The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
|---|
| September 7, 2006 | 1 | COMPLAINT, filed by Soilworks LLC. (Attachments: # 1 Civil Cover Sheet)(Dosek, E) |
| December 31, 1969 | 2 | |
| September 7, 2006 | 3 | Filing fee paid 9/7/06, receipt number PHX047896. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV06-2141-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (PEM) |
| September 11, 2006 | 4 | Summons Issued as to Midwest Industrial Supply Inc. (PEM) |
| September 20, 2006 | 5 | Corporate Disclosure Statement by Soilworks LLC. (Dosek, E) |
| October 5, 2006 | 6 | STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Midwest Industrial Supply Inc. (Attachments: # 1)(Chen, George) |
| October 12, 2006 | 7 |  ORDER re 6 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Midwest Industrial Supply Inc. (Attachments: # 1)(Chen, George) filed by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc answer due 10/12/2006. Signed by Judge David G Campbell on 10/12/06. (NVJ) |
| October 12, 2006 | 8 | MOTION to Dismiss Case by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit Exhibits 1-4# 2 Text of Proposed Order Proposed Order to Motion to Dismiss Plaintiff's Complaint)(Chen, George) |
| October 19, 2006 | 9 | MOTION for Admission Pro Hac Vice as to attorney John P Passarelli on behalf of Soilworks LLC. (BAS, ) |
| November 15, 2006 | 11 | RESPONSE in Opposition re 8 MOTION to Dismiss Case Plaintiff's Memorandum of Law in Opposition to Defendant's Motion to Dismiss filed by Soilworks LLC. (Attachments: # 1 # 2)(Dosek, E) |
| December 4, 2006 | 12 | REPLY to Response to Motion re 8 MOTION to Dismiss Case filed by Midwest Industrial Supply Inc. (Chen, George) |
| March 5, 2007 | 13 | ORDER denying 8 Motion to Dismiss Case. Signed by Judge David G Campbell on 3/5/07.(NVJ) |
| March 19, 2007 | 14 | STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (FIRST REQUEST) by Midwest Industrial Supply Inc. (Attachments: # 1 Text of Proposed Order)(Chen, George) |
| March 23, 2007 | 15 | ORDER re 14 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (FIRST REQUEST) by Midwest Industrial Supply Inc. (Attachments: # 1 Text of Proposed Order)(Chen, George) filed by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc answer due 3/26/2007. Signed by Judge David G Campbell on 3/23/07. (NVJ) |
| March 26, 2007 | 16 | Midwest Industrial Supply Inc.'s ANSWER to Complaint and, COUNTERCLAIM against Soilworks LLC by Midwest Industrial Supply Inc.(Chen, George) |
| March 27, 2007 | 17 | ORDER re Rule 16 Scheduling Conference set for 5/4/2007 at 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 3/27/07. (NVJ) |
| April 9, 2007 | 18 | MOTION for Admission Pro Hac Vice as to attorney Jill A Grinham on behalf of Midwest Industrial Supply Inc. (BAS, ) |
| April 9, 2007 | 20 | MOTION for Admission Pro Hac Vice as to attorney John M Skeriotis on behalf of Midwest Industrial Supply Inc. (BAS, ) |
| April 16, 2007 | 22 | ANSWER/Reply to 16 Counterclaim, COUONTERCLAIM by Counter Defendant Soilworks LLC. (Dosek, E) Modified on 4/17/2007 (SAT). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "REPLY" TO "ANSWER/COUNTERCLAIM". |
| April 17, 2007 | 23 | NOTICE TO FILER OF DEFICIENCY re 22 Reply filed by Soilworks LLC. Description of deficiency: Incorrect document type selected. (SAT) |
| April 27, 2007 | 24 | REPORT re: Rule 26(f) Planning Meeting by Plaintiff Soilworks LLC, Counter Defendant Soilworks LLC, Counter Claimant Soilworks LLC. (Dosek, E) Modified on 4/30/2007 (SAT). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "REPORT" TO "REPORT re: Rule 26(f) Planning Meeting". |
| April 30, 2007 | 25 | NOTICE TO FILER OF DEFICIENCY re 24 Report filed by Soilworks LLC. Description of deficiency: Incorrect document type selected. The correct event is Report re: Rule 26(f) Planning Meeting and it is found in the Other Documents menu. DO NOT RE-FILE. (SAT) |
| May 3, 2007 | 26 | MOTION to Strike re Counterclaims Asserted by Soilworks, LLC by Midwest Industrial Supply Inc. (Attachments: # 1 Memorandum in Support# 2 Proposed Order)(Skeriotis, John) |
