United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?10089853099118-L_1_0-1

SEALDC,SEAL-ORD,CLOSED,A/R,SPECIAL

United States District Court Eastern District of Pennsylvania (Allentown) CIVIL DOCKET FOR CASE #: 5:09-cv-02857-LS

THE STEAK UMM COMPANY, LLC v. STEAK 'EM UP, INC. Date Filed: 06/25/2009 Assigned to: HONORABLE LAWRENCE F. STENGEL Date Terminated: 04/11/2012 Cause: 15:1125 Trademark Infringement (Lanham Act) Jury Demand: None Nature of Suit: 840 Trademark Jurisdiction: Federal Question Plaintiff THE STEAK UMM COMPANY, LLC represented by HEATHER TASHMAN FRITTS STRADLEY, RONON, STEVENS & YOUNG LLP 2600 ONE COMMERCE SQUARE PHILADELPHIA, PA 19103 215-564-8076 Email: hfritts@stradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED KATIE M. GAUGHAN SOCIAL SECURITY ADMIN REGION III 300 SPRING GARDEN ST 6TH FL PHILADELPHIA, PA 19123 215-564-8000 Email: katie.gaughan@ssa.gov TERMINATED: 10/15/2010 LEAD ATTORNEY KEVIN W. GOLDSTEIN STRADLEY RONON STEVENS & YOUNG LLP GREAT VALLEY CORPORATE CENTER 30 VALLEY STREAM PARKWAY MALVERN, PA 19355-1481 610-640-5810 Fax: 610-640-1965 Email: kgoldstein@stradley.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

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KRISTIN J. JONES STRADLEY, RONON, STEVENS & YOUNG, LLP 30 VALLEY STREAM PARKWAY MALVERN, PA 19355 610-640-5800 Email: kjones@stradley.com ATTORNEY TO BE NOTICED V. Defendant STEAK 'EM UP, INC. represented by ROBERT A. MCKINLEY KLEHR HARRISON HARVEY BRANZBURG LLP 1835 MARKET ST STE 1400 PHILADELPHIA, PA 19103 215-568-6060 Fax: 215-568-6603 Email: rmckinley@klehr.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 06/25/2009

Docket Text

1 COMPLAINT against STEAK 'EM UP, INC. ( Filing fee $ 350 receipt number 003865.), filed by THE STEAK UMM COMPANY, LLC.(tj, ) (Additional attachment(s) added on 1/26/2012: # 1 Designation Form) (er, ). (Entered: 06/25/2009) Summons Issued; 1 Given to counsel 6/25/09 as to STEAK 'EM UP, INC. (tj, ) (Entered: 06/25/2009) DEMAND for Trial by Jury by THE STEAK UMM COMPANY, LLC. (tj, ) (Entered: 06/25/2009) 2 Disclosure Statement Form pursuant to FRCP 7.1 by THE STEAK UMM COMPANY, LLC.(tj, ) (Entered: 06/25/2009) 3 REPORT on the filing or determination of an action regarding patent and/or trademark number(s) 1,033,176; 1,116,446 & 2,375,933. (tj, ) (Entered: 06/25/2009) 4 WAIVER OF SERVICE Returned Executed by THE STEAK UMM COMPANY, LLC. STEAK 'EM UP, INC. waiver sent on 6/29/2009, answer due 8/28/2009. (GOLDSTEIN, KEVIN) (Entered: 07/10/2009) 5 NOTICE of Appearance by KEVIN W. GOLDSTEIN on behalf of THE STEAK UMM COMPANY, LLC with Jury Demand, Certificate of Service(GOLDSTEIN, KEVIN) (Entered: 07/10/2009)

