North Dakota District Court
Judge:Alice R Senechal
Referred: Alice R Senechal
Case #: 3:17-cv-00242
Nature of Suit840 Property Rights - Trademark
Cause15:1125 Trademark Infringement (Lanham Act)
Case Filed:Nov 08, 2017
Terminated:May 21, 2018
Last checked: Monday May 07, 2018 4:09 AM CDT
Counter Claimant
Southern Sun, LLC
Represented By
Peter L. Crema, Jr.
Cozen O'Conner (minneapolis Office)
contact info
Erik G. Swenson
Cozen O'Conner (minneapolis Office)
contact info
Corey J. Quinton
Fisher Bren & Sheridan, LLP
contact info
Counter Claimant
Wild Dutchman Products, Inc.
Represented By
William P. Harrie
Nilles Law Firm
contact info
Counter Defendant
Giant Snacks, Inc.
Represented By
Robin Wade Forward
Stinson Leonard Street LLP
contact info
Joel D. Leviton
Stinson Leonard Street
contact info
Katherine A. Moerke
Stinson Leonard Street Llp (minneapolis)
contact info
Donna P. Gonzales
Stinson Leonard Street Llp (greenwood)
contact info
Defendant
Southern Sun, LLC
Represented By
Peter L. Crema, Jr.
Cozen O'Conner (minneapolis Office)
contact info
Erik G. Swenson
Cozen O'Conner (minneapolis Office)
contact info
Corey J. Quinton
Fisher Bren & Sheridan, LLP
contact info
Defendant
Wild Dutchman Products, Inc.
Represented By
William P. Harrie
Nilles Law Firm
contact info
Plaintiff
Giant Snacks, Inc.
Represented By
Robin Wade Forward
Stinson Leonard Street LLP
contact info
Joel D. Leviton
Stinson Leonard Street
contact info
Katherine A. Moerke
Stinson Leonard Street Llp (minneapolis)
contact info
Donna P. Gonzales
Stinson Leonard Street Llp (greenwood)
contact info

GPO Jan 17 2018
ORDER: Settlement Conference set for 3/5/2018 at 9:00 AM in Fargo ADR Room before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
Docket last updated: 5 hours ago
Monday, May 21, 2018
38 38 misc Patent Report Mon 05/21 4:42 PM
REPORT on the filing or determination of an action regarding Trademark. Form emailed to register. (lh)
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37 37 order Order Adopting Stipulation Mon 05/21 4:09 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal Adopting36 Stipulation of Dismissal filed by Giant Snacks, Inc. (MB)
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utility Terminate Civil Case Mon 05/21 4:28 PM
Civil Case Terminated. (lh)
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Friday, May 18, 2018
36 36 misc Stipulation of Dismissal Fri 05/18 3:57 PM
STIPULATION of Dismissal With Prejudice by Giant Snacks, Inc.. (Moerke, Katherine)
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Wednesday, April 18, 2018
35 35 order Order Wed 04/18 10:16 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal. The case has settled. Closing documents are due by 5/18/2018. (MB)
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34 34 minutes Settlement Conference Wed 04/18 9:41 AM
Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Early Settlement Conference held on 4/18/2018. Case settled. (DR# 180417-000 Giant) (BG) Modified on 4/18/2018 to add DR# (rm)
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Tuesday, March 06, 2018
33 33 order Order ~Util - Set Hearings Tue 03/06 9:16 AM
(Text Only) ORDER: Early Settlement Conference set for 4/17/2018 at 9:00 AM in Fargo ADR Room before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Friday, March 02, 2018
32 32 order Order 1 - Terminate Deadlines and Hearings Fri 03/02 11:46 AM
(Text Only) ORDER: The settlement conference set for 3/06/2018 at the U.S. Courthouse in Fargo is canceled. It shall be rescheduled at a later date and time by separate order. By Magistrate Judge Charles S. Miller, Jr. (BG)
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31 31 minutes Status Conference Fri 03/02 11:34 AM
(Text Only) Minute Entry for proceedings held before Magistrate Judge Charles S. Miller, Jr.: Status Conference held on 3/2/2018. (BG)
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30 30 order Order ~Util - Set Hearings Fri 03/02 9:53 AM
(Text Only) ORDER: Status Conference set for 3/2/2018 at 11:00 AM CST by telephone before Magistrate Judge Charles S. Miller, Jr. Participants to the conference call should call the telephone number and enter the access code provided by separate email. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Thursday, February 08, 2018
