Free Order Returning Sealed Documents - District Court of Delaware - Delaware

Case 1:05-cv-00069-GMS

Document 60-3

Filed 08/17/2007

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CLOSED

By Larisha Davis at 11:30 am, Jun 26, 2007

U.S. District Court District of Delaware (Wilmington) CIVIL DOCKET FOR CASE #: 1:05-cv-00069-GMS Internal Use Only

McNeil Nutritionals v. Sugar Association, et al Assigned to: Honorable Gregory M. Sleet Demand: $0 Cause: 15:1051 Trademark Infringement Plaintiff McNeil Nutritionals LLC

Date Filed: 02/08/2005 Date Terminated: 03/29/2006 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question

represented by John G. Day Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven J. Balick Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19899 (302) 654-1888 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED

V. Defendant The Sugar Association represented by Charles D. Tobin Pro Hac Vice Email: [email protected] ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio Potter Anderson & Corroon, LLP 1313 N. Market St., Hercules Plaza, 6th Flr. P.O. Box 951 Wilmington, DE 19899-0951 (302) 984-6000 Email: [email protected] ATTORNEY TO BE NOTICED Defendant The Amalgamated Sugar Company represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED

Case 1:05-cv-00069-GMS

Document 60-3

Filed 08/17/2007

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Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant American Crystal Sugar Company represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant American Sugar Cane League represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant American Sugar Refining Inc. represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Atlantic Sugar Association represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Hawaiian Sugar & Transportation Cooperative represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Imperial Sugar Company represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED

Case 1:05-cv-00069-GMS

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Filed 08/17/2007

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Defendant Michigan Sugar Company represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Minn-Dak Farmers Cooperative represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Okeelanta Corporation represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Osceola Farms Company represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Rio Grande Valley Sugar Growers Inc. represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Southern Minnesota Beet Sugar Cooperative represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Sugar Cane Growers Cooperative of Florida represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED

Case 1:05-cv-00069-GMS

Document 60-3

Filed 08/17/2007

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Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant United States Sugar Corporation represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Western Sugar Cooperative represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Wyoming Sugar LLC represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant American Sugarbeet Growers Association represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED Defendant Qorvis Communications LLC represented by Charles D. Tobin (See above for address) ATTORNEY TO BE NOTICED Sarah Elizabeth DiLuzio (See above for address) ATTORNEY TO BE NOTICED

Date Filed 02/08/2005 02/08/2005 02/14/2005

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Docket Text 1 COMPLAINT filed. Magistrate Consent Notice to Pltf. FILING FEE $ 250.00 RECEIPT # 138045 (mwm) Modified on 6/10/2005 (mwm, ). (Entered: 02/09/2005) No summons issued (mwm) (Entered: 02/09/2005) Summons Issued as to Michigan Sugar Company on 2/10/2005; Minn-Dak Farmers

Case 1:05-cv-00069-GMS

Document 60-3

Filed 08/17/2007

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Plaintiff?s First Set of Request for Admissions and First Set of Interrogatories; re 47 Notice of Service,,,,,,, by Michigan Sugar Company, Minn-Dak Farmers Cooperative, Okeelanta Corporation, Osceola Farms Company, Rio Grande Valley Sugar Growers Inc., Southern Minnesota Beet Sugar Cooperative, Sugar Cane Growers Cooperative of Florida, United States Sugar Corporation, Western Sugar Cooperative, Wyoming Sugar LLC, American Sugarbeet Growers Association, Qorvis Communications LLC, The Sugar Association, The Amalgamated Sugar Company, American Crystal Sugar Company, American Sugar Cane League, American Sugar Refining Inc., Atlantic Sugar Association, Hawaiian Sugar & Transportation Cooperative, Imperial Sugar Company. Related document: 47 Notice of Service,,,,,,, filed by McNeil Nutritionals LLC,. (DiLuzio, Sarah) (Entered: 07/08/2005) 07/29/2005 49 SEALED ANSWERING BRIEF in Opposition re 26 MOTION to Dismiss Based upon Defendants' Motion To Dismiss filed by McNeil Nutritionals LLC.Reply Brief due date per Local Rules is 8/5/2005. (Day, John) (Entered: 07/29/2005) 50 SEALED DECLARATION re 49 Answering Brief in Opposition to Defendants' Motion to Dismiss (Declaration of Steven A. Zalesin) by McNeil Nutritionals LLC. (Day, John) (Entered: 07/29/2005) 51 DECLARATION re 49 Answering Brief in Opposition to Defendants' Motion to Dismiss (Declaration of Nancy Gavin) by McNeil Nutritionals LLC. (Day, John) (Entered: 07/29/2005) 52 DECLARATION re 49 Answering Brief in Opposition to Defendants' Motion to Dismiss (Declaration of John G. Day) by McNeil Nutritionals LLC. (Attachments: # 1 Exhibits 35 through 38)(Day, John) (Entered: 07/29/2005) 53 STIPULATION TO EXTEND TIME to file Reply Brief on their motion to dismiss to August 12, 2005 - filed by Michigan Sugar Company, Minn-Dak Farmers Cooperative, Okeelanta Corporation, Osceola Farms Company, Rio Grande Valley Sugar Growers Inc., Southern Minnesota Beet Sugar Cooperative, Sugar Cane Growers Cooperative of Florida, United States Sugar Corporation, Western Sugar Cooperative, Wyoming Sugar LLC, American Sugarbeet Growers Association, The Sugar Association, The Amalgamated Sugar Company, American Crystal Sugar Company, American Sugar Cane League, American Sugar Refining Inc., Atlantic Sugar Association, Hawaiian Sugar & Transportation Cooperative, Imperial Sugar Company. (DiLuzio, Sarah) (Entered: 08/02/2005) [PAPERLESS] ORDER denying 53 STIPULATION TO EXTEND TIME to file Reply Brief on their motion to dismiss to August 12, 2005 filed by The Sugar Association, The Amalgamated Sugar Company, American Crystal Sugar Company, American Sugar Cane League, American Sugar Refining Inc., Atlantic Sugar Association, Hawaiian Sugar & Transportation Cooperative, Imperial Sugar Company, Michigan Sugar Company, Minn-Dak Farmers Cooperative, Okeelanta Corporation, Osceola Farms Company, Rio Grande Valley Sugar Growers Inc., Southern Minnesota Beet Sugar Cooperative, Sugar Cane Growers Cooperative of Florida, United States Sugar Corporation, Western Sugar Cooperative, Wyoming Sugar LLC, American Sugarbeet Growers Association pending receipt of an explanation for the request. Signed by Judge Gregory M. Sleet on 8/5/05. (asw ) (Entered: 08/05/2005) 54 Letter to Hon. Gregory M. Sleet from Sarah E. DiLuzio regarding Defendant's Request for Extension of Time to file Reply Brief re Order,,,, 53 STIPULATION TO EXTEND TIME to file Reply Brief on their motion to dismiss to August 12, 2005. (DiLuzio, Sarah) (Entered: 08/05/2005) 55 REDACTED VERSION of 49 Answering Brief in Opposition to Defendants' Motion to Dismiss by McNeil Nutritionals LLC. (Day, John) (Entered: 08/05/2005) 56 REDACTED VERSION of 50 Declaration of Steven Zalesin by McNeil Nutritionals LLC. (Attachments: # 1 Exhibit Exhibits 3 through 8# 2 Exhibit Exhibits 9 through 11# 3 Exhibit Exhibits 12 and 13# 4 Exhibit Exhibits 14 through 25# 5 Exhibit Exhibits 26

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