Cummings v. Adidas USA

COMPLAINT against Under Armour, Inc., Adidas USA, Converse, Inc., New Balance Athletic Shoe, Inc., Nike, Inc., Reebok International Limited. (Filing Fee $ 350.00, Receipt Number 669264)Document filed by William G. Cummings, Jay G. Levine.(ama) (ama). (Entered: 11/19/2008)

2008-11-14

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by William G. Cummings, Jay G. Levine.(ama) (ama). (Entered: 11/19/2008)

2008-11-14

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WAIVER OF SERVICE RETURNED EXECUTED. Adidas USA waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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WAIVER OF SERVICE RETURNED EXECUTED. Converse, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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WAIVER OF SERVICE RETURNED EXECUTED. New Balance Athletic Shoe, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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WAIVER OF SERVICE RETURNED EXECUTED. Nike, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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WAIVER OF SERVICE RETURNED EXECUTED. Reebok International Limited waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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WAIVER OF SERVICE RETURNED EXECUTED. Under Armour, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

2008-12-12

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MOTION for B. Trent Webb to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

2009-01-07

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MOTION for Angel Mitchell to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

2009-01-07

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MOTION for Claire Terrebonne to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

2009-01-07

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NOTICE OF APPEARANCE by Amr O. Aly on behalf of Adidas USA, Reebok International Limited (Aly, Amr) (Entered: 01/09/2009)

2009-01-09

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STIPULATION EXTENDING TIME TO ANSWER OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT it is hereby stipulated and agreed that the time for Defendant Nike and Converse to answer or otherwise respond to the plaintiffs complaint shall be extended to February 12, 2009. (Signed by Judge Shira A. Scheindlin on 1/9/09) (mme) (Entered: 01/09/2009)

2009-01-09

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ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 2/2/2009 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/8/2009) (tve) (Entered: 01/14/2009)

2009-01-14

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STIPULATION TO EXTEND TIME TO FILE ANSWER The parties hereby request to extend the time for defendant New Balance Athletic Shoe, Inc. to file an answer to plaintiffs complaint. A stipulation to extend the time was reached by counsel for both parties through telephonic conference on January 7, 2009. The parties therefore request that the deadline be extended by one month thus moving the date from January 12, 2009 to February 13, 2009. (Signed by Judge Shira A. Scheindlin on 1/14/09) (mme) (Entered: 01/15/2009)

2009-01-15

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STIPULATION TO EXTEND TIME TO FILE ANSWER The parties hereby request to extend the time for defendant Under Armor, Inc. to file an answer to plaintiffs complaint. A stipulation to extend the time was reached by counsel for both parties through telephonic conference on January 7, 2009. The parties therefore request that the deadline be extended by one month thus moving the date from January 12, 2009 to February 13, 2009. (Signed by Judge Shira A. Scheindlin on 1/14/09) (mme) (Entered: 01/15/2009)

2009-01-15

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NOTICE OF APPEARANCE by Milton Springut on behalf of Converse, Inc., Nike, Inc. (Springut, Milton) (Entered: 01/15/2009)

2009-01-15

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NOTICE OF APPEARANCE by Tal S. Benschar on behalf of Converse, Inc., Nike, Inc. (Benschar, Tal) (Entered: 01/15/2009)

2009-01-15

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ORDER FOR ADMISSION PRO HAC VICE OF GEOFFREY K. GAVIN ON WRITTEN MOTION: Attorney Geoffrey K. Gavin is admitted to practice pro hac vice for Adidas USA and Reebok International Limited. (Signed by Judge Shira A. Scheindlin on 1/15/2009) (tve) Modified on 2/27/2009 (tve). (Entered: 01/16/2009)

2009-01-15

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ORDER FOR ADMISSION PRO HAC VICE OF MITCHELL G. STOCKWELL ON WRITTEN MOTION: Attorney Mitchell G. Stockwell is admitted to practice pro hac vice for Adidas USA and Reebok International Limited. (Signed by Judge Shira A. Scheindlin on 1/15/2009) (tve) (Entered: 01/16/2009)

2009-01-15

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STIPULATION; that the time for adidas and Recook to answer, move or otherwise respond to the Complaint herein be and is hereby extended for thirty (30) days to and including February 12, 2009. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/16/2009) (tve) (Entered: 01/16/2009)

2009-01-16

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STIPULATED ORDER ADMITTING ANGEL MITCHELL, ESQ. PRO HAC VICE; granting 10 Motion for Angel Mitchell to Appear Pro Hac Vice. IT IS SO ORDERED.(Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

