Case details

Court: idd
Docket #: 1:08-cv-00177
Case Name: 55 Brake, L.L.C. v. Audi of America, Inc. et al
PACER case #: 22192
Date filed: 2008-04-21
Date terminated: 2012-01-17
Assigned to: Judge B. Lynn Winmill
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
55 Brake, L.L.C.
Plaintiff
Edward W Goldstein
GOLDSTEIN & VOWELL, L.L.P. 1177 West Loop South #400 Houston, TX 77027 (713) 877-1515 Email: egoldstein@gliplaw.com
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
Clearman Prebeg LLP 815 Walker, Suite 1040 Houston, TX 77002 (713) 223-7070x104 Fax: 713-223-7070 Email: mprebeg@clearmanprebeg.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
GOLDSTEIN & VOWELL, L.L.P. 1177 W Loop South #400 Houston, TX 77027 (713) 877-1515 Email: wboone@gliplaw.com
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Andrew Jack Kochanowski
Sommers Schwartz, P.C. One Towne Square Suite 1700 Southfield, MI 48076 248-355-0300 Email: akochanowski@sommerspc.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher M Faucett
Clearman Prebeg, LLP 815 Walker, Suite 1040 Houston, TX 77002 713-223-7070
PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
TraskBritt, P.C. P.O. Box 2550 Salt Lake City, UT 84110 (801) 532-1922 Fax: (801) 531-9168 Email: EHSchierman@traskbritt.com
TERMINATED: 06/20/2011

Frank J Dykas
DYKAS LAW, PLLC 2537 W. STATE ST. STE. 200 Boise, ID 83702 (208) 327-8900 Email: frank@DYKASLAW.COM
ATTORNEY TO BE NOTICED

Lisa Rycus Mikalonis
Federal-Mogul Motorparts 27300 West 11 Mile Road Southfield, MI 48034 (248) 354-7748 Email: lisa.mikalonis@federalmogul.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Stephen W Abbott
ClearmanPrebeg LLP 815 Walker, Suite 1040 Houston, TX 77002 713-223-7070 Fax: 713-223-7071 Email: sabbott@clearmanprebeg.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Audi of America, Inc.
Defendant
Georg Christian Reitboeck
Kenyon & Kenyon LLP One Broadway New York, NY 10004 212 908 6187 Email: greitboeck@kenyon.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark A. Hannemann
Kenyon & Kenyon One Broadway New York, NY 10004 (212) 908-6238 Fax: (212) 425-5288 Email: mhannemann@kenyon.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J Lennon
Kenyon & Kenyon One Broadway New York, NY 10004 212-908-6439 Email: mlennon@kenyon.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Philip J. McCabe
KENYON AND KENYON LLP 333 West San Carlos St Ste 600 San Jose, CA 95110 (408) 975-7500 Fax: 408-975-7501 Email: PMcCabe@kenyon.com
LEAD ATTORNEY PRO HAC VICE

Stephen R Thomas
MOFFATT THOMAS BARRETT ROCK & FIELDS PO Box 829 Boise, ID 83701 (208) 345-2000 Email: srt@moffatt.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan A Smith
Kenyon & Kenyon 1500 K St NW Washington, DC 20005 202-220-4200 Email: ssmith@kenyon.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

David J Kaplan
Kenyon & Kenyon LLP One Broadway New York, NY 10004 212-425-7200 Email: djkaplan@kenyon.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth S Tse
KENYON & KENYON LLP 333 W San Carlos St, Suite 600 San Jose, CA 95110-2731 (408) 975-7983 Email: etse@kenyon.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Tyler J Anderson
MOFFATT THOMAS BARRETT ROCK & FIELDS CHTD. PO Box 829 Boise, ID 83701-0829 208-345-2000 Fax: 208-385-5384 Email: tya@moffatt.com
ATTORNEY TO BE NOTICED

BMW of North America, LLC
Defendant
TERMINATED: 04/21/2010
Clinton H. Brannon
Howrey LLP 1299 Pennsylvania Ave NW Washington, DC 20004 (202)383-6647 Fax: (202)6610 Email: BrannonC@howrey.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Dana M Herberholz
Parsons Behle & Latimer 800 W. Main Street Suite 1300 Boise, ID 83702 208-562-4900 Fax: 208-562-4901 Email: dherberholz@parsonsbehle.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John N Zarian
Parsons Behle & Latimer 800 W. Main Street, Suite 130 Boise, ID 83702 208-562-4900 Fax: 208-562-4901 Email: jzarian@parsonsbehle.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Philip Lavelle
Dewey & LeBoeuf 1101 New York Avenue, N.W. Washington, DC 20005 202-346-8004 Email: joelavelle@dl.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas M. Dunham
Howrey LLP 1299 Pennsylvania Ave NW Washington, DC 20004 202-204-4661 Fax: (202)383-6610 Email: thomas.dunham@novakdruce.com
LEAD ATTORNEY PRO HAC VICE

Vivian S. Kuo
Howrey LLP 1299 Pennsylvania Ave NW Washington, DC 20004 (202)383-7220 Fax: (202)383-6610 Email: KuoV@howrey.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ann Marie Phillips
HOWREY LLP 1299 Pennsylvania Ave NW Washington, DC 20004 (2020) 383-7436 Email: PhillipsA@howrey.com
PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher J Cuneo
Parsons Behle & Latimer 800 W. Main Street, Suite 1300 Boise, ID 83702 208-562-4000 x-4896 Fax: 208-562-4901 Email: ccuneo@parsonsbehle.com
TERMINATED: 04/02/2010

Chrysler, L.L.C.
Defendant
TERMINATED: 05/16/2008
Daimler North America Corporation
Defendant
TERMINATED: 06/20/2008
Ford Motor Company
Defendant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
1299 Pennsylvania Ave NW Washington, DC 20004 (202)383-6905 Fax: (202)383-6610 Email: guilianoj@howrey.com
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
Latham & Watkins LLP 555 Eleventh Street, NW Suite 1000 Washington, DC 20004 (202)637-2200 Fax: (202)637-2201 Email: matthew.moore@lw.com
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
HOWREY LLP 1299 Pennsylvania Avenue, NW Washington, DC 20004 (202) 383-6853 Email: kanep@howrey.com
TERMINATED: 04/02/2010 PRO HAC VICE

Hyundai Motor America
Defendant
TERMINATED: 08/06/2008
Land Rover North America, Inc.
Defendant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
(See above for address)
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
(See above for address)
TERMINATED: 04/02/2010 PRO HAC VICE

Mazda Motor of America, Inc.
Defendant
TERMINATED: 05/21/2008
Mercedes-Benz USA, L.L.C.
Defendant
TERMINATED: 06/10/2010
Clinton H. Brannon
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Philip Lavelle
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Vivian S. Kuo
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Ann Marie Phillips
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher J Cuneo
(See above for address)
TERMINATED: 04/02/2010

Toyota Motor Sales U.S.A., Inc.
Defendant
TERMINATED: 06/04/2008
Volkswagen of America, Inc.
Defendant
TERMINATED: 06/20/2008
Volvo Cars of North America, Inc.
Defendant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
(See above for address)
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
(See above for address)
TERMINATED: 04/02/2010 PRO HAC VICE

Volkswagen Group of America Inc
Defendant
Georg Christian Reitboeck
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mark A. Hannemann
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J Lennon
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Philip J. McCabe
(See above for address)
LEAD ATTORNEY PRO HAC VICE

Stephen R Thomas
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan A Smith
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

David J Kaplan
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth S Tse
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Tyler J Anderson
(See above for address)
ATTORNEY TO BE NOTICED

BMW of North America, LLC
Counter Claimant
TERMINATED: 04/21/2010
Clinton H. Brannon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Philip Lavelle
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas M. Dunham
(See above for address)
LEAD ATTORNEY PRO HAC VICE

Vivian S. Kuo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ann Marie Phillips
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher J Cuneo
(See above for address)
TERMINATED: 04/02/2010

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Mercedes-Benz USA, L.L.C.
Counter Claimant
TERMINATED: 06/10/2010
Clinton H. Brannon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph Philip Lavelle
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Vivian S. Kuo
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ann Marie Phillips
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Christopher J Cuneo
(See above for address)
TERMINATED: 04/02/2010

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Land Rover North America, Inc.
Counter Claimant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
(See above for address)
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
(See above for address)
TERMINATED: 04/02/2010 PRO HAC VICE

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Ford Motor Company
Counter Claimant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
(See above for address)
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
(See above for address)
TERMINATED: 04/02/2010 PRO HAC VICE

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Volvo Cars of North America, Inc.
Counter Claimant
TERMINATED: 06/23/2010
Dana M Herberholz
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Jay Guiliano
(See above for address)
TERMINATED: 04/02/2010 LEAD ATTORNEY PRO HAC VICE

John N Zarian
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Matthew John Moore
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Pamela S Kane
(See above for address)
TERMINATED: 04/02/2010 PRO HAC VICE

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Volkswagen Group of America Inc
Counter Claimant
Mark A. Hannemann
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael J Lennon
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Philip J. McCabe
(See above for address)
LEAD ATTORNEY PRO HAC VICE

Stephen R Thomas
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan A Smith
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

David J Kaplan
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Tyler J Anderson
(See above for address)
ATTORNEY TO BE NOTICED

55 Brake, L.L.C.
Counter Defendant
Edward W Goldstein
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Matthew J.M. Prebeg
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Wendy Boone
(See above for address)
TERMINATED: 03/21/2011 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Elizabeth Herbst Schierman
(See above for address)
TERMINATED: 06/20/2011

