Case number 3:16-cv-00790
Boydstun Equipment Manufacturing, LLC v. Cottrell, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Mar 29, 2018 | 123 | Closing Patent Report: This report is submitted pursuant to 35 U.S.C. section 290. (mja) (Entered: 03/29/2018) (0) |
| Feb 15, 2018 | 122 | Stipulated Notice of Voluntary Dismissal Stipulated Dismissal of claims and counterclaims Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 02/15/2018) (0) |
| Feb 7, 2018 | 121 | Order - At the parties' joint request, the Court sets the following case schedule: (1) Boydstun shall provide Cottrell 30(b)(6) topics and supplement responses to Interrogatories Nos. 3 and 7 by February 15, 2018; (2) the depositions of North American Truck and Trailer, West Coast Enterprises, J.D. Floyd, Boydstun Equipment Manufacturing and Rob Boydstun will take place the weeks of February 19, and 26, 2018; (3) Boydstun's response to Interrogatory No. 25 is due by February 20, 2018; (4) Boydstun's responses to Interrogatories Nos. 10-24 are due by February 23, 2018; (5) Cottrell's responses to Second Interrogatories and First Request for Admissions are due by February 26, 2018; (6) Boydstun responses to Second Request for Admissions are due by February 26, 2018; (7) the depositions of Cottrell's witnesses will take place the weeks of March 11, and 18, 2018; (8) fact discovery to be completed by March 26, 2018; (9) exchange expert reports by April 16, 2018; (10) exchange expert rebuttal reports by May 11, 2018; expert discovery to be completed by June 1, 2018; (11) dispositive motions are due by June 15, 2018; (12) responses to dispositive motions are due by July 6, 2018; (13) replies are due by July 23, 2018; (14) the pretrial order is due 45 days after the Court's ruling on dispositive motions; and (15) the Pretrial Conference set for October 9, 2018 at 10:00AM, and the 12-day Jury Trial set for October 16, 2018 at 9:00AM in Courtroom 15B remain as previously set. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/07/2018) (0) |
| Feb 6, 2018 | 120 | Order - At the parties' request, the Telephone Conference set for 2/6/2018 at 1:00PM is STRICKEN. Ordered by Judge Michael H. Simon. (mja) (Entered: 02/06/2018) (0) |
| Jan 28, 2018 | 119 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Motion Hearing held on January 26, 2018 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@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, Redaction. Notice of Intent to Redact Transcript is due by 2/5/2018. Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 2/28/2018. Release of Transcript Restriction set for 4/30/2018. (Apodaca, Dennis) (Entered: 01/28/2018) (0) |
| Jan 26, 2018 | 118 | MINUTES of Telephone Conference: Order - Defendant's Motion to Compel Production of Litigation Costs Documents (ECF 115 ) is WITHDRAWN without prejudice and with leave to renew. Order - Extending the case schedule as follows: (1) Fact discovery is to be completed by 3/12/2018; (2) exchange of expert reports due by 4/2/2018; (3) Setting a Telephone Status Conference for 2/6/2018 at 01:00PM. The court will provide the parties with a call-in number by separate sealed entry. Stephen J. Joncus and Philip S. Van Der Weele present as counsel for Plaintiff. Cori G. Moore, Ryan J. McBrayer, and Nicholas H. Hesterberg present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 01/26/2018) (0) |
| Jan 24, 2018 | 117 | Plaintiff's Notice of Attorney Withdrawal: Andrew E. Aubertine Filed by Boydstun Equipment Manufacturing, LLC. (Aubertine, Andrew) (Entered: 01/24/2018) (0) |
| Jan 12, 2018 | 115 | Motion to Compel Production of Litigation Costs Documents. Filed by Cottrell Inc.. (Moore, Cori) (Entered: 01/12/2018) (0) |
| Jan 12, 2018 | 116 | Declaration of Cori G. Moore In Support of Motion to Compel. Filed by Cottrell Inc.. (Related document(s): Motion to compel 115 .) (Moore, Cori) (Entered: 01/12/2018) (0) |
| Jan 8, 2018 | 114 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Conference held on 12/22/17 before Judge Michael H. Simon, Court Reporter Ryan White, telephone number 503-326-8184 or email ryan_white@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 from the Court Reporter or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 1/16/2018. Redaction Request due 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018. (White, Ryan) (Entered: 01/08/2018) (0) |
| Jan 4, 2018 | 113 | Minutes of Telephone Conference: Discovery matters discussed as stated on the record. Order - Setting a further Telephone Conference for 1/26/2018 at 1:00PM. the Court will provide the parties with a call-in number by separate sealed entry. Stephen J. Joncus and Philip Van Der Weele present as counsel for plaintiff(s). Ryan J. McBrayer and Cori G. Moore present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Michael H. Simon presiding. (mja) (Entered: 01/04/2018) (0) |