2009-01-26

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STIPULATED ORDER ADMITTING ATTORNEY JONATHAN N. ZERGER,ESQ. PRO HAC VICE; Jonathan N. Zerger is admitted to practice pro hac vice to represent Defendants Converse, Inc. and Nike, Inc. IT IS SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

2009-01-26

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STIPULATED ORDER ADMITTING CLAIRE TERREBONNE, ESQ. PRO HAC VICE; granting 11 Motion for Claire Terrebonne to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

2009-01-26

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STIPULATED ORDER ADMITTING B. TRENT WEBB, ESQ. PRO HAC VICE; granting 9 Motion for B. Trent Webb to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

2009-01-26

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NOTICE OF APPEARANCE by John Paul Hanish on behalf of Under Armour, Inc., New Balance Athletic Shoe, Inc. (Hanish, John) (Entered: 01/28/2009)

2009-01-28

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ORDER FOR ADMISSION PRO HAC VICE: Attorney's Emily J. Cooper Esq., Douglas J. Kline Esq., and Roland H. Schwillinski Esq., is admitted to practice pro hac vice for Defendants New Balance Athletic Shoe, Inc. and Under Armour Inc. (Signed by Judge Shira A. Scheindlin on 1/30/2009) (jfe) (Entered: 02/02/2009)

2009-02-02

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SCHEDULING ORDER: Amended Pleadings due by 6/26/2009. Joinder of Parties due by 6/26/2009. . Discovery due by 2/15/2010. Defendants deadline to answer or otherwise respond to the complaint or amended complaint 3/6/2009. By 5/22/2009, the parties will complete and file a Joint Claim Construction Statement, as set forth herein. By 6/15/2009, Plaintiffs shall file their Claim Construction Briefs. Defendants' Responsive Claim Construction Briefs shall filed by 7/10/2009. Any replies shall be filed by 7/31/2009. A claim Construction Hearing will be held on September 14, 2009. Premotion Conf. 11/17/2009. (Signed by Judge Shira A. Scheindlin on 2/2/2009) (jpo) Modified on 3/2/2009 (jpo). (Entered: 02/03/2009)

2009-02-02

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ORDER CASE ELIGIBLE FOR MEDIATION...the above-entitled action is eligible for mediation, pursuant to the Civil Justice Expense and Delay Reduction Plan. This action is eligible for mediation subject to the limitations and restrictions as noted: ALL ISSUES ARE ELIGIBLE. (Signed by Judge Shira A. Scheindlin on 2/2/2009) (jpo) (Entered: 02/03/2009)

2009-02-02

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AMENDED COMPLAINT amending 1 Complaint, against Under Armour, Inc., Adidas USA, Converse, Inc., New Balance Athletic Shoe, Inc., Nike, Inc., Reebok International Limited. Document filed by William G. Cummings, Jay G. Levine. Related document: 1 Complaint, filed by Jay G. Levine, William G. Cummings.(dle) (Entered: 02/06/2009)

2009-02-06

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NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: 03/04/2009)

2009-03-04

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STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Adidas USA, Reebok International Limited pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by William G. Cummings, Jay G. Levine, Adidas USA, Reebok International Limited.(Gavin, Geoffrey) (Entered: 03/04/2009)

2009-03-04

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Under Armour, Inc..(Hanish, John) (Entered: 03/06/2009)

2009-03-06

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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against William G. Cummings, Jay G. Levine. Document filed by Under Armour, Inc.. (Attachments: # 1 Exhibit A)(Hanish, John) (Entered: 03/06/2009)

2009-03-06

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying New Balance, Inc. as Corporate Parent. Document filed by New Balance Athletic Shoe, Inc..(Hanish, John) (Entered: 03/06/2009)

2009-03-06

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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against William G. Cummings, Jay G. Levine. Document filed by New Balance Athletic Shoe, Inc.. (Attachments: # 1 Exhibit A)(Hanish, John) (Entered: 03/06/2009)

2009-03-06

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Nike, Inc. as Corporate Parent. Document filed by Converse, Inc..(Benschar, Tal) (Entered: 03/06/2009)

2009-03-06

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RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc..(Benschar, Tal) (Entered: 03/06/2009)

2009-03-06

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ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Converse, Inc.. Related document: 30 Amended Complaint, filed by Jay G. Levine, William G. Cummings.(Benschar, Tal) (Entered: 03/06/2009)