Frank J Dykas
(See above for address)
ATTORNEY TO BE NOTICED

Stephen W Abbott
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-04-21 1 0 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 09760000000000344426.), filed by 55 Brake, L.L.C.. (Attachments: # 1 Exhibit A to Complaint, # 2 Cover Sheet, # 3 Summons to Audi of America, Inc., # 4 Summons to BMW of North America, L.L.C., # 5 Summons to Chrysler, L.L.C., # 6 Summons to Daimler North America Corporation, # 7 Summons to Ford Motor Company, # 8 Summons to Hyundai Motor America, # 9 Summons to Land Rover North America, Inc., # 10 Summons to Mazda Motor of America, Inc., # 11 Summons to Mercedes-Benz USA, L.L.C., # 12 Summons to Toyota Motor Sales, U.S.A., Inc., # 13 Summons to Volkswagen of America, Inc., # 14 Summons to Volvo Cars of North America, Inc.)(Schierman, Elizabeth)
2008-04-21 2 0 Corporate Disclosure Statement by 55 Brake, L.L.C.. (Schierman, Elizabeth)
2008-04-22 3 0 REPORT on the filing or determination of an action regarding patent number(s)see complaint for patent numbers (Notice sent to USPTO) (jm)
2008-05-15 4 0 NOTICE of Voluntary Dismissal by 55 Brake, L.L.C. (Schierman, Elizabeth)
2008-05-20 5 0 MOTION FOR PRO HAC VICE APPEARANCE for 55 Brake, L.L.C. ( Filing fee $ 200 receipt number 09760000000000354778.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 6/13/2008 (Schierman, Elizabeth)
2008-05-20 6 0 MOTION FOR PRO HAC VICE APPEARANCE for 55 Brake, L.L.C. ( Filing fee $ 200 receipt number 09760000000000354800.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 6/13/2008 (Schierman, Elizabeth)
2008-05-21 7 0 NOTICE of Voluntary Dismissal by 55 Brake, L.L.C. (Schierman, Elizabeth)
2008-05-21 8 0 DOCKET ENTRY ORDER approving 5 , 6 Applications for Pro Hac Vice Appearance of attorney Matthew Prebeg and Edward W Goldstein for 55 Brake, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk). (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2008-06-04 9 0 NOTICE of Voluntary Dismissal by 55 Brake, L.L.C. (Schierman, Elizabeth)
2008-06-20 10 0 AMENDED COMPLAINT and Demand for Jury Trial against all defendants, filed by 55 Brake, L.L.C.. (Attachments: # 1 Exhibit A - US Patent No. 6,450,587, # 2 Summons Audi of America, Inc., # 3 Summons to BMW of North America, LLC, # 4 Summons to Ford Motor Company, # 5 Summons to Hyundai Motor America, # 6 Summons to Land Rover North America, Inc., # 7 Summons to Mercedes-Benz USA, LLC, # 8 Summons to Volkswagen of America, Inc., # 9 Summons to Volvo Cars of North America, Inc.)(Goldstein, Edward)
2008-07-08 11 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Audi of America, Inc. served on 7/1/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-08 12 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. BMW of North America, LLC served on 6/30/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-08 13 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Ford Motor Company served on 6/30/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-08 14 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Land Rover North America, Inc. served on 6/30/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-08 15 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Mercedes-Benz USA, L.L.C. served on 6/30/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-08 16 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Volkswagen Group of America Inc served on 6/30/2008, answer due 7/21/2008. (Goldstein, Edward)
2008-07-18 17 0 MOTION for Extension of Time to File to Respond to Plaintiff's Amended Complaint - UNOPPOSED Tyler J Anderson appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 8/11/2008 (Anderson, Tyler)
2008-07-21 18 0 MOTION for Extension of Time to File Response to Plaintiff's Amended Complaint Dana Herberholz appearing for Defendants Mercedes-Benz USA, L.L.C., BMW of North America, LLC. Responses due by 8/14/2008 (Herberholz, Dana)
2008-07-22 19 0 DOCKET ENTRY ORDER - Pending before the Court are the unopposed Motions 17 18 for an Extension of Time to Respond to Plaintiff's Complaint. The Court having reviewed the pleadings shall grant the motions. IT IS HEREBY ORDERED THAT Defendants shall have until August 21, 2008, to Answer or otherwise respond to Plaintiff 55 Brake, L.L.C.'s Amended Complaint and Demand for Jury Trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2008-07-22 20 0 SUMMONS Returned Executed by 55 Brake, L.L.C.. Hyundai Motor America served on 7/14/2008, answer due 8/21/2008. (Goldstein, Edward)
2008-07-22 21 0 MOTION for Extension of Time to File Response to Amended Complaint Dana Herberholz appearing for Defendants Ford Motor Company, Land Rover North America, Inc.. Responses due by 8/15/2008 (Herberholz, Dana)
2008-07-23 22 0 MOTION for Extension of Time to File Response to Amended Complaint Dana Herberholz appearing for Defendant Volvo Cars of North America, Inc.. Responses due by 8/18/2008 (Herberholz, Dana)
2008-07-24 23 0 DOCKET ENTRY ORDER - Pending before the Court are the Motions 21 22 for an Extension of Time to File an Answer to the Amended Complaint filed by Defendants Ford Motor Company, Land Rover North America, and Defendant Volvo of North America, Inc. The Court having considered the pleadings shall grant the motions. IT IS HEREBY ORDERED THAT the Answers shall be filed on or before August 21, 2008. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2008-07-29 24 0 APPLICATION FOR PRO HAC VICE APPEARANCE for Mercedes-Benz USA, L.L.C., BMW of North America, LLC ( Filing fee $ 200 receipt number 09760000000000376765.) Joseph P. Lavell appearing for Defendants Mercedes-Benz USA, L.L.C., BMW of North America, LLC, Mercedes-Benz USA, L.L.C., BMW of North America, LLC. Filed by attorney John N Zarian. Responses due by 8/22/2008 (Zarian, John) Modified on 7/30/2008 to edit text (jm).
2008-07-29 25 0 APPLICATION FOR PRO HAC VICE APPEARANCE for Mercedes-Benz USA, L.L.C., BMW of North America, LLC ( Filing fee $ 200 receipt number 09760000000000376778.) Vivian S. Kuo appearing for Defendants Mercedes-Benz USA, L.L.C., BMW of North America, LLC, Mercedes-Benz USA, L.L.C., BMW of North America, LLC. Filed by attorney John N Zarian. Responses due by 8/22/2008 (Zarian, John) Modified on 7/30/2008 to edit text (jm).
2008-07-29 26 0 APPLICATION FOR PRO HAC VICE APPEARANCE for Mercedes-Benz USA, L.L.C., BMW of North America, LLC ( Filing fee $ 200 receipt number 09760000000000376785.) Thomas M. Dunham appearing for Defendants Mercedes-Benz USA, L.L.C., BMW of North America, LLC, Mercedes-Benz USA, L.L.C., BMW of North America, LLC. Filed by attorney John N Zarian. Responses due by 8/22/2008 (Zarian, John) Modified on 7/30/2008 to edit text (jm).
2008-07-29 27 0 APPLICATION FOR PRO HAC VICE APPEARANCE for Mercedes-Benz USA, L.L.C., BMW of North America, LLC ( Filing fee $ 200 receipt number 09760000000000376789.) Clinton H. Brannon appearing for Defendants Mercedes-Benz USA, L.L.C., BMW of North America, LLC, Mercedes-Benz USA, L.L.C., BMW of North America, LLC. Filed by attorney John N Zarian. Responses due by 8/22/2008 (Zarian, John) Modified on 7/30/2008 to edit text (jm).
2008-07-30 28 0 DOCKET ENTRY ORDER approving Applications for Pro Hac Vice Appearance of attorneys Joseph P. Lavelle, Vivian S. Kuo, Thomas M. Dunham and Clinton H. Brannon for Mercedes-Benz USA, L.L.C. and BMW of North America, LLC. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) re 24 , 25 , 26 , 27 (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2008-08-06 29 0 NOTICE by 55 Brake, L.L.C. of Voluntary Dismissal Without Prejudice for Hyundai Motor America (Goldstein, Edward)
2008-08-12 30 0 NOTICE of Hearing: Telephonic Scheduling Conference set for 9/3/2008 09:00 AM (MDT - Boise Time)in Boise Chambers before Judge B. Lynn Winmill. (Attachments: # 1 Litigation Plan Letter, # 2 Patent Litigation Plan)(lg)
2008-08-15 31 0 MOTION FOR PRO HAC VICE APPEARANCE for Audi of America, Inc., Volkswagen Group of America Inc for appearance of attorney Susan A. Smith ( Filing fee $ 200 receipt number 09760000000000382341.)by Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 9/8/2008 (Thomas, Stephen) Modified on 8/15/2008 (wm).
2008-08-15 32 0 MOTION FOR PRO HAC VICE APPEARANCE for Audi of America, Inc., Volkswagen Group of America Inc ( Filing fee $ 200 receipt number 09760000000000382375.) Michael J. Lennon appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc, Responses due by 9/8/2008 (Thomas, Stephen) Modified on 8/15/2008 (wm).
2008-08-15 33 0 MOTION FOR PRO HAC VICE APPEARANCE for Audi of America, Inc., Volkswagen Group of America Inc ( Filing fee $ 200 receipt number 09760000000000382405.) Mark A. Hannemann appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc, Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 9/8/2008 (Thomas, Stephen) Modified on 8/15/2008 (wm).
