Case details

Court: ksd
Docket #: 2:98-cv-02225
Case Name: McGinley v. Franklin Sports Inc
PACER case #: 11544
Date filed: 1998-05-15
Date terminated: 2002-08-27
Assigned to: District Judge John W. Lungstrum
Case Cause: 28:1338 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Michael L. McGinley
Plaintiff
Karen D. Renwick
Walters Bender Strohbehn & Vaughan, PC 2500 City Center Square 1100 Main Street Kansas City, MO 64105 816-421-6620 Fax: 816-421-4747 Email: krenwick@wbsvlaw.com
TERMINATED: 08/07/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kip D. Richards
Walters Bender Strohbehn & Vaughan, PC 2500 City Center Square 1100 Main Street Kansas City, MO 64105 816-421-6620 Fax: 816-421-4747 Email: krichards@wbsvlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas V. Bender
Walters Bender Strohbehn & Vaughan, PC 2500 City Center Square 1100 Main Street Kansas City, MO 64105 816-421-6620 Fax: 816-421-4747 Email: tbender@wbsvlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Franklin Sports Inc
Defendant
Daniel P. Devers
Shook, Hardy & Bacon LLP - KC/Grand 2555 Grand Boulevard Kansas City, MO 64108-2613 816-474-6550
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph B. Bowman
Erickson Kernell Derusseau & Kleypas, LLC - KC 8900 State Line Road, Suite 500 Leawood, KS 66206 816-507-9544 Fax: 520-829-3433 Email: patmarkaz@earthlink.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shana J. Long
Shook, Hardy & Bacon L.L.P. One Kansas City Place 1200 Main Street Kansas City, MO 64105-2118 816-474-6550 Fax: 421-5547
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Thomas A. Sheehan
The Sheehan Law Firm 3965 W. 83rd Street, Suite #317 Prairie Village, KS 66208 913-461-3648 Fax: 913-652-9415 Email: sheehanlaw@kc.rr.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Franklin Sports Inc
Counter Claimant
Joseph B. Bowman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shana J. Long
(See above for address)
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Michael L. McGinley
Counter Defendant
Karen D. Renwick
(See above for address)
TERMINATED: 08/07/2002 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kip D. Richards
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

USA Products, Inc.
Intervenor
a Kansas corporation TERMINATED: 11/17/1999
Lawrence L. Ferree , III
Ferree, Bunn, Rundberg, Radom & Ridgway, Chartered 9393 W. 110th Street, Suite 200 Overland Park, KS 66210 913-381-8180 Fax: 913-381-8836 Email: lferree@fbr3law.com
TERMINATED: 11/17/1999 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
1998-05-15 1 0 COMPLAINT; Summons(es) issued; Jury Trial Demand (ICMSUSER) Modified on 05/18/1998 (Entered: 05/18/1998)
1998-05-15 2 0 DESIGNATION OF PLACE OF TRIAL - trial to be held in Kansas City KS; submitted by plaintiff (ICMSUSER) (Entered: 05/18/1998)
1998-07-28 3 0 RETURN OF SERVICE of summons executed by certified mailing upon defendant Franklin Sports Inc on 7/23/98 (Green Card Attached) (TRS) (Entered: 07/29/1998)
1998-08-10 4 0 CONSENT ORDER ENTERED: by Judge John W. Lungstrum; It is hereby ordered that the time within which Defendant Franklin Sports, Inc. may serve its answer or response to the complaint is hereby enlarged by an additional 30 days, or through 9/11/98 (cc: all counsel) (TRS) (Entered: 08/11/1998)
1998-09-10 5 0 STIPULATED ORDER ENTERED: by Judge John W. Lungstrum; It is hereby ordered that the time within which Defendant Franklin Sports, Inc., may serve its Answer or otherwise plead to the Complaint is hereby enlarged by an additional 11 days or through 9/22/98. (cc: all counsel) (TRS) (Entered: 09/10/1998)
1998-09-22 6 0 ATTORNEY APPEARANCE for defendant Franklin Sports Inc by Joseph B. Bowman (TRS) (Entered: 09/23/1998)
1998-09-22 7 0 ANSWER to complaint [1-1] and COUNTERCLAIM - by defendant Franklin Sports Inc against plaintiff Michael L McGinley (TRS) (Entered: 09/23/1998)
1998-09-24 8 0 PRELIMINARY SCHEDULING ORDER ENTERED: by Judge John W. Lungstrum; Notification to counsel of requirements pursuant to Rule 26 as amended (cc: all counsel) (TRS) (Entered: 09/25/1998)
1998-10-02 9 0 ANSWER TO COUNTERCLAIM [7-2] by counter-defendant Michael L McGinley (TRS) (Entered: 10/05/1998)
1998-11-12 10 0 REPORT of parties' planning meeting by plaintiff Michael L McGinley, defendant Franklin Sports Inc (TRS) (Entered: 11/13/1998)
