| Court: | flmd |
| Docket #: | 8:05-cv-01740 |
| Case Name: | F.A.C.E. Trading, Inc. et al v. Famiano et al |
| PACER case #: | 173786 |
| Date filed: | 2005-09-16 |
| Date terminated: | 2006-08-21 |
| Assigned to: | Judge Steven D. Merryday |
| Referred to: | Magistrate Judge Thomas B. McCoun III |
| Case Cause: | 28:1338 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| F.A.C.E. Trading, Inc. Plaintiff doing business asFace Card Promotions |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Adam's Enterprise, Inc. Plaintiff |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Frank Famiano Defendant |
Christopher Michael Sierra Don R. Lolli John M. Murray Patrick J. Kaine Vivian Cocotas |
| East-West Partners, Inc. Defendant |
Christopher Michael Sierra Don R. Lolli John M. Murray Patrick J. Kaine Vivian Cocotas |
| Universal Manufacturing Co. Defendant |
David Robert Barnard Don R. Lolli James E. Foster John M. Murray Joseph E. Foster Patrick J. Kaine Robert Cameron Garrison William A. Rudy Jon M. Gibbs Margaret Diane Mathews Vivian Cocotas |
| TBG Vending Inc. Defendant |
|
| Beach One Telecom, Inc. Defendant |
|
| M & S Vending, Inc. Defendant |
Jay Barry Verona |
| Jonathan C. Koch Mediator TERMINATED: 08/21/2006 |
Jonathan C. Koch Jonathan C. Koch |
| Universal Manufacturing Co. Counter Claimant |
David Robert Barnard Don R. Lolli James E. Foster John M. Murray Joseph E. Foster Patrick J. Kaine Robert Cameron Garrison William A. Rudy Jon M. Gibbs Margaret Diane Mathews Vivian Cocotas |
| F.A.C.E. Trading, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Universal Manufacturing Co. Counter Claimant |
Joseph E. Foster Margaret Diane Mathews |
| Sandra Mitchell Counter Defendant |
|
| F.A.C.E. Trading, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Universal Manufacturing Co. Counter Claimant |
Joseph E. Foster Margaret Diane Mathews |
| F.A.C.E. Trading, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Adam's Enterprise, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| M & S Vending, Inc. Counter Claimant |
Jay Barry Verona |
| F.A.C.E. Trading, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Beach One Telecom, Inc. Counter Claimant |
Joseph G. Colombo |
| F.A.C.E. Trading, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Adam's Enterprise, Inc. Counter Defendant |
Anthony E. Dowell Geoffrey A. Baker Michael Alan Hanson Stephen Lesavich |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2005-09-16 | 1 | 0 | COMPLAINT against Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co. ; jury demand (Filing fee $ 250 receipt number T034101) filed by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc. (Attachments: # 1 # 2 # 3 # 4(eec ) Additional attachment(s) added on 2/21/2006 (eec, ). Additional attachment(s) added on 2/21/2006 (eec, ). (Entered: 09/19/2005) | |||
| 2005-09-19 | 2 | 0 | Summons issued as to Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co. Consent(s) issued. (eec ) (Entered: 09/20/2005) | |||
| 2005-09-26 | 3 | 0 | NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 9/26/2005. (maa) (Entered: 09/26/2005) | |||
| 2005-09-30 | 4 | 0 | CERTIFICATE of interested persons and corporate disclosure statement pursuant to FRCP 7.1 by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc.. (Baker, Geoffrey) (Entered: 09/30/2005) | |||
| 2005-10-11 | 5 | 0 | ANSWER to complaint with Jury Demand by East-West Partners, Inc..(Cocotas, Vivian) (Entered: 10/11/2005) | |||
| 2005-10-11 | 6 | 0 | ANSWER to complaint with Jury Demand by Frank Famiano.(Cocotas, Vivian) (Entered: 10/11/2005) | |||
| 2005-10-11 | 7 | 0 | MOTION to Dismiss for Lack of Jurisdiction by Universal Manufacturing Co.. (Attachments: # 1 Affidavit Scott Breeding)(Cocotas, Vivian) (Entered: 10/11/2005) | |||
| 2005-10-25 | 8 | 0 | MEMORANDUM in opposition re 7 Motion to Dismiss/Lack of Jurisdiction filed by F.A.C.E. Trading, Inc.. (Attachments: # 1 Affidavit Declaration of Michael Millsap)(Baker, Geoffrey) (Entered: 10/25/2005) | |||
| 2005-10-26 | 9 | 0 | MOTION for preliminary injunction by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 10/26/2005) | |||
| 2005-10-26 | 10 | 0 | MEMORANDUM in support re 9 Motion for preliminary injunction filed by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 10/26/2005) | |||
| 2005-10-26 | 11 | 0 | DECLARATION of Michael Millsap re 10 Memorandum in support, 9 MOTION for preliminary injunction by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit Exhibits 1-3# 2 Exhibit Exhibits 4-6# 3 Exhibit Exhibits 7-10)(Baker, Geoffrey) (Entered: 10/26/2005) | |||