| Dec 22, 2017 | 112 | Minutes of Telephone Conference: Discovery and other case scheduling matters discussed as stated on the record. Order - Setting a further telephone status conference for 1/4/2018 at 01:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Andrew E. Aubertine and Stephen J. Joncus present as counsel for plaintiff(s). Ryan J. McBrayer present as counsel for defendant(s). Court Reporter: Ryan White. Judge Michael H. Simon presiding. (mja) (Entered: 12/22/2017) (0) |
| Dec 13, 2017 | 111 | Scheduling Order by Judge Michael H. Simon. Order - At the Defendant's request. the Court is setting a Telephone Conference to discuss a discovery matter for 12/22/2017 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) Modified on 12/14/2017 correct clerical error(mja). (Entered: 12/13/2017) (0) |
| Dec 12, 2017 | 108 | Motion for Leave to Appear Pro Hac Vice for Attorney Nicholas H. Hesterberg . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5249333. Filed by Cottrell Inc.. (Johnson, Thomas) (Entered: 12/12/2017) (0) |
| Dec 12, 2017 | 109 | ORDER: Granting Application for Special Admission Pro Hac Vice of Nicholas H. Hesterberg for Cottrell Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5249333 issued. Signed on 12/12/2017 by Judge Michael H. Simon. (ecp) (Entered: 12/12/2017) (0) |
| Dec 12, 2017 | 110 | Notification of CM/ECF Account for Nicholas H. Hesterberg (Pro Hac Vice admission). Your login is: nhhesterberg. Go to the CM/ECF login page to set your password. (ecp) (Entered: 12/12/2017) (0) |
| Dec 8, 2017 | 107 | Third Amended Complaint Public version with updated redactions. Filed by Boydstun Equipment Manufacturing, LLC against Cottrell Inc.. (Joncus, Stephen) (Entered: 12/08/2017) (0) |
| Dec 8, 2017 | 107 | Amended Complaint* (1) |
| Dec 4, 2017 | 106 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephone Status Hearing held on November 28, 2017 before Judge Michael H. Simon, Court Reporter Dennis W. Apodaca, telephone number (503) 326-8182 or dennis_apodaca@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. Notice of Intent to Redact Transcript is due by 12/11/2017. Redaction Request due 12/27/2017. Redacted Transcript Deadline set for 1/4/2018. Release of Transcript Restriction set for 3/5/2018. (Apodaca, Dennis) (Entered: 12/04/2017) (0) |
| Nov 28, 2017 | 104 | Minutes of Telephone Conference: Discovery matter discussed as stated on the record. Andrew E. Aubertine and Philip S. Van Der Weele present as counsel for plaintiff(s). Cori G. Moore present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 11/28/2017) (0) |
| Nov 28, 2017 | 105 | Answer to Answer 99 and Counterclaims by Cottrell Inc. Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Answer 99 .) (Joncus, Stephen) (Entered: 11/28/2017) (0) |
| Nov 22, 2017 | 103 | Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a Telephone Conference to discuss a discovery matter for 11/28/2017 at 04:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/22/2017) (0) |
| Nov 21, 2017 | 101 | Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the Telephone Conference from 11/21/2017 at 11:00AM to 11/21/2017 at 02:30PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/21/2017) (0) |
| Nov 21, 2017 | 102 | Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is striking the Telephone Conference set for 11/21/2017 at 2:30PM. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/21/2017) (0) |
| Nov 16, 2017 | 100 | Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a telephone conference to discuss a discovery matter for 11/21/2017 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 11/16/2017) (0) |
| Nov 7, 2017 | 99 | Answer to Amended Complaint 76 Answer to Third Amended Complaint and Counterclaim. Filed by Cottrell Inc.. (Related document(s): Amended Complaint 76 .) (McBrayer, Ryan) (Entered: 11/07/2017) (0) |
| Oct 24, 2017 | 98 | Opinion and Order - The Court GRANTS IN PART AND DENIES IN PART Cottrell's motion to dismiss. ECF 78 (redacted); ECF 81 (unredacted). Cottrell's motion to dismiss is granted with respect to Boydstuns claim arising under ORS § 646A.810 and denied in all other respects. The Court also GRANTS Cottrell's request for judicial notice. ECF 79 . Signed on 10/24/2017 by Judge Michael H. Simon. (mja) (Entered: 10/24/2017) (0) |
