| Court: | flmd |
| Docket #: | 8:10-cv-02294 |
| Case Name: | Frontier Devices Inc v. minSURG Corporation Inc et al |
| PACER case #: | 250409 |
| Date filed: | 2010-10-13 |
| Date terminated: | 2011-02-08 |
| Assigned to: | Judge Virginia M. Hernandez Covington |
| Referred to: | Magistrate Judge Elizabeth A. Jenkins |
| Case Cause: | 15:1125 Trademark Infringement (Lanham Act) |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Frontier Devices Inc Plaintiff a Corporation |
Robert Lewis Wolter Charles Brandon Browning Edward S Sledge , IV |
| minSURG Corporation Inc Defendant a Corporation |
Dylan C Black Frank R. Jakes Darren M Franklin Jonathan Cobb Milton Roy Goldberg |
| minSURG International Inc Defendant formerly known asOrthopedic Development Corporation |
Dylan C Black Frank R. Jakes Darren M Franklin Jonathan Cobb Milton Roy Goldberg |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2010-07-02 | 1 | 0 | COMPLAINT against minSURG Corporation Inc, minSURG International Inc (Filing fee $350 Receipt# B4601013784), filed by Frontier Devices Inc.(AVC) [Transferred from alnd on 10/13/2010.] (Entered: 07/02/2010) | |||
| 2010-07-02 | 2 | 0 | Summons Issued as to minSURG Corporation Inc, minSURG International Inc; mailed certified mail. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 07/02/2010) | |||
| 2010-07-12 | 3 | 0 | SUMMONS Returned Executed minSURG Corporation Inc served on 7/9/2010, answer due 7/30/2010; minSURG International Inc served on 7/8/2010, answer due 7/29/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 07/13/2010) | |||
| 2010-07-27 | 4 | 0 | AMENDED COMPLAINT against minSURG Corporation Inc, minSURG International Inc, filed by Frontier Devices Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (Part 1), # 5 Exhibit D (Part 2), # 6 Exhibit D (Part 3))(Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 07/27/2010) | |||
| 2010-07-28 | 5 | 0 | Corporate Disclosure Statement by Frontier Devices Inc. (Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 07/28/2010) | |||
| 2010-07-29 | 6 | 0 | MOTION to Dismiss or in the Alternative to Stay or Transfer by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 07/29/2010) | |||
| 2010-07-29 | 7 | 0 | Brief re 6 MOTION to Dismiss or in the Alternative to Stay or Transfer filed by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 07/29/2010) | |||
| 2010-07-29 | 8 | 0 | AFFIDAVIT in Support re 6 MOTION to Dismiss or in the Alternative to Stay or Transfer Declaration of Frank Scalfaro filed by minSURG Corporation Inc, minSURG International Inc. (Attachments: # 1 Exhibit A to Scalfaro Declaration, # 2 Exhibit B to Scalfaro Declaration, # 3 Exhibit C to Scalfaro Declaration)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 07/29/2010) | |||
| 2010-07-29 | 9 | 0 | Evidentiary Material re: 6 MOTION to Dismiss or in the Alternative to Stay or Transfer, 7 Brief Request for Judicial Notice. (Attachments: # 1 Exhibit A to RJN, # 2 Exhibit B to RJN, # 3 Exhibit C to RJN, # 4 Exhibit D to RJN)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 07/29/2010) | |||
| 2010-08-02 | 10 | 0 | MOTION for Limited Admission for Pro Hac Vice Admission of Roy Goldberg and Darren Franklin by minSURG Corporation Inc, minSURG International Inc. (Attachments: # 1 Exhibit 1 - Goldberg Declaration, # 2 Exhibit 2 - Franklin Declaration)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/02/2010) | |||
| 2010-08-04 | 11 | 0 | ALND UNIFORM INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS-reminding parties of their obligations under FRCP 26(f) and Local Rule LR26.1(d) - with appendices attached. Signed by Judge R David Proctor on 8/4/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 08/04/2010) | |||
| 2010-08-04 | 12 | 0 | TEXT ORDER - This case is before the court on Attorneys M. Roy Goldberg and Darren Franklin's Motion for Admission Pro Hac Vice (Doc. #10), filed August 2, 2010. The Motion is GRANTED. Signed by Judge R David Proctor on 08/04/10. (SFR, ) [Transferred from alnd on 10/13/2010.] (Entered: 08/04/2010) | |||