| December 31, 1969 | 27 | |
| May 10, 2007 | 28 | CASE MANAGEMENT ORDER: Discovery due by 1/11/2008. Dispositive motions due by 5/9/2008. Signed by Judge David G Campbell on 5/10/07. (LMR, ) |
| May 18, 2007 | 29 | Notice re Rule 26 Initial Disclosures by Midwest Industrial Supply Inc (Skeriotis, John) |
| May 21, 2007 | 30 | RESPONSE in Opposition re 26 MOTION to Strike re Counterclaims Asserted by Soilworks, LLC filed by Soilworks LLC. (Dosek, E) |
| May 22, 2007 | 31 | Notice re Service of Rule 26 Initial Disclosure by Soilworks LLC (Dosek, E) |
| May 22, 2007 | 32 | Notice re Service of Midwest Industrial Supply, Inc.'s First Set of Interrogatories to Soilworks, LLC by Midwest Industrial Supply Inc (Skeriotis, John) |
| May 22, 2007 | 33 | Notice re Service of Midwest Industrial Supply, Inc.'s First Request for Production of Documents and Things to Soilworks, LLC by Midwest Industrial Supply Inc (Skeriotis, John) |
| May 22, 2007 | 34 | ORDER denying 26 Motion to Strike. Signed by Judge David G Campbell on 5/22/07.(NVJ) |
| June 1, 2007 | 35 | Reply re 22 Reply Midwest Industrial Supply, Inc.'s Reply to Soilworks, LLC's Counterclaim and Counterclaim of Midwest Industrial Supply, Inc. by Defendant Midwest Industrial Supply Inc. (Skeriotis, John) |
| June 25, 2007 | 36 | STIPULATION for Extension of Time for Soilworks to Respond to Midwest's Discovery Requests by Soilworks LLC. (Attachments: # 1 Text of Proposed Order Order for Extension of Time for Soilworks to Respond to Midwest's Discovery Requests)(Dosek, E) |
| June 27, 2007 | 37 | ORDER re 36 STIPULATION for Extension of Time for Soilworks to Respond to Midwest's Discovery Requests by Soilworks LLC. (Attachments: # 1 Text of Proposed Order Order for Extension of Time for Soilworks to Respond to Midwest's Discovery Requests)(Dosek, E) filed by Soilworks LLC. Signed by Judge David G Campbell on 6/27/07. (NVJ) |
| July 23, 2007 | 38 | Notice re Notice of Service of Soilworks' Responses to Midwest's First Request for Production of Documents and Things, and Answer to First Set of Interrogatories by Soilworks LLC (Dosek, E) |
| August 13, 2007 | 39 | Notice re Notice of Submission of Stipulated Protective Order by Soilworks LLC, Midwest Industrial Supply Inc (Attachments: # 1 Exhibit Exhibit 1 - Stipulated Protective Order)(Dosek, E) |
| August 28, 2007 | 40 | STIPULATED PROTECTIVE ORDER. Signed by Judge David G Campbell on 8/28/07. (NVJ) |
| October 18, 2007 | 41 | Notice re Notice of Service of First Request for Production of Documents and Things, and First Set of Interrogatories to Midwest Industrial Supply, Inc. by Soilworks LLC (Dosek, E) |
| November 26, 2007 | 42 | RETURN OF SERVICE of Subpoena Duces Tecum served on Spenard Builders, Inc. on 11/12/2007, filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| November 26, 2007 | 43 | Notice re Service of Midwest Industrial Supply, Inc.'s First Set of Request for Admissions to Soilworks, LLC by Midwest Industrial Supply Inc (Skeriotis, John) |
| November 26, 2007 | 44 | Notice re Service of Midwest Industrial Supply, Inc.'s Second Set of Request for Production of Documents and Things to Soilworks, LLC by Midwest Industrial Supply Inc (Skeriotis, John) |
| November 26, 2007 | 45 | Notice re Service of Midwest Industrial Supply, Inc.'s Second Set of Interrogatories to Soilworks, LLC by Midwest Industrial Supply Inc (Skeriotis, John) |
| November 27, 2007 | 46 | Notice re Notice of Service by Soilworks LLC of its Non-Uniform Interrogatories and Request for Production of Documents and Things Upon Midwest Industrial Supply, Inc. (Dosek, E) |
| December 7, 2007 | 47 | REPORT of Joint Report on Settlement Talks by Plaintiff Soilworks LLC, Defendant Midwest Industrial Supply Inc. (Dosek, E) |
| December 7, 2007 | 48 | REPORT of Joint Report on Settlement Talks by Plaintiff Soilworks LLC, Defendant Midwest Industrial Supply Inc. (Dosek, E) |
| December 7, 2007 | 49 | Notice re of Errata by Soilworks LLC (Dosek, E) |
