| Court: | caed |
| Docket #: | 2:06-cv-02944 |
| Case Name: | Haynes v. R. H. Dyck, Inc., et al |
| PACER case #: | 158309 |
| Date filed: | 2006-12-29 |
| Date terminated: | 2010-06-23 |
| Assigned to: | Chief Judge Morrison C. England, Jr |
| Referred to: | Magistrate Judge Edmund F. Brennan |
| Case Cause: | Civil Miscellaneous Case |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Estate of Sherryn Haynes Plaintiff |
Dennis W. Richardson Randall F. Wright Gary Scott Decker Steven LaMar Smith |
| R. H. Dyck, Inc. Defendant a California corporation Doing business asEarth Saver Doing business asEarth Savers Doing business asEarth-Saver Doing business asEarth Saver Erosion Control Products |
Glenn W. Peterson Anthony G. Craig Jeremy Seth Millstone Joy C Rosenquist K. Iain McAusland , PHV Richard M. Watts , Jr. Sheldon R. Meyer |
| Kevin McPhillips Defendant |
Glenn W. Peterson K. Iain McAusland , PHV Sheldon R. Meyer |
| Cathy Ann McPhillips Defendant |
Glenn W. Peterson K. Iain McAusland , PHV Sheldon R. Meyer |
| United States of America Amicus United States, Interested party |
McGregor Scott John J. Fargo |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2006-12-29 | 1 | 0 | CIVIL COVER SHEET by Sherryn Haynes (Smith, Steven) (Entered: 12/29/2006) | |||
| 2006-12-29 | 2 | 0 | COMPLAINT against all plaintiffs by Sherryn Haynes. Attorney Smith, Steven L added.(Smith, Steven) (Entered: 12/29/2006) | |||
| 2006-12-29 | 3 | 0 | ATTACHMENT to Complaint, Part 2 against all plaintiffs by Sherryn Haynes.(Smith, Steven) Modified on 1/3/2007 (Marciel, M). (Entered: 12/29/2006) | |||
| 2006-12-29 | 4 | 0 | ATTACHMENT to Complaint, Part 3 against all plaintiffs by Sherryn Haynes.(Smith, Steven) Modified on 1/3/2007 (Marciel, M). (Entered: 12/29/2006) | |||
| 2007-01-03 | 6 | 0 | SUMMONS ISSUED as to *Cathy Ann McPhillips, R.H. Dyck, Inc., Kevin McPhillips* with answer to complaint due within *20* days. Attorney *Steven L. Smith, Esq.* *O'Banion & Ritchey, LLP* *400 Capitol Mall, Suite 1550* *Sacramento, CA 95814*. (Marciel, M) (Entered: 01/03/2007) | |||
| 2007-01-03 | 7 | 0 | PATENT NEW CASE DOCUMENTS ISSUED as to Patent #1:* 5,519,985 * * 5/28/1996 * * Rudolph H. Dyck *. (Attachments: # 1 Consent Forms # 2 Patent # 3 VDRP Forms) (Marciel, M) (Entered: 01/03/2007) | |||
| 2007-01-10 | 8 | 0 | NOTICE of CHANGE of ADDRESS by Gary Scott Decker. Attorney Decker, Gary Scott added. (Decker, Gary) (Entered: 01/10/2007) | |||
| 2007-01-12 | 9 | 0 | DESIGNATION of COUNSEL FOR SERVICE. Added attorney Randall F. Wright for Sherryn Haynes. (Wright, Randall) Modified on 1/16/2007 (Manzer, C). Modified on 10/26/2007 (Donati, J). (Entered: 01/12/2007) | |||
| 2007-01-30 | 10 | 0 | FIRST AMENDED COMPLAINT against all defendants by Sherryn Haynes.(Wright, Randall) (Entered: 01/30/2007) | |||
| 2007-01-30 | 11 | 0 | CONTINUATION OF FIRST AMENDED COMPLAINT against all defendants by Sherryn Haynes. (Attachments: # 1 Exhibits 1-8 # 2 Exhibits 9-18 # 3 Exhibits 19-28 # 4 Exhibits 29-39)(Wright, Randall) Modified on 1/31/2007 (Krueger, M). (Entered: 01/30/2007) | |||
| 2007-01-30 | 12 | 0 | CONTINUATION OF EXHIBITS TO FIRST AMENDED COMPLAINT against all defendants by Sherryn Haynes, Exhibits 40-50. (Attachments: # 1 Exhibits 51-61 # 2 Exhibits 62-72 # 3 Exhibits 73-77)(Wright, Randall) Modified on 1/31/2007 (Krueger, M). (Entered: 01/30/2007) | |||
| 2007-01-30 | 13 | 0 | NOTICE of SUBMISSION of disc of video exhibits in support of 10 Amended Complaint.(Wright, Randall) (Received on 1/30/07 and Routed to fileroom) Modified on 1/30/2007 (Donati, J). (Entered: 01/30/2007) | |||
| 2007-04-20 | 14 | 0 | SUMMONS RETURNED EXECUTED by Sherryn Haynes. Cathy Ann McPhillips, R.H. Dyck, Inc., and Kevin McPhillips served on 4/14/2007. (Wright, Randall) Modified on 4/23/2007 (Yin, K). (Entered: 04/20/2007) | |||
| 2007-05-03 | 15 | 0 | STIPULATION to Extend the Time for Defendants to Answer or Otherwise Respond to Plaintiff's First Amended Complaint by Cathy Ann McPhillips, R.H. Dyck, Inc., Kevin McPhillips. Attorney Sheldon R. Meyer added. (Meyer, Sheldon) Modified on 5/4/2007 (Krueger, M). (Entered: 05/03/2007) | |||