2008-08-18 34 0 DOCKET ENTRY ORDER approving 31 , 32 , 33 Applications for Pro Hac Vice Appearance of attorneys Mark A. Hannemann, Michael J Lennon, and Susan A Smith for Audi of America, Inc. and Volkswagen Group of America Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2008-08-20 35 0 MOTION FOR PRO HAC VICE APPEARANCE for Volvo Cars of North America, Inc., Ford Motor Company, Land Rover North America, Inc. ( Filing fee $ 200 receipt number 09760000000000383713.)John N Zarian appearing for Defendants Volvo Cars of North America, Inc., Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc., Ford Motor Company, Land Rover North America, Inc.. Responses due by 9/15/2008 (Zarian, John)
2008-08-20 36 0 MOTION FOR PRO HAC VICE APPEARANCE for Volvo Cars of North America, Inc., Ford Motor Company, Land Rover North America, Inc. ( Filing fee $ 200 receipt number 09760000000000383729.)John N Zarian appearing for Defendants Volvo Cars of North America, Inc., Ford Motor Company, Land Rover North America, Inc.. Responses due by 9/15/2008 (Zarian, John)
2008-08-21 37 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM against 55 Brake, L.L.C. by BMW of North America, LLC.(Zarian, John)
2008-08-21 38 0 Corporate Disclosure Statement by BMW of North America, LLC identifying Corporate Parent BMW (US) Holding Corp., Corporate Parent BMW A.G. for ; Corporate Parent BMW (US) Holding Corp., Corporate Parent BMW A.G. for.. (Zarian, John)
2008-08-21 39 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM against 55 Brake, L.L.C. by Mercedes-Benz USA, L.L.C..(Zarian, John)
2008-08-21 40 0 Corporate Disclosure Statement by Mercedes-Benz USA, L.L.C. identifying Corporate Parent Daimler North America Corp., Corporate Parent Daimler AG for Mercedes-Benz USA, L.L.C., Mercedes-Benz USA, L.L.C... (Zarian, John)
2008-08-21 41 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM against 55 Brake, L.L.C. by Land Rover North America, Inc..(Zarian, John)
2008-08-21 42 0 Corporate Disclosure Statement by Land Rover North America, Inc. identifying Corporate Parent Jaguar Cars Limited, Corporate Parent Tata Motors Limited for Land Rover North America, Inc., Land Rover North America, Inc... (Zarian, John)
2008-08-21 43 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM against 55 Brake, L.L.C. by Ford Motor Company.(Zarian, John)
2008-08-21 44 0 Corporate Disclosure Statement by Ford Motor Company. (Zarian, John)
2008-08-21 45 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM against 55 Brake, L.L.C. by Volvo Cars of North America, Inc..(Zarian, John)
2008-08-21 46 0 Corporate Disclosure Statement by Volvo Cars of North America, Inc. identifying Corporate Parent Ford Motor Company for Volvo Cars of North America, Inc., Volvo Cars of North America, Inc... (Zarian, John)
2008-08-21 47 0 ANSWER to 10 Amended Complaint,,, COUNTERCLAIM of Defendant volkswagen Group of America, Inc. against 55 Brake, L.L.C. by Volkswagen Group of America Inc.(Thomas, Stephen)
2008-08-21 48 0 Corporate Disclosure Statement by Volkswagen Group of America Inc. (Thomas, Stephen)
2008-08-21 49 0 DOCKET ENTRY ORDER approving 35 , 36 Applications for Pro Hac Vice Appearance of attorneys J. Jay Guiliano and Matthew J. Moore for Volvo Cars of North America, Inc., Land Rover North America, Inc., Ford Motor Company. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2008-08-25 50 0 MOTION FOR PRO HAC VICE APPEARANCE for Audi of America, Inc., Volkswagen Group of America Inc ( Filing fee $ 200 receipt number 09760000000000385209.)Stephen R Thomas appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc, Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 9/18/2008 (Thomas, Stephen)
2008-08-25 51 0 NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., 55 Brake, L.L.C., BMW of North America, LLC, Ford Motor Company, Land Rover North America, Inc. re 1 Complaint, 10 Amended Complaint, Answers to Amended Complaint and Counterclaims, 37 , 39 , 41 , 43 , and 45 Consent/Objection to Magistrate due by 10/27/2008. (jm)
2008-08-26 52 0 NOTICE by 55 Brake, L.L.C. Regarding Telephonic Conference on Sept. 3, 2008 (Prebeg, Matthew)
2008-08-26 53 0 DOCKET ENTRY ORDER granting 50 Application for Pro Hac Vice Appearance of attorney Georg C Reitboeck for Audi of America, Inc. and Volkswagen Group of America Inc Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2008-08-27 54 0 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by 55 Brake, L.L.C.. (Schierman, Elizabeth)
2008-09-03 55 0 CASE MANAGEMENT ORDER Telephone scheduling conference held 9/3/08. Markman Hearing set for 6/26/2009 09:00 AM in Boise, ID before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2008-09-03 56 0 RETURN MAIL undelivered as to Susan Smith re: 34 Order on Motion for Pro Hac Vice Appearance (called Ms. Smith to ask that she register for electronic notification) (jm)
2008-09-10 57 0 ANSWER to 37 Answer to Amended Complaint, Counterclaim of BMW of North America, LLC by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-10 58 0 ANSWER to 43 Answer to Amended Complaint, Counterclaim of Ford Motor Company by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-10 59 0 ANSWER to 41 Answer to Amended Complaint, Counterclaim of Jaguar Land Rover North America by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-10 60 0 ANSWER to 39 Answer to Amended Complaint, Counterclaim of Mercedes-Benz USA, LLC by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-10 61 0 ANSWER to 47 Answer to Amended Complaint, Counterclaim of Volkswagen Group of America, Inc. by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-10 62 0 ANSWER to 45 Answer to Amended Complaint, Counterclaim of Volvo Cars of North America, Inc. by 55 Brake, L.L.C..(Schierman, Elizabeth)
2008-09-25 63 0 RETURN MAIL undelivered as to Susan A. Smith re: 53 Order on Motion for Pro Hac Vice Appearance, (dks)
2009-01-05 64 0 MEMORANDUM DECISION AND ORDER Plaintiffs shall modify their discovery requests to be limited to Markman issues and comply with this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2009-03-11 65 0 Consent MOTION for Protective Order Dana Herberholz appearing for Defendants Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., BMW of North America, LLC, Ford Motor Company, Land Rover North America, Inc., Counter Claimants BMW of North America, LLC, Mercedes-Benz USA, L.L.C., Land Rover North America, Inc., Ford Motor Company, Volvo Cars of North America, Inc.. Responses due by 4/6/2009 (Attachments: # 1 Exhibit A)(Herberholz, Dana)
2009-03-27 66 0 MEMORANDUM/BRIEF filed by Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., BMW of North America, LLC, Ford Motor Company, Land Rover North America, Inc. Joint Claim Construction and Pre-Hearing Statement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2)(Herberholz, Dana)
2009-04-09 67 0 DOCKET ENTRY ORDER - IT IS HEREBY ORDERED THAT the Markman hearing currently scheduled in this case on Friday, June 26, 2009 at 9:00 a.m. shall remain on the Court's calendar as scheduled. However, the Markman hearing shall be conducted by The Honorable Brian T. Stewart, United States District Judge for the District of Utah, sitting by special designation. The Court has scheduled all day for the hearing. If the parties determine less time is needed, they shall immediately notify Sherri O'Larey at (208) 334-1473. Signed by Judge B. Lynn Winmill. (sbh)
2009-04-09 68 0 STIPULATED PROTECTIVE ORDER. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Entered: 04/10/2009)
2009-05-15 69 0 MEMORANDUM/BRIEF filed by Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., BMW of North America, LLC, Land Rover North America, Inc., Ford Motor Company DEFENDANTS' OPENING CLAIM CONSTRUCTION MEMORANDUM IN SUPPORT OF THEIR PROPOSED CONTSTRUCTIONS. (Attachments: # 1 Declaration of J. Jay Guiliano, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Herberholz, Dana)
2009-05-15 70 0 MEMORANDUM/BRIEF filed by 55 Brake, L.L.C. Plaintifff 55 Brake's Opening Claim Construction Brief. (Attachments: # 1 Exhibit A - US Patent No. 6,450,587, # 2 Exhibit B - List of Disputed Terms of the '587 Pat.)(Prebeg, Matthew)
2009-05-15 71 0 MEMORANDUM/BRIEF filed by Volkswagen Group of America Inc --Claim Construction Brief. (Attachments: # 1 Declaration of Georg C. Reitboeck, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit C-1, # 6 Exhibit C-2, # 7 Exhibit C-3, # 8 Exhibit C-4, # 9 Exhibit C-5, # 10 Exhibit C-6, # 11 Exhibit D, # 12 Exhibit E, # 13 Exhibit F, # 14 Exhibit G)(Anderson, Tyler)
2009-05-19 72 0 SUPPLEMENT by Defendant Volkswagen Group of America Inc re 71 Memorandum/Brief (generic), Submission of CD Containing Exhibits C and E. (Anderson, Tyler)
2009-05-19 73 0 CD Containing Exhibits C and E by Volkswagen Group of America Inc re 72 Supplement, 71 Memorandum, (Disk in expandable file folder on shelf in Clerk's Office) (jm) (Entered: 05/20/2009)
2009-05-29 74 0 RESPONSE re 70 Memorandum/Brief (generic) filed by Volkswagen Group of America Inc Defendant Volkswagen Group of America, Inc.'s Response to Plaintiff 55 Brake's Claim Construction Brief. (Thomas, Stephen)
