United States of America v. Spectrum Brands, Inc.

Filing 242

Transmission of Notice of Appeal, Orders, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 240 Notice of Appeal, (Attachments: # 1 Order No.: 196, # 2 Order No.: 234, # 3 Judgment, # 4 Docket Sheet) (lak)

3015, APPEAL, CLOSED, DECLINE_MJ, DPM, PROTECTIVE_ORDER, UA,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:15-cv-00371-wmc

United States of America v. Spectrum Brands, Inc.
Assigned to: District Judge William M. Conley
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 28:1331 Fed. Question

Date Filed: 06/17/2015
Date Terminated: 10/03/2017
Jury Demand: None
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: U.S. Government Plaintiff

Plaintiff
United States of America

represented by Alan Phelps
U.S. Dept. of Justice
450 5th St. NW
Rm. 6400
Washington, DC 20001
202-307-6154
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Monica Christine Groat
U.S. Department of Justice
Consumer Protection Branch
P.O. Box 386
Washington, DC 20044-0386
202-532-4218
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Thomas Edward Ross
U.S. Department of Justice
Consumer Protection Branch
P.O. Box 386
Washington, DC 20044-0386
202-598-8697
Fax: [phone]
Email: [e-mail]
TERMINATED: 06/14/2017

V.
Defendant
Spectrum Brands, Inc.

represented by Timothy Leffard Mullin , Jr.
Miles & Stockbridge PC
Suite 800
100 Light Street

Baltimore, MD 21202
410-385-3641
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eric J. Wilson
Godfrey & Kahn S.C.
One East Main Street
Suite 500
P.O. Box 2719
Madison, WI 53701-2719
[phone]
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Erika Ziebarth Jones
Mayer Brown LLP
1999 K St NW
Washington, DC 20006
202-263-3232
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Jennifer Lynn Gregor
Godfrey & Kahn S.C.
One East Main Street
Suite 500
P.O. Box 2719
Madison, WI 53701-2719
608-284-2629
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Kevin James Penhallegon
Miles & Stockbridge PC
Suite 700
100 Light Street
Baltimore, MD 21202
410-385-3678
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Mark Warren Hancock
Godfrey & Kahn
One East Main Street
Ste. 500

Madison, WI 53701
608-284-2251
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED
Amicus
Association of Home Appliance
Manufacturers

Date Filed
06/17/2015

#

represented by Matthew Adam Riche Cohen
Mintz Levin
701 Pennsylvania Ave, NW
Suite 900
Washington, DC 20036
202-434-7348
Fax: [phone]
Email: [e-mail]
TERMINATED: 12/13/2016

Docket Text
1 COMPLAINT against Spectrum Brands, Inc.. Service to be completed by Waiver of Service of
Summons., filed by United States of America. (Attachments:
# 1 JS-44 Civil Cover Sheet) (Phelps, Alan) (Entered: 06/17/2015)

06/18/2015

Case randomly assigned to Magistrate Judge Stephen L. Crocker. (voc) (Entered: 06/18/2015)

06/18/2015

Standard attachments for Magistrate Judge Stephen L. Crocker required to be served on all
parties with summons or waiver of service: Corporate Disclosure Statement, Order Regarding
Assignment of Civil Cases, Notice of Assignment to a Magistrate Judge and Consent/Request
for Reassignment, Order on Dispositive Motions. (voc) (Entered: 06/18/2015)

07/07/2015

2 Waiver of Service Returned Executed by Defendant Spectrum Brands, Inc. Spectrum Brands,
Inc. waiver sent on 6/17/2015, answer due 8/17/2015. (Phelps, Alan) (Entered: 07/07/2015)

08/07/2015

3 Motion to Admit Timothy Leffard Mullin, Jr., Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1612148.) by Defendant Spectrum Brands, Inc. (Mullin, Timothy) (Entered:
08/07/2015)

08/07/2015

4 ** TEXT ONLY ORDER **
ORDER granting 3 Motion to Admit Timothy Leffard Mullin, Jr., Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 8/7/2015. (lak) (Entered: 08/07/2015)

08/07/2015

5 Notice of Appearance filed by Thomas Edward Ross for Plaintiff United States of America.
(Ross, Thomas) (Entered: 08/07/2015)

08/14/2015

6 MOTION TO DISMISS Count IV of Plaintiff's Complaint for Failure to State a Claim by
Defendant Spectrum Brands, Inc. Brief in Opposition due 9/4/2015. Brief in Reply due
9/14/2015. (Attachments:
# 1 Text of Proposed Order) (Mullin, Timothy) Modified on 8/17/2015: Brief in Support must
be filed as a separate docket entry. (lak) Modified on 11/18/2016 (voc). (Entered: 08/14/2015)

08/14/2015

7 Corporate Disclosure Statement by Defendant Spectrum Brands, Inc. (Mullin, Timothy)
(Entered: 08/14/2015)

08/17/2015

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 9/11/2015 at 02:30
PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff responsible for setting up

the call to chambers at [phone]. [Standing Order Governing Preliminary Pretrial
Conference attached] (voc) (Entered: 08/17/2015)
08/17/2015

8 Brief in Support of 6 Motion to Dismiss, by Defendant Spectrum Brands, Inc. (Mullin,
Timothy) (Entered: 08/17/2015)

08/19/2015

Telephone Pretrial Conference rescheduled from 9/11/2015 to 9/18/2015 at 02:30 PM at the
request of counsel for the defendant. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. [Standing Order Governing Preliminary Pretrial Conference
attached] (voc) (Entered: 08/19/2015)

08/21/2015

Case randomly reassigned to District Judge William M. Conley and Magistrate Judge Stephen
L. Crocker. (cak) (Entered: 08/21/2015)

08/21/2015

9 Notice of Appearance filed by Eric J. Wilson for Defendant Spectrum Brands, Inc. (Wilson,
Eric) Modified on 8/24/2015. (lak) (Entered: 08/21/2015)

08/31/2015

10 Motion to Admit Kevin James Penhallegon Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1628150.) by Defendant Spectrum Brands, Inc.. Motions referred to Magistrate
Judge Stephen L. Crocker. (Penhallegon, Kevin) (Entered: 08/31/2015)

08/31/2015

11 ** TEXT ONLY ORDER **
ORDER granting 10 Motion to Admit Kevin James Penhallegon Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 8/31/2015. (lak) (Entered: 08/31/2015)

09/04/2015

12 Brief in Opposition by Plaintiff United States of America re: 6 Motion to Dismiss, filed by
Spectrum Brands, Inc. (Ross, Thomas) (Entered: 09/04/2015)

09/14/2015

13 Brief in Reply by Defendant Spectrum Brands, Inc. in Support of 6 Motion to Dismiss,
(Attachments:
# 1 Exhibit A - United States v. Brooklyn Sleep Products, Inc. and Francisco Chavez)
(Penhallegon, Kevin) Modified on 9/15/2015: Added the exhibit description. (lak) (Entered:
09/14/2015)

09/15/2015

14 Joint Preliminary Pretrial Conference Report by Defendant Spectrum Brands, Inc. (Wilson,
Eric) (Entered: 09/15/2015)

09/24/2015

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Preliminary Pretrial Conference held on 9/18/2015 [:15] (cak) (Entered: 09/24/2015)

09/28/2015

15 Pretrial Conference Order - Amendments to Pleadings due 10/30/2015. Dispositive Motions
due 5/6/2016. Settlement Letters due 8/10/2016. Motions in Limine due 9/30/2016. Response to
Motion due 10/14/2016. Final Pretrial Conference set for 10/25/2016 at 04:00 PM. Jury
Selection and Trial set for 11/7/2016 at 09:00 AM.. Signed by Magistrate Judge Stephen L.
Crocker on 9/25/2015. (voc) (Entered: 09/28/2015)

10/27/2015

16 Notice of Appearance filed by Erika Ziebarth Jones for Defendant Spectrum Brands, Inc.
(Jones, Erika) (Entered: 10/27/2015)

02/16/2016

17 Notice by Defendant Spectrum Brands, Inc., Regarding Expert Disclosure Deadlines. (Wilson,
Eric) Modified on 2/16/2016. (lak) (Entered: 02/16/2016)

02/16/2016

18 ** TEXT ONLY ORDER **
In response to the February 16, 2106 letter (dkt. 17 ) seeking clarification of this court's
practices regarding expert disclosures, the court's position for years has been that the party that
has the burden of persuasion on the issue on which the expert is offering an opinion is the
"proponent," regardless how that party is denominated in the case caption. The respondent is
any other party that wishes to call an expert on that issue. Respondents are entitled to wait to

see if the proponent has experts and what those experts say, before a respondent needs to
commit to calling experts of its own. Respondents are entitled to call experts on a topic on
which the proponent did not disclose an expert, and their deadline to do so is the respondent's
deadline, not the proponent's. This is a common practice in prisoner litigation under Section
1983. A proponent has no right to demand that the respondent go first, then determine if the
proponent wishes to respond because this would turn the court's procedure on its head. At most,
a proponent may seek leave of court to rebut a respondent's expert; any such motion for leave
would have to persuade the court that this would not result in sandbagging. Signed by
Magistrate Judge Stephen L. Crocker on 2/16/2016. (voc) (Entered: 02/16/2016)
02/19/2016

19 Notice of Appearance filed by Mark Warren Hancock for Defendant Spectrum Brands, Inc.
(Hancock, Mark) (Entered: 02/19/2016)

02/19/2016

20 Motion for Leave to File Motion for Partial Summary Judgment Based on the Statute of
Limitations Without Prejudice to Filing a Successive Motion for Summary Judgment by
Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/19/2016)

02/19/2016

21 Brief in Support of 20 Motion for Leave to File Motion for Partial Summary Judgment Based
on the Statute of Limitations Without Prejudice to Filing a Successive Motion for Summary
Judgment by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/19/2016)

02/23/2016

22 ** TEXT ONLY ORDER **
The government has until February 29, 2016, to advise whether it objects to defendant's motion
to file a partial summary judgment without prejudice to filing a successive motion (dkt. # 20 )
and, if so, on what grounds. No reply will be accepted unless asked for by the court. Brief in
Opposition due 2/29/2016. Signed by District Judge William M. Conley on 2/23/2016. (voc)
(Entered: 02/23/2016)

