Case number 2:20-cv-03135
Wilco Marsh Buggies and Draglines Inc v. Weeks Marine, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 18, 2023 | 207 | ORDER of USCA. The United States Court of Appeals for the Federal Circuit has exclusive jurisdiction over appeals of district court final decisions relating to patents. 28 U.S.C. § 1295(a). Accordingly, this court lacks jurisdiction over this appeal. The Plaintiff's notice of appeal is appropriately addressed to the Court of Appeals for the Federal Circuit. Therefore, rather than dismissing for lack of jurisdiction, we transfer the mis-directed appeal to the Court of Appeals for the Federal Circuit. TRANSFERRED. USCA Judge Name: Smith, Southwick, and Wilson (Attachments: # 1 Letter)(cg) (Entered: 09/18/2023) (0) |
| Sep 8, 2023 | 206 | EXPARTE/MOTION for Leave to File Response/Reply by Weeks Marine, Inc. to 200 Bill of Costs (before Clerk), Motion for Leave to File Reply Memorandum (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Reply Memorandum)(Leachman, Michael) NEF: Clerk (Entered: 09/08/2023) (0) |
| Sep 6, 2023 | 205 | OBJECTIONS by Wilco Marsh Buggies and Draglines Inc re 200 Bill of Costs (before Clerk), (Vickers, Adam) (Entered: 09/06/2023) (6) |
| Sep 5, 2023 | 204 | EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Attorneys' Fees and Expenses 196 by Weeks Marine, Inc.. (Attachments: # 1 Proposed Pleading Reply Memorandum, # 2 Proposed Order)(Leachman, Michael) (Entered: 09/05/2023) (0) |
| Aug 30, 2023 | 203 | APPEAL TRANSCRIPT REQUEST by Wilco Marsh Buggies and Draglines Inc re 199 Notice of Appeal. (Transcript is already on file) (Kepper, Stephen) (Entered: 08/30/2023) (2) |
| Aug 29, 2023 | 202 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 196 MOTION for Attorney Fees and Expenses. (Attachments: # 1 Exhibit A - IPR Order on Rehearing)(Kepper, Stephen) (Entered: 08/29/2023) (0) |
| Aug 24, 2023 | 201 | TRANSCRIPT of MARKMAN HEARING held on FEBRUARY 9, 2022 before Judge CARL J. BARBIER. Court Reporter/Recorder KAREN A. IBOS, Telephone number 504-589-7776. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 11/22/2023. (Ibos, Karen) (Entered: 08/24/2023) (0) |
| Aug 23, 2023 | 200 | BILL OF COSTS by Weeks Marine, Inc.. Matter to be submitted on 09/07/2023 at 10:00 a.m. before Clerk of Court. Any opposition should be filed within 14 days of the filing of this document. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit Ex. 1 to Ex. A, # 4 Notice of Submission)(Leachman, Michael) (Entered: 08/23/2023) (0) |
| Aug 16, 2023 | 199 | NOTICE OF APPEAL by Wilco Marsh Buggies and Draglines Inc as to 194 Judgment, 193 Order on Motion for Reconsideration,, Order on Motion to Substitute,. (Filing fee $ 505, receipt number ALAEDC-10087101.) (Kepper, Stephen) (Entered: 08/16/2023) (2) |
| Aug 16, 2023 | 199 | Notice of Appeal* (1) |
| Aug 11, 2023 | 198 | ORDER - Considering the foregoing Ex Parte Unopposed Motion to Continue Submission Date (Rec. Doc. 197 ),IT IS HEREBY ORDERED that the motion is GRANTED, and the submission date for Defendant's Motion for Attorney's Fees and Expenses Under 35 U.S.C. § 285 (Rec. Doc. 196 ) is continued to September 6, 2023. Signed by Judge Carl J Barbier on 8/11/23.(cg) (Entered: 08/11/2023) (1) |
| Aug 9, 2023 | 197 | EXPARTE/CONSENT MOTION to Continue Submission Date of Defendant's Motion for Attorneys' Fees and Expenses (ECF No. 196) by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order)(Kepper, Stephen) (Entered: 08/09/2023) (0) |
| Aug 4, 2023 | 196 | MOTION for Attorney Fees and Expenses by Weeks Marine, Inc.. Motion(s) will be submitted on 8/23/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Memorandum in Support, # 8 Notice of Submission, # 9 Proposed Order)(Leachman, Michael) (Entered: 08/04/2023) (0) |
| Jul 21, 2023 | 194 | JUDGMENT entered in favor of Weeks Marine, Inc. against Wilco Marsh Buggies and Draglines Inc, dismissing all of Plaintiffs claims with prejudice. Signed by Judge Carl J Barbier on 07/21/2023.(cs) (Entered: 07/21/2023) (1) |
| Jul 21, 2023 | 195 | AO 120 Final Report Regarding Patent & Trademark (cs) (Entered: 07/21/2023) (1) |
| Jul 19, 2023 | 193 | ORDER & REASONS: It is ORDERED that Weeks' 162 Motion for Reconsideration is GRANTED and Wilco's 182 Motion for Leave to Withdraw and Substitute Expert Witness is DENIED. It is FURTHER ORDERED that summary judgment is GRANTED in favor of Defendant, Weeks Marine, Inc. Signed by Judge Carl J Barbier. (gec) (Entered: 07/19/2023) (21) |
| May 24, 2023 | 192 | ORDER granting 191 Motion to Enroll as Counsel of Record. George W. Healy, IV of the law firm of Healy & Jordan, PLLC is hereby enrolled as counsel of record for Plaintiff, Wilco Marsh Buggies & Draglines, Inc. in the above-captioned matter. Signed by Judge Carl J Barbier on 5/24/23. (cg) (Entered: 05/24/2023) (1) |
| May 23, 2023 | 191 | EXPARTE/CONSENT MOTION to Enroll as Counsel of Record George W. Healy, IV, Esq. by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order)(Keaty, Thomas) (Entered: 05/23/2023) (0) |
| Apr 14, 2023 | 189 | ORDER granting 188 Motion for Leave to File Reply. Signed by Judge Carl J Barbier on 4/14/23. (cg) (Entered: 04/14/2023) (1) |
| Apr 14, 2023 | 190 | REPLY to Response to Motion filed by Wilco Marsh Buggies and Draglines Inc re 182 MOTION to Substitute Expert Witness, REURGED. (Attachments: # 1 Exhibit A)(cg) (Entered: 04/14/2023) (0) |
| Apr 4, 2023 | 188 | EXPARTE/CONSENT MOTION for Leave to File to file Reply Memorandum in Support of Reurged Motion for Leave to Withdraw and Substitute Expert Witness [R. Doc. 182] by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading (Reply Brief in Support of Reurged Motion for Leave to Withdraw and Substitute Expert Witness), # 3 Proposed Pleading Exhibit A. (Kepper, Stephen) Modified on 4/5/2023 (cg). (Entered: 04/04/2023) (0) |
| Apr 3, 2023 | 187 | EXPARTE/CONSENT MOTION to Set a Status Conference to Select a Trial Date by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order)(Kepper, Stephen) (Entered: 04/03/2023) (0) |
| Mar 27, 2023 | 185 | REPLY to Response to Motion filed by Weeks Marine, Inc. re 162 MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude; Reply to Wilco's Supplemental Submission in Opposition to Weeks Marine's Motion for Reconsideration of Order Denying Summary Judgment 183 . (Attachments: # 1 Exhibit A - Feb. 14, 2023 Hearing Transcript)(Leachman, Michael) (Entered: 03/27/2023) (0) |
| Mar 27, 2023 | 186 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 182 MOTION to Substitute Expert Witness, REURGED. (Leachman, Michael) (Entered: 03/27/2023) (13) |
| Mar 16, 2023 | 183 | Amendment/Supplement to Document by Wilco Marsh Buggies and Draglines Inc re 172 Response/Memorandum in Opposition to Motion For Reconsideration (Attachments: # 1 Exhibit A (Wilco's PowerPoint Presentation))(Kepper, Stephen) (Entered: 03/16/2023) (0) |
