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Valmarc Corporation v. Nike, Inc.

3:21-cv-01556 | Oregon District Court

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Division Portland
Judge Judge Karin J. Immergut
Filed Oct. 26, 2021
Terminated Dec. 20, 2024
Case Flags PROTECTIVE ORD, STAYED, and TERMINATED
Cause 18:1836(b) Civil Action to Protect Trade Secrets
Demand $75,000
Jury Demand Plaintiff
Last Updated: 2 weeks, 4 days ago Show Interactive Timeline
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8 Weeks
  • 6/3/2025
The deadline is now June 3, 2025.
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Filing Date # Docket Text
3/12/2025303ORDER GRANTING EXTENSION: Finding good cause, this Court GRANTS the parties' Joint Motion for Extension of Time to move to set aside the Court's 90-day Order of Dismissal. The deadline to move to set aside the dismissal is extended by 75 days. The deadline is now June 3, 2025. Ordered on 3/12/2025 by Judge Karin J. Immergut. (jy) (Entered: 03/12/2025)
3/12/2025
  • Motion to Extend Timeby Π
Joint Motion for Extension of Time For 75-Day Extension of 90-Day Order of Dismissal. Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 03/12/2025)
2/27/2025REDACTED TRANSCRIPT OF PROCEEDINGS FILED for date of November 8, 2024, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER. See Policy at ord.uscourts.gov Related Documents: 277 Transcript of Proceedings,,,. (jjcr) (Entered: 02/27/2025)
1/15/2025300
  • Motion to RedactGranted
ORDER GRANTING UNOPPOSED MOTION TO REDACT TRANSCRIPT PROCEEDINGS: This Court is in receipt of a motion to redact certain language from the transcript of the November 8, 2024 motion hearing in this case, ECF 277. In order to protect the confidential trade secret information discussed at the hearing, this Court GRANTS the motion to redact certain language from the index and transcript of the November 8, 2024 hearing. A partially redacted, unsealed transcript will be filed in accordance with this Order. Ordered on 1/15/2025 by Judge Karin J. Immergut. (jy) (Entered: 01/15/2025)
1/8/2025
  • Motion to Redact
Motion to Redact Transcript of Proceedings,,, 277 . (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Filed by Valmarc Corporation. (O'Brien, Sue) (Entered: 01/08/2025)
12/20/202429890-DAY ORDER OF DISMISSAL: This Court has been informed by Judge Acosta that after the settlement conference, this action has been settled. Accordingly, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within ninety (90) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions are denied as moot. All pretrial deadlines and the scheduled trial dates are stricken. Ordered on 12/20/2024 by Karin J. Immergut. (jp) (Entered: 12/20/2024)
12/19/2024 Declaration of Ben Fabens-Lassen in Support of Defendants' Nike, Inc. and Converse, Inc.'s Motions in Limine. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Filed by Converse, Inc., Nike, Inc.. (Related document(s): Motion in Limine, 296 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42) (Mulloy, Richard) (Entered: 12/19/2024)
12/19/2024
  • Motion in Limineby Δ
Motion in limine Defendants' Nike, Inc. and Converse, Inc.'s Motions in Limine. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Converse, Inc., Nike, Inc.. (Mulloy, Richard) (Entered: 12/19/2024)
12/19/2024 Trial Memorandum . Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024 Proposed Jury Instructions (CONTESTED). Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024Unopposed Proposed Jury Instructions (NONDISPUTED). Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024Joint Witness List . Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16) (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024 Declaration of Bennett Rawicki In Connection with Valmarc's Motions in Limine. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Filed by Valmarc Corporation. (Related document(s): Motion in Limine 290 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Gewertz, Nevin) (Entered: 12/19/2024)
12/19/2024
  • Motion in Limine
Motion in limine Valmarc's Consolidated Motion in Limine. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Valmarc Corporation. (Gewertz, Nevin) (Entered: 12/19/2024)
12/19/2024 Trial Memorandum . Filed by Converse, Inc., Nike, Inc.. (Casey, B. John) (Entered: 12/19/2024)
12/19/2024 Proposed Jury Instructions . Filed by Converse, Inc., Nike, Inc.. (Casey, B. John) (Entered: 12/19/2024)
