Markos v. Russell Brands, LLC (7:16-cv-04362)

CIVIL COVER SHEET filed. (Sultzer, Jason) (Entered: 06/10/2016)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php. (vf)

Case Designated ECF. (vf)

ORDER granting 5 Motion for Melissa W. Wolchansky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 06/21/2016)

NOTICE OF APPEARANCE by George Volney Granade on behalf of Jaish Markos. (Granade, George) (Entered: 07/12/2016)

NOTICE OF APPEARANCE by Joshua Simon Levy on behalf of Russell Brands, LLC. (Levy, Joshua) (Entered: 08/10/2016)

LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Cathy Seibel from Joshua S. Levy dated August 10, 2016. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 08/10/2016)

Set/Reset Deadlines: Russell Brands, LLC answer due 9/16/2016. (yv)

LETTER MOTION for Conference in anticipation of filing a motion to dismiss addressed to Judge Cathy Seibel from Joshua S. Levy dated September 16, 2016. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 09/16/2016)

ORDER granting 14 Letter Motion for Conference: Pre-Motion Conference set for 9/28/16 at 3:00 pm. Plaintiff shall state his position, by letter of no more than 3 pages, by 9/23/16. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 09/16/2016)

LETTER addressed to Judge Cathy Seibel from Joseph Lipari, Esq. dated 9/23/2016 re: Response to defendants September 16th correspondence. Document filed by Jaish Markos.(Lipari, Joseph) (Entered: 09/23/2016)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Michael R. McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12806938. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any pre-motion conference in connection with a motion to amend or join additional parties must be requested by 1/3/2017. Deposition due by 2/28/2017. All Fact Discovery due by 2/28/2017. All Expert Discovery due by 4/28/2017. Next Case Management Conference set for 3/6/2017 at 10:00 AM before Judge Cathy Seibel. This case has been designated to the Honorable Paul Davison, United States Magistrate Judge, for discovery disputes if the Court is unavailable. Upon both parties signing a Consent for Trial Before a United Stat.es Magistrate Judge pursuant to 28 U.S.C. ยง 636(c) (available on the Court's website), the Magistrate Judge may amend this Plan and Order, and will, at the appropriate time, set a date certain for trial. So Ordered. (Signed by Judge Cathy Seibel on 9/29/16) (yv) (Entered: 09/30/2016)

ENDORSED LETTER addressed to Judge Cathy Seibel from Michael R. McDonald dated 11/30/16 re: request for an informal conference. ENDORSEMENT: This request by Defendant may be premature, given that Plaintiff had 30 days to respond to the document request, but given that the testing documents seemingly should have been included in Rule 26 disclosures, and given the failure to return messages, there may in fact be a problem here. Accordingly, a discovery conference will be held on 1/3/17 at 11:15 am. Plaintiff is to state his position, by letter of no more than 3 pages, by 12/21/16. Defendant is directed to file a copy of this letter with attachments on ECF. So Ordered., (Discovery Hearing set for 1/3/2017 at 11:15 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 12/5/16) (yv) (Entered: 12/05/2016)

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Protective Order . Document filed by Jaish Markos.(Lipari, Joseph) Modified on 1/18/2017 (db). (Entered: 12/20/2016)

LETTER addressed to Judge Cathy Seibel from Michael R. McDonald, Esq. dated December 21, 2016 re: Defendant's November 30, 2016 letter (Dkt. No. 23). Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 12/21/2016)

MEMO ENDORSEMENT on 26 LETTER addressed to Judge Cathy Seibel from Michael R. McDonald, Esq. dated December 21, 2016 re: Defendant's November 30, 2016 letter (Dkt. No. 23). ENDORSEMENT: Application granted. 1/3/17 conference adjourned to 1/27/17 at 3:30 pm, which will be a phone conference. Plaintiff's counsel should set up a conference call and dial in to the courtroom at914-390-4191. SO ORDERED. (Terminated Hearing: 1/3/2017 Discovery Conference) (Telephone Conference set for 1/27/2017 at 03:30 PM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 12/22/2016) (lnl) (Entered: 12/22/2016)

ORDER granting 29 Letter Motion for Extension of Time to Complete Discovery: act discovery deadline is extended to 4/28/17. Expert discovery deadline to be determined. The 1/27/17 conference is cancelled as unnecessary. The 3/6/17 conference remains on. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 01/25/2017)

LETTER addressed to Judge Cathy Seibel from Joshua S. Levy dated February 7, 2017 re: Expert Discovery Plan & Case Management Deadlines. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 02/07/2017)