| December 14, 2007 | 51 | SETTLEMENT CONFERENCE ORDER - Settlement Conference set for 1/25/2008 01:30 PM in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Lawrence O Anderson. Signed by Magistrate Judge Lawrence O Anderson on 12/14/07. (SAT) |
| December 31, 2007 | 52 | Notice re Notice of Service by Soilworks LLC Notice of Service of Responses to Midwest's First Set of Request for Admissions, Second Set of Interrogatories, and Second Set of Request for Production (Dosek, E) |
| January 3, 2008 | 53 | First MOTION to Continue and Adjust Date of Settlement Conference Unopposed by Defendant by Soilworks LLC. (Dosek, E) |
| January 4, 2008 | 54 | LODGED Proposed Order Resetting Settlement Conference (First Request) re: 53 First MOTION to Continue and Adjust Date of Settlement Conference Unopposed by Defendant. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Soilworks LLC. (Dosek, E) |
| January 28, 2008 | 56 | STIPULATION Motion to Change Time for Settlement Conference by Midwest Industrial Supply Inc. (Attachments: # 1 Proposed Order)(Skeriotis, John) |
| January 29, 2008 | 57 | ORDER - Pursuant to the 56 STIPULATION to Change Time for Settlement Conference, IT IS HEREBY ORDERED the time set for Settlement Conference shall be changed from 2:00 p.m. 2/27/2008 to 11:00 AM, 2/27/2008 in Courtroom 302, 401 West Washington Street, Phoenix, AZ 85003 before Magistrate Judge Lawrence O Anderson. Signed by Magistrate Judge Lawrence O Anderson on 1/29/08. (SAT) |
| March 2, 2008 | 59 | Joint MOTION for Extension of Time To Extend Case Deadlines by Midwest Industrial Supply Inc. (Skeriotis, John) |
| March 3, 2008 | 60 | Additional Attachments to Main Document re 59 Joint MOTION for Extension of Time To Extend Case Deadlines [Proposed] Order by Defendant Midwest Industrial Supply Inc. (Skeriotis, John) |
| March 5, 2008 | 61 | ORDER denying 59 Motion for Extension of Time. Signed by Judge David G Campbell on 3/5/2008.(NVJ) |
| March 7, 2008 | 62 | Notice re Notice of Service by Soilworks LLC Expert Witness Disclosure (Dosek, E) |
| March 14, 2008 | 63 | MOTION for Reconsideration re Unopposed Request for Reconsideration of the Parties Joint Motion for Extension of Time (ECF Docket No. 59) and Request for Rule 16(a) Scheduling Conference by Midwest Industrial Supply Inc. (Skeriotis, John) |
| March 17, 2008 | 64 | NOTICE of Appearance by Donald L Myles, Jr on behalf of Midwest Industrial Supply Inc, Midwest Industrial Supply Inc (Myles, Donald) |
| March 18, 2008 | 65 | ORDER denying 63 Motion for Reconsideration. Signed by Judge David G Campbell on 3/18/2008.(NVJ) |
| March 25, 2008 | 66 | EX PARTE MOTION Ex Parte Application for Leave to Withdraw by Counter Claimant Midwest Industrial Supply Inc, Defendant Midwest Industrial Supply Inc. (Attachments: # 1 Text of Proposed Order)(Chen, George) MODIFIED TO CORRECT DOCKET TEXT FROM EX PARTE DOCUMENT TO EX PARTE MOTION ON 3/28/08 (MAP) |
| March 26, 2008 | 67 | MOTION for for Order to Include "Synthetic Organic Dust Control" as part of "Midwest's Marks" by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit A: Riverdeep Complaint, # 2 Exhibit B: Westlaw Cases, # 3 Exhibit C - Midwest's Answer's to Plaintiff's Second Set of Interrogatories, # 4 Exhibit D: 071130 Midwest's Settlement Letter, # 5 Exhibit E - Midwest's Settlement Conference Memorandum, # 6 Exhibit F - Excerpts from Deposition of Robert Vitale1, # 7 Exhibit G - U.S. Trademark Registration No. 3,318,243, # 8 Text of Proposed Order)(Skeriotis, John) |
| March 28, 2008 | 68 | ORDER granting 66 Motion to Withdraw as Counsel. That Bryan Cave LLP and attorneys Lawrence G. Scarborough and George C. Chen shall withdraw as counsel for defendant/counterclaimant Midwest Industrial Supply, Inc., effective upon entry of this Order. Signed by Judge David G Campbell on 3/28/08.(MAP) |
| April 14, 2008 | 69 | RESPONSE in Opposition re 67 MOTION for for Order to Include "Synthetic Organic Dust Control" as part of "Midwest's Marks" filed by Soilworks LLC. (Dosek, E) |
| April 14, 2008 | 70 | MOTION for Admission Pro Hac Vice as to attorney Craig A Marvinney on behalf of Midwest Industrial Supply Inc, and counter-claimant Midwest Industrial Supply Inc. (BAS, ) |