12/19/2024 Declaration of Katharine Shepherd in Support of Trial Brief re Defendants' Proposed Verdict Form Explanatory Statement. Filed by Converse, Inc., Nike, Inc.. (Related document(s): Trial Brief 286 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Casey, B. John) (Entered: 12/19/2024)
12/19/2024 Trial Brief re Defendants' Proposed Verdict Form Explanatory Statement. Filed by Converse, Inc., Nike, Inc.. (Casey, B. John) (Entered: 12/19/2024)
12/19/2024 Trial Brief on Unjust Enrichment and Exemplary/Punitive Damages. Filed by Converse, Inc., Nike, Inc.. (Casey, B. John) (Entered: 12/19/2024)
12/19/2024 Trial Brief Valmarc's Five Page Brief on Verdict Form Issues. Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024 Trial Brief Valmarc's Five Page Brief on Jury Damages Issues. Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024 Transcript Designation and Order Form for the hearing held on 12/18/2024 before Judge Karin J. Immergut. Court Reporter: Jill Jessup. . Filed by Converse, Inc., Nike, Inc.. (Mulloy, Richard) (Entered: 12/19/2024)
12/19/2024Joint Voir Dire Juror Questionnaire. Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024Joint Voir Dire Proposed. Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 12/19/2024)
12/19/2024Joint Statement of Case . Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 12/19/2024)
12/18/2024MINUTES of Proceedings: On 12/18/2024, this Court held a status conference to address exhibit issues as raised by the parties in the attached email. As stated on the record, because of the likelihood that the number of proposed exhibits would unduly confuse a jury under Federal Rule of Evidence 403, the parties are ORDERED to confer and pare down their proposed exhibits by at least one half, and file a jointly proposed exhibit list which (1) states the proponent's evidentiary basis for introducing the exhibit, the opponent's objection, and the proponent's response to the objection; (2) states which exhibits fall under which motion in limine; (3) categorizes the exhibits by the relevant issue or topic it will support at trial; and (4) notes when foundations to exhibits are stipulated. This jointly proposed exhibit list is due January 7, 2025 at 12:00pm noon. As stated on the record, parties are also ORDERED to file deposition designations with evidentiary objections highlighted and tabbed on the deposition transcript, by January 3, 2025 at 12:00pm noon. Ordered on 12/18/2024 by Judge Karin J. Immergut. Joshua Phares Ackerman, Matthew W. Brewer, Bennett Rawicki and Adam M. Starr present as counsel for plaintiff. B. John Casey and Richard T. Mulloy present as counsel for defendant. Court Reporter: Jill Jessup, (503) 326-8191. Judge Karin J. Immergut presiding. (gw) (Entered: 12/19/2024)
12/18/2024OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on November 8, 2024, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/26/2024. Redaction Request due 1/8/2025. Redacted Transcript Deadline set for 1/21/2025. Release of Transcript Restriction set for 3/18/2025. (jjcr) (Entered: 12/18/2024)
12/17/2024276
  • Scheduling Order
Scheduling Order. Video Conference is set for 12/18/2024 at 04:00PM in Portland by videoconference before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) (Entered: 12/17/2024)
12/13/2024REDACTED OPINION ON SPOLIATION: Due to the sensitive nature of the trade secrets at issue in this case, this Court filed its initial Opinion on Spoliation and Sanctions, ECF 274 , under seal, and requested that the parties email any jointly proposed redactions to this Court. This Court received the parties' jointly proposed redaction to the Opinion and, upon review, accepts the proposed redaction. Accordingly, this Court now releases (not under seal) its Redacted Opinion on Spoliation and Sanctions. See attached Redacted Opinion for details. Ordered on 12/13/2024 by Judge Karin J. Immergut. (jy) (Entered: 12/13/2024)
12/11/2024OPINION ON SPOLIATION: (DOCUMENT FILED UNDER SEAL) Upon review of Defendants' Motion for a Determination that Plaintiff has Spoliated Evidence and for Sanctions, ECF 199 , and Plaintiff's Response in Opposition, ECF 217 , as explained in the attached Sealed Opinion, the motion is GRANTED as to Paul Foley's account, but DENIED as to the other employees' accounts. This Court further finds that a permissive adverse inference instruction providing a rebuttable inference that the lost information is unfavorable to Plaintiff is the most appropriate sanction. Parties are ORDERED to confer and discuss the possible language of such an instruction, which Defendants should include along with the other pretrial filings due on December 19, 2024. The Court filed the Opinion under seal because Defendants appear to have filed their Motion for Spoliation, ECF 199 under seal, as did Plaintiff in its Opposition Motion, ECF 217 . It does not appear to this Court that these motions or the Opinion contain trade secrets or other confidential information. However, this Court will give the parties 48 hours to notify the Court with any redactions to the attached Sealed Opinion. Otherwise, the Opinion will be unsealed on 12/14/24. Signed on 12/11/24 by Judge Karin J. Immergut. (jy) (Entered: 12/11/2024)