2009-03-06

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ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Nike, Inc.. Related document: 30 Amended Complaint, filed by Jay G. Levine, William G. Cummings.(Benschar, Tal) (Entered: 03/06/2009)

2009-03-06

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REPLY re: 40 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

2009-03-18

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REPLY re: 39 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

2009-03-18

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REPLY re: 34 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

2009-03-18

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REPLY re: 36 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

2009-03-18

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RULE 26 DISCLOSURE.Document filed by William G. Cummings.(Badie, James) (Entered: 03/27/2009)

2009-03-27

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MOTION to Seal New Balance Athletic Shoe, Inc. and Under Armour, Inc.'s Motion to Enforce Settlement Agreements and to Dismiss the Complaint. Document filed by Under Armour, Inc., New Balance Athletic Shoe, Inc..(Hanish, John) (Entered: 05/21/2009)

2009-05-21

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SEALED DOCUMENT placed in vault.(rt) (Entered: 05/22/2009)

2009-05-22

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JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Converse, Inc., Nike, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zerger, Jonathan) (Entered: 05/22/2009)

2009-05-22

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ORDER GRANTING DEFENDANTS NEW BALANCE ATHLETIC SHOE,INC.'S AND UNDER ARMOUR, INC.'S MOTION FOR LEAVE TO FILE NEW BALANCE AND UNDER ARMOUR'S MOTION TO ENFORCE SETTLEMENT AGREEMENTS AND TO DISMISS THE COMPLAINT UNDER SEAL granting 48 Motion to Seal. Defendants New Balance Athletic Shoe, Inc.'s and Under Armour, Inc's. Motion to Endorce Settlement Agreements and to Dismiss the Complaint discloses confidential settlement information and the substance of the parties' settlement negotiations during mediation, New Balance's and Under Armour's motion for leave to file under seal is GRANTED. (Signed by Judge Shira A. Scheindlin on 5/22/09) (tro) (Entered: 05/26/2009)

2009-05-22

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JOINT NOTICE OF STIPULATION AND VOLUNTARY DISMISSAL WITH PREJUDICE OF NEW BALANCE ATHLETIC SHOE, INC.: Pursuant to Fed. R. Civ. P. 41. Plaintiff's William G. Cummings and Jay G. Levine and Defendant New Balance Athletic Shoe, Inc., hereby give notice that Plaintiff's are stipulating to the voluntary dismissal with prejudice of this action against New Balance Athletic Shoe, Inc., with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 6/22/2009) (jfe) (Entered: 06/23/2009)

2009-06-22

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STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, With prejudice against the defendant(s) Under Armour, Inc. pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Under Armour, Inc..(Hanish, John) (Entered: 06/23/2009)

2009-06-23

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REVISED SCHEDULING ORDER: Amended Pleadings due by 9/26/2009. Joinder of Parties due by 9/26/2009. Dispositive Motions due by 7/16/2010. Fact Discovery due 1/30/10. Expert Discovery due by 5/15/2010. Pre-Motion Conference set for 2/15/2010 at 04:30 PM before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 6/25/09) (db) (Entered: 07/02/2009)

2009-06-25

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TRANSCRIPT of proceedings held on 5/26/09 before Judge Shira A. Scheindlin. (ja) (Entered: 07/06/2009)

2009-06-30

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JOINT NOTICE OF STIPULATION AND VOLUNTARY DISMISSAL WITH PREJUDICE OF UNDER ARMOUR, INC.: Under Armour, Inc. is voluntarily dismissed with prejudice, with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 6/30/09) (tro) (Entered: 07/01/2009)

2009-07-01

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NOTICE OF APPEARANCE by Jon Damon Jekielek on behalf of William G. Cummings (Jekielek, Jon) (Entered: 07/13/2009)

2009-07-13

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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Ira Scot Meyerowitz dated 8/21/09 re: counsel for plaintiffs write to the Court to respectfully request that Your Honor modify paragraphs 3(b) and 3(d)(ii) of the Scheduling Order previously entered into by the parties to this matter on June 25, 2009 as proposed: The Parties will complete and file a Joint Claim Construction Statement on or before September 18, 2009; the Parties will produce documents responsive to Rule 34 requests by September 25, 2009; plaintiffs shall file their Claim Construction Brief on or before October 2, 2000 Defendants Responsive Claim Construction Briefs shall be filed on or before October 23, 2009; and any reply papers shall be flied by Plaintiffs on or before November 6, 2009. ENDORSEMENT: requests granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 8/21/09) (pl) (Entered: 08/24/2009)