2009-05-29 75 0 MEMORANDUM/BRIEF re 69 Memorandum/Brief (generic),, 71 Memorandum/Brief (generic), filed by 55 Brake, L.L.C. Plaintiff's Responsive Claim Construction Brief. (Attachments: # 1 Exhibit A - US Patent No. 6,450,587)(Prebeg, Matthew)
2009-05-29 76 0 RESPONSE re 70 Memorandum/Brief (generic) filed by Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., BMW of North America, LLC, Ford Motor Company, Land Rover North America, Inc. Response to 55 Brake's Opening Claim Construction Brief. (Herberholz, Dana).
2009-06-02 77 0 Consent MOTION for Leave to File To Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions Matthew M Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 6/26/2009 (Prebeg, Matthew)
2009-06-04 78 0 DOCKET ENTRY NOTICE RESCHEDULING Hearing:Please be advised that the Markman Hearing set for 6/26/09 has been RESCHEDULED TO 6/25/2009 01:00 PM in Boise, ID before Judge Brian Ted Stewart. This hearing has been scheduled for a total of 1 1/2 hours for argument. The parties to focus their arguments on the term "a management mechanism."(so)
2009-06-12 79 0 REPLY re 70 Memorandum/Brief (generic) filed by Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc., BMW of North America, LLC, Land Rover North America, Inc., Ford Motor Company Defendants' Reply to 55 Brake's Responsive Claim Construction Brief. (Herberholz, Dana)
2009-06-12 80 0 REPLY re 70 Memorandum/Brief (generic) filed by Volkswagen Group of America Inc . (Thomas, Stephen)
2009-06-12 81 0 REPLY re 74 Response(generic), 69 Memorandum/Brief (generic),, 76 Response(generic), 71 Memorandum/Brief (generic), 70 Memorandum/Brief (generic), 75 Memorandum/Brief (generic) filed by 55 Brake, L.L.C. 55 Brake's Reply Claim Construction Brief. (Attachments: # 1 Exhibit A - US Patent 6,450,587)(Prebeg, Matthew)
2009-06-15 82 0 DOCKET ENTRY ORDER - Pending before the Court is Plaintiff 55 Brake, L.L.C.'s unopposed Motion 77 for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions. The Court having considered the pleadings shall grant the motion. IT IS HEREBY ORDERED THAT the Consent Motion for Leave to Amend Plaintiff's Disclosure of Asserted Claims and Infringement Contentions is GRANTED. Signed by Judge Brian Ted Stewart. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2009-06-16 83 0 MOTION FOR PRO HAC VICE APPEARANCE for Audi of America, Inc., Volkswagen Group of America Inc ( Filing fee $ 200 receipt number 09760000000000487729.)Stephen R Thomas appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc, Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 7/10/2009 (Thomas, Stephen)
2009-06-18 84 0 DOCKET ENTRY ORDER approving 83 Application for Pro Hac Vice Appearance of attorney Philip J. McCabe for Volkswagen Group of America Inc, Audi of America. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2009-06-19 85 0 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 7/13/2009 (Attachments: # 1 Statement of Material Facts In Support of Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity, # 2 Memorandum in Support of Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity, # 3 Declaration of Dr. A. J. Nichols in Support of Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity, # 4 Exhibits A, B, C & D to the Declaration of Dr. A. J. Nichols)(Anderson, Tyler)
2009-06-19 86 0 AFFIDAVIT in Support by Georg C. Reitboeck re 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity filed by Volkswagen Group of America Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Anderson, Tyler)
2009-06-23 87 0 MOTION FOR PRO HAC VICE APPEARANCE for 55 Brake, L.L.C. ( Filing fee $ 200 receipt number 09760000000000490308.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/17/2009 (Schierman, Elizabeth)
2009-06-26 88 0 DOCKET ENTRY ORDER approving 87 Application for Pro Hac Vice Appearance of attorney Wendy Boone for 55 Brake, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2009-06-25 89 0 Minute Entry for proceedings held before Judge Brian Ted Stewart: Markman Hearing held on 6/25/2009. Court hears argument on the appropriate meaning of the term, a management mechanism, as it relates to the patent infringement alleged by plaintiffs. The Court takes matter under advisement, and will issue a ruling as soon as possible. (Court Reporter/ESR Patti Walker.) (slm) Modified on 6/29/2009 (ks): Appearances: Edward Goldstein, Matthew Prebeg and Elizabeth Schiermann for plas; George Reitboeck, Mark Hannemann, Tyler Anderson, Dana Herberholz, John Zarian, Joseph Lavelle and Matt Moore for defs (Entered: 06/29/2009)
2009-07-01 90 0 MOTION for Extension of Time to File Response/Reply as to 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity (Unopposed) Matthew M Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/27/2009 (Prebeg, Matthew)
2009-07-08 91 0 MEMORANDUM DECISION AND ORDER on claim construction. Signed by Judge Brian Ted Stewart. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2009-07-09 92 0 NOTICE of Hearing on Motion 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity : Motion Hearing set for 10/14/2009 03:30 PM in Boise, ID before Judge B. Lynn Winmill. (lg)
2009-07-10 93 0 DOCKET ENTRY ORDER - Pending before the Court is Plaintiff 55 Brake, L.L.C.'s unopposed Motion 90 for an Extension of Time to Respond to Defendant Volkswagen Group of America, Inc.'s (VGoA) Motion for Summary Judgment of Invalidity. The Court having considered the pleadings shall grant the motion. IT IS HEREBY ORDERED THAT the Response Brief shall be filed on or before August 12, 2009; and the Reply Brief, if any, shall be filed on or before August 24, 2009. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2009-07-31 94 0 Transcript of Proceedings held on 6/25/09 before Judge Ted Stewart. Court Reporter/Transcriber Patti Walker. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed. Redaction Request due 8/24/2009. Redacted Transcript Deadline set for 9/3/2009. Release of Transcript Restriction set for 11/2/2009.(jm) (Entered: 08/03/2009)
2009-08-03 95 0 Notice of Filing of Official Transcript (jm)
2009-08-12 96 0 RESPONSE to Motion re 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity Plaintiff's Response to Volkswagen's Motion for Summary Judgment of Invalidity Filed on June 19, 2009 filed by 55 Brake, L.L.C.. Replies due by 8/31/2009. (Attachments: # 1 Exhibit 1 - US Patent No. 6,450,587, # 2 Exhibit 2 - US Patent No. 5,706,909, # 3 Exhibit 3 - US Patent No. 5, 675,190, # 4 Exhibit 4 - 55 Brake's Statement of Disputed Facts, # 5 Exhibit 5 - Declaration of Hal Watson, Jr., Ph.D., P.E.)(Prebeg, Matthew)
2009-08-21 97 0 MOTION for Extension of Time to File Response/Reply as to 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity -- UNOPPOSED Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 9/14/2009 (Anderson, Tyler)
2009-08-24 98 0 DOCKET ENTRY ORDER - Pending before the Court is Defendant Volkswagen Group of America, Inc.'s unopposed Motion 97 for an Extension of Time to File a Reply in Support of Motion for Summary Judgment. The Court having reviewed the pleadings, shall grant the motion. IT IS HEREBY ORDERED THAT Defendant Volkswagen Group of America, Inc. shall have until September 9, 2009, to file its reply brief. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2009-09-09 99 0 REPLY to Response to Motion re 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity filed by Volkswagen Group of America Inc.(Anderson, Tyler)
2009-10-14 100 0 Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 10/14/2009 re 85 MOTION for Summary Judgment Defendant Volkswagen Group of America, Inc.'s Motion for Summary Judgment of Invalidity filed by Volkswagen Group of America Inc. (Court Reporter/ESR Tammy Hohenleitner.) (jlg) (Entered: 10/15/2009)
2009-10-16 101 0 MEMORANDUM/BRIEF filed by Volkswagen Group of America Inc. (Thomas, Stephen)
2009-11-23 102 0 MEMORANDUM DECISION AND ORDER Denying 85 MOTION for Summary Judgment filed by Volkswagen Group of America Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm) (Entered: 11/24/2009)
2009-12-03 103 0 NOTICE by Volkswagen Group of America Inc Request for Status Conference (Thomas, Stephen)
2009-12-05 104 0 DOCKET ENTRY NOTICE of Hearing: Please be advised that a telephonic status conference will be held with Judge Winmill's Law Clerk Dave Metcalf on December 17, 2009 at 10:00 a.m. Plaintiff's counsel shall place the call with opposing counsel on the line to (208) 334-9025. (jlg)
2009-12-17 105 0 DOCKET ENTRY ORDER - The Court's Staff held a telephone conference with all counsel on this date. Trial in this case shall be held on January 24, 2011, at 1:30 p.m. in the James A. McClure Federal Building and U.S. Courthouse in Boise, Idaho. Additionally, a telephonic pretrial conference shall be scheduled on January 11, 2011 at 3:00 p.m. Plaintiff shall place the call with opposing counsel on the line to (208) 334-9145. Counsel are to work out stipulated pre-trial deadlines and file the stipulation for Court approval. Signed by Judge B. Lynn Winmill. (sbh)