| April 21, 2008 | 72 | RETURN OF SERVICE of Subpoena served on Steve Gordner (Spenard Builders Supply) on 4/10/2008, filed by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (Grinham, Jill) |
| April 21, 2008 | 73 | RETURN OF SERVICE of Subpoena served on Steve Hickman (Spenard Builders Supply) on 4/10/2008, filed by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (Grinham, Jill) |
| April 21, 2008 | 74 | RETURN OF SERVICE of Subpoena served on Ribelin Sales on 4/10/2008, filed by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (Grinham, Jill) |
| April 23, 2008 | 75 | RETURN OF SERVICE of Subpoena in a Civil Case served on Earthcare Consultants, LLC on 4/18/2008, filed by Soilworks LLC. (Dosek, E) |
| April 23, 2008 | 76 | Notice re Notice of Service by Soilworks LLC re Supplemental Response to Midwest's First Set of Interrogatories (Dosek, E) |
| April 28, 2008 | 77 | REPLY in Support re 67 MOTION for for Order to Include "Synthetic Organic Dust Control" as part of "Midwest's Marks" filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| May 9, 2008 | 78 | MOTION for Partial Summary Judgment by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (Attachments: # 1 Memorandum in Support of Motion for Partial Summary Judgment)(Grinham, Jill) |
| May 9, 2008 | 79 | MEMORANDUM in Support re 78 MOTION for Summary Judgment by Soilworks LLC, Soilworks LLC. (Attachments: # 1 Supplement Statement of Facts in Support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit Exhibits 1-7 to SOF in Support of Motion for Summary Judgment, # 3 Exhibit Exhibits 7-14 to SOF in Support of Motion for Summary Judgment)(Dosek, E) Modified on 5/12/2008 (SAT). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM "MOTION" TO "MEMORANDUM IN SUPPORT OF". DOCKET TEXT MODIFIED TO CORRECT DOCUMENT LINKAGE. |
| May 9, 2008 | 80 | STATEMENT of Material Facts by Counter Claimant Midwest Industrial Supply Inc, Defendant Midwest Industrial Supply Inc, Counter Defendant Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit List to Midwest's Statement of Material Facts, # 2 Exhibit A - Deposition of Robert Vitale (I), # 3 Exhibit B - Deposition of Robert Vitale (II), # 4 Exhibit C - Declaration of Robert Vitale, # 5 Vitale Declaration (Attachment 1), # 6 Vitale Declaration (Attachment 2), # 7 Vitale Declaration (Attachment 3), # 8 Vitale Declaration (Attachment 4), # 9 Vitale Declaration (Attachment 5), # 10 Vitale Declaration (Attachment 6), # 11 Vitale Declaration (Attachment 7), # 12 Vitale Declaration (Attachment 9), # 13 Vitale Declaration (Attachment 9), # 14 Vitale Declaration (Attachment 10), # 15 Exhibit C - Deposition of Chad Falkenberg, # 16 Chad Falkenberg Deposition (Ex. 12), # 17 Chad Falkenberg Deposition (Ex. 44), # 18 Chad Falkenberg Deposition (Ex. 45), # 19 Chad Falkenberg Deposition (Ex. 48), # 20 Chad Falkenberg Deposition (Ex. 49), # 21 Chad Falkenberg Deposition (Ex. 49), # 22 Chad Falkenberg Deposition (Ex. 53), # 23 Chad Falkenberg Deposition (Ex. 54), # 24 Chad Falkenberg Deposition (Ex. 55), # 25 Chad Falkenberg Deposition (Ex. 56), # 26 Chad Falkenberg Deposition (Ex. 57), # 27 Exhibit E - Dorian Falkenberg Deposition, # 28 Dorian Falkenberg Deposition (Ex. 13), # 29 Exhibit F - Soilworks' Rule 26 Initial Disclosures, # 30 Exhibit G - Soilworks' Responses, # 31 Exhibit H - Midwest's Interrogatories, # 32 Exhibit I - Midwest's First Document Production Request, # 33 Exhibit J - Midwest's Second Document Production Request, # 34 Exhibit K - Declaration of John Skeriotis, # 35 Skeriotis (Attachment A), # 36 Skeriotis Declaration (Attachment B), # 37 Skeriotis Declaration (Attachment C), # 38 Skeriotis Declaration (Attachment D), # 39 Exhibit I - Soilworks' Responses to First Set of Document Requests, # 40 Exhibit M - Soilworks' Responses to Second Document Requests, # 41 Exhibit N - Steve Hickman Deposition, # 42 Exhibit O - Steve Gordner Deposition)(Grinham, Jill) |
