UNITED STATES INTERNATIONAL TRADE COMMISSION Washington, D.C. In the Matter of CERTAIN BEVERAGE BREWING CAPSULES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME ORDER NO. 7: Inv. 337-TA-929 SETTING PROCEDURAL SCHEDULE (October 17, 2014) Pursuant to Order No. 6, the parties submitted a joint proposed procedural schedulel. The procedural schedule in this investigation shall hereby be controlled by the procedural schedule set forth in Attachment A. SO ORDERED. ti?" no Theodore R Essex Administrative Law Judge 1Eko Brands, LLC, Evermuch Technology Co., Ltd. and ver Much Company Ltd. did not participate in the filing of the joint proposed procedural schedule. 1 ATTACHMENT A UNITED STATES INTERNATIONAL TRADE COMMISSION WASHINGTON, D.C. 20436 ADMINISTRATIVE LAW JUDGE THEODORE R. ESSEX In the Matter of: CERTAIN BEVERAGE BREWING CAPSULES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME Investigation No. 337-TA-929 AGREED TO PROPOSED PROCEDURAL SCHEDULE Pursuant to Order No. 6, the parties that have entered appearance submit the attached Proposed Procedural Schedule.1 The proposed procedural schedule includes dates for each of the events set forth in Ground Rule 2 and is attached as Exhibit A. Dated: October 16, 2014 /s/ John R Fuisz John R. Fuisz Sudip Kundu The Fuisz-Kundu Group LLP 1455 Pennsylvania Avenue NW Suite 400 Washington, D.C. 20004 T. 202.621.1889 F. 202.625.2309 E. [email protected] E. [email protected] Counselfor Adrian Rivera and Adrian Rivera Maynez Enterprises, Inc. 1Eko Brands, LLC, Evermuch Technology Co., Ltd. and ver Much Company Ltd. have not participated in this filing. CERTIFICATE OF SERVICE I hereby certify that on October 16, 2014, true copies of the foregoing were served upon the following parties in the manner indicated below: James Wiley, Esq. Office of Unfair Import Investigations U.S. International Trade Commission 500 E Street, S.W., Suite 401 Washington, D.C. 20436 Telephone: (202) 205-2544 Solofill LLC 3515 Avignon Court Houston, Texas 77802 T. (832) 483-2987 DonGuan Hai Rui Precision Mould Co., Ltd. No 1 Chuangxing Rd DaNig Industry HuMen Town, Dong Guan City GuangDong Province, China 523000 T. 86-0769-81583896 Eko Brands, LLC 6029 238th St SE Suite 130, Woodinville, WA 98072 T. (612) 747-8450 Evermuch Technology Co., Ltd. Room 515-516, 5/F, Technology Park, 18, On Lai Street, Shatin, New Territories, Hong Kong T. (852) 2649-7807 Ever Much Company Ltd. East No.1, Pak Shek Ha Village, Fu Yong, BaoAn, Shenzhen, China 5 181000 T. (86-755) 2730-7988 Melitta USA, Inc. 13925 58* Street North Clearwater, Florida 33760-3712 T. (888)-635-4882 LBP Mfg. Inc. 1325 S Cicero Ave, Cicero, IL 60804 T. (708) 652-5600 Via Email [email protected] Via Email [email protected] Via Email [email protected] Not Served Not Served Not Served Via Email [email protected] Via Email [email protected] LBP Packaging (Shenzhen) Co. Ltd. 1 F Bldg A Reservoir Rd No 3 Huangpu Shajing Office Of The Streets Baoan District Shenzhen Guangdon China 5181000 T. (708) 652-5600 Spark Innovators, Corp. 41 Kulick Road Fairfield, New Jersey 07004 T. (973) 244-9695 B. Marlboros International Ltd. (I-1K) Unit A 12f Billion Center Tower A N0 1 Wang Kwong Rd Kowloon Bay Hong Kong T. 00852-23667312 Amazon.com, Inc. 410 Terry Avenue North Seattle, WA 98109-5210 T. (888) 280-3321 Via Email [email protected] Via Email [email protected] Via Email [email protected] Via Email [email protected] [email protected] By:__/s/ John R Fuisz EXHIBIT A EVENT First settlement conference Submission of first settlement conference joint report File disclosure of priority date/conception and reduction to practice date File identification of expert Witnesses, including their expertise and curriculum vitae Second settlement conference Submission of second settlement conference joint report File notice of prior art Exchange of initial expert reports (identify tests/surveys/data) File tentative list of Witnesses a party will call to testify at the hearing, with an identification of each Witness‘relationship to the party Exchange of rebuttal expert reports Fact discovery cutoff and completion Deadline for motions to compel discovery Expert discovery cutoff and completion Third settlement conference Submission of third settlement conference joint report Cut-off date for responses to contention interrogatories Deadline for filing summary determination motions Exchange of exhibit lists among the parties Submit and serve direct exhibits (including Witness statements), with physical and demonstrative exhibits