29 29 order Protective Order Thu 02/08 3:34 PM
PROTECTIVE ORDER by Magistrate Judge Alice R. Senechal. (AS)
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28 28 order Order Thu 02/08 3:33 PM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal adopting the27 Stipulation for entry of a Protective Order. (AS)
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Tuesday, February 06, 2018
27 27 misc Stipulation Tue 02/06 10:53 AM
STIPULATION for a Protective Order by Giant Snacks, Inc.. (Moerke, Katherine)
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Wednesday, January 17, 2018
26 26 2 pgs order Order ~Util - Set Hearings Wed 01/17 5:04 PM
ORDER: Settlement Conference set for 3/5/2018 at 9:00 AM in Fargo ADR Room before Magistrate Judge Charles S. Miller, Jr. By Magistrate Judge Charles S. Miller, Jr. (BG)
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Thursday, January 11, 2018
25 25 notice Notice of Hearing Thu 01/11 3:06 PM
NOTICE of Hearing: Pretrial Conference set for 3/12/2019 at 09:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. Jury Trial set for 3/12/2019 at 09:30 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (Trial est. 5 days). (AS)
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24 24 5 pgs order Order ~Util - Set Hearings Thu 01/11 3:03 PM
ORDER by Magistrate Judge Alice R. Senechal. Final Pretrial Conference set for 2/27/2019 at 01:30 PM in Chambers before Magistrate Judge Alice R. Senechal. (AS)
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23 23 order Order Reassigning Case Thu 01/11 2:20 PM
(Text Only) ORDER REASSIGNING CASE to Magistrate Judge Alice R. Senechal for all further proceedings. Chief Judge Daniel L. Hovland no longer assigned to the case by Chief Judge Daniel L. Hovland. See document filed at21 .(js)
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22 22 notice Notice of Hearing Thu 01/11 2:06 PM
NOTICE of Hearing: Mid-Discovery Status Conference set for 5/9/2018 at 09:00 AM by telephone before Magistrate Judge Alice R. Senechal. Plaintiff shall initiate the call. The telephone number for chambers is 701-297-7070. (AS)
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21 21 order Scheduling Order Thu 01/11 2:02 PM
SCHEDULING ORDER by Magistrate Judge Alice R. Senechal. Discovery due by 8/31/2018. Discovery Motions due by 9/15/2018. Expert Discovery due by 10/31/2018. Joinder of Parties due by 2/1/2018. Amended Pleadings due by 2/1/2018. Other Nondispositive Motions due by 2/1/2018. Threshold Motions due by 1/15/2018. Dispositive Motions due by 11/8/2018. (AS)
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Wednesday, January 10, 2018
20 20 minutes Scheduling Conference Wed 01/10 4:57 PM
Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Scheduling Conference held on 1/10/2018. (lc)
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Friday, January 05, 2018
19 19 misc Corporate Disclosure Statement Fri 01/05 4:38 PM
Corporate Disclosure Statement by Southern Sun, LLC. (Swenson, Erik)
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Tuesday, December 26, 2017
18 18 answer Answer to Counterclaim Tue 12/26 3:32 PM
ANSWER to Counterclaim15 by Giant Snacks, Inc..(Moerke, Katherine)
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17 17 answer Answer to Counterclaim Tue 12/26 3:31 PM
ANSWER to Counterclaim13 by Giant Snacks, Inc..(Moerke, Katherine)
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Tuesday, December 05, 2017
16 16 5 pgs order Order ~Util - Set Hearings Tue 12/05 10:38 AM
ORDER for Rule 26(f) Planning Meeting and Rule 16(b) Scheduling Conference, and ORDER regarding resolution of Discovery Disputes by Magistrate Judge Alice R. Senechal. Scheduling Conference set for 1/10/2018 at 10:00 AM before Magistrate Judge Alice R. Senechal. (AS)
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Monday, December 04, 2017
15 15 answer Answer to Complaint Counterclaim Mon 12/04 4:05 PM
ANSWER to1 Complaint, with Jury Demand , COUNTERCLAIM against Giant Snacks, Inc. by Southern Sun, LLC.(Swenson, Erik)
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14 14 service Certificate of Service Mon 12/04 1:22 PM