| May 13, 2008 | 82 | SEALED LODGED Proposed Midwest's Sealed Statement of Facts re: 81 SEALED MOTION to Seal Document re Midwest's Statement of Material Facts in Support of Its Motion for Partial Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit A - Excerpts of Transcript of Chad Falkenberg Deposition)(Grinham, Jill) |
| May 22, 2008 | 86 | ORDER denying 67 Motion for order. Signed by Judge David G Campbell on 5/22/2008.(NVJ) |
| May 27, 2008 | 87 | CERTIFICATE OF SERVICE by Soilworks LLC Affidavit of Service of Subpoena upon Martin L. Koether, Jr. (Dosek, E) |
| June 11, 2008 | 88 | RESPONSE in Opposition re 79 MOTION for Summary Judgment by Soilworks, LLC filed by Midwest Industrial Supply Inc. (Attachments: # 1 Responsive Statement of Facts, # 2 Exhibit Exhibit A - Excerpts from Vitale Deposition Vol II, # 3 Exhibit Exhibit B - Excerpts from Vitale Deposition Vol. I, # 4 Exhibit Exhibit C - Excerpts from Keven Hurst Deposition, # 5 Exhibit Exhibit D(1) - Excerpts from Chad Falkenberg Deposition Vol. I, # 6 Exhibit Exhibit D(2) - Excerpts from Chad Falkenberg Deposition Vol. I (w/Exhibits 8 and 41), # 7 Exhibit Exhibit E - Soilworks' Expert Disclosure, # 8 Exhibit Exhibit F - Declaration of Robert Vitale, # 9 Exhibit Exhibit G - Excerpts of Steve Hickman Deposition, # 10 Exhibit Exhibit H - Excerpts of Steve Gordner Deposition)(Skeriotis, John) |
| June 12, 2008 | 89 | RESPONSE in Opposition re 78 MOTION for Partial Summary Judgment filed by Soilworks LLC. (Attachments: # 1 Exhibit 1 Google search "Soiltac", # 2 Exhibit 2 Google search "soilworks", # 3 Exhibit 3 Portions of C. Falkenberg Depo, # 4 Exhibit 4 Dictionary meaning of Synthetic, # 5 Exhibit 5 Declaration of C. Falkenberg, # 6 Exhibit 6 Passarelli letter dated July 18, 2006)(Dosek, E) |
| June 12, 2008 | 90 | SUPPLEMENT of Plaintiff's Response and Objections to Midwest's Statement of Facts in Support of its Motion for Partial Summary Judgment re 80 Statement,,,,,,,, by Plaintiff Soilworks LLC. (Dosek, E) |
| June 30, 2008 | 91 | REPLY in Support re 78 MOTION for Partial Summary Judgment filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| June 30, 2008 | 92 | REPLY to Response to Motion re 79 MOTION for Summary Judgment filed by Soilworks LLC, Soilworks LLC. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Dosek, E) |
| August 1, 2008 | 93 | RETURN OF SERVICE of Subpoena in a Civil Case served on Deponent: Todd Hawkins on 7/29/2008, filed by Soilworks LLC. (Dosek, E) |
| August 7, 2008 | 94 | ORDER granting in part and denying in part 78 Motion for Partial Summary Judgment. A final pretrial conference will be set by separate order. Signed by Judge David G Campbell on 8/7/2008.(NVJ) |
| August 7, 2008 | 95 | ORDER re Final Pretrial Conference set for 10/8/2008 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Motions in limine due by 9/17/2008; responses due 9/24/2008; no replies permitted. Proposed Pretrial Order due by 9/17/2008. Signed by Judge David G Campbell on 8/7/2008. (NVJ) |
| August 19, 2008 | 97 | MOTION to Amend/Correct re Clarification of August 7, 2008 Order by Midwest Industrial Supply Inc. (Attachments: # 1 Text of Proposed Order Clarifying August 7, 2008 Order)(Skeriotis, John) |
| September 5, 2008 | 98 | ORDER granting 97 Motion to Amend/Correct. Signed by Judge David G Campbell on 9/5/2008.(NVJ) |
| September 5, 2008 | 99 | NOTICE OF INTERLOCUTORY APPEAL to the United States Court of Appeals for the Ninth Circuit by Jonathan Lee Riches (not a party to this case). (Motion to Intervene was never filed) (TLJ) |
| September 9, 2008 | 100 | Notice of Appeal Notification Form; Notice of Appeal and copy of docket sheet transmitted to Ninth Circuit and all parties re 99 Notice of Appeal - Interlocutory. (TLJ) |
| September 17, 2008 | 101 | MOTION in Limine to Limit Soilworks, LLC's Evidence of Midwest's Alleged False Advertising to the Four Documents Produced by Soilworks during Discovery by Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit Soilworks' Responses to Midwest's Document Production Requests)(Bautista, Jill) |