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08/28/2009

6 MOTION to Strike 1 Complaint, MOTION for Sanctions filed by STEAK 'EM UP, INC..Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit B)(MCKINLEY, ROBERT) **(FILED IN ERROR BY ATTY., ATTY. HAS RE-FILED SEE DOC.# 7 )** Modified on 8/31/2009 (fh) (fh, ). (Entered: 08/28/2009) 7 MOTION to Strike 1 Complaint, MOTION for Sanctions filed by STEAK 'EM UP, INC., Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A (part 1), # 2 Exhibit A (part 2), # 3 Exhibit B)(MCKINLEY, ROBERT) Modified on 8/31/2009 (fh) (Entered: 08/28/2009) 8 Statement pursuant to F.R.C.P. 7.1 by STEAK 'EM UP, INC.. (MCKINLEY, ROBERT) (Entered: 09/02/2009) Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by STEAK 'EM UP, INC. (SEE PAPER #8 FOR PDF ATTACHMENT) (lisad, ) (Entered: 09/03/2009) 9 RESPONSE in Opposition re 7 MOTION to Strike 1 Complaint MOTION for Sanctions filed by THE STEAK UMM COMPANY, LLC. Brief, Certificate of Service. (Attachments: # 1 Brief in Opposition to the Motion to Strike, # 2 Text of Proposed Order, # 3 Exhibit A and B)(GAUGHAN, KATIE) Modified on 9/15/2009 (lisad, ). (Entered: 09/14/2009) 10 NOTICE of Hearing:RULE 16 CONFERENCE SET FOR 12/11/2009 AT 11:00 AM BEFORE HONORABLE LAWRENCE F. STENGEL IN THE U.S. DISTRICT COURT STATION IN READING, LOCATED IN THE MADISON BUILDING, 400 WASHINGTON STREET.(pac,) (Entered: 10/30/2009) 11 MEMORANDUM AND ORDER THAT THE MOTION TO STRIKE THE COMPLAINT FILED BY STEAK EM UP, INC. IS DENIED; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/29/09. 10/30/09 ENTERED AND E-MAILED.(jl, ) (Entered: 10/30/2009) 12 ORDER THAT DEFENDANT'S MOTION TO STRIKE IS DENIED; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/29/09. 10/30/09 ENTERED AND E-MAILED.(jl, ) (Entered: 10/30/2009) 13 ANSWER to 1 Complaint by STEAK 'EM UP, INC., Jury Demand, Certificate of Service. (Attachments: # 1 Rule 7.1 Corporate Disclosure Statement, # 2 Certificate of Service)(MCKINLEY, ROBERT) Modified on 11/16/2009 (lisad, ). (Entered: 11/13/2009) Disclosure Statement Form pursuant to FRCP 7.1 by STEAK 'EM UP, INC. (SEE PAPER # 13 FOR PDF ATTACHMENT) (lisad, ) (Entered: 11/16/2009) 14 ORDER THAT THE ABOVE-CAPTIONED CASE IS REFERRED TO U.S. MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/14/09. 12/15/09 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(kw, ) (Entered: 12/15/2009)