02/29/2016

23 Brief in Opposition by Plaintiff United States of America re: 20 Motion for Leave to File filed
by Spectrum Brands, Inc. (Ross, Thomas) (Entered: 02/29/2016)

02/29/2016

24 ** TEXT ONLY ORDER **
Having reviewed the parties respective briefs, the court GRANTS defendant's motion for leave
to file for partial summary judgment based on statute of limitations defense without prejudice to
filing a successive motion on other grounds (dkt. # 20 ) provided the motion and supporting
materials is filed on or before March 11, 2016; plaintiff will have 21 days to respond to such
motion and defendant 7 days to reply. Signed by District Judge William M. Conley on
2/29/2016. (voc) (Entered: 02/29/2016)

03/07/2016

25 Disregard. Unsigned/Undated. Joint Motion for Protective Order by Defendant Spectrum
Brands, Inc. (Wilson, Eric) Modified on 3/7/2016. (lak) (Entered: 03/07/2016)

03/07/2016

26 Joint Motion for Protective Order by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
03/07/2016)

03/11/2016

27 ** TEXT ONLY ORDER **
The proposed agreed protective order 26 is accepted and entered. Signed by Magistrate Judge
Stephen L. Crocker on 3/11/2016. (kwf) (Entered: 03/11/2016)

03/11/2016

28 Deposition of Belinda R. Dahlman taken on 1/11/2016 - Volume I. (Sealed Document) (Wilson,
Eric) (Entered: 03/11/2016)

03/11/2016

29 Deposition of Belinda R. Dahlman taken on 1/12/2016 - Volume II. (Sealed Document) (Wilson,
Eric) (Entered: 03/11/2016)

03/11/2016

30 MOTION FOR PARTIAL SUMMARY JUDGMENT as to Counts I and II Based on the
Statute of Limitations by Defendant Spectrum Brands, Inc. Brief in Opposition due 4/11/2016.

Brief in Reply due 4/25/2016. (Wilson, Eric) Modified on 3/14/2016: Corrected docketing
event. (lak) Modified on 11/18/2016 (voc). (Entered: 03/11/2016)
03/11/2016

31 Brief in Support of 30 Motion for Partial Summary Judgment as to Counts I and II Based on the
Statue of Limitations by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on
3/14/2016. (lak) (Entered: 03/11/2016)

03/11/2016

32 Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 30 Motion for Partial
Summary Judgment as to Counts I and II Based on the Statute of Limitations. (Wilson, Eric)
Modified on 3/14/2016. (lak) (Entered: 03/11/2016)

03/11/2016

33 Disregard. See 35 . (Sealed Document) Modified on 3/14/2016. (lak) (Entered: 03/11/2016)

03/11/2016

34 Redaction to 35 Declaration of James Hemmings by Defendant Spectrum Brands, Inc.,
(Attachments:
# 1 Exhibit A - Sealed,
# 2 Exhibit B - USA's Objection and Responses to Spectrum's First Set of Interrogatories,
# 3 Exhibit C - Sealed,
# 4 Exhibit D - Sealed,
# 5 Exhibit E - Sealed,
# 6 Exhibit F - Sealed,
# 7 Exhibit G - Sealed,
# 8 Exhibit H - Sealed) (Wilson, Eric) Modified on 3/14/2016. (lak) (Entered: 03/11/2016)

03/14/2016

Set/Reset Briefing Deadlines as to 30 MOTION FOR PARTIAL SUMMARY JUDGMENT.
Brief in Opposition due 4/1/2016. Brief in Reply due 4/8/2016. (voc) (Entered: 03/14/2016)

03/14/2016

35 Declaration of James Hemmings filed by Defendant Spectrum Brands, Inc. re: 30 Motion for
Partial Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit A - CPSC Reports,
# 2 Exhibit B - USA's Objection and Responses to Spectrum's First Set of Interrogatories,
# 3 Exhibit C - June 5, 2012 letter sent from the CPSC to counsel for Applica Consumer
Products, Inc.,
# 4 Exhibit D - Exhibit 1 to the Jan. 11, 2016 Deposition of Bini Dahlman,
# 5 Exhibit E - Oct. 19, 2012 letter sent from the CPSC to counsel for Applica,
# 6 Exhibit F - Jan. 15, 2013 letter sent from counsel for Applica to the CPSC,
# 7 Exhibit G - Feb. 27, 2014 letter sent from the CPSC to counsel for Applica,
# 8 Exhibit H - Jan. 28, 2016 letter sent from the CPSC to counsel for Applica) (Wilson, Eric)
(Entered: 03/14/2016)

03/18/2016

36 Notice of Supplemental Authority by Defendant Spectrum Brands, Inc. re: 30 MOTION FOR
PARTIAL SUMMARY JUDGMENT, (Attachments:
# 1 Opinion in Sierra Club v. Oklahoma Gas and Electric Co.) (Wilson, Eric) Modified on
3/21/2016: Corrected typo. (lak) (Entered: 03/18/2016)

03/22/2016

37 Amended Agreed Motion for Protective Order by Defendant Spectrum Brands, Inc. (Wilson,
Eric) (Entered: 03/22/2016)

03/25/2016

38 ** TEXT ONLY ORDER **
Order accepting and entering 37 Motion for Protective Order. Signed by Magistrate Judge
Stephen L. Crocker on 3/25/2016. (voc) (Entered: 03/25/2016)

03/31/2016

39 Notice of Supplemental Authority by Plaintiff United States of America re: 6 Motion to
Dismiss, (Attachments:
# 1 Exhibit A - Zen Magnets Opinion) (Ross, Thomas) Modified on 3/31/2016: Linked to the
pending motion. (lak) (Entered: 03/31/2016)

04/01/2016

40 Brief in Opposition by Plaintiff United States of America re: 30 Motion for Partial Summary
Judgment, filed by Spectrum Brands, Inc. (Ross, Thomas) (Entered: 04/01/2016)

04/01/2016

41 Response to Proposed Findings of Fact filed by Plaintiff United States of America re: 30
Motion for Partial Summary Judgment. (Ross, Thomas) (Entered: 04/01/2016)

04/04/2016

42 Response to 39 Notice of Supplemental Authority by Defendant Spectrum Brands, Inc.
(Penhallegon, Kevin) (Entered: 04/04/2016)

04/08/2016

43 Brief in Reply by Defendant Spectrum Brands, Inc. in Support of 30 Motion for Partial
Summary Judgment as to Counts I and II Based on the Statute of Limitations. (Wilson, Eric)
Modified on 4/11/2016. (lak) (Entered: 04/08/2016)

04/08/2016

44 Reply in Support of Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 30
Motion for Partial Summary Judgment as to Counts I and II Based on the Statute of Limitations.
(Wilson, Eric) Modified on 4/11/2016. (lak) (Entered: 04/08/2016)

04/19/2016

45 Motion for Protective Order by Movant Weber Distribution LLC. (Stanaszak, Steven) Modified
on 11/18/2016 (voc/krc). (Entered: 04/19/2016)

04/19/2016

46 Declaration of Richard Grennon filed by Movant Weber Distribution LLC re: 45 Motion for
Protective Order, (Attachments:
# 1 Exhibit A - Letter Dated 3/21/2016 and Subpoena,
# 2 Exhibit B - Letter Dated 4/5/2016 and Subpoena) (Stanaszak, Steven) Modified on
4/20/2016: Added exhibit descriptions. (lak) (Entered: 04/19/2016)

04/19/2016

47 Declaration of Steven F. Stanaszak filed by Movant Weber Distribution LLC re: 45 Motion for
Protective Order, (Attachments:
# 1 Exhibit A - Letter Dated 4/18/2016 ) (Stanaszak, Steven) Modified on 4/20/2016: Added
exhibit description. (lak) (Entered: 04/19/2016)

04/19/2016

48 ** TEXT ONLY ORDER **
On April 19, 2016, third party Weber Distribution, LLC filed a motion [dkt. 45 ] for protection
from two subpoenas, one from each party in this lawsuit. Weber wants either more time to
comply or to have this court quash the subpoenas. The request for more response time is
GRANTED in principle: the parties are to contact Weber's counsel to agree on new deadlines,
then report to the court that they have resolved this issue. If the parties cannot agree with Weber
on new deadlines, then the parties must promptly notify the court so that it can set a hearing on
the instant motion. At any hearing on the motion, the court reserves the option of quashing
either or both subpoenas, as the ends of justice might require. Signed by Magistrate Judge
Stephen L. Crocker on 4/19/16. (jat) (Entered: 04/19/2016)

04/26/2016

49 Notice by Plaintiff United States of America re: 45 Motion for Protective Order, 48 Text Only
Order. (Ross, Thomas) Modified on 4/26/2016. (lak) (Entered: 04/26/2016)

05/06/2016

50 Joint Stipulation for Summary Judgment Exhibits by Plaintiff United States of America. (Ross,
Thomas) Modified on 11/18/2016 (voc/krc). (Entered: 05/06/2016)

05/06/2016

51 MOTION FOR SUMMARY JUDGMENT by Plaintiff United States of America. Brief in
Opposition due 6/6/2016. Brief in Reply due 6/20/2016. (Ross, Thomas) Modified on
11/18/2016 (voc). (Entered: 05/06/2016)

05/06/2016

52 Motion to Seal Exhibits to Proposed Findings of Fact by Plaintiff United States of America.
Motions referred to Magistrate Judge Stephen L. Crocker. (Ross, Thomas) (Entered:
05/06/2016)

05/06/2016

53 Brief in Support of 51 Motion for Summary Judgment by Plaintiff United States of America.
(Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

54 Disregard. See 79 . Modified on 5/9/2016. (lak) (Entered: 05/06/2016)

05/06/2016

55 Declaration of Thomas E. Ross filed by Plaintiff United States of America re: 51 Motion for
Summary Judgment. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

56 Declaration of Tanya Topka filed by Plaintiff United States of America re: 51 Motion for
Summary Judgment. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

57 Declaration of Christopher J. Paparo filed by Plaintiff United States of America re: 51 Motion
for Summary Judgment, (Attachments:
# 1 Exhibit A - Complaints Spreadsheet) (Ross, Thomas) Modified on 5/8/2016. (lak) (Entered:
05/06/2016)