| Mar 16, 2023 | 184 | Request/Statement of Oral Argument by Wilco Marsh Buggies and Draglines Inc regarding 162 MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude. (Attachments: # 1 Proposed Order)(Kepper, Stephen) (Entered: 03/16/2023) (0) |
| Mar 9, 2023 | 182 | MOTION to Substitute Expert Witness, REURGED by Wilco Marsh Buggies and Draglines Inc. Motion(s) will be submitted on 4/5/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Letter from William T. Bennet, Jr.), # 3 Exhibit B (Letter from Jason Kiddy), # 4 Notice of Submission, # 5 Proposed Order)(Kepper, Stephen) (Entered: 03/09/2023) (0) |
| Mar 1, 2023 | 181 | TRANSCRIPT of Motion Hearing held on February 14, 2023 before Judge Carl J. Barbier. Court Reporter/Recorder Alexis A. Vice, Telephone number 504-589-7777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 21 days from the filing of this transcript to file with the Court a Redaction Request. Release of Transcript Restriction set for 5/30/2023. (Vice, Alexis) (Entered: 03/01/2023) (101) |
| Feb 15, 2023 | 179 | Minute Order. Proceedings held before Judge Carl J Barbier: Motion Hearing held on 2/14/2023. ORDERED that Motion for Leave to Withdraw and Substitute Expert Witness (Rec. Doc. 174 ) is DENIED. The Court construes Defendant's opposition to the above motion (Rec. Doc. 178 ), as a motion to continue the trial date, which is GRANTED. The Court will contact the parties to arrange a status conference to discuss a new trial date. The Court deferred ruling on Defendant's Motion to Reconsider the Order Denying Motion for Summary Judgment (Rec. Doc. 162 ) and ordered that Plaintiff submit any additional briefing within 30 days. Defendant is allowed to respond within 10 days. The Court GRANTED, DENIED and deferred ruling on Motions in Limine (Rec. Docs. 146, 147) as stated herein. Defendant's Motion to Strike and Exclude the Expert Opinions and Testimony of William T. Bennett and Julia Rowe (Rec. Doc. 109 ) TAKEN UNDER ADVISEMENT. (Court Reporter Alexis Vice.) (gec) (Entered: 02/15/2023) (5) |
| Feb 15, 2023 | 180 | Supplemental Support by Weeks Marine, Inc. re 162 MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude ; (Attachments: # 1 Exhibit A - Weeks' PowerPoint Presentation from Feb. 14, 2023 Hearing)(Leachman, Michael) Modified on 2/16/2023 (cg). (Entered: 02/15/2023) (0) |
| Feb 10, 2023 | 178 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 174 MOTION to Substitute Expert Witness . (Leachman, Michael) (Entered: 02/10/2023) (7) |
| Feb 9, 2023 | 177 | ORDERED that the oral argument set for February 14, 2023 at 9:30 a.m. is rescheduled for 9:00 a.m. Signed by Judge Carl J Barbier.(gec) (Entered: 02/09/2023) (1) |
| Feb 7, 2023 | 176 | ORDER granting 175 Motion to Expedite. Plaintiff's Motion for Leave to Withdraw and Substitute Expert Witness (Rec. Doc. 174) is hereby set for submission on February 14th, 2023 at 9:30 a.m. Counsel for both parties should be prepared to discuss this motion at the oral argument already set for the 14th. Signed by Judge Carl J Barbier on 2/6/23. (cg) (Entered: 02/07/2023) (1) |
| Feb 6, 2023 | 174 | MOTION to Substitute Expert Witness by Wilco Marsh Buggies and Draglines Inc. Motion(s) will be submitted on 2/22/2023. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A (Letter from Dr. Theresa Vicroy, M.D.), # 3 Notice of Submission, # 4 Proposed Order)(Kepper, Stephen) (Entered: 02/06/2023) (0) |
| Feb 6, 2023 | 175 | EXPARTE/CONSENT MOTION to Expedite ruling on Plaintiff's Motion to Substitute Expert Witness [Rec. Doc. 174]) by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order)(Kepper, Stephen) (Entered: 02/06/2023) (0) |
| Feb 3, 2023 | 173 | ORDERED that the 162 MOTION to Reconsider the Order Denying Motion for Summary Judgment, 109 Motion to Strike and Exclude the Expert Opinions and Testimony of William T. Bennet and Julia Rowe, and Motions in Limine (Rec. Docs. 146 , 147 ) are set for oral argument on February 14, 2023 at 9:30 a.m. Signed by Judge Carl J Barbier.(gec) (Entered: 02/03/2023) (1) |
| Jan 31, 2023 | 172 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 162 MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude. (Latham, Gregory) (Entered: 01/31/2023) (18) |
| Jan 24, 2023 | 171 | Supplemental Memorandum by Weeks Marine, Inc. to 160 Objections (Attachments: # 1 Exhibit 1 - Authenticating Affidavit for Contested Trial Exhibits D-5 to D-8)(Leachman, Michael) (Entered: 01/24/2023) (0) |
| Jan 20, 2023 | 166 | Memorandum by Wilco Marsh Buggies and Draglines Inc regarding Proposed Jury Instructions. (Latham, Gregory) (Entered: 01/20/2023) (13) |
| Jan 20, 2023 | 167 | Memorandum by Wilco Marsh Buggies and Draglines Inc regarding Proposed Verdict Form. (Latham, Gregory) (Entered: 01/20/2023) (4) |
| Jan 20, 2023 | 168 | Proposed Jury Instructions by Weeks Marine, Inc., Wilco Marsh Buggies & Draglines, Inc. (Leachman, Michael) Modified filers on 1/20/2023 (gec). (Entered: 01/20/2023) (30) |
| Jan 20, 2023 | 169 | Proposed Jury Verdict Form by Weeks Marine, Inc., Wilco Marsh Buggies & Draglines, Inc. (Leachman, Michael) Modified filers on 1/20/2023 (gec). (Entered: 01/20/2023) (10) |
| Jan 20, 2023 | 170 | Memorandum by Weeks Marine, Inc. re 168 Proposed Jury Instructions, 169 Proposed Jury Verdict Form (Attachments: # 1 Exhibit A - Wilco's Final Infringement Contentions, # 2 Exhibit B - Arendi Docket Sheet)(Leachman, Michael) (Entered: 01/20/2023) (0) |
| Jan 19, 2023 | 164 | NOTICE by Clerk re 163 Request/Statement of Oral Argument re 162 MOTION for Reconsideration. Pursuant to Local Rule 78.1, this motion is set for hearing with oral argument on 2/8/2023 at 9:30 AM before Judge Carl J. Barbier. (cg) (Entered: 01/19/2023) (0) |
| Jan 19, 2023 | 165 | ORDER - Considering Defendant, Weeks Marine, Inc.'s Request for Oral Argument on the Motion to Reconsider the Order Denying Motion for Summary Judgment (Rec. Doc. 163 ), IT IS HEREBY ORDERED that the request is DENIED. Defendant's motion will be considered on the briefs unless the Court instructs the parties otherwise. Signed by Judge Carl J Barbier on 1/19/23.(cg) (Entered: 01/19/2023) (1) |
| Jan 18, 2023 | 162 | MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude ; by Weeks Marine, Inc.. Motion(s) will be submitted on 2/8/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Leachman, Michael) (Entered: 01/18/2023) (0) |
| Jan 18, 2023 | 163 | Request/Statement of Oral Argument by Weeks Marine, Inc. regarding 162 MOTION for Reconsideration re 144 Order on Motion for Summary Judgment, Order on Motion to Exclude ; (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 01/18/2023) (0) |
| Jan 17, 2023 | 160 | Memorandum by Weeks Marine, Inc. re Trial Exhibit Objections. (Leachman, Michael) Modified on 1/17/2023 (gec). (Entered: 01/17/2023) (27) |