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12/17/2009

15 Minute Entry for proceedings held before THE HONORABLE LAWRENCE F. STENGEL re: A Rule 16 Status Conference was held on 12/11/09 and was not placed on the record. (ky, ) (Entered: 12/17/2009) 16 ORDER THAT AN IN PERSON SETTLEMENT CONFERENCE IS SCHEDULED FOR 1/27/2010 AT 9:30 A.M. BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/17/09. 12/17/09 ENTERED AND COPIES E-MAILED AND SERVED BY CHAMBERS. (ky, ) (Entered: 12/17/2009) 17 ORDER THAT A TELEPHONIC SETTLEMENT/STATUS CONFERENCE IS SCHEDULED FOR 1/20/2010 AT 3:30 P.M. BEFORE MAGISTRATE JUDGE HENRY S. PERKIN. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 12/17/09. 12/17/09 ENTERED AND COPIES E-MAILED AND SERVED BY CHAMBERS. (ky, ) (Entered: 12/17/2009) 18 ORDERED THAT THE 12/14/09 ORDER OF THIS COURT REFERRING THE ABOVE-CAPTIONED MATTER TO UNITED STATES MAGISTRATE JUDGE HENRY S. PERKIN IS VACATED. IT IS FURTHER ORDERED THAT THE ABOVE-CAPTIONED MATTER IS REFERRED TO MAGISTRATE JUDGE HENRY S. PERKIN FOR SETTLEMENT ONLY; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/22/09. 12/22/09 ENTERED AND E-MAILED.(jl, ) (Entered: 12/22/2009) 19 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 1/20/10. Court Reporter: None. (er, ) (Entered: 01/21/2010) 20 ORDER AT THE REQUEST OF ATTORNEY MCKINLEY FOR A CONTINUANCE, PLEASE BE ADVISED THAT A THE IN PERSON SETTLEMENT CONFERENCE IN THE ABOVE-CAPTIONED CASE SCHEDULED TO BE HELD ON WEDNESDAY, JANUARY 27, 2010 AT 9:30 A.M. HAS BEEN CHANGED TO THURSDAY, MAY 27, 2010, AT 9:30 A.M. BEFORE THE HONORABLE HENRY S. PERKIN, UNITED STATES MAGISTRATE JUDGE, IN SUITE 4401, UNITED STATES COURTHOUSE AND FEDERAL BUILDING, 504 WEST HAMILTON STREET, ALLENTOWN, PA, ETC. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 1/20/10. 1/21/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED BY COURTROOM DEPUTY.(er, ) (Entered: 01/21/2010) 21 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN: a Telephonic Settlement Conference held on 1/21/10. Court Reporter: None. (er, ) (Entered: 01/22/2010) 22 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 4/21/10 and was not placed on the record. (ky, ) (Entered: 04/21/2010) 23 Minute Entry for proceedings held before MAGISTRATE JUDGE HENRY S. PERKIN re: A Telephonic Settlement Conference was held on 5/12/10 and was not placed on the record. (ky, ) (Entered: 05/17/2010)

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24 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Status Conference was held on 5/17/10. (kp, ) (Entered: 05/18/2010) 25 ORDER THAT THE IN PERSON SETTLEMENT CONFERENCE IN THE ABOVECAPTIONED CASE SCHEDULED TO BE HELD ON 5/27/10 AT 9:30 A.M. IS CANCELLED. SIGNED BY MAGISTRATE JUDGE HENRY S. PERKIN ON 5/18/10. 5/18/10 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 05/18/2010) 26 SCHEDULING ORDER: FINAL PRETRIAL CONFERENCE SET FOR 10/25/2010 09:30 AM IN ROOM 3809 BEFORE HONORABLE LAWRENCE F. STENGEL. A TELEPHONIC STATUS CONFERENCE SET FOR 8/27/2010 10:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL. DISCOVERY DUE BY 9/17/2010. JURY SELECTION SET FOR 11/1/2010 09:30 AM IN COURTROOM 3B BEFORE HONORABLE LAWRENCE F. STENGEL. MOTIONS DUE BY 10/4/2010. PLAINTIFF PRETRIAL MEMO DUE BY 10/15/2010. DEFENDANT PRETRIAL MEMO DUE BY 10/15/2010; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/19/2010. 5/19/2010 ENTERED AND COPIES E-MAILED TO COUNSEL.(tomg, ) (Entered: 05/19/2010) 27 Minute Entry for proceedings held before THE HONORABLE LAWRENCE F. STENGEL re: A Status Conference was held on 8/27/10 and was not placed on the record. (ky, ) (Entered: 08/30/2010) 28 AMENDED SCHEDULING ORDER THAT DISCOVERY SHALL BE COMPLETED BY 9/30/2010. PLAINTIFF SHALL FILE AND SERVE ITS EXPERT REPORTS ON THE DEFENDANT NO LATER THAN 10/10/10. ALL OTHER DEADLINES SET FORTH IN THIS COURT'S ORDER OF MAY 19, 2010 SHALL REMAIN UNCHANGED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/27/10. 8/30/10 ENTERED AND COPIES E-MAILED.(ky, ) (Entered: 08/30/2010) 29 CONFIDENTIALITY STIPULATION AND PROTECTIVE ORDER WITH COURT APPROVAL RE: CERTAIN STATEMENTS; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/30/10. 8/31/10 ENTERED AND E-MAILED.(jl, ) (Entered: 08/31/2010) 30 Minute Entry for proceedings held before THE HONORABLE LAWRENCE F. STENGEL re: A Status Conference was held on 10/1/10 and was not placed on the record. (ky, ) (Entered: 10/05/2010) 31 MOTION to Quash Notice of Deposition and/or for Protective Order filed by THE STEAK UMM COMPANY, LLC.Brief, Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A - E)(GAUGHAN, KATIE) (Entered: 10/05/2010) 32 AMENDED SCHEDULING ORDER THAT THIS COURT SCHEDULING ORDER ISSUED 5/19/10 IS VACATED. THE PARTIES MAY FILE DISPOSITIVE MOTIONS NO LATER THAN 12/3/10; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/5/10. 10/6/10 ENTERED AND E-MAILED.(jl, ) (Entered: 10/06/2010) 33 RESPONSE in Opposition re 31 MOTION to Quash Notice of Deposition and/or for Protective Order filed by STEAK 'EM UP, INC.. (Attachments: # 1 Exhibit A, Part 1 -

