Case details

Court: gand
Docket #: 1:10-cv-03369
Case Name: M.K. Distributors, Inc. v. ETS Express, Inc.
PACER case #: 170333
Date filed: 2010-10-18
Date terminated: 2011-05-19
Assigned to: Judge Timothy C. Batten, Sr
Case Cause: 28:1338 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
M.K. Distributors, Inc.
Plaintiff
 
Arthur Augustine Gardner
Gardner Groff Greenwald & Villanueva, P.C.
Suite 800
2018 Powers Ferry Road
Atlanta, GA 30339
770-984-2300
Fax: 770-984-0098
Email: agardner@gardnergroff.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Wendell Staley
Gardner Groff Greenwald & Villanueva, P.C.
Suite 800
2018 Powers Ferry Road
Atlanta, GA 30339
770-984-2300
Email: joestaley@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ETS Express, Inc.
Defendant
 
Robert B. Dulaney , III
Smith Risley Tempel Santos, LLC
Suite 700
Two Ravinia Drive
Atlanta, GA 30346
770-709-0086
Fax: 770-804-0900
Email: rdulaney@sentrylg.com
ATTORNEY TO BE NOTICED
ETS Express, Inc.
Counter Claimant
 
Robert B. Dulaney , III
(See above for address)
ATTORNEY TO BE NOTICED
M.K. Distributors, Inc.
Counter Defendant
 