2009-08-21

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JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by William G. Cummings. (Attachments: # 1 Exhibit Join Claim Construction Table)(Jekielek, Jon) (Entered: 09/18/2009)

2009-09-18

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The Clerk of the Court is directed to strike the Second Amended Complaint from the docket (Docket no. 60). (As per Order document #61). Modified on 10/5/2009 (pl). (Entered: 09/28/2009)

2009-09-25

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OPINION AND ORDER,#98135 that because plaintiffs failed to comply with the Federal Rule of Civil Procedure Rule 15(a)(2) and paragraph III(B) of this Court's Individual Rules and Procedures, plaintiffs' Second Amended Complaint is hereby stricken from the record and their letter request to amend the Second Amended Complaint is hereby denied. If plaintiffs wish to re-file a Second Amended Complaint, they must either obtain defendants' written consent or move this Court for leave to amend. Plaintiffs shall have until October 12, 2009 to file a motion for leave to amend. If plaintiffs file a motion for leave to amend, defendants shall have until October 26, 2009 to file an opposition and plaintiffs shall have until November 2, 2009 to reply. The Clerk of the Court is directed to strike the Second Amended Complaint from the docket (Docket no. 60). (Signed by Judge Shira A. Scheindlin on 10/2/09) (pl) Modified on 10/13/2009 (eef). (Entered: 10/05/2009)

2009-10-05

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MOTION to Amend/Correct the Amended Complaint. Document filed by William G. Cummings, Jay G. Levine.(Meyerowitz, Ira) (Entered: 10/13/2009)

2009-10-13

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AFFIRMATION of Ira Scot Meyerowitz in Support re: 62 MOTION to Amend/Correct the Amended Complaint.. Document filed by William G. Cummings, Jay G. Levine. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit C)(Meyerowitz, Ira) (Entered: 10/13/2009)

2009-10-13

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MEMORANDUM OF LAW in Support re: 62 MOTION to Amend/Correct the Amended Complaint.. Document filed by William G. Cummings, Jay G. Levine. (Meyerowitz, Ira) (Entered: 10/13/2009)

2009-10-13

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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jonathan Zerger dated 10/22/09 re: counsel for Nike and Converse request the Court's consent to the terms set forth herein. ENDORSEMENT: The parties' joint request for schedule revisions is hereby granted. Parties shall jointly submit a protective order for the Court's approval by 10/30/09. Parties shall exchange documents based on currently pending requests within 5 days of the entry of the protective order and 40 days to conduct discovery limited to the Air Jordan XV prior art issue. Nike and/or converse shall have 30 days after the close of discovery to file for summary judgment on the Air Jordan XV prior art issue. Plaintiffs shall have 30 days to file any opposition and Nike and/or Converse shall have 14 days thereafter to reply. Filing of the summary judgment on Nike's Air Jordan XV prior art issue shall not preclude Nike and Converse from later filing a summary judgment motion on other remaining issues. In addition, Nike and Converse are not required to file a claim construction brief on 10/23/09 and Nike and Converse are not required to file an opposition to plaintiffs' motion to amend the complaint currently due 10/26/09. In the event this case is not resolved completely upon this Court's ruling on summary judgment, the briefing and discovery schedule will be reset. So Ordered. (Signed by Judge Shira A. Scheindlin on 10/22/09) (dle) (Entered: 10/23/2009)

2009-10-23

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ORDER: James W. Badie, Esq. was relieved as attorney for the plaintiffs in the above-captioned action by this Court on May 26, 2009. On October 23, 2009, Badie sent a letter notifying the Court that he continues to receive court communications and copies of court documents filed by all parties. Accordingly, the Clerk of the Court is hereby directed to discontinue notifying Badie of court filings in this case and to note his termination as plaintiff s counsel on this District's electronic document filing system. (Signed by Judge Shira A. Scheindlin on 10/29/2009) (jfe) (Entered: 10/29/2009)

2009-10-29

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STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 11/2/09) (cd) (Entered: 11/03/2009)

2009-11-02

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STIPULATED ORDER ADMITTING ATTORNEY PRO HAC VICE: Attorney Jennifer Knapp Riggs for Converse, Inc. and Nike, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 11/13/09) (js) (Entered: 11/16/2009)

2009-11-13

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MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment]. Document filed by Converse, Inc., Nike, Inc..(Zerger, Jonathan) (Entered: 01/13/2010)