| 2005-10-27 | 12 | 0 | MOTION to appear pro hac vice by Don R. Lolli and Patrick James Kaine by on behalf of Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Cocotas, Vivian) Modified on 10/28/2005, to add attorneys names (eec ). (Entered: 10/27/2005) | |||
| 2005-10-31 | 13 | 0 | MOTION for partial summary judgment on Defendant Famiano's and EWP's Second and Sixth Affirmative Defenses by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 10/31/2005) | |||
| 2005-10-31 | 14 | 0 | MOTION to strike 5 Answer to complaint, 6 Answer to complaint Defendant Famiano's and Defendant EWP's First and Seventh Affirmative Defenses by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 10/31/2005) | |||
| 2005-11-02 | 15 | 0 | ENDORSED ORDER granting 12 Motion to Appear pro hac vice by Don R. Lolli and Patric James Kaine with John M. Murray designated as local counsel. Signed by Judge Thomas B. McCoun III on 11/2/2005. (as) (Entered: 11/02/2005) | |||
| 2005-11-14 | 16 | 0 | MEMORANDUM in opposition re 14 Motion to strike affirmative defenses # 1 and 7 filed by Frank Famiano, East-West Partners, Inc.. (Cocotas, Vivian) (Entered: 11/14/2005) | |||
| 2005-11-14 | 17 | 0 | REPLY to response to motion re 7 MOTION to Dismiss for Lack of Jurisdiction filed by Universal Manufacturing Co.. (Cocotas, Vivian) (Entered: 11/14/2005) | |||
| 2005-11-14 | 18 | 0 | First MOTION to extend time to respond to Plaintiff's Motion for Preliminary Injunction by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Cocotas, Vivian) (Entered: 11/14/2005) | |||
| 2005-11-14 | 19 | 0 | First MOTION for leave to file a reply in Support of Universal Manufacturing Co.'s Motion to Dismiss for Lack of Personal Jurisdiction by Universal Manufacturing Co.. (Cocotas, Vivian) (Entered: 11/14/2005) | |||
| 2005-11-14 | 20 | 0 | NOTICE by Frank Famiano, East-West Partners, Inc. re 13 MOTION for partial summary judgment on Defendant Famiano's and EWP's Second and Sixth Affirmative Defenses withdrawing Defendants' Second and Sixth Affirmative Defenses (Cocotas, Vivian) (Entered: 11/14/2005) | |||
| 2005-11-15 | 21 | 0 | RESPONSE in opposition re 18 First MOTION to extend time to respond to Plaintiff's Motion for Preliminary Injunction filed by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 11/15/2005) | |||
| 2005-11-21 | 22 | 0 | MOTION for leave to file a reply in support of Motion for Enlargement of Time to repond to Plaintiffs' Motion for a Preliminary Injunction by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Attachments: # 1)(Cocotas, Vivian) (Entered: 11/21/2005) | |||
| 2005-11-23 | 23 | 0 | ORDER referring 7 --UMC's motion to dismiss, and 9 --plaintiffs' motion for preliminary injunction, to Magistrate Judge McCoun for a report and recommendation; referring 18 --motion for enlargement of time to respond, and 19 --motion to reply, to Magistrate Judge McCoun for disposition; denying as moot 13 --plaintiffs' motion for summary judgment; denying 14 --plaintiffs' motion to strike. Signed by Judge Steven D. Merryday on 11/23/2005. (BK) (Entered: 11/23/2005) | |||
| 2005-12-05 | 24 | 0 | MEMORANDUM in opposition re 9 Motion for preliminary injunction filed by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Attachments: # 1 Exhibit 1, Affidavit of Joseph Wilner# 2 Exhibit 1-A, March 20, 1998, Memorandum of Wilner# 3 Exhibit 1-B, Promotional Materials for Phone Tabs# 4 Exhibit 1-C, Letter from Hirsch Pennsylvania Dept of Revenue# 5 Exhibit 2, F.A.C.E. Trading v. Carter, Indiana Appellate Court Opinion dated January 20, 2005# 6 Exhibit 3, AD-TABS License Alert dated September 28, 2004# 7 Exhibit 4, Sniezek and F.A.C.E. Trading v. Colorado Dept Revenue# 8 Exhibit 6, F.A.C.E.'s Appellate Brief in F.A.C.E. v. Carter, et. al.# 9 Exhibit 7, F.A.C.E.'s Reply Brief in F.A.C.E. v. Carter et.al.# 10 Exhibit 8, Reproduction of Defendants' Beetle Bailey card# 11 Exhibit 9, Reproduction of Defendants' Race To Win Card# 12 Exhibit 10, Plaintiffs' Beetle Bailey Card# 13 Exhibit 11, Plaintiffs' Race To Victory Card# 14 Exhibit 12, Affidavit of Scott Breeding# 15 Exhibit 13, Affidavit of Famiano)(Murray, John) (Entered: 12/05/2005) | |||