2010-01-19 106 0 MOTION FOR PRO HAC VICE APPEARANCE by Christopher J. Cuneco. ( Filing fee $ 200 receipt number 0976-560277.)John N Zarian appearing for Counter Claimants BMW of North America, LLC, Mercedes-Benz USA, L.L.C., Defendants BMW of North America, LLC, Mercedes-Benz USA, L.L.C.. Responses due by 2/12/2010 (Zarian, John)
2010-01-19 107 0 MOTION FOR PRO HAC VICE APPEARANCE by Ann Marie Phillips. ( Filing fee $ 200 receipt number 0976-560278.)John N Zarian appearing for Counter Claimants BMW of North America, LLC, Mercedes-Benz USA, L.L.C., Defendants BMW of North America, LLC, Mercedes-Benz USA, L.L.C.. Responses due by 2/12/2010 (Zarian, John)
2010-01-20 108 0 DOCKET ENTRY ORDER Approving 106 , 107 Applications for Pro Hac Vice Appearance of attorneys Ann Marie Phillips, and Christopher J Cuneo for BMW of North America, LLC and Mercedes-Benz USA, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2010-01-22 109 0 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Volkswagen Group of America Inc. (Attachments: # 1 Proposed Scheduling Order)(Anderson, Tyler)
2010-01-27 110 0 SCHEDULING CONFERENCE FORM - LITIGATION PLAN by BMW of North America, LLC, Ford Motor Company, Land Rover North America, Inc., Mercedes-Benz USA, L.L.C., Volvo Cars of North America, Inc.. (Zarian, John)
2010-02-02 111 0 CASE MANAGEMENT ORDER-Standard- Non-Binding ADR Plan to be filed by 6/1/2010. Amended Pleadings due by 3/5/2010. Discovery due by 9/6/2010. Joinder of Parties due by 3/5/2010. Motions due by 9/13/2010. Jury Trial set for 1/24/2011 01:30 PM in Boise, ID before Judge B. Lynn Winmill. Telephonic Trial Readiness Conference set for 1/11/2011 03:00 PM in Boise Chambers before Judge B. Lynn Winmill.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-02-09 112 0 MOTION FOR PRO HAC VICE APPEARANCE by Patricia S. Kane. ( Filing fee $ 200 receipt number 0976-568519.)John N Zarian appearing for Defendants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc., Counter Claimants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc.. Responses due by 3/5/2010 (Zarian, John)
2010-02-09 113 0 MOTION Correct Pro Hac Vice Application re 112 MOTION FOR PRO HAC VICE APPEARANCE by Patricia S. Kane. ( Filing fee $ 200 receipt number 0976-568519.) John N Zarian appearing for Defendants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc., Counter Claimants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc.. Responses due by 3/5/2010 (Zarian, John)
2010-02-10 114 0 DOCKET ENTRY ORDER Approving 112 , 113 Application(s) for Pro Hac Vice Appearance of attorney Pamela S Kane for Ford Motor Company, Land Rover North America, Inc., Land Rover North America, Inc. and Volvo Cars of North America, Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by jm)
2010-03-04 115 0 MOTION for Extension of Time to Amend Answer and Counterclaim -- UNOPPOSED -- Stephen R Thomas appearing for Counter Claimant Volkswagen Group of America Inc, Defendant Volkswagen Group of America Inc. Responses due by 3/29/2010 (Thomas, Stephen)
2010-03-05 116 0 DOCKET ENTRY ORDER - Pending before the Court is the unopposed Motion 115 for an Extension of Time to Amend Answer and Counterclaim. The Court having considered the pleadings shall grant the Motion. IT IS HEREBY ORDERED THAT the deadline for filing the Amended Answer and Counterclaim is March 26, 2010. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2010-03-15 117 0 NOTICE of Change of Address by Matthew John Moore (Moore, Matthew)
2010-03-24 118 0 MOTION for Leave to File UNOPPOSED MOTION TO WITHDRAW AS COUNSEL OF RECORD Pamela S Kane appearing for Defendants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc., Counter Claimants Ford Motor Company, Land Rover North America, Inc., Volvo Cars of North America, Inc.. Responses due by 4/19/2010 (Kane, Pamela)
2010-03-24 119 0 UNOPPOSED MOTION to Withdraw as Counsel of Record. J. Jay Guiliano moves the Court for leave to withdraw his appearance for Defendants Jaguar Land Rover North America, LLC ("JLRNA"), Ford Motor Company ("Ford"), and Volvo Cars of North America, Inc ("Volvo"). Responses due by 4/19/2010 (Kane, Pamela)
2010-03-26 120 0 MOTION for Leave to File Its Amended Answer and Counterclaim -- UNOPPOSED -- Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 4/19/2010 (Anderson, Tyler)
2010-03-26 121 0 Sealed Document Re: 120 MOTION for Leave to File Its Amended Answer and Counterclaim -- UNOPPOSED -- Proposed Amended Answer and Counterclaim. (Anderson, Tyler)
2010-03-30 122 0 MOTION for Leave to File Unopposed Motion to Withdraw as Counsel of Record Christopher J Cuneo appearing for Defendants BMW of North America, LLC, Mercedes-Benz USA, L.L.C.. Responses due by 4/23/2010 (Cuneo, Christopher)
2010-03-31 123 0 MOTION for Leave to File Supplement to Its Invalidity Contentions - UNOPPOSED - Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 4/26/2010 (Anderson, Tyler)
2010-04-02 124 0 DOCKET ENTRY ORDER - Pending before the Court is Defendant Volkswagen Group of America, Inc.'s unopposed Motion 120 for Leave to File its Amended Answer and Counterclaim. The Court having considered the pleadings shall grant the Motion. IT IS HEREBY ORDERED THAT Defendant Volkswagen Group of America, Inc.'s unopposed Motion for Leave to File its Amended Answer and Counterclaim is GRANTED. Signed by Judge B. Lynn Winmill. (sbh)
2010-04-02 125 0 DOCKET ENTRY ORDER - Pending before the Court is Pamela S. Kane's unopposed Motion to Withdraw as Counsel of Record for Defendants Jaguar Land Rover North America, LLC, Ford Motor Company, and Volvo Cars of North America, Inc. The Court having considered the pleadings shall grant the Motion 118 . IT IS HEREBY ORDERED THAT Pamela S. Kane's unopposed Motion to Withdraw as Counsel of Record is GRANTED. Signed by Judge B. Lynn Winmill. (sbh)
2010-04-02 126 0 DOCKET ENTRY ORDER - Pending before the Court is J. Jay Guiliano's unopposed Motion to Withdraw as Counsel of Record for Defendants Jaguar Land Rover North America, LLC, Ford Motor Company, and Volvo Cars of North America, Inc. The Court having considered the pleadings shall grant the Motion 119 . IT IS HEREBY ORDERED THAT J. Jay Guiliano's unopposed Motion to Withdraw as Counsel of Record is GRANTED. Signed by Judge B. Lynn Winmill. (sbh)
2010-04-02 127 0 DOCKET ENTRY ORDER - Pending before the Court is Christopher J. Cuneo's unopposed Motion to Withdraw as Counsel of Record for Defendants BMW of North America, LLC, Mercedes-Benz USA, L.L.C. The Court having considered the pleadings shall grant the Motion 122 . IT IS HEREBY ORDERED THAT Christopher J. Cuneo's unopposed Motion to Withdraw as Counsel of Record is GRANTED. Signed by Judge B. Lynn Winmill. (sbh)
2010-04-02 128 0 DOCKET ENTRY ORDER - Now pending before the Court is Defendant Volkswagen Group of America, Inc.'s unopposed Motion for Leave to Supplement its Invalidity Contentions. Having reviewed said Motion 123 and good cause appearing therefor; IT IS HEREBY ORDERED THAT Defendant Volkswagen Group of America, Inc.'s unopposed Motion for Leave to Supplement its Invalidity Contentions shall be GRANTED. Signed by Judge B. Lynn Winmill (sbh)
2010-04-20 129 0 MOTION for Extension of Time to File Response/Reply as to 121 Sealed Document Plaintiff's Unopposed Motion for Extension of Time to Reply to Volkswagen Group of America, Inc.'s Amended Counterclaim Matthew M Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 5/14/2010 (Prebeg, Matthew)
2010-04-21 130 0 STIPULATION of Dismissal Stipulation of Dismissal with Prejudice of BMW of North America, LLC by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-04-21 131 0 DOCKET ENTRY ORDER - Pending before the Court is the unopposed Motion 129 for an Extension of Time to file a Response to Volkswagen Group of America, Inc.'s Amended Counterclaim. The Court having considered the pleadings shall grant the Motion. IT IS HEREBY ORDERED THAT the response shall be filed by Friday, April 22, 2010. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by sbh)
2010-04-21 132 0 DOCKET ENTRY ORDER - Pending before the Court is the Stipulation of Dismissal with Prejudice 130 filed April 21, 2010, between Plaintiff 55 BRAKE, L.L.C. and Defendant BMW OF NORTH AMERICA, L.L.C. The Court having considered the pleadings shall approve the Stipulation. IT IS HEREBY ORDERED THAT all claims made by 55 Brake against BMW and all claims made by BMW against 55 Brake are hereby DISMISSED with Prejudice. All parties shall bear their own costs and expenses relating to this litigation (including attorney and expert fees and expenses). Signed by Judge B. Lynn Winmill. (sbh)
2010-04-22 133 0 RESPONSE re 121 Sealed Document filed by 55 Brake, L.L.C. Plaintiff's Answer to Volkswagen Group of America, Inc.'s Amended Counterclaim. (Prebeg, Matthew)