2010-01-13

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CONSENT MOTION for Extension of Time to File Summary Judgment Papers. Document filed by Converse, Inc., Nike, Inc..(Zerger, Jonathan) (Entered: 01/13/2010)

2010-01-13

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SEALED DOCUMENT placed in vault.(nm) (Entered: 01/15/2010)

2010-01-15

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ENDORSED LETTER: addressed to Judge Shira A. Scheindlin from Ira Scot Meyerowitz dated 2/8/2010 re: Counsel for plaintiffs request that the Court extend the briefing schedule on Plaintiffs opposition to defendants Nike, Inc.'s and Converse Inc.'s pending summary judgment motion, under the current schedule, Plaintiffs' opposition is due February 12, 2010. (Dkt. 65). Under this proposed schedule, Plaintiff's opposition papers would be due on or before March 3, 2010. ENDORSEMENT: Plaintiffs' request for an extension of time is hereby granted in part. Plaintiffs opposition to defendants' summary judgment motion is due 2/24/2010. defendants' reply is do 3/24/2010. No further extensions will be granted. So Ordered. (Signed by Judge Shira A. Scheindlin on 2/8/2010) (js) (Entered: 02/09/2010)

2010-02-09

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ENDORSED LETTER addressed to Judge Victor Marrero from Ira Scot Meyerowitz dated 2/11/2010 re: Counsel for plaintiffs write requesting that the Court allow plaintiff's an additional week to oppose the defendants' summary judgment motion. ENDORSEMENT: Plaintiffs have already been granted six weeks to respond to defendants' motion - more than sufficient time to do so. Now plaintiffs request an additional week, bringing their time to respond to defendants' motion to nearly two months. Though the Court does not view this request with favor, it is granted. Plaintiffs' response is due 3/3/2010 and Defendant reply to due 3/31/2010. Plaintiffs may NOT seek an extension of time during the remainder of this litigation. Parties must learn that deadlines matter. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 2/12/2010) (tve) (Entered: 02/16/2010)

2010-02-16

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AFFIDAVIT of William G. Cummings in Opposition re: 69 MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment].. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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AFFIDAVIT of Jay G. Levine in Opposition re: 69 MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment].. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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AFFIRMATION of Ira Scot Meyerowitz in Opposition re: 69 MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment].. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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MEMORANDUM OF LAW in Opposition re: 69 MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment].. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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COUNTER STATEMENT TO Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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RULE 56.1 STATEMENT. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 03/03/2010)

2010-03-03

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SEALED DOCUMENT placed in vault.(nm) (Entered: 03/05/2010)

2010-03-05

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SEALED DOCUMENT placed in vault.(jri) (Entered: 03/23/2010)

2010-03-23

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SEALED DOCUMENT placed in vault.(nm) (Entered: 03/31/2010)

2010-03-31

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NOTICE of List of Patent Infringment Claims in connection with the sneakers at issue in Plaintiffs Second Amended Complaint. Document filed by William G. Cummings. (Jekielek, Jon) (Entered: 05/20/2010)

2010-05-20

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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jonathan N. Zerger dated 5/13/10 re: Clarification on whether Nike and Converse oppose entry of Plaintiffs' Proposed Second Amended Complaint, which is found in the record as an exhibit to docket entry number 63. ENDORSEMENT: On May 20, 2010, Plaintiffs filed a notice that states with particularity which patent claims of US Patent No. 40,215 Plaintiffs' are asserting against each of Nike's and Converses' accused shoes. Accordingly, Nike and Converse do not oppose entry of Plaintiffs' Second Amended Complaint, and Plaintiffs' Motion to Amend/Correct the Amended Complaint is granted. The Clerk of Court is directed to close this motion (docket# 62). SO ORDERED., Motions terminated: 62 MOTION to Amend/Correct the Amended Complaint filed by Jay G. Levine, William G. Cummings. (Signed by Judge Shira A. Scheindlin on 5/21/10) (db) (Entered: 05/21/2010)

2010-05-21

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OPINION AND ORDER #98986 re: 69 Notice of Motion and Motion for Partial Summary Judgment filed by Converse, Inc., Nike, Inc. Defendants provided clear and convincing evidence that the AJXV fully anticipated the invention stated in claims 5 and 6 of the patent-in-suit, and was commercially offered and ready for patenting more than one year before plaintiffs applied for their patent. Plaintiffs failed to show any disputed material fact. Accordingly, defendants' motion for partial summary judgment is granted. The Clerk of Court is directed to close this motion (document # 69). A conference is scheduled for June 9, 2010, at 4:00 p.m. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 5/24/2010) (tve) Modified on 5/26/2010 (ajc). (Entered: 05/24/2010)