1998-11-16 11 0 CERTIFICATE OF SERVICE of Initial Disclosures Under Rule 26(a)(1) by defendant Franklin Sports Inc (TRS) (Entered: 11/17/1998)
1998-11-23 12 0 CERTIFICATE OF SERVICE of disclosures required by FRCP 26(a)(1) by plaintiff Michael L McGinley (YH) (Entered: 11/24/1998)
1998-11-25 13 0 SCHEDULING ORDER ENTERED by Judge John W. Lungstrum Discovery deadline 7/30/99; dispositive motion deadline 8/2/99; pretrial conference set for 10:30 7/12/99, proposed order due 7/7/99; jury trial set for 12/7/99, (ETT 10 days); Markman hearing set for 10:00 1/21/99 (cc: all counsel) (TRS) (Entered: 11/25/1998)
1998-12-02 14 0 CERTIFICATE OF SERVICE of first set of interrogatories and first requests for production by defendant (KM) (Entered: 12/04/1998)
1998-12-04 15 0 CERTIFICATE OF SERVICE of First Set of Interrogatories and First Request for Production of Documents and Tangible Things by plaintiff Michael L McGinley (TRS) (Entered: 12/07/1998)
1998-12-18 16 0 "MARKMAN" BRIEF FILED by plaintiff Michael L McGinley re: complaint [1-1] (TRS) (Entered: 12/21/1998)
1998-12-18 17 0 EXHIBITS in support of "Markman" briefs [16-1] (TRS) (Entered: 12/21/1998)
1999-01-05 18 0 CERTIFICATE OF SERVICE of responses to first set of interrogatories and responses to first requests for production by defendant (ICMSUSER) (Entered: 01/08/1999)
1999-01-07 19 0 CERTIFICATE OF SERVICE of answers and responses to first set of interrogatories and first request for production of documents and tangible things by plaintiff (ICMSUSER) (Entered: 01/11/1999)
1999-01-08 20 0 MARKMAN BRIEF FILED by defendant Franklin Sports Inc (TRS) (Entered: 01/11/1999)
1999-01-08 21 0 EXHIBITS in support of Markman brief [20-1] (TRS) (Entered: 01/11/1999)
1999-01-14 22 0 REPLY by plaintiff Michael L McGinley re: brief [20-1] (TRS) (Entered: 01/15/1999)
1999-01-14 23 0 EXHIBIT in support of reply [22-1] (expansion folder) (TRS) (Entered: 01/15/1999)
1999-01-28 24 0 MINUTE SHEET of hearing before Judge John W. Lungstrum In-court (Markman) hearing was held 1/21/99; Briefs submitted. Arguments heard and evidence presented. Taken under advisement and court will issue a written order. Court Reporter: D. Mellegard (TRS) (Entered: 01/29/1999)
1999-02-03 25 0 MOTION to extend time until 3/5/99 to resolve the pending discovery dispute by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 02/04/1999)
1999-02-05 26 0 ORDER ENTERED: by Judge John W. Lungstrum granting motion to extend time until 3/5/99 to resolve the pending discovery dispute by plaintiff Michael L McGinley [25-1] (cc: all counsel) (TRS) (Entered: 02/08/1999)
1999-02-18 27 0 MEMORANDUM AND ORDER: by Judge John W. Lungstrum; It Is Therefore Ordered by the Court that claims 1,2,6, and 7 of the '193 patent will henceforth, as a matter of law, be construed in a manner consistent with this memorandum and order. 14 pages (cc: all counsel) (TRS) Modified on 03/22/1999 (Entered: 02/19/1999)
1999-03-01 28 0 MOTION to extend time for certain scheduling deadlines by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 03/02/1999)
1999-03-05 29 0 MOTION to compel disclosure and discovery by defendant Franklin Sports Inc referred to Magistrate Judge John T. Reid (TRS) Modified on 03/15/1999 (Entered: 03/08/1999)
1999-03-12 30 0 MINUTE ORDER ENTERED by Clerk referring to Magistrate Judge John T. Reid the motion to compel disclosure and discovery by defendant Franklin Sports Inc [29-1] (cc: all counsel) (TRS) (Entered: 03/15/1999)
1999-03-12 31 0 RESPONSE by defendant Franklin Sports Inc to motion to extend time until 4/5/99 for certain scheduling deadlines by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [28-1] (TRS) (Entered: 03/15/1999)
1999-03-15 32 0 REPLY by plaintiff Michael L McGinley to response to motion to extend time for certain scheduling deadlines by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [28-1] (TRS) (Entered: 03/16/1999)
1999-03-15 33 0 CERTIFICATE OF SERVICE of subpoena duces tecum by plaintiff Michael L McGinley (TRS) (Entered: 03/16/1999)
1999-03-18 34 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion to compel disclosure and discovery by defendant Franklin Sports Inc referred to Magistrate Judge John T. Reid [29-1] (TRS) (Entered: 03/19/1999)