2010-04-22 134 0 MOTION to Seal [Proposed] Amended Answer, Affirmative Defenses, and Counterclaims Dana Herberholz appearing for Defendant Land Rover North America, Inc.. Responses due by 5/17/2010 (Herberholz, Dana)
2010-04-22 135 0 [Proposed] Amended Answer, Affirmative Defenses, and Counterclaims Exhibit 1 Dana Herberholz appearing for Defendant Land Rover North America, Inc. (Herberholz, Dana) Modified on 4/23/2010 to seal per attorney's request (jm).
2010-04-22 136 0 Exhibit 2 to [Proposed] First Amended Answer, Affirmative Defenses, and Counterclaims Dana Herberholz appearing for Defendant Land Rover North America, Inc..(Herberholz, Dana)
2010-04-22 137 0 MOTION to modify scheduling order and for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims Dana Herberholz appearing for Defendant Land Rover North America, Inc.. Responses due by 5/17/2010 (Attachments: # 1 Memorandum in Support)(Herberholz, Dana)
2010-05-07 138 0 MOTION for Extension of Time to Complete Discovery and ADR Deadlines - Stipulated John N Zarian appearing for Counter Claimant Land Rover North America, Inc., Defendant Land Rover North America, Inc.. Responses due by 6/1/2010 (Zarian, John)
2010-05-13 139 0 RESPONSE to Motion re 137 MOTION for Leave to File Amended Answer, Affirmative Defenses, and Counterclaims (Plaintiff's Response to Jaguar Land Rover North America, LLC's Motion for Leave to File its Answer, Affirmative Defenses, and Counterclaims) filed by 55 Brake, L.L.C.. Replies due by 6/1/2010. (Attachments: # 1 Exhibit A)(Prebeg, Matthew)
2010-05-18 140 0 MOTION FOR PRO HAC VICE APPEARANCE by Stephen W. Abbott. ( Filing fee $ 200 receipt number 0976-607938.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 6/11/2010 (Schierman, Elizabeth)
2010-05-19 141 0 ORDER granting 138 Stipulated Motion to extend discovery and ADR deadlines. Fact discovery to be completed on or before 6/18/10 and that non-binding ADR be completed on or before 8/2/10. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-05-19 142 0 DOCKET ENTRY ORDER granting 140 Application for Pro Hac Vice Appearance of attorney Stephen W. Abbott for 55 Brake, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-06-02 143 0 MOTION FOR PRO HAC VICE APPEARANCE by Elizabeth S. Tse. ( Filing fee $ 200 receipt number 0976-613828.)Tyler J Anderson appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 6/28/2010 (Anderson, Tyler)
2010-06-03 144 0 DOCKET ENTRY ORDER granting 143 Application for Pro Hac Vice Appearance of attorney Elizabeth S Tse for Audi of America, Inc. and Volkswagen Group of America Inc Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-06-08 145 0 MOTION FOR PRO HAC VICE APPEARANCE by Andrew Jack Kochanowski. ( Filing fee $ 200 receipt number 0976-616168.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/2/2010 (Schierman, Elizabeth)
2010-06-08 146 0 MOTION FOR PRO HAC VICE APPEARANCE by Lisa Rycus Mikalonis. ( Filing fee $ 200 receipt number 0976-616169.)Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/2/2010 (Schierman, Elizabeth)
2010-06-09 147 0 DOCKET ENTRY ORDER granting 145 and 146 Applications for Pro Hac Vice Appearance of attorneys Andrew Jack Kochanowski and Lisa Rycus Mikalonis for 55 Brake, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-06-09 148 0 STIPULATION of Dismissal with Prejudice of Mercedez-Benz USA, LLC by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-06-10 149 0 ORDER re 148 Stipulation of Dismissal filed by 55 Brake, L.L.C. It is therefore ORDERED that all claims made by 55 Brake against MBUSA and all claims made by MBUSA against 55 Brake theirin are hereby DISMISSED with prejudice. All parties shall bear their own costs and expenses relating to this litigation. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2010-06-18 150 0 STIPULATION of Dismissal with Prejudice of Jaguar Land Rover North America, LLC by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-06-18 151 0 MOTION Stipulated Motion Requesting Bench Trial on Inequitable Conduct and Stay of Other Proceedings Matthew M Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/12/2010 (Prebeg, Matthew)
2010-06-21 152 0 STIPULATION of Dismissal with Prejudice of Volvo Cars of North America, Inc. by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-06-21 153 0 STIPULATION of Dismissal with Prejudice of Ford Motor Company by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-06-23 154 0 ORDER granting 150 Stipulation of Dismissal of dft Jaguar Land Rover North America filed by 55 Brake, L.L.C.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-06-23 155 0 ORDER re 152 Stipulation of Dismissal filed by 55 Brake, L.L.C. It is therefore ORDERED that all claims made by 55 Brake against Volvo and all counterclaims made by Volvo against Brake 55 are hereby DISMISSED with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2010-06-23 156 0 ORDER re 153 Stipulation of Dismissal filed by 55 Brake, L.L.C. It is therefore ORDERED that all claims made by 55 Brake against Ford and all counterclaims made by Ford against 55 Brake are hereby DISMISSED with prejudice. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2010-07-27 157 0 DOCKET ENTRY ORDER: Finding as moot 134 Motion to Seal; finding as moot 137 Motion for Leave to File. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2010-07-28 158 0 MEMORANDUM DECISION AND ORDER granting in part and denying in part 151 Stipulated Motion requesting bench trial; Bench trial set for 3/21/11 at 8:30 a.m. in Boise before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2010-09-13 159 0 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 10/7/2010 (Attachments: # 1 Exhibit Proposed Order)(Prebeg, Matthew)
159 1 Exhibit Proposed Order
2010-09-13 160 0 STATEMENT OF MATERIAL FACTS IN SUPPORT OF 55 Brake, LLC's 159 MOTION for Summary Judgment of No Inequitable Conduct filed by 55 Brake, L.L.C. . (Prebeg, Matthew) Modified on 9/16/2010 to edit text (jm).
2010-09-13 161 0 DECLARATION re 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct filed by 55 Brake, L.L.C. Declaration of Stephen W. Abbott in Support of 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 6.1, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14)(Prebeg, Matthew) (Attachment 5 replaced on 9/14/2010) (cjm). Modified on 9/14/2010 to reflect NEF resent after attachment #5 was replaced (cjm). 2011-02-18 04:06:12 800d987c3c1c7bb0ccf0b41beee6fce9423dacab
161 1 Exhibit 1
161 2 Exhibit 2
161 3 Exhibit 3
161 4 Exhibit 4
161 5 Exhibit 5
161 6 Exhibit 6
161 7 Exhibit 6.1
161 8 Exhibit 7
161 9 Exhibit 8
161 10 Exhibit 9
161 11 Exhibit 10
161 12 Exhibit 11
161 13 Exhibit 12
161 14 Exhibit 13
161 15 Exhibit 14
2010-09-13 162 0 MOTION to Seal Document 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct 55 Brake, LLC's Motion to File Under Seal Documents in Support of its Motion for Summary Judgment of No Inequitable Conduct Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 10/7/2010 (Prebeg, Matthew)
2010-09-13 163 0 MEMORANDUM OF LAW IN SUPPORT of its Motion for Summary Judgment of No Inequitable Conduct re 159 MOTION for Summary Judgment filed by 55 Brake, L.L.C. (Prebeg, Matthew) Modified on 9/16/2010 to edit text (jm). 2011-02-18 04:07:22 169edaf1f413bcbdbab84049bb67ba6a1ce48455
2010-09-14 164 0 WITHDRAWAL OF DOCUMENT re: 162 MOTION to Seal Document 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct 55 Brake, LLC's Motion to File Under Seal Documents in Support of its Motion for Summary Judgment of No filed by 55 Brake, L.L.C.. (Prebeg, Matthew)
2010-09-14 165 0 Sealed Document Re: 161 Declaration, Declaration, Declaration 55 Brake, LLC's Notice of Filing of Sealed Documents in Support of its Motion for Summary Judgment of No Inequitable Conduct. (Attachments: # 1 Exhibit 2, # 2 Exhibit 4, # 3 Exhibit 6, # 4 Exhibit 6.1)(Prebeg, Matthew)
2010-09-14 166 0 DOCKET ENTRY NOTICE of Hearing on Motion re 159 Motion for Summary Judgment: Motion Hearing is set for 12/7/2010 at 2:00 PM in Boise, ID before Judge B. Lynn Winmill. (jlg)
2010-10-07 167 0 MOTION for Extension of Time to File Response/Reply as to 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 11/1/2010 (Anderson, Tyler)
2010-11-11 168 0 Sealed Document Re: 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct -- Volkswagon Group of America, Inc.'s Opposition to 55 Brake, L.L.C.'s Motion for Summary Judgment --. (Attachments: # 1 Statement of Disputed Facts, # 2 Declaration of David J. Kaplan, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, Part 1, # 8 Exhibit 5, Part 2, # 9 Exhibit 5, Part 3, # 10 Exhibit 5, Part 4, # 11 Exhibit 5, Part 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59)(Anderson, Tyler)
2010-11-11 169 0 MOTION for Leave to File Overlength Statement of Disputed Facts -- UNOPPOSED -- Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 12/6/2010 (Anderson, Tyler)