12/10/2024
  • Motion for Summary JudgmentDenied
REDACTED OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT: Due to the sensitive nature of the trade secrets at issue in this case, this Court filed its initial Opinion Denying Defendants' Motion for Summary Judgment, ECF 267 , under seal, and requested that the parties email any jointly proposed redactions to this Court. This Court received the parties' jointly proposed redactions to the Opinion and, upon review, finds the redactions appropriate and consistent with the protective order in this case, ECF 74 . Accordingly, this Court now releases (not under seal) its Redacted Opinion denying Defendants' Motion for Summary Judgment. See attached Redacted Opinion for details. Ordered on 12/10/2024 by Judge Karin J. Immergut. (jy) (Entered: 12/10/2024)
12/5/2024272ORDER GRANTING IN PART EXTENSION: This Court is in receipt of the Joint Motion for Extension of Time to Respond to Motions in Limine, ECF 271 . The Motion is GRANTED IN PART. This Court will grant an extension of time to respond to motions in limine, but only until January 7, 2025, to afford this Court sufficient time to review the motions before the Pretrial Conference. Ordered on 12/5/2024 by Judge Karin J. Immergut. (jy) (Entered: 12/05/2024)
12/4/2024
  • Motion to Extend Time
Joint Motion for Extension of Time to Respond to Motions in Limine. Filed by Valmarc Corporation. (Burgess, William) (Entered: 12/04/2024)
11/21/2024 Proposed Jury Verdict Form. Filed by Converse, Inc., Nike, Inc.. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Casey, B. John) (Entered: 11/21/2024)
11/21/2024 Proposed Jury Verdict Form. Filed by Valmarc Corporation. (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) (Ackerman, Joshua) (Entered: 11/21/2024)
11/21/2024
  • Motionby Π
Joint Proposed Pretrial Order Lodged . (DOCUMENT SEALED ACCORDING TO PROTECTIVE ORDER) Filed by Valmarc Corporation. (Ackerman, Joshua) (Entered: 11/21/2024)
11/18/2024
  • Motion for Summary JudgmentDenied
OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT: (DOCUMENT FILED UNDER SEAL). Having reviewed the parties' briefing with respect to Defendants' Motion for Summary Judgment, ECF 205 , 213 , 219 , and considered the arguments of counsel at the hearing on this motion ECF 261, as explained in the attached Sealed Opinion and Order ECF 267 , this Court DENIES Defendants' Motion for Summary Judgment. This Court has issued the Opinion and Order under seal to avoid inadvertently disclosing information designated as highly confidential by the parties. The parties have until December 6, 2024 to confer and jointly provide by email to this Court any proposed redactions to the Opinion and Order of such confidential information. Otherwise, the Opinion and Order will be unsealed on December 7, 2024. Signed on 11/18/24 by Judge Karin J. Immergut. (jy) (Entered: 11/18/2024)
11/14/2024266CORRECTED Scheduling Order 265 : Settlement Conference is set for Friday, December 20, 2024 beginning at 8:30AM in Eugene chambers, Wayne L. Morse United States Courthouse, Suite 5300, 405 East Eighth Avenue, Eugene before Magistrate Judge John V. Acosta. The Court's settlement conference instructions and agreement to mediate have been provided to the parties. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 11/14/2024)
11/14/2024265
  • Scheduling Order
Scheduling Order: Settlement Conference is set for Friday, December 20, 2024 beginning at 09:00AM in Eugene chambers, Wayne L. Morse United States Courthouse, Suite 5300, 405 East Eighth Avenue, Eugene before Magistrate Judge John V. Acosta. The Court's settlement conference instructions and agreement to mediate have been provided to the parties. Ordered by Magistrate Judge John V. Acosta. (pjg) (Entered: 11/14/2024)
11/13/2024 Transcript Designation and Order Form for the hearing held on November 8, 2024 before Judge Karin J. Immergut. Court Reporter: Jill Jessup. . Filed by Converse, Inc., Nike, Inc.. (Mulloy, Richard) (Entered: 11/13/2024)
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