Case details

Court: alsd
Docket #: 1:94-cv-00652
Case Name: Allison Boats, Inc., et al v. Creech, et al
PACER case #: 19073
Date filed: 1994-08-30
Date terminated: 1995-07-27
Assigned to: Senior Judge Charles R. Butler, Jr
Referred to: Magistrate Judge William H. Steele (MJ)
Case Cause: 15:1051 Trademark Infringement
Nature of Suit: 830 Patent
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Allison Boats, Inc.
Plaintiff
Larry U. Sims
Sims, Graddick & Dodson, P.C. P.O. Box 1908 Mobile, AL 36633-1908 (334) 690-9300 Fax: 2516909311
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd S. Strohmeyer
Maloney and Strohmeyer 601 Church Street Mobile, AL 36602 (251) 433-4440 Fax: 2514335636 Email: tss@maloneystrohmeyer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Darris Allison
Plaintiff
Larry U. Sims
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Todd S. Strohmeyer
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Creech
Defendant
Michael Creech
P. O. Box 171 Point Clear, AL 36564 PRO SE

Michael Shane Creech
Defendant
J. Thomas Smitherman , Jr.
P. O. Box 1002 Fairhope, AL 36533 (334) 928-6101
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Donnie Estes
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1994-08-30 1 0 COMPLAINT filed; FILING FEE $ 120.00 RECEIPT # 12307 (adk) (Entered: 08/31/1994)
1994-08-30 2 0 MOTION by Allison Boats, Inc., Darris Allison for Temporary Restraining Order (adk) (Entered: 08/31/1994)
1994-08-30 3 0 ORDER granting [2-1] motion for Temporary Restraining Order, set Show Cause Deadline for 2:00 9/6/94 for plaintiff to show why preliminary injunction should not be issued Copies mailed 8/31/94 ( signed by Chief Judge Charles R. Butler Jr. ) (adk) (Entered: 08/31/1994)
1994-08-31 4 0 ORDER entered that the U. S. M. accompany plaintiff to serve the tro. Plaintiff shall make arrangements with USM. Copies mailed 8/31/94. Plaintiff's atty picked up cert. copy ( signed by Chief Judge Charles R. Butler Jr. ) (adk) (Entered: 08/31/1994)
1994-08-31 5 0 SUMMONS(ES) issued for Michael Creech and given to plaintiff's attorney for service (adk) (Entered: 08/31/1994)
1994-08-31 6 0 AFFIDAVIT of PHILIP C. BOND by Allison Boats, Inc., Darris Allison. (dktclerk) (Entered: 09/06/1994)
1994-09-01 7 0 BOND in amount of $5,000.00 for temporary restraining order entered by Allison Boats, Inc., Darris Allison (dktclerk) (Entered: 09/06/1994)
1994-09-06 8 0 ORDER, reset Preliminary Injunction Hearing Deadline for 10:00 9/16/94 before Chief Judge Charles R. Butler Jr. The USM shall serve a copy of this order on defendant Michael Creech at Highway 32, Marlow Road, Fairhope, Alabama. Plaintiff shall bear the cost of service. Copy to USM and all parties of record 9/6/94 ( signed by Chief Judge Charles R. Butler Jr. ) (adk) (Entered: 09/06/1994)
1994-09-07 9 0 RETURN OF SERVICE of complaint, TRO motion & orders, executed as to Michael Creech 9/1/94. Answer due on 9/21/94 for Michael Creech (dktclerk) (Entered: 09/16/1994)
1994-09-07 10 0 RETURN OF SERVICE of TRO & Order executed as to Michael Creech on 9/7/94 (dktclerk) (Entered: 09/16/1994)
1994-09-16 11 0 ORDER that this matter came before Court for hearing on plaintiff's motion for preliminary injunction. Attorney Langford Floyd appeared on behalf of defendant. Parties agreed that no hearing would be necessary & that the tro entered 8/30/94, & amended & extended by order dated 9/6/94, shall be converted to a prelilminary injunction & remain in effect until this matter is resolved by parties or by a trial on the merits; copies mailed 09/19/94; ( signed by Chief Judge Charles R. Butler Jr. ) (dktclerk) (Entered: 09/19/1994)
1994-09-20 12 0 NOTICE of attorney appearance for Michael Creech by J. Langford Floyd (adk) (Entered: 10/06/1994)
1994-11-08 13 0 ANSWER to Complaint by Michael Creech (Attorney ), (adk) (Entered: 11/09/1994)
1994-11-10 14 0 ORDER on Rule 16 entered Refer for Scheduling Order on 1/9/95 ; Report of Parties Planning Meeting due 1/4/95 ; (adk) (Entered: 11/10/1994)
1994-12-21 15 0 REPORT of Planning Meeting filed by parties. (adk) (Entered: 12/27/1994)
1995-01-03 16 0 DISCOVERY ORDER setting Discovery Deadline set at 6/9/95 ; Amendments to Pleadings due 4/6/95 ; Motion filing deadline is 7/9/95 ; Copies mailed 12/4/95 ( signed by Mag. Judge William H. Steele ) (adk) (Entered: 01/05/1995)