05/06/2016

58 Disregard. See 80 . Modified on 5/9/2016. (lak) (Entered: 05/06/2016)

05/06/2016

59 Declaration of Dr. John P. Abraham filed by Plaintiff United States of America re: 51 Motion
for Summary Judgment, (Attachments:
# 1 Exhibit A - Expert Report (Also see 83 .) (Ross, Thomas) Modified on 5/9/2016: Expert
report to be filed as a separate docket entry with attachment 1 attached separately and described.
(lak) (Entered: 05/06/2016)

05/06/2016

60 Deposition of Nigel Stamp taken on 2/25/2016 (Redacted). (Ross, Thomas) (Entered:
05/06/2016)

05/06/2016

61 Deposition of Stuart Slugh taken on 3/15/2016. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

62 Deposition of Leslie Campbell taken on 4/12/2016. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

63 Deposition of Peter Taube taken on 4/13/2016. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

64 Deposition of Michael Olmsted taken on 3/29/2016. (Ross, Thomas) (Entered: 05/06/2016)

05/06/2016

65 Deposition of Bryan Mihlbauer taken on 4/22/2016 (Rule 30(b)(6) Witness). (Ross, Thomas)
(Entered: 05/06/2016)

05/06/2016

66 Disregard. See 84 and 85 . (Sealed Document) Modified on 5/10/2016. (lak) (Entered:
05/06/2016)

05/06/2016

67 Deposition of Vincent J. Amodeo taken on 3/22/2016. (Sealed Document) (Wilson, Eric)
(Entered: 05/06/2016)

05/06/2016

68 Deposition of Judith Hayes taken on 3/17/2016. (Sealed Document) (Wilson, Eric) (Entered:
05/06/2016)

05/06/2016

69 Deposition of Tanya Lynn Topka taken on 3/21/2016. (Sealed Document) (Wilson, Eric)
(Entered: 05/06/2016)

05/06/2016

70 Deposition of Mary F. Toro taken on 3/24/2016. (Sealed Document) (Wilson, Eric) (Entered:
05/06/2016)

05/06/2016

71 Expert Report of John F. Morrall III, Ph.D. by Defendant Spectrum Brands, Inc., (Sealed
Document) (Attachments:
# 1 Appendix A - CV of John Morrall III, Ph.D.,
# 2 Appendix B - CPSC Cases Reviewed) (Wilson, Eric) Modified on 5/8/2016. (lak) (Entered:
05/06/2016)

05/06/2016

72 Expert Report of Alan H. Schoem by Defendant Spectrum Brands, Inc., (Sealed Document)
(Attachments:
# 1 Attachment 1 - List of Documents Reviewed,
# 2 Attachment 2 - CV of Alan H. Schoem,

# 3 Attachment 3 - Schoem Deposition and Trial Testimony) (Wilson, Eric) Modified on
5/8/2016. (lak) (Entered: 05/06/2016)
05/06/2016

73 MOTION FOR PARTIAL SUMMARY JUDGMENT as to Counts I and II. by Defendant
Spectrum Brands, Inc. Brief in Opposition due 6/6/2016. Brief in Reply due 6/20/2016.
(Wilson, Eric) Modified on 5/8/2016: Removed duplicate text. (lak) Modified on 11/18/2016
(voc). (Entered: 05/06/2016)

05/06/2016

74 Declaration of John F. Morrall, Ph.D. filed by Defendant Spectrum Brands, Inc. re: 73 Motion
for Partial Summary Judgment. (Wilson, Eric) (Entered: 05/06/2016)

05/06/2016

75 Declaration of Alan H. Schoem filed by Defendant Spectrum Brands, Inc. re: 73 Motion for
Partial Summary Judgment. (Wilson, Eric) (Entered: 05/06/2016)

05/06/2016

76 Declaration of James Hemmings filed by Defendant Spectrum Brands, Inc. re: 73 Motion for
Partial Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit 1 - Consumer Product Safety Commission Recall Handbook (2012),
# 2 Exhibit 2 - Consumer Product Safety Commission, Office of Compliance Recalls &
Compliance Division, Section 15 Procedures Manual (Apr. 1, 2002),
# 3 Exhibit 3 - Exhibit 2 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013088-104),
# 4 Exhibit 4 - Exhibit 4 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013230-56),
# 5 Exhibit 5 - Exhibit 9 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013175-76),
# 6 Exhibit 6 - Exhibit 10 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013291-404)(Pages 70-72 are upside down.),
# 7 Exhibit 7 - Exhibit 18 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013405-08),
# 8 Exhibit 8 - Exhibit 19 to the March 17, 2016 Deposition of Judith Hayes
(USA-00013177-80),
# 9 Exhibit 9 - Documents produced by the Plaintiff related to CPSC Case,
# 10 Exhibit 10 - Documents produced by the Plaintiff related to CPSC Case,
# 11 Exhibit 11 - Documents produced by the Plaintiff related to CPSC Case,
# 12 Exhibit 12 - Documents produced by the Plaintiff related to CPSC Case,
# 13 Exhibit 13 - Documents produced by the Plaintiff related to CPSC Case,
# 14 Exhibit 14 - Documents produced by the Plaintiff related to CPSC Case,
# 15 Exhibit 15 - Documents produced by the Plaintiff related to CPSC Case,
# 16 Exhibit 16 - Documents produced by the Plaintiff related to CPSC Case,
# 17 Exhibit 17 - Documents produced by the Plaintiff related to CPSC's Decision to Refer the
Case,
# 18 Exhibit 18 - USA's Objections and Responses to Spectrum's Second Requests for
Production of Documents,
# 19 Exhibit 19 - USA's Objections and Responses to Spectrum's First Requests for
Admissions, Second and Third Interrogatories and Third Request for Production,
# 20 Exhibit 20 - USA's Response to Spectrum's Request for Production No. 7) (Wilson, Eric)
Modified on 5/9/2016. (lak) (Entered: 05/06/2016)

05/07/2016

77 Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 73 Motion for Partial
Summary Judgment. (Sealed Document) (Wilson, Eric) Modified on 5/8/2016. (lak) (Entered:
05/07/2016)

05/07/2016

78 Brief in Support of 73 Motion for Partial Summary Judgment by Defendant Spectrum Brands,
Inc. (Sealed Document) (Wilson, Eric) Modified on 5/8/2016. (lak) (Entered: 05/07/2016)

05/08/2016

79 Redaction to 85 Proposed Findings of Fact filed by Plaintiff United States of America,
(Attachments:
# 1 Exhibit 1 - Spectrum Responses to Interrogatories Feb. 5, 2016,
# 2 Exhibit 2 - Declaration of Nigel Stamp re: Interrogatories Feb. 12, 2016,
# 3 Exhibit 3 - Spectrum Supplemental Response to Interrogatories Feb. 19, 2016,
# 4 Exhibit 4 - Letter from Applica to CPSC, Jan. 15, 2013,
# 5 Exhibit 5 - Returned Product Analysis, March 27, 2009,
# 6 Exhibit 6 - Returned Product Analysis, April 16, 2009,
# 7 Exhibit 7 - Engineering Change Request, April 9, 2009,
# 8 Exhibit 9 - Excerpt from September 2010 Complaints,
# 9 Exhibit 10 - Excerpt from January 2011 Complaints,
# 10 Exhibit 11 - Excerpt from April 2010/Jan. 2011 Complaints,
# 11 Exhibit 12 - Excerpt from Oct. 2011 Complaints,
# 12 Exhibit 13 - Spectrum Initial § 15 Report, April 3, 2012,
# 13 Exhibit 14 - Spectrum Supp. § 15 Report, April 27, 2012,
# 14 Exhibit 15 - Excerpt from March 2009/May 2009 Complaints,
# 15 Exhibit 18 - Spectrum Letter to CPSC, June 28, 2013,
# 16 Exhibit 19 - Spectrum Letter to CPSC, July 22, 2013,
# 17 Exhibit 20 - Spectrum Letter to CPSC, Sept. 11, 2013,
# 18 Exhibit 21 - Nigel Stamp Email, June 19, 2013,
# 19 Exhibit 24 - Excerpt from Feb. 2009/March 2009 Complaints,
# 20 Exhibit 25 - Excerpt from March 2009 Complaints,
# 21 Exhibit 26 - Email Taube to Slugh and Campbell, April 4, 2009,
# 22 Exhibit 27 - Email Chain, April 2009,
# 23 Exhibit 28 - CPSC Letter to Applica, June 30, 2009,
# 24 Exhibit 29 - Excerpt from July 2009 Complaints,
# 25 Exhibit 30 - Excerpt from Sept. 2009 Complaints,
# 26 Exhibit 31 - Excerpt from Oct. 2009 Complaints,
# 27 Exhibit 32 - Excerpt from April 2009 Complaints,
# 28 Exhibit 33 - Email Taube to Slugh, May 5, 2010,
# 29 Exhibit 34 - Excerpt from Sept. 2010 Complaints,
# 30 Exhibit 40 - Spectrum Product Holds SOP, May 23, 2012,
# 31 Exhibit 57 - Email Hall to Olmstead, June 27, 2013,
# 32 Exhibit 62 - Email Mortensen to Fraundorfer, July 25, 2013,
# 33 Exhibit 65 - Product Hold Notice, Mar. 23, 2012,
# 34 Exhibit 67 - Request for Corrective Action, Apr. 1, 2009,
# 35 Exhibit 68 - Product Analysis Report, June 15, 2009,
# 36 Exhibit 69 - Engineering Change Notice, June 26, 2009,
# 37 Exhibit 90 - Letter from CPSC to Applica, June 24, 2010),
# 38 Exhibit 92 - Coffeemaker "Use and Care Book",
# 39 Exhibit 93 - Product Specifications for Coffeemakers,
# 40 Exhibit 94 - Spectrum Second Supplemental Response to U.S. First Set of Interrogatories
Mar. 25, 2016,
# 41 Exhibit 95 - U.S. First Request for Production and Admission, Oct. 29, 2015,
# 42 Exhibit 96 - Spectrum Response to First Request for Production and First Request for
Admission, Dec. 7, 2015),
# 43 Exhibit 97 - CPSC Press Releases,
# 44 Exhibit 98 - Excerpts from Complaints, various dates,
# 45 Exhibit 99 - CPSC Recall Handbook,
# 46 Exhibit 100 - Declaration of Dr. John Abraham, May 4, 2016, and Expert Report,
# 47 Exhibit 101 - Deposition of Nigel Stamp, Feb. 25, 2016,
# 48 Exhibit 102 - Deposition of Stuart Slugh, Mar. 15, 2016,