| 2005-12-07 | 25 | 0 | ORDER granting 18 Defendants' Motion for Englargement of Time to Respond to Plaintiff's Motion for Preliminary Injunction; denying as moot 22 Defendants' motion to file a reply in support of its motion for extension of time. ORAL ARGUMENT on Defendant's Motion to Dismiss 7 and Plaintiffs' Motion for a Preliminary Injunction 9 is scheduled for December 15, 2005, 2:00 p.m. in Courtroom 12B of the United States District Court, Sam M. Gibbons United States Courthouse, 801 N. Florida Avenue, Tampa, Florida. Signed by Judge Thomas B. McCoun III on 12/7/2005. (as) (Entered: 12/07/2005) | |||
| 2005-12-07 | 26 | 0 | CASE MANAGEMENT REPORT. (Murray, John) (Entered: 12/07/2005) | |||
| 2005-12-09 | 27 | 0 | MOTION for protective order Regarding Uncoordinatd Deposition of Famiano by all defendants. (Attachments: # 1 Exhibit 1, Excerpts Case Management Report# 2 Exhibit 2, Notice of Taking Deposition# 3 Exhibit 3, E-mail correspondence from Dowell dated December 6, 2005)(Murray, John) (Entered: 12/09/2005) | |||
| 2005-12-14 | 28 | 0 | ENDORSED ORDER granting 19 Defendant Universal's Motion for Leave to File Reply in Support of Motion to Dismiss. (Reply previously entered as Doc. 17.) Signed by Judge Thomas B. McCoun III on 12/14/2005. (as) (Entered: 12/14/2005) | |||
| 2005-12-14 | 29 | 0 | RESPONSE in opposition re 27 MOTION for protective order Regarding Uncoordinatd Deposition of Famiano filed by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 12/14/2005) | |||
| 2005-12-14 | 30 | 0 | MEMORANDUM in support re 7 Motion to Dismiss/Lack of Jurisdiction (Supplemental) filed by Universal Manufacturing Co.. (Attachments: # 1 Exhibit 12-Affidavit of Scott Breeding)(Lolli, Don) (Entered: 12/14/2005) | |||
| 2005-12-15 | 31 | 0 | ORDER granting Tony Dowell permission to bring a laptop and projector into courthouse for hearing on 12/15/2005. Signed by Judge Thomas B. McCoun III on 12/15/2005. (src) (Entered: 12/15/2005) | |||
| 2005-12-15 | 32 | 0 | ORDER granting 27 Defendant's Motion for Protective Order Regarding Uncoordinated Deposition (Doc. 27). The parties are directed to confer and agree upon a mutually convenient date and time to conduct the deposition of Famiano within 30 days from the date of this order. Signed by Judge Thomas B. McCoun III on 12/15/2005. (as) (Entered: 12/15/2005) | |||
| 2005-12-15 | 33 | 0 | MINUTE ENTRY for proceedings held before Judge Thomas B. McCoun III: Motion Hearing held on 12/15/2005 re 7 Motion to Dismiss for Lack of Jurisdiction filed by Universal Manufacturing Co., 9 Motion for Preliminary Injunction filed by F.A.C.E. Trading, Inc. (DIGITAL) (as) (Entered: 12/15/2005) | |||
| 2005-12-28 | 34 | 0 | ORDER setting preliminary pretrial. Preliminary Pretrial Conference set for 1/26/2006 10:00 AM in Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Signed by Judge Steven D. Merryday on 12/28/2005. (maa) (Entered: 12/28/2005) | |||
| 2005-12-29 | 35 | 0 | EXHIBIT LIST by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc. regarding exhibit admitted at hearing on 12/15/2005. Prepared and entered by courtroom deputy.(src) (Entered: 12/29/2005) | |||
| 2006-01-06 | 36 | 0 | AMENDED NOTICE OF HEARING amending 34 . At the request of counsel, the Preliminary Pretrial Conference is rescheduled to January 10, 2006, 3:00 p.m. in Courtroom 12B before Magistrate Judge Thomas B. McCoun III. (as) (Entered: 01/06/2006) | |||
| 2006-01-09 | 37 | 0 | ANSWER to court interrogatories by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Lolli, Don) (Entered: 01/09/2006) | |||
| 2006-01-10 | 38 | 0 | MINUTE ENTRY for proceedings held before Judge Thomas B. McCoun III: PRELIMINARY PRETRIAL CONFERENCE held on 1/10/2006. (DIGITAL) (src) (Entered: 01/10/2006) | |||
| 2006-01-10 | 39 | 0 | REPORT on Preliminary Pretrial Conference. Signed by Judge Thomas B. McCoun III on 1/10/2006. (as) (Entered: 01/10/2006) | |||
| 2006-01-10 | 40 | 0 | REPORT AND RECOMMENDATION recommending that the court deny 7 Universal's Motion to Dismiss for Lack of Jurisdiction and grant in part and deny in part 9 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Thomas B. McCoun III on 1/10/2006. (as) (Entered: 01/10/2006) | |||
| 2006-01-12 | 41 | 0 | NOTICE by Frank Famiano, East-West Partners, Inc. Certificate of Service (Frank Famiano and East-West Partners, Inc.'s Responses to First Set of Interrogatories and First Set of Document Requests) (Lolli, Don) Modified on 1/13/2006, DISCOVERY MATERIAL, COUNSEL NOTIFIED ABOUT THE FILING OF SUCH MATERIAL (eec ). (Entered: 01/12/2006) | |||
| 2006-01-12 | 42 | 0 | NOTICE by Universal Manufacturing Co. Certificate of Service (Universal Manufacturing Co.'s Responses to First Set of Interrogatories and First Set of Document Requests) (Lolli, Don) Modified on 1/13/2006, DISCOVERY MATERIAL, COUNSEL NOTIFIED ABOUT THE FILING OF SUCH MATERIAL (eec ). (Entered: 01/12/2006) | |||
