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CM/ECF - U.S. District Court:vawd

U.S. District Court
Western District of Virginia (Charlottesville)
CIVIL DOCKET FOR CASE #: 3:09-cv-00030-nkm


PBM Products, LLC, v. Societe Des Produits Nestle, S.A. et al
Assigned to: Judge Norman K. Moon
Demand: $75,000
Cause: 15:1125 Trademark Infringement (Lanham Act)

Date Filed: 04/27/2009
Jury Demand: Plaintiff
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question
Plaintiff
PBM Products, LLC, represented byJennifer A. Harchick
BREINER & BREINER, L.L.C.
P. O. BOX 320160
ALEXANDRIA , VA 22320-0160
703-684-6885
Fax: 684-8206
Email: jharchick@bbpatlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Theodore A. Breiner
BREINER & BREINER, L.L.C.
P. O. BOX 320160
ALEXANDRIA , VA 22320-0160
703-684-6885
Fax: 684-8206
Email: tbreiner@bbpatlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Societe Des Produits Nestle, S.A.
Defendant
Gerber Products Company represented byWilliam Raymond Rakes
GENTRY LOCKE RAKES & MOORE
POST OFFICE BOX 40013
ROANOKE , VA 24022-0013
540-983-9374
Fax: 540-983-9400
Email: bill_rakes@gentrylocke.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carmine Ralph Zarlenga
HOWREY LLP
1299 PENNSYLVANIA AVENUE NW
WASHINGTON , DC 20004
202-783-0800
Fax: 202-383-6610
Email: zarlengac@howrey.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Susan M. Kayser
HOWREY LLP
1299 PENNSYLVANIA AVENUE NW
WASHINGTON , DC 20004
202-783-0800
Fax: 202-383-6610
Email: kaysers@howrey.com
PRO HAC VICE
ATTORNEY TO BE NOTICED
Counter Claimant
Gerber Products Company represented byWilliam Raymond Rakes
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Carmine Ralph Zarlenga
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Susan M. Kayser
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

