United States of America v. Spectrum Brands, Inc.
Filing
266
Transmission of Notice of Appeal, Orders, Judgments and Docket Sheet to Seventh Circuit Court of Appeals re: 264 Notice of Appeal, (Attachments: # 1 Order No.: 196, # 2 Order No.: 234, # 3 Judgment, # 4 Order No.: 256, # 5 Opinion and Order No.: 262, # 6 Amended Judgment, # 7 Docket Sheet) (lak)
3015, APPEAL, CLOSED, DECLINE_MJ, DPM, PROTECTIVE_ORDER, REMAND,
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
Case in other court: Seventh Circuit Court of Appeals, 17-03331
Seventh Circuit Court of Appeals, 17-03454
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: alan.phelps@usdoj.gov
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: 202-514-8742
Email: monica.c.groat@usdoj.gov
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: 202-514-8742
Email: Thomas.E.Ross@usdoj.gov
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: 410-385-3700
Email: tmullin@milesstockbridge.com
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
(608) 284-2603
Fax: (608) 257-0609
Email: ewilson@gklaw.com
ATTORNEY TO BE NOTICED
Erika Ziebarth Jones
Mayer Brown LLP
1999 K St NW
Washington, DC 20006
202-263-3232
Fax: 202-263-5232
Email: ejones@mayerbrown.com
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: 608-257-0609
Email: jgregor@gklaw.com
ATTORNEY TO BE NOTICED
Kevin James Penhallegon
Miles & Stockbridge PC
Suite 700
100 Light Street
Baltimore, MD 21202
410-385-3678
Fax: 410-385-3700
Email: kpenhallegon@milesstockbridge.com
ATTORNEY TO BE NOTICED
Mark Warren Hancock
Godfrey & Kahn
One East Main Street
Ste. 500
Madison, WI 53701
608-284-2251
Fax: 608-257-0609
Email: mhancock@gklaw.com
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: 202-434-7400
Email: mcohen@mintz.com
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 (608) 264-5153. [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 (608) 264-5153. [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 (608)
264-5153. (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 (608) 264-5087. (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 (608) 264-5087. (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 (608) 264-5087. (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 (608) 264-5087. (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 (608) 264-5087. (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)
11/13/2017
241 Appeal Information Packet. (lak) (Entered: 11/13/2017)
11/13/2017
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) (Entered: 11/13/2017)
11/13/2017
243 ORDER granting in part and denying in part 236 Motion to Stay Pending Appeal by Defendant
Spectrum Brands, Inc. Signed by District Judge William M. Conley on 11/13/2017. (voc) (Entered:
11/13/2017)
11/13/2017
USCA Case Number 17-3331 for 240 Notice of Appeal filed by Spectrum Brands, Inc. (voc)
(Entered: 11/13/2017)
11/27/2017
244 Transcript Request Form by Defendant Spectrum Brands, Inc. re: 240 Notice of Appeal. (Wilson,
Eric) (Entered: 11/27/2017)
11/27/2017
245 Designation of Record on Appeal by Defendant Spectrum Brands, Inc. re: 240 Notice of Appeal.
(Wilson, Eric) (Entered: 11/27/2017)
11/28/2017
246 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 240 Notice of
Appeal. (voc) (Entered: 11/28/2017)
12/01/2017
247 NOTICE OF APPEAL by Plaintiff United States of America as to 235 Judgment, 234 Order on
Stipulation. Appeal filed by USA. No Docketing Statement filed. (Phelps, Alan) (Entered:
12/01/2017)
12/01/2017
248 Appeal Information Packet. (lak) (Entered: 12/01/2017)
12/01/2017
249 Transmission of Notice of Appeal, Order, Judgment and Docket Sheet to Seventh Circuit Court of
Appeals re: 247 Notice of Appeal, (Attachments:
# 1 Order,
# 2 Judgment,
# 3 Docket Sheet) (lak) (Entered: 12/01/2017)
12/04/2017
USCA Case Number 17-3454 for 247 Notice of Appeal filed by United States of America. (voc)
(Entered: 12/04/2017)
12/04/2017
250 Response re: 243 Order on Motion to Stay. Memorandum in Compliance with the Court's
November 13, 2017 Order, by Defendant Spectrum Brands, Inc. (Wilson, Eric) (Entered:
12/04/2017)
12/11/2017
251 Transcript Request Form by Plaintiff United States of America re: 247 Notice of Appeal. (Phelps,
Alan) (Entered: 12/11/2017)
12/13/2017
252 Court Reporter Certification of Seventh Circuit Transcript Information Sheet re 247 Notice of
Appeal. (voc) (Entered: 12/13/2017)