| 2006-01-13 | 43 | 0 | NOTICE by Frank Famiano, East-West Partners, Inc. Amended Certificate of Service (Famiano and East-West Partners, Inc.'s Responses to First Set of Interrogatories and First Set of Document Requests) (Lolli, Don) Modified on 1/13/2006, DISCOVERY MATERIAL, COUNSEL NOTIFIED ABOUT THE FILING OF SUCH MATERIAL (eec ). (Entered: 01/13/2006) | |||
| 2006-01-13 | 44 | 0 | NOTICE by Universal Manufacturing Co. Amended Certificate of Service (Universal Manufacturing Co.'s Responses to First Set of Interrogatories and First Set of Document Requests) (Lolli, Don) Modified on 1/13/2006, DISCOVERY MATERIAL, COUNSEL NOTIFIED ABOUT THE FILING OF SUCH MATERIAL (eec ). (Entered: 01/13/2006) | |||
| 2006-01-23 | 45 | 0 | MEMORANDUM in opposition re 40 Report and recommendation, filed by F.A.C.E. Trading, Inc.. (Baker, Geoffrey) (Entered: 01/23/2006) | |||
| 2006-01-27 | 46 | 0 | NOTICE of exhibits placed in the exhibit room (evidentiary hearing - 1 envelope) (jlh, ) (Entered: 01/30/2006) | |||
| 2006-01-30 | 47 | 0 | OBJECTION to 40 Report and Recommendations by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Lolli, Don) (Entered: 01/30/2006) | |||
| 2006-01-31 | 48 | 0 | CASE MANAGEMENT AND SCHEDULING ORDER: Joinder of Parties due by 3/17/2006. Discovery due by 9/22/2006. Dispositive motions due by 10/20/2006. Final Pretrial Conference set for 12/14/2006 10:00 AM in Courtroom 12 B before Magistrate Judge Thomas B. McCoun III. Jury Trial set for trial term commencing 2/5/2007 before Judge Steven D. Merryday. Signed by Judge Steven D. Merryday on 1/31/2006. (maa) (Entered: 01/31/2006) | |||
| 2006-02-03 | 49 | 0 | ORDER REFERRING CASE to mediation before Jonathan C. Koch, Mediator. Lead counsel Geoffrey A. Baker to coordinate dates and file a Notice of Mediation within twenty days. Mediation shall be conducted on or before June 23, 2006. Signed by Judge Steven D. Merryday on 2/3/2006. (maa) (Entered: 02/03/2006) | |||
| 2006-02-06 | 50 | 0 | OBJECTION to 40 Report and Recommendations (Supplemental) by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Lolli, Don) (Entered: 02/06/2006) | |||
| 2006-02-10 | 51 | 0 | TRANSCRIPT of motion hearing held on 12/15/05 before Judge Thomas B. McCoun, III. Court Reporter: Kerry Brennan. (eec ) (Entered: 02/14/2006) | |||
| 2006-02-14 | 52 | 0 | TRANSCRIPT of Motion to dismiss and Motin for preliminary injunction held on 12/15/05 before Judge Thomas B. McCoun, III. Court Reporter: Dennis Miracle. (jmg) (Entered: 02/15/2006) | |||
| 2006-02-16 | 53 | 0 | RESPONSE re 47 Objection to Report and Recommendations filed by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit Ex. 1 - Transcript of 12-15-05 Hearing# 2 Exhibit Ex. 2 - News Article)(Baker, Geoffrey) (Entered: 02/16/2006) | |||
| 2006-02-16 | 54 | 0 | RESPONSE re 50 Objection to Report and Recommendations filed by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit Ex. 1 - Transcript of 12-15-06 Hearing# 2 Exhibit Ex. 2 - Injunction Bond)(Baker, Geoffrey) (Entered: 02/16/2006) | |||
| 2006-02-23 | 55 | 0 | NOTICE by F.A.C.E. Trading, Inc. re 49 Order referring case to mediation, (Baker, Geoffrey) (Entered: 02/23/2006) | |||
| 2006-03-08 | 56 | 0 | ORDER overruling objections to report and recommendation; adopting 40 --REPORT AND RECOMMENDATION; denying 7 --Universal's motion to dismiss; approving in part 45 --proposed modification to injunction; granting, with modification, 9 --motion for preliminary injunction; PRELIMINARY INJUNCTION directed to Frank Famiano, East-West Partners, Inc., Universal Manufacturing Company, et al. (see order for details); plaintiffs shall post a $10,000 bond in a form approved by the Clerk of the Court. Signed by Judge Steven D. Merryday on 3/8/2006. (BK) (Entered: 03/08/2006) | |||
| 2006-03-10 | 57 | 0 | NOTICE of Filing injunction bond and power of attorney re 56 Order Adopting Report and Recommendations (eec ) (Entered: 03/13/2006) | |||
| 2006-03-17 | 58 | 0 | ANSWER to complaint with Jury Demand, COUNTERCLAIM against F.A.C.E. Trading, Inc. by Universal Manufacturing Co.. (Attachments: # 1 Exhibit 1 - Promissory Note# 2 Exhibit 2 - Security Agreement)(Lolli, Don) (Entered: 03/17/2006) | |||
| 2006-03-17 | 59 | 0 | Joint MOTION to extend time to Join Third Parties by all plaintiffs. (Baker, Geoffrey) (Entered: 03/17/2006) | |||