# 49 Exhibit 103 - Deposition of Leslie Campbell, Apr. 12, 2016,
# 50 Exhibit 104 - Deposition of Peter Taube, Apr. 13, 2016,
# 51 Exhibit 105 - Deposition of Michael Olmsted, Mar. 29, 2016,
# 52 Exhibit 106 - Deposition of Bryan Mihlbauer (30(b)(6) witness), Apr. 22, 2016,
# 53 Exhibit 107 - Declaration of Thomas Ross, May 6, 2016,
# 54 Exhibit 108 - Declaration of Christopher Paparo, May 6, 2016,
# 55 Exhibit 109 - Declaration of Thomas Schroeder, May 5, 2016,
# 56 Exhibit 110 - Declaration of Tanya Topka, May 5, 2016) (Ross, Thomas) Modified on
5/9/2016: Corrected typos, linked to the sealed version, etc. (lak) (Entered: 05/08/2016)
05/08/2016

80 Redaction to 84 Declaration of Thomas John Schroeder filed by Plaintiff United States of
America, (Attachments:
# 1 Exhibit A - Clearinghouse Form Letter,
# 2 Exhibit B1 - Consumer Incident Report,
# 3 Exhibit B2 - Consumer Incident Report,
# 4 Exhibit B3 - Consumer Incident Report,
# 5 Exhibit B4 - Consumer Incident Report,
# 6 Exhibit B5 - Consumer Incident Report,
# 7 Exhibit B6 - Consumer Incident Report,
# 8 Exhibit B7 - Consumer Incident Report,
# 9 Exhibit B8 - Consumer Incident Report) (Ross, Thomas) Modified on 5/9/2016: Linked to
sealed version, etc. (lak) (Entered: 05/08/2016)

05/09/2016

81 ** TEXT ONLY ORDER **
ORDER granting 52 Motion to Seal Signed by Magistrate Judge Stephen L. Crocker on
5/9/2016. (voc) (Entered: 05/09/2016)

05/09/2016

83 Expert Report of Dr. John P. Abraham by Plaintiff United States of America. (Ross, Thomas)
Modified on 5/10/2016: Attachment 1 is not separated. (lak) (Entered: 05/09/2016)

05/09/2016

84 Declaration of Thomas John Schroeder filed by Plaintiff United States of America re: 51
Motion for Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit A - Clearinghouse Form Letter,
# 2 Exhibit B1 - Consumer Incident Report,
# 3 Exhibit B2 - Consumer Incident Report,
# 4 Exhibit B3 - Consumer Incident Report,
# 5 Exhibit B4 - Consumer Incident Report,
# 6 Exhibit B5 - Consumer Incident Report,
# 7 Exhibit B6 - Consumer Incident Report,
# 8 Exhibit B7 - Consumer Incident Report,
# 9 Exhibit B8 - Consumer Incident Report) (Ross, Thomas) Modified on 5/10/2016. (lak)
(Entered: 05/09/2016)

05/09/2016

85 Proposed Findings of Fact filed by Plaintiff United States of America re: 51 Motion for
Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit - Spectrum Response to Interrogatories Feb. 5, 2016),
# 2 Exhibit 2 - Declaration of Nigel Stamp re: Interrogatories Feb. 12, 2016),
# 3 Exhibit 3 - Spectrum Supplemental Response to Interrogatories Feb. 19, 2016,
# 4 Exhibit 4 - Letter from Applica to CPSC, Jan. 15, 2013,
# 5 Exhibit 5 - Returned Product Analysis, March 27, 2009,
# 6 Exhibit 6 - Returned Product Analysis, April 16, 2009,
# 7 Exhibit 7 - Engineering Change Request, April 9, 2009,
# 8 Exhibit 9 - Excerpt from September 2010 Complaints,
# 9 Exhibit 10 - Excerpt from January 2011 Complaints,

# 10 Exhibit 11 - Excerpt from April 2010/Jan. 2011 Complaints,
# 11 Exhibit 12 - Excerpt from Oct. 2011 Complaints,
# 12 Exhibit 13 - Spectrum Initial § 15 Report, April 3, 2012,
# 13 Exhibit 14 - Spectrum Supplemental § 15 Report, April 27, 2012,
# 14 Exhibit 15 - Excerpt from March 2009 / May 2009 Complaints,
# 15 Exhibit 18 - Spectrum Letter to CPSC, June 28, 2013,
# 16 Exhibit 19 - Spectrum Letter to CPSC, July 22, 2013,
# 17 Exhibit 20 - Spectrum Letter to CPSC, Sept. 11, 2013,
# 18 Exhibit 21 - Nigel Stamp Email, June 19, 2013,
# 19 Exhibit 24 - Excerpt from Feb. 2009/March 2009 Complaints,
# 20 Exhibit 25 - Excerpt from March 2009 Complaints,
# 21 Exhibit 26 - Email Taube to Slugh and Campbell, April 4, 2009,
# 22 Exhibit 27 - Email chain, April 2009,
# 23 Exhibit 28 - CPSC Letter to Applica, June 30, 2009,
# 24 Exhibit 29 - Excerpt from July 2009 Complaints,
# 25 Exhibit 30 - Excerpt from Sept. 2009 Complaints,
# 26 Exhibit 31 - Excerpt from Oct. 2009 Complaints,
# 27 Exhibit 32 - Excerpt from April 2009 Complaints,
# 28 Exhibit 33 - Email Taube to Slugh, May 5, 2010,
# 29 Exhibit 34 - Excerpt from Sept. 2010 Complaints,
# 30 Exhibit 40 - Spectrum Product Holds SOP, May 23, 2012,
# 31 Exhibit 57 - Email Hall to Olmstead, June 27, 2013,
# 32 Exhibit 62 - Email Mortensen to Fraundorfer, July 25, 2013,
# 33 Exhibit 65 - Product Hold Notice, Mar. 23, 2012,
# 34 Exhibit 67 - Request for Corrective Action, Apr. 1, 2009,
# 35 Exhibit 68 - Product Analysis Report, June 15, 2009,
# 36 Exhibit 69 - Engineering Change Notice, June 26, 2009,
# 37 Exhibit 90 - Letter from CPSC to Applica, June 24, 2010,
# 38 Exhibit 92 - Coffeemaker "Use and Care Book",
# 39 Exhibit 93 - Product Specifications for Coffeemakers,
# 40 Exhibit 94 - Spectrum Second Supplemental Response to U.S. First Set of Interrogatories
Mar. 25, 2016,
# 41 Exhibit 95 - U.S. First Req. for Production and Admission, Oct. 29, 2015,
# 42 Exhibit 96 - Spectrum Response to First Request for Productin and First Request for
Admission, Dec. 7, 2015,
# 43 Exhibit 97 - CPSC Press Releases,
# 44 Exhibit 98 - Excerpts from Complaints, Various Dates,
# 45 Exhibit 99 - CPSC Recall Handbook,
# 46 Exhibit 100 - Declaration of Dr. John Abraham, May 4, 2016, and Expert Report (Also see
83 .),
# 47 Exhibit 101 - Deposition of Nigel Stamp, Feb. 25, 2016 (Also see 60 .),
# 48 Exhibit 102 - Deposition of Stuart Slugh, Mar. 15, 2016 (Also see 61 .),
# 49 Exhibit 103 - Deposition of Leslie Campbell, Apr. 12, 2016 (Also see 62 .),
# 50 Exhibit 104 - Deposition of Peter Taube, Apr. 13, 2016 (Also see 63 .),
# 51 Exhibit 105 - Deposition of Michael Olmsted, Mar. 29, 2016 (Also see 64 .),
# 52 Exhibit 106 - Deposition of Bryan Mihlbauer (30(b)(6) Witness, Apr. 22, 2016 (Also see
65 .),
# 53 Exhibit 107 - Declaration of Thomas Ross, May 6, 2016 (Also see 55 .),
# 54 Exhibit 108 - Declaration of Christopher Paparo, May 6, 2016 (Also see 57 .),
# 55 Exhibit 109 - Declaration of Thomas Schroeder, May 5, 2016 (Also see 84 .),
# 56 Exhibit 110 - Declaration of Tanya Topka, May 5, 2016 (Also see 56 . It is similar, but not
the same declaration.) (Ross, Thomas) Modified on 5/10/2016: Clarified exhibit descriptions,

etc. (lak) (Entered: 05/09/2016)
05/09/2016

86 Redaction to 76 Declaration of James Hemmings by Defendant Spectrum Brands, Inc.,
(Attachments:
# 1 Exhibit 1 - Consumer Product Safety Commission Recall Handbook (2012),
# 2 Exhibit 2 - Consumer Product Safety Commission, Office of Compliance Recalls &
Compliance Division, Section 15 Procedures Manual (Apr. 1, 2002),
# 3 Exhibit 3 through 17 - Filed Under Seal,
# 4 Exhibit 18 - USA's Objection and Responses to Spectrum's Second Requests for Production
of Documents,
# 5 Exhibit 19 - USA's Objection and Responses to Spectrum's First Requests for Admissions,
Second and Third Interrogatories and Third Request for Production,
# 6 Exhibit 20 - Filed Under Seal) (Wilson, Eric) Modified on 5/10/2016: Clarified exhibit
descriptions; removed duplicate text. (lak) (Entered: 05/09/2016)

