Plaintiff Midwest Industrial Supply, Inc. alleged that Defendant Soilworks, LLC infringed its trademark, violated the Lanham Act and engaged in unfair competition.
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Date Filed
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#
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Docket Text
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| June 6, 2008 |
1
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Complaint with jury demand against Soilworks, LLC. Filing fee $ 350, receipt number 06470000000003050198, filed by Midwest Industrial Supply, Inc.. (Attachments: # 1 Exhibit 1 - US Trademark Registration for Synthetic Organic Dust Control.pdf, # 2 Civil Cover Sheet, # 3 Summons to Soilworks) (Skeriotis, John)
(Entered: June 6, 2008)
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| June 6, 2008 |
2
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Corporate Disclosure Statement by Midwest Industrial Supply, Inc. filed by Midwest Industrial Supply, Inc.. (Skeriotis, John) (Entered: June 6, 2008)
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| June 6, 2008 |
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Judge Solomon Oliver, Jr. assigned to case. (M,TL) (Entered: June 6, 2008)
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| June 6, 2008 |
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman Jr. (M,TL) (Entered:
06/06/2008)
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| June 6, 2008 |
3
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Summons and Magistrate Consent Form issued for service upon Soilworks, LLC. (Attachments: # 1 Magistrate Consent Form) (M,TL)
(Additional attachment(s) added on 6/6/2008: # 2 Summons) (M,TL). (Entered: June 6, 2008)
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| June 20, 2008 |
4
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Return of Service Executed upon Soilworks, LLC by Certified Mail on June 13, 2008 filed on behalf of Midwest Industrial Supply, Inc. (Skeriotis, John) (Entered: June 20, 2008)
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| July 3, 2008 |
5
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Corporate Disclosure Statement by Soilworks, LLC filed by Soilworks, LLC. (Ratliff, Elizabeth) (Entered: July 3, 2008)
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| July 3, 2008 |
6
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Motion to dismiss , or in the Alternative, Motion to Transfer Venue to the U.S. District Court for the District of Arizona and Consolidate and Memorandum in Support filed by
Defendant Soilworks, LLC. (Attachments: # 1 Exhibit A, # 2
Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ratliff, Elizabeth) Modified text on 7/7/2008 (B,B). (Entered: July 3, 2008)
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| July 11, 2008 |
7
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Notice of Magistrate Consent form (D,M) (Entered: July 11, 2008)
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| July 11, 2008 |
8
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Case Management Conference Scheduling Order with case management conference to be held on 8/15/2008 at 01:00 PM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge
Solomon Oliver, Jr on 7/11/2008. (D,M) (Entered: July 11, 2008)
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| July 11, 2008 |
9
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Unsigned Motion for attorney E. Scott Dosek to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003103404, filed by Defendant Soilworks, LLC. (Attachments: #
1 Declaration of E. Scott Dosek, # 2 Proposed Order)(Ratliff,
Elizabeth) Modified text on 7/14/2008 (B,B). (Entered: July 11, 2008)
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| July 16, 2008 |
10
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Declaration of E. Scott Dosek filed by Soilworks, LLC. Related document(s) 9 . (Ratliff, Elizabeth) Modified text on
7/16/2008 (B,B). (Entered: July 16, 2008)
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| July 22, 2008 |
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Order [non-document] granting Motion for appearance pro hac vice by attorney E. Scott Dosek for Soilworks, LLC. (Related Doc # 9 ) Approved by Judge Solomon Oliver, Jr.on 7/22/08.(K,K) (Entered: July 22, 2008)
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| August 4, 2008 |
11
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Motion to continue and Excuse Defendant's Attendance at the Case Management Conference filed by Defendant Soilworks, LLC. Related document(s) 8 . (Attachments: # 1 Proposed Order to Continue Case Management
Conference)(Dosek, E.) (Entered: August 4, 2008)
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| August 7, 2008 |
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Order [non-document] denying Defendant's Motion to Continue (Related Doc # 11 ). Soilworks, LLC may participate through
local counsel. Court will not require a representative from Soilworks, LLC to appear in person. Judge Solomon Oliver, Jr on 8/7/2008.(D,M) (Entered: August 7, 2008)
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| August 7, 2008 |
12
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Opposition to 6 Motion to Dismiss, or in the Alternative, Motion to Transfer Venue and Consolidate and, in the Alternative,
Motion for Additional Time to Conduct Discovery filed by Midwest Industrial Supply, Inc. (Attachments: # 1 Exhibit 1 -
Purchase Orders from Soilworks, # 2 Exhibit 2 - Credit Applications and Reports from Soilworks, # 3 Exhibit 3 - Emails, Faxes, and Contact Sheets from Soilworks, # 4
Exhibit 4 - Declaration of Anastasia J. Wade and attached Exhibit) (Skeriotis, John) Modified text on 8/8/2008 (S,He). (Entered: August 7, 2008)
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| August 12, 2008 |
13
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Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by Soilworks, LLC. (Ratliff, Elizabeth) (Entered: August 12, 2008)
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| August 20, 2008 |
14
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Case Management Order/Minutes of Case Management Conference held on 8/15/2008. Case is assigned to the standard track. Parties will exchange pre-discovery disclosures by 9/22/2008.