| 2006-03-24 | 60 | 0 | MOTION to amend/correct 58 Answer to complaint, Counterclaim by Universal Manufacturing Co.. (Attachments: # 1 Exhibit 1 - Amended Answer# 2 Exhibit 1 to Amended Answer and Counterclaim# 3 Exhibit 2 to Amended Answer and Counterclaim# 4 Exhibit 3 to Amended Answer and Counterclaim)(Lolli, Don) (Entered: 03/24/2006) | |||
| 2006-03-24 | 61 | 0 | MOTION to amend/correct 1 Complaint, by all plaintiffs. (Attachments: # 1 Exhibit Amended Complaint# 2 # 3 # 4)(Baker, Geoffrey) (Entered: 03/24/2006) | |||
| 2006-03-27 | 62 | 0 | ENDORSED ORDER granting 59 --joint motion to extend to 3/24/2006 the deadline within which to move to join third parties. Signed by Judge Steven D. Merryday on 3/27/2006. (BK) (Entered: 03/27/2006) | |||
| 2006-03-29 | 63 | 0 | Joint MOTION for protective order (Stipulated) by all parties. (Attachments: # 1)(Lolli, Don) (Entered: 03/29/2006) | |||
| 2006-04-03 | 64 | 0 | ORDER approving 63 Stipulated Protective Order. Signed by Judge Thomas B. McCoun III on 4/3/2006. (as) (Entered: 04/03/2006) | |||
| 2006-04-10 | 65 | 0 | RESPONSE to motion re 61 MOTION to amend/correct 1 Complaint, filed by Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co.. (Lolli, Don) (Entered: 04/10/2006) | |||
| 2006-04-12 | 66 | 0 | ORDER granting 60 --motion to amend answer and counterclaim; granting 61 --motion to amendcomplaint. Clerk shall file amended documents submitted with Docs. 60 and 61. Signed by Judge Steven D. Merryday on 4/11/2006. (BK) (Entered: 04/12/2006) | |||
| 2006-04-12 | 67 | 0 | AMENDED COMPLAINT by F.AC.E. Trading, Inc., and Adam's Enterprise, Inc., against Frank Famiano, East-West Partners, Inc., Universal Manufacturing Co., TBG Vending, Inc., Beach One Telecom, Inc., and M & S Vending, Inc. (Attachments: # 1 # 2 # 3). Jury demand. (BK) (Entered: 04/12/2006) | |||
| 2006-04-12 | 68 | 0 | ANSWER to amended complaint and COUNTERCLAIM by Universal Manufacturing Co. against Sandra Mitchell and F.A.C.E. Trading, Inc. Jury demand.(BK) (Entered: 04/12/2006) | |||
| 2006-04-18 | 69 | 0 | MEDIATION REPORT Hearing held on April 10, 2006 Hearing outcome: Impasse(Koch, Jonathan) (Entered: 04/18/2006) | |||
| 2006-04-18 | 70 | 0 | MEDIATION REPORT Hearing held on April 10, 2006 Hearing outcome: impasse(Koch, Jonathan) (Entered: 04/18/2006) | |||
| 2006-05-16 | 71 | 0 | DEFENDANT UNIVERSAL MANUFACTURING CO.'S ANSWER to amended complaint and, COUNTERCLAIM against all plaintiffs by Universal Manufacturing Co..(Gibbs, Jon) (Entered: 05/16/2006) | |||
| 2006-05-16 | 72 | 0 | MOTION for Don R. Lolli and Patrick J. Kaine and John M. Murray and Vivian P. Cocotas to withdraw as attorney for Frank Famiano and East-West Partners, Inc. by Frank Famiano, East-West Partners, Inc.. (Attachments: # 1 Exhibit 1 - letter from Sierra to Dowell)(Lolli, Don) (Entered: 05/16/2006) | |||
| 2006-05-17 | 73 | 0 | MOTION for John M. Murray,Vivian P. Cocotas,Don R. Lolli,Patrick J. Kaine to withdraw as attorney by Universal Manufacturing Co.. (Attachments: # 1 Exhibit 1)(Lolli, Don) (Entered: 05/17/2006) | |||
| 2006-05-18 | 74 | 0 | NOTICE by Universal Manufacturing Co. of Withdrawal and Substitution of Local Counsel (Gibbs, Jon) Modified on 5/19/2006, NO ATTORNEY/PARTY ASSOCIATION, COUNSEL NOTIFIED AND WILL REFILE (eec ). (Entered: 05/18/2006) | |||
| 2006-05-18 | 75 | 0 | APPEARANCE of non-resident counsel and designation of local counsel by Jon M. Gibbs on behalf of Universal Manufacturing Co.. Local Counsel: Joseph E. Foster and Jon M. Gibbs. Non-Resident Counsel: William A. Rudy, David R. Barnard, and R. Cameron Garrison. (Attachments: # 1 Exhibit A - Motion to Withdraw# 2 Exhibit B - Notice of Withdrawal and Substitution of Local Counsel)(Gibbs, Jon) (Entered: 05/18/2006) | |||
| 2006-05-16 | 76 | 0 | ANSWER to amended complaint by Frank Famiano, East-West Partners, Inc.(eec ) (Entered: 05/18/2006) | |||
| 2006-05-23 | 77 | 0 | Unopposed MOTION to substitute attorney by Universal Manufacturing Co.. (Gibbs, Jon) (Entered: 05/23/2006) | |||
| 2006-05-30 | 78 | 0 | ORDER granting 72 --Don R. Lolli and Patrick J. Kaine's motion to withdraw as counsel for Frank Famiano and East-West Partners, Inc. granting 77 --Universal Manufacturing's motion to substitute LATRHROP & GAGE L.C. and William A. Rudy, David R. Barnard, and R. Cameron Garrison as lead counsel in place of Dysart Taylor Lay Cotter & McMonigle, P.C. and Don R. Lolli and Patrick J. Kaine; Universal Manufacturing's motion to substitute AKERMAN SENTERFITT and J. Edward Foster and John M. Gibbs as local counsel in place of Murray, Marin & Herman, P.A., and John M. Murray. denying as moot 73 --motion to withdraw as counsel for Universal Manufacturing by Don R. Lolli, Patrick J. Kaine, John M. Murray, and Vivian P. Cocotas. Signed by Judge Steven D. Merryday on 5/30/2006. (BK) (Entered: 05/30/2006) | |||