1999-03-22 35 0 RETURN OF SERVICE of Subpoena to USA Products by plaintiff Michael L McGinley served on 3/15/99 (TRS) (Entered: 03/25/1999)
1999-03-31 36 0 ORDER ENTERED: by Judge John W. Lungstrum granting motion to extend time for certain scheduling deadlines by plaintiff Michael L McGinley; motions to amend the pleadings or to add parties is hereby extended to 4/5/99; time within which a part asserting an affirmative claim for relief with the disclosures required by Rule 26(a)(2) is extended to 5/10/99; time within shich a party defending itself against an affirmative claim for relief shall provide the opposing party with the disclosures required by Rule 26(a)(2) extended to 6/30/99 [28-1] (cc: all counsel) (TRS) (Entered: 04/01/1999)
1999-04-13 37 0 ORDER ENTERED: by Magistrate Judge John T. Reid granted in part and denied in part motion to compel disclosure and discovery by defendant Franklin Sports Inc [29-1] the court will not award the movant the expenses incurred in filing the motion. (cc: all counsel) (TRS) Modified on 05/25/1999 (Entered: 04/14/1999)
1999-04-22 38 0 MOTION to extend time until 6/14/99 to file any motions to amend the pleadings or to add parties by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 04/23/1999)
1999-04-29 39 0 ORDER ENTERED: by Judge John W. Lungstrum motion to extend time until 6/14/99 to file any motions to amend the pleadings or to add parties by plaintiff Michael L McGinley [38-1] For the reasons explained in full at the hearing, plaintiff's motion is denied without prejudice to the parties ability to construct deadlines that do not alter the trial setting, the dispositive motion deadline, or the final pretrial conference setting. (cc: all counsel) (TRS) (Entered: 04/29/1999)
1999-04-29 40 0 CERTIFICATE OF SERVICE of Substitute responses to first discovery requests by defendant Franklin Sports Inc (TRS) (Entered: 04/30/1999)
1999-04-30 41 0 STIPULATION and PROTECTIVE ORDER ENTERED by Judge John W. Lungstrum; Pursuant to Rule 26 (c), FRCP, that certain information documents and tangible things which the parties disclose and produce to each other in this case shall be designated and treated as "Confidential." (cc: all counsel) (TRS) (Entered: 05/03/1999)
1999-04-30 42 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Defendant Franklin Sports, Inc on 5/18/99 at 8:30am (TRS) (Entered: 05/03/1999)
1999-04-30 43 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Larry Franklin on 5/18/99 at 2:00 (TRS) (Entered: 05/03/1999)
1999-04-30 44 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Charles Quinn on 5/19/99 at 9:30 (TRS) (Entered: 05/03/1999)
1999-04-30 45 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Scott de Grasse on 5/19/99 at 1:00 (TRS) (Entered: 05/03/1999)
1999-04-30 46 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Kurt Gluck on 5/19/99 at 4:00 (TRS) (Entered: 05/03/1999)
1999-04-30 47 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Cliff Savage on 5/19/99 at 2:30 (TRS) (Entered: 05/03/1999)
1999-04-30 48 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Kim Twombly on 5/20/99 at 1:00 (TRS) (Entered: 05/03/1999)
1999-04-30 49 0 NOTICE by plaintiff Michael L McGinley of taking deposition of George Small on 5/20/99 at 11:30 (TRS) (Entered: 05/03/1999)
1999-04-30 50 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Rich Ferenz on 5/20/99 at 10:00 (TRS) (Entered: 05/03/1999)
1999-04-30 51 0 NOTICE by plaintiff Michael L McGinley of taking deposition of John Ballas on 5/20/99 at 8:30 (TRS) (Entered: 05/03/1999)
1999-05-04 52 0 MOTION to extend time until 5/31/99 to complete discovery by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 05/05/1999)
1999-05-10 53 0 MINUTE ORDER ENTERED by Clerk granted in part and denied in part motion to extend time until 5/31/99 to complete discovery by plaintiff Michael L McGinley [52-1] Plaintiff's motion is denied as to the request for extension of the deadline to amend the pleadings and add parties; The deadline in which plaintiff shall provide defendant with disclosures under Rule 26 (a)(2) is extended to 6/7/99; defendant shall provide plaintiff with disclosures under Rule 26(a)(2) by 7/15/99; All Discovery pertain to liability issues shall be completed by 7/30/99; Discovery limited to damage issues shall be extended to 8/31/99 (cc: all counsel) (TRS) (Entered: 05/11/1999)