| September 17, 2008 | 102 | MOTION in Limine to Exclude Testimony and Evidence Offered by Soilworks by Soilworks related to Certain Elements of Soilworks' False Advertising Claim by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit Exhibits A, B, C, D)(Bautista, Jill) |
| September 17, 2008 | 103 | MOTION in Limine to Bar Evidence Concerning Soilworks' Costs by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit (Soilworks' Responses to Midwest's Document Production Requests))(Bautista, Jill) |
| September 17, 2008 | 104 | MOTION in Limine to Bar Testimony and Evidence Offered by Soilworks regarding the Validity or Construction of Midwest's Patents by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit (Soilworks' Response to Midwest's First Set of Interrogatories))(Bautista, Jill) |
| September 17, 2008 | 105 | MOTION in Limine to Bar Evidence regarding Any Legal Advice Soilworks may have Received Concerning Midwest's Patents by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit A - Soilworks' Responses to Midwest's First Set of Interrogatories, # 2 Exhibit B - Soilworks' Responses to Midwest's Document Production Requests)(Bautista, Jill) |
| September 17, 2008 | 106 | MOTION in Limine to Bar Testimony and Evidence regarding the Composition of Durasoil and Soilworks' Other Products by Midwest Industrial Supply Inc. (Bautista, Jill) |
| September 17, 2008 | 107 | MOTION in Limine to Bar Testimony and Evidence of Liability Insurance by Midwest Industrial Supply Inc. (Bautista, Jill) |
| September 17, 2008 | 108 | MOTION in Limine re: To Exclude Evidence of its Sales of Durasoil by Soilworks LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Dosek, E) |
| September 17, 2008 | 109 | MOTION in Limine re: To Exclude Evidence of its Sales of Soiltac and Gorilla Snot by Soilworks LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Dosek, E) |
| September 17, 2008 | 110 | MOTION in Limine re: Bar Evidence Regarding Innocent Trademark Infringement of the Mark SOIL-SEMENT filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| September 19, 2008 | 111 | Notice re Stipulated Description of the Case by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc (Dosek, E) |
| September 19, 2008 | 112 | Proposed Findings of Fact by Midwest Industrial Supply Inc. (Bautista, Jill) |
| September 19, 2008 | 113 | Proposed Verdict Form by Midwest Industrial Supply Inc. (Bautista, Jill) |
| September 19, 2008 | 114 | Proposed Voir Dire by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc. (Dosek, E) |
| September 19, 2008 | 115 | Proposed Verdict Form by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 19, 2008 | 116 | Notice of Filing Proposed Pretrial Order filed by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc (Dosek, E) |
| September 19, 2008 | 117 | Exhibit List of Soilworks LLC and Midwest Industrial Supply by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc.. (Dosek, E) |
| September 19, 2008 | 118 | Proposed Jury Instructions by Soilworks LLC, Midwest Industrial Supply Inc, Soilworks LLC, Midwest Industrial Supply Inc. (Dosek, E) |
| September 24, 2008 | 119 | RESPONSE in Opposition re 108 MOTION in Limine re: To Exclude Evidence of its Sales of Durasoil filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| September 24, 2008 | 120 | RESPONSE in Opposition re 109 MOTION in Limine re: To Exclude Evidence of its Sales of Soiltac and Gorilla Snot filed by Midwest Industrial Supply Inc. (Skeriotis, John) |
| September 24, 2008 | 121 | RESPONSE in Opposition re 101 MOTION in Limine to Limit Soilworks, LLC's Evidence of Midwest's Alleged False Advertising to the Four Documents Produced by Soilworks during Discovery filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 122 | RESPONSE in Opposition re 102 MOTION in Limine to Exclude Testimony and Evidence Offered by Soilworks by Soilworks related to Certain Elements of Soilworks' False Advertising Claim filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 123 | RESPONSE in Opposition re 103 MOTION in Limine to Bar Evidence Concerning Soilworks' Costs filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 