Case details

Court: iasd
Docket #: 4:13-cv-00251
Case Name: West Liberty Foods, L.L.C. v. Smithfield Foods Inc
PACER case #: 50048
Date filed: 2013-06-07
Date terminated: 2014-04-17
Assigned to: Judge Stephanie M. Rose
Referred to: Magistrate Judge Helen C. Adams
Case Cause: 15:1126 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
West Liberty Foods, L.L.C.
Counter Defendant
 
Angela Ellen Dralle
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David A Tank
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth E. Levitt
(See above for address)
ATTORNEY TO BE NOTICED
Smithfield Foods Inc
Counter Claimant
 
William D. Coston
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brent Lee VanNorman
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan M Gallagher
(See above for address)
ATTORNEY TO BE NOTICED

Michael A Dee
(See above for address)
ATTORNEY TO BE NOTICED

Robert Martin Tata
(See above for address)
ATTORNEY TO BE NOTICED
Smithfield Packing Co., Inc.
Counter Claimant
 
Brent Lee VanNorman
(See above for address)
ATTORNEY TO BE NOTICED

Jonathan M Gallagher
(See above for address)
ATTORNEY TO BE NOTICED

Michael A Dee
(See above for address)
ATTORNEY TO BE NOTICED

Robert Martin Tata
(See above for address)
ATTORNEY TO BE NOTICED
Smithfield Packing Co., Inc.
Counter Claimant
 
Brent Lee VanNorman
(See above for address)
ATTORNEY TO BE NOTICED

Robert Martin Tata
(See above for address)
ATTORNEY TO BE NOTICED
Smithfield Foods Inc
Counter Claimant
 
William D. Coston
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Brent Lee VanNorman
(See above for address)
ATTORNEY TO BE NOTICED

Michael A Dee
(See above for address)
ATTORNEY TO BE NOTICED

Robert Martin Tata
(See above for address)
ATTORNEY TO BE NOTICED
West Liberty Foods, L.L.C.
Counter Defendant
 