05/11/2016

87 Redaction to 78 Brief in Support by Defendant Spectrum Brands, Inc. (Hancock, Mark)
(Entered: 05/11/2016)

05/11/2016

88 Redaction to 77 Proposed Findings of Fact by Defendant Spectrum Brands, Inc. (Hancock,
Mark) (Entered: 05/11/2016)

05/13/2016

89 Motion to Admit Matthew Adam Riche Cohen Pro Hac Vice. ( Pro Hac Vice fee $ 50 receipt
number 0758-1808950.) by Amicus Association of Home Appliance Manufacturers. Motions
referred to Magistrate Judge Stephen L. Crocker. (Cohen, Matthew) (Entered: 05/13/2016)

05/13/2016

90 ** TEXT ONLY ORDER **
ORDER granting 89 Motion to Admit Matthew Adam Riche Cohen Pro Hac Vice. Signed by
Magistrate Judge Peter A. Oppeneer on 5/13/2016. (lak) (Entered: 05/13/2016)

05/13/2016

91 Motion for Leave to File Amicus Curiae Brief by Amicus Association of Home Appliance
Manufacturers. (Attachments:
# 1 Exhibit A - Proposed Amicus Curiae Brief,
# 2 Text of Proposed Order) (Cohen, Matthew) Modified on 11/18/2016 (voc). (Entered:
05/13/2016)

05/16/2016

92 Notice of Appearance filed by Monica Christine Groat for Plaintiff United States of America.
(Groat, Monica) (Entered: 05/16/2016)

06/06/2016

93 Expert Report of Stephen McGonegal by Defendant Spectrum Brands, Inc., (Sealed Document)
(Attachments:
# 1 Appendix A - Statement of Qualifications and Compensation) (Wilson, Eric) Modified on
6/6/2016. (lak) (Entered: 06/06/2016)

06/06/2016

94 Brief in Opposition by Plaintiff United States of America re: 73 Motion for Partial Summary
Judgment filed by Spectrum Brands, Inc. (Ross, Thomas) (Entered: 06/06/2016)

06/06/2016

95 Redaction to 96 Response to Proposed Findings of Fact filed by Plaintiff United States of
America. (Ross, Thomas) Modified on 6/7/2016. (lak) (Entered: 06/06/2016)

06/06/2016

96 Response to Proposed Findings of Fact filed by Plaintiff United States of America re: 73
Motion for Partial Summary Judgment. (Sealed Document) (Ross, Thomas) (Entered:
06/06/2016)

06/06/2016

97 Supplemental Proposed Findings of Fact filed by Plaintiff United States of America re: 73
Motion for Partial Summary Judgment. (Ross, Thomas) (Entered: 06/06/2016)

06/06/2016

98 Redaction to 99 Declaration of Robert Jackson Howell, Jr., (Attachments:
# 1 Exhibit 75 - 05/11/11 CPSC Letter,

# 2 Exhibit 86 - 06/24/02 Schoem Testimony,
# 3 Exhibit 111 - 11/02/06 CPSC Letter) (Ross, Thomas) Modified on 6/7/2016. (lak) (Entered:
06/06/2016)
06/06/2016

99 Declaration of Robert Jackson Howell, Jr. filed by Plaintiff United States of America in
Opposition re: 73 Motion for Partial Summary Judgment, (Sealed Document) (Attachments:
# 1 Exhibit 75 - 05/11/2011 CPSC Letter,
# 2 Exhibit 86 - 06/24/2001 Schoem Testimony,
# 3 Exhibit 111 - 11/02/06 CPSC Letter) (Ross, Thomas) Modified on 6/7/2016. (lak) (Entered:
06/06/2016)

06/06/2016

100 Deposition of Alan Schoem taken on 04/29/16. (Ross, Thomas) (Entered: 06/06/2016)

06/06/2016

101 Deposition of John Morrall taken on 04/20/16. (Ross, Thomas) (Entered: 06/06/2016)

06/06/2016

102 Motion to Strike Expert Testimony of Alan Schoem and John Morrall by Plaintiff United States
of America. Brief in Opposition due 6/20/2016. Brief in Reply due 6/27/2016. (Ross, Thomas)
(Entered: 06/06/2016)

06/06/2016

103 Brief in Support of 102 Motion to Strike Expert Testimony of Alan Schoem and John Morrall by
Plaintiff United States of America. (Ross, Thomas) (Entered: 06/06/2016)

06/06/2016

104 Declaration of Stephen McGonegal filed by Defendant Spectrum Brands, Inc. in Support of
Spectrum Brands, Inc.'s Opposition re: 51 Motion for Summary Judgment. (Wilson, Eric)
(Entered: 06/06/2016)

06/06/2016

105 Motion in Limine to Exclude Testimony of Plaintiff's Proposed Expert John P. Abraham by
Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 6/7/2016. (lak) (Entered:
06/06/2016)

06/06/2016

106 Brief in Support of 105 Motion in Limine to Exclude Testimony of Plaintiff's Proposed Expert
John P. Abraham by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 6/7/2016.
(lak) (Entered: 06/06/2016)

06/06/2016

107 Response to Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 51 Motion
for Summary Judgment. (Wilson, Eric) (Entered: 06/06/2016)

06/06/2016

108 Supplemental Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 51
Motion for Summary Judgment. (Wilson, Eric) (Entered: 06/06/2016)

06/06/2016

109 Declaration of James Hemmings filed by Defendant Spectrum Brands, Inc. re: 51 Motion for
Summary Judgment, (Attachments:
# 1 Exhibit 1 - April 8, 2009, Section 15 report,
# 2 Exhibit 2 - June 23, 2009 CPSC press release,
# 3 Exhibit 3 - August 27, 2010 letter from Spectrum's Counsel to the CPSC,
# 4 Exhibit 4 - August 6, 2012 letter from the CPSC to Spectrum,
# 5 Exhibit 5 - June 28, 2013 letter from Spectrum to the CPSC,
# 6 Exhibit 6 - July 25, 2013 letter from Spectrum to the CPSC,
# 7 Exhibit 7 - July 22, 2013 letter from Spectrum to the CPSC,
# 8 Exhibit 8 - Monthly Progress Report for Corrective Action Plan and Incident Update)
(Wilson, Eric) (Entered: 06/06/2016)

06/06/2016

110 Brief in Opposition by Defendant Spectrum Brands, Inc. re: 51 Motion for Summary Judgment
filed by United States of America. (Wilson, Eric) (Entered: 06/06/2016)

06/07/2016

111 Joint Motion to Amend Briefing Schedule of Daubert Motions by Defendant Spectrum Brands,
Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Wilson, Eric) Modified on
6/8/2016: Typo. (lak) (Entered: 06/07/2016)

06/08/2016

112 ** TEXT ONLY ORDER **
ORDER granting 111 Motion to Amend Briefing Schedule. Brief in Opposition due 6/27/2016.
Brief in Reply due 7/11/2016. Signed by Magistrate Judge Stephen L. Crocker on 6/8/2016.
(voc) (Entered: 06/08/2016)

06/20/2016

113 Brief in Reply by Plaintiff United States of America in Support of 51 Motion for Summary
Judgment. (Ross, Thomas) (Entered: 06/20/2016)

06/20/2016

114 Reply in Support of Proposed Findings of Fact filed by Plaintiff United States of America re: 51
Motion for Summary Judgment. (Ross, Thomas) (Entered: 06/20/2016)

06/20/2016

115 Response to Proposed Findings of Fact filed by Plaintiff United States of America re: 51
Motion for Summary Judgment. (Defendant's Supplemental Facts.) (Ross, Thomas) (Entered:
06/20/2016)

06/20/2016

116 Deposition of Steve McGonegal taken on 04/28/16. (Ross, Thomas) (Entered: 06/20/2016)

06/20/2016

117 Motion to Strike Expert Testimony of Steve McGonegal by Plaintiff United States of America.
Brief in Opposition due 7/5/2016. Brief in Reply due 7/11/2016. (Ross, Thomas) (Entered:
06/20/2016)

06/20/2016

118 Brief in Support of 117 Motion to Strike Expert Testimony of Steve McGonegal by Plaintiff
United States of America. (Ross, Thomas) (Entered: 06/20/2016)

06/21/2016

119 Brief in Reply by Defendant Spectrum Brands, Inc. in Support of 73 Motion for Partial
Summary Judgment. (Wilson, Eric) (Entered: 06/21/2016)

06/21/2016

120 Reply in Support of Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc. re: 73
Motion for Partial Summary Judgment. (Sealed Document) (Wilson, Eric) (Entered:
06/21/2016)

06/21/2016

121 Response to Supplemental Proposed Findings of Fact filed by Defendant Spectrum Brands, Inc.
re: 73 Motion for Partial Summary Judgment as to Counts I and II. (Wilson, Eric) Modified on
6/22/2016. (lak) (Entered: 06/21/2016)

06/21/2016

122 Exhibit to 76 Declaration, filed by Spectrum Brands, Inc. Corrected Exhibit 9 to the May 6,
2016 Declaration of James Hemmings. (Sealed Document) (Wilson, Eric) (Entered:
06/21/2016)

06/21/2016

123 Redaction to 120 Reply in Support of Proposed Findings of Fact by Defendant Spectrum
Brands, Inc. (Wilson, Eric) (Entered: 06/21/2016)

06/27/2016

124 Brief in Opposition by Plaintiff United States of America re: 105 Motion in Limine to Exclude
Testimony of Plaintiff's Proposed Expert John P. Abraham filed by Spectrum Brands, Inc.
(Ross, Thomas) Modified on 6/27/2016. (lak) (Entered: 06/27/2016)

06/27/2016

125 Brief in Opposition by Defendant Spectrum Brands, Inc. re: 102 Motion to Strike filed by
United States of America. (Wilson, Eric) (Entered: 06/27/2016)

06/27/2016

126 Declaration of James Hemmings filed by Defendant Spectrum Brands, Inc. in Support of
Spectrum Brands, Inc.'s Opposition re: 102 Motion to Strike, (Attachments:
# 1 Exhibit 1 - United States Objections & Responses to Spectrum's First Set of Interrogatories)
(Wilson, Eric) (Entered: 06/27/2016)

06/27/2016

127 Joint Motion to Amend Briefing Schedule by Defendant Spectrum Brands, Inc. Motions
referred to Magistrate Judge Stephen L. Crocker. (Wilson, Eric) (Entered: 06/27/2016)

06/29/2016

128 ** TEXT ONLY ORDER **
ORDER granting 127 Joint Motion to Amend Briefing Schedule. Brief in Opposition due