| Jan 17, 2023 | 161 | Memorandum by Wilco Marsh Buggies and Draglines Inc re Trial Exhibit Objections. (Attachments: # 1 Exhibit 1 (Excerpts from deposition of Brent Wilson))(Kepper, Stephen) Modified on 1/17/2023 (gec). (Entered: 01/17/2023) (0) |
| Jan 13, 2023 | 153 | Proposed Jury Instructions by Weeks Marine, Inc.. (Attachments: # 1 Exhibit A - Weeks Marine's Proposed Jury Instructions, # 2 Exhibit B - Redline of Changes to Model Instructions)(Leachman, Michael) (Entered: 01/13/2023) (0) |
| Jan 13, 2023 | 154 | Proposed Jury Verdict Form by Weeks Marine, Inc.. (Attachments: # 1 Exhibit A - Weeks Marine's Proposed Verdict Form)(Leachman, Michael) (Entered: 01/13/2023) (0) |
| Jan 13, 2023 | 155 | Proposed Voir Dire by Weeks Marine, Inc.. (Leachman, Michael) (Entered: 01/13/2023) (6) |
| Jan 13, 2023 | 156 | Witness List by Weeks Marine, Inc.. (Leachman, Michael) (Entered: 01/13/2023) (4) |
| Jan 13, 2023 | 157 | Proposed Jury Instructions by Wilco Marsh Buggies and Draglines Inc. (Kepper, Stephen) (Entered: 01/13/2023) (30) |
| Jan 13, 2023 | 158 | Proposed Jury Verdict Form by Wilco Marsh Buggies and Draglines Inc. (Kepper, Stephen) (Entered: 01/13/2023) (11) |
| Jan 13, 2023 | 159 | Proposed Voir Dire by Wilco Marsh Buggies and Draglines Inc. (Kepper, Stephen) (Entered: 01/13/2023) (6) |
| Dec 30, 2022 | 151 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 147 MOTION in Limine to Exclude Testimony and Exhibits From Trial . (Attachments: # 1 Exhibit A - Excerpts of Weeks' Final Invalidity Contentions, # 2 Exhibit B - Dr. Hudson's December 16, 2022 Supplemental Report, # 3 Exhibit C - D-21 - Conventional Amphibious Excavators from Archived Wilco Webpages, # 4 Exhibit D - D-71 - Bayou Bonfouca Project Completion Report, # 5 Exhibit E - D-72 - CPRA Project Implementation Update, # 6 Exhibit F - D-95 - USACE Zydeco Specification, # 7 Exhibit G - Robert Wilson Depo Excerpt)(Leachman, Michael) (Entered: 12/30/2022) (0) |
| Dec 30, 2022 | 152 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 146 MOTION in Limine to Exclude Exhibits and Testimony from Trial (Motions in Limine 1-6) . (Latham, Gregory) (Entered: 12/30/2022) (24) |
| Dec 29, 2022 | 150 | Minute Entry for proceedings held before Judge Carl Barbier: Status Conference held on 12/29/2022. The Court held a telephone status conference on December 29th, 2022 to discuss issues with the current trial date. The Parties have advised the Court of difficulties concerning the availability of certain witnesses to testify at trial. In light of this, IT IS HEREBY ORDERED that the current trial date of January 9th, 2023 is CONTINUED to March 13th, 2023 at 8:30 a.m. The Parties have already filed motions in limine, and all oppositions thereto are due Friday, December 30th, 2022 at noon. All remaining pre-trial matters including bench books, objections to exhibits, deposition transcripts, trial memoranda, witness and exhibit lists, proposed jury instructions, a proposed verdict form, and proposed voir dire questions are due January 13th, 2023 at noon. (cg) (Entered: 12/29/2022) (2) |
| Dec 28, 2022 | 149 | Correction of Docket Entry by Clerk re 146 MOTION in Limine to Exclude Exhibits and Testimony from Trial (Motions in Limine 1-6), 147 MOTION in Limine to Exclude Testimony and Exhibits From Trial. These motions have been RESET for the Trial Date of 1/9/23. (cg) (Entered: 12/28/2022) (0) |
| Dec 27, 2022 | 146 | MOTION in Limine to Exclude Exhibits and Testimony from Trial (Motions in Limine 1-6) by Weeks Marine, Inc. Motion(s) will be submitted on 1/9/23. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A - PTAB Decision Denying Institution of IPR, # 3 Exhibit B - Excerpts of the Depo of John Wilson, Sr, # 4 Proposed Order)(Leachman, Michael) Modified submission date on 12/28/2022 (cg). (Entered: 12/27/2022) (0) |
| Dec 27, 2022 | 147 | MOTION in Limine to Exclude Testimony and Exhibits From Trial by Wilco Marsh Buggies and Draglines Inc. Motion(s) will be submitted on 1/9/2023. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Latham, Gregory) Modified submission date on 12/28/2022 (cg). (Entered: 12/27/2022) (0) |
| Dec 27, 2022 | 148 | Minute Entry for proceedings held before Judge Carl Barbier: Telephone Status Conference held on 12/27/2022. The Court held a telephone status conference on December 27th, 2022 to discuss issues with the current trial date. At the conference, the Court ORDERED as follows: 1. The parties are to call the Court for a follow up status conference on Thursday, December 29th, 2022 at 10:00 a.m. for further discussion regarding the current trial date. Counsel for Plaintiff will begin the conference call and, once representatives for Defendants are on the line, add the Court to the call by dialing 337-274-9253. 2. The parties are instructed to submit all motions in limine on December 27th, 2022. 3. All remaining pre-trial deadlines remain unchanged. (cg) (Entered: 12/28/2022) (2) |
| Dec 21, 2022 | 142 | ORDER granting 136 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 12/21/22. (cg) (Entered: 12/21/2022) (1) |
| Dec 21, 2022 | 143 | REPLY in Support to Response to Motion filed by Weeks Marine, Inc. re 110 MOTION for Summary Judgment . (Attachments: # 1 Exhibit 21 Additional Excerpts from 30(b)(6) Deposition of Wilco, # 2 Statement of Contested/Uncontested Facts), # 3 Exhibit 20 November 15, 2022 Deposition of William Bennett ) (cg). (Entered: 12/21/2022) (0) |
| Dec 21, 2022 | 144 | ORDER AND REASONS denying 110 Motion for Summary Judgment and 126 Motion in Limine to Exclude. Signed by Judge Carl Barbier on 12/21/22. (cg) (Entered: 12/21/2022) (21) |
| Dec 20, 2022 | 145 | Minute Entry for proceedings held before Judge Carl Barbier: Final Pretrial Conference held on 12/20/2022. The Court adopted the pre-trial order that was electronically filed into the record (Rec. Doc. 138). At the conference, the Court ORDERED as follows herein. The Jury Trial will commence at 8:30 a.m. on Monday, January 9th, 2022 and is expected to last five days. Counsel should be present at least 30 minutes prior to the start of trial. (cg) (Entered: 12/21/2022) (4) |
| Dec 19, 2022 | 140 | ORDER granting 137 Motion for Leave to File Reply. Signed by Judge Carl Barbier on 12/19/22. (cg) (Entered: 12/19/2022) (1) |
| Dec 19, 2022 | 141 | REPLY in Support to Response to Motion filed by Wilco Marsh Buggies and Draglines Inc re 126 MOTION to Exclude and Strike Evidence. (cg) (Entered: 12/19/2022) (10) |
| Dec 14, 2022 | 139 | ORDER - Due to a scheduling conflict with the Court, IT IS HEREBY ORDERED that the Final Pre-Trial Conference currently scheduled for December 15th, 2022 at 3:30 p.m. is hereby CONTINUED to December 20th, 2022 at 11:30 a.m. Signed by Judge Carl Barbier on 12/14/22.(cg) (Entered: 12/14/2022) (1) |