available -- Complainant(s) and Respondent(s) Submit and serve direct exhibits (including Witness statements), with physical and demonstrative exhibits available --Staff File Pre-hearing statements and briefs - Complainant(s) and Respondent(s) Respondents Tuesday, November 11, 2014 Tuesday, November 18, 2014 Wednesday, November 19, 2014 Monday, December 15, 2014 Tuesday, January 27, 2015 Tuesday, February 3 2015 Wednesday, February 4, 2015 Monday, March 9, 2015 Monday, March 16, 2015 Wednesday, March 18, 2015 Friday, March 20, 2015 Monday, March 23, 2015 Monday, March 30, 2015 Tuesday, March 31, 2015 Tuesday, April 7, 2015 Wednesday, April 8, 2015 Wednesday, April 15, 2015 (Rule 210. l8(a) —60 days before hearing) Wednesday, April 15, 2015 Wednesday, April 22, 2015 Friday, April 24, 2015 Friday, May 1, 2015 File requests for receipt of evidence without a witness File objections to direct exhibits (including witness statements) Submit and serve rebuttal exhibits (including Witness statements), with rebuttal physical and demonstrative exhibits available -- all parties Deadline for motions in limine File Pre-hearing statement and brief --Staff File responses to objections to direct exhibits (including witness statements) . File objections to rebuttal exhibits (including witness statements) File high priority objections statement File response to objections to rebuttal exhibits (including Witness statements) File responses to high priority objections statement Submission of declarations justifying confidentiality of exhibits File responses to motions in limine Tutorial on technology (if necessary) Tuesday, June 2, 2015 Friday, June 12, 2015 (Order No Pre-hearing conference Friday, June 12,2015 (Order No Hearing File initial post-hearing briefs and final exhibit lists Monday-Friday, June 15-19, 2015 (Order No. 6) Thursday, July 2, 2015 File reply post-hearing briefs Friday, July 10, 2015 Monday, May 4, 2015 Tuesday, May 5, 2015 Wednesday, May 6, 2015 Friday, May 8, 2015 Monday, May 11, 2015 Tuesday, May 12, 2015 Thursday, May 14, 2015 Friday, May 15, 2015 Friday, May 22, 2015 Wednesday, May 27, 2015 Tuesday, June 2, 2015 6) 6) CERTAIN BEVERAGE BREWING CAPSULES, COMPONENTS THEREOFCOMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME Inv. No. 337-TA-929 M2 PUBLIC CERTIFICATE OF SERVICE I, Lisa R. Barton, hereby certify that the attached ORDER NO. 7 has been served by hand upon the Commission Investigative Attorney, James Wiley, Esq., and the following parties as indicated, on October 17, 2014. Lisa R. Barton, Secretary U.S. International Trade Commission 500 E Street, SW, Room 112 Washington, DC 20436 On Behalf of Complainants Adrian Rivera and ARM Enterprises, Inc.: John R. Fuisz, Esq. El Via Hand Delivery THE FUISZ-KUNDU GROUP LLP PCUHSYIVZHIH AVC., NW, SUIIC Q Via Express Delivery g Washington, DC 20004 First class U Other: On Behalf of Respondent Amazon.com.,Inc.: Eric S. Namrow, Esq. [I1Via Hand Delivery MORGAN, LEWIS & BOCKIUS LLP 13 via Express Ddivery l l l l Pennsylvania Ave., NW Washington,DC 20004 Via First Class Mail U other On Behalf of Respondents LBP Mfg. Inc.. LBP Packaging _(Shenzhen)Co. Ltd... and Melitta USA. Inc.: Andrew F. Pratt, ESq. VENABLE LLP 575 7mStreet NW Washington, DC 20004-1604 |:| Via Hand Delivery Cl Via Express Delivery Via First Class Mail U other On Behalf of Respondents Sparks Innovators. Corp. and B. Marlboros International (HK) Ltd.: Meaghan H. Kent, Esq. VENABLE LLP 575 7"‘Street, NW Washington, DC 20004-1604 U Via Hand Delivery III Via Express Delivery Via First Class Mail D Othfir CERTAIN BEVERAGE BREWING CAPSULES, COMPONENTS THEREOF, AND PRODUCTS CONTAINING THE SAME Inv. No. 337-TA-929 Certificate of Service —Page 2 On Behalf of Respondents Solofill. LLC and DonGuan Hai Rui Precision Mould Co.. Ltd.: Lei Mei, Esq. MEI & MARK LLP 818 18th Street NW, Suite 410 Washington, DC 20006 l:| Via Hand Delivery l:l Via Express Delivery Via First Class Mail El Other: Respondents: Eko Brands, LLC 6029 23 _8‘hStreet SE, Suite 130 Woodinville, WA 98072 El Via Hand Delivery 1:1Via Express Delivery Via First Class Mail III Other: Evermuch Technology Co., Ltd. Room 515-516, 5/F, Technology Park, 18, On Lai Street, Shatin, New Territories, Hong Kong III Via Hand Delivery III Via Express Delivery Via First Class Mail El Other: Ever Much Company, Ltd. East No. l, Pak Shek Ha Village Pu Yong, Ba0An, Shenzhen, China 5181000 El Via Hand Delivery Cl Via Express Delivery [XIVia First Class Mail El Other:
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