Arthur Augustine Gardner
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Joseph Wendell Staley
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-10-18 1 0 COMPLAINT with Jury Demand filed by M.K. Distributors, Inc. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. (Filing fee $350, receipt number 113E-2950669.) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Blank Summons, # 5 Civil Cover Sheet)(alc) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/20/2010)
2010-10-19 2 0 Summons Issued as to ETS Express, Inc. (alc) (Entered: 10/20/2010)
2010-10-20 3 0 AO Form 120 forwarded to Commissioner. (alc) (Entered: 10/20/2010)
2010-10-20 4 0 INSTRUCTIONS to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr. on 10/20/2010. (alc) (Entered: 10/20/2010)
2011-02-22 5 0 ORDER TO SHOW CAUSE by Plaintiff in writing on or before February 28, 2011, why this case should not be dismissed without prejudice for failure to effectuate service of process pursuant to LR 41.2B and Fed.R.Civ.P. 4. Signed by Judge Timothy C. Batten, Sr. on 2/22/2011. (pdw) (Entered: 02/22/2011)
2011-02-25 6 0 Return of Service Executed by M.K. Distributors, Inc.. ETS Express, Inc. served on 2/7/2011, answer due 2/28/2011. (Staley, Joseph) (Entered: 02/25/2011)
2011-02-25 7 0 RESPONSE TO ORDER TO SHOW CAUSE by M.K. Distributors, Inc. (Staley, Joseph) Modified on 2/28/2011 to add filer info (acm). (Entered: 02/25/2011)
2011-03-09 8 0 MOTION to Enforce Settlement Agreement by M.K. Distributors, Inc. (Attachments: # 1 Text of Proposed Order)(Gardner, Arthur) Modified on 3/10/2011 to update text re title of pleading (acm). (Entered: 03/09/2011)
2011-03-09 9 0 MOTION to File Under Seal Memo and Attachments re Motion to Enforce Settlement by M.K. Distributors, Inc. (Gardner, Arthur) Modified on 3/10/2011 to update text (acm). (Entered: 03/09/2011)
2011-03-09 10 0 NOTICE Of Filing Under Seal re 12 MEMORANDUM in Support of Motion to Enforce Settlement Agreement, filed by M.K. Distributors, Inc. (Gardner, Arthur) Modified on 3/10/2011 to add document link (acm). (Entered: 03/09/2011)
2011-03-09 11 0 ORDER GRANTING Plaintiff's 9 Motion to File Under Seal its brief in support of its 8 Motion to Enforce Settlement Agreement. Signed by Judge Timothy C. Batten, Sr. on 3/9/2011. (acm) (Entered: 03/09/2011)
2011-03-09 12 0 (FILED UNDER SEAL)     MEMORANDUM in Support re 8 MOTION to Enforce Settlement Agreement, filed by M.K. Distributors, Inc. (acm) (acm). (Entered: 03/09/2011)
2011-03-23 13 0 SEALED RESPONSE in Opposition re 8 MOTION to Enforce Settlement Agreement filed by ETS Express, Inc. (Dulaney, Robert) Modified on 3/24/2011 to seal document pursuant to 15 Order(hfm). (Entered: 03/23/2011)
2011-03-24 14 0 MOTION to Seal Defendant's Memorandum by M.K. Distributors, Inc.. (Gardner, Arthur) (Entered: 03/24/2011)
2011-03-24 15 0 ORDER granting 14 Motion to Seal 13 Brief in Opposition. Signed by Judge Timothy C. Batten, Sr on 3/24/11. (hfm) (Entered: 03/24/2011)
2011-03-28 16 0 REPLY to Response to Motion re 8 MOTION to Enforce Settlement Agreement filed by M.K. Distributors, Inc.. (Gardner, Arthur) (Entered: 03/28/2011)
2011-03-28 17 0 ANSWER to 1 COMPLAINT with Jury Demand ( Discovery ends on 12/23/2011.), COUNTERCLAIM against M.K. Distributors, Inc. with Jury Demand by ETS Express, Inc.. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2A, # 3 Exhibit Exhibit 2B)(Dulaney, Robert) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/28/2011)
2011-04-06 18 0 First Certificate of Interested Persons by ETS Express, Inc.. (Dulaney, Robert) (Entered: 04/06/2011)
2011-04-21 19 0 ORDER granting in part and denying in part 8 Motion for Settlement. The parties shall file a consent judgment dismissing the case within ten days ofthis order. Signed by Judge Timothy C. Batten, Sr on 4/21/11. (hfm) (Entered: 04/21/2011)
2011-05-02 20 0 RESPONSE to 19 Order to File Consent Judgment by M.K. Distributors, Inc. (Attachments: # 1 Exhibit 1-4)(Gardner, Arthur) Modified on 5/5/2011 to correct docket text to accurately reflect e-filed pleading (rvb). (Entered: 05/02/2011)
2011-05-16 21 0 RESPONSE re 19 Order to File Consent Judgment, filed by ETS Express, Inc. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Text of Proposed Order Proposed Judgment)(Dulaney, Robert) Modified on 5/17/2011 to correct document link (rvb). (Entered: 05/16/2011)
2011-05-18 22 0 REPLY re 21 Response, by M.K. Distributors, Inc. (Attachments: # 1 Exhibit A-C, # 2 Text of Proposed Order Judgment)(Gardner, Arthur) Modified on 5/19/2011 to correct docket text to accurately reflect e-filed pleadings (rvb). (Entered: 05/18/2011)
2011-05-19 23 0 JUDGMENT entered and consented to by the parties. Signed by Judge Timothy C. Batten, Sr. on 05/19/2011. (rvb) (Entered: 05/19/2011)
2011-06-16 24 0 MOTION for Reconsideration re 23 Consent Judgment, Terminated Case by ETS Express, Inc., ETS Express, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Dulaney, Robert) (Entered: 06/16/2011)
2011-07-01 25 0 RESPONSE in Opposition re 24 MOTION for Reconsideration re 23 Consent Judgment, Terminated Case filed by M.K. Distributors, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit)(Gardner, Arthur) (Entered: 07/01/2011)
2011-07-18 26 0 REPLY to Response to Motion re 24 MOTION for Reconsideration re 23 Consent Judgment, Terminated Case filed by ETS Express, Inc., ETS Express, Inc.. (Attachments: # 1 Exhibit A)(Dulaney, Robert) (Entered: 07/18/2011)
2011-07-21 27 0 ORDER denying defendant ETS Express, Inc.'s 24 Motion for Reconsideration. Signed by Judge Timothy C. Batten, Sr on 7/21/11. (jlm) (Entered: 07/21/2011)