| Dec 13, 2022 | 137 | EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion to Strike and Exclude Evidence by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Proposed Plaintiff's Reply Memorandum in Support of Its Motion to Strike and Exclude Evidence)(Keaty, Thomas) (Entered: 12/13/2022) (0) |
| Dec 13, 2022 | 138 | Joint Pretrial Order by Wilco Marsh Buggies and Draglines Inc. and Weeks Marine, Inc. (Latham, Gregory) Modified on 12/14/2022 (cg). (Entered: 12/13/2022) (30) |
| Dec 12, 2022 | 136 | EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of Motion for Summary Judgment 110 and Response to Plaintiff's Statement of Undisputed Fact by Weeks Marine, Inc.. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading Weeks Marine's Proposed Reply in support of Motion for Summary Judgment, # 3 Proposed Pleading Ex. 20 to Reply - November 15, 2022 Deposition of William Bennett, # 4 Proposed Pleading Ex. 21 to Reply - Additional Excerpts from 30(b)(6) Deposition of Wilco, # 5 Proposed Pleading Weeks Marine's Response to Plaintiff's Statement of Undisputed Fact)(Leachman, Michael) (Entered: 12/12/2022) (0) |
| Dec 6, 2022 | 135 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 126 MOTION to Exclude and Strike Evidence . (Attachments: # 1 Exhibit 1 - US Army FOIA Certification and Documents (Part 1 - 5-20-22 Response), # 2 Exhibit 1 - US Army FOIA Certification and Documents (Part 2 - Bibliographic Record 1), # 3 Exhibit 1 - US Army FOIA Certification and Documents (Part 3 - Bibliographic Record 2), # 4 Exhibit 1 - US Army FOIA Certification and Documents (Part 4 - Bibliographic Record 3), # 5 Exhibit 1 - US Army FOIA Certification and Documents (Part 5 - Parchure 1996), # 6 Exhibit 1 - US Army FOIA Certification and Documents (Part 6 - Clark 1983), # 7 Exhibit 2 - Declaration of Bob C. Sutton, # 8 Exhibit 3 - Robert Wetta Declaration)(Leachman, Michael) (Entered: 12/06/2022) (0) |
| Dec 5, 2022 | 134 | ORDER AND REASON denying 120 Motion for Leave to File Motion to Exclude Expert Testimony of Patrick Hudson. Signed by Judge Carl Barbier on 12/5/22. (cg) (Entered: 12/05/2022) (3) |
| Dec 2, 2022 | 133 | Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Settlement Conference held on 12/2/2022. Negotiations were productive but unfortunately no resolution could be achieved at this time. Negotiations are ongoing. (rt) (Entered: 12/02/2022) (1) |
| Dec 1, 2022 | 131 | ORDER granting 108 Motion to Seal. The Clerk of Court is hereby instructed to file Julia Rowe's October 14, 2022 Expert Report Regarding Damages under seal. Signed by Judge Carl Barbier on 12/1/22. (cg) (Entered: 12/01/2022) (1) |
| Dec 1, 2022 | 132 | Sealed Document (cg) (Entered: 12/01/2022) (0) |
| Nov 30, 2022 | 128 | ORDER denying as moot 96 Motion for Leave to File Reply Memorandum. Signed by Judge Carl Barbier on 11/30/22. (cg) (Entered: 11/30/2022) (1) |
| Nov 30, 2022 | 129 | ORDER granting 124 Motion for Leave to File Reply Memorandum. Signed by Judge Carl Barbier on 11/30/22. (cg) (Entered: 11/30/2022) (1) |
| Nov 30, 2022 | 130 | REPLY in Support to Response to Motion filed by Weeks Marine, Inc. re 109 MOTION to Strike Expert Opinions of William T. Bennett and Julia Rowe MOTION to Exclude Expert Testimony of William T. Bennett and Julia Rowe at Trial. (Attachments: # 1 Exhibit E, # 2 Exhibit F)(cg) (Entered: 11/30/2022) (0) |
| Nov 29, 2022 | 124 | EXPARTE/CONSENT MOTION for Leave to File Reply Memorandum in Support of its Motion to Strike and Exclude the Testimony of William T. Bennett, Jr. and Julia Rowe by Weeks Marine, Inc. (Attachments: # 1 Proposed Pleading Reply Memorandum in Support of its Motion to Strike and Exclude the Testimony of William T. Bennett, Jr. and Julia Rowe, # 2 Proposed Pleading Ex. E - Bennett Depo. Excerpts, # 3 Proposed Pleading Ex. F - John Wilson Sr. Depo Excerpts Vol. II, # 4 Proposed Order)(Leachman, Michael) (Entered: 11/29/2022) (0) |
| Nov 29, 2022 | 125 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 120 MOTION for Leave to File Motion to Exclude Expert Testimony of Patrick Hudson, . (Attachments: # 1 Exhibit A - Email Correspondence, # 2 Proposed Order)(Leachman, Michael) (Entered: 11/29/2022) (0) |
| Nov 29, 2022 | 126 | MOTION to Exclude and Strike Evidence by Wilco Marsh Buggies and Draglines Inc. Motion(s) will be submitted on 12/14/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Latham, Gregory) (Entered: 11/29/2022) (0) |
| Nov 29, 2022 | 127 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 110 MOTION for Summary Judgment . (Attachments: # 1 Affidavit of John Wilson Jr., # 2 Exhibit 1 - Declaration of John Wilson Jr., # 3 Exhibit 2 - Declaration of John Wilson Jr., # 4 Exhibit 3 - Declaration of John Wilson Jr., # 5 Exhibit 4 - Declaration of John Wilson Jr., # 6 Exhibit 5 - Declaration of John Wilson Jr., # 7 Exhibit 6 - Declaration of John Wilson Jr., # 8 Exhibit 7 - Declaration of John Wilson Jr., # 9 Exhibit 8 - Declaration of John Wilson Jr., # 10 Exhibit 9 - Declaration of John Wilson Jr., # 11 Affidavit of William T. Bennett Jr., # 12 Exhibit 1 (Excerpts of Rule 30(b)(6) Deposition of Weeks Marine), # 13 Statement of Contested/Uncontested Facts)(Latham, Gregory) (Entered: 11/29/2022) (0) |
| Nov 22, 2022 | 119 | NOTICE by Weeks Marine, Inc. re 108 MOTION to Seal Expert Report of Julia Rowe on Damages - Notice of Plaintiff's Non-Opposition to Motion to File Under Seal. (Attachments: # 1 Proposed Order)(Leachman, Michael) (Entered: 11/22/2022) (0) |
| Nov 22, 2022 | 120 | MOTION for Leave to File Motion to Exclude Expert Testimony of Patrick Hudson, by Wilco Marsh Buggies and Draglines Inc. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading (Motion to Exclude Expert Testimony of Patrick Hudson), # 3 Proposed Pleading (Memorandum in Support of Motion to Exclude Expert Testimony of Patrick Hudson), # 4 Proposed Pleading (Exhibit 1 - Motion to Exclude Expert Testimony of Patrick Hudson), # 5 Proposed Pleading (Exhibit 2 - Motion to Exclude Expert Testimony of Patrick Hudson), # 6 Proposed Pleading (Exhibit 3 - Motion to Exclude Expert Testimony of Patrick Hudson), # 7 Proposed Pleading (Exhibit 4 - Motion to Exclude Expert Testimony of Patrick Hudson), # 8 Proposed Pleading (Notice of Submission - Motion to Exclude Expert Testimony of Patrick Hudson), # 9 Proposed Pleading (Proposed Order - Motion to Exclude Expert Testimony of Patrick Hudson))(Kepper, Stephen) Modified on 11/22/2022 (cg). (Entered: 11/22/2022) (0) |
| Nov 22, 2022 | 121 | Correction of Docket Entry by Clerk re 120 MOTION for Leave to File Motion to Exclude Expert Testimony of Patrick Hudson,.****Please DISREGARD the deficiency notice. Chambers will accept the Motion as is, however the Judge will issue an order regarding response and reply's to the motion.**** (cg) (Entered: 11/22/2022) (0) |