2010-11-12 170 0 DOCKET ENTRY ORDER granting 169 Motion for Leave to File. The Court shall extend the page limits by 5 pages for Volkswagen Group's statement of facts. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2010-11-12 171 0 DOCKET ENTRY ORDER granting 167 Motion for Extension of Time to File Response/Reply. Volkswagen Group's response brief 168 to 55 Brake's motion for summary judgment 159 is timely filed. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2010-11-24 172 0 MOTION for Extension of Time to File Response/Reply Unopposed Motion for Extension of Time to Reply to Volkswagen Group of America, Inc.'s Opposition to 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 12/20/2010 (Attachments: # 1 Proposed Order)(Prebeg, Matthew)
2010-11-29 173 0 DOCKET ENTRY ORDER granting 172 Motion for Extension of Time to File Reply. Reply brief due by 12/3/2010. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2010-12-02 174 0 AMENDED DOCKET ENTRY NOTICE of Hearing on Motion regarding 159 Motion for Summary Judgment: Due to the Court's trial calendar, the Motion Hearing currently set for 12/7/2010 at 2:00 PM is VACATED and RESCHEDULED for 12/8/2010 at 3:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (jlg)
2010-12-02 175 0 ERRATA by Defendant Volkswagen Group of America Inc re 168 Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document, Sealed Document -- Notice of Errata of Exhibit 11 to its Opposition to 55 Brake's Motion for Summary Judgment of No Inequitable Conduct --. (Attachments: # 1 Corrected Exhibit 11)(Anderson, Tyler)
2010-12-03 176 0 REPLY to Response to Motion re 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct filed by 55 Brake, L.L.C.. (Attachments: # 1 Affidavit Declaration of Stephen W. Abbott, # 2 Exhibit 1 - Depo Exhibit 178, # 3 Exhibit 2 - Depo Exhibit 179, # 4 Exhibit 3 - Excerpts from Pederson Depo)(Prebeg, Matthew) 2011-02-18 04:08:17 285ba6490390a0025e7e259248e580f3c5aa7ecc
176 1 Affidavit Declaration of Stephen W. Abbott
176 2 Exhibit 1 - Depo Exhibit 178
176 3 Exhibit 2 - Depo Exhibit 179
176 4 Exhibit 3 - Excerpts from Pederson Depo
2010-12-08 177 0 Minute Entry for proceedings held before Judge B. Lynn Winmill: Motion Hearing held on 12/8/2010 re 159 Motion for Summary Judgment filed by 55 Brake, L.L.C. Motion taken Under Advisement. (Court Reporter Lisa Yant.) (jlg)
2010-12-16 178 0 NOTICE by 55 Brake, L.L.C. Notice of Change of Firm and Address for Matthew J.M. Prebeg and Stephen W. Abbott, Counsel for Plaintiff (Prebeg, Matthew)
2010-12-16 179 0 SUPPLEMENT to 168 Sealed Opposition re 159 MOTION for Summary Judgment 55 Brake, LLC's Motion for Summary Judgment of No Inequitable Conduct -- SUPPLEMENT -- filed by Volkswagen Group of America Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Anderson, Tyler) Modified on 12/21/2010 to correct event text, create link, and remove reply deadline (cjm). 2011-02-18 04:12:09 0d581a7ff041930cc6e3e69db88b680c71063be7
2011-01-04 180 0 MEMORANDUM DECISION AND ORDER denying 159 Motion for Summary Judgment. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dks)
2011-02-18 181 0 STATUS REPORT 55 Brake LLC's Trial Submissions by 55 Brake, L.L.C.. (Abbott, Stephen) Modified on 2/24/2011 to seal for incorrect filing re witness list (cjm).
2011-02-18 182 0 DECLARATION of Stephen W. Abbott re 181 Status Report filed by 55 Brake, L.L.C. 55 Brake LLC's Trial Submissions. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Sealed Exhibit E, # 6 Sealed Exhibit F)(Abbott, Stephen)
2011-02-18 183 0 MOTION to Seal 55 Brake LLC's Motion to File Under Seal Certain Deposition Transcripts Filed as Part of Its Trial Submissions Stephen W. Abbott appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 3/14/2011 (Abbott, Stephen)
2011-02-18 184 0 Witness List (sealed) by Volkswagen Group of America Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10 -- Exhibit List)(Anderson, Tyler)
2011-02-24 185 0 Witness List (sealed) by 55 Brake, L.L.C.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit Exhibit List)(Prebeg, Matthew)
2011-02-25 186 0 ORDER. The Court will proceed with the bench trial on the inequitable conduct issue on 3/21/2011, even if the Therasense decision has not been issued. (Telephonic Pretrial Conference set for 3/16/2011 10:30 AM in Boise Chambers before Judge B. Lynn Winmill.) Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-03-03 187 0 AMENDED DOCKET ENTRY NOTICE OF HEARING: The Bench Trial set for 3/21/2011 at 8:30 a.m. is rescheduled to begin at 9:30 a.m. in Boise - Courtroom 3 before Judge B. Lynn Winmill. The first day of trial will be conducted between the hours of 9:30 a.m. and 3:30 p.m. The remaining trial days will begin at 8:30 a.m. and conclude at 2:30 p.m. (jlg)
2011-03-07 188 0 TRIAL BRIEF 55 Brake LLC's Trial Memorandum and Objections to Volkswagen Group of America, Inc.s Trial Submissions by 55 Brake, L.L.C.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Prebeg, Matthew)
2011-03-07 189 0 TRIAL BRIEF Volkswagen Group of America, Inc.'s Trial Memorandum and Objections to 55 Brake L.L.C.'s Trial Submissions by Volkswagen Group of America Inc. (Attachments: # 1 Exhibit Exhibit 1 to Trial Brief, # 2 Exhibit Exhibit 2 to Trial Brief)(Thomas, Stephen)
2011-03-14 190 0 TRIAL BRIEF 55 Brake, LLC's Response to Volkswagen Group of America, Inc.'s Trial Memorandum and Objections to Trial Submissions by 55 Brake, L.L.C.. (Prebeg, Matthew)
2011-03-14 191 0 TRIAL BRIEF Volkswagen Group of America, Inc.'s Response to 55 Brake's Trial Memorandum by Volkswagen Group of America Inc. (Thomas, Stephen)
2011-03-16 192 0 DOCKET ENTRY ORDER granting 183 Motion to Seal Exhibits E and F to Abbott Declaration (docket no. 182). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2011-03-17 193 0 MOTION FOR PRO HAC VICE APPEARANCE by David J. Kaplan. ( Filing fee $ 200 receipt number 0976-725757.)Tyler J Anderson appearing for Defendants Audi of America, Inc., Volkswagen Group of America Inc. Responses due by 4/11/2011 (Anderson, Tyler)
2011-03-17 194 0 DOCKET ENTRY ORDER approving 193 Motion for Pro Hac Vice Appearance of attorney David J Kaplan for Audi of America, Inc and Volkswagen Group of America Inc. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-03-18 195 0 Consent MOTION to Withdraw as Attorney for Plaintiff Edward W Goldstein appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 4/11/2011 (Goldstein, Edward)
2011-03-21 196 0 STIPULATION -- Joint Motion to Admit Certain Trial Exhibits Into Evidence by 55 Brake, L.L.C., Volkswagen Group of America Inc. (Attachments: # 1 Exhibit Ex A - 55 Brake's Amended Trial Exhibit List, # 2 Exhibit Ex B - VWGoA Amended Trial Exhibit List)(Thomas, Stephen)
2011-03-21 197 0 Minute Entry for proceedings held before Judge B. Lynn Winmill: Bench Trial - Day 1 held on 3/21/2011. Bench Trial to resume on 3/22/2011 at 8:30 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. (Court Reporter Tammy Hohenleitner.) (jlg)
2011-03-21 198 0 ORDER granting 195 Motion to Withdraw as Attorney. Attorney Wendy Boone and Edward W Goldstein terminated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm) (Main Document 198 replaced on 3/21/2011 to attach correct order) (cjm).
2011-03-21 199 0 ORDER granting 196 Stipulation to Admit Certain Exhibits, filed by 55 Brake, L.L.C., Volkswagen Group of America Inc. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-03-22 200 0 DOCKET ENTRY ORDER -- Post-trial briefs and proposed findings of fact and conclusions of law shall be filed on or before April 25, 2011. The post-trial briefs shall be limited to 20 pages. There is no page limitation on the proposed findings of fact and conclusions of law. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2011-03-22 201 0 Minute Entry for proceedings held before Judge B. Lynn Winmill: Bench Trial - Day 2 completed on 3/22/2011. (Court Reporter Tammy Hohenleitner.) (jlg)
2011-03-22 202 0 Amended Exhibit List by 55 Brake, L.L.C. (cjm) (Entered: 03/24/2011)
2011-03-22 203 0 SEALED Amended Exhibit List by Volkswagen Group of America Inc.. (cjm) Modified on 4/4/2011 to Seal per Order dkt #205 (cjm). (Entered: 03/24/2011)
2011-04-01 204 0 MOTION to Seal Plaintiff's Unopposed Motion to Seal Trial Exhibits Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 4/25/2011 (Prebeg, Matthew)
2011-04-04 205 0 ORDER granting 204 Plaintiff's Unopposed Motion to Seal Trial Exhibits. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-04-07 206 0 MOTION to Amend/Correct 68 Protective Order Motion for Shortened Briefing Schedule and to Amend Protective Order Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 5/2/2011 (Attachments: # 1 Exhibit A 1038 - Request for Reexam, # 2 Exhibit B 1039 - Order Granting Reexam, # 3 Exhibit C 1040 - Office Action Reexam, # 4 Exhibit D PTO Reexam, # 5 Exhibit E Email Proposed Amendment to PO)(Prebeg, Matthew)
2011-04-07 207 0 MEMORANDUM in Support re 206 MOTION to Amend/Correct 68 Protective Order Motion for Shortened Briefing Schedule and to Amend Protective Order Brief in Support of Motion for Shortening Briefing Schedule and To Amend Protective Order filed by 55 Brake, L.L.C..(Prebeg, Matthew)