| 2007-05-30 | 16 | 0 | PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by R.H. Dyck, Inc for attorney K. Iain McAusland to appear Pro Hac Vice. (Meyer, Sheldon) (Entered: 05/30/2007) | |||
| 2007-05-31 | 17 | 0 | OBJECTION by plt to Pro Hac Vice Application by K. Iain McAusland 16 . (Wright, Randall) Modified on 6/1/2007 (Duong, D). (Entered: 05/31/2007) | |||
| 2007-06-04 | 18 | 0 | PRO HAC VICE ORDER 16 signed by Judge Morrison C. England Jr. on 6/1/07. Attorney K. Iain McAusland-PRO HAC VICE added for defendants Cathy Ann McPhillips and R.H. Dyck, Inc.. (Marciel, M) (Entered: 06/04/2007) | |||
| 2007-06-04 | 19 | 0 | ANSWER to AMENDED COMPLAINT and Affirmative Defenses by R.H. Dyck, Inc.; Demand for Jury Trial. (Meyer, Sheldon) Modified on 6/5/2007 (Marciel, M). (Entered: 06/04/2007) | |||
| 2007-06-04 | 20 | 0 | ANSWER to AMENDED COMPLAINT and Affirmative Defenses by Cathy Ann McPhillips; Demand for Jury Trial. (Meyer, Sheldon) Modified on 6/5/2007 (Marciel, M). (Entered: 06/04/2007) | |||
| 2007-06-04 | 21 | 0 | ANSWER to AMENDED COMPLAINT and Affirmative Defenses by Kevin McPhillips; Demand for Jury Trial. (Meyer, Sheldon) Modified on 6/5/2007 (Marciel, M). (Entered: 06/04/2007) | |||
| 2007-06-06 | 22 | 0 | MINUTE ORDER: After reviewing the Plaintiffs' Objections 17 to the Pro Hac Vice Application (granted by the Court on 6/1/2007), the Court RESCINDS its Order granting the application. Attorney K. Iain McAusland, PRO HAC VICE, is terminated. Signed by Judge Morrison C. England Jr. on 6/6/2007. (TEXT ONLY ENTRY) (Deutsch, S) Modified on 6/7/2007 (Donati, J). (Entered: 06/06/2007) | |||
| 2007-06-13 | 23 | 0 | JOINT STATUS REPORT by Sherryn Haynes. (Wright, Randall) (Entered: 06/13/2007) | |||
| 2007-06-26 | 24 | 0 | PRETRIAL (STATUS) SCHEDULING ORDER signed by Judge Morrison C. England Jr. on 6/26/07. Designation of Expert Witnesses DUE by 6/9/2008; Discovery DUE by 4/14/2008; Dispositive Motions DUE by 9/12/2008; Final Pretrial Conference SET for 12/12/2008 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr.; Joint Final Pretrial Conference Statement DUE by 11/28/08; Jury Trial SET for 1/12/2009 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr.; Trial Exhibits DUE by 3:00 p.m. on 1/5/09. (Kastilahn, A) (Entered: 06/26/2007) | |||
| 2007-07-03 | 25 | 0 | OBJECTIONS to Pretrial Scheduling Order 24 by Plaintiff Sherryn Haynes. (Wright, Randall) Modified on 7/5/2007 (Duong, D). (Entered: 07/03/2007) | |||
| 2007-07-09 | 26 | 0 | SUGGESTION of DEATH Upon the Record of Plaintiff; Request for Scheduling Order; and Request for Stay by Sherryn Haynes. (Wright, Randall) (Entered: 07/09/2007) | |||
| 2007-07-09 | 27 | 0 | LETTER BRIEF in Response to Plaintiff's Opposition 25 to the Court's Scheduling Order by R.H. Dyck, Inc. Attorney Craig, Anthony G. added. (Craig, Anthony) Modified on 7/10/2007 (Duong, D). (Entered: 07/09/2007) | |||
| 2007-07-09 | 28 | 0 | LETTER BRIEF reply to Defendants' Opposition 27 to Plaintiff's Objections to Scheduling Order by Sherryn Haynes. (Wright, Randall) Modified on 7/10/2007 (Duong, D). (Entered: 07/09/2007) | |||
| 2007-07-17 | 29 | 0 | CERTIFICATES of Service for 26 "Statement of Fact of Death of Plaintiff Sherryn Haynes; Request for Order Scheduling Substitution Deadline; and Request for Temporary Stay of Proceedings" on Leighan, Thomas, and John Haynes (Wright, Randall) Modified on 7/18/2007 (Marciel, M). (Entered: 07/17/2007) | |||
| 2007-07-20 | 30 | 0 | MINUTE ORDER: The Court reviewed Plaintiff's Statement of Fact of Death and Request for Temporary Stay 26 and orders this matter stayed for ninty (90) days. The parties are directed to file a Joint Status Report not later than 10/19/2007. Signed by Judge Morrison C. England Jr. on 7/20/2007. (Deutsch, S) Modified on 7/20/2007 (Deutsch, S). (Entered: 07/20/2007) | |||
| 2007-08-23 | 31 | 0 | MOTION to SUBSTITUTE Estate of Sherryn Haynes in place of Deceased Plaintiff Sherryn Haynes re 30 Minute Order by Sherryn Haynes.Motion Hearing set for 9/28/2007 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr. (Attachments: # 1 Proposed Order)(Wright, Randall) Modified on 8/24/2007 (Duong, D). (Entered: 08/23/2007) | |||
| 2007-08-29 | 32 | 0 | SUBSTITUTION of ATTORNEY - PROPOSED, submitted by R.H. Dyck, Inc.. (Peterson, Glenn) (Entered: 08/29/2007) | |||