1995-03-15 17 0 MOTION by Allison Boats, Inc., Darris Allison for Settlement Conference (adk) (Entered: 03/16/1995)
1995-03-22 18 0 ORDER granting [17-1] motion for Settlement Conference. The Clerk is directed to refer this file to Magistrate Judge Steele for the scheduling of a settlement conference. Copies mailed 3/22/95 ( signed by Chief Judge Charles R. Butler Jr. ) (adk) (Entered: 03/22/1995)
1995-03-23 19 0 ORDER, set Settlement Conference for 9:30 4/18/95 ( signed by Mag. Judge William H. Steele ) (adk) (Entered: 03/24/1995)
1995-03-23 20 0 MOTION by Allison Boats, Inc., Darris Allison to Amend [1-1] complaint (adk) (Entered: 03/28/1995)
1995-03-29 21 0 NOTICE entered, endorsed motion granting [20-1] motion to Amend [1-1] complaint ( signed by Chief Judge Charles R. Butler Jr. ) (adk) (Entered: 03/30/1995)
1995-03-29 22 0 AMENDED COMPLAINT by Allison Boats, Inc., Darris Allison , (Answer due 4/8/95 for Donnie Estes, for Michael Shane Creech ) amending [1-1] complaint (adk) (Entered: 03/30/1995)
1995-03-30 23 0 SUMMONS(ES) issued for Michael Shane Creech, Donnie Estes (adk) (Entered: 03/30/1995)
1995-04-18 24 0 ORDER TO SHOW CAUSE: Show Cause Deadline set for 4/28/95 for Michael Shane Creech, for Michael Creech. Copies mailed 4/19/95 ( signed by Mag. Judge William H. Steele ) (adk) (Entered: 04/18/1995)
1995-05-24 25 0 Pre-trial conference set at 9:00 6/23/95 before Chief Judge Charles R. Butler Jr.; copy of Judge Butler's pre-trial order mailed this date. (dktclerk) (Entered: 05/24/1995)
1995-05-30 26 0 ORDER that dft has failed to appear bfr Mag/Judge for a settlement conf & since this is not the first time dft has failed to appear at a court proceeding any further failure to comply w/court orders will result in appropriate Sanctions ( signed by Chief Judge Charles R. Butler Jr. 5/29/95 ) (srr) (Entered: 05/30/1995)
1995-06-09 27 0 MOTION by Allison Boats, Inc., Darris Allison to Compel Michael Creech to answer discovery referred to MJ Steele 6/12/95 (adk) (Entered: 06/12/1995)
1995-06-13 28 0 ORDER, set deadline for 6/19/95 for Defendant Michael Creech to answer interrogatories Copies mailed 6/13/95 ( signed by Mag. Judge William H. Steele ) (adk) (Entered: 06/13/1995)
1995-06-23 29 0 ANSWER to Amended Complaint by Michael Creech, Michael Shane Creech (adk) (Entered: 06/23/1995)
1995-06-23 30 0 PRETRIAL ORDER entered., set Bench Trial for 9:00 7/27/95 ( signed by Chief Judge Charles R. Butler Jr. ) (dktclerk) (Entered: 06/28/1995)
1995-06-23 31 0 ORDER entered after p/t conference this date that defendant Donnie Estes has not been served & plaintiff's counsel indicated he intends to dismiss as to def. Estes. ORDERED as follows: 1.) Trial will commence on Thursday, 7/27/95; 2.) Parties will continue to engage in settlement negotiations. If no settlement is reached within 1 week, Court will, upon request of either party, refer matter to MJ Steele for settlement conference; 3.) Michael Creech explained to Court he did not attend settlement conference previously scheduled before Mag. Steele because he had not received notice & also informed Court the zip code used by the Clerk on notices mailed to him was incorrect. Now that defendant's zip code has been corrected & he is represented by counsel, the Court expects his attendance at all future court proceedings; copies mailed 6/28/95; ( signed by Chief Judge Charles R. Butler Jr. ) (dktclerk) (Entered: 06/28/1995)
1995-07-11 32 0 ORDER, set Settlement Conference for 9:00 7/24/95 before M/J Steele , set Brief deadline to 5:00 7/20/95 for parties to file a settlement conference report Copies mailed 7/11/95 ( signed by Mag. Judge William H. Steele ) (adk) (Entered: 07/11/1995)
1995-07-25 33 0 NOTICE of voluntary dismissal (adk) (Entered: 07/31/1995)
1995-07-24 34 0 STIPULATION for Consent Judgment by Allison Boats, Inc., Darris Allison, Michael Creech, Michael Shane Creech, Donnie Estes (adk) (Entered: 07/31/1995)
1995-07-27 35 0 JUDGMENT entered that the Stipulation for Consent Judgment is hereby approved by the Court. Each party is to bear their own costs. JE# 4431-A EOD 8/8/95. Copies mailed 8/4/95. ( signed by Chief Judge Charles R. Butler Jr. ); (adk) Modified on 08/08/1995 (Entered: 07/31/1995)