2010-05-24

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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jon D. Jekielek dated 5/27/2010 re: Counsel for Plaintiffs requests that Your Honor reschedule the conference currently scheduled for 6/17/2010 at 4:00 p.m. ENDORSEMENT: Request granted. The conference is rescheduled to June 17, 2010 at 4:00 p.m. (Status Conference set for 6/17/2010 at 04:00 PM before Judge Shira A. Scheindlin.) (Signed by Judge Shira A. Scheindlin on 5/28/2010) (tro) (Entered: 06/01/2010)

2010-06-01

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ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Jonathan N. Zerger dated 9/1/2010 re: request a continuance of the 9/7 scheduling conference to a time or after the week of 9/13/2010. ENDORSEMENT: The parties' request is hereby granted. The conference scheduled for 9/7 is rescheduled for 9/13/2010 at 4:30pm. No further extensions will be granted. (Signed by Judge Shira A. Scheindlin on 9/2/2010) (jar) (Entered: 09/02/2010)

2010-09-02

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STIPULATION OF DISMISSAL: It is hereby Stipulated and agreed that all remaining claims in this matter shall be dismissed according to the terms of the parties' Stipulation to Dismiss Action, attached hereto as Exhibit 1, which is incorporated herein by reference. The Court shall retain jurisdiction over this matter to the extent necessary to enforce the terms of the agreement. (Signed by Judge Shira A. Scheindlin on 9/21/2010) (jfe) (Entered: 09/22/2010)

2010-09-22

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JUDGMENT in favor of Converse, Inc., and Nike, Inc. against Jay G. Levine, and William G. Cummings. (Signed by Judge Shira A. Scheindlin on 10/22/10) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 10/25/2010)

2010-10-22

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NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from 89 Judgment, 85 Opinion and Order. Document filed by William G. Cummings, Jay G. Levine. Filing fee $ 455.00, receipt number E 921528. (nd) Modified on 12/1/2010 (nd). (Entered: 11/18/2010)

2010-11-17

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MANDATE of USCA FOR THE FEDERAL CIRCUIT (Certified Copy) as to 90 Notice of Appeal filed by Jay G. Levine, William G. Cummings USCA Case Number 2011-1099. Upon consideration of the parties' "stipulation of Dismissal," which the court treats as a joint motion to voluntary dismiss this appeal. IT IS HEREBY ORDERED that the motion is GRANTED. Jan Horbaly, Clerk USCA for the Federal Circuit. Issued As Mandate: 04/20/2011. (nd) (Entered: 04/26/2011)

2011-04-26

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SEALED MATERIALS RETRIEVED: Document(s) 71 and 82 were retrieved. Law Firm retrieving records: Kalow & Springut LLP. Person retrieving records: Christopher Moyer on 7/8/2011.(nm) (Entered: 07/08/2011)

2011-07-08

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SEALED MATERIALS RETRIEVED: Document(s) 49 were retrieved. Law Firm retrieving records: Goodwin Procter, LLP. Person retrieving records: Sewnarine Deepnarine on 8/10/2011.(nm) (Entered: 08/10/2011)

2011-08-10

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SEALED MATERIALS DISPOSED: Document(s) 80 and 81 were disposed since no party retrieved the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 10/11/2011.(nm) (Entered: 10/12/2011)

2011-10-11

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Overview

Parties

Defendant

Devanlay US, Inc. Follow

Represented By

Adidas USA Follow

Represented By

Under Armour, Inc. Follow

Represented By

New Balance Athletic Shoe, Inc. Follow

Represented By

Counter Defendant

Jay G. Levine Follow

Represented By

William G. Cummings Follow

Represented By

Plaintiff

Reebok International Limited Follow

Represented By

Converse, Inc. Follow

Represented By

Nike, Inc. Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

COMPLAINT against Under Armour, Inc., Adidas USA, Converse, Inc., New Balance Athletic Shoe, Inc., Nike, Inc., Reebok International Limited. (Filing Fee $ 350.00, Receipt Number 669264)Document filed by William G. Cummings, Jay G. Levine.(ama) (ama). (Entered: 11/19/2008)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by William G. Cummings, Jay G. Levine.(ama) (ama). (Entered: 11/19/2008)

WAIVER OF SERVICE RETURNED EXECUTED. Adidas USA waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