| 2007-08-29 | 33 | 0 | DESIGNATION of COUNSEL FOR SERVICE. Added attorney Glenn W Peterson and Glenn W Peterson for R.H. Dyck, Inc., Richard M Watts and Glenn W Peterson for R.H. Dyck, Inc., Jeremy Seth Millstone and Glenn W Peterson for R.H. Dyck, Inc., attorney Anthony G. Craig terminated (Peterson, Glenn) (Entered: 08/29/2007) | |||
| 2007-08-30 | 34 | 0 | ORDER SUBSTITUTING ATTORNEY signed by Judge Morrison C. England Jr. on 8/30/07 ORDERING attorney Glenn W Peterson Added for Cathy Ann McPhillips, Kevin McPhillips and R.H. Dyck, Inc. Sheldon R. Meyer adn Anthony G. Craig terminated.(Donati, J) (Entered: 08/30/2007) | |||
| 2007-09-14 | 35 | 0 | MEMORANDUM/RESPONSE in OPPOSITION to 31 Motion re Substitution of Estate of Sherryn Haynes in Place of Deceased Plaintiff Sherryn Haynes; REQUEST for Judicial Notice (Peterson, Glenn) Modified on 9/17/2007 (Kaminski, H). (Entered: 09/14/2007) | |||
| 2007-09-19 | 36 | 0 | REPLY to RESPONSE to MOTION re 31 MOTION Substitution of Estate of Sherryn Haynes in place of Deceased Plaintiff Sherryn Haynes re 30 Minute Order, Case Stayed - O,, MOTION Substitution of Estate of Sherryn Haynes in place of Deceased Plaintiff Sherryn Haynes re 30 Minute Order, Case Stayed - O,,. (Wright, Randall) (Entered: 09/19/2007) | |||
| 2007-09-20 | 37 | 0 | MOTION to STRIKE 32 dfts' Substitution of Attorney by Sherryn Haynes.Motion Hearing set for 11/2/2007 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr. (Attachments: # 1 Points and Authorities # 2 Declaration of Dennis W. Richardson # 3 Exhibits Part 2# 4 Exhibits Part 3# 5 Exhibits Part 4# 6 Exhibits Part 5# 7 Exhibits Part 6# 8 Declaration of Cheryl McNulty# 9 Proposed Order)(Wright, Randall) Modified on 9/21/2007 (Duong, D). (Entered: 09/20/2007) | |||
| 2007-09-25 | 38 | 0 | MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Plaintiff's Motion to Substitute 31 , scheduled for hearing on 9/28/2007, is submitted without oral argument. The hearing date of 9/28/2007 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date. Signed by Judge Morrison C. England Jr. on 9/25/2007. (Deutsch, S) (Entered: 09/25/2007) | |||
| 2007-10-15 | 39 | 0 | MEMORANDUM and ORDER re 31 MOTION for Substitution of Estate of Sherryn Haynes, signed by Judge Morrison C. England Jr. on 10/12/07. The Estate of Sherryn Haynes shall be substituted as the pltf in this action. (Kastilahn, A) (Entered: 10/15/2007) | |||
| 2007-10-16 | 40 | 0 | MINUTE ORDER (Text Only): The 7/20/2007 Order for Joint Status Report 30 is stricken. A new minute order will be issued, if necessary, after the the rulings on the Motion to Substitute 31 and the Motion to Strike 32 . Signed by Judge Morrison C. England Jr. on 10/16/2007. (Deutsch, S) (Entered: 10/16/2007) | |||
| 2007-10-19 | 41 | 0 | MEMORANDUM/RESPONSE in OPPOSITION re 37 MOTION to STRIKE 32 dfts' Substitution of Attorney. (Peterson, Glenn) Modified on 10/24/2007 (Kaminski, H). (Entered: 10/19/2007) | |||
| 2007-10-19 | 42 | 0 | DECLARATION of Glenn W. Peterson in support of 41 Opposition. (Peterson, Glenn) Modified on 10/24/2007 (Kaminski, H). (Entered: 10/19/2007) | |||
| 2007-10-26 | 43 | 0 | REPLY to RESPONSE to MOTION re 37 MOTION to STRIKE 32 dfts' Substitution of Attorney . (Attachments: #(1) Declaration of Dennis Richardson supporting Reply)(Wright, Randall) Modified on 10/31/2007 (Kastilahn, A). (Entered: 10/26/2007) | |||
| 2007-10-26 | 44 | 0 | CLERK'S NOTICE of DOCKET CORRECTION: Attorney Steven LaMar Smith was termed in error, Mr. Smith is continuing as co-counsel for pltf.(Yin, K) (Entered: 10/26/2007) | |||
| 2007-10-26 | 45 | 0 | NOTICE OF RESERVICE: Documents 38 , 39 , 40 , 41 , 42 and 43 Reserved on Steven LaMar Smith pursuant to 44 Clerk's Notice of Docket Correction.(Yin, K) (Entered: 10/26/2007) | |||
| 2007-11-01 | 46 | 0 | MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Plaintiff's Motion to Strike 37 , scheduled for hearing on 11/2/2007, is submitted without oral argument. The hearing date of 11/2/2007 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date.Signed by Judge Morrison C. England Jr. on 11/1/2007. (Deutsch, S) (Entered: 11/01/2007) | |||