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Excerpts from 30(b)(6) Deposition of The Steak Umm Company, # 2 Exhibit A, Part 2 Exhibit D-14 from 30(b)(6) Deposition of The Steak Umm Company, Part A, # 3 Exhibit A, Part 3 - Exhibit D-14 from 30(b)(6) Deposition of The Steak Umm Company, Part B, # 4 Exhibit A, Part 4 - Exhibit D-15 from 30(b)(6) Deposition of The Steak Umm Company, Part A, # 5 Exhibit A, Part 5 - Exhibit D-14 from 30(b)(6) Deposition of The Steak Umm Company, Part B, # 6 Exhibit B, Letter from Robert A McKinley, Esq. to Kevin W. Goldstein, Esq., # 7 Certificate of Service)(MCKINLEY, ROBERT) (Entered: 10/08/2010) 10/15/2010 34 Withdraw Motion to Quash Notice of Deposition and/or for Protective Order [Dkt 31] by THE STEAK UMM COMPANY, LLC. (GAUGHAN, KATIE) (Entered: 10/15/2010) 35 NOTICE of Withdrawal of Appearance by KATIE M. GAUGHAN on behalf of THE STEAK UMM COMPANY, LLC(GAUGHAN, KATIE) (Entered: 10/15/2010) 36 NOTICE of Appearance by HEATHER TASHMAN FRITTS on behalf of THE STEAK UMM COMPANY, LLC with Certificate of Service(FRITTS, HEATHER) (Entered: 10/15/2010) 37 AMENDED SCHEDULING ORDER THAT THIS COURT'S SCHEDULING ORDER ISSUED 10/5/10 IS VACATED. THE PARTIES MAY FILE DISPOSITIVE MOTIONS NO LATER THAN 2/11/11; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/1/10. 12/1/10 ENTERED AND E-MAILED.(jl, ) (Entered: 12/01/2010) 38 Minute Entry for proceedings held before THE HONORABLE LAWRENCE F. STENGEL re: A Status Conference was held on 2/15/11. The matter was not placed on the record. (ky, ) (Entered: 02/16/2011) 39 AMENDED SCHEDULING ORDER THAT THE PARTIES MAY FILE DISPOSITIVE MOTIONS NO LATER THAN 4/22/11; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 2/16/11. 2/16/11 ENTERED AND E-MAILED.(jl, ) (Entered: 02/16/2011) 40 AMENDED SCHEDULING ORDER THAT THE PARTIES SHALL FILE ANY DISPOSITIVE MOTIONS NO LATER THAN 5/6/11; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/6/11. 4/7/11 ENTERED AND E-MAILED.(jl, ) (Entered: 04/07/2011) 41 AMENDED SCHEDULING ORDER THAT THE PARTIES MAY FILE ANY DISPOSITIVE MOTIONS NO LATER THAN 5/20/11; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/25/11. 4/25/11 ENTERED AND E-MAILED.(jl, ) (Main Document 41 replaced on 4/25/2011) (jl, ). (Entered: 04/25/2011) 42 MOTION to Amend/Correct Complaint filed by THE STEAK UMM COMPANY, LLC.Certificate of Service. (Attachments: # 1 Memorandum of Law in Support of Motion to Amend, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B)(FRITTS, HEATHER) (Entered: 05/03/2011)