| Oct 18, 2017 | 97 | Opinion and Order on Claim Construction - The Court construes the disputed terms as follows: (1) in mechanical contact with means direct or indirect contact through a mechanical operation; and (2) coupled is given its normal and ordinary meaning. Signed on 10/18/2017 by Judge Michael H. Simon. (mja) (Entered: 10/18/2017) (0) |
| Oct 17, 2017 | 96 | Notice of Appearance of Philip S. Van Der Weele appearing on behalf of Boydstun Equipment Manufacturing, LLC Filed by on behalf of Boydstun Equipment Manufacturing, LLC. (Van Der Weele, Philip) (Entered: 10/17/2017) (0) |
| Oct 6, 2017 | 95 | Minutes of Claim Construction Hearing and Oral Argument: Order - Defendant's motions to dismiss and request for judicial notice (ECF 78 , 79 & 81 ) are taken under advisement on 10/6/2017. Andrew E. Aubertine and Stephen J. Joncus present as counsel for plaintiff(s). Ryan J. McBrayer and Cori G. Moore present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 10/06/2017) (0) |
| Oct 2, 2017 | 94 | ORDER - In connection with the pending motions, the parties have provided to the Court and discussed in moving papers and responses the Petition for Inter Partes Review filed by Boydstun Equipment Manufacturing, LLC with the U.S. Patent Trial and Appeal Board (PTAB). See [58-1]. The Court notes that on August 30, 2017, the PTAB instituted inter partes review on all challenged claims and all grounds. See 2017 WL 3835954. Does any party have any objection to the Court taking judicial notice of this action by the PTAB, pursuant to Rule 201 of the Federal Rules of Evidence? In addition, any party is invited to discuss at the upcoming oral argument the effect, if any, of this decision by the PTAB on any of the pending motions. Ordered by Judge Michael H. Simon. (mja) (Entered: 10/02/2017) (0) |
| Sep 29, 2017 | 91 | Notice of Change of Address. Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 09/29/2017) (0) |
| Sep 29, 2017 | 92 | Reply to Motion to Dismiss for Failure to State a Claim Defendant Cottrell's Motion to Dismiss Third Amended Complaint 81 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Cottrell Inc.. (Moore, Cori) (Entered: 09/29/2017) (0) |
| Sep 29, 2017 | 93 | Reply REDACTED Reply to Motion to Dismiss for Failure to State a Claim Defendant Cottrell's Motion to Dismiss Third Amended Complaint 81 Oral Argument requested. Filed by Cottrell Inc.. (Moore, Cori) (Entered: 09/29/2017) (0) |
| Sep 27, 2017 | 90 | Notice re Response in Opposition to Motion, 84 Errata Sheet Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Response in Opposition to Motion, 84 .) (Attachments: # 1 Attachment Corrected Table of Authorities) (Aubertine, Andrew) (Entered: 09/27/2017) (0) |
| Sep 25, 2017 | 89 | ORDER - Plaintiff's Unopposed Motion to File an Over-Length Brief (ECF 87 ) is GRANTED. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/25/2017) (0) |
| Sep 22, 2017 | 87 | Unopposed Motion to File an Overlength Brief. Filed by Boydstun Equipment Manufacturing, LLC. (Aubertine, Andrew) (Entered: 09/22/2017) (0) |
| Sep 22, 2017 | 88 | Redacted Response in Opposition to Motion to Dismiss for Failure to State a Claim Redacted Defendant Cottrell's Motion to Dismiss 78 Oral Argument requested. Filed by Boydstun Equipment Manufacturing, LLC. (Aubertine, Andrew) (Entered: 09/22/2017) (0) |
| Sep 21, 2017 | 84 | Response in Opposition to Motion to Dismiss for Failure to State a Claim Defendant Cottrell's Motion to Dismiss Third Amended Complaint 81 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 09/21/2017) (0) |
| Sep 21, 2017 | 85 | Declaration of Stephen Joncus in Opposition to Cottrell's Motion to Dismiss. Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Response in Opposition to Motion, 84 .) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Joncus, Stephen) (Entered: 09/21/2017) (0) |
| Sep 21, 2017 | 86 | Notice re Amended Complaint 76 Errata Sheet Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Amended Complaint 76 .) (Joncus, Stephen) (Entered: 09/21/2017) (0) |
| Sep 19, 2017 | 83 | MINUTES of Telephone Conference: Order - Discovery and other case related matters discussed as stated on the record. Andrew E. Aubertine and Stephen J. Joncus present as counsel for Plaintiff. Thomas R. Johnson and Ryan J. McBrayer present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 09/19/2017) (0) |
| Sep 18, 2017 | 82 | Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a telephone conference to discuss a discovery matter for 9/19/2017 at 11:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/18/2017) (0) |
| Sep 14, 2017 | 81 | Motion to Dismiss for Failure to State a Claim Defendant Cottrell's Motion to Dismiss Third Amended Complaint. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 09/14/2017) (0) |