| 2008-01-07 | 47 | 0 | MEMORANDUM and ORDER signed by Judge Morrison C. England Jr. on 1/4/08: Plaintiff's Motion to Strike Defendants' Substitution of Attorney is hereby DENIED 37 . (Kaminski, H) (Entered: 01/07/2008) | |||
| 2008-01-24 | 48 | 0 | REQUEST for 47 Amended Order correcting factual errors by The Estate of Sherryn Haynes. (Wright, Randall) Modified on 1/25/2008 (Marciel, M). (Entered: 01/24/2008) | |||
| 2008-02-06 | 49 | 0 | DISREGARD - ATTY TO RE-FILE document for better image [REPLY/RESPONSE to Plaintiff's 48 Request for Revision of Memorandum and Order 47 by R. H. Dyck, Inc.] (Peterson, Glenn) Modified on 2/8/2008 (Duong, D). (Entered: 02/06/2008) | |||
| 2008-02-07 | 50 | 0 | REPLY/RESPONSE to Plaintiff's 48 Request for Revision of Memorandum and Order 47 by R. H. Dyck, Inc. (Peterson, Glenn) Modified on 2/8/2008 (Duong, D). (Entered: 02/07/2008) | |||
| 2008-02-08 | 51 | 0 | REPLY to defendants' Opposition to 48 Motion for Amended Order correcting factual errors. (Wright, Randall) Modified on 2/11/2008 (Marciel, M). (Entered: 02/08/2008) | |||
| 2008-02-12 | 52 | 0 | MOTION for PROTECTIVE ORDER and for Award of Expenses by The Estate of Sherryn Haynes. Motion Hearing set for 3/5/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Wright, Randall) Modified on 2/26/2008 (Marciel, M). (Entered: 02/12/2008) | |||
| 2008-02-13 | 53 | 0 | BRIEFING ORDER re 52 MOTION for PROTECTIVE ORDER and for award of expenses filed by The Estate of Sherryn Haynes. Signed by Magistrate Judge Edmund F. Brennan on 2/13/08. (Hinkle, T) (Entered: 02/13/2008) | |||
| 2008-02-13 | 54 | 0 | EX PARTE APPLICATION by The Estate of Sherryn Haynes for Order Shortening Time to Grant Initial Extension of Time to Respond to Defendant R. H. Dyck, Inc.'s Discovery. (Attachments: # 1 Points and Authorities, # 2 Declaration of Dennis Richardson, # 3 Proposed Order)(Wright, Randall) (Entered: 02/13/2008) | |||
| 2008-02-13 | 55 | 0 | MINUTE ORDER (TEXT ONLY): The Court is in receipt of correspondence from Plaintiff's counsel dated January 24, 2008 48 . Said correspondence raises objections and arguments regarding the Court's Order dated January 4, 2008 47 . As such, it is an improper ex parte communication with the Court. The communication will therefore not be addressed. If Plaintiff wishes the Court to revisit its January 4, 2008 Order, Plaintiff must file a properly noticed motion for reconsideration in accordance with the Federal Rules of Civil Procedure and the Local Rules for the Eastern District of California.Signed by Judge Morrison C. England, Jr on 2/13/2008. (Deutsch, S) (Entered: 02/13/2008) | |||
| 2008-02-14 | 56 | 0 | ORDER denying 54 Ex Parte Application for Order Shortening Time filed by The Estate of Sherryn Haynes. Signed by Magistrate Judge Edmund F. Brennan on 2/14/08. (Hinkle, T) (Entered: 02/14/2008) | |||
| 2008-02-20 | 57 | 0 | MOTION To Amend The Pretrial Scheduling Order re 25 Objections, 24 Order, by The Estate of Sherryn Haynes. Motion Hearing set for 4/4/2008 at 09:00 AM in Courtroom 3 (MCE) before Judge Morrison C. England Jr.. (Attachments: # 1 Points and Authorities, # 2 Declaration of Dennis W. Richardson, Esq., # 3 Proposed Order)(Richardson, Dennis) Modified on 2/21/2008 (Kaminski, H). (Entered: 02/20/2008) | |||
| 2008-02-22 | 58 | 0 | REQUEST for continuance of plaintiff's 52 Motion for Protective Order and for Award of Expenses by The Estate of Sherryn Haynes. (Richardson, Dennis) Modified on 2/26/2008 (Marciel, M). (Entered: 02/22/2008) | |||
| 2008-02-25 | 59 | 0 | MINUTE ORDER by CRD: Pltf's Request for Continuance of Hearing on Motion for Protective Order 58 is GRANTED. The 03/05/08 hearing date is VACATED. Pltf's counsel is advised to contact the Courtroom Deputy for Magistrate Judge Brennan to re-notice the Motion 52 AFTER Judge England rules on the pending Motion to Amend the Pretrial (Status) Scheduling Order. (Text only entry) (Cannarozzi, N) (Entered: 02/25/2008) | |||
| 2008-02-25 | 60 | 0 | REQUEST for Extension of Time to respond to Discovery pursuant to 59 Minute Order by The Estate of Sherryn Haynes. (Richardson, Dennis) Modified on 2/26/2008 (Marciel, M). (Entered: 02/25/2008) | |||
