsel A. Droste present. Court Reporter: K. Bennett. (Vine, H) (Entered: 08/08/2012)
2152012-08-10 TranscriptTRANSCRIPT of Proceedings held on 8/8/12, before Judge John A. Mendez, filed by Court Reporter Kimberly Bennett, Phone number 916-442-8420 E-mail [email protected] Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 8/31/2012. Redacted Transcript Deadline set for 9/10/2012. Release of Transcript Restriction set for 11/8/2012. (Bennett, K) (Entered: 08/10/2012)
2162012-08-15 Memorandum in Support of MotionSUPPLEMENTAL BRIEF by CytoSport, Inc. in SUPPORT of 193 Motion for Summary Judgment. (Nierlich, George) Modified on 8/16/2012 (Mena-Sanchez, L). (Entered: 08/15/2012)
2172012-08-15 MemorandumSUPPLEMENTAL BRIEF by Vital Pharmaceuticals, Inc. in SUPPORT of MOTION TO STAY and in OPPOSITION to 193 Motion for Summary Judgment filed by CytoSport, Inc. (Attachments: # 1 Declaration of Kalina Pagano)(Godwin, Victoria) Modified on 8/16/2012 (Mena-Sanchez, L). (Entered: 08/15/2012)
2182012-08-15 MemorandumSUPPLEMENTAL BRIEF by Vital Pharmaceuticals, Inc. in OPPOSITION TO 193 Motion for Summary Judgment filed by CytoSport, Inc. (Godwin, Victoria) Modified on 8/16/2012 (Mena-Sanchez, L). (Entered: 08/15/2012)
2192012-08-15 Memorandum in Support of MotionSUPPLEMENTAL BRIEF by CytoSport, Inc. in SUPPORT of 195 Motion for Summary Judgment, 193 Motion for Summary Judgment. (Nierlich, George) Modified on 8/16/2012 (Mena-Sanchez, L). (Entered: 08/15/2012)
2202012-08-20 ResponseRESPONSE BRIEF by CytoSport, Inc. on the 6/29/11 FDA warning letter . (Nierlich, George) Modified on 8/22/2012 (Becknal, R). (Entered: 08/20/2012)
2212012-08-20 ResponseRESPONSE by Vital Pharmaceuticals, Inc. to 219 Memorandum in Support of Motion. (Godwin, Victoria) (Entered: 08/20/2012)
2222012-08-31 Minute OrderMINUTE ORDER: The parties are advised that the time for the Pretrial Conference set for 9/14/2012 has been changed to 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. The parties are further reminded that the joint pretrial statement is due on or before September 7, 2012. In addition to e-filing this document, the document, including any exhibits, is to be e-mailed in word or wpd format to the Court's judicial assistant, Ms. Jane Klingelhoets at: [email protected] (TEXT ENTRY ONLY) (Vine, H) (Entered: 08/31/2012)
2232012-09-06 Order on Motion for Summary JudgmentORDER signed by Judge John A. Mendez on 9/6/2012 GRANTING CytoSport's 193 Motion for Summary Judgment on VPX's Counter-Claims; DENYING CytoSport's 195 Motion for Summary Judgment on Claims 5 through 8; GRANTING CytoSport's 194 Motion to Exclude the Testimony of Gabriel Gelb; DENYING CytoSport's 196 Motion to Exclude the Testimony of Robert Klein; DENYING VPX's 203 Motion for Emergency Stay. (Michel, G) (Entered: 09/06/2012)
2242012-09-07 Pretrial StatementPRETRIAL STATEMENT by Plaintiff CytoSport, Inc.. (Attachments: # 1 Exhibit A (Cytosport's Witness List), # 2 Exhibit B (VPX's Witness List), # 3 Exhibit C (CytoSport's Exhibit List), # 4 Exhibit D (VPX's Exhibit List))(Nierlich, George) (Entered: 09/07/2012)
2252012-09-10 ObjectionsOBJECTIONS by Defendant Vital Pharmaceuticals, Inc. to 224 Pretrial Statement,. (Godwin, Victoria) (Entered: 09/10/2012)
2262012-09-10 Amended DocumentAMENDED DOCUMENT by CytoSport, Inc.: Amended 224 Pretrial Statement,. (Attachments: # 1 Exhibit A (CytoSport's Witness List), # 2 Exhibit B (VPX's Witness List), # 3 Exhibit C (CytoSport's Exhibit List), # 4 Exhibit D (VPX's Exhibit List))(Nierlich, George) (Entered: 09/10/2012)
2272012-09-13 Notice - OtherNOTICE of Continuance of Pretrial Conference by CytoSport, Inc.. (Jessen, Joshua) (Entered: 09/13/2012)
2282012-09-20 Notice - OtherNOTICE of CONTINUANCE for Pretrial Conference by CytoSport, Inc.. (Jessen, Joshua) Modified on 9/24/2012 (Marciel, M) (Entered: 09/20/2012)
2292012-09-24 Notice of HearingNOTICE of HEARING: pursuant to 228 Request, Pretrial Conference is CONTINUED to 9/28/2012 at 10:00 AM in Courtroom 6 (JAM) before Judge John A. Mendez. (Marciel, M) (Entered: 09/24/2012)
2302012-09-27 Stipulation of Dismissal - ATYAGREED STIPULATION of DISMISSAL and [Proposed] Order of Dismissal by CytoSport, Inc.. (Nierlich, George) Modified on 9/28/2012 (Matson, R). (Entered: 09/27/2012)
2312012-09-28 Order Dismissing CaseSTIPULATION and ORDER DISMISSING CASE signed by Judge John A. Mendez on 9/28/12. Any and all motions that remain pending on the docket for this action are hereby denied as moot. CASE CLOSED. (Manzer, C) (Entered: 09/28/2012)