| Nov 22, 2022 | 122 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 109 MOTION to Strike Expert Opinions of William T. Bennett and Julia Rowe MOTION to Exclude Expert Testimony of William T. Bennett and Julia Rowe at Trial . (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Latham, Gregory) (Entered: 11/22/2022) (0) |
| Nov 22, 2022 | 123 | ORDER re 120 MOTION for Leave to File Motion to Exclude Expert Testimony of Patrick Hudson, the motion is set for submission on the briefs on December 14, 2022. The deadline for Weeks Marine, Inc.'s opposition memorandum is November 29, 2022. Signed by Judge Carl Barbier. (gec) (Entered: 11/22/2022) (1) |
| Nov 21, 2022 | 117 | ORDER AND REASONS regarding 100 Motion to Compel. For the foregoing reasons, the Motion to Compel filed by Wilco Marsh Buggies & Draglines, Inc. (Rec. Doc. 100). is granted in part and denied in part as provided herein. Signed by Magistrate Judge Janis van Meerveld on 11/21/22. (cg) (Entered: 11/21/2022) (10) |
| Nov 21, 2022 | 118 | ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in the matter is hereby scheduled for Monday, 12/1/2022, at 2:30 p.m., before Magistrate Judge Janis van Meerveld. The required settlement memoranda, more fully described on Page 2, are due no later than 2:00 p.m. on Monday, 11/28/2022. Signed by Magistrate Judge Janis van Meerveld on 11/21/2022.(caa) (Entered: 11/21/2022) (4) |
| Nov 18, 2022 | 116 | ORDERED that 107 Joint MOTION for Limited Extension of Deadline to File Motion to Exclude Expert Testimony is DENIED. It is FURTHER ORDERED that the 114 MOTION to Continue Submission Date of Defendant's 110 Motion for Summary Judgment is GRANTED. The submission date is continued to December 14, 2022. The deadline for Wilco's opposition memorandum is continued to November 29, 2022. The Court will advise the parties if Oral Argument is necessary. Signed by Judge Carl Barbier.(gec) (Entered: 11/18/2022) (1) |
| Nov 17, 2022 | 114 | MOTION to Continue Submission Date of Defendant's Motion for Summary Judgment, by Wilco Marsh Buggies and Draglines Inc. Motion(s) will be submitted on 12/14/2022. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission)(Kepper, Stephen) (Entered: 11/17/2022) (0) |
| Nov 17, 2022 | 115 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 114 MOTION to Continue Submission Date of Defendant's Motion for Summary Judgment, . (Leachman, Michael) (Entered: 11/17/2022) (3) |
| Nov 16, 2022 | 112 | ORDER re Weeks Marine, Inc.'s Ex Parte and In Camera Request Not to Disclose Impeachment Evidence and Combined Brief. It is ORDERED that the request is DENIED, and Weeks Marine, Inc. is hereby ordered to disclose the evidence at issue to Plaintiff by Friday, November 18, 2022, at noon. Signed by Judge Carl Barbier.(gec) (Entered: 11/16/2022) (1) |
| Nov 16, 2022 | 113 | Minute Order. Proceedings held before Magistrate Judge Janis van Meerveld: ORDERED: that the Defendants 98 Motion to Compel is DISMISSED as moot, and without prejudice to defendants ability to challenge the sufficiency of the supplemental production. Plaintiffs 100 Motion to Compel is taken under submission. (Court Reporter Jodi Simcox.) (caa) (Entered: 11/16/2022) (1) |
| Nov 15, 2022 | 108 | MOTION to Seal Expert Report of Julia Rowe on Damages by Weeks Marine, Inc.. Motion(s) will be submitted on 11/30/2022. (Attachments: # 1 Memorandum in Support, # 2 Notice of Submission, # 3 Proposed Order)(Leachman, Michael) (Entered: 11/15/2022) (0) |
| Nov 15, 2022 | 109 | MOTION to Strike Expert Opinions of William T. Bennett and Julia Rowe, MOTION to Exclude Expert Testimony of William T. Bennett and Julia Rowe at Trial by Weeks Marine, Inc.. Motion(s) will be submitted on 11/30/2022. (Attachments: # 1 Exhibit A - Bennett Validity Report, # 2 Exhibit B - Rowe Damages Report (Placeholder - To Be Filed Under Seal), # 3 Exhibit C - John Wilson, Sr. Depo. Excerpts, # 4 Exhibit D - Julia Rowe Depo. Excerpts, # 5 Memorandum in Support, # 6 Notice of Submission, # 7 Proposed Order)(Leachman, Michael) (Entered: 11/15/2022) (0) |
| Nov 15, 2022 | 110 | MOTION for Summary Judgment by Weeks Marine, Inc.. Motion(s) will be submitted on 11/30/2022. (Attachments: # 1 Statement of Contested/Uncontested Facts, # 2 Memorandum in Support, # 3 Affidavit Declaration of Jeffrey J. Phillips, # 4 Exhibit 1 to Phillips Decl. (the '801 Patent), # 5 Exhibit 2 to Phillips Decl. (Sturdivant), # 6 Exhibit 3 to Phillips Decl. (Wilson), # 7 Exhibit 4 to Phillips Decl. (Harada), # 8 Exhibit 5 to Phillips Decl. (Zong), # 9 Exhibit 6 to Phillips Decl. (Parchure), # 10 Exhibit 7 to Phillips Decl. (Clark), # 11 Exhibit 8 to Phillips Decl. (FOIA Request), # 12 Exhibit 9 to Phillips Decl. (Depo of David Binkley & DMI), # 13 Exhibit 10 to Phillips Decl. (DMI Tech File 80112), # 14 Exhibit 11 to Phillips Decl. (DMI MudMaster Brochure 1), # 15 Exhibit 12 to Phillips Decl. (DMI MudMaster Brochure 2), # 16 Exhibit 13 to Phillips Decl. (DMI Brochure), # 17 Exhibit 14 to Phillips Decl. (Assembly Instructions), # 18 Exhibit 15 to Phillips Decl. (Track System Ops), # 19 Exhibit 16 to Phillips Decl. (LEI Sales Contract), # 20 Exhibit 17 to Phillips Decl. (Inter-Office Memo), # 21 Exhibit 18 to Phillips Decl. (Bennett Declaration), # 22 Exhibit 19 to Phillips Decl. (Excerpt of Corporate Depo of Wilco), # 23 Affidavit Declaration of Patrick J. Hudson, Ph.D. (with Exhs. A-C), # 24 Notice of Submission, # 25 Proposed Order)(Leachman, Michael) (Entered: 11/15/2022) (0) |
| Nov 15, 2022 | 111 | Request/Statement of Oral Argument by Weeks Marine, Inc. regarding 110 MOTION for Summary Judgment (Leachman, Michael) (Entered: 11/15/2022) (3) |
| Nov 14, 2022 | 107 | EXPARTE/CONSENT Joint MOTION for Extension of Deadlines (seeking brief seven day extension of deadline to file motion in limine to exclude expert testimony), by Wilco Marsh Buggies and Draglines Inc., Weeks Marine Inc. (Attachments: # 1 Proposed Order)(Kepper, Stephen) Modified on 11/15/2022 (lag). (Entered: 11/14/2022) (0) |
| Nov 8, 2022 | 105 | RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re 100 MOTION to Compel Discovery . (Attachments: # 1 Exhibit A - Vestal Decl., # 2 Exhibit B - Vestal Depo., # 3 Exhibit C - Wilco's First Requests for Documents, # 4 Proposed Order)(Leachman, Michael) (Entered: 11/08/2022) (0) |
| Nov 8, 2022 | 106 | RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re 98 MOTION to Compel Discovery . (Attachments: # 1 Exhibit A (Supplemental Responses to Interrogatories), # 2 Exhibit B (Supplemental Responses to Request for Production))(Kepper, Stephen) (Entered: 11/08/2022) (0) |