7/11/2016. Brief in Reply due 7/25/2016. Signed by Magistrate Judge Stephen L. Crocker on
6/29/2016. (voc) (Entered: 06/29/2016)
07/08/2016

129 Motion to Compel Discovery by Defendant Spectrum Brands, Inc. Motions referred to
Magistrate Judge Stephen L. Crocker. Response due 7/15/2016. (Wilson, Eric) (Entered:
07/08/2016)

07/08/2016

130 Declaration of Timothy L. Mullin, Jr. filed by Defendant Spectrum Brands, Inc. In Support re:
129 Motion to Compel, (Attachments:
# 1 Exhibit A - Defendant Spectrum Brands, Inc.'s First Set of Interrogatories,
# 2 Exhibit B - United States of America's Supplemental Objections and Responses to
Interrogatories) (Wilson, Eric) Modified on 7/9/2016: Removed duplicate text. (lak) (Entered:
07/08/2016)

07/08/2016

131 Motion for Leave to File Further Evidence in Support of its Motion for Partial Summary
Judgment as to Counts I and II by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on
11/18/2016 (voc). (Entered: 07/08/2016)

07/11/2016

Set Telephone Motion Hearing as to 129 Motion to Compel Discovery by Defendant Spectrum
Brands, Inc. Telephone Motion Hearing set for 7/20/2016 at 09:00 AM before Magistrate Judge
Stephen L. Crocker. Counsel for Defendant responsible for setting up the call to chambers at
[phone]. (voc) (Entered: 07/11/2016)

07/11/2016

132 Brief in Reply by Plaintiff United States of America in Support of 102 Motion to Strike Experts
Schoem & Morrall. (Ross, Thomas) (Entered: 07/11/2016)

07/11/2016

133 Brief in Reply by Defendant Spectrum Brands, Inc. in Support of 105 Motion in Limine to
Exclude Testimony of Plaintiff's Proposed Expert John P. Abraham. (Wilson, Eric) (Entered:
07/11/2016)

07/11/2016

134 Brief in Opposition by Defendant Spectrum Brands, Inc. re: 117 Motion to Strike filed by
United States of America. (Wilson, Eric) (Entered: 07/11/2016)

07/15/2016

135 Brief in Opposition by Plaintiff United States of America re: 129 Motion to Compel filed by
Spectrum Brands, Inc. (Ross, Thomas) (Entered: 07/15/2016)

07/15/2016

136 Declaration of Elliot F. Kaye filed by Plaintiff United States of America (Deliberative-Process
Privilege) re: 129 Motion to Compel. (Ross, Thomas) (Entered: 07/15/2016)

07/20/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker: Telephone
Motion Hearing held on 7/20/2016 [:25] (cak) (Entered: 07/20/2016)

07/20/2016

137 ** TEXT ONLY ORDER **
On July 20, 2016, the court held a telephonic hearing on defendant's motion to compel
discovery (dkt. 129 ). After hearing from the parties, the court denied the motion for reasons
stated. Each side will bear its own costs on this motion. Signed by Magistrate Judge Stephen L.
Crocker on 7/20/2016. (voc) (Entered: 07/20/2016)

07/21/2016

138 Transcript of Telephonic Motion Hearing, held 7/20/2016 before Magistrate Judge Stephen L.
Crocker. Court Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (kwf) (Entered: 07/21/2016)

07/25/2016

139 Brief in Reply by Plaintiff United States of America in Support of 117 Motion to Strike Expert
Testimony of Steve McGonegal. (Ross, Thomas) (Entered: 07/25/2016)

07/29/2016

140 Motion for Leave to File an Additional Motion for Summary Judgment by Defendant Spectrum
Brands, Inc., (Attachments:

# 1 Exhibit A - Motion for Summary Judgment Based on the U.S. Consumer Product Safety
Commission's Failure to Satisfy a Condition Precedent to Bringing Suit,
# 2 Exhibit B - Memorandum of Law,
# 3 Exhibit C - Proposed Findings of Fact) (Wilson, Eric) Modified on 11/18/2016 (voc).
(Entered: 07/29/2016)
09/19/2016

141 Joint Motion to Expedite Setting of Date for Penalty Phase Evidentiary Hearing by Defendant
Spectrum Brands, Inc. Motions referred to Magistrate Judge Stephen L. Crocker. (Wilson, Eric)
Modified on 9/19/2016. (lak) Modified on 11/18/2016 (voc). (Entered: 09/19/2016)

09/29/2016

142 Notice of Appearance filed by Jennifer Lynn Gregor for Defendant Spectrum Brands, Inc.
(Gregor, Jennifer) (Entered: 09/29/2016)

09/29/2016

143 Deposition of Mark Kumagai taken on March 23, 2016. (Wilson, Eric) (Entered: 09/29/2016)

09/29/2016

144 Uncontested Motion for Entry of Judgment as to Liability on Count III of Plaintiff's Complaint
by Defendant Spectrum Brands, Inc. Response due 10/6/2016. (Wilson, Eric) Modified on
9/30/2016. (lak) Modified on 11/18/2016 (voc). (Entered: 09/29/2016)

09/30/2016

145 Proposed Voir Dire by Plaintiff United States of America. (Ross, Thomas) (Entered:
09/30/2016)

09/30/2016

146 Proposed Special Verdict - Liability by Plaintiff United States of America. (Ross, Thomas)
(Entered: 09/30/2016)

09/30/2016

147 Proposed Jury Instructions - Liability by Plaintiff United States of America. (Ross, Thomas)
(Entered: 09/30/2016)

09/30/2016

148 Rule 26(a)(3) Pretrial Disclosures by Plaintiff United States of America, (Attachments:
# 1 Exhibit 1 - Slugh Deposition Narrative,
# 2 Exhibit 2 - Campbell Deposition Narrative,
# 3 Exhibit 3 - Taube Deposition Narrative,
# 4 Exhibit 4 - Deposition Designations (Also see 175 .),
# 5 Exhibit 5 - Exhibit List (Also see 174 .) (Ross, Thomas) Modified on 9/30/2016. (lak)
(Entered: 09/30/2016)

09/30/2016

149 Expert Witness Disclosures by Plaintiff United States of America. (Ross, Thomas) (Entered:
09/30/2016)

09/30/2016

150 Motion in Limine (Omnibus) by Plaintiff United States of America. (Ross, Thomas) (Entered:
09/30/2016)

09/30/2016

151 Brief in Support of 150 Motion in Limine (Omnibus) by Plaintiff United States of America.
(Ross, Thomas) (Entered: 09/30/2016)

09/30/2016

152 Expert Report of Michael D. Hayes, Ph.D., P.E. by Defendant Spectrum Brands, Inc.,
(Attachments:
# 1 Appendix A - CV of Michael D. Hayes,
# 2 Appendix B - Rule 26 of Author) (Wilson, Eric) Modified on 10/2/2016. (lak) (Entered:
09/30/2016)

09/30/2016

153 Exhibit List by Defendant Spectrum Brands, Inc. (Sealed Document) (Wilson, Eric) Modified
on 10/14/2016: See 178 for Amended Exhibit List. (lak) (Entered: 09/30/2016)

09/30/2016

154 Redaction to 153 Exhibit List by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
09/30/2016)

09/30/2016

155 Witness List - Fact and Expert Witness List - by Defendant Spectrum Brands, Inc. (Wilson,
Eric) (Entered: 09/30/2016)

09/30/2016

156 Deposition Designations - Page Line Deposition Designations - by Defendant Spectrum
Brands, Inc. (Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

157 Proposed Jury Instructions - Liability by Defendant Spectrum Brands, Inc. (Wilson, Eric)
Modified on 10/4/2016: See 176 for Amended Proposed Jury Instructions - Liability. (lak)
(Entered: 09/30/2016)

09/30/2016

158 Proposed Special Verdict - Liability by Defendant Spectrum Brands, Inc. (Wilson, Eric)
(Entered: 09/30/2016)

09/30/2016

159 Memorandum in Support of 158 Proposed Special Verdict, 157 Proposed Jury Instructions by
Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

160 Proposed Voir Dire by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

161 Notice by Defendant Spectrum Brands, Inc. - Narrative Background of Expert Michael Hayes.
(Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

162 Notice by Defendant Spectrum Brands, Inc. - Narrative Background of Expert Stephen
McConegal (McGonegal). (Wilson, Eric) Modified on 10/2/2016: Spelling of last name? (lak)
(Entered: 09/30/2016)

09/30/2016

163 Notice by Defendant Spectrum Brands, Inc. - Narrative Background of Expert John Morrall.
(Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

164 Notice by Defendant Spectrum Brands, Inc. - Narrative Background of Expert Alan Schoem.
(Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

165 Notice by Defendant Spectrum Brands, Inc. - Narrative Background of Expert of Nigel Stamp.
(Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

166 Motion in Limine No. 1 to Exclude Evidence Related to Count III of Plaintiff's Complaint by
Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 11/18/2016 (voc). (Entered:
09/30/2016)

09/30/2016

167 Motion in Limine No. 2 to Exclude Consumer Incident Reports as Evidence of the Carafe
Handle Mode of Failure by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
09/30/2016)

09/30/2016

168 Motion in Limine No. 3 to Admit Evidence and Argument Related to the CPSC's Disposition of
Other Coffeemaker Defect Cases by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
09/30/2016)

09/30/2016

169 Motion in Limine No. 4 to Exclude Evidence and Argument Related to a Monetary Settlement
with the CPSC by Another Company by Defendant Spectrum Brands, Inc. (Wilson, Eric)
(Entered: 09/30/2016)

09/30/2016

170 Motion in Limine No. 5 to Preclude Evidence and Argument Relating to the Number of
Incidents or Injuries Involving Products Other than Coffeemakers by Defendant Spectrum
Brands, Inc. (Wilson, Eric) (Entered: 09/30/2016)

09/30/2016

171 Motion in Limine No. 6 to Exclude Lay Witness Testimony Concerning the Meaning or
Application of the Terms "Substantial Product Hazard" or "Unreasonable Risk of Serious Injury
or Death" by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 11/18/2016 (voc).
(Entered: 09/30/2016)