124 | RESPONSE in Opposition re 105 MOTION in Limine to Bar Evidence regarding Any Legal Advice Soilworks may have Received Concerning Midwest's Patents filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 125 | RESPONSE in Opposition re 106 MOTION in Limine to Bar Testimony and Evidence regarding the Composition of Durasoil and Soilworks' Other Products filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 126 | RESPONSE to Motion re 107 MOTION in Limine to Bar Testimony and Evidence of Liability Insurance filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| September 24, 2008 | 127 | RESPONSE in Opposition re 104 MOTION in Limine to Bar Testimony and Evidence Offered by Soilworks regarding the Validity or Construction of Midwest's Patents filed by Soilworks LLC, Soilworks LLC. (Attachments: # 1 Exhibit 1)(Dosek, E) |
| September 24, 2008 | 128 | RESPONSE in Opposition re 110 MOTION in Limine re: Bar Evidence Regarding Innocent Trademark Infringement of the Mark SOIL-SEMENT filed filed by Soilworks LLC, Soilworks LLC. (Attachments: # 1 Exhibit 1)(Dosek, E) |
| October 9, 2008 | 129 | MANDATE of 9th Circuit (Certified Copy), because the appeals are so insubstantial as to not warrant further review, they shall not be permitted to proceed. A copy of this order served on the district court for the District of Arizona shall constitute the mandate of this court. No motions for reconsideration, rehearing, clarification, stay of the mandate, or any other submissions shall be filed or entertained in this closed docket. Case number 08-80044, as to 99 Notice of Appeal - Interlocutory filed by Jonathan Lee Riches (KMG, ) |
| October 9, 2008 | 130 | Additional Attachments to Main Document (NDA - Notice of Docket Activity) re 129 Mandate of 9th Circuit. (KMG, ) |
| October 10, 2008 | 131 | TRANSCRIPT DESIGNATION AND ORDER FORM by Soilworks LLC, Soilworks LLC for proceedings held on 10/09/08 before Judge David G. Campbell. (Dosek, E) |
| October 13, 2008 | 133 | Transcript Order Form for October 9, 2008 Pretrial Hearing Transcript by Midwest Industrial Supply Inc (Marvinney, Craig) Modified on 10/14/2008 (LAD). INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM NOTICE TO TRANSCRIPT ORDER FORM. |
| October 16, 2008 | 134 | ORDER granting 101 Motion in Limine; granting in part and denying in part 102 Motion in Limine; granting 103 Motion in Limine; granting 104 Motion in Limine; denying 105 Motion in Limine; granting 106 Motion in Limine; granting 107 Motion in Limine; denying 108 Motion in Limine; denying 109 Motion in Limine; denying 110 Motion in Limine. Trial in this matter will begin on 1/20/2009 at 8:30 a.m.; final conference will be held on 1/15/2009 at 4:00 pm. Signed by Judge David G Campbell on 10/16/2008.(NVJ, ) |
| October 16, 2008 | 135 | ORDER re additional briefing due 1/9/2009. Signed by Judge David G Campbell on 10/16/2008. (NVJ) |
| October 22, 2008 | 136 | TRANSCRIPT of Proceedings re: Final Pretrial Conference held on 10/9/08 before Judge David G Campbell. Court Reporters: Gary Moll and Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2008. Redacted Transcript Deadline set for 11/24/2008. Release of Transcript Restriction set for 1/20/2009. (BAS, ) |
| October 22, 2008 | 137 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT (BAS, ) |
| October 23, 2008 | 138 | MOTION for Admission Pro Hac Vice as to attorney Anastasia Wade on behalf of Midwest Industrial Supply Inc, Midwest Industrial Supply Inc. (BAS, ) |
| January 9, 2009 | 144 | MEMORANDUM re: Court's October 16, 2008 Order by Counter Claimant Midwest Industrial Supply Inc, Defendant Midwest Industrial Supply Inc, Counter Defendant Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit A - Registration for U.S. Patent No. 7,074,266, # 2 Exhibit B - Registration for U.S. Patent No. 7,081,270, # 3 Exhibit C - Claim Construction Chart for U.S. Patent No. 7,074,266, # 4 Exhibit D - Claim Construction Chart for U.S. Patent No. 7,081,270, # 5 Exhibit E - Recent Trademark Cases)(Skeriotis, John) |