| Nov 3, 2022 | 104 | Order Setting/Resetting Hearing on Motion (1) Docket Text: ORDER that oral argument on Defendants Motion to Compel [98] and Plaintiffs Motion to Compel [100] will be held on Wednesday, 11/16/2022, at 11:00 a.m., before Magistrate Judge Janis van Meerveld. FURTHER ORDERED that the Court will only grant leave to file a memorandum in reply if (1) the proposed memorandum addresses issues raised by the memorandum in opposition, but not addressed in the original memorandum in support, and (2) the proposed memorandum and motion for leave are filed into the record by 4:00 p.m. on the Friday preceding oral argument. Signed by Magistrate Judge Janis van Meerveld on 11/3/2022.(caa) |
| Nov 2, 2022 | 102 | Order on Motion to Expedite (1) Docket Text: ORDER denying [101] Motion to Expedite hearing of Wilcos Motion to Compel. Signed by Magistrate Judge Janis van Meerveld on 11/2/2022. (caa) |
| Nov 2, 2022 | 103 | Order on Motion to Expedite (1) Docket Text: ORDER denying [99] Motion to Expedite the hearing of Weeks Marines Motion to Compel Discovery. Signed by Magistrate Judge Janis van Meerveld on 11/2/2022. (caa) |
| Oct 20, 2022 | 97 | Order on Motion for Extension of Deadlines (1) Docket Text: ORDER granting [93] Motion for Extension of Deadlines. Weeks Marine, Inc. may file its late Witness and Exhibit List. Signed by Judge Carl Barbier on 10/20/22. (cg) |
| Oct 19, 2022 | 94 | Response/Memorandum in Opposition to Motion (5) Docket Text: RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re [93] MOTION for Extension of Deadlines to File Defendant's Witness and Exhibit List Until October 19, 2022 . (Latham, Gregory) |
| Oct 19, 2022 | 95 | Witness and Exhibit List (14) Docket Text: Witness and Exhibit List by Weeks Marine, Inc.. (Leachman, Michael) |
| Oct 17, 2022 | 92 | Witness and Exhibit List (10) Docket Text: Witness and Exhibit List by Wilco Marsh Buggies and Draglines Inc. (Kepper, Stephen) |
| Oct 4, 2022 | 91 | Order on Motion to Continue (1) Docket Text: ORDERED that [90] Motion to Continue Trial is DENIED. The jury trial in this case shall remain scheduled for January 9, 2023. It is FURTHER ORDERED that Wilco's damages expert may have an additional 7 days to complete her report. The remaining deadlines set forth in the Court's scheduling order (Rec. Doc. [57]) and previous Order granting the parties' joint motion to amend the scheduling order (Rec. Doc. [85]) shall remain in effect. Signed by Judge Carl Barbier. (gec) |
| Sep 22, 2022 | N/A | Correction of Docket Entry by Clerk (0) Docket Text: NOTICE by Clerk re [87] Request/Statement of Oral Argument re [79] MOTION for Appeal/Review of Magistrate Decision. Pursuant to Local Rule 78.1, this motion is set for hearing with oral argument on 10/5/2022 at 9:30 AM before Judge Carl J. Barbier.(cg) |
| Sep 22, 2022 | 89 | Order on Motion for Appeal of Magistrate Judge Decision to District Court (2) Docket Text: ORDERED that [79] MOTION for APPEAL OF MAGISTRATE JUDGE DECISION to District Court is DENIED, and the [87] Request for Oral Argument on the motion is also DENIED. It is FURTHER ORDERED that Magistrate Judge van Meerveld's Order and Reasons denying Plaintiff's Motion to Strike and granting Defendant's Motion to Amend (Rec Doc. [75]) is AFFIRMED. Signed by Judge Carl Barbier. (gec) |
| Sep 21, 2022 | 87 | Request/Statement of Oral Argument (2) Docket Text: Request/Statement of Oral Argument by Weeks Marine, Inc. regarding [79] MOTION for APPEAL/REVIEW OF MAGISTRATE JUDGE DECISION to District Court re [78] Order on Motion for Reconsideration, [75] Order on Motion for Leave to File,, Order on Motion to Strike,,,, Order on Motion for Miscellaneous Relief, (Leachman, Michael) |
| Sep 14, 2022 | 85 | Order on Motion to Amend/Correct (1) Docket Text: ORDER granting [84] Motion to Amend/Correct Scheduling Order. The scheduling order (Rec. Doc. 57) deadlines shall be amended as stated herein. IT IS FURTHER ORDERED that all remaining deadlines set forth in the Court's Scheduling Order (Rec. Doc. 57) shall remain in effect. Signed by Judge Carl Barbier on 9/14/22. (cg) |
| Sep 12, 2022 | 83 | Order on Motion for Extension of Time to File Response/Reply (1) Docket Text: ORDER granting [82] Motion to Move Submission Date and to Extend Response Deadline (Rec. Doc. 82). IT IS ORDERED that the joint motion is GRANTED. The submission date on Plaintiff's Motion for Review (Rec. Doc. 77) is hereby continued from September 21, 2022 until October 5, 2022. IT IS FURTHER ORDERED that Defendant Weeks Marine, Inc. shall have through September 21, 2022, to file its response to the Motion for Review. Signed by Judge Carl Barbier on 9/12/22. (cg) |
| Sep 8, 2022 | 81 | Order on Motion to Substitute Attorney (1) Docket Text: ORDER granting [80] Motion to Substitute Attorney. IT IS ORDERED that Ian C. Barras (LA Bar No. 30854) is hereby withdrawn as counsel of record for Plaintiff, Wilco Marsh Buggies & Draglines, Inc. IT IS FURTHER ORDERED that Adam V. Vickers (LA Bar No. 34992) of the firm Intellectual Property Consulting, LLC is substituted as counsel of record for Plaintiff, Wilco Marsh Buggies & Draglines, Inc. Signed by Judge Carl Barbier on 9/8/22. (cg) |
| Aug 18, 2022 | 78 | Order on Motion for Reconsideration (2) Docket Text: ORDER Denying [77] Motion for Reconsideration re [75] Order and Reasons, as set forth herein. Signed by Magistrate Judge Janis van Meerveld on 8/18/2022. (ajn) |
| Aug 2, 2022 | 75 | Order on Motion for Leave to File (19) Docket Text: ORDER AND REASONS that Wilcos Motion to Strike [69] is DENIED, and Weeks Marines Motion to Amend [62] is GRANTED. Weeks Marines Amended Final Invalidity Contentions shall be deemed the operative Final Invalidity Contentions. Signed by Magistrate Judge Janis van Meerveld on 8/2/2022. (caa) |
| Aug 2, 2022 | 76 | Memorandum (30) Docket Text: First Amended Final Invalidity Contentions by Weeks Marine, Inc. (caa) |
| Jul 28, 2022 | 74 | Motion Hearing (1) Docket Text: Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Oral Argument was held on 7/28/2022 re [62] MOTION for Leave to File Supplemental Final Invalidity Contentions and in the Alternative Plaintiff's Final Infringement Contentions. ORDERED: The Motion is taken under submission. ORDERED: [69] MOTION to Strike is taken under submission. (Court Reporter Karen Ibos.) (ajn) |
| Jul 25, 2022 | 73 | Reply to Response to Motion (4) Docket Text: REPLY to Response to Motion filed by Wilco Marsh Buggies and Draglines Inc re [69] MOTION to Strike [68] Reply to Response to Motion, MOTION to Find Defendant in Contempt . (Barras, Ian) |
| Jul 22, 2022 | 72 | Response/Memorandum in Opposition to Motion (8) Docket Text: RESPONSE/MEMORANDUM in Opposition filed by Weeks Marine, Inc. re [69] MOTION to Strike [68] Reply to Response to Motion, MOTION to Find Defendant in Contempt . (Leachman, Michael) |