1999-05-10 54 0 CERTIFICATE OF SERVICE of Second Request for Production of documents by plaintiff Michael L McGinley (TRS) (Entered: 05/11/1999)
1999-05-10 55 0 AMENDED NOTICE of taking deposition of Larry Franklin on 5/17/99 at 2:00 (TRS) (Entered: 05/11/1999)
1999-05-10 56 0 AMENDED NOTICE by plaintiff Michael L McGinley of taking deposition of Charles Quinn on 5/19/99 at 8:30 (TRS) (Entered: 05/11/1999)
1999-05-10 57 0 AMENDED NOTICE by plaintiff Michael L McGinley of taking deposition of Franklin Sports, Inc. on 5/18/99 at 8:30 (TRS) (Entered: 05/11/1999)
1999-05-24 58 0 MINUTE ORDER ENTERED by Clerk pretrial conference reset for 11:00 7/12/99 before the Honorable Gerald L. Rushfelt; It Is Further Ordered that the parties shall submit their joint proposed pretrial order directly to the Honorable Gerald L. Rushfelt on or before 7/7/99. (cc: all counsel) (TRS) (Entered: 05/25/1999)
1999-05-26 59 0 MOTION for leave to file first amended complaint out of time by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (no original attached, copy only) (TRS) (Entered: 05/27/1999)
1999-05-28 60 0 AFFIDAVIT (DECLARATION) of Charles Quinn (TRS) (Entered: 06/01/1999)
1999-05-28 61 0 MOTION for summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 06/01/1999)
1999-05-28 62 0 CERTIFICATE OF SERVICE by plaintiff Michael L McGinley of 2nd set of interrogatories and 2nd requests for production (TRS) (Entered: 06/01/1999)
1999-06-07 63 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Vicki Quimby on 6/17/99 at 1:00 (TRS) (Entered: 06/08/1999)
1999-06-04 64 0 RETURN OF SERVICE of subpoena(s) by defendant executed upon Richard P. Stitt on 5/25/99 by personal service (KM) (Entered: 06/08/1999)
1999-06-04 65 0 NOTICE by defendant of taking deposition of Richard P. Stitt on 6/8/99 at 9:30 a.m. (KM) (Entered: 06/08/1999)
1999-06-08 66 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion for leave to file first amended complaint out of time by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [59-1] (TRS) (Entered: 06/09/1999)
1999-06-09 67 0 CERTIFICATE OF SERVICE of disclosures required by FRCP 26(a)(2) by plaintiff Michael L McGinley (TRS) (Entered: 06/10/1999)
1999-06-10 68 0 CERTIFICATE OF SERVICE of Substitute Answers to First Set of Interrogatories Under Rule 33 by plaintiff Michael L McGinley (TRS) (Entered: 06/11/1999)
1999-06-11 69 0 CERTIFICATE OF SERVICE of Response to second request for production of documents by defendant Franklin Sports Inc (TRS) (Entered: 06/14/1999)
1999-06-17 70 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion for summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [61-1] (TRS) (Entered: 06/18/1999)
1999-06-18 71 0 REPLY by defendant Franklin Sports Inc to motion for leave to file first amended complaint out of time by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [59-1] (YH) (Entered: 06/21/1999)
1999-06-28 72 0 REPLY by defendant Franklin Sports Inc to response to motion for summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [61-1] (TRS) (Entered: 06/29/1999)
1999-06-29 73 0 MINUTE ORDER ENTERED by Clerk pretrial conference set for 1:30 7/16/99, proposed pretrial order 7/9/99 (cc: all counsel) (TRS) (Entered: 06/30/1999)
1999-06-29 74 0 MOTION for attorney Shana J. Long to appear pro hac vice by defendant and counter-claimant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 06/30/1999)
1999-06-29 75 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Rudy Vigil on 7/15/99 at 1:00 (TRS) (Entered: 06/30/1999)
1999-06-29 76 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of James N. Fox on 7/19/99 at 1:00 (TRS) (Entered: 06/30/1999)
1999-06-29 77 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of David Lee on 7/9/99 at 1:00 (TRS) (Entered: 07/01/1999)
1999-06-29 78 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Raymond Chan on 7/14/99 at 9:30 (TRS) (Entered: 07/01/1999)
1999-06-29 79 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Carol Mullen on 7/14/99 at 11:00 (TRS) (Entered: 07/01/1999)
1999-06-29 80 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Kim Spence on 7/12/99 at 10:00 (TRS) (Entered: 07/01/1999)