Discovery due by 4/30/2009. Parties to be Joined and Pleading Amendments due by 10/15/2008. Discovery cut-off date for experts is 6/30/2009. Dispositive Motions due by 8/3/2009. Signed by
Judge Solomon Oliver, Jr on 8/18/2008. (D,M) (Entered: August 20, 2008)
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| August 21, 2008 |
15
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Notice of Supplemental Authority for its opposition to Soilworks, LLC's alternative motion to transfer venue and consolidate. Related document(s) 6 , 12 . (Attachments: # 1 Exhibit A Order Granting in Part and Denying in Part Motion for Partial SJ, # 2 Exhibit B: Order Setting Final Pretrial Conference)(Skeriotis, John) Modified text and links on 8/21/2008 (B, B). (Entered:
08/21/2008)
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| August 25, 2008 |
16
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Reply to response to 6 Motion to dismiss , or in the Alternative, Motion to Transfer Venue and
Consolidate filed by Soilworks, LLC. (Attachments: # 1 Exhibit 1 -Midwest's Natiowide Locations, # 2 Exhibit 2 - June 8, 2006 letter, # 3 Exhibit 3 - July 18, 2006 letter,
# 4 Exhibit 4 - August 8, 2006 letter, # 5 Exhibit 5 - Marketing
Materials, # 6 Exhibit 6 - Midwest's Products)(Dosek, E.) Modified text on 8/26/2008 (B,B). (Entered: August 25, 2008)
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| September 4, 2008 |
17
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Motion for leave to File Instanter a Sur-Reply in Further Support if its Opposition to Defendant's Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue filed
by Plaintiff Midwest Industrial Supply, Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Sur-Reply in Support of its Opposition
to Defendant's Motion to Dismiss)(Skeriotis, John) (Entered: September 4, 2008)
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| September 5, 2008 |
18
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Opposition to 17 Motion for leave to File Instanter a Sur-Reply in Further Support if its Opposition to
Defendant's Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue filed by Soilworks, LLC. (Dosek, E.) (Entered: September 5, 2008)
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| March 31, 2009 |
19
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Order of Case Dismissal. Counsel has notified this court that this matter has settled. The parties must submit a dismissal entry to the court within 21 days of the date of this
order. The court retains jurisdiction to vacate this Order to reopen the action upon cause shown that settlement has not been completed and further litigation is necessary. Signed by
Judge Solomon Oliver, Jr on 3/31/2009. (D,M) (Entered: March 31, 2009)
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| April 7, 2009 |
20
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Stipulated Notice of Dismissal Under FRCP 41(a) filed by all parties. (Skeriotis, John) Modified text on 4/13/2009 (B,B). (Entered: April 7, 2009)
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| April 10, 2009 |
21
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Stipulation & Order of case dismissal. Signed by Judge Solomon Oliver, Jr on 4/10/2009. (Related doc 20 ) (D,M)
Modified to create link on 4/13/2009 (B, B). (Entered: April 10, 2009)
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