NOTICE OF COURT CONFERENCE re: 32 Memo Endorsement. To clarify, the conference in this case is scheduled for March 6, 2017 at 10:00 a.m., not March 7, 2017 as erroneously stated in Doc. No. 32. So Ordered. (Signed by Judge Cathy Seibel on 3/3/17) (yv) (Entered: 03/03/2017)

LETTER addressed to Judge Cathy Seibel from Joshua S. Levy dated April 7, 2017 re: Joint Proposed Expert Discovery Plan. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 04/07/2017)

LETTER addressed to Judge Cathy Seibel from Adam Gonnelli, Esq. dated July 3, 2017 re: proposed revised scheduling order. Document filed by Jaish Markos. (Attachments: # 1 Text of Proposed Order Proposed Revised Scheduling Order)(Gonnelli, Adam) (Entered: 07/03/2017)

LETTER addressed to Judge Cathy Seibel from Melissa S. Weiner dated October 18, 2017 re: Extension of Expert Deadlines. Document filed by Jaish Markos. (Attachments: # 1 Text of Proposed Order)(Weiner, Melissa) (Entered: 10/18/2017)

LETTER addressed to Judge Cathy Seibel from Michael R. McDonald, Esq. dated November 10, 2017 re: Discovery Dispute. Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 11/10/2017)

LETTER addressed to Judge Cathy Seibel from Joshua S. Levy dated November 16, 2017 re: Withdrawing Nov. 10 Letter. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 11/16/2017)

LETTER addressed to Judge Cathy Seibel from Michael R. McDonald dated December 18, 2017 re: Expert Discovery Production & Deadlines. Document filed by Russell Brands, LLC. (Attachments: # 1 Exhibit, # 2 Exhibit)(Levy, Joshua) (Entered: 12/18/2017)

LETTER MOTION to Seal Document addressed to Judge Cathy Seibel from Michael R. McDonald dated February 2, 2018. Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 02/02/2018)

MEMO ENDORSEMENT on re: 47 Letter filed by Russell Brands, LLC.ENDORSEMENT: The proposed motions will be discussed at the conference previously set for 2/16/18 at 3:30pm. Plaintiff is directed to respond by letter of no more than 3 pages by 2/9/18. (Signed by Judge Cathy Seibel on 2/2/2018) (jwh) (Entered: 02/02/2018)

SEALED DOCUMENT placed in vault.(ast) (Entered: 02/05/2018)

LETTER addressed to Judge Cathy Seibel from Adam Gonnelli, Esq. dated February 9, 2018 re: Opposition to Defendant's February 2, 2018 pre-motion letter. Document filed by Jaish Markos.(Gonnelli, Adam) (Entered: 02/09/2018)

LETTER addressed to Judge Cathy Seibel from Joshua S. Levy dated February 13, 2018 re: Request to Reschedule Conference. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 02/13/2018)

MEMO ENDORSEMENT on re: 54 Letter filed by Russell Brands, LLC. ENDORSEMENT: Conference adjourned to 2/27/18 at 11 am. (Conference set for 2/27/2018 at 11:00 AM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 2/13/2018) (mml) (Entered: 02/13/2018)

LETTER addressed to Judge Cathy Seibel from Joshua S. Levy dated Apr. 26, 2018 re: Briefing Page Limits. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 04/26/2018)

FIRST LETTER MOTION for Extension of Time to File Motions and Responding Papers addressed to Judge Cathy Seibel from Michael R. McDonald, Esq. dated June 21, 2018. Document filed by Russell Brands, LLC. (Attachments: # 1 Text of Proposed Order)(Levy, Joshua) (Entered: 06/21/2018)

Set/Reset Deadlines: Motions due by 10/19/2018. Responses due by 10/19/2018 Replies due by 10/19/2018. (rj)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 61 MOTION for Amy E. Boyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15510174. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

CONSENT LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Cathy Seibel from Michael R. Reese dated September 13, 2018. Document filed by Jaish Markos. (Attachments: # 1 Text of Proposed Order)(Reese, Michael) (Entered: 09/13/2018)

Set/Reset Deadlines: Motions due by 11/30/2018. (mml)

MEMO ENDORSEMENT on re: 65 Letter filed by Russell Brands, LLC. ENDORSEMENT: Both parties may have up to 15 pages for their reply briefs, but they are encouraged to be as concise as possible. SO ORDERED. (Signed by Judge Cathy Seibel on 10/11/2018) (mml) (Entered: 10/11/2018)