1999-06-30 81 0 CERTIFICATE OF SERVICE of responses to the second request for production of documents and tangible things by plaintiff Michael L McGinley (TRS) (Entered: 07/01/1999)
1999-06-30 82 0 CERTIFICATE OF SERVICE of second set of interrogatories and fourth request for production of documents by plaintiff Michael L McGinley (TRS) (Entered: 07/01/1999)
1999-06-30 83 0 CERTIFICATE OF SERVICE of answers to the second set of interrogatories by plaintiff Michael L McGinley (TRS) (Entered: 07/01/1999)
1999-07-01 84 0 EXHIBIT LIST by plaintiff Michael L McGinley (TRS) (Entered: 07/02/1999)
1999-07-01 85 0 WITNESS LIST submitted by plaintiff Michael L McGinley (TRS) (Entered: 07/02/1999)
1999-07-01 86 0 WITNESS LIST submitted by defendant Franklin Sports Inc (TRS) (Entered: 07/02/1999)
1999-07-01 87 0 EXHIBIT LIST by defendant Franklin Sports Inc (TRS) (Entered: 07/02/1999)
1999-07-01 88 0 NOTICE by plaintiff Michael L McGinley of taking deposition of William B Kircher on 7/8/99 at 9:00 (TRS) (Entered: 07/02/1999)
1999-07-01 89 0 CERTIFICATE OF SERVICE of Third Set of Interrogatories and Requests for Production by defendant Franklin Sports Inc (TRS) (Entered: 07/02/1999)
1999-07-02 90 0 ORDER ENTERED: by Judge John W. Lungstrum denying motion for leave to file first amended complaint out of time by plaintiff Michael L McGinley [59-1] (cc: all counsel) (TRS) (Entered: 07/06/1999)
1999-07-01 91 0 CERTIFICATE OF SERVICE of Response to Third Requests for Production by defendant Franklin Sports Inc (TRS) (Entered: 07/07/1999)
1999-07-07 92 0 MOTION to compel production of documents by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 07/08/1999)
1999-07-07 93 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Steve Hudon on 7/13/99 at 10:00 (TRS) (Entered: 07/09/1999)
1999-07-08 94 0 MOTION for leave to file surreply to defendant's reply memorandum in support of motion for summary judgment by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 07/09/1999)
1999-07-08 95 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Stanley M. Shurgin on 7/12/99 at 2:00 (TRS) (Entered: 07/09/1999)
1999-07-08 96 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Stanley M. Shurgin on 7/12/99 at 2:00 (TRS) (Entered: 07/09/1999)
1999-07-08 97 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Dean G. Bostock on 7/12/99 at 4:00 (TRS) (Entered: 07/09/1999)
1999-07-09 98 0 ORDER ENTERED: by Judge John W. Lungstrum granting motion for attorney Shana J. Long to appear pro hac vice by defendant and counter-claimant Franklin Sports Inc [74-1] (cc: all counsel) (TRS) (Entered: 07/12/1999)
1999-07-15 99 0 CERTIFICATE OF SERVICE of Expert Witness Testimony by defendant Franklin Sports Inc (TRS) (Entered: 07/16/1999)
1999-07-15 100 0 MEMORANDUM in opposition by plaintiff to motion to compel production of documents by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [92-1] (TRS) (Entered: 07/16/1999)
1999-07-15 101 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Steve Dunlap on 7/21/99 at 10:00 (TRS) (Entered: 07/16/1999)
1999-07-19 102 0 AMENDED NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Steve Dunlap on 7/21/99 at 10:00 (TRS) (Entered: 07/20/1999)
1999-07-22 103 0 MINUTE ORDER ENTERED by Clerk finding the motion to compel production of documents by defendant Franklin Sports Inc [92-1] moot. (cc: all counsel) (TRS) (Entered: 07/23/1999)
1999-07-23 104 0 PRETRIAL ORDER ENTERED by Judge John W. Lungstrum : Jury Trial set for 12/7/99, (ETT 10 to 15 days), prospects are poor; dispositive motions due 8/9/99; motion for leave [94-1] was granted at the final pretrial conference, plaintiff shall file same no later than 7/23/99 (cc: all counsel) (TRS) (Entered: 07/26/1999)
1999-07-23 105 0 SURREPLY by plaintiff Michael L McGinley To Reply Memorandum in Support re: motion for summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [61-1] (TRS) (Entered: 07/26/1999)
1999-07-23 106 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Mike May on 7/29/99 at 9:00 (TRS) (Entered: 07/26/1999)
1999-07-23 107 0 NOTICE by plaintiff Michael L McGinley of taking deposition of USA Products, Inc. on 8/2/99 at 9:00 (TRS) (Entered: 07/26/1999)
1999-07-26 108 0 AMENDED NOTICE by plaintiff Michael L McGinley of taking deposition of Mike May on 7/29/99 at 9:00 (TRS) (Entered: 07/27/1999)
