Polypack, Inc. v. Nestle USA, Inc.

Florida Middle District Court
Judge:	Sean P Flynn
Referred:	Sean P Flynn
Case #:	8:23-cv-00318
Nature of Suit	190 Contract - Other Contract
Cause	28:1332 Diversity-Contract Dispute

Case Filed:	Feb 14, 2023
Re-opened:	Jul 14, 2023
Terminated:	Apr 26, 2023

Docket
Parties (4)

Last checked: Sunday Aug 13, 2023 6:08 AM EDT

Counter Claimant Nestle USA, Inc.	Represented By Chad J. Shifrin Laurie & Brennan LLP contact info Peter A Luccarelli, III Sisco-Law contact info Dale R. Sisco Sisco-Law contact info Marissa L. Downs Laurie & Brennan, LLP contact info
Counter Defendant Polypack, Inc.	Represented By Carlos Fernando Gonzalez Carlos F. Gonzalez, P.A. contact info Guy A. Lewis The Law Office Of Guy A. Lewis, PLLC contact info
Defendant Nestle USA, Inc. PO Box 5805 Troy, MI 48007	Represented By Chad J. Shifrin Laurie & Brennan LLP contact info Peter A Luccarelli, III Sisco-Law contact info Dale R. Sisco Sisco-Law contact info Marissa L. Downs Laurie & Brennan, LLP contact info
Plaintiff Polypack, Inc. 3301 Gateway Centre Blvd Pinellas Park, Florida, FL 33782	Represented By Carlos Fernando Gonzalez Carlos F. Gonzalez, P.A. contact info Guy A. Lewis The Law Office Of Guy A. Lewis, PLLC contact info