| 2008-03-11 | 61 | 0 | MOTION to COMPEL plt's supplemental responses to written discovery and for award of sanctions and expenses by R. H. Dyck, Inc. Motion Hearing set for 4/1/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Peterson, Glenn) Modified on 3/12/2008 (Duong, D). (Entered: 03/11/2008) | |||
| 2008-03-12 | 62 | 0 | MINUTE ORDER by CRD: The 04/01/08 hearing re: Deft's Motion to Compel Pltf's Supplemental Responses to Written Discovery and for Award of Sanctions/Expenses 61 is VACATED. The Court is unavailable to hear the motion on the date selected. Defense counsel is advised to contact the Courtroom Deputy for Magistrate Judge Brennan to obtain available law and motion dates. (Text only entry) (Cannarozzi, N) (Entered: 03/12/2008) | |||
| 2008-03-12 | 63 | 0 | AMENDED MOTION to COMPEL amending 61 MOTION to COMPEL PLAINTIFFS SUPPLEMENTAL RESPONSES TO WRITTEN DISCOVERY AND FOR AWARD OF SANCTIONS AND EXPENSES by R. H. Dyck, Inc.. Motion Hearing set for 4/16/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Peterson, Glenn) (Entered: 03/12/2008) | |||
| 2008-03-18 | 64 | 0 | OPPOSITION to 57 motion to Amend Scheduling Order (Peterson, Glenn) Modified on 3/19/2008 (Kaminski, H). (Entered: 03/18/2008) | |||
| 2008-03-25 | 65 | 0 | MEMORANDUM in SUPPORT of 63 AMENDED MOTION to COMPEL (Peterson, Glenn) Modified on 3/26/2008 (Kaminski, H). (Entered: 03/25/2008) | |||
| 2008-03-25 | 66 | 0 | DECLARATION of Joy C. Rosenquist in Support of 63 Motion to Compel (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Peterson, Glenn) Modified on 3/26/2008 (Kaminski, H). (Entered: 03/25/2008) | |||
| 2008-03-25 | 67 | 0 | EXHIBIT D-G to 66 Declaration of Joy C. Rosenquist in Support of Defendants' Motion to Compel (Attachments: # 1 Exhibit D - part 2 of 2, # 2 Exhibit E, # 3 Exhibit F, # 4 Exhibit G)(Peterson, Glenn) Modified on 3/26/2008 (Kaminski, H). (Entered: 03/25/2008) | |||
| 2008-03-25 | 68 | 0 | EXHIBIT H-L to 66 Declaration of Joy C. Rosenquist in Support of Defendants' Motion to Compel (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Peterson, Glenn) Modified on 3/26/2008 (Kaminski, H). (Entered: 03/25/2008) | |||
| 2008-03-26 | 69 | 0 | REPLY to RESPONSE to MOTION re 57 MOTION To Amend The Pretrial Scheduling Order re 25 Objections, 24 Order, Set/Reset Deadlines and Hearings. MOTION To Amend The Pretrial Scheduling Order re 25 Objections, 24 Order, Set/Reset Deadlines and Hearings.(Wright, Randall) Modified on 3/28/2008 (Anderson, J). (Entered: 03/26/2008) | |||
| 2008-04-01 | 70 | 0 | ORDER signed by Magistrate Judge Edmund F. Brennan on 4/1/2008 ORDERING the 4/16/2008 hearing is vacated and 63 Amended Motion to Compel is DENIED without prejudice. (Matson, R) (Entered: 04/01/2008) | |||
| 2008-04-03 | 71 | 0 | MINUTE ORDER (Text Only): On the Court's own motion and pursuant to Local Rule 78-230(h), the Plaintiff's Motion to Amend the Pretrial Scheduling Order 57 , scheduled for hearing on 4/4/2008, is submitted without oral argument. The hearing date of 4/4/2008 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date. Signed by Judge Morrison C. England, Jr on 4/3/2008. (Deutsch, S) (Entered: 04/03/2008) | |||
| 2008-06-03 | 72 | 0 | MEMORANDUM and ORDER signed by Judge Morrison C. England, Jr on 6/2/2008 ORDERING the Temporary Stay entered on 7/20/2007 is hereby lifted; and the Pretrial Scheduling Order entered 6/26/2007 shall be amended as set forth above. Designation of Expert Witnesses due by 10/14/2008; Discovery due by 8/14/2008; Dispositive Motion due by 12/19/2008; Joint Final Pretrial Conference Statement due 6/26/2009; Final Pretrial Conference set for 7/17/2009 at 09:00 AM and Jury Trial set for 8/31/2009 at 09:00 AM in Courtroom 7 (MCE) before Judge Morrison C. England Jr. and Trial Exhibits delivered to the Courtroom Clerk, Stephanie Deutsch due 8/24/2009 by 3:00 p.m. (Matson, R) (Entered: 06/03/2008) | |||
| 2008-07-03 | 73 | 0 | MOTION to COMPEL defendants' Supplemental Responses to written Discovery and for Award of sanctions by The Estate of Sherryn Haynes. Motion Hearing set for 8/13/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Wright, Randall) Modified on 7/7/2008 (Marciel, M). (Entered: 07/03/2008) | |||