WAIVER OF SERVICE RETURNED EXECUTED. Converse, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

WAIVER OF SERVICE RETURNED EXECUTED. New Balance Athletic Shoe, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

WAIVER OF SERVICE RETURNED EXECUTED. Nike, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

WAIVER OF SERVICE RETURNED EXECUTED. Reebok International Limited waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

WAIVER OF SERVICE RETURNED EXECUTED. Under Armour, Inc. waiver sent on 11/14/2008, answer due 1/13/2009. Document filed by William G. Cummings; Jay G. Levine. (Badie, James) (Entered: 12/12/2008)

MOTION for B. Trent Webb to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

MOTION for Angel Mitchell to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

MOTION for Claire Terrebonne to Appear Pro Hac Vice. Document filed by Converse, Inc., Nike, Inc.(dle) (Entered: 01/08/2009)

NOTICE OF APPEARANCE by Amr O. Aly on behalf of Adidas USA, Reebok International Limited (Aly, Amr) (Entered: 01/09/2009)

ORDER FOR INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 2/2/2009 at 04:30 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Shira A. Scheindlin. (Signed by Judge Shira A. Scheindlin on 1/8/2009) (tve) (Entered: 01/14/2009)

NOTICE OF APPEARANCE by Milton Springut on behalf of Converse, Inc., Nike, Inc. (Springut, Milton) (Entered: 01/15/2009)

NOTICE OF APPEARANCE by Tal S. Benschar on behalf of Converse, Inc., Nike, Inc. (Benschar, Tal) (Entered: 01/15/2009)

ORDER FOR ADMISSION PRO HAC VICE OF GEOFFREY K. GAVIN ON WRITTEN MOTION: Attorney Geoffrey K. Gavin is admitted to practice pro hac vice for Adidas USA and Reebok International Limited. (Signed by Judge Shira A. Scheindlin on 1/15/2009) (tve) Modified on 2/27/2009 (tve). (Entered: 01/16/2009)

ORDER FOR ADMISSION PRO HAC VICE OF MITCHELL G. STOCKWELL ON WRITTEN MOTION: Attorney Mitchell G. Stockwell is admitted to practice pro hac vice for Adidas USA and Reebok International Limited. (Signed by Judge Shira A. Scheindlin on 1/15/2009) (tve) (Entered: 01/16/2009)

STIPULATION; that the time for adidas and Recook to answer, move or otherwise respond to the Complaint herein be and is hereby extended for thirty (30) days to and including February 12, 2009. SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/16/2009) (tve) (Entered: 01/16/2009)

STIPULATED ORDER ADMITTING ANGEL MITCHELL, ESQ. PRO HAC VICE; granting 10 Motion for Angel Mitchell to Appear Pro Hac Vice. IT IS SO ORDERED.(Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

STIPULATED ORDER ADMITTING ATTORNEY JONATHAN N. ZERGER,ESQ. PRO HAC VICE; Jonathan N. Zerger is admitted to practice pro hac vice to represent Defendants Converse, Inc. and Nike, Inc. IT IS SO ORDERED. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

STIPULATED ORDER ADMITTING CLAIRE TERREBONNE, ESQ. PRO HAC VICE; granting 11 Motion for Claire Terrebonne to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

STIPULATED ORDER ADMITTING B. TRENT WEBB, ESQ. PRO HAC VICE; granting 9 Motion for B. Trent Webb to Appear Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 1/23/2009) (tve) (Entered: 01/26/2009)

NOTICE OF APPEARANCE by John Paul Hanish on behalf of Under Armour, Inc., New Balance Athletic Shoe, Inc. (Hanish, John) (Entered: 01/28/2009)

NOTICE SELECTING MEDIATOR - Notice of selection of mediator.(sc) (Entered: 03/04/2009)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Under Armour, Inc..(Hanish, John) (Entered: 03/06/2009)

ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against William G. Cummings, Jay G. Levine. Document filed by Under Armour, Inc.. (Attachments: # 1 Exhibit A)(Hanish, John) (Entered: 03/06/2009)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying New Balance, Inc. as Corporate Parent. Document filed by New Balance Athletic Shoe, Inc..(Hanish, John) (Entered: 03/06/2009)

ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against William G. Cummings, Jay G. Levine. Document filed by New Balance Athletic Shoe, Inc.. (Attachments: # 1 Exhibit A)(Hanish, John) (Entered: 03/06/2009)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Nike, Inc. as Corporate Parent. Document filed by Converse, Inc..(Benschar, Tal) (Entered: 03/06/2009)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Nike, Inc..(Benschar, Tal) (Entered: 03/06/2009)