1999-07-26 109 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Corey Theriault on 7/29/99 at 11:00 (TRS) (Entered: 07/27/1999)
1999-07-26 110 0 AMENDED NOTICE by plaintiff Michael L McGinley of taking deposition of USA Products, Inc. on 8/2/99 at 9:00 (TRS) (Entered: 07/27/1999)
1999-07-30 111 0 CERTIFICATE OF SERVICE of third set of interrogatories by plaintiff Michael L McGinley (YH) (Entered: 08/02/1999)
1999-08-03 112 0 CERTIFICATE OF SERVICE of responses to second set of interrogatories by plaintiff Michael L McGinley (YH) (Entered: 08/04/1999)
1999-08-04 113 0 CERTIFICATE OF SERVICE of rebuttal opinions of Sean P Suiter by plaintiff (ICMSUSER) (Entered: 08/05/1999)
1999-08-06 114 0 CROSS-MOTION for partial summary judgment by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (w/memorandum in support) (TRS) (Entered: 08/09/1999)
1999-08-09 115 0 MOTION for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (YH) (Entered: 08/10/1999)
1999-08-09 116 0 MEMORANDUM by defendant Franklin Sports Inc in support of motion for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [115-1] (YH) (Entered: 08/10/1999)
1999-08-09 117 0 MOTION for summary judgment of patent invalidity by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (YH) (Entered: 08/10/1999)
1999-08-09 118 0 MEMORANDUM by defendant Franklin Sports Inc in support of motion for summary judgment of patent invalidity by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [117-1] (YH) (Entered: 08/10/1999)
1999-08-09 119 0 EXHIBITS 1-6 in support of memorandum [118-1], motion for summary judgment of patent invalidity by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [117-1] (YH) (Entered: 08/10/1999)
1999-08-09 120 0 AMENDED NOTICE by plaintiff of taking deposition of Mike May on 8/20/99 at 10:00 a.m. (KM) (Entered: 08/10/1999)
1999-08-09 121 0 NOTICE by plaintiff of taking deposition of SGMA (Sporting Goods Manuf. Assoc.) on 8/20/99 at 12:00 p.m. (KM) (Entered: 08/10/1999)
1999-08-16 122 0 CERTIFICATE OF SERVICE of Supplemental and Report and Rebuttal Opinions of John W. Meara by plaintiff Michael L McGinley (TRS) (Entered: 08/17/1999)
1999-08-19 123 0 RETURN OF SERVICE of Subpoena to Mike May and SGMA by plaintiff, and counter-defendant Michael L McGinley, served on 8/9/99 (TRS) Modified on 08/20/1999 (Entered: 08/20/1999)
1999-08-19 124 0 RETURN OF SERVICE of Subpoena to USA Products, Inc. by plaintiff Michael L McGinley served on 7/23/99 (TRS) (Entered: 08/20/1999)
1999-08-25 125 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Carol Mullen on 8/31/99 at 10:00 (TRS) (Entered: 08/26/1999)
1999-08-26 126 0 NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Carol Banning on 8/30/99 at 10:00 (TRS) (Entered: 08/26/1999)
1999-08-27 127 0 AMENDED NOTICE by defendant Franklin Sports Inc of taking videotaped deposition of Carol Banning on 8/30/99 at 10:30 (TRS) (Entered: 08/31/1999)
1999-08-30 128 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to cross-motion for partial summary judgment by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [114-1] (TRS) (Entered: 08/31/1999)
1999-08-30 129 0 RETURN OF SERVICE of Subpoena to Corey Theriault by plaintiff Michael L McGinley served on 7/29/99 (TRS) (Entered: 08/31/1999)
1999-09-07 130 0 MEMORANDUM in opposition by Franklin Sports Inc to motion for summary judgment of patent invalidity by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [117-1] (TRS) (Entered: 09/08/1999)
1999-09-07 131 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion for partial summary judgment by Franklin Sports Inc referred to Judge John W. Lungstrum [115-1] (TRS) (Entered: 09/08/1999)
1999-09-22 132 0 REPLY by plaintiff Michael L McGinley to response to motion for partial summary judgment by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [114-1] (TRS) (Entered: 09/23/1999)
1999-09-24 133 0 REPLY Memorandum in support by defendant Franklin Sports Inc re: motion for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [115-1] (YH) (Entered: 09/27/1999)
1999-09-24 134 0 REPLY by defendant Franklin Sports Inc to opposition to motion for summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [61-1] (YH) (Entered: 09/27/1999)
1999-10-01 135 0 RULE 26(a)(3) DISCLOSURES submitted by plaintiff Michael L McGinley (TRS) (Entered: 10/04/1999)