| Jul 18, 2022 | 71 | Order Setting/Resetting Hearing on Motion (2) Docket Text: ORDER: IT IS ORDERED that [70] MOTION to Expedite is GRANTED. Wilco's [69] MOTION to Strike is set for submission with Oral Argument on Thursday, 7/28/2022 at 10:00 AM before Magistrate Judge Janis van Meerveld. IT IS FURTHER ORDERED that Oral Argument on [62] MOTION for Leave to File Supplemental Final Invalidity Contentions is CONTINUED to Thursday, 7/28/2022 at 10:00 AM before Magistrate Judge Janis van Meerveld. Signed by Magistrate Judge Janis van Meerveld on 7/18/2022.(ajn) |
| Jul 15, 2022 | 68 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion filed by Weeks Marine, Inc. re [62] MOTION for Leave to File Supplemental Final Invalidity Contentions MOTION to Strike in the Alternative Plaintiff's Final Infringement Contentions . (Leachman, Michael) |
| Jun 28, 2022 | 66 | Order on Motion to Continue (1) Docket Text: Minute Order for Proceedings held before Magistrate Judge Janis van Meerveld. A video Status Conference was held on 6/28/2022. ORDERED: [63] Motion to Continue is GRANTED; the submission date for [62] MOTION for Leave to File is Continued to 7/20/2022 at 11:00 AM with Oral Argument. Deadlines are set herein. Wilco's [64] Motion to Expedite is DENIED as moot. Signed by Magistrate Judge Janis van Meerveld. (ajn) |
| Jun 27, 2022 | 65 | Order (1) Docket Text: ORDER SETTING STATUS CONFERENCE: IT IS ORDERED that the Status Conference via VIDEO CONFERENCE is set for Tuesday, 6/28/2022 at 4:00 PM before Magistrate Judge Janis van Meerveld. Counsel for all parties shall participate. A Zoom for Government link will be circulated to counsel of record via email. Signed by Magistrate Judge Janis van Meerveld on 6/27/2022.(ajn) |
| May 13, 2022 | 61 | Order on Motion for Reconsideration (1) Docket Text: ORDERED that [56] MOTION for Partial Reconsideration is DENIED. Signed by Judge Carl Barbier. (gec) |
| May 12, 2022 | N/A | Order (0) Docket Text: NOTICE by Clerk re [59] Request/Statement of Oral Argument re [56] MOTION for Partial Reconsideration. Pursuant to Local Rule 78.1, this motion is set for hearing with oral argument on 5/18/2022 09:30 AM before Judge Carl Barbier.(gec) |
| May 11, 2022 | 59 | Request/Statement of Oral Argument (3) Docket Text: Request/Statement of Oral Argument by Weeks Marine, Inc. regarding [56] MOTION for Partial Reconsideration re [54] Order (Leachman, Michael) |
| May 10, 2022 | 58 | Response/Memorandum in Opposition to Motion (9) Docket Text: RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re [56] MOTION for Partial Reconsideration re [54] Order . (Kepper, Stephen) |
| Mar 22, 2022 | 55 | Order (1) Docket Text: NOTICE: Scheduling Conference set for 4/20/2022 02:30 PM before case manager by telephone. Counsel must call into the conference at 1-(877)-848-7030, Access Code 2704006. By Clerk. (gec) |
| Mar 21, 2022 | 54 | Order (18) Docket Text: ORDER AND REASONS - As stated herein, The Court ADOPTS Plaintiff's proposed constructions for "chassis," "amphibious chassis," and "connected to / attached to." (Rec. Doc. 32). The Court FURTHER ADOPTS Defendant's proposed constructions for "pontoon," "spud," and "adapted to laterally support." (Rec. Doc. 35). The Court FURTHER ADOPTS parties' joint proposed constructions (Rec. Doc. 31). Signed by Judge Carl Barbier on 3/21/22.(cg) |
| Mar 11, 2022 | 53 | Order on Motion to Quash (10) Docket Text: ORDER AND REASONS that Weeks Marines [44] Motion to Quash is GRANTED. Signed by Magistrate Judge Janis van Meerveld on 3/11/2022. (caa) |
| Mar 9, 2022 | 52 | Motion Hearing (1) Docket Text: Minute Entry for proceedings held before Magistrate Judge Janis van Meerveld: Motion Hearing held on 3/9/2022 re [44] MOTION to Quash Apex Deposition Subpoenas MOTION for Protective Order Against Apex Deposition Notices filed by Weeks Marine, Inc. The motion is taken under submission. (Court Reporter Cathy Pepper.) (caa) |
| Mar 8, 2022 | 51 | Response/Memorandum in Support of Motion (6) Docket Text: REPLY/MEMORANDUM in Support filed by Weeks Marine, Inc. re [44] MOTION to Quash Apex Deposition Subpoenas and for MOTION for Protective Order Against Apex Deposition Notices. (ajn) |
| Mar 7, 2022 | 50 | Order on Motion for Leave to File (1) Docket Text: ORDER Granting [49] Motion for Leave to File Reply. Signed by Magistrate Judge Janis van Meerveld on 3/7/2022. (ajn) |
| Feb 28, 2022 | 48 | Response/Memorandum in Opposition to Motion (11) Docket Text: RESPONSE/MEMORANDUM in Opposition filed by Wilco Marsh Buggies and Draglines Inc re [44] MOTION to Quash Apex Deposition Subpoenas MOTION for Protective Order Against Apex Deposition Notices . (Kepper, Stephen) |
| Feb 22, 2022 | 47 | Order Setting/Resetting Hearing on Motion (1) Docket Text: ORDER Granting [46] MOTION to Continue Submission Date re [44] MOTION to Quash and for Protective Order. IT IS FURTHER ORDERED that the Submission date and Oral Argument be Continued to 3/9/2022 at 10:00 AM before Magistrate Judge Janis van Meerveld. Please see the Court's website and adhere to COVID requirements for entering the building, specifically General Order No. 21-17 dated 12/20/2021. Signed by Magistrate Judge Janis van Meerveld on 2/22/2022.(ajn) |
| Feb 15, 2022 | 45 | Order Setting/Resetting Hearing on Motion (1) Docket Text: ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on [44] MOTION to Quash and for Protective Order will be held via VIDEO CONFERENCE on Wednesday, 3/2/2022 at 11:00 AM before Magistrate Judge Janis van Meerveld. A link to join the conference will be circulated to counsel of record via email. Signed by Magistrate Judge Janis van Meerveld on 2/15/2022.(ajn) Modified text on 2/16/2022 to correct oral argument date. (ajn). |
| Feb 9, 2022 | 43 | In Camera Hearing (1) Docket Text: Minute Entry for proceedings held before Judge Carl Barbier: Markman Hearing held on 2/9/2022. Tutorial presentations to the Court. ORDERED: TAKEN UNDER ADVISEMENT. FURTHER ORDERED: Motion for Jeffrey Phillips to appear pro hac vice on behalf of Weeks Marine, Inc. (Rec. Doc. 42) is GRANTED. (Court Reporter Karen Ibos.) (cg) |
| Feb 7, 2022 | N/A | Filing Fee Payment - Appear Pro Hac Vice - 100 dollars (0) Docket Text: Duplicate Filing fee paid from Weeks Marine, Inc. re [42] Motion to Appear Pro Hac Vice (Filing fee $ 100 - Receipt No. ALAEDC-9213844) (lag) |
| Jan 25, 2022 | 41 | Order (1) Docket Text: ORDER - Due to conflicts in the Court's schedule, IT IS HEREBY ORDERED that the Markman Hearing scheduled for January 28th, 2022 is CONTINUED to Wednesday, February 9th, 2022, at 9:30 a.m. Signed by Judge Carl Barbier on 1/25/22.(cg) |
| Dec 22, 2021 | 40 | Telephone Conference (1) Docket Text: Minute Entry for proceedings held before Judge Carl Barbier: Telephone Conference held on 12/22/2021. The Court ORDERED that a Markman hearing is set for January 28, 2022 at 9 a.m. The hearing will be limited to oral argument. No new evidence or experts will be allowed. The Court FURTHER ORDERED that parties must exchange any demonstratives they plan to use no later than January 21, 2022. (cg) |