ORDER granting 67 Motion to Withdraw as Attorney. The Court, having considered the Motion to Withdraw as Co-Counsel, hereby GRANTS the Motion. Melissa S. Weiner shall be removed as counsel of record for Plaintiff(s) and from the service list. The action shall proceed with Reese LLP, The Sultzer Law Group, P.C., and Halunen Law as counsel of record for Plaintiff(s). IT IS SO ORDERED. The Clerk shall terminate Doc. 67. Attorney Melissa S Weiner terminated. (Signed by Judge Cathy Seibel on 11/2/2018) (mml) (Entered: 11/02/2018)

REVISED SCHEDULING ORDER: Superseding any previous scheduling order(s) in the above-captioned matter: a. Briefs in reply to opposition to motions to exclude expert witnesses are to be served and filed (along with all outstanding motions and responding papers) on: December 7, 2018. SO ORDERED. Motions due by 12/7/2018. Responses due by 12/7/2018. Replies due by 12/7/2018. (Signed by Judge Cathy Seibel on 11/27/2018) (mml) (Entered: 11/27/2018)

REVISED SCHEDULING ORDER granting 71 Letter Motion for Extension of Time. Superseding any previous scheduling order(s) in the above-captioned matter: a. Briefs in reply to opposition to motions to exclude expert witnesses are to be served and filed (along with all outstanding motions and responding papers) on: December 14, 2018. The Clerk shall terminate Doc. 71. Motions due by 12/14/2018. (Signed by Judge Cathy Seibel on 12/4/2018) (mml) Modified on 4/9/2019 (mml). (Entered: 12/04/2018)

LETTER MOTION to Seal Document addressed to Judge Cathy Seibel from Joshua S. Levy dated December 12, 2018. Document filed by Russell Brands, LLC.(Levy, Joshua) (Entered: 12/12/2018)

ORDER granting 73 Motion to Seal Document: The parties may file on the ECF system copies of their motion papers that redact out proprietary/confidential information, and may file unredacted copies under seal. They should also provide unredacted hard copies to chambers. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 12/12/2018)

MOTION to Certify Class . Document filed by Jaish Markos.(Sultzer, Jason) (Entered: 12/14/2018)

MOTION for Summary Judgment . Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 12/14/2018)

RULE 56.1 STATEMENT. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Angie Doig in Support re: 78 MOTION for Summary Judgment .. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Lynn Smith in Support re: 78 MOTION for Summary Judgment .. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

CERTIFICATE OF SERVICE. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Jason Sultzer in Opposition re: 78 MOTION for Summary Judgment .. Document filed by Jaish Markos. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 85 Proposed Order was reviewed and approved as to form. (km)

MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences. Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 12/14/2018)

PROPOSED ORDER. Document filed by Russell Brands, LLC. Related Document Number: [ECF 91]. (McDonald, Michael) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 12/14/2018)

MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering. Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 12/14/2018)

PROPOSED ORDER. Document filed by Russell Brands, LLC. Related Document Number: [ECF 95]. (McDonald, Michael) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 12/14/2018)

MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc.. Document filed by Russell Brands, LLC.(McDonald, Michael) (Entered: 12/14/2018)

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 97 Proposed Order was reviewed and approved as to form. (km)

CERTIFICATE OF SERVICE of Motion to Preclude Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc.. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Michael R. McDonald in Opposition to Motion for Class Certification and in Support of Motion to Preclude Report and Testimony of Plaintiffs Expert Witnesses in Opposition re: 76 MOTION to Certify Class ., 95 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering., 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc.., 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences.. Document filed by Russell Brands, LLC. (Attachments: # 1 Exhibit A (filed under seal), # 2 Exhibit B (filed under seal), # 3 Exhibit C (filed under seal), # 4 Exhibit D (filed under seal), # 5 Exhibit E (filed under seal), # 6 Exhibit F (filed under seal), # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O (filed under seal), # 16 Exhibit P (filed under seal), # 17 Exhibit Q (filed under seal), # 18 Exhibit R (filed under seal), # 19 Exhibit S (filed under seal), # 20 Exhibit T (filed under seal), # 21 Exhibit U, # 22 Exhibit V (filed under seal), # 23 Exhibit W (filed under seal), # 24 Exhibit X (filed under seal), # 25 Exhibit Y (filed under seal), # 26 Exhibit Z (filed under seal), # 27 Exhibit AA (filed under seal), # 28 Exhibit BB (filed under seal), # 29 Exhibit CC (filed under seal), # 30 Exhibit DD, # 31 Exhibit EE (filed under seal), # 32 Exhibit FF, # 33 Exhibit GG (filed under seal), # 34 Exhibit HH (filed under seal), # 35 Exhibit II, # 36 Exhibit JJ (filed under seal), # 37 Exhibit KK (filed under seal), # 38 Exhibit LL (filed under seal), # 39 Exhibit MM, # 40 Exhibit NN (filed under seal), # 41 Exhibit OO (filed under seal), # 42 Exhibit PP (filed under seal), # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS)(McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Brian Collins in support Motion to Preclude Report and Testimony of Plaintiffs Expert Witnesses and in Opposition to Motion for Class Certification in Opposition re: 76 MOTION to Certify Class ., 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc.., 95 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering., 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences.. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