1999-10-04 136 0 CERTIFICATE OF SERVICE of Disclosures under FRCP 26(a)(3) by defendant Franklin Sports Inc (TRS) (Entered: 10/05/1999)
1999-10-15 137 0 OBJECTIONS by plaintiff Michael L McGinley to defendants exhibit list [87-1], witness list [86-1] (TRS) (Entered: 10/18/1999)
1999-10-15 138 0 RESPONSE by defendant Franklin Sports Inc re: list [135-1] (TRS) (Entered: 10/20/1999)
1999-10-28 139 0 MEMORANDUM AND ORDER: by Judge John W. Lungstrum granting motion for partial summary judgment by plaintiff Michael L McGinley [114-1] denying motion for summary judgment of patent invalidity by defendant Franklin Sports Inc [117-1] denying motion for partial summary judgment by defendant Franklin Sports Inc [115-1] denying motion for summary judgment by defendant Franklin Sports Inc [61-1] 33 pages (cc: all counsel) (TRS) (Entered: 10/29/1999)
1999-11-03 140 0 NOTICE by defendant Franklin Sports Inc UNDER 35 U.S.C. Section 282 (TRS) (Entered: 11/04/1999)
1999-11-05 141 0 MOTION to amend Interlocutory order granting summary judgment referred to Judge John W. Lungstrum (TRS) (Entered: 11/08/1999)
1999-11-05 142 0 MEMORANDUM by defendant Franklin Sports Inc in support of motion to amend Interlocutory order granting summary judgment referred to Judge John W. Lungstrum [141-1] (TRS) (Entered: 11/08/1999)
1999-11-10 143 0 MINUTE ORDER ENTERED by Clerk jury trial set for 9:00 a.m. on 12/7/99; limine hearing set for 9:00 a.m. on 12/6/99 (cc: all counsel) (YH) (Entered: 11/12/1999)
1999-11-12 144 0 MOTION to exclude testimony of defendant's expert Thomas W. Britven by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 11/15/1999)
1999-11-12 145 0 MEMORANDUM by plaintiff Michael L McGinley in support of motion to exclude testimony of defendant's expert Thomas W. Britven by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [144-1] (TRS) (Entered: 11/15/1999)
1999-11-12 146 0 MOTION in limine No. 1 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 11/15/1999)
1999-11-12 147 0 MOTION in limine No. 2 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 11/15/1999)
1999-11-12 148 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion to amend Interlocutory order granting summary judgment referred to Judge John W. Lungstrum [141-1] (TRS) (Entered: 11/15/1999)
1999-11-12 149 0 MOTION to intervene referred to Judge John W. Lungstrum by intervenor USA Products , for preliminary injunction by intervenor USA Products referred to Judge John W. Lungstrum (TRS) (Entered: 11/15/1999)
1999-11-12 150 0 AFFIDAVIT of Keith Illig re: motion to intervene referred to Judge John W. Lungstrum by intervenor USA Products [149-1], re: motion for preliminary injunction by intervenor USA Products referred to Judge John W. Lungstrum [149-2] (TRS) (Entered: 11/15/1999)
1999-11-16 151 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion to intervene referred to Judge John W. Lungstrum by intervenor USA Products [149-1], motion for preliminary injunction by intervenor USA Products referred to Judge John W. Lungstrum [149-2] (TRS) (Entered: 11/17/1999)
1999-11-16 152 0 RETURN OF SERVICE of subpoena(s) by plaintiff Michael L McGinley executed upon Bret Snead, Peggy Gower, Joe Kazmiercazk, Dave Vitale on 11/8/99 by personal service (TRS) (Entered: 11/18/1999)
1999-11-17 153 0 ENTRY OF APPEARANCE for plaintiff Michael L McGinley by attorney Thomas V. Bender (TRS) (Entered: 11/18/1999)
1999-11-17 154 0 FIFTH DECLARATION (AFFIDAVIT) of Mike McGinley re: memorandum [151-1] (TRS) (Entered: 11/19/1999)
1999-11-17 155 0 MINUTE SHEET of hearing before Judge John W. Lungstrum denied motion to amend Interlocutory order granting summary judgment [141-1] denied motion to intervene by intervenor USA Products [149-1] denied motion for preliminary injunction by intervenor USA Products [149-2] in-court (limine) hearing set for 10:30 11/30/99 Court Reporter: D. Mellegard (TRS) (Entered: 11/19/1999)
1999-11-22 156 0 MOTION in limine No. 4 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 11/23/1999)
1999-11-22 157 0 MOTION in limine No. 3 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum and Objections to Notice under 35 U.S.C. Section 282 (TRS) Modified on 11/23/1999 (Entered: 11/23/1999)