| 2010-08-05 | 13 | 0 | Corporate Disclosure Statement by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/05/2010) | |||
| 2010-08-06 | 14 | 0 | ORDER re MOTION to Dismiss, or in the Alternative, to Stay or Transfer 6 . The parties SHALL brief the issues raised by Dfts' Motion. Pltf's responsive submission(s) shall be filed no later than seven (7) calendar days after the entry of this order. Dfts' reply submission(s) shall be filed no later than three (3) calendar days after the date on which the Pltf's responsive submission(s) was due. Any non-summary judgment motions filed after the entry of this order SHALL comply with the provisions of Exhibit B without further order from the court. Signed by Judge R David Proctor on 8/6/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 08/06/2010) | |||
| 2010-08-10 | 15 | 0 | TEXT ORDER -The court has been informed that the parties are in agreement that the currently pending Motion to Dismiss (Doc. # 6) is due to be administratively terminated and that Defendant shall file its response to the Amended Complaint on or before August 23, 3010. Therefore, the Clerk of the Court is DIRECTED to ADMINISTRATIVELY TERMINATE the pending Motion to Dismiss (Doc. # 6). Signed by Judge R David Proctor on 8/10/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 08/10/2010) | |||
| 2010-08-10 | 16 | 0 | Emergency MOTION for Preliminary Injunction to Enjoin Defendants from Proceeding with Duplicative Suit in Florida and Requesting the Court Determine Proper Venue Under the First-to-File Rule by Frontier Devices Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 08/10/2010) | |||
| 2010-08-10 | 17 | 0 | TEXT ORDER- This matter is before the court on Plaintiff Frontier Devices, Inc.'s Emergency Motion to Preliminarily Enjoin Defendants from Proceeding with a Duplicative Suit filed in Florida and Requesting that the Court Determine Proper Venue Under the First-to-File Rule (Doc. # 16), filed August 10, 2010. This case is SET for a status conference to discuss the Motion and an appropriate briefing schedule at 10:30 a.m. on Thursday, August 12, 2010, in chambers of the undersigned located at 730 Hugo L. Black United States Courthouse,1729 5th Avenue North, Birmingham, Alabama. Signed by Judge R David Proctor on 8/10/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 08/11/2010) | |||
| 2010-08-12 | 18 | 0 | ORDER- The court conducted a status conference in this matter on August 12, 2010. As a result of the matters discussed at the status conference, the following deadlines SHALL apply: (1) on or before Friday, August 13, 2010, Plaintiff shall file its intended Second Amended Complaint regarding additional patents; (2) on or before Monday, August 23, 2010, Defendants shall file (a) their response to Plaintiff's Second Amended Complaint which is likely to be a renewed motion to dismiss, transfer or stay, and (b) their opposition to Plaintiff's currently pending Emergency Motion to Preliminarily Enjoin Defendants from Proceeding with a Duplicative Suit filed in Florida and Requesting that the Court Determine Proper Venue Under the First-to-File Rule (Doc. # 16); (3) on or before Monday, August 30, 2010, Plaintiff may respond to Defendants' August 23 filings; and (4) on or before Tuesday, September 7, 2010, Defendants may file a reply in support of their anticipated August 23 motion. Signed by Judge R David Proctor on 8/12/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 08/12/2010) | |||
| 2010-08-13 | 19 | 0 | MOTION for Leave to File Second Amended Complaint by Frontier Devices Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D-1, # 5 Exhibit D-2, # 6 Exhibit D-3)(Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 08/13/2010) | |||
| 2010-08-16 | 20 | 0 | TEXT ORDER - Before the court is Plaintiff's Motion for Leave to File Second Amended Complaint (Doc. # 19) filed August 13, 2010. The motion is GRANTED. Plaintiff is directed to file the proposed Second Amended Complaint with the Clerk of the Court. Signed by Judge R David Proctor on 08/16/10. (SFR, ) [Transferred from alnd on 10/13/2010.] (Entered: 08/16/2010) | |||