| 2006-05-30 | 79 | 0 | AMENDED ORDER (See Doc. 78 ): granting 72--motion to withdraw as counsel for Frank Famiano and East-West Partners, Inc. by Don R. Lolli, Patrick J. Kaine, John M. Murray, and Vivian P. Cocotas. granting 77--Universal Manufacturing's motion to substitute LATRHROP & GAGE L.C. and William A. Rudy, David R. Barnard, and R. Cameron Garrison as lead counsel in place of Dysart Taylor Lay Cotter & McMonigle, P.C. and Don R. Lolli and Patrick J. Kaine; Universal Manufacturing's motion to substitute AKERMAN SENTERFITT and J. Edward Foster and John M. Gibbs as local counsel in place of Murray, Marin & Herman, P.A., and John M. Murray. denying as moot 73--motion to withdraw as counsel for Universal Manufacturing by Don R. Lolli, Patrick J. Kaine, John M. Murray, and Vivian P. Cocotas. Signed by Judge Steven D. Merryday on 5/30/2006. (BK) (Entered: 05/30/2006) | |||
| 2006-05-30 | 80 | 0 | Summons issued as to TBG Vending Inc., Beach One Telecom, Inc., M & S Vending, Inc. (eec ) (Entered: 05/31/2006) | |||
| 2006-06-07 | 81 | 0 | NOTICE of filing attorney admission application of Attorney Christopher M. Sierra by Frank Famiano, East-West Partners, Inc. (CH) (Entered: 06/12/2006) | |||
| 2006-06-12 | 82 | 0 | MOTION to dismiss Unfair Competition and Antitrust Counterclaims by all plaintiffs. (Baker, Geoffrey) (Entered: 06/12/2006) | |||
| 2006-06-12 | 83 | 0 | MEMORANDUM in support re 82 Motion to dismiss Unfair Competition and Antitrust Counterclaims filed by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit Exhibits 1-5)(Baker, Geoffrey) (Entered: 06/12/2006) | |||
| 2006-06-13 | 84 | 0 | Summons issued as to Sandra Mitchell. (cda) (Entered: 06/14/2006) | |||
| 2006-06-19 | 85 | 0 | MOTION for summary judgment Partial Summary Judgment and Memorandum of Legal Authority by Universal Manufacturing Co.. (Garrison, Robert) (Entered: 06/19/2006) | |||
| 2006-06-19 | 86 | 0 | AFFIDAVIT of Kimberley McElyea re: 85 MOTION for summary judgment Partial Summary Judgment and Memorandum of Legal Authority by Universal Manufacturing Co.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Garrison, Robert) (Entered: 06/19/2006) | |||
| 2006-06-19 | 87 | 0 | NOTICE by Universal Manufacturing Co. re 86 Affidavit, of filing of Certificate of Service (Garrison, Robert) (Entered: 06/19/2006) | |||
| 2006-06-29 | 88 | 0 | MEMORANDUM in opposition re 82 Motion to dismiss Counts V through VII of Universal's Counterclaims filed by Universal Manufacturing Co.. (Attachments: # 1 Appendix Universal Answer to First Amended Complaint and Amended Counterclaims)(Garrison, Robert) Modified on 6/30/2006 (mrh). Modified on 6/30/2006 (mrh). (Entered: 06/29/2006) | |||
| 2006-07-02 | 89 | 0 | RETURN of service executed on 06/21/06 by Universal Manufacturing Co. as to Sandra Mitchell. (Gibbs, Jon) (Entered: 07/02/2006) | |||
| 2006-07-03 | 90 | 0 | MEMORANDUM in opposition re 85 Motion for summary judgment filed by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 07/03/2006) | |||
| 2006-07-03 | 91 | 0 | AFFIDAVIT re: 90 Memorandum in opposition of Sandra K. Mitchell by F.A.C.E. Trading, Inc.. (Attachments: # 1 Exhibit)(Dowell, Anthony) (Entered: 07/03/2006) | |||
| 2006-07-05 | 92 | 0 | Defendant's M&S Vending's ANSWER and affirmative defenses to complaint, First COUNTERCLAIM against F.A.C.E. Trading, Inc. by M & S Vending, Inc..(Verona, Jay) (Entered: 07/05/2006) | |||
| 2006-07-05 | 93 | 0 | ORDER referring motions to Magistrate Judge McCoun: 85 --motion for summary judgment (referred for disposition if denied or granted without prejudice and referred for report and recommendation if granted with prejudice); 82 --motion to dismiss (referred for disposition if denied and referred for report and recommendation if granted). Signed by Judge Steven D. Merryday on 7/5/2006. (BK) (Entered: 07/05/2006) | |||
| 2006-07-05 | 94 | 0 | MOTION for sanctions by all plaintiffs. (Attachments: # 1 Exhibit 1-2# 2 Exhibit 3-4)(Dowell, Anthony) (Entered: 07/05/2006) | |||
| 2006-07-07 | 95 | 0 | ORDER referring motion to Magistrate Judge McCoun: 94 --for disposition if denied and for report and recommendation if granted. Signed by Judge Steven D. Merryday on 7/6/2006. (BK) (Entered: 07/07/2006) | |||
| 2006-07-10 | 96 | 0 | MOTION for leave to file Reply in Support of its Motion for Partial Summary Judgment by Universal Manufacturing Co.. (Garrison, Robert) (Entered: 07/10/2006) | |||