12/13/2017
253 Designation of Record on Appeal by Plaintiff United States of America re: 247 Notice of Appeal.
(Phelps, Alan) (Entered: 12/13/2017)
12/18/2017
254 Response re: 243 Order on Motion to Stay. Response to Spectrum's Memorandum in Compliance
with Court's Order, by Plaintiff United States of America. (Phelps, Alan) (Entered: 12/18/2017)
01/05/2018
255 ORDER from USCA as to 247 Notice of Appeal filed by United States of America. IT IS
ORDERED that appeal no. 17-3454 is DISMISSED in accordance with Federal Rule of Appellate
Procedure 42(b). Briefing in appeal no. 17-3331 will remain suspended pending further court
order. No record to be returned. (Attachments:
# 1 Notice of Issuance of Mandate) (voc) (Entered: 01/05/2018)
01/19/2018
256 ORDER amending permanent injunction, granting in part and denying in part 236 Motion to Stay
Pending Appeal. Signed by District Judge William M. Conley on 1/19/2018. (arw) (Entered:
01/19/2018)
01/29/2018
257 Notice by Plaintiff United States of America of Motion for Remand, (Attachments:
# 1 Exhibit - Motion Filed in Court of Appeals) (Phelps, Alan) (Entered: 01/29/2018)
02/26/2018
258 ORDER from USCA as to 240 Notice of Appeal filed by Spectrum Brands, Inc. IT IS ORDERED
that the appellee's motion for remand is GRANTED. In light of the district judge's indication of his
willingness to modify the permanent injunction, this case is REMANDED to the district court for
further proceedings. No record to be returned. (Attachments:
# 1 Notice of Issuance of Mandate) (voc) (Entered: 02/26/2018)
02/26/2018
Set Telephone Pretrial or Status Conference: Telephone Status Conference set for 3/5/2018 at
11:00 AM before Judge William M. Conley. Counsel for Plaintiff is responsible for setting up the
call to chambers at (608) 264-5087. (cak) (Entered: 02/26/2018)
03/05/2018
Minute Entry for proceedings held before District Judge William M. Conley: Telephone Status
Conference held on 3/5/2018 [:10] (Court Reporter JD.) (mfh) (Entered: 03/05/2018)
03/05/2018
259 ORDER re: 3/5/2018 Telephone Conference regarding the Seventh Circuit's mandate and remand
to modify the permanent injunction consistent with this court's January 19, 2018 opinion (dkt. #
256 ). Signed by District Judge William M. Conley on 3/5/2018. (voc) Modified on 3/29/2018
(voc). Modified on 4/10/2018 (voc). (Entered: 03/05/2018)
03/12/2018
260 Response re: 259 Order. Opposition to Modification of the Permanent Injunction by Defendant
Spectrum Brands, Inc. (Wilson, Eric) (Entered: 03/12/2018)
03/19/2018
261 Response re: 259 Order. Response to Defendant's Opposition to Modification by Plaintiff United
States of America. (Phelps, Alan) (Entered: 03/19/2018)
04/09/2018
262 OPINION & ORDER. Signed by District Judge William M. Conley on 4/6/2018. (voc) (Entered:
04/09/2018)
04/09/2018
263 AMENDED JUDGMENT in favor of United States of America against Spectrum Brands, Inc.
(WMC/PAO) (voc) (Entered: 04/09/2018)
04/12/2018
264 NOTICE OF APPEAL by Defendant Spectrum Brands, Inc. as to 196 Order, 235 Judgment, 234
Order on Stipulation, Order on Motion for Miscellaneous Relief, 256 Order on Motion to Stay, 263
Judgment, 262 Order. Filing fee of $ 505, receipt number 0758-2226982 paid. No Docketing
Statement filed. (Wilson, Eric) (Entered: 04/12/2018)
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