| 2010-08-16 | 21 | 0 | AMENDED COMPLAINT Second against minSURG Corporation Inc, minSURG International Inc, filed by Frontier Devices Inc. (Attachments: # 1 Exhibit A to Second Amended Complaint, # 2 Exhibit B to Second Amended Complaint, # 3 Exhibit C to Second Amended Complaint, # 4 Exhibit D-1 to Second Amended Complaint, # 5 Exhibit D-2 to Second Amended Complaint, # 6 Exhibit D-3 to Second Amended Complaint, # 7 Exhibit A to FL Complaint (Ex. D), # 8 Exhibit B to FL Complaint (Ex. D), # 9 Exhibit C to FL Complaint (Ex. D), # 10 Exhibit D to FL Complaint (Ex. D), # 11 Exhibit E to FL Complaint (Ex. D), # 12 Exhibit F to FL Complaint (Ex. D), # 13 Exhibit G to FL Complaint (Ex. D))(Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 08/16/2010) | |||
| 2010-08-23 | 22 | 0 | Second MOTION to Dismiss or in the Alternative to Stay or Transfer by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/23/2010) | |||
| 2010-08-23 | 23 | 0 | Brief re 22 Second MOTION to Dismiss or in the Alternative to Stay or Transfer Memorandum of Points and Authorities in Support of Second Motion to Dismiss filed by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/23/2010) | |||
| 2010-08-23 | 24 | 0 | AFFIDAVIT re 23 Brief, 22 Second MOTION to Dismiss or in the Alternative to Stay or Transfer Declaration of Frank Scalfaro in Support of 2nd Motion to Dismiss by minSURG Corporation Inc, minSURG International Inc. (Attachments: # 1 Exhibit A - Florida Complaint)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/23/2010) | |||
| 2010-08-23 | 25 | 0 | Evidentiary Material re: 23 Brief, 22 Second MOTION to Dismiss or in the Alternative to Stay or Transfer Request for Judicial Notice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/23/2010) | |||
| 2010-08-23 | 26 | 0 | Opposition to re 16 Defendants' Opposition to Emergency Motion for Preliminary Injunction filed by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/23/2010) | |||
| 2010-08-24 | 27 | 0 | MOTION for Leave to File Unopposed Motion for Leave to File Amended Brief by minSURG Corporation Inc, minSURG International Inc. (Attachments: # 1 Exhibit A - Amended Brief in Opposition to Emergency Motion for Preliminary Injunction)(Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/24/2010) | |||
| 2010-08-24 | 28 | 0 | TEXT ORDER - This matter is before the court on Defendants' Unopposed Motion for Leave to File Amended Brief in Opposition to Plaintiff's Emergency Motion for Preliminary Injunction (Doc. # 27). The motion (Doc. # 27) is GRANTED. Defendants are directed to file the amended brief with the Clerk of the Court. Signed by Judge R David Proctor on 08/24/10. (SFR, ) [Transferred from alnd on 10/13/2010.] (Entered: 08/24/2010) | |||
| 2010-08-25 | 29 | 0 | NOTICE of Appearance by Jonathan Cobb on behalf of minSURG Corporation Inc, minSURG International Inc (Cobb, Jonathan) [Transferred from alnd on 10/13/2010.] (Entered: 08/25/2010) | |||
| 2010-08-25 | 30 | 0 | Opposition to re 16 Defendants' Amended Brief in Opposition to Plaintiff's Emergency Motion for Preliminary Injunction filed by minSURG Corporation Inc, minSURG International Inc. (Black, Dylan) [Transferred from alnd on 10/13/2010.] (Entered: 08/25/2010) | |||
| 2010-08-30 | 31 | 0 | RESPONSE in Opposition re 22 Second MOTION to Dismiss or in the Alternative to Stay or Transfer by Defendant minSURG filed by Frontier Devices Inc. (Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 08/30/2010) | |||
| 2010-08-30 | 32 | 0 | REPLY to re 26 Defendants' Opposition to Emergency Motion for Preliminary Injunction filed by Frontier Devices Inc. (Attachments: # 1 Exhibit A)(Browning, Charles) [Transferred from alnd on 10/13/2010.] (Entered: 08/30/2010) | |||
| 2010-09-07 | 33 | 0 | REPLY to Response to Motion re 22 Second MOTION to Dismiss or in the Alternative to Stay or Transfer filed by minSURG Corporation Inc, minSURG International Inc. (Attachments: # 1 Exhibit Declaration of F.Scalfaro, # 2 Exhibit Exhibit A to Declaration of F.Scalfaro)(Cobb, Jonathan) [Transferred from alnd on 10/13/2010.] (Entered: 09/07/2010) | |||