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05/04/2011

43 ORDER THAT THE MOTION TO AMEND OR CORRECT ITS COMPLAINT (DOC. NO. 42), IS GRANTED. THE CLERK OF THE COURT IS DIRECTED TO DOCKET, AS PLAINTIFF'S AMENDED COMPLAINT, EXHIBIT A TO PLAINTIFF'S MOTION. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 5/4/2011.5/4/2011 ENTERED AND COPIES E-MAILED.(amas) (Entered: 05/04/2011) 44 AMENDED COMPLAINT against STEAK 'EM UP, INC., filed by THE STEAK UMM COMPANY, LLC.(amas, ) (Entered: 05/04/2011) 45 MOTION for Summary Judgment filed by THE STEAK UMM COMPANY, LLC.. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Uncontested Facts, # 3 Memorandum of Law in Support of Motion for Summary Judgment, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Certificate of Service) (FRITTS, HEATHER) (Entered: 05/20/2011) 46 MOTION for Summary Judgment filed by STEAK 'EM UP, INC..Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum in Support, # 2 Separate Statement of Uncontestable Facts, # 3 Declaration of Robert A. McKinley, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C (placeholder for confidential exhibit to be filed under seal), # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H (placeholder for exhibit that could not be electronically filed), # 12 Exhibit I, # 13 Exhibit J, # 14 Declaration of Michael Lane, # 15 Exhibit L, # 16 Exhibit M, Part 1, # 17 Exhibit M, Part 2, # 18 Exhibit N, Part 1, # 19 Exhibit N, Part 2, # 20 Exhibit O, Part 1, # 21 Exhibit O, Part 2, # 22 Text of Proposed Order, # 23 Certificate of Service) (MCKINLEY, ROBERT) (Entered: 05/20/2011) 47 EXHIBIT C by STEAK 'EM UP, INC. TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. (FILED UNDER SEAL) (jl, ) (Entered: 05/23/2011) 48 EXHIBIT H by STEAK 'EM UP, INC. TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. (FILED IN HARD COPY)(jl, ) (Entered: 05/23/2011) 49 Amended ANSWER to 44 Amended Complaint by STEAK 'EM UP, INC..(MCKINLEY, ROBERT) (Entered: 05/27/2011) 50 RESPONSE in Opposition re 46 MOTION for Summary Judgment filed by THE STEAK UMM COMPANY, LLC with Memorandum and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Plaintiff's Opposition to Defendant's Separate Statement of Uncontestable Facts, # 3 Exhibits to Plaintiff's Opposition to Defendant's Separate Statement of Uncontestable Facts, # 4 Certificate of Service) (FRITTS, HEATHER) Modified on 6/14/2011 (lbc, ). (Entered: 06/10/2011) 51 MOTION for Leave to File Excess Pages for its Opposition to Plaintiff's Motion for Summary Judgment filed by STEAK 'EM UP, INC..Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(MCKINLEY, ROBERT) (Entered: 06/10/2011) 52 RESPONSE in Opposition re 45 MOTION for Summary Judgment filed by STEAK 'EM UP, INC. with Declaration, Memorandum and Certificate of Service. (Attachments: # 1 Response to Plaintiff's Seperate Statement of Uncontested Facts, # 2