| Sep 13, 2017 | 78 | Motion to Dismiss for Failure to State a Claim Redacted Defendant Cottrell's Motion to Dismiss. Oral Argument requested. Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 09/13/2017) (0) |
| Sep 13, 2017 | 79 | Request for Judicial Notice Defendant Cottrell's Motion to Dismiss for Failure to State a Claim 78 . Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 09/13/2017) (0) |
| Sep 13, 2017 | 80 | Declaration of Ryan R. McBrayer in Support of Cottrell's Motion to Dismiss. Filed by Cottrell Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim 78 .) (McBrayer, Ryan) (Entered: 09/13/2017) (0) |
| Sep 1, 2017 | 76 | Third Amended Complaint Public Version (redacted). Filed by Boydstun Equipment Manufacturing, LLC against Boydstun Equipment Manufacturing, LLC (Attachments: # 1 Exhibit Exhibit A). (Joncus, Stephen) (Entered: 09/01/2017) (0) |
| Sep 1, 2017 | 77 | Third Brief Third Amended Complaint - Sealed. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Amended Complaint 76 .) (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Joncus, Stephen) (Entered: 09/01/2017) (0) |
| Sep 1, 2017 | 76 | Amended Complaint* (1) |
| Aug 30, 2017 | 75 | Minutes of Telephone Conference: Order - Plaintiff's oral motion to dismiss without prejudice the Second Amended Complaint (ECF 39 ) is GRANTED. Defendant's Motion to Dismiss (ECF 62 ) and Defendant's Request for Judicial Notice (ECF 63 ) are DENIED as MOOT for the reasons stated on the record. Order - Setting a case schedule as follows: (1) Plaintiff shall file a Third Amended Complaint by 9/1/2017; (2) Defendant shall file a Motion to Dismiss by 9/13/2017; (3) Plaintiff's Response is due by 9/21/2017; (4) Defendant's Reply is due by 9/29/2017; and (5) the Markman hearing set for 10/2/2017 has been moved to 10/6/2017 at 10:00AM in Portland, Courtroom 15B, before Judge Michael H. Simon. The Court will hear argument on the Motion to Dismiss at the Markman hearing set for 10/6/2017. All parties have leave to file documents under seal as appropriate. Andrew E. Aubertine and Stephen J. Joncus present as counsel for Plaintiff. Ryan J. McBrayer and Cori G. Moore present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 08/30/2017) (0) |
| Aug 29, 2017 | 71 | Brief Reply Claim Construction Brief. Filed by Cottrell Inc.. (Related document(s): Brief 55 .) (McBrayer, Ryan) (Entered: 08/29/2017) (0) |
| Aug 29, 2017 | 72 | Declaration of Dr. Neville Hogan Regarding Claim Construction. Filed by Cottrell Inc.. (Related document(s): Brief 71 .) (Attachments: # 1 Exhibit A) (McBrayer, Ryan) (Entered: 08/29/2017) (0) |
| Aug 29, 2017 | 73 | Brief In Response to Cottrell's Claim Construction Brief. Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Brief 57 .) (Joncus, Stephen) (Entered: 08/29/2017) (0) |
| Aug 29, 2017 | 74 | Declaration of Stephen Joncus. Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Brief 73 .) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3) (Joncus, Stephen) (Entered: 08/29/2017) (0) |
| Aug 28, 2017 | 70 | Scheduling Order by Judge Michael H. Simon. Order - Plaintiff's Motion for Extension of Time (ECF 69 ) is GRANTED. Order - Setting a Telephone Conference to discuss the sealing issue for 8/30/2017 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/28/2017) (0) |
| Aug 18, 2017 | 68 | Redacted Response in Opposition to Motion to Dismiss for Failure to State a Claim 62 Oral Argument requested. Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 08/18/2017) (0) |
| Aug 18, 2017 | 69 | Unopposed Motion for Extension of Time . Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 08/18/2017) (0) |
| Aug 10, 2017 | 66 | Minutes of Telephone Scheduling Conference: Order - Setting a case schedule as follows: (1) Plaintiff's response to Defendant's motion to dismiss (ECF 62 ) is due by August 18, 2017; (2) the parties shall file answering claim construction briefs by August 29, 2017; (3) Defendant's reply in support of its motion to dismiss is due by September 1, 2017; (4) the Court will hold argument on Defendant's motion to dismiss and a status conference regarding discovery at the Markman Hearing set for October 2, 2017 at 9:00AM, in Courtroom 15B; (5) fact discovery is to be completed by February 12, 2018; (6) exchange expert reports by March 9, 2018; (7) exchange expert rebuttal reports by April 20, 2018; (8) expert discovery is to be completed by May 11, 2018; (9) dispositive motions are due by June 1, 2018; (10) responses are due by June 22, 2018; (11) replies are due by July 9, 2018; (12) the pretrial order