Docket last updated: 05/09/2025 11:59 PM EDT

Thursday, May 08, 2025
173		173 order Order directing response to motion Thu 05/08 5:05 PM ENDORSED ORDER directing Polypack, Inc. to respond to 169 MOTION for Judgment as a Matter of Law on or before 5/21/2025. Signed by Magistrate Judge Sean P. Flynn on 5/8/2025. (CED) Related: [-]
172		172 trial Jury Instructions Thu 05/08 5:02 PM Jury Instructions. (CED) Related: [-]
Wednesday, May 07, 2025
179		179 trial Jury Verdict Thu 05/08 8:48 PM JURY VERDICT Polypack Inc. v. Nestle USA, Inc.(EJC) Related: [-]
		Att: 1 Restricted Unredacted
178		178 minutes Jury Trial - Completed Order on Motion for Miscellaneous Relief Thu 05/08 8:45 PM Minute Entry. In Person Proceedings held before Magistrate Judge Sean P. Flynn: ORAL ORDER granting 174 Oral Motion to admit into evidence by Defendant Exhibits DX4, DX81, DX102, DX105, DX106, DX130, DX131, DX156, JX29, DX91, DX115, DX138, DX9, DX12, DX18, DX19, DX23, DX28, DX33, DX40, DX41, DX48, DX49, DX51, DX54, DX57, DX59, DX66, DX68; JURY TRIAL Day Eight completed on 5/7/2025. Court Reporter: Rebecca Sabo (EJC) Related: [-]
177		177 trial Jury Notes Thu 05/08 8:37 PM JURY NOTES Polypack, Inc. v. Nestle USA, Inc..(EJC) Related: [-]
		Att: 1 Restricted Unredacted
176		176 trial Jury Notes Thu 05/08 8:05 PM JURY NOTES as to Polypack, Inc. v. Nestle, USA.(EJC) Related: [-]
		Att: 1 Restricted Unredacted
175		175 motion Directed Verdict Thu 05/08 7:26 PM ORAL MOTION for Directed Verdict by Polypack, Inc.. (EJC) Related: [-]
174		174 motion Miscellaneous Relief Thu 05/08 7:24 PM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence by Defendant Exhibits DX4, DX81, DX102, DX105, DX106, DX130, DX131, DX156, JX29, DX91, DX115, DX138, DX9, DX12, DX18, DX19, DX23, DX28, DX33, DX40, DX41, DX48, DX49, DX51, DX54, DX57, DX59, DX66, DX68 by Nestle USA, Inc.. (EJC) Related: [-]
171		171 trial Jury Instructions Wed 05/07 4:24 PM Interim Jury Instructions. (CED) Related: [-]
170		170 trial Jury Instructions Wed 05/07 12:51 PM Interim Jury Instructions. (CED) Related: [-]
169		169 motion Judgment as a Matter of Law Wed 05/07 11:54 AM MOTION for Judgment as a Matter of Law by Nestle USA, Inc.. (Luccarelli, Peter) Related: [-]
Tuesday, May 06, 2025
168		168 minutes Jury Trial - Held Order on Motion for Miscellaneous Relief Wed 05/07 9:55 AM Minute Entry. In Person Proceedings held before Magistrate Judge Sean P. Flynn: ORAL ORDER granting 167 Oral Motion to admit into evidence by Defendant Exhibits JX93, JX94, JX115, JX116, JX117, JX143, JX144, JX149, DX146, DX148, DX50, DX53, DX56, DX60, JX51, JX52, JX53, PX17; JURY TRIAL Day Seven held on 5/6/2025. Court Reporter: Rebecca Sabo (EJC) Related: [-]
167		167 motion Miscellaneous Relief Wed 05/07 9:22 AM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence Exhibits JX93, JX94, JX115, JX116, JX117, JX143, JX144, JX149, DX146, DX148, DX50, DX53, DX56, DX60, JX51, JX52, JX53, PX17 by Nestle USA, Inc.. (EJC) Related: [-]
Monday, May 05, 2025
166		166 trial Jury Notes Mon 05/05 5:49 PM SEALED JURY NOTES jury trial day six. (EJC) Related: [-]
165		165 trial Jury Notes Mon 05/05 5:38 PM JURY NOTES jury trial day six. (EJC) Related: [-]
164		164 minutes Jury Trial - Held Order on Motion for Miscellaneous Relief Mon 05/05 5:35 PM Minute Entry. In Person Proceedings held before Magistrate Judge Sean P. Flynn: ORAL ORDER granting 162 Oral Motion to admit into evidence by Defendant Exhibits JX87, DX27, DX99, JX26, JX121, X122, JX123, JX124, JX129, DX118, DX98, DX93, DX100, DX119, DX101, DX01, DX63, DX77, DX107, JX13, DX83, DX46, DX87, JX60, DX136, DX95, DX137, JX138, JX92, DX96, JX67, JX68, DX141, DX97, DX146, JX86 DX65, DX22, JX55, JX91, JX110, DX71, DX72, DX73, DX74, DX75, DX76, DX79, DX80, DX139granting 163 Oral Motion to admit into evidence by Plaintiff Exhibits JX 25, JX50, JX59, JX60, JX61, JX62; JURY TRIAL Day Six held on 5/5/2025. Court Reporter: Rebecca Sabo (EJC) Related: [-]