09/30/2016

172 Motion in Limine No. 7 to Exclude Evidence and Argument Regarding Effect of Spectrum's
Participation in the Fast Recall Program by Defendant Spectrum Brands, Inc. (Wilson, Eric)
Modified on 11/18/2016 (voc). (Entered: 09/30/2016)

09/30/2016

173 Motion in Limine No. 8 to Exclude Evidence Regarding the Location of the Manufacture by
Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 11/18/2016 (voc). (Entered:
09/30/2016)

10/02/2016

174 Exhibit List by Plaintiff United States of America. (lak) (Entered: 10/02/2016)

10/02/2016

175 Deposition Designations by Plaintiff United States of America. (lak) (Entered: 10/02/2016)

10/03/2016

176 Proposed Jury Instructions - Liability (Amended) by Defendant Spectrum Brands, Inc. (Wilson,
Eric) Modified on 10/4/2016. (lak) (Entered: 10/03/2016)

10/03/2016

177 Memorandum in Support of 158 Proposed Special Verdict, 176 Proposed Jury Instructions
(Amended), by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 10/4/2016. (lak)
(Entered: 10/03/2016)

10/13/2016

178 First Amended Exhibit List by Defendant Spectrum Brands, Inc. (Sealed Document) (Wilson,
Eric) Modified on 10/23/2016: See 193 for Second Amended Exhibit List. (lak) (Entered:
10/13/2016)

10/13/2016

179 Redaction to 178 Exhibit List by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
10/13/2016)

10/14/2016

180 Brief in Opposition by Plaintiff United States of America re: 172 Motion in Limine filed by
Spectrum Brands, Inc., 173 Motion in Limine filed by Spectrum Brands, Inc., 168 Motion in
Limine filed by Spectrum Brands, Inc., 170 Motion in Limine filed by Spectrum Brands, Inc.,
166 Motion in Limine filed by Spectrum Brands, Inc., 167 Motion in Limine filed by Spectrum
Brands, Inc., 169 Motion in Limine filed by Spectrum Brands, Inc., 171 Motion in Limine, filed
by Spectrum Brands, Inc. (Omnibus Opposition) (Ross, Thomas) (Entered: 10/14/2016)

10/14/2016

181 Response to Proposed Liability Jury Instructions and Other Pretrial Filings by Plaintiff United
States of America. (Ross, Thomas) (Entered: 10/14/2016)

10/14/2016

182 Objections to Trial Exhibits by Plaintiff United States of America. (Sealed Document) (Ross,
Thomas) (Entered: 10/14/2016)

10/14/2016

183 Redaction to 182 Objections to Trial Exhibits by Plaintiff United States of America. (Ross,
Thomas) (Entered: 10/14/2016)

10/14/2016

184 Deposition Designations. Objections to Defendant's Designations (Dkt. #156) by Plaintiff
United States of America. (Ross, Thomas) Modified on 10/17/2016. (lak) (Entered: 10/14/2016)

10/14/2016

185 Objections to 145 Proposed Voir Dire by Defendant Spectrum Brands, Inc. (Wilson, Eric)
(Entered: 10/14/2016)

10/14/2016

186 Deposition Designations. Objections and Counter-Designations to Government's Page Line
Designations of the Deposition Transcript of Leslie Campbell by Defendant Spectrum Brands,
Inc. (Wilson, Eric) (Entered: 10/14/2016)

10/14/2016

187 Deposition Designations. Objections and Counter-Designations to the Government's Page Line
Designations of the Deposition Transcript of Peter Taube by Defendant Spectrum Brands, Inc.
(Wilson, Eric) Modified on 10/17/2016. (lak) (Entered: 10/14/2016)

10/14/2016

188 Deposition Designations. Objections and Counter-Designations to Government's Page Line
Designations of the Deposition Transcript of Stuart Slugh by Defendant Spectrum Brands, Inc.
(Wilson, Eric) (Entered: 10/14/2016)

10/14/2016

189 Objections to Trial Exhibits by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on
10/17/2016. (lak) (Entered: 10/14/2016)

10/14/2016

190 Notice by Defendant Spectrum Brands, Inc. re: 149 Expert Witness Disclosures. Objections to
the Government's Narrative Background of Dr. John P. Abraham. (Wilson, Eric) (Entered:
10/14/2016)

10/14/2016

191 Brief in Opposition by Defendant Spectrum Brands, Inc. re: 150 Motion in Limine filed by
United States of America. (Wilson, Eric) (Entered: 10/14/2016)

10/14/2016

192 Response to Proposed Liability Jury Instructions and Response to Proposed Verdict Form by
Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 10/17/2016. (lak) (Entered:
10/14/2016)

10/21/2016

193 Second Amended Exhibit List by Defendant Spectrum Brands, Inc. (Sealed Document)
(Wilson, Eric) (Entered: 10/21/2016)

10/21/2016

194 Redaction to 193 Exhibit List by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
10/21/2016)

10/21/2016

195 ** TEXT ONLY ORDER **
In light of the anticipated decision of this court on the parties' pending dispositive motions, the
jury trial, final pretrial conference and any other applicable deadlines are struck and a
telephonic status conference will be held on November 9, 2016, at 1:00 PM; plaintiff is to
initiate the call to the court. Signed by District Judge William M. Conley on 10/21/2016. (kwf)
(Entered: 10/21/2016)

10/21/2016

Set Telephone Status Conference: Telephone Status Conference set for 11/9/2016 at 1:00 PM
before District Judge William M. Conley. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. (kwf) (Entered: 10/21/2016)

11/08/2016

Set Telephone Status Conference: Telephone Status Conference rescheduled from 11/9/2016 to
11/14/2016 at 01:00 PM before Judge William M. Conley. Counsel for Plaintiff responsible for
setting up the call to chambers at [phone]. (voc) (Entered: 11/08/2016)

11/09/2016

Telephone Status Conference rescheduled to 11/18/2016 at 10:00 AM at the request of counsel.
Counsel for Plaintiff responsible for setting up the call to chambers at [phone]. (voc)
(Entered: 11/09/2016)

11/17/2016

196 ORDER: IT IS ORDERED that:
1. Defendant Spectrum Brand's motions for partial summary judgment (dkt. ## 30 , 73 ) are
DENIED.
2. Defendant's motion for leave to file additional evidence in support of its motion for summary
judgment (dkt. # 131 ) and motion for leave to file an additional motion for summary judgment
(dkt. # 140 ) are DENIED.
3. Plaintiff the United States of America's motion for summary judgment (dkt. # 51 ) is
GRANTED as to defendant's liability on Count I.
4. Defendant's unopposed motion for entry of judgment as to its liability on Count III (dkt. #
144 ) is GRANTED.
5. Defendant's motion to dismiss (dkt. # 6 ) is DENIED.
6. AHAM's motion for leave to file an amicus curiae brief (dkt. # 91 ) is GRANTED.
7. The parties' pending motions related to scheduling and exclusion of witnesses and argument
at a jury trial (dkt. ## 141 , 166 , 171 , 172 , 173 ) are DENIED as moot.
8. The court RESERVES on the parties' remaining motions (dkt. ## 102 , 105 , 117 , 150 , 167 ,
168 , 169 , 170 ).
9. The court will hold a scheduling a conference over the phone at 10:00 am on Friday,
November 18, 2016, to set a schedule for the civil penalty determination and injunctive relief
phase of this case.
Signed by District Judge William M. Conley on 11/17/2016. (krc) Modified on 11/18/2016

(voc). (Entered: 11/17/2016)
11/18/2016

Set Telephone Status Conference: Telephone Status Conference rescheduled to 11/28/2016 at
10:00 AM before Judge William M. Conley. Counsel for Plaintiff responsible for setting up the
call to chambers at [phone]. (voc) (Entered: 11/18/2016)

11/28/2016

Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status
Conference held on 11/28/2016 [:20] (Court Reporter LS.) (mfh) (Entered: 11/28/2016)

11/28/2016

197 ORDER (1) setting an evidentiary hearing on February 21, 2017. The parties have until
December 8, 2016 to file a joint stipulation to move the evidentiary hearing to March 13, 2017;
(2) setting defendant's deadline to file a motion for an interlocutory appeal and supporting brief
on December 8, 2016. Plaintiff's response will be due on December 19, 2016. There will be no
reply; (3) setting briefing on civil penalties and injunctive relief: plaintiff's brief in support and
any proposed order, exhibit list and witness list is due on January 17, 2017; defendant's
response and objections to plaintiff's witnesses and exhibits and defendant's exhibit list and
witness list is due on February 7, 2017; plaintiff may have until February 14, 2017 to file any
objections to defendant's witnesses and exhibits as well as rebuttal witness list and exhibit lists;
There will be no reply to defendant's brief; (4) denying 102 Motion to Strike; denying 105
Motion in Limine; denying 117 Motion to Strike; granting in part and denying in part 150
Motion in Limine; granting in part and denying in part 167 Motion in Limine; denying 168
Motion in Limine; denying 169 Motion in Limine; denying 170 Motion in Limine. Signed by
District Judge William M. Conley on 11/28/2016. (jls) (Entered: 11/28/2016)

11/28/2016

Set Hearings: Evidentiary Hearing set for 2/21/2017 at 09:00 AM. (jls) (Entered: 11/28/2016)

11/28/2016

Briefing set re: Civil Penalties and Injunctive Relief. Brief in Support due 1/17/2017. Brief in
Opposition due 2/7/2017. (jls) Modified on 10/2/2017 (voc). (Entered: 11/28/2016)

11/28/2016

198 Transcript of Telephonic Hearing, held 11/28/2016 before Judge William M. Conley. Court
Reporter: LS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (jls) (Entered: 11/28/2016)

12/05/2016

199 Notice by Defendant Spectrum Brands, Inc., Regarding Interlocutory Appeal. (Wilson, Eric)
(Entered: 12/05/2016)

12/08/2016

200 Notice of Withdrawal of Counsel by Matthew Adam Riche Cohen re: Amicus Association of
Home Appliance Manufacturers. (Cohen, Matthew) (Entered: 12/08/2016)