V.
Counter Defendant
PBM Products, LLC, represented byJennifer A. Harchick
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Theodore A. Breiner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed #Docket Text
04/27/20091 COMPLAINT against Societe Des Produits Nestle, S.A., Gerber Products Company (Filing fee $ 350.), filed by PBM Products, LLC,. 100 Day Notice due by 8/6/2009 120 Day Service due by 8/26/2009 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(hnw) (Entered: 04/28/2009)
04/27/20092 Positive Corporate Disclosure Statement by PBM Products, LLC, identifying Corporate Parent PBM Holdings, Inc. for PBM Products, LLC,.. (hnw) (Entered: 04/28/2009)
04/27/20093 Summons Issued as to Gerber Products Company.(hnw) (Entered: 04/28/2009)
04/27/20094 Summons Issued as to Societe Des Produits Nestle, S.A..(hnw) (Entered: 04/28/2009)
04/28/20095 Report on the Filing or Determination of an Action Regarding a Patent or Trademark by the Clerk. (hnw)
05/06/20096 RETURN of service of Complaint on April 29, 2009 upon Gerber Products Company(Harchick, Jennifer)
05/12/20097  MOTION for Preliminary Injunction And Reqeust For Hearing by PBM Products, LLC,. (Attachments: # 1 Text of Proposed Order)(Harchick, Jennifer)
05/12/20098 Plaintiff's Memorandum Of Law In Support Of Motion For Preliminary Injunction re 7 MOTION for Preliminary Injunction And Reqeust For Hearing by PBM Products, LLC,. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit A-5, # 7 Exhibit A-6, # 8 Exhibit A-7, # 9 Exhibit A-8, # 10 Exhibit A-9, # 11 Exhibit A-10, # 12 Exhibit A-11, # 13 Exhibit A-12, # 14 Exhibit A-13, # 15 Exhibit A-14, # 16 Exhibit A-15, # 17 Exhibit A-16, # 18 Exhibit A-17, # 19 Exhibit A-18, # 20 Exhibit A-19, # 21 Exhibit A-20, # 22 Exhibit A-21, # 23 Exhibit A-22, # 24 Exhibit A-23, # 25 Exhibit A-24, # 26 Exhibit A-25, # 27 Exhibit A-26, # 28 Exhibit A-27, # 29 Exhibit A-28, # 30 Exhibit A-29, # 31 Exhibit A-30, # 32 Exhibit A-31, # 33 Exhibit A-32, # 34 Exhibit A-33, # 35 Exhibit A-34, # 36 Exhibit A-35, # 37 Exhibit A-36, # 38 Exhibit A-37, # 39 Exhibit A-38, # 40 Exhibit A-39, # 41 Exhibit A-40, # 42 Exhibit A-41, # 43 Exhibit A-42, # 44 Exhibit A-43, # 45 Exhibit A-44, # 46 Exhibit A-45, # 47 Exhibit A-46, # 48 Exhibit A-47, # 49 Exhibit A-48, # 50 Exhibit A-49, # 51 Exhibit A-50, # 52 Exhibit A-51, # 53 Exhibit B, # 54 Exhibit B-1, # 55 Exhibit B-2, # 56 Exhibit B-3, # 57 Exhibit B-4, # 58 Exhibit B-5, # 59 Exhibit B-6, # 60 Exhibit B-7)(Harchick, Jennifer) Modified on 5/13/2009 (hnw). Modified on 5/13/2009 (hnw).
05/13/20099 NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction And Reqeust For Hearing : Motion Hearing set for 5/18/2009 11:30 AM in Charlottesville before Judge Norman K. Moon. (hnw)
05/14/200910 Please note that the Motion Hearing previously scheduled in this case for Monday May 18th at 11:30 a.m. is hereby CANCELLED. (hnw)
05/14/200911 NOTICE of Appearance by William Raymond Rakes on behalf of Gerber Products Company (Rakes, William)
05/19/200912 NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction And Reqeust For Hearing : Motion Hearing reset for 6/10/2009 10:00 AM in Charlottesville before Judge Norman K. Moon. (hnw)
05/19/200913  ANSWER to 1 Complaint,, COUNTERCLAIM against PBM Products, LLC, by Gerber Products Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rakes, William)
05/26/200914 Positive Corporate Disclosure Statement by Gerber Products Company identifying Corporate Parent Nestle, S.A. for Gerber Products Company, Gerber Products Company.. (Rakes, William)
05/27/200915  MOTION to Appear Pro Hac Vice by Gerber Products Company. (Attachments: # 1 Text of Proposed Order)(Rakes, William)
05/28/200916 ORDER granting 15 MOTION to Appear Pro Hac Vice for Zarlenga and Kayser. Signed by Judge Norman K. Moon on 5/28/09. (hnw)
06/01/200917 Brief / Memorandum in Opposition re 7 MOTION for Preliminary Injunction And Reqeust For Hearing. filed by Gerber Products Company. (Attachments: # 1 Brief in Opposition (Part 2))(Kayser, Susan)
06/01/200918 DECLARATION OF SUSAN M. KAYSER re 17 Brief / Memorandum in Opposition Declaration of Susan M. Kayser by Gerber Products Company. (Attachments: # 1 Exhibit 1)(Kayser, Susan) Modified on 6/4/2009 (hnw). Modified on 6/4/2009 (hnw).
06/01/200919 DECLARATION OF DR. JOSE SAAVEDRA re 17 Brief / Memorandum in Opposition Declaration of Dr. Jose Saavedra by Gerber Products Company. (Kayser, Susan) Modified on 6/4/2009 (hnw). Modified on 6/4/2009 (hnw).
06/01/200920 DECLARATION OF RICHARD JENTIS re 17 Brief / Memorandum in Opposition Declaration of Richard Jentis by Gerber Products Company. (Kayser, Susan) Modified on 6/4/2009 (hnw).
06/01/200921 DECLARATION OF LINDA JACKSON re 17 Brief / Memorandum in Opposition Declaration of Linda Jackson by Gerber Products Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Kayser, Susan) Modified on 6/4/2009 (hnw).
06/01/200922 DECLARATION OF TAMARA OLSSON re 17 Brief / Memorandum in Opposition Declaration of Tamara D. Olsson by Gerber Products Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Errata 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Errata 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33)(Kayser, Susan) Modified on 6/4/2009 (hnw).
06/01/200923 DECLARATION OF ROBYN WIMBERLY re 17 Brief / Memorandum in Opposition Declaration of Robyn Wimberly by Gerber Products Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Kayser, Susan) Modified on 6/4/2009 (hnw).
06/01/200924 EXPERT REPORT OF SUSAN SCHWARTZ MACDONALD PHD re 17 Brief / Memorandum in Opposition Expert Report of Susan Schwartz McDonald, Ph.D. by Gerber Products Company. (Kayser, Susan) Modified on 6/4/2009 (hnw).
06/01/200925 NOTICE by Gerber Products Company re 18 Affidavit, 21 Affidavit, 24 Affidavit, 23 Affidavit, 22 Affidavit,,, 19 Affidavit, 20 Affidavit Notice of Filing Declarations and Expert Report (Kayser, Susan)
06/05/200926 NOTICE of Hearing on Motion 7 MOTION for Preliminary Injunction And Reqeust For Hearing : Motion Hearing re-set for 6/17/2009 10:00 AM in Lynchburg before Judge Norman K. Moon. (sfc)