| 2006-07-11 | 97 | 0 | MOTION to amend/correct 96 MOTION for leave to file Reply in Support of its Motion for Partial Summary Judgment by Universal Manufacturing Co.. (Garrison, Robert) (Entered: 07/11/2006) | |||
| 2006-07-11 | 98 | 0 | MOTION for issuance of order to show cause why Defendants should not be held in contempt by all plaintiffs. (Dowell, Anthony) (Entered: 07/11/2006) | |||
| 2006-07-11 | 99 | 0 | MEMORANDUM in support re 98 Motion for order to show cause why Defendants should not be held in contempt filed by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc. (Dowell, Anthony) (Entered: 07/11/2006) | |||
| 2006-07-11 | 100 | 0 | DECLARATION of Joe Winter re 99 Memorandum in support, 98 MOTION for issuance of order to show cause why Defendants should not be held in contempt by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc.. (Dowell, Anthony) (Entered: 07/11/2006) | |||
| 2006-07-11 | 101 | 0 | DECLARATION of John Klein re 99 Memorandum in support, 98 MOTION for issuance of order to show cause why Defendants should not be held in contempt by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc.. (Dowell, Anthony) (Entered: 07/11/2006) | |||
| 2006-07-11 | 102 | 0 | MOTION for issuance of order to show cause PROPOSED Order by all plaintiffs. (Dowell, Anthony) Modified on 7/12/2006, ENTRY ERROR - NOT A MOTION, COUNSEL NOTIFIED (eec ). (Entered: 07/11/2006) | |||
| 2006-07-14 | 103 | 0 | ANSWER and affirmative defenses to complaint with Jury Demand, COUNTERCLAIM against F.A.C.E. Trading, Inc., Adam's Enterprise, Inc. by Beach One Telecom, Inc. (RFM) (Entered: 07/17/2006) | |||
| 2006-07-24 | 104 | 0 | MEMORANDUM in opposition re 94 Motion for sanctions filed by Universal Manufacturing Co.. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H)(Garrison, Robert) (Entered: 07/24/2006) | |||
| 2006-07-25 | 105 | 0 | ANSWER to counterclaim of M & S Vending, Inc. by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc.. Related document: 92 Answer to complaint, Counterclaim filed by M & S Vending, Inc.,.(Dowell, Anthony) (Entered: 07/25/2006) | |||
| 2006-07-26 | 106 | 0 | MOTION for Extension of Time to File Response/Reply as to 98 MOTION for issuance of order to show cause why Defendants should not be held in contempt by Universal Manufacturing Co.. (Attachments: # 1 Exhibit A-E)(Garrison, Robert) (Entered: 07/26/2006) | |||
| 2006-07-27 | 107 | 0 | RESPONSE in opposition re 106 MOTION for Extension of Time to File Response/Reply as to 98 MOTION for issuance of order to show cause why Defendants should not be held in contempt filed by F.A.C.E. Trading, Inc.. (Dowell, Anthony) (Entered: 07/27/2006) | |||
| 2006-07-27 | 108 | 0 | MOTION for summary judgment Partial on 35 USC Sec 102 Invalidity and Inequitable Conduct and Memorandum of Legal Authority in Support by Universal Manufacturing Co.. (Attachments: # 1 Exhibit A-U.S. Pat. 6,340,179# 2 Exhibit B-Melody Smith Declaration# 3 Exhibit B-Exh 1 to Smith Dec# 4 Exhibit B-Exh 2 to Smith Dec# 5 Exhibit B-Exh 3 to Smith Dec# 6 Exhibit B-Exh 4 to Smith Dec# 7 Exhibit B-Exh 5 to Smith Dec# 8 Exhibit B-Exh 6.1 to Smith Dec# 9 Exhibit B-Exh 6.2 to Smith Dec# 10 Exhibit C# 11 Exhibit D# 12 Exhibit E)(Garrison, Robert) (Entered: 07/27/2006) | |||
| 2006-07-28 | 109 | 0 | ORDER granting 98 --motion for order to show cause; denying 106 --motion for extension of time to file response/reply. Universal, Famiano, and East-West shall appear at SHOW CAUSE HEARING--8/7/2006 at 10:30 a.m. in Courtroom 15A. Signed by Judge Steven D. Merryday on 7/28/2006. (BK) (Entered: 07/28/2006) | |||
| 2006-07-31 | 110 | 0 | MOTION for leave to file Additional Declaratory Evidence to Show Defendants' Contempt of Court by all plaintiffs. (Dowell, Anthony) (Entered: 07/31/2006) | |||
| 2006-08-03 | 111 | 0 | MEMORANDUM in opposition re 110 Motion for leave to file Additional Declaratory Evidence filed by Universal Manufacturing Co.. (Barnard, David) (Entered: 08/03/2006) | |||
| 2006-08-03 | 112 | 0 | NOTICE of Appearance by Margaret Diane Mathews on behalf of Universal Manufacturing Co., Universal Manufacturing Co., Universal Manufacturing Co., Universal Manufacturing Co. (Mathews, Margaret) (Entered: 08/03/2006) | |||
| 2006-08-03 | 113 | 0 | MOTION to dismiss Counts II-IV of Beach One's Counterclaims by all plaintiffs. (Dowell, Anthony) (Entered: 08/03/2006) | |||