Angela Ellen Dralle
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David A Tank
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Kenneth E. Levitt
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-06-07 1 0 COMPLAINT against Smithfield Foods Inc Filing fee paid in the amount of $ 400, receipt number 0863-2064236., filed by West Liberty Foods, L.L.C.. Notice of Dismissal for lack of Service deadline set for 10/7/2013. Rule 16 Notice of Dismissal set for 10/7/2013. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Dralle, Angela) (Entered: 06/07/2013)
2013-06-07 2 0 Corporate Disclosure/Statement of Interest by West Liberty Foods, L.L.C.. (Dralle, Angela) (Entered: 06/07/2013)
2013-06-07 3 0 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-2064795 Fee paid in the amount of $75. by West Liberty Foods, L.L.C..Motions referred to Thomas J. Shields. (Dralle, Angela) (Entered: 06/07/2013)
2013-06-10 4 0 REPORT on the filing or determination of an action. (Attachments: # 1 Complaint) (sc) (Entered: 06/10/2013)
2013-06-10 5 0 TEXT ORDER granting 3 Motion for Leave to Appear Pro Hac Vice Kenneth E. Levitt. Signed by Clerk Marjorie Krahn on 6/10/2013. (sc) (Entered: 06/10/2013)
2013-07-29 6 0 First AMENDED COMPLAINT against All Defendants. All Defendants., filed by West Liberty Foods, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dralle, Angela) (Entered: 07/29/2013)
2013-08-05 7 0 WAIVER OF SERVICE Returned Executed filed by West Liberty Foods, L.L.C.; All Defendants. (Dralle, Angela) (Entered: 08/05/2013)
2013-09-06 8 0 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-2132007 Fee paid in the amount of $75. by Smithfield Foods Inc.Motions referred to Thomas J. Shields. (Dee, Michael) (Entered: 09/06/2013)
2013-09-09 9 0 TEXT ORDER granting 8 Motion for Leave to Appear Pro Hac Vice by William D. Coston. Signed by Clerk, Marjorie Krahn on 9/9/2013. (gk, ) (Entered: 09/09/2013)
2013-09-09 10 0 TEXT ORDER: A review of the docket reveals that defendants Smithfield Foods, Inc. and Smithfield Packing Company, Inc. have not filed Corporate Disclosure Statements as required by Local Rule 7.1. Local Rule 7.1 requires that a disclosure statement be filed on the form attached to the Local Rules as appendix A (the form is also available on the court's website). Smithfield Foods, Inc. and Smithfield Packing Company, Inc. are given until September 23, 2013, to file Corporate Disclosure Statements in compliance with Local Rule 7.1. Signed by Judge Stephanie M. Rose on 9/9/2013. (mmw) (Entered: 09/09/2013)
2013-09-11 11 0 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-2134707 Fee paid in the amount of $75. by Smithfield Foods Inc.Motions referred to Thomas J. Shields. (Dee, Michael) (Entered: 09/11/2013)
2013-09-11 12 0 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-2134727 Fee paid in the amount of $75. by Smithfield Foods Inc.Motions referred to Thomas J. Shields. (Dee, Michael) (Entered: 09/11/2013)
2013-09-11 13 0 Corporate Disclosure/Statement of Interest by Smithfield Foods Inc, Smithfield Packing Co., Inc.. (Dee, Michael) (Entered: 09/11/2013)
2013-09-12 14 0 TEXT ORDER granting 11 Motion for Leave to Appear Pro Hac Vice Robert M. Tata. Signed by Marjorie Krahn on 9/12/2013. (sc) (Entered: 09/12/2013)
2013-09-12 15 0 TEXT ORDER granting 12 Motion for Leave to Appear Pro Hac Vice Brent L VanNorman. Signed by Marjorie Krahn on 9/12/2013. (sc) (Entered: 09/12/2013)
2013-09-27 16 0 *FILING ERROR - SEE 17 * MOTION to Transfer Case out of District by Smithfield Foods Inc, Smithfield Packing Co., Inc.. Responses due by 10/15/2013 (VanNorman, Brent) Modified on 9/27/2013 (gk, ). (Entered: 09/27/2013)
2013-09-27 17 0 MOTION to Transfer Case out of District by Smithfield Foods Inc, Smithfield Packing Co., Inc.. Responses due by 10/15/2013 (Attachments: # 1 Brief in Support, # 2 Affidavit of Robert E. Bogaard (Exhibit 1), # 3 Affidavit of Scott Vandewiele (Exhibit 2), # 4 Affidavit of David C. Dixon (Exhibit 3))(VanNorman, Brent) (Entered: 09/27/2013)
2013-09-27 18 0 ANSWER to 6 Amended Complaint (First), COUNTERCLAIM (Declaratory Judgment) against West Liberty Foods, L.L.C. by Smithfield Packing Co., Inc., Smithfield Foods Inc.(VanNorman, Brent) (Entered: 09/27/2013)
2013-10-07 19 0 ***See corrected scheduling order entry 20 parties did not consent***PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN AND CONSENT TO PROCEED BEFORE A MAGISTRATE JOINT SCHEDULING ORDER AND DISCOVERY PLAN. (Dee, Michael) Modified on 10/8/2013 (don, ). (Entered: 10/07/2013)