ANSWER to Amended Complaint., COUNTERCLAIM against all plaintiffs. Document filed by Converse, Inc.. Related document: 30 Amended Complaint, filed by Jay G. Levine, William G. Cummings.(Benschar, Tal) (Entered: 03/06/2009)

ANSWER to Amended Complaint with JURY DEMAND., COUNTERCLAIM against all plaintiffs. Document filed by Nike, Inc.. Related document: 30 Amended Complaint, filed by Jay G. Levine, William G. Cummings.(Benschar, Tal) (Entered: 03/06/2009)

REPLY re: 40 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

REPLY re: 39 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

REPLY re: 34 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

REPLY re: 36 Answer to Amended Complaint, Counterclaim. Document filed by William G. Cummings. (Badie, James) (Entered: 03/18/2009)

RULE 26 DISCLOSURE.Document filed by William G. Cummings.(Badie, James) (Entered: 03/27/2009)

MOTION to Seal New Balance Athletic Shoe, Inc. and Under Armour, Inc.'s Motion to Enforce Settlement Agreements and to Dismiss the Complaint. Document filed by Under Armour, Inc., New Balance Athletic Shoe, Inc..(Hanish, John) (Entered: 05/21/2009)

SEALED DOCUMENT placed in vault.(rt) (Entered: 05/22/2009)

JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by Converse, Inc., Nike, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Zerger, Jonathan) (Entered: 05/22/2009)

TRANSCRIPT of proceedings held on 5/26/09 before Judge Shira A. Scheindlin. (ja) (Entered: 07/06/2009)

JOINT NOTICE OF STIPULATION AND VOLUNTARY DISMISSAL WITH PREJUDICE OF UNDER ARMOUR, INC.: Under Armour, Inc. is voluntarily dismissed with prejudice, with each party to bear its own attorneys' fees and costs. (Signed by Judge Shira A. Scheindlin on 6/30/09) (tro) (Entered: 07/01/2009)

NOTICE OF APPEARANCE by Jon Damon Jekielek on behalf of William G. Cummings (Jekielek, Jon) (Entered: 07/13/2009)

JOINT CLAIM CONSTRUCTION STATEMENT. Document filed by William G. Cummings. (Attachments: # 1 Exhibit Join Claim Construction Table)(Jekielek, Jon) (Entered: 09/18/2009)

The Clerk of the Court is directed to strike the Second Amended Complaint from the docket (Docket no. 60). (As per Order document #61). Modified on 10/5/2009 (pl). (Entered: 09/28/2009)

MOTION to Amend/Correct the Amended Complaint. Document filed by William G. Cummings, Jay G. Levine.(Meyerowitz, Ira) (Entered: 10/13/2009)

AFFIRMATION of Ira Scot Meyerowitz in Support re: 62 MOTION to Amend/Correct the Amended Complaint.. Document filed by William G. Cummings, Jay G. Levine. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit B1, # 4 Exhibit B2, # 5 Exhibit C)(Meyerowitz, Ira) (Entered: 10/13/2009)

MEMORANDUM OF LAW in Support re: 62 MOTION to Amend/Correct the Amended Complaint.. Document filed by William G. Cummings, Jay G. Levine. (Meyerowitz, Ira) (Entered: 10/13/2009)

STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Shira A. Scheindlin on 11/2/09) (cd) (Entered: 11/03/2009)

STIPULATED ORDER ADMITTING ATTORNEY PRO HAC VICE: Attorney Jennifer Knapp Riggs for Converse, Inc. and Nike, Inc. admitted Pro Hac Vice. (Signed by Judge Shira A. Scheindlin on 11/13/09) (js) (Entered: 11/16/2009)

MOTION for Summary Judgment [Notice of Motion and Motion for Partial Summary Judgment]. Document filed by Converse, Inc., Nike, Inc..(Zerger, Jonathan) (Entered: 01/13/2010)

CONSENT MOTION for Extension of Time to File Summary Judgment Papers. Document filed by Converse, Inc., Nike, Inc..(Zerger, Jonathan) (Entered: 01/13/2010)

SEALED DOCUMENT placed in vault.(nm) (Entered: 01/15/2010)

Devanlay US, Inc.

Adidas USA

Under Armour, Inc.

New Balance Athletic Shoe, Inc.

Jay G. Levine

William G. Cummings

Reebok International Limited

Converse, Inc.

Nike, Inc.