| January 9, 2009 | 145 | Proposed Verdict Form by Midwest Industrial Supply Inc. (Skeriotis, John) |
| January 9, 2009 | 146 | MEMORANDUM re: Soilworks' Pretrial Memorandum by Plaintiff Soilworks LLC. (Attachments: # 1 Exhibit 1 Report of Analysis)(Dosek, E) |
| January 9, 2009 | 147 | Proposed Jury Instructions by Soilworks LLC, Midwest Industrial Supply Inc. (Dosek, E) |
| January 9, 2009 | 148 | Proposed Verdict Form by Soilworks LLC. (Dosek, E) |
| January 20, 2009 | 149 | SUPPLEMENT of Proposed Jury Instructions re 118 Proposed Jury Instructions by Defendant Midwest Industrial Supply Inc. (Wade, Anastasia) |
| January 30, 2009 | 150 | NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 2/17/2009 as to Midwest Industrial Supply Inc. (LMR) |
| January 31, 2009 | 151 | Corporate Disclosure Statement by Midwest Industrial Supply Inc. (Skeriotis, John) |
| February 20, 2009 | 152 | OBJECTION to Midwest Industrial Supply, Inc.'s Supplemental Proposed Jury Instruction filed by Soilworks LLC, Soilworks LLC. (Dosek, E) |
| February 25, 2009 | 153 | MOTION to Supplement to Add Exhibit and Witness to Final Pretrial Order by Soilworks LLC. (Attachments: # 1 Exhibit 1: Report of Analysis, # 2 Exhibit 2: Midwest's Infringement Claim Timeline, # 3 Exhibit 3: Pretrial Hearing Transcript of 10/9/08, # 4 Exhibit 4: Hawkins Deposition Transcript, # 5 Exhibit 5: Vitale 30(b)(6) Deposition Transcript, # 6 Exhibit 6: Detloff Deposition Transcript)(Dosek, E) |
| March 11, 2009 | 154 | RESPONSE in Opposition re 153 MOTION to Supplement to Add Exhibit and Witness to Final Pretrial Order and Motion in Limine to Prevent Evidence and Testimony of the Same filed by Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit A- Claims Chart for '266 Patent, # 2 Exhibit B - Claims Chart for '270 Patent, # 3 Exhibit C - Midwest's Answer to Soilworks' Second Set of Interrogatories, # 4 Exhibit D - Deposition of Robert Vitale and Exhibits, # 5 Exhibit E - Transcript of Final Pretrial Conference, # 6 Exhibit G - Expert Report of Dr. Funk)(Wade, Anastasia) |
| March 11, 2009 | 155 | SUPPLEMENT of Soilworks LLC's Supplement to the Parties' Proposed Final Pretrial Order (Dkt. #116) re 116 Notice of Filing Proposed Pretrial Order by Plaintiff Soilworks LLC. (Dosek, E) |
| March 11, 2009 | 156 | MOTION to Seal Document re Deposition of Chad Falkenberg in Support of Opposition to Soilworks, LLC's Untimely Winess and Report by Midwest Industrial Supply Inc. (Attachments: # 1 Text of Proposed Order)(Wade, Anastasia) |
| March 16, 2009 | 160 | ORDER granting 156 Motion to File Exhibit Under Seal. Signed by Judge David G Campbell on 3/13/09.(MAP) |
| December 31, 1969 | 162 | |
| March 16, 2009 | 163 | SEALED Minute Entry. Proceedings held before Judge David G Campbell on 3/16/2009. (Court Reporter Patricia Lyons.) (cc: Dosek/Marvinney/CD)(MAP) |
| March 27, 2009 | 164 | Mail Returned as Undeliverable. Mail sent to Johnathan Lee Riches. Reason for return: Return to Sender. Not Deliverable as addressed. Unable to Forward. Document number 160. (HLA) |
| April 6, 2009 | 165 | STIPULATION of Dismissal by Soilworks LLC, Midwest Industrial Supply Inc. (Wade, Anastasia) |
| April 16, 2009 | 166 | ORDER Any and all claims of any sort that were raised in the instant action, by any and/or all parties in this action, are dismissed with prejudice. Pla Soilworks, LLC and Dft Midwest Industrial Supply, Inc. further stipulate to the entry of this Order by the Court dismissing this action in its entirety, with prejudice. Each party shall bear its own costs and attys' fees. The Clerk is directed to terminate this matter. Signed by Judge David G Campbell on 04/16/09. (ESL) |
| December 31, 1969 | 174 | |
| December 31, 1969 | 180 | |
| December 31, 1969 | 182 | |
| December 31, 1969 | 185 | |
| December 31, 1969 | 195 | |
| December 31, 1969 | 198 | |
| December 31, 1969 | 200 | |
| December 31, 1969 | 201 | |
| December 31, 1969 | 205 | |
| December 31, 1969 | 206 | |
| December 31, 1969 | 216 | |
| December 31, 1969 | 220 | |
| December 31, 1969 | 233 | |
| December 31, 1969 | 316 | |
| December 31, 1969 | 358 | |