is due 45 days after the Court rules on dispositive motions; (13) a pretrial conference is set for October 9, 2018 at 10:00AM, in Courtroom 15B; and (14) a 12-day jury trial is set for October 16, 2018 at 9:00AM, in Courtroom 15B. No party may file a contested discovery motion without prior leave of Court. In addition, any party filing a motion for summary judgment or partial summary judgment must file (1) a statement of stipulated facts (whether for all purposes or only for purposes of summary judgment) and (2) a statement of undisputed material facts (with specific citations to record evidence). The responding party must specifically identify whether any of the movant's purportedly undisputed material facts are contested, and, if so, the responding party must provide specific citations to record evidence. If applicable, the responding party shall also file a statement containing any additional material facts, with specific citations to record evidence, in opposition to the motion. The moving party may then respond to the additional factual assertions made by the responding party. Andrew E. Aubertine and Stephen J. Joncus present as counsel for Plaintiff. Rayn J. McBrayer and Cori G. Moore present as counsel for Defendant. Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 08/10/2017) (0) |
| Aug 10, 2017 | 67 | Trial Management Order. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/10/2017) (0) |
| Aug 9, 2017 | 65 | Joint Status Report Parties' Joint Submission Regarding Case Schedule. Filed by Cottrell Inc.. (Moore, Cori) (Entered: 08/09/2017) (0) |
| Jul 31, 2017 | 62 | Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 07/31/2017) (0) |
| Jul 31, 2017 | 63 | Request for Judicial Notice Motion to Dismiss for Failure to State a Claim 62 . Oral Argument requested. Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 07/31/2017) (0) |
| Jul 31, 2017 | 64 | Declaration of Ryan McBrayer In Support of Cottrell's Motion to Dismiss. Filed by Cottrell Inc.. (Related document(s): Motion to Dismiss for Failure to State a Claim 62 .) (McBrayer, Ryan) (Entered: 07/31/2017) (0) |
| Jul 24, 2017 | 60 | ORDER: Granting Application for Special Admission Pro Hac Vice of Cori G. Moore for Cottrell Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5086470 issued. Signed on 7/24/2017 by Judge Michael H. Simon. (ecp) (Entered: 07/24/2017) (0) |
| Jul 24, 2017 | 61 | Notification of CM/ECF Account for Cori G. Moore (Pro Hac Vice admission). Your login is: cgmoore. Go to the CM/ECF login page to set your password. (ecp) (Entered: 07/24/2017) (0) |
| Jul 21, 2017 | 59 | Motion for Leave to Appear Pro Hac Vice for Attorney Cori Gordon Moore . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5086470. Filed by Cottrell Inc.. (Johnson, Thomas) (Entered: 07/21/2017) (0) |
| Jul 14, 2017 | 55 | Brief Claim Construction. Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 07/14/2017) (0) |
| Jul 14, 2017 | 56 | Declaration of George Clark . Filed by Boydstun Equipment Manufacturing, LLC. (Related document(s): Brief 55 .) (Joncus, Stephen) (Entered: 07/14/2017) (0) |
| Jul 14, 2017 | 57 | Brief Claim Construction. Filed by Cottrell Inc.. (McBrayer, Ryan) (Entered: 07/14/2017) (0) |
| Jul 14, 2017 | 58 | Declaration of Kyle M. Amborn in Support of Cottrell's Opening Claim Construction Brief. Filed by Cottrell Inc.. (Related document(s): Brief 57 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Amborn, Kyle) (Entered: 07/14/2017) (0) |
| Jul 10, 2017 | 54 | Scheduling Order by Judge Michael H. Simon. Order - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the status conference from 8/10/2017 at 10:00AM to 8/10/2017 at 11:00AM. The call-in number has been provided to the parties by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) Modified on 7/11/2017 to correct hearing type (mja). (Entered: 07/10/2017) (0) |
| Jul 6, 2017 | 53 | OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on June 19, 2017 before Judge Michael H. Simon, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@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 from the Court Reporter (503-326-8186 or nancy_walker@ord.uscourts.gov) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 7/13/2017. Redaction Request due 7/27/2017. Redacted Transcript Deadline set for 8/7/2017. Release of Transcript Restriction set for 10/4/2017. (Walker, Nancy) (Entered: 07/06/2017) (0) |
| Jun 20, 2017 | 48 | Motion for Leave to Appear Pro Hac Vice for Attorney Kyle M. Amborn . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5048051. Filed by Cottrell Inc.. (Johnson, Thomas) (Entered: 06/20/2017) (0) |