| 2008-07-09 | 74 | 0 | MOTION to COMPEL plaintiff's Supplemental Responses to written discovery and for award of sanction and expenses by R. H. Dyck, Inc.. Attorney Rosenquist, Joy C. added. Motion Hearing set for 8/13/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Rosenquist, Joy) Modified on 7/10/2008 (Marciel, M). (Entered: 07/09/2008) | |||
| 2008-07-11 | 75 | 0 | MOTION for PROTECTIVE ORDER by R. H. Dyck, Inc.. Motion Hearing set for 8/13/2008 at 10:00 AM in Courtroom 25 (EFB) before Magistrate Judge Edmund F. Brennan. (Peterson, Glenn) (Entered: 07/11/2008) | |||
| 2008-07-11 | 76 | 0 | ORDER signed by Magistrate Judge Edmund F. Brennan on 7/11/08 ORDERING pltf's discovery motion 73 is DENIED WITHOUT PREJUDICE as untimely. Accordingly, the 8/13/08 hearing is VACATED. (Carlos, K) (Entered: 07/11/2008) | |||
| 2008-07-14 | 77 | 0 | MINUTE ORDER by CRD: For the reasons stated in the Court's 07/11/08 Order 76 , Deft's Motion for Protective Order 75 is DENIED without prejudice as untimely. Accordingly, the 8/13/08 hearing is VACATED. Ordered by Magistrate Judge Edmund F. Brennan on 07/14/08. (Text only entry)(Cannarozzi, N) (Entered: 07/14/2008) | |||
| 2008-07-14 | 78 | 0 | MINUTE ORDER by CRD: For the reasons stated in the Court's 07/11/08 Order 76 , Deft's MOTION to COMPEL plaintiff's Supplemental Responses to written discovery and for award of sanction and expenses 74 is DENIED without prejudice as untimely. Accordingly, the 8/13/08 hearing is VACATED. Ordered by Magistrate Judge Edmund F. Brennan on 07/14/08. (Text only entry)(Cannarozzi, N) (Entered: 07/14/2008) | |||
| 2008-07-28 | 79 | 0 | REQUEST for Special Notice, pursuant to FRCP 17(a)(1)(G), that it be served with copies of all papers by United States of America. (Fargo, John) Modified on 7/29/2008 (Reader, L). (Entered: 07/28/2008) | |||
| 2008-09-05 | 80 | 0 | NOTICE of Non-Availability of Plaintiff's Counsel by Estate of Sherryn Haynes. (Wright, Randall) (Entered: 09/05/2008) | |||
| 2008-10-14 | 81 | 0 | DESIGNATION/DISCLOSURE of EXPERT WITNESS by Estate of Sherryn Haynes. (Wright, Randall) (Entered: 10/14/2008) | |||
| 2008-10-28 | 82 | 0 | DESIGNATION of COUNSEL FOR SERVICE., attorney Randall F. Wright terminated (Wright, Randall) (Entered: 10/28/2008) | |||
| 2009-02-10 | 83 | 0 | NOTICE of CHANGE of ADDRESS by Gary Scott Decker. (Decker, Gary) (Entered: 02/10/2009) | |||
| 2009-05-21 | 84 | 0 | MINUTE ORDER (Text Only): YOU ARE HEREBY NOTIFIED the 8/31/2008 jury trial is vacated and continued to 9/20/2010 at 9:00 a.m. in Courtroom 7. Accordingly, the 7/17/2009 Final Pretrial Conference is vacated and continued to 8/5/2010 at 2:00 p.m. in Courtroom 7. The Joint Final Pretrial Statement is due not later than 7/8/2010.Any evidentiary or procedural motions shall be filed by 8/23/2010, oppositions must be filed by 8/30/2010, and replies, if any, must be filed by 9/6/2010.These motions will be heard at the Final Pretrial Conference. It is further ordered that the personal appearances of the trial attorneys or person(s) in pro se is mandatory for the Final Pretrial Conference. The parties are ordered to file their trial briefs, witness list, and exhibit list by 9/6/2010.Signed by Judge Morrison C. England, Jr. on 5/21/2009. (Deutsch, S) (Entered: 05/21/2009) | |||
| 2009-08-27 | 85 | 0 | REQUEST for Plaintiff's Settlement Demand [Fed. Rules Evid. Rule 408(b)] by Estate of Sherryn Haynes. (Decker, Gary) (Entered: 08/27/2009) | 2009-08-31 10:06:34 | e979649c5d70798e5eaa19f22a5cd19b88e03640 | |
| 2009-12-21 | 86 | 0 | MINUTE ORDER (Text Only): YOU ARE HEREBY NOTIFIED the 9/20/2010 trial is vacated and ADVANCED to 6/21/2010 at 9:00 a.m. in Courtroom 7. Accordingly, the 8/5/2010 Final Pretrial Conference is vacated and ADVANCED to 4/22/2010 at 2:00 p.m. in Courtroom 7. The Joint Final Pretrial Statement is due not later than 4/1/2010. Any evidentiary or procedural motions shall be filed by 4/1/2010, oppositions must be filed by 4/8/2010, and replies, if any, must be filed by 4/15/2010. These motions will be heard at the Final Pretrial Conference. It is further ordered that the personal appearances of the trial attorneys or person(s) in pro se is mandatory for the Final Pretrial Conference. The parties are ordered to file their trial briefs, witness list, and exhibit list by 4/8/2010.Signed by Judge Morrison C. England, Jr. on 12/21/2009. (Jones, K) (Entered: 12/21/2009) | |||