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Declaration of Robert A. McKinley in Opposition to Plaintiff's Motion for Summary Judgment, # 3 Exhibit A1, # 4 Exhibit A2, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Text of Proposed Order, # 15 Certificate of Service)(MCKINLEY, ROBERT) Modified on 6/14/2011 (lbc, ). (Entered: 06/10/2011) 06/17/2011 53 REPLY to Response to Motion re 45 MOTION for Summary Judgment filed by THE STEAK UMM COMPANY, LLC. (Attachments: # 1 Exhibits, # 2 Certificate of Service)(FRITTS, HEATHER) (Entered: 06/17/2011) 54 REPLY to Response to Motion re 46 MOTION for Summary Judgment and Certificate of Service filed by STEAK 'EM UP, INC.. (MCKINLEY, ROBERT) (Entered: 06/17/2011) 55 MOTION for Leave to File Surreply filed by THE STEAK UMM COMPANY, LLC.with Memorandum and Certificate of Service. (Attachments: # 1 Text of Proposed Order, # 2 Memorandum of Law in Support of Motion for Leave to File Surreply, # 3 Exhibit, # 4 Certificate of Service)(JONES, KRISTIN) (Entered: 06/22/2011) 56 ORDER THAT PLAINTIFF'S MOTION TO FILE A SUR REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT IS GRANTED. THE CLERK OF COURT IS DIRECTED TO DOCKET PLAINTIFF'S SUR-REPLY MEMORANDUM; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/23/11. 6/23/11 ENTERED AND E-MAILED.(jl, ) (Entered: 06/23/2011) 57 THE STEAK UMM COMPANY, LLC REPLY IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, EXHIBITS. (Attachments: # 1 EXHIBITS)(jl, ) (Entered: 06/23/2011) 58 ORDER THAT THE COURT'S ORDER GRANTING PLAINTIFF'S MOTION TO FILE A SUR-REPLY IS HEREBY AMENDED TO REFLECT THAT PLAINTIFF IS GRANTED LEAVE TO FILE A SUR-REPLY IN FURTHER SUPPORT OF ITS OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/23/11. 6/23/11 ENTERED AND E-MAILED.(jl, ) (Entered: 06/23/2011) 59 Minute Entry for proceedings held before THE HONORABLE LAWRENCE F. STENGEL re: A Status Conference was held on 8/19/11 and was not placed on the record. (ky, ) (Entered: 08/22/2011) 60 MEMORANDUM AND ORDER THAT THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/23/11. 8/23/11 ENTERED AND E-MAILED.(jl, ) (Entered: 08/23/2011) 61 ORDER THAT THE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS DENIED. THE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART. THE DEFENDANT'S MOTION FOR LEAVE TO FILE EXCESS PAGES IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/23/11. 8/23/11 ENTERED AND

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E-MAILED.(jl, ) (Entered: 08/23/2011) 08/31/2011 FINAL PRETRIAL CONFERENCE SET FOR 10/6/2011 02:00 PM BEFORE HONORABLE LAWRENCE F. STENGEL. JURY SELECTION SET FOR 10/17/2011 09:30AM BEFORE HONORABLE LAWRENCE F. STENGEL. JURY TRIAL SET FOR 10/17/2011 09:30 AM BEFORE HONORABLE LAWRENCE F. STENGEL. (jl, ) (Entered: 08/31/2011) 62 ORDER THAT A FINAL PRETRIAL CONFERENCE SHALL BE HELD ON 10/6/11 AT 2:00 P.M.. TRIAL IN THIS MATTER WILL COMMENCE WITH JURY SELECTION ON 10/17/11 AT 9:30 A.M.; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 8/31/11. 8/31/11 ENTERED AND E-MAILED.(jl, ) (Entered: 08/31/2011) 63 Exhibit List and Witness List by THE STEAK UMM COMPANY, LLC.. with Certificate of Service (JONES, KRISTIN) (Entered: 09/16/2011) 64 Exhibit List and Witness List by STEAK 'EM UP, INC... Certificate of Service (MCKINLEY, ROBERT) (Entered: 09/20/2011) 65 STIPULATION TO WAIVE JURY TRIAL AND CONDUCT BENCH TRIAL by STEAK 'EM UP, INC., THE STEAK UMM COMPANY, LLC. (JONES, KRISTIN) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 9/23/2011 (nd, ). (Entered: 09/21/2011) 66 STIPULATION AND ORDER THAT THEY WAIVE THEIR RESPECTIVE REQUESTS FOR A JURY TRIAL IN THIS MATTER, AND THAT A TRIAL OF THIS MATTER MAY BE CONDUCTED AS A BENCH TRIAL; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/26/11. 9/26/11 ENTERED AND E-MAILED.(jl, ) (Entered: 09/26/2011) 67 STIPULATION AND ORDER THAT THEY WAIVE THEIR RESPECTIVE REQUESTS FOR A JURY TRIAL IN THIS MATTER, AND THAT A TRIAL OF THIS MATTER MAY BE CONDUCTED AS A BENCH TRIAL; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 9/26/11. 9/27/11 ENTERED AND E-MAILED.(jl, ) (Entered: 09/27/2011) 68 PRETRIAL MEMORANDUM by THE STEAK UMM COMPANY, LLC Certificate of Service. (Attachments: # 1 Exhibit)(JONES, KRISTIN) (Entered: 09/29/2011) 69 PRETRIAL MEMORANDUM by STEAK 'EM UP, INC. Certificate of Service. (Attachments: # 1 Exhibit A, (Def. Exhibit List), # 2 Exhibit B, (Obj. to Plaintiff's Exhibit List))(MCKINLEY, ROBERT) (Entered: 09/30/2011) 70 MOTION in Limine to Preclude Documents Not Produced and Unidentified Witnesses filed by THE STEAK UMM COMPANY, LLC.with Memorandum and Certificate of Service. (Attachments: # 1 Exhibit)(JONES, KRISTIN) (Entered: 09/30/2011) 71 MOTION in Limine to Preclude Expert Testimony from Dr. Michael Rappeport filed by THE STEAK UMM COMPANY, LLC.with Memorandum and Certificate of Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(JONES, KRISTIN) (Entered: 09/30/2011)