2013-10-07 20 0 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN CORRECTED JOINT SCHEDULING ORDER AN DISCOVERY PLAN. (Dee, Michael) (Entered: 10/07/2013)
2013-10-07 21 0 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN SMITHFIELD'S PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN WITH PATENT SPECIFIC DATES. (Dee, Michael) (Entered: 10/07/2013)
2013-10-08 22 0 TEXT ORDER SETTING CONFERENCE. The Court will conduct a Rule 16 Conference in this matter on October 24, 2013 at 10:30 AM at the Des Moines U.S. Courthouse before Magistrate Judge Thomas J. Shields.Signed by Magistrate Judge Thomas J. Shields on 10/8/2013. (dam) (Entered: 10/08/2013)
2013-10-08 23 0 BRIEF /OTHER SMITHFIELD'S POSITION ON SCHEDULING ORDER FOR RULE 16 CONFERENCE by Smithfield Foods Inc, Smithfield Packing Co., Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Dee, Michael) linked to proposed scheduling order (Entered: 10/08/2013)
2013-10-10 24 0 Unresisted MOTION for Extension of Time to File Resistance to Defendants' Motion to Transfer Venue by West Liberty Foods, L.L.C..Motions referred to Thomas J. Shields. Responses due by 10/28/2013 (Dralle, Angela) (Entered: 10/10/2013)
2013-10-10 25 0 ORDER. The time for the Scheduling Conference in this case, set for October 24, 2013 has been changed, and will now begin at 2:00 p.m. Signed by Magistrate Judge Thomas J. Shields on 10/10/2013. (dm) (Entered: 10/10/2013)
2013-10-10 26 0 TEXT ORDER granting 24 Plaintiff's Unresisted Motion for Extension of the Deadline to File Its Resistance to Defendants' Motion to Transfer Venue. As requested, plaintiff shall have until October 25, 2013, to file a response to Defendants' Motion to Transfer This Action 17 . Signed by Magistrate Judge Thomas J. Shields on 10/10/2013. (jeb) (Entered: 10/10/2013)
2013-10-14 27 0 ANSWER to 18 Answer to Amended Complaint, Counterclaim by West Liberty Foods, L.L.C..(Dralle, Angela) (Entered: 10/14/2013)
2013-10-18 28 0 MOTION to Compel EXPEDITED RELIEF REQUESTED by West Liberty Foods, L.L.C..Motions referred to Thomas J. Shields. Responses due by 11/4/2013 (Attachments: # 1 Declaration of David A. Tank)(Dralle, Angela) (Entered: 10/18/2013)
2013-10-21 29 0 TEXT ORDER SETTING HEARING ON MOTION. The Court will address Plaintiff's Motion to Compel Production of Document Referenced in Defendants' Motion to Transfer Venue, Expedited Relief Requested 28 during the Rule 16 hearing scheduled for October 24, 2013, at 2:00 PM at the Des Moines U.S. Courthouse before Magistrate Judge Thomas J. Shields. The deadline for Plaintiff to file its resistance to Defendants' Motion to Transfer is stayed until further order of the Court.Signed by Magistrate Judge Thomas J. Shields on 10/21/2013. (dm) (Entered: 10/21/2013)
2013-10-21 30 0 NOTICE of Appearance by Jonathan M Gallagher on behalf of Smithfield Foods Inc, Smithfield Packing Co., Inc. (Gallagher, Jonathan) (Entered: 10/21/2013)
2013-10-21 31 0 RESPONSE to Motion re 28 MOTION to Compel EXPEDITED RELIEF REQUESTED Smithfield's Resistance to West Liberty Foods, L.L.C.'s Motion to Compel Production of Document Referenced In Defendants' Motion to Transfer Venue filed by Smithfield Foods Inc, Smithfield Packing Co., Inc.. Replies due by 10/31/2013. (Attachments: # 1 Exhibit 1)(Gallagher, Jonathan) (Entered: 10/21/2013)
2013-10-22 32 0 RESPONSE to Motion re 21 PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN SMITHFIELD'S PROPOSED SCHEDULING ORDER AND DISCOVERY PLAN WITH PATENT SPECIFIC DATES filed by West Liberty Foods, L.L.C.. Replies due by 11/1/2013.(Dralle, Angela) (Entered: 10/22/2013)
2013-10-23 33 0 ORDER. The parties are directed to file a status report regarding electronically stored information in this case by 11/13/2013.Signed by Magistrate Judge Thomas J. Shields on 10/23/2013. (dm) (Entered: 10/23/2013)
2013-10-24 34 0 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Motion Hearing held on 10/24/2013 re 28 MOTION to Compel EXPEDITED RELIEF REQUESTED filed by West Liberty Foods, L.L.C. (Court Reporter Terri Martin.) (pb, ) (Entered: 10/24/2013)
2013-10-24 35 0 Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Scheduling Conference held on 10/24/2013. (Court Reporter Terri Martin.) (pb, ) (Entered: 10/24/2013)
2013-10-24 36 0 MOTION for Leave to Appear Pro Hac Vice Receipt Number: 0863-2168301 Fee paid in the amount of $75. by Smithfield Foods Inc, Smithfield Packing Co., Inc..Motions referred to Thomas J. Shields. (Dee, Michael) (Entered: 10/24/2013)
2013-10-25 37 0 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Thomas J. Shields on 10/25/2013. (dam) (Entered: 10/25/2013)