| 2010-01-21 | 87 | 0 | REQUEST for Early Settlement Conference by Estate of Sherryn Haynes. (Smith, Steven) Modified on 1/22/2010 (Kaminski, H). (Entered: 01/21/2010) | |||
| 2010-01-27 | 88 | 0 | MINUTE ORDER (Text only): On the Court's on motion, the Final Pretrial Conference set for 4/22/2010 is hereby RESET to 4/29/2010 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. All other dates remain confirmed. Signed by Judge Morrison C. England, Jr on 1/27/2010. (Jones, K) (Entered: 01/27/2010) | |||
| 2010-04-01 | 89 | 0 | MOTION Exclude Plaintiff's Evidence Pursuant to FRCP Rule 37(C)(1) by Cathy Ann McPhillips, R. H. Dyck, Inc., Kevin McPhillips. Motion Hearing set for 4/29/2010 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Attachments: # 1 Points and Authorities, # 2 Exhibit A, # 3 Declaration Glenn W. Peterson, # 4 Exhibit A)(Peterson, Glenn) (Entered: 04/01/2010) | |||
| 2010-04-01 | 90 | 0 | MOTION Exclude Evidence of Patent Invalidity by Cathy Ann McPhillips, R. H. Dyck, Inc., Kevin McPhillips. Motion Hearing set for 4/29/2010 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Peterson, Glenn) (Entered: 04/01/2010) | |||
| 2010-04-01 | 91 | 0 | MOTION IN LIMINE to Exclude Evidence of Prior State Court Action Except for Notice to Defendants of 35 USC 292 Claim by Estate of Sherryn Haynes. Motion Hearing set for 4/29/2010 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Attachments: # 1 Attachment to Motion In Limine)(Decker, Gary) (Entered: 04/01/2010) | |||
| 2010-04-01 | 92 | 0 | PRETRIAL STATEMENT by Plaintiff Estate of Sherryn Haynes. (Attachments: # 1 Defendants Draft Pretrial Conference Statement)(Decker, Gary). (Entered: 04/01/2010) | |||
| 2010-04-05 | 93 | 0 | JOINT PRETRIAL STATEMENT by Plaintiff Estate of Sherryn Haynes. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Decker, Gary) Modified on 4/6/2010 (Kaminski, H). (Entered: 04/05/2010) | |||
| 2010-04-08 | 94 | 0 | WITNESS LIST by Estate of Sherryn Haynes.(Decker, Gary) (Entered: 04/08/2010) | |||
| 2010-04-08 | 95 | 0 | Plaintiff's EXHIBIT LIST by Estate of Sherryn Haynes.(Decker, Gary) Modified on 4/9/2010 (Mena-Sanchez, L). (Entered: 04/08/2010) | |||
| 2010-04-08 | 96 | 0 | TRIAL BRIEF by Estate of Sherryn Haynes.(Decker, Gary) (Entered: 04/08/2010) | |||
| 2010-04-08 | 97 | 0 | OPPOSITION by Estate of Sherryn Haynes to 90 MOTION Exclude Evidence of Patent Invalidity. (Decker, Gary) (Entered: 04/08/2010) | |||
| 2010-04-08 | 98 | 0 | Defendants' TRIAL EXHIBIT LIST by R. H. Dyck, Inc.(Peterson, Glenn) Modified on 4/9/2010 (Mena-Sanchez, L). (Entered: 04/08/2010) | |||
| 2010-04-08 | 99 | 0 | OPPOSITION by Estate of Sherryn Haynes to 89 MOTION Exclude Plaintiff's Evidence Pursuant to FRCP Rule 37(C)(1). (Attachments: # 1 Declaration Dennis Richardson, # 2 Exhibits 1 - 3, # 3 Exhibits 4 - 8, # 4 Exhibit 9A, # 5 Exhibits 9B - 12 to Dennis Richardson Declaration)(Decker, Gary) Modified on 4/9/2010 (Mena-Sanchez, L). (Entered: 04/08/2010) | |||
| 2010-04-08 | 100 | 0 | Defendants' TRIAL BRIEF (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Peterson, Glenn) Modified on 4/9/2010 (Mena-Sanchez, L). (Entered: 04/08/2010) | |||
| 2010-04-08 | 101 | 0 | WITNESS LIST by R. H. Dyck, Inc..(Peterson, Glenn) (Entered: 04/08/2010) | |||
| 2010-04-08 | 102 | 0 | OPPOSITION by R. H. Dyck, Inc. to 91 MOTION IN LIMINE to Exclude Evidence of Prior State Court Action Except for Notice to Defendants of 35 USC 292 Claim. (Peterson, Glenn) (Entered: 04/08/2010) | |||
| 2010-04-09 | 103 | 0 | MINUTE ORDER by CRD: Parties are to be reminded that the PRETRIAL STATEMENTS, WITNESS LISTS, AND EXHIBIT LISTS are required to be emailed in WordPerfect or Microsoft Word to chambers in addition to filing the pdf version in the CM/ECF system. Please submit your pretrial statements today, in word processing format to: mceorders@caed.uscourts.gov. (Jones, K) Modified on 4/12/2010 (Jones, K). (Entered: 04/09/2010) | |||
| 2010-04-15 | 104 | 0 | REPLY by Estate of Sherryn Haynes re 91 Motion in Limine. (Attachments: # 1Exhibit 13)(Decker, Gary) Modified on 4/16/2010 (Becknal, R). (Entered: 04/15/2010) | |||