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?10089853099118-L_1_0-1

10/05/2011

72 MOTION to Strike 69 Pretrial Memorandum and, MOTION for Sanctions filed by THE STEAK UMM COMPANY, LLC.with Memorandum and Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(JONES, KRISTIN) (Entered: 10/05/2011) 73 RESPONSE in Opposition re 71 MOTION in Limine to Preclude Expert Testimony from Dr. Michael Rappeport filed by STEAK 'EM UP, INC.. (Attachments: # 1 Exhibit 1 (Rappeport Dep. Transcript))(MCKINLEY, ROBERT) (Entered: 10/05/2011) 74 RESPONSE in Opposition re 70 MOTION in Limine to Preclude Documents Not Produced and Unidentified Witnesses filed by STEAK 'EM UP, INC.. (MCKINLEY, ROBERT) (Entered: 10/05/2011) 75 ORDER THAT PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE DOCUMENTS NOT PRODUCED AND UNIDENTIFIED WITNESSES (DOC. NO. 70) IS DENIED. PLAINTIFF'S MOTION IN LIMINE TO PRECLUDE EXPERT TESTIMONY FROM DR. MICHAEL RAPPEPORT (DOC. NO. 71) IS DENIED. DEFENDANT'S OBJECTIONS TO PLAINTIFF'S WITNESSES, GENE GALIARDI AND ROBERT KLEIN (DOC. NO. 69) ARE OVERRULED. A TWO-DAY BENCH TRIAL WILL COMMENCE ON 10/24/2011 AT 11 A.M. IN COURTROOM 3B. THE PARTIES SHALL SUBMIT PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH SPECIFIC REFERENCE TO TRIAL TESTIMONY AND EVIDENCE ON OR BEFORE 11/10/2011. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/11/2011.10/11/2011 ENTERED AND COPIES E-MAILED.(jmf, ) (Entered: 10/11/2011) 76 MOTION in Limine to Preclude Documents and Testimony Related to PTx. 10 and PTx. 11 filed by STEAK 'EM UP, INC..Memorandum and Certificate of Service. (Attachments: # 1 Memorandum and Certificate of Service, # 2 Exhibit A (Ptx. 10), # 3 Exhibit B (PTx. 11), # 4 Text of Proposed Order)(MCKINLEY, ROBERT) (Entered: 10/13/2011) 77 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Final Pretrial Conference held on 10/6/11 (jl, ) (Entered: 10/14/2011) 78 RESPONSE in Opposition re 76 MOTION in Limine to Preclude Documents and Testimony Related to PTx. 10 and PTx. 11 filed by THE STEAK UMM COMPANY, LLC. (Attachments: # 1 Text of Proposed Order)(JONES, KRISTIN) (Entered: 10/18/2011) 79 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Bench Trial day one (jl, ) (Entered: 10/25/2011) 80 Minute Entry for proceedings held before HONORABLE LAWRENCE F. STENGEL: Bench Trial day two (jl, ) (Entered: 10/31/2011) 81 ORDER THAT PLAINTIFFS MOTION TO STRIKE DEFENDANTS PRETRIAL MEMORANDUM AND MOTION FOR SANCTIONS IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 11/8/11.11/9/11 ENTERED AND E-MAILED.(jl, ) (Entered: 11/09/2011)