2013-10-25 38 0 TEXT ORDER granting 36 Motion for Leave to Appear Pro Hac Vice Wendy C. McGraw. Signed by Clerk Marjorie Krahn on 10/25/2013. (sc) (Entered: 10/25/2013)
2013-10-28 39 0 TEXT ORDER: Plaintiff West Liberty Foods, L.L.C. shall file its resistances to Defendants' Motion to Transfer This Action 17 by October 30, 2013. Signed by Magistrate Judge Thomas J. Shields on 10/28/2013. (dam) (Entered: 10/28/2013)
2013-10-28 40 0 ORDER granting 28 Plaintiff's Motion to Compel Production of Document. Signed by Magistrate Judge Thomas J. Shields on 10/28/2013. (dm) (Entered: 10/28/2013)
2013-10-30 41 0 TEXT ORDER SETTING TELEPHONIC STATUS CONFERENCE. As previously discussed with the parties, a Telephonic Status Conference shall be held on November 1, 2013, at 10:00 a.m. central before Magistrate Judge Thomas J. Shields. To join the status conference, counsel shall call the court's conference line at 515-284-6224 and utilize access code 1-1-6-2-2-4. Counsel should note that the teleconference system will only accommodate six participants including the court, and make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Thomas J. Shields on 10/30/2013. (jeb) (Entered: 10/30/2013)
2013-10-30 42 0 Unresisted MOTION to file overlength brief by West Liberty Foods, L.L.C..Motions referred to Thomas J. Shields. Responses due by 11/18/2013 (Attachments: # 1 Resistance to Motion to Transfer, # 2 Brief in Support, # 3 Declaration of Edmund Sease, # 4 Declaration of David A. Tank)(Melhus, Brian) (Entered: 10/30/2013)
2013-10-31 43 0 TEXT ORDER granting 42 Plaintiff's Unresisted Motion for Leave to File an Overlength Resistance to Smithfield's Motion to Transfer. The Clerk of Court is directed to detach and file the resistance, brief and exhibits attached to the motion. Signed by Magistrate Judge Thomas J. Shields on 10/31/2013. (jeb) (Entered: 10/31/2013)
2013-10-31 44 0 RESISTANCE to Motion re 17 MOTION to Transfer Case out of District filed by West Liberty Foods, L.L.C.. Replies due by 11/12/2013. (Attachments: # 1 Brief in Support, # 2 Declaration of Edmund J. Sease, # 3 Declaration of David A. Tank) (gk, ) (Entered: 10/31/2013)
2013-10-31 45 0 TRANSCRIPT of Proceedings re 35 Scheduling Conference held on 10/24/2013 before Judge Shields. Court Reporter: Terri L. Martin, Telephone Number: 515.284.6444. Page No(s).: 1-35. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER.. Redaction Request due 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/3/2014. (Martin, Terri) (Entered: 10/31/2013)
2013-11-01 46 0 Text Minute Entry for proceedings held before Magistrate Judge Thomas J. Shields: Status Conference held on 11/1/2013. Total Court time - 30 minutes. (dam) (Entered: 11/01/2013)
2013-11-04 47 0 ORDER ON STATUS CONFERENCE. Signed by Magistrate Judge Thomas J. Shields on 11/4/2013. (dam) (Entered: 11/04/2013)
2013-11-06 48 0 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Thomas J. Shields: Telephonic Status Conference held on 11/6/2013. Conference to continue at noon central time. Total Court Time: 5 minutes. (jeb) (Entered: 11/06/2013)
2013-11-06 49 0 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Thomas J. Shields: Telephonic Status Conference held on 11/6/2013. Total Court Time: 35 minutes. (jeb) (Entered: 11/06/2013)
2013-11-06 50 0 TEXT ORDER SETTING STATUS CONFERENCE. As discussed with counsel, a Telephonic Status Conference shall be held on November 14, 2013, at 10:00 AM central time before Magistrate Judge Thomas J. Shields. To join the status conference, counsel shall call the court's conference line at 515-284-6224 and utilize access code 1-1-6-2-2-4. Counsel should note that the teleconference system will only accommodate six participants including the court, and make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Thomas J. Shields on 11/6/2013. (jeb) (Entered: 11/06/2013)
2013-11-13 51 0 TEXT ORDER. At the joint request of all the parties, the telephonic status conference scheduled for November 14, 2013 is cancelled. The Court will conduct a telephonic status conference in this case on January 10, 2014 at 9:30 AM CST before Magistrate Judge Thomas J. Shields. The parties are directed to utilize the Court's teleconference system by dialing (515) 284-6224, and at the prompt enter 116224 to be connected to the call. Signed by Magistrate Judge Thomas J. Shields on 11/13/2013. (dm) (Entered: 11/13/2013)
2013-11-15 52 0 ORDER denying 17 Motion to transfer case. Signed by Judge Stephanie M. Rose on 11/15/2013. (ms) (Entered: 11/15/2013)