| 2010-04-30 | 105 | 0 | MINUTE ORDER (Text Only): Having reviewed the documentation referenced by Plaintiff's counsel at the time of the April 29, 2010 hearing on the parties' in limine requests, the Court hereby reaffirms its ruling from the bench on Plaintiff's Motion in Limine (Docket No. 91 ). No evidence, testimony, or argument related to the prior state court action will be permitted. Signed by Judge Morrison C. England, Jr on 4/30/2010. (Jones, K) (Entered: 04/30/2010) | |||
| 2010-04-29 | 106 | 0 | MINUTES (Text Only) for proceedings held before Judge Morrison C. England, Jr: FINAL PRETRIAL CONFERENCE held on 4/29/2010. The Court ruled on the Motions in Limine and confirmed case for trial on 6/21/2010. Plaintiffs Counsel Gary Decker, Dennis Richardson present. Defendants Counsel Glenn Peterson present. Court Reporter: D. Shepard. (Jones, K) (Entered: 04/30/2010) | |||
| 2010-05-11 | 107 | 0 | MINUTE ORDER (Text Only): This minute order will clarify that in addition to granting Plaintiff's Motion in Limine (Docket No. 91 ) at the time of the April 29, 2010 Final Pretrial Conference, the Court also granted Defendants' Motions in Limine (Docket Nos. 89 and 90 , respectively) Signed by Judge Morrison C. England, Jr on 5/11/2010. (Jones, K) (Entered: 05/11/2010) | |||
| 2010-05-11 | 108 | 0 | [DISREGARD - ATTORNEY TO REFILE] EXHIBIT LIST As Updated Per Court Request Re Exhibits 1-77 by Estate of Sherryn Haynes.(Decker, Gary) Modified on 5/12/2010 (Engbretson, K.). (Entered: 05/11/2010) | |||
| 2010-05-12 | 109 | 0 | FINAL PRETRIAL ORDER signed by Judge Morrison C. England, Jr. on 5/11/2010. Trial is scheduled for 6/21/2010. (Attachments: # 1 Attachment A)(Engbretson, K.) (Entered: 05/12/2010) | |||
| 2010-05-15 | 110 | 0 | EXHIBIT LIST (Revised/Updated Per Chambers Request) (Cover Sheet Per Clerk's Directive) by Estate of Sherryn Haynes.(Decker, Gary) (Entered: 05/15/2010) | |||
| 2010-05-18 | 111 | 0 | OBJECTIONS/REQUEST for Augmentation by Plaintiff Estate of Sherryn Haynes to 109 Pretrial Order . (Decker, Gary) (Entered: 05/18/2010) | |||
| 2010-05-20 | 112 | 0 | RESPONSE/OBJECTIONS to 111 plt's Request for Augmentation to PTO. (Peterson, Glenn) Modified on 5/20/2010 (Duong, D). (Entered: 05/20/2010) | |||
| 2010-05-20 | 113 | 0 | EXHIBIT A to 112 Response/Objections vy dfts. (Peterson, Glenn) Modified on 5/20/2010 (Duong, D). (Entered: 05/20/2010) | |||
| 2010-05-24 | 114 | 0 | NOTICE of SETTLEMENT With Request to File Stipulation for Dismissal within 21 days per LR 160(b) by Estate of Sherryn Haynes. (Decker, Gary) (Entered: 05/24/2010) | |||
| 2010-05-24 | 115 | 0 | MINUTE ORDER (Text Only): Pursuant to the representations of the attorney for the plaintiff, the Court has determined that this case is settled. In accordance with the provisions of Local Rule 160, dispositional documents are to be filed on or before 6/16/2010. Failure to comply with this order may be grounds for the imposition of sanctions on any and all counsel as well as any party or parties who cause non-compliance with this order. Accordingly, the 6/21/2010 jury trial is now vacated. signed by Judge Morrison C. England, Jr on 5/24/2010. (Jones, K) (Entered: 05/24/2010) | |||
| 2010-06-16 | 116 | 0 | STIPULATION of DISMISSAL and Proposed Order of Dismissal by Estate of Sherryn Haynes. (Decker, Gary) (Entered: 06/16/2010) | |||
| 2010-06-17 | 117 | 0 | MINUTE ORDER (Text Only): The Court received the Stipulation of Dismissal and Proposed Order of Dismissal 116 . Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in WordPerfect or Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rule 101, the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today, in word processing format to: mceorders@caed.uscourts.gov. Signed by Judge Morrison C. England, Jr. on 6/17/2010. (Deutsch, S) (Entered: 06/17/2010) | |||
| 2010-06-23 | 118 | 0 | STIPULATION AND ORDER signed by Judge Morrison C. England, Jr. on 6/22/2010 DISMISSING CASE with prejudice, pursuant to FRCP 41; each party to bear its own attorney's fees and costs; the Clerk of the Court is hereby directed to close this file. CASE CLOSED. (Reader, L) (Entered: 06/23/2010) |