163		163 motion Miscellaneous Relief Mon 05/05 5:29 PM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence by Plaintiff Exhibits JX 25, JX50, JX59, JX60, JX61, JX62 by Polypack, Inc.. (EJC) Related: [-]
162		162 motion Miscellaneous Relief Mon 05/05 5:28 PM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence by Defendant Exhibits JX87, DX27, DX99, JX26, JX121, X122, JX123, JX124, JX129, DX118, DX98, DX93, DX100, DX119, DX101, DX01, DX63, DX77, DX107, JX13, DX83, DX46, DX87, JX60, DX136, DX95, DX137, JX138, JX92, DX96, JX67, JX68, DX141, DX97, DX146, JX86 DX65, DX22, JX55, JX91, JX110, DX71, DX72, DX73, DX74, DX75, DX76, DX79, DX80, DX139 by Nestle USA, Inc.. (EJC) Related: [-]
Friday, May 02, 2025
161		161 minutes Jury Trial - Held Order on Motion for Miscellaneous Relief Fri 05/02 5:32 PM Minute Entry. In Person Proceedings held before Magistrate Judge Sean P. Flynn: granting 159 Motion to admit into evidence by Defendant Exhibits DX58, DX89, DX111, DX112, DX114, DX116, DX117, DX163, JX20, JX28, JX14, JX75, JX76, JX77, JX78, JX79, JX99, JX104, JX131, JX134, JX135, JX139, DX84, DX90, DX125, DX126, DX127, DX128, DX129, DX132, DX133, DX135, DX147; granting 160 Motion to admit into evidence by Plaintiff Exhibits PX16, JX46, JX47; JURY TRIAL held on 5/2/2025. Court Reporter: Rebecca Sabo (EJC) Related: [-]
160		160 motion Miscellaneous Relief Fri 05/02 5:26 PM ORAL MOTION for Miscellaneous Relief, to admit into evidence by Plaintiff Exhibits PX16, JX46, JX47 by Polypack, Inc.. (EJC) Related: [-]
159		159 motion Miscellaneous Relief Fri 05/02 5:21 PM ORAL MOTION by for Miscellaneous Relief, to admit into evidence by Defendant Exhibits DX58, DX89, DX111, DX112, DX114, DX116, DX117, DX163, JX20, JX28, JX14, JX75, JX76, JX77, JX78, JX79, JX99, JX104, JX131, JX134, JX135, JX139, DX84, DX90, DX125, DX126, DX127, DX128, DX129, DX132, DX133, DX135, DX147 by Nestle USA, Inc.. (EJC) Related: [-]
Thursday, May 01, 2025
158		158 trial Exhibit List Thu 05/01 10:45 PM Exhibit List Amended by Nestle USA, Inc.. (Downs, Marissa) Related: [-]
157		157 minutes Jury Trial - Held Order on Motion for Miscellaneous Relief Thu 05/01 5:53 PM Minute Entry. In Person Proceedings held before Magistrate Judge Sean P. Flynn: ORAL ORDER granting 153 Oral Motion to admit into evidence by Plaintiff exhibits PX1, PX3, PX5, JX63, JX68, JX69, JX70, JX71, JX72, JX74, JX75, JX76, JX77, JX78, JX79, JX84, JX85, JX88, JX89, JX90, JX95, JX96, JX98, JX99, JX100, JX103, JX107, JX108, JX109, JX113, JX114, JX125, JX126, JX127, JX130, JX142, JX146, JX147; granting 154 Oral Motion to admit into evidence by Defendant Exhibits PX1, JX22, JX35, JX81, DX5, DX6, DX7, DX10, DX15, DX16, DX35, DX38, DX39, DX64, DX70, DX78, DX159, DX160, DX161,JX21, JX22, JX30, JX31, JX32, JX33, JX35, DX3, DX8, DX14, DX15, DX21, DX55, DX62, DX162; JURY TRIAL Day Four held on 5/1/2025. Court Reporter: Rebecca Sabo (EJC) Related: [-]
156		156 order Order on Motion for Directed Verdict Thu 05/01 5:42 PM ORAL ORDER denying 155 Motion for Directed Verdict for the reasons stated by Plaintiff on the record. Signed by Magistrate Judge Sean P. Flynn on 5/1/2025. (EJC) Related: [-]
155		155 motion Directed Verdict Thu 05/01 5:41 PM ORAL MOTION for Directed Verdict by Nestle USA, Inc.. (EJC) Related: [-]
154		154 motion Miscellaneous Relief Thu 05/01 5:38 PM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence by Defendant Exhibits PX1, JX22, JX35, JX81, DX5, DX6, DX7, DX10, DX15, DX16, DX35, DX38, DX39, DX64, DX70, DX78, DX159, DX160, DX161,JX21, JX22, JX30, JX31, JX32, JX33, JX35, DX3, DX8, DX14, DX15, DX21, DX55, DX62, DX162 by Nestle USA, Inc.. (EJC) Related: [-]
153		153 motion Miscellaneous Relief Thu 05/01 5:33 PM ORAL MOTION for Miscellaneous Relief, specifically to admit into evidence by Plaintiff exhibits PX1, PX3, PX5, JX63, JX68, JX69, JX70, JX71, JX72, JX74, JX75, JX76, JX77, JX78, JX79, JX84, JX85, JX88, JX89, JX90, JX95, JX96, JX98, JX99, JX100, JX103, JX107, JX108, JX109, JX113, JX114, JX125, JX126, JX127, JX130, JX142, JX146, JX147 by Polypack, Inc.. (EJC) Related: [-]

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