| Dec 21, 2021 | 39 | Status Report (7) Docket Text: JOINT STATUS REPORT by Weeks Marine, Inc. and Wilco Marsh Buggies and Draglines, Inc. (Leachman, Michael) Modified filers on 12/21/2021 (cg). |
| Dec 15, 2021 | 38 | Order (1) Docket Text: ORDER - IT IS HEREBY ORDERED that a telephone status conference shall be held on Wednesday, December 22, 2021 at 10:00 am. Plaintiffs will initiate the call and connect the Court once all parties are connected. By Tuesday, December 21, 2021, parties must submit a brief status report describing the issues which will be discussed. Signed by Judge Carl Barbier on 12/15/21.(cg) |
| Nov 4, 2021 | 34 | Order on Motion to Appear Pro Hac Vice (1) Docket Text: ORDER granting [33] Motion to Appear Pro Hac Vice as to Andrew Scott Harris. Signed by Judge Carl Barbier on 12/4/21. (cg) |
| Aug 12, 2021 | 30 | Order on Motion to Amend/Correct (3) Docket Text: ORDER granting [29] Motion to Amend/Correct Scheduling Order. IT IS FURTHER ORDERED that the Scheduling Order (R. Doc. 26) be amended to extend only the following pre-trial deadlines stated herein. Signed by Judge Carl Barbier on 8/12/21. (cg) |
| Jun 9, 2021 | 28 | Order on Motion to Withdraw (1) Docket Text: ORDER Granting [27] Motion to Withdraw [17] Motion to Compel Discovery. IT IS FURTHER ORDERED that Plaintiff's [17] Motion to Compel Discovery is hereby withdrawn from consideration, without prejudice, and that the hearing on the motion scheduled for 6/11/2021 at 1:00 p.m. before Magistrate Judge Janis van Meerveld is hereby vacated. Signed by Magistrate Judge Janis van Meerveld on 6/9/2021. (ajn) |
| Jun 8, 2021 | 26 | Order (5) Docket Text: ORDER - On May 11, 2021, defendant Weeks Marine, Inc. ("Weeks Marine"), filed its Motion to Modify Scheduling Order to Add Patent Specific Deadlines and to Reset Current Deadlines (Rec. Doc. 16). WHEREAS, on May 25, 2021, plaintiff Wilco Marsh Buggies & Draglines, Inc. ("Wilco") filed its Response to defendant's motion opposing the resetting of current deadlines, in large part based on Wilco's desire to maintain the trial date. IT IS HEREBY ORDERED that the previous Scheduling Order (Rec. Doc. 13) is VACATED and the attached Amended Scheduling Order is APPROVED and ADOPTED. IT IS FURTHER ORDERED that the trial, currently set for February 7, 2022, and the pretrial conference, currently set for January 13, 2022, are CONTINUED to be reset. IT IS FURTHER ORDERED that the Motion to Modify Scheduling Order to Add Patent Specific Deadlines and to Reset Current Deadlines (Rec. Doc. 16) is DENIED AS MOOT and the hearing set for June 8, 2021 on the motion is vacated. IT IS FURTHER ORDERED that, within one (1) week of the Claim Construction Order, the parties shall jointly move the Court to set a status conference for purposes of scheduling a trial date and pre-trial conference. Signed by Judge Carl Barbier on 6/8/21.(cg) |
| Jun 2, 2021 | 24 | Order Setting/Resetting Hearing on Motion (1) Docket Text: ORDER - IT IS HEREBY ORDERED that oral argument on Defendant's Motion to Modify Scheduling Order (Rec. Doc. 16) is CONTINUED to Tuesday, June 8, 2021, at 9:30 a.m. Signed by Judge Carl Barbier on 6/1/21.(cg) |
| May 28, 2021 | 23 | Order Setting/Resetting Hearing on Motion (2) Docket Text: ORDER RESCHEDULING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on [17] MOTION to Compel Discovery is CONTINUED and RESET for Friday, 6/11/2021 at 1:00 PM and shall be held in person before Magistrate Judge Janis van Meerveld in Courtroom B-309, Hale Boggs Building, 500 Poydras Street, New Orleans, Louisiana 70130. The deadline for plaintiff to seek leave to file a reply is continued to 6/7/2021. Signed by Magistrate Judge Janis van Meerveld on 5/28/2021.(ajn) |
| May 27, 2021 | N/A | Correction of Docket Entry by Clerk (0) Docket Text: NOTICE by Clerk re [21] Request/Statement of Oral Argument re [16] MOTION to Modify Scheduling Order. Pursuant to Local Rule 78.1, this motion is set for hearing with oral argument on 6/2/2021 at 9:30 AM before Judge Carl J. Barbier. (cg) |
| May 26, 2021 | 21 | Request/Statement of Oral Argument (3) Docket Text: Request/Statement of Oral Argument by Weeks Marine, Inc. regarding [16] MOTION to Modify Scheduling Order to Add Patent-Specific Deadlines and to Reset Current Deadlines (Leachman, Michael) |
| May 14, 2021 | 18 | Order Setting/Resetting Hearing on Motion (1) Docket Text: ORDER SETTING ORAL ARGUMENT: IT IS ORDERED that Oral Argument on [17] MOTION to Compel Discovery will be held via VIDEO CONFERENCE on Wednesday, 6/2/2021 at 11:00 AM before Magistrate Judge Janis van Meerveld. A link to join the conference will be circulated to counsel of record via email. Signed by Magistrate Judge Janis van Meerveld on 5/14/2021.(ajn) |
| Apr 23, 2021 | 15 | Order on Motion for Protective Order (12) Docket Text: PROTECTIVE ORDER. Signed by Magistrate Judge Janis van Meerveld on 4/23/2021. (ajn) |
| Mar 4, 2021 | 12 | Order (1) Docket Text: NOTICE: Scheduling Conference set for 3/24/2021 02:00 PM before case manager by telephone. Counsel must call into the conference at (877) 848-7030, Access Code 2704006. By Clerk. (gec) |
| Mar 3, 2021 | 11 | Answer to Counterclaim (4) Docket Text: ANSWER to [10] Counterclaim by Wilco Marsh Buggies and Draglines Inc.(Keaty, Thomas) Modified text on 3/3/2021 (cg). |
| Feb 25, 2021 | 10 | Answer to Complaint (26) Docket Text: ANSWER to [1] Complaint,, with Jury Demand , COUNTERCLAIM with Jury Demand against Wilco Marsh Buggies and Draglines Inc by Weeks Marine, Inc..(Leachman, Michael) |
| Feb 5, 2021 | 9 | Order on Motion for Extension of Time to Answer (1) Docket Text: ORDER granting [8] Motion for Extension of Time to Answer as to Weeks Marine, Inc. Answer due 2/25/2021. Signed by Judge Carl Barbier on 2/5/21. (cg) |
| Jan 27, 2021 | 7 | Objections (4) Docket Text: OBJECTION to any Ex Parte Request for Extension of Time to Answer by Wilco Marsh Buggies and Draglines Inc (Kepper, Stephen) Modified text on 1/27/2021 (cg). |
| Jan 25, 2021 | 5 | Summons Returned Executed (2) Docket Text: FILED IN ERROR----SUMMONS Returned Executed; Weeks Marine, Inc. served on 1/20/2021, answer due 2/10/2021. (Latham, Gregory) Modified on 1/25/2021 (cg). |
| Jan 25, 2021 | 6 | Summons Returned Executed (2) Docket Text: SUMMONS Returned Executed; Weeks Marine, Inc. served on 1/14/2021, answer due 2/4/2021. (Latham, Gregory) Modified on 1/25/2021 (cg). |
| Nov 19, 2020 | 3 | AO 120 Report Regarding Patent & Trademark (1) Docket Text: AO 120 Report Regarding Patent & Trademark (lt) |
| Nov 19, 2020 | 4 | Summons Issued (2) Docket Text: Summons Issued as to Weeks Marine, Inc. (lt) |
| Nov 18, 2020 | 1 | Complaint* (1) |
| Nov 18, 2020 | N/A | Initial Case Assignment (0) Docket Text: Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Janis van Meerveld. (aj) |