| Jun 20, 2017 | 49 | Motion for Leave to Appear Pro Hac Vice for Attorney Ryan J. McBrayer . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5048059. Filed by Cottrell Inc.. (Johnson, Thomas) (Entered: 06/20/2017) (0) |
| Jun 20, 2017 | 50 | ORDER: Granting Application for Special Admission Pro Hac Vice of Kyle M. Amborn for Cottrell Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5048051 issued. Signed on 6/20/2017 by Judge Michael H. Simon. (ecp) (Entered: 06/20/2017) (0) |
| Jun 20, 2017 | 51 | Notification of CM/ECF Account for Kyle M. Amborn (Pro Hac Vice admission). Your login is: kmamborn. Go to the CM/ECF login page to set your password. (ecp) (Entered: 06/20/2017) (0) |
| Jun 20, 2017 | 52 | ORDER: Granting Application for Special Admission Pro Hac Vice of Ryan J. McBrayer for Cottrell Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5048059 issued. Signed on 6/20/2017 by Judge Michael H. Simon. (ecp) (Entered: 06/20/2017) (0) |
| Jun 19, 2017 | 45 | ORDER: Granting Application for Special Admission Pro Hac Vice of Shylah R. Alfonso for Cottrell Inc.. Application Fee in amount of $300 collected. Receipt No. 0979-5045228 issued. Signed on 6/19/2017 by Judge Michael H. Simon. (ecp) (Entered: 06/19/2017) (0) |
| Jun 19, 2017 | 46 | Notification of CM/ECF Account for Shylah R. Alfonso (Pro Hac Vice admission). Your login is: sralfonso. Go to the CM/ECF login page to set your password. (ecp) (Entered: 06/19/2017) (0) |
| Jun 19, 2017 | 47 | MINUTES of Telephone Conference: Order - Defendant's motion to strike (ECF 40 ) is DENIED. Defendant's alternative motion for extension of time to answer or otherwise respond to the Second Amended Complaint (ECF 40 ) is GRANTED as follows: (1) Defendant shall answer or otherwise respond to Plaintiff's Second Amended Complaint by 7/31/2017; (2) If Defendant moves against Plaintiff's Second Amended Complaint, Plaintiff's response is due by 8/14/2017; and (3) Defendant's reply (if applicable) is due by 8/28/2017. The parties are directed to confer on a case management schedule by 8/7/2017 and shall jointly file a proposed case schedule (or the parties' respective positions) not later than 8/9/2017. A telephone scheduling conference is set for 8/10/2017 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Andrew E. Aubertine and Stephen J. Joncus present as counsel for plaintiff. Thomas R. Johnson, J. Peter Staples, and Jack Robert Scholz present as counsel for defendant. Court Reporter: Nancy Walker. Judge Michael H. Simon presiding. (mja) Modified on 6/20/2017 (mja). (Entered: 06/19/2017) (0) |
| Jun 16, 2017 | 42 | Response in Opposition to Motion to Strike or Alternatively for an Extension of Time to Answer or Otherwise Respond to Second Amended Complaint 39 40 . Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 06/16/2017) (0) |
| Jun 16, 2017 | 43 | Motion for Leave to Appear Pro Hac Vice for Attorney Shylah R. Alfonso . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5045228. Filed by Cottrell Inc.. (Johnson, Thomas) (Entered: 06/16/2017) (0) |
| Jun 16, 2017 | 44 | Notice of Appearance of Thomas R. Johnson appearing on behalf of Cottrell Inc. Filed by on behalf of Cottrell Inc. (Johnson, Thomas) (Entered: 06/16/2017) (0) |
| Jun 13, 2017 | 41 | Scheduling Order by Judge Michael H. Simon. Order - Setting an expedited schedule as follows: Plaintiff's Response to Defendant's Motion to Strike (ECF 40 ) is due by 6/16/2017. A Telephone Conference is set for 6/19/2017 at 03:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 06/13/2017) (0) |
| Jun 8, 2017 | 40 | Motion to Strike or Alternatively for an Extension of Time to Answer or Otherwise Respond to Second Amended Complaint 39 . Oral Argument requested. Filed by Cottrell Inc.. (Staples, J.) (Entered: 06/08/2017) (0) |
| May 25, 2017 | 38 | Notice of Appearance of Andrew E. Aubertine appearing on behalf of Boydstun Equipment Manufacturing, LLC Filed by on behalf of Boydstun Equipment Manufacturing, LLC (Aubertine, Andrew) (Entered: 05/25/2017) (0) |
| May 25, 2017 | 39 | Second Amended Complaint for Antitrust Claims and Declaratory Judgment of Non-Infringement. Filed by Boydstun Equipment Manufacturing, LLC against Cottrell Inc. (Attachments: # 1 Exhibit Exhibit A). (Joncus, Stephen) (Entered: 05/25/2017) (0) |
| May 25, 2017 | 39 | Amended Complaint* (1) |
| Apr 26, 2017 | 37 | Stipulated Protocol for Production of Boydstun Winches. Signed on 4/26/2017 by Judge Michael H. Simon. (mja) (Entered: 04/26/2017) (0) |
| Apr 25, 2017 | 36 | Stipulation Protocol for Production of Boydstun Winches by Cottrell Inc.. Filed by Cottrell Inc.. (Staples, J.) (Entered: 04/25/2017) (0) |