12/09/2016

201 ANSWER by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 12/09/2016)

01/17/2017

202 Brief in Support of Issue being briefed (Civil Penalties and Permanent Injunctive Relief) by
Plaintiff United States of America, (Attachments:
# 1 Exhibit A - Proposed Order,
# 2 Exhibit B - Corporate Fact Sheet,
# 3 Exhibit C - Settlement Table) (Ross, Thomas) Modified on 1/18/2017. (lak) (Entered:
01/17/2017)

01/17/2017

203 Witness List by Plaintiff United States of America. (Ross, Thomas) (Entered: 01/17/2017)

01/17/2017

204 Exhibit List by Plaintiff United States of America. (Ross, Thomas) (Entered: 01/17/2017)

01/17/2017

205 Deposition Designations by Plaintiff United States of America. (Ross, Thomas) (Entered:
01/17/2017)

02/03/2017

206 Amended Exhibit List by Plaintiff United States of America. (Ross, Thomas) (Entered:
02/03/2017)

02/07/2017

207 Brief in Opposition of Issue being briefed (Response to the United States of America's
Memorandum of Law in Support of Proposed Order of Civil Penalties and Permanent
Injunction) by Defendant Spectrum Brands, Inc. (Wilson, Eric) Modified on 2/8/2017. (lak)
(Entered: 02/07/2017)

02/07/2017

208 Witness List by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/07/2017)

02/07/2017

209 Exhibit List by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/07/2017)

02/07/2017

210 Objections to Trial Exhibits (Responses and Objections to the Government's Trial Exhibit List)
by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/07/2017)

02/07/2017

211 Objection to Rule 26(a)(3) Designations by Defendant Spectrum Brands, Inc. (Wilson, Eric)
(Entered: 02/07/2017)

02/07/2017

212 Objections to Trial Exhibits (Responses and Objections to the Government's Amended Trial
Exhibit List) by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/07/2017)

02/09/2017

213 ** TEXT ONLY ORDER **
In light of defendant's argument that the maximum civil penalty for its failure to report timely in
violation of 15 U.S.C. § 2064(b)(3) is $1.825 million, not $15 million (Def.'s Opp'n Br. (dkt. #
207 ) at 6-10), plaintiff may have until February 16, 2017, to file a limited reply brief
addressing that argument only. Signed by District Judge William M. Conley on 2/9/2017. (kwf)
(Entered: 02/09/2017)

02/13/2017

214 Notice by Plaintiff United States of America to Chief Judge Conley Regarding Hearing. (Ross,
Thomas) (Entered: 02/13/2017)

02/14/2017

215 Objections to Trial Exhibits and Witness List by Plaintiff United States of America. (Ross,
Thomas) (Entered: 02/14/2017)

02/14/2017

216 Joint Stipulation Regarding Exhibits by Plaintiff United States of America. (Phelps, Alan)
(Entered: 02/14/2017)

02/15/2017

217 ORDER on the parties' objections to witnesses and exhibits. The court will review all expert
narratives and written reports in advance of the civil penalty hearing on 2/21/2017. Experts
need only appear in person if the other side wants to cross-examine them before the court. By
4:30 PM on 2/17/2017, both sides should indicate which opposing experts they want to appear
in person. The parties shall also provide a final list of their witnesses who will appear in person
to testify. The court will hold a telephonic conference with the parties at 3:00 PM on Thursday,
2/16/2017, to address any part of this order or other housekeeping matters that remain. The
parties shall provide to the court on the morning of the evidentiary hearing an electronic or hard
copy of all exhibits that have been stipulated to or will be offered into evidence. Signed by
District Judge William M. Conley on 2/15/2017. (arw) (Entered: 02/15/2017)

02/15/2017

Set Deadlines and Hearings: Telephone Status Conference set for 2/16/2017 at 3:00 PM before
District Judge William M. Conley. Counsel for Plaintiff responsible for setting up the call to
chambers at [phone]. (arw) (Entered: 02/15/2017)

02/16/2017

218 Objections to Trial Exhibits - Amended Response to the Government's Amended Trial Exhibit
List, by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered: 02/16/2017)

02/16/2017

219 Objections to Trial Exhibits - Amended Response to Defendant's Exhibit List, by Plaintiff
United States of America. (Phelps, Alan) (Entered: 02/16/2017)

02/16/2017

220 Brief in Reply by Plaintiff United States of America in Support of Issue being briefed. (Civil
Penalties for Spectrum's Reporting Violations.) (Ross, Thomas) (Entered: 02/16/2017)

02/16/2017

Minute Entry for proceedings held before District Judge William M. Conley: Telephonic Status
Conference held on 2/16/2017 [:35] (Court Reporter JD.) (mfh) (Entered: 02/16/2017)

02/16/2017

Reset Deadlines and Hearings: Evidentiary Hearing reset for 2/21/2017 at 8:30 AM before
District Judge William M. Conley. (arw) (Entered: 02/16/2017)

02/16/2017

221 ** TEXT ONLY ORDER **
A telephonic conference was held today during which the court outlined factual matters that
would be helpful for the parties to address in determining the appropriate civil penalty amount,
as well as addressed questions that the parties may have in advance of the civil penalty hearing
to begin at 8:30 a.m. on Tuesday, February 21, 2017. Consistent with the court's order during
today's telephonic conference, both parties may have until 5:00 p.m. on Monday, February 20,
2017, to file electronically any additional evidence that addresses factual matters outlined by the
court, including Fed. R. Evid. 1006 summaries provided the underlying evidence has previously
been provided to opposing counsel in a manner allowing for easy confirmation.
Notwithstanding the discussion during the conference, in order to avoid any confusion, the
court directs the parties to file electronically by 4:30 p.m. on Friday, February 17, 2017, the
final, joint list of witnesses, identifying by name those to be called live, to be offered by
deposition designation and to be offered by expert report. Signed by District Judge William M.
Conley on 02/16/2017. (mfh) (Entered: 02/16/2017)

02/17/2017

222 Transcript of Telephonic Status Conference, held 2/16/2017 before Chief Judge William M.
Conley. Court Reporter: JD.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (kwf) (Entered: 02/17/2017)

02/17/2017

223 Deposition Designations with Highlights by Plaintiff United States of America, (Attachments:
# 1 Highlighted Deposition - Slugh,
# 2 Highlighted Deposition - Taube) (Phelps, Alan) (Entered: 02/17/2017)

02/17/2017

224 Joint Stipulated Facts for Civil Penalty Hearing by Plaintiff United States of America. (Phelps,
Alan) (Entered: 02/17/2017)

02/17/2017

225 Joint Witness List for Civil Penalty Hearing by Plaintiff United States of America. (Phelps,
Alan) (Entered: 02/17/2017)

02/20/2017

226 Supplemental Exhibit List by Plaintiff United States of America. (Phelps, Alan) (Entered:
02/20/2017)

02/20/2017

227 Exhibit List - Amended Exhibit List for Civil Penalty Hearing by Defendant Spectrum Brands,
Inc., (Attachments:
# 1 Exhibit DTX715 - CPSC March 13, 1985 Release No. 85-012,
# 2 Exhibit DTX716 - CPSC Docket No. 06-C0003, Fed Register, Vol 71, No 88, 5-08-2006,
# 3 Exhibit DTX717 - Timeline (2008-2015),
# 4 Exhibit DTX718 - Timeline (2012-2013)) (Wilson, Eric) (Entered: 02/20/2017)

02/21/2017

228 ORDER on Deposition Designations. Signed by District Judge William M. Conley on
2/21/2017. (voc) (Entered: 02/21/2017)

02/22/2017

229 Minute Entry for proceedings held before District Judge William M. Conley: Evidentiary
Hearing held on 2/21/2017. [06:14] (Court Reporter JLD/CS.) (jls) (Entered: 02/22/2017)

02/22/2017

230 Motion by Defendant Spectrum Brands, Inc. Proffer and Motion to Admit Additional Testimony.
(Wilson, Eric) Modified on 2/22/2017. (lak) (Entered: 02/22/2017)

02/27/2017

231 Transcript of Evidentiary Hearing, held 2/21/2017 before Judge William M. Conley. Court
Reporter: JD.

Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (voc) (Entered: 02/27/2017)
03/02/2017

232 Transcript of Evidentiary Hearing- Afternoon Session, held 2/21/17 before Judge William M.
Conley. Court Reporter: CS.
Please review the court policy regarding electronic transcripts: see Electronic Transcript
Instructions and Notice of Intent to Request Redaction. (jat) (Entered: 03/02/2017)

06/12/2017

233 Notice of Withdrawal of Counsel by Thomas Edward Ross re: Plaintiff United States of
America. (Ross, Thomas) (Entered: 06/12/2017)

09/29/2017

234 ORDER accepting 216 Joint Stipulation Regarding Exhibits ; granting 230 Motion to proffer
additional testimony; and entering a civil penalty and permanent injunction. Signed by District
Judge William M. Conley on 09/29/2017. (mfh) (Entered: 09/29/2017)

10/03/2017

235 JUDGMENT in favor of United States of America against Spectrum Brands, Inc. in the amount
of $1,936,675.00. (WMC /PAO) (voc) (Entered: 10/03/2017)

10/24/2017

236 Motion to Stay Pending Appeal by Defendant Spectrum Brands, Inc. Response due 10/31/2017.
(Wilson, Eric) (Entered: 10/24/2017)

10/24/2017

237 Brief in Support of 236 Motion to Stay Pending Appeal by Defendant Spectrum Brands, Inc.
(Wilson, Eric) (Entered: 10/24/2017)

10/25/2017

238 ORDER re 236 Motion to Stay Pending Appeal filed by Spectrum Brands, Inc. Signed by
District Judge William M. Conley on 10/25/2017. (voc) (Entered: 10/25/2017)

10/31/2017

239 Brief in Opposition by Plaintiff United States of America re: 236 Motion to Stay filed by
Spectrum Brands, Inc. (Phelps, Alan) (Entered: 10/31/2017)

11/09/2017

240 NOTICE OF APPEAL by Defendant Spectrum Brands, Inc. as to 196 Order, 235 Judgment,
234 Order on Stipulation. Filing fee of $ 505, receipt number 0758-2140176 paid. No
Docketing Statement filed. (Wilson, Eric) (Entered: 11/09/2017)