2013-11-18 53 0 NOTICE by Smithfield Foods Inc, Smithfield Packing Co., Inc. re 52 Order on Motion to transfer case Notice (Reply In Support of Motion to Transfer) (Attachments: # 1 Exhibit 1-Plaintiff's Initial Disclosures)(Dee, Michael) (Entered: 11/18/2013)
2013-12-16 54 0 TEXT ORDER: The Court has reviewed Defendants' well-written Notice/Reply in Support of Motion to Transfer 53 , and the cases cited therein. However, the Court still maintains its prior position that the convenience of the parties and the interests of justice do not warrant transfer of this matter to the Eastern District of North Carolina. Signed by Judge Stephanie M. Rose on 12/16/2013. (nsr) (Entered: 12/16/2013)
2014-01-06 55 0 TEXT ORDER RESETTING STATUS CONFERENCE. Due to a recent change on the Court's calendar, the status conference in this case is continued from January 10, 2014 to January 14, 2014, at 10:00 AM before Magistrate Judge Thomas J. Shields. The parties are directed to utilize the Court's teleconference system by dialing (515) 284-6224, and at the prompt enter the access code 116224. Signed by Magistrate Judge Thomas J. Shields on 1/6/2014. (dm) (Entered: 01/06/2014)
2014-01-14 56 0 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Thomas J. Shields: Telephonic Status Conference held on 1/14/2014. Total Court Time: 15 minutes. (jeb) (Entered: 01/14/2014)
2014-01-14 57 0 TEXT ORDER SETTING TELEPHONIC STATUS/SCHEDULING CONFERENCE. As discussed with counsel, a Telephonic Status/Scheduling Conference shall be held on February 12, 2014, at 11:00 AM central. To join the status conference, counsel shall call the court's conference line at 515-284-6224 and utilize access code 1-1-6-2-2-4. Counsel should note that the teleconference system will only accommodate six participants including the court, and make appropriate arrangements to not exceed the number of available lines. Signed by Magistrate Judge Thomas J. Shields on 1/14/2014. (jeb) (Entered: 01/14/2014)
2014-02-10 58 0 TEXT ORDER CONTINUING STATUS/SCHEDULING CONFERENCE. At the joint request of the parties, the Status/Scheduling Conference in this matter is continued from February 12, 2014 to February 28, 2014, at 11:00 AM. The parties are directed to call the Meet Me teleconference number (515) 284-6224, and at the prompt enter the passcode 116224. Signed by Magistrate Judge Thomas J. Shields on 2/10/2014. (dm) (Entered: 02/10/2014)
2014-02-27 59 0 TEXT ORDER. The court intends to discuss the entry of a scheduling order for this case during the telephonic conference set for February 28, 2014, at 11:00 am, which will now be held by Magistrate Judge Helen Adams. Counsel should therefore be prepared to discuss scheduling dates and those matters raised by the parties in their prior proposed scheduling orders. To join the telephonic conference, counsel shall call the court's conference line at 515-284-6224 and utilize access code 1-1-6-2-2-4. Counsel should note that the teleconference system will only accommodate four lines total for the parties and make arrangements as necessary for counsel to participate in the conference. Signed by Magistrate Judge Helen C. Adams on 2/27/2014. (jeb) (Entered: 02/27/2014)
2014-02-28 60 0 TEXT MINUTE ENTRY for proceedings held before Magistrate Judge Helen C. Adams: Telephonic Status Conference held on 2/28/2014. Proposed scheduling order and lifting of stay on discovery discussed with counsel. Order to be entered. Total Court Time: 10 minutes. (jeb) (Entered: 02/28/2014)
2014-03-03 61 0 TEXT ORDER LIFTING STAY ON DISCOVERY. As discussed with counsel during the status conference, the stay on discovery as previously ordered 47 on November 4, 2013, shall be, and is hereby, lifted. Signed by Magistrate Judge Helen C. Adams on 3/3/2014. (jeb) (Entered: 03/03/2014)
2014-03-03 62 0 SCHEDULING AND TRIAL SETTING ORDER: Jury Trial set for 8/17/2015 09:00 AM in Des Moines Courthouse before Judge Stephanie M. Rose. Final Pretrial Conference set for 8/3/2015 10:00 AM in Des Moines Courthouse before Magistrate Judge Helen C. Adams. Amended Pleadings due by 5/30/2014. Add Parties due by 5/30/2014. Discovery due by 2/27/2015. Dispositive Motions due by 3/27/2015. See order for further details. Order Re: Final Pretrial Conference Attached. Signed by Magistrate Judge Helen C. Adams on 3/3/2014. (jeb) (Entered: 03/03/2014)
2014-04-16 63 0 STIPULATION of Dismissal of all claims and counterclaims by West Liberty Foods, L.L.C.. (Dralle, Angela) (Entered: 04/16/2014)
2014-04-24 64 0 REPORT on the determination of an action regarding patent and/or trademark number(s) See Attached. (Attachments: # 1 Stipulation of Dismissal) (kmc, ) (Entered: 04/24/2014)