CERTIFICATE OF SERVICE of Motions to Preclude Report and Testimony of Plaintiffs Expert Witnesses and Opposition to Motion for Class Certification. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of Adam Gonnelli in Opposition re: 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences.. Document filed by Jaish Markos. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

DECLARATION of Adam Gonnelli in Opposition re: 95 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering.. Document filed by Jaish Markos. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

DECLARATION of Amy E. Boyle in Opposition re: 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc... Document filed by Jaish Markos. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

DECLARATION of George V. Granade in Support re: 76 MOTION to Certify Class .. Document filed by Jaish Markos. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

DECLARATION of Brian Collins in Further Support of Motion for Summary Judgment in Support re: 78 MOTION for Summary Judgment .. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

CERTIFICATE OF SERVICE of Reply in Further Support of Motion for Summary Judgment. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

MEMORANDUM OF LAW in Support re: 120 MOTION to Strike Document No. [ECF 89 - Portions of Plaintiff's 56.1 Response Statement] . . Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

CERTIFICATE OF SERVICE of Defendant's Motion to Strike Document No. [ECF 89 - Portions of Plaintiff's 56.1 Response Statement]. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

DECLARATION of George V. Granade in Opposition re: 120 MOTION to Strike Document No. [ECF 89 - Portions of Plaintiff's 56.1 Response Statement] .. Document filed by Jaish Markos. (Attachments: # 1 Exhibit)(Sultzer, Jason) (Entered: 12/14/2018)

REPLY MEMORANDUM OF LAW in Support re: 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences. . Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

REPLY MEMORANDUM OF LAW in Support re: 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc.. . Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

CERTIFICATE OF SERVICE of Reply in Further Support of Motion to Exclude Plaintiff's Expert Witnesses and to Strike Portions of Plaintiff's 56.1 Response Statement. Document filed by Russell Brands, LLC. (McDonald, Michael) (Entered: 12/14/2018)

SEALED DOCUMENT placed in vault.(bal) (Entered: 01/14/2019)

NOTICE OF COURT CONFERENCE: Oral argument on the Daubert motions only (Docs. 91, 95, 99) is scheduled for June 12, 2019 at 9:30 a.m. before the Honorable Cathy Seibel at the Charles L. Brieant United States District Courthouse, 300 Quarropas Street, White Plains, New York 10601 in Courtroom 621. Oral Argument set for 6/12/2019 at 09:30 AM in Courtroom 621, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml) (Entered: 05/29/2019)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 135 MOTION for Charles D. Moore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17031664. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

Minute Entry for proceedings held before Judge Cathy Seibel: Oral Argument held on 6/12/2019 re: 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc. filed by Russell Brands, LLC, 95 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering filed by Russell Brands, LLC, 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences filed by Russell Brands, LLC. The Court hears Oral Argument from the parties regarding the Daubert motions. For the reasons stated on the record, Defendant's motions to exclude testimony of Plaintiff's experts Jeffrey McFadden, Stuart Brown and Colin Weir are GRANTED IN PART and DENIED IN PART. The Clerk is directed to terminate motions # 91, 95 and 99. The Court directs the parties to submit letter (of no greater than four (4) pages) with regard to how the parties think the Court's ruling should affect assessment of Summary Judgment and Class Certification motions by June 26, 2019. See transcript. Motion(s) terminated: 99 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Colin Weir, Economics and Technology, Inc. filed by Russell Brands, LLC, 95 MOTION to Preclude the Report and Testimony of Plaintiffs Expert Witness Stuart Brown, Veryst Engineering filed by Russell Brands, LLC, 91 MOTION to Preclude Report and Testimony of Plaintiffs Expert Witness Jeffrey McFadden, i3 Engineering Sciences filed by Russell Brands, LLC. (Court Reporter Sabrina D'Emidio) (wc)