| 2010-09-30 | 34 | 0 | MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/30/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 09/30/2010) | |||
| 2010-09-30 | 35 | 0 | ORDER- In accordance with the memorandum opinion entered, it is ORDERED that Dfts' Second Motion to Dismiss Or, in the Alternative, To Stay or Transfer 22 is GRANTED IN PART. Pltf's Emergency Motion to Preliminarily Enjoin Defendants from Proceeding with a Duplicative Suit Filed in Florida and Requesting that the Court Determine Proper Venue Under the First-to-File Rule 16 is DENIED. This case is hereby TRANSFERRED to the United States District Court for the Middle District of Florida. Electronic record will be sent to Clerk of Court 10 business days from this date. Signed by Judge R David Proctor on 9/30/2010. (AVC) [Transferred from alnd on 10/13/2010.] (Entered: 09/30/2010) | |||
| 2010-10-13 | 36 | 0 | Case transferred in from Alabama Northern; Case Number 2:10-cv-01796. Original file certified copy of transfer order and docket sheet received. (Entered: 10/13/2010) | |||
| 2010-10-13 | 37 | 0 | NOTICE to counsel of new case number and judge assignment. 8:10-cv-2294-T-24EAJ (signed by deputy clerk). (JNB) (Entered: 10/13/2010) | |||
| 2010-10-25 | 38 | 0 | RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2 with Notice of Expected Deadlines and Case Management Report made a part herein. Signed by Judge Susan C Bucklew on 10/25/2010. (APV) (Entered: 10/25/2010) | |||
| 2010-11-03 | 39 | 0 | ENDORSED ORDER reassigning this case to the Honorable Judge Covington for all further proceedings pursuant to Local Rule 1.04(b). Signed by Judge Susan C Bucklew on 11/3/2010. (JD) (Entered: 11/03/2010) | |||
| 2010-11-03 | 40 | 0 | *** DOCUMENT TERMINATED, COUNSEL NOTIFIED TO REFILE AS A MOTION *** STIPULATION for Substitution of Counsel by minSURG Corporation Inc, minSURG International Inc. (Jakes, Frank) Modified on 11/4/2010 (LYB). (Entered: 11/03/2010) | |||
| 2010-11-04 | 41 | 0 | Case reassigned to Judge Virginia M. Hernandez Covington. New case number: 8:10-cv-2294-T-33EAJ. Judge Susan C Bucklew no longer assigned to the case. (LYB) (Entered: 11/05/2010) | |||
| 2010-11-05 | 42 | 0 | NOTICE of designation under Local Rule 3.05 - track 2. (LS) (Entered: 11/05/2010) | |||
| 2011-01-05 | 43 | 0 | Trademark Report sent to Alexandria, VA. (Attachments: # 1 Complaint, # 2 Amended Complaint) (JNB) (Entered: 01/05/2011) | |||
| 2011-01-24 | 44 | 0 | NOTICE of Appearance by Robert L. Wolter on behalf of Frontier Devices Inc (Wolter, Robert) (Entered: 01/24/2011) | |||
| 2011-01-24 | 45 | 0 | NOTICE of Voluntary Dismissal without Prejudice by Frontier Devices Inc (Wolter, Robert) (Entered: 01/24/2011) | |||
| 2011-02-08 | 46 | 0 | MOTION for Darren Franklin to appear pro hac vice by minSURG Corporation Inc, minSURG International Inc. (Jakes, Frank) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 02/08/2011) | |||
| 2011-02-08 | 47 | 0 | MOTION for M. Roy Goldberg to appear pro hac vice by minSURG Corporation Inc, minSURG International Inc. (Jakes, Frank) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 02/08/2011) | |||
| 2011-02-08 | 48 | 0 | ORDER: 45 Frontier Devices, Inc.'s Notice of Voluntary Dismissal without Prejudice is GRANTED. This case is dismissed without prejudice. The Clerk is directed to terminate any pending motions and deadlines and to close this case. Signed by Judge Virginia M. Hernandez Covington on 2/8/2011. (SAL) (Entered: 02/08/2011) | |||
| 2011-06-13 | 49 | 0 | NOTICE of Settlement by Frontier Devices Inc, minSURG Corporation Inc, minSURG International Inc (Jakes, Frank) (Entered: 06/13/2011) | |||
| 2011-06-24 | 50 | 0 | STIPULATION of Dismissal by Frontier Devices Inc, minSURG Corporation Inc. (Jakes, Frank) (Entered: 06/24/2011) | |||
| 2011-06-28 | 51 | 0 | ENDORSED ORDER: This case is dismissed with prejudice pursuant to 50 Stipulation for Dismissal with Prejudice. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 6/28/2011. (CAC) (Entered: 06/28/2011) | |||
| 2011-06-29 | 52 | 0 | Final Trademark Report sent to Alexandria, VA. (DMS) (Entered: 06/29/2011) |