CERTIFICATE OF SERVICE by Wild Dutchman Products, Inc. re13 Answer to Complaint, Counterclaim (Harrie, William)
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13 13 answer Answer to Complaint Counterclaim Mon 12/04 1:21 PM
ANSWER to1 Complaint, with Jury Demand Answer, Counterclaim and Jury Demand of Defendant Wild Dutchman Products, Inc. , COUNTERCLAIM against All Plaintiffs by Wild Dutchman Products, Inc..(Harrie, William)
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12 12 order Order on Motion for Leave to Appear Mon 12/04 10:32 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting10 Motion for Leave to Appear Pro Hac Vice for Attorney Erik G. Swenson. (AS) Regenerated to Attorney Swenson on 12/4/2017. (rh)
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11 11 order Order on Motion for Leave to Appear Mon 12/04 10:13 AM
(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting9 Motion for Leave to Appear Pro Hac Vice for Attorney Peter L. Crema. (AS) Modified on 12/4/2017 to correct attorney name. Regenerated to Attorney Crema. (rh)
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10 10 motion Appear Pro Hac Vice (For Court Use Only) Mon 12/04 9:59 AM
MOTION for Leave to Appear Pro Hac Vice Attorney Erik G. Swenson (Filing fee $150, receipt number 318000108) by Southern Sun, LLC. (js)
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Thursday, November 30, 2017
9 9 motion Appear Pro Hac Vice (For Court Use Only) Fri 12/01 3:53 PM
MOTION for Leave to Appear Pro Hac Vice Attorney Peter L. Creme (Filing fee $150, receipt number 318000106) by Southern Sun, LLC. (js)
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utility Docket Correction Thu 11/30 2:22 PM
*RESTRICTED - FILED IN WRONG CASE* DOCKET CORRECTION re: 40 Motion to Dismiss. Clerk's Office added more complete descriptions to the attachments. (lf) Modified on 11/30/2017 to restrict access (lf)
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utility Docket Correction Thu 11/30 2:24 PM
DOCKET CORRECTION re: Docket Correction filed 11/30/2017. Docket Correction was filed in the incorrect case and has been restricted. (lf)
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Wednesday, November 29, 2017
8 8 notice Notice of Appearance Wed 11/29 8:24 AM
NOTICE of Appearance by Corey J. Quinton on behalf of Southern Sun, LLC (Quinton, Corey)
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Tuesday, November 14, 2017
7 7 service Summons Returned Executed Tue 11/14 12:34 PM
SUMMONS Returned Executed by Giant Snacks, Inc.. (Moerke, Katherine)
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6 6 service Summons Returned Executed Tue 11/14 12:31 PM
SUMMONS Returned Executed by Giant Snacks, Inc.. Southern Sun, LLC served on 11/13/2017, answer due 12/4/2017 (Moerke, Katherine)
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5 5 service Summons Returned Executed Tue 11/14 12:29 PM
SUMMONS Returned Executed by Giant Snacks, Inc.. Wild Dutchman Products, Inc. served on 11/13/2017, answer due 12/4/2017 (Moerke, Katherine)
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Thursday, November 09, 2017
utility Docket Correction Thu 11/09 11:26 AM
DOCKET CORRECTION re:1 COMPLAINT. Attachment 1: Civil Cover Sheet contained an error in document. Clerks office restricted access to document and added corrected Civil Cover Sheet as Attachment 2. (js)
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Wednesday, November 08, 2017
4 4 misc Corporate Disclosure Statement Wed 11/08 3:41 PM
Corporate Disclosure Statement by Giant Snacks, Inc. (as)
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3 3 misc Patent Report Wed 11/08 3:40 PM
REPORT on the filing or determination of an action regarding Trademark. Form emailed to register. (as)
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2 2 service Summons Issued Wed 11/08 3:32 PM
Summons Issued as to Southern Sun, LLC, Wild Dutchman Products, Inc.. (as)
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1 1 cmp Complaint Wed 11/08 3:29 PM
COMPLAINT against Southern Sun, LLC, Wild Dutchman Products, Inc. (Filing fee $400, receipt number 318000075) filed by Giant Snacks, Inc.(as)
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Att: 1 Civil Cover Sheet