| Apr 20, 2017 | 35 | Stipulated Protective Order. Signed on 4/20/2017 by Judge Michael H. Simon. (mja) (Entered: 04/20/2017) (0) |
| Apr 19, 2017 | 34 | Stipulated Motion for Protective Order . Filed by All Defendants. (Staples, J.) (Entered: 04/19/2017) (0) |
| Apr 3, 2017 | 33 | MINUTES OF TELEPHONE RULE 16 CONFERENCE: Order - Setting a case schedule as follows: (1) Exchange of initial disclosures due by March 27, 2017 (already completed); (2) the deadline for amendment of pleadings and joinder of parties is due June 1, 2017, or 30 days after production of Boydstun's design, whichever is later; (3) Claim construction simultaneous opening briefs are due July 14, 2017; (4) Answering brief is due by August 22, 2017; (5) a Markman hearing is set for October 2, 2017, at 9:00 a.m. in Portland, Courtroom 13B; (6) Fact discovery is to be completed by December 4, 2017; (7) Exchange of expert reports due by January 15, 2018; (8) Exchange of rebuttal expert reports due by March 1, 2018; (9) Expert discovery is to be completed by April 13, 2018; (10) Dispositive motions are due by May 14, 2018; and (11) the Pretrial Order shall be lodged 45 days after the Court rules on any dispositive motions. No party may file a contested discovery motion without prior leave of Court. In addition, any party filing a motion for summary judgment or partial summary judgment must file (1) a statement of stipulated facts (whether for all purposes or only for purposes of summary judgment) and (2) a statement of undisputed material facts (with specific citations to record evidence). The responding party must specifically identify whether any of the movant's purportedly undisputed material facts are contested, and, if so, the responding party must provide specific citations to record evidence. If applicable, the responding party shall also file a statement containing any additional material facts, with specific citations to record evidence, in opposition to the motion. The moving party may then respond to the additional factual assertions made by the responding party. Stephen J. Joncus present as counsel for plaintiff(s). J. Peter Staples and Jack Robert Scholz present as counsel for defendant(s). Court Reporter: Dennis Apodaca. Judge Michael H. Simon presiding. (mja) (Entered: 04/03/2017) (0) |
| Mar 14, 2017 | 32 | Scheduling Order by Judge Michael H. Simon. Order - At the parties' request, the Court is setting a telephone Rule 16 conference for 4/3/2017 at 02:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 03/14/2017) (0) |
| Feb 6, 2017 | 31 | Answer to 10 Amended Complaint with Jury Demand . Filed by Cottrell Inc.. (Staples, J.) (Entered: 02/06/2017) (0) |
| Feb 3, 2017 | 30 | MINUTES OF TELEPHONE HEARING AND ORDER - As discussed during the telephone hearing held on February 3, 2017, Defendant's Motion for Limited Expedited Discovery 22 is DENIED for the reasons stated on the record. Defendant may file its Answer without counterclaims and without prejudice to its ability to assert counterclaims at a later date. Defendant has leave to file counterclaims within 30 days after Defendant receives the discovery requested in its motion, provided that Defendant acts diligently in seeking this discovery. In addition, the parties shall confer and submit to the Court either a stipulated proposed case management schedule or separate proposed case management schedules. Judge Michael H. Simon. Stephen J. Joncus appeared for Plaintiff, and J. Peter Staples appeared for Defendant. Court reporter: Dennis Apodaca. (mja) (Entered: 02/03/2017) (0) |
| Feb 1, 2017 | 28 | Reply to Motion for Limited Expedited Discovery 22 . Filed by Cottrell Inc.. (Staples, J.) (Entered: 02/01/2017) (0) |
| Feb 1, 2017 | 29 | Declaration of J. Peter Staples . Filed by Cottrell Inc.. (Related document(s): Reply to Motion 28 .) (Staples, J.) (Entered: 02/01/2017) (0) |
| Jan 30, 2017 | 27 | Response in Opposition to Motion for Limited Expedited Discovery 22 . Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 01/30/2017) (0) |
| Jan 29, 2017 | 26 | Order - Setting a telephone conference to discuss Defendant's Motion for Limited Expedited Discovery (ECF 22 ) for 2/3/2017 at 03:00PM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/29/2017) (0) |
| Jan 27, 2017 | 25 | Scheduling Order by Judge Michael H. Simon. Order - At the Defendant's request, the telephone conference schedule for today is STRICKEN. The parties are directed to confer on a new date for the conference and contact the Court for scheduling. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/27/2017) (0) |