2011-04-08 208 0 MOTION to Admit its Outstanding Trial Exhibits Into Evidence Tyler J Anderson appearing for Defendant Volkswagen Group of America Inc. Responses due by 5/2/2011 (Anderson, Tyler)
2011-04-08 209 0 MOTION Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Offer Exhibits 55 Brake, LLC's Partially Unopposed Motion for Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Offer Exhibits Matthew J.M. Prebeg appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 5/2/2011 (Attachments: # 1 Exhibit A, Trial Exhibit 1062, # 2 Exhibit B, Trial Exhibit 1061, # 3 Exhibit C, MacGregor Depo Excerpts, # 4 Exhibit D, Coppola Depo Excerpts)(Prebeg, Matthew) (Attachment 3 replaced on 4/11/2011 with uncorrupt image)(cjm).
2011-04-08 210 0 MEMORANDUM in Support re 209 MOTION Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Offer Exhibits 55 Brake, LLC's Partially Unopposed Motion for Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Of filed by 55 Brake, L.L.C.. (Attachments: # 1 Exhibit A, Trial Exhibit 1062, # 2 Exhibit B, Trial Exhibit 1061, # 3 Exhibit C, MacGregor Depo Excerpts, # 4 Exhibit D, Coppola Depo Excerpts)(Prebeg, Matthew) (Attachment 3 replaced on 4/11/2011 with uncorrupt image)(cjm).
2011-04-08 211 0 Transcript of Proceedings held on 3/21/2011 (Bench Trial Day 1) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tammy Hohenleitner, Telephone number 208-334-1500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed. Redaction Request due 5/2/2011. Redacted Transcript Deadline set for 5/12/2011. Release of Transcript Restriction set for 7/11/2011.(cjm) (Entered: 04/12/2011)
2011-04-08 212 0 Transcript of Proceedings held on 3/22/2011 (Bench Trial Day 2) before Judge B. Lynn Winmill. Court Reporter/Transcriber Tammy Hohenleitner, Telephone number 208-334-1500. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed. Redaction Request due 5/2/2011. Redacted Transcript Deadline set for 5/12/2011. Release of Transcript Restriction set for 7/11/2011.(cjm) (Entered: 04/12/2011)
2011-04-12 213 0 Notice of Filing of Official Transcript (cjm)
2011-04-21 214 0 DOCKET ENTRY ORDER -- Pursuant to an agreement of all counsel, the deadline for submission of trial briefs and proposed Findings and Conclusions shall be extended to May 2, 2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2011-05-02 215 0 Joint MOTION to Admit Transcripts of Designated Deposition Testimony into the Record and Rule Upon Outstanding Deposition Objections Tyler J Anderson appearing for Plaintiff 55 Brake, L.L.C., Defendant Volkswagen Group of America Inc. Responses due by 5/26/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 5, # 5 Exhibit 6)(Anderson, Tyler)
2011-05-02 216 0 Sealed Document Re: 215 Joint MOTION to Admit Transcripts of Designated Deposition Testimony into the Record and Rule Upon Outstanding Deposition Objections -- Sealed Exhibit 4. (Anderson, Tyler)
2011-05-02 217 0 RESPONSE to Motion re 208 MOTION to Admit its Outstanding Trial Exhibits Into Evidence Opposition to Volkswagen Group of America Inc.'s Motion to Admit Outstanding Trial Exhibits filed by 55 Brake, L.L.C.. Replies due by 5/19/2011.(Prebeg, Matthew)
2011-05-02 218 0 Transcript Redaction Request by attorney Matthew J.M. Prebeg. (Prebeg, Matthew)
2011-05-02 219 0 TRIAL BRIEF Post-Trial Memorandum by 55 Brake, L.L.C.. (Prebeg, Matthew)
2011-05-02 220 0 Proposed Findings of Fact by 55 Brake, L.L.C.. (Prebeg, Matthew)
2011-05-02 221 0 SEALED RESPONSE to Motion re 206 MOTION to Amend/Correct 68 Protective Order Motion for Shortened Briefing Schedule and to Amend Protective Order filed by Volkswagen Group of America Inc. Replies due by 5/19/2011. (Attachments: # 1 Exhibit 1)(Anderson, Tyler)
2011-05-02 222 0 MEMORANDUM in Opposition re 209 MOTION Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Offer Exhibits 55 Brake, LLC's Partially Unopposed Motion for Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Of filed by Volkswagen Group of America Inc. Replies due by 5/19/2011.(Anderson, Tyler)
2011-05-02 223 0 TRIAL BRIEF -- Post-Trial Brief by Volkswagen Group of America Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Anderson, Tyler)
2011-05-02 224 0 Sealed Document -- Volkswagen Group of America, Inc.'s Proposed Findings of Fact and Conclusions of Law on Inequitable Conduct. (Anderson, Tyler)
2011-05-03 225 0 NOTICE of Change of Address by Elizabeth Herbst Schierman (Schierman, Elizabeth)
2011-05-16 226 0 REPLY to Response to Motion re 209 MOTION Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Offer Exhibits 55 Brake, LLC's Partially Unopposed Motion for Post-Trial Offer of Exhibits, or in the Alternative, Motion to Reopen Proceedings and Of 55 Brake's Reply to Defendant's Opposition to 55 Brake's Motion for Post-Trial Offer of Exhibit 1061 (Doc. 209-210) filed by 55 Brake, L.L.C..(Prebeg, Matthew)
2011-05-16 227 0 REPLY to Response to Motion re 206 MOTION to Amend/Correct 68 Protective Order Motion for Shortened Briefing Schedule and to Amend Protective Order - 55 Brake's Reply to Defendant's Opposition to 55 Brake's Motion to Amend Protective Order - filed by 55 Brake, L.L.C..(Prebeg, Matthew)
2011-06-02 228 0 FINDINGS OF FACT AND CONCLUSIONS OF LAW (Inequitable Conduct Issue). Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-06-17 229 0 NOTICE OF HEARING: A Telephonic Status Conference is set for 7/7/2011 at 10:00 AM before Judge B. Lynn Winmill for the purpose of setting a trial date. (jlg)
2011-06-17 230 0 Consent MOTION to Withdraw as Attorney and Notice of Change of Address Elizabeth Herbst Schierman appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 7/11/2011 (Schierman, Elizabeth)
2011-06-20 231 0 DOCKET ENTRY ORDER granting 230 Motion to Withdraw as Attorney. Attorney Elizabeth Herbst Schierman terminated. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2011-07-08 232 0 TRIAL SETTING ORDER. Expert Discovery due by 11/18/2011. Dispositive Motions due by 12/9/2011. Jury Trial set for 2/21/2012 01:30 PM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Telephonic Pretrial Conference set for 2/7/2012 04:00 PM in Boise Chambers before Judge B. Lynn Winmill. Parties shall contact Dave Metcalf with any serious Daubert issues by 10/28/2011. Parties shall notify the Court by 1/16/2012, that the case has either settled or will definitely go to trial. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-07-12 233 0 DOCKET ENTRY ORDER -- Defendant Volkswagen seeks admission of certain documents. The Court considered most of those documents in rendering its Findings of Fact and Conclusions of Law and hence will grant the motion in large part, except for one exhibit. NOW THEREFORE IT IS HEREBY ORDERED, that the motion to admit outstanding trial exhibits 208 is GRANTED IN PART AND DENIED IN PART. It is granted to the extent it seeks admission of exhibits 2054, 2055, 2057, 2058, 2064, and 2138. It is denied to the extent it seeks admission of exhibit 2097. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2011-07-13 234 0 MEMORANDUM DECISION AND ORDER denying 206 Motion to Amend Protective Order. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-11-10 235 0 MOTION FOR PRO HAC VICE APPEARANCE by Chris Faucett. ( Filing fee $ 200 receipt number 0976-814704.)Frank J Dykas appearing for Plaintiff 55 Brake, L.L.C.. Responses due by 12/5/2011 (Dykas, Frank)
2011-11-15 236 0 DOCKET ENTRY ORDER approving 235 Motion for Pro Hac Vice Appearance of attorney Christopher M Faucett for 55 Brake, L.L.C. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2011-12-08 237 0 DOCKET ENTRY ORDER -- Pursuant to agreement of all counsel, the dispositive motion deadline is extended to December 16, 2011. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm)
2012-01-09 239 0 DISREGARD per Corrective Entry - DOCKET ENTRY ORDER -- The Court has been informed that counsel have agreed to a settlement of this case. Accordingly, NOW THEREFORE IT IS HEREBY ORDERED, that on or before April 9, 2012, the parties shall file a Proposed Consent Decree that counsel will send out for public comment. IT IS FURTHER ORDERED, that as soon as the public comment period (a 30-day period) is closed, counsel shall contact Law Clerk Dave Metcalf (208-334-9025) to determine what steps the Court should take to review the Proposed Consent Decree. IT IS FURTHER ORDERED, that the trial date of January 23, 2012, and all associated deadlines, are VACATED.. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by dm) Modified on 1/10/2012 (cjm).
2012-01-16 240 0 STIPULATION of Dismissal with Prejudice by Volkswagen Group of America Inc. (Thomas, Stephen)
2012-01-17 241 0 JUDGMENT approving 240 Stipulation. The Clerk shall close this case. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by cjm)
2012-01-17 242 0 REPORT on the filing or determination of an action regarding patent number(s)6,450,587 (Notice sent to USPTO) (Attachments: # 1 Judgment) (cjm)