| 2006-08-03 | 114 | 0 | MOTION to allow electronic equipment, specifically Vending Machines and Computers by Universal Manufacturing Co.. (Barnard, David) (Entered: 08/03/2006) | |||
| 2006-08-04 | 115 | 0 | ORDER granting Universal Manufacturing Co.'s motion 114 to allow laptop computer into the courthouse and denying 114 motion to allow vending machines into the courthouse. Signed by Judge Steven D. Merryday on 8/4/2006. (BK) (Entered: 08/04/2006) | |||
| 2006-08-06 | 116 | 0 | MOTION to allow electronic equipment, specifically Laptop Computer by all plaintiffs. (Dowell, Anthony) (Entered: 08/06/2006) | |||
| 2006-08-07 | 117 | 0 | ORDER granting 116 --motion to allow laptop computer into the courthouse. Signed by Judge Steven D. Merryday on 8/7/2006. (BK) (Entered: 08/07/2006) | |||
| 2006-08-07 | 118 | 0 | MINUTE ENTRY for proceedings held before Judge Steven D. Merryday: Show Cause/Motion Hearing held on 8/7/2006 re 110 MOTION for leave to file Additional Declaratory Evidence to Show Defendants' Contempt of Court filed by F.A.C.E. Trading, Inc., Adam's Enterprise, Inc. Court Reporter: Kerry Brennan. (maa) (Entered: 08/07/2006) | |||
| 2006-08-07 | 119 | 0 | ORAL ORDER denying 110 Plaintiffs' Motion for leave to file additional declaratory evidence to show defendants' contempt of court -- Ruling by Judge Steven D. Merryday on 8/7/2006. (maa) (Entered: 08/07/2006) | |||
| 2006-08-07 | 120 | 0 | EXHIBIT LIST by defendants. (maa) (Entered: 08/08/2006) | |||
| 2006-08-07 | 121 | 0 | MEMORANDUM in opposition re 110 Motion for leave to file filed by Frank Famiano, East-West Partners, Inc. (eec ) (Entered: 08/08/2006) | |||
| 2006-08-07 | 122 | 0 | NOTICE of exhibits placed in the exhibit room (motion/show cause hearing - 1 folder)(jlh, ) (Entered: 08/09/2006) | |||
| 2006-08-21 | 123 | 0 | ORDER dismissing action without prejudice. The Clerk shall TERMINATE any pending motion and CLOSE the case. Signed by Judge Steven D. Merryday on 8/21/2006. (BK) (Entered: 08/21/2006) | |||
| 2006-08-21 | 124 | 0 | MEDIATION REPORT Hearing held on August 7-8, 2005 Hearing outcome: Settled(Koch, Jonathan) (Entered: 08/21/2006) | |||
| 2006-10-20 | 125 | 0 | NOTICE by Universal Manufacturing Co. re 123 Order filing of Stipulated Judgment (Attachments: # 1 Exhibit A - Settlement Agreement)(Garrison, Robert) (Entered: 10/20/2006) | |||
| 2006-10-24 | 126 | 0 | INJUNCTION/JUDGMENT. Adopting 125 --joint stipulation for final judgment, dismissing without prejudice counts 4 and 5 of 71 , count 1 of 92 , and counts 1 and 2 of 103 . All other claims and counterclaims are dismissed with prejudice. See order for details. The court retains jurisdiction for the limited purpose of enforcing the permanent injunction; the court declines to retain jurisdiction to enforce the settlement agreement. Signed by Judge Steven D. Merryday on 10/24/2006. (BK) (Entered: 10/24/2006) | |||
| 2006-10-25 | 127 | 0 | MOTION to compel Payment of Mediator's Fee by Jonathan C. Koch. (Attachments: # 1 Exhibit Mediation Statement to FACE Trading)(Koch, Jonathan) Motions referred to Magistrate Judge Thomas B. McCoun, III. (Entered: 10/25/2006) | |||
| 2006-10-27 | 128 | 0 | ORDER TO SHOW CAUSE directed to F.A.C.E. Trading. By 11/3/2006 plaintiff shall either pay mediator and file a notice that it has done so or show cause why it should not be held in contempt. Signed by Judge Steven D. Merryday on 10/27/2006. (BK) (Entered: 10/27/2006) | |||
| 2006-11-06 | 129 | 0 | NOTICE by F.A.C.E. Trading, Inc. re 128 Order to show cause, Notice of Payment of Mediator's Fee (Dowell, Anthony) (Entered: 11/06/2006) | |||
| 2006-12-07 | 130 | 0 | ORDER - pursuant to the plaintffs' notice 129 of payment of the mediator's fee, the mediator's motion 127 to compel payment is DENIED AS MOOT. Signed by Judge Steven D. Merryday on 12/7/2006. (maa) (Entered: 12/07/2006) | |||
| 2007-10-26 | 131 | 0 | PLAINTIFF AND DEFENDANT EXHIBITS: The records in this case indicate that this case was disposed of more than thirty (30) days ago. The records also indicate that the Clerk's Office is in possession of various exhibits used during the proceedings.Pursuant to Local Rule 5.04, you are notified that you have thirty (30) days to contact the Clerk's Office to arrange for the removal of the exhibits from the custody of the Clerk's Office, or the exhibits will be destroyed, as permitted by Local Rule 5.04. (jlh, ) (Entered: 10/26/2007) | |||
| 2007-11-30 | 132 | 0 | CLERK'S certificate of destruction of exhibits and/or exhibit substitutes as to F.A.C.E. Trading, Inc., Frank Famiano et al (JLH) (Entered: 11/30/2007) |