| Jan 24, 2017 | 24 | Order - Setting a telephone conference to discuss Defendant's Motion for Limited Expedited Discovery (ECF 22 ) for 1/27/2017 at 10:00AM. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 01/24/2017) (0) |
| Jan 23, 2017 | 22 | Motion for Limited Expedited Discovery. Oral Argument requested. Filed by Cottrell Inc.. (Staples, J.) (Entered: 01/23/2017) (0) |
| Jan 23, 2017 | 23 | Declaration of J. Peter Staples In Support of Defendant's Motion for Limited Expedited Discovery. Filed by Cottrell Inc.. (Related document(s): Motion - Miscellaneous 22 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Staples, J.) (Entered: 01/23/2017) (0) |
| Dec 28, 2016 | 21 | ORDER - Defendant's Unopposed Motion for Extension of Time to Answer or Otherwise Respond to First Amended Complaint (ECF 20 ) is GRANTED. Answer or other responsive pleading is due by 2/6/2017. Ordered by Judge Michael H. Simon. (mja) (Entered: 12/28/2016) (0) |
| Dec 27, 2016 | 20 | Unopposed Motion for Extension of Time to Answer or Otherwise Respond to First Amended Complaint. Filed by Cottrell Inc.. (Staples, J.) (Entered: 12/27/2016) (0) |
| Dec 20, 2016 | 19 | Opinion and Order - Defendant's motion to dismiss (ECF 15 ) is DENIED. Signed on 12/20/2016 by Judge Michael H. Simon. (mja) (Entered: 12/20/2016) (0) |
| Dec 5, 2016 | 18 | Reply to Motion to Dismiss for Lack of Jurisdiction (Subject Matter) 15 . Filed by Cottrell Inc.. (Staples, J.) (Entered: 12/05/2016) (0) |
| Nov 17, 2016 | 17 | Response in Opposition to Motion to Dismiss for Lack of Jurisdiction (Subject Matter) 15 . Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 11/17/2016) (0) |
| Oct 28, 2016 | 15 | Motion to Dismiss for Lack of Jurisdiction (Subject Matter). Oral Argument requested. Filed by Cottrell Inc.. (Staples, J.) (Entered: 10/28/2016) (0) |
| Oct 28, 2016 | 16 | Declaration of J. Peter Staples in Support of Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction. Filed by Cottrell Inc.. (Related document(s): Motion to Dismiss/Lack of Jurisdiction 15 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Staples, J.) (Entered: 10/28/2016) (0) |
| Sep 30, 2016 | 14 | Order - The case deadlines established on May 9, 2016 (ECF 3 ) are stricken. A new case schedule shall be set after Defendant answers the Complaint or, if a responsive motion is filed, after the Court rules on the responsive motion. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/30/2016) (0) |
| Sep 29, 2016 | 12 | Unopposed Motion for Extension of Time to Answer the First Amended Complaint. Filed by Cottrell Inc.. (Staples, J.) (Entered: 09/29/2016) (0) |
| Sep 29, 2016 | 13 | ORDER - Defendant's Motion for Extension of Time to Answer (ECF 12 ) is GRANTED. Answer is due by 10/31/2016. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/29/2016) (0) |
| Sep 13, 2016 | 11 | Certificate of Service by Boydstun Equipment Manufacturing, LLC of Amended Complaint 10 Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 09/13/2016) (0) |
| Sep 12, 2016 | 10 | First Amended Complaint . Filed by Boydstun Equipment Manufacturing, LLC against Cottrell Inc.. (Joncus, Stephen) (Entered: 09/12/2016) (0) |
| Aug 22, 2016 | 8 | Stipulated Motion for Extension of Time to Answer Complaint. Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 08/22/2016) (0) |
| Aug 22, 2016 | 9 | ORDER - The parties' stipulation to extend time for Cottrell, Inc. to respond (ECF 8 ) is GRANTED. Answer or other responsive pleading is due by 9/13/2016. Ordered by Judge Michael H. Simon. (mja) (Entered: 08/22/2016) (0) |
| Aug 3, 2016 | 7 | Proof of Service on Cottrell Inc. Return of Service Unexecuted as to Cottrell Inc.. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (Joncus, Stephen) (Entered: 08/03/2016) (0) |
| Jul 22, 2016 | 6 | Summons Issued Electronically as to Cottrell Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (dsg) (Entered: 07/22/2016) (0) |
| Jul 21, 2016 | 5 | Proposed Summons Filed by Boydstun Equipment Manufacturing, LLC. (Joncus, Stephen) (Entered: 07/21/2016) (0) |
| May 12, 2016 | 1 | Main Document (6) |
| May 12, 2016 | 1 | Exhibit Exhibit A (15) |
| May 12, 2016 | 2 | Corporate Disclosure Statement (2) |
| May 12, 2016 | 2 | Civil Cover Sheet (2) |
| May 9, 2016 | 3 | Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 9/6/2016. Joint Alternate Dispute Resolution Report is due by 10/6/2016. Pretrial Order is due by 10/6/2016. Ordered by Judge Michael H. Simon. (ecp) (Entered: 05/09/2016) (0) |
| May 9, 2016 | 4 | Patent Report: This report is submitted pursuant to 35 U.S.C. section 290, which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (ecp) (Entered: 05/09/2016) (0) |