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?10089853099118-L_1_0-1

11/17/2011 11/17/2011 12/27/2011

82 Proposed Findings of Fact and Conclusions of Law by THE STEAK UMM COMPANY, LLC. Certificate of Service (FRITTS, HEATHER) (Entered: 11/17/2011) 83 Proposed Findings of Fact and Conclusions of Law by STEAK 'EM UP, INC.. Certificate of Service (MCKINLEY, ROBERT) (Entered: 11/17/2011) 84 TRANSCRIPT of Bench Trial-Day One held on 10/24/11, before Judge STENGEL. Court Reporter/Transcriber L. BUENZLE. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/17/2012. Redacted Transcript Deadline set for 1/24/2012. Release of Transcript Restriction set for 3/23/2012. (rf, ) (Entered: 12/27/2011) 85 TRANSCRIPT of BENCH TRIAL-DAY TWO held on 10/25/11, before Judge STENGEL. Court Reporter/Transcriber A. FOLLMER. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 1/17/2012. Redacted Transcript Deadline set for 1/24/2012. Release of Transcript Restriction set for 3/23/2012. (rf, ) (Entered: 12/27/2011) 86 Notice of Filing of Official Transcript with Certificate of Service re 84 Transcript PDF, 85 Transcript - PDF, 12/27/11 Entered and Copies Emailed and Mailed.. (rf, ) (Entered: 12/27/2011) 87 ORDER THAT THE MOTION IN LIMINE TO PRECLUDE DOCUMENTS AND TESTIMONY RELATED TO PTX. 10 AND PTX. 11 (DOC. #76) IS DENIED AS MOOT. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 3/21/2012;3 /21/2012 ENTERED AND COPIES E-MAILED.(tomg, ) (Entered: 03/21/2012) 88 MEMORANDUM AND ORDER THAT THE DEFENDANT DID NOT INFRINGE ON PLAINTIFF'S MARK. NOR IS THE DEFENDANT LIABLE FOR ANY OF THE OTHER CLAIMS ALLEGED. THE PLAINTIFF FAILED TO ESTABLISH GROUNDS FOR INJUNCTIVE RELIEF. JUDGMENT WILL BE ENTERED IN FAVOR OF THE DEFENDANT STEAM EM UP, INC. AND AGAINST THE PLAINTIFF, THE STEAK UMM COMPANY, LLC; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/11/12. 4/12/12 ENTERED AND E-MAILED.(jl, ) (Entered: 04/12/2012) 89 ORDER OF JUDGMENT THAT JUDGEMENT IS HEREBY ENTERED ON BEHALF OF THE DEFENDANT STEAM EM UP, INC. AND AGAINST THE PLAINTIFF THE STEAK UMM COMPANY, LLC; ETC.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 4/11/12. 4/12/12 ENTERED AND E-MAILED.(jl, ) (Entered: 04/12/2012)

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United States District Court Eastern District of Pennsylvania

https://ecf.paed.uscourts.gov/cgi-bin/DktRpt.pl?10089853099118-L_1_0-1

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Docket Report Search Criteria: 5:09-cv-02857-LS

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