1999-11-24 158 0 MINUTE ORDER ENTERED by Clerk jury trial set for 9:00 1/11/00; in-court (limine conference) hearing reset for 9:30 12/15/99; the parties are to notify the Court by 12/3/99 what issues, have been resolved or deemed moot; deadline for filing responses to motion in limine is 12/3/99 (cc: all counsel) (TRS) Modified on 12/22/1999 (Entered: 11/24/1999)
1999-11-24 159 0 ORDER ENTERED: by Judge John W. Lungstrum; The "Pitch Ball Trainer" Model 2707 of defendant Franklin Sports, Inc. does not infringe claims 1, 2, 6, and/or 7 of the U.S. Patent No. 5,407,193. (cc: all counsel) (KM) (Entered: 11/26/1999)
1999-11-30 160 0 MOTION in limine No. 1 by defendant Franklin Sports, Inc. referred to Judge John W. Lungstrum (TRS) (Entered: 12/01/1999)
1999-12-03 161 0 RESPONSE by defendant Franklin Sports Inc to motion in limine No. 1 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [146-1] (TRS) (Entered: 12/06/1999)
1999-12-03 162 0 RESPONSE by defendant Franklin Sports Inc to motion in limine No. 4 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [156-1] (TRS) (Entered: 12/06/1999)
1999-12-03 163 0 RESPONSE by defendant Franklin Sports Inc to motion to exclude testimony of defendant's expert Thomas W. Britven by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [144-1] (TRS) (Entered: 12/06/1999)
1999-12-03 164 0 RESPONSE by defendant Franklin Sports Inc to motion in limine No. 2 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [147-1] (TRS) (Entered: 12/06/1999)
1999-12-05 165 0 RESPONSE by defendant Franklin Sports Inc to motion in limine No. 3 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [157-1] (TRS) (Entered: 12/06/1999)
1999-12-06 166 0 MINUTE ORDER ENTERED by Clerk re motion in limine No.1 [160-1]; Plaintiff shall have until 5:00 on Thursday, 12/9/99 to file a response to defendant's motion in limine. (cc: all counsel) (TRS) (Entered: 12/07/1999)
1999-12-06 167 0 MOTION with memorandum in support for leave to accept response to motion in limine No. 3 two days out of time by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 12/07/1999)
1999-12-07 168 0 ORDER ENTERED: by Judge John W. Lungstrum granting motion for leave to accept response to motion in limine No. 3 two days out of time by defendant Franklin Sports Inc [167-1] (cc: all counsel) (TRS) (Entered: 12/08/1999)
1999-12-09 169 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion in limine No. 1 by defendant Franklin Sports, Inc. referred to Judge John W. Lungstrum [160-1] (TRS) (Entered: 12/10/1999)
1999-12-10 170 0 RETURN OF SERVICE of subpoena(s) by plaintiff Michael L McGinley executed upon Bret Snead, Peggy Gower, Joe Kazmierczak, and Dave Vitale on 11/24/99 by personal service (TRS) (Entered: 12/13/1999)
1999-12-10 171 0 RETURN OF SERVICE of subpoena(s) by plaintiff Michael L McGinley executed upon William B. Kircher on 11/26/99 by personal service (TRS) (Entered: 12/13/1999)
1999-12-14 172 0 EXHIBITS by plaintiff Michael L McGinley in support of memorandum [145-1], motion to exclude testimony of defendant's expert Thomas W. Britven by plaintiff Michael L McGinley referred to Judge John W. Lungstrum [144-1] (TRS) (Entered: 12/15/1999)
1999-12-16 173 0 ORDER ENTERED: by Judge John W. Lungstrum taking under advisement on 12/16/99 the motion to exclude testimony of defendant's expert Thomas W. Britven by plaintiff Michael L McGinley [144-1]. Granting in part and denying in part the motion in limine No. 1 by plaintiff Michael L McGinley [146-1]. Granting in party and denying in part motion in limine No. 2 by plaintiff Michael L McGinley [147-1]. Denying the motion in limine No. 3 by plaintiff Michael L McGinley [157-1]. Granting in part and denying in part the motion in limine No. 4 by plaintiff Michael L McGinley [156-1]. Denying in part and granting in part the motion in limine 1 by defendant Franklin Sports, Inc. [160-1] (cc: all counsel) (KM) Modified on 12/21/1999 (Entered: 12/16/1999)
1999-12-20 174 0 MOTION for partial summary judgment regarding profit of USA Products, Inc. that was lost between April 1995 through April of 1998 filed by plaintiff referred to Judge John W. Lungstrum (expansion folder) (KM) Modified on 12/21/1999 (Entered: 12/21/1999)
1999-12-17 175 0 NOTICE OF APPEAL to Federal Circuit Court of Appeals by USA Products re: minute sheet denying motion by USA Products, Inc. to intervene [155-3] (cc: all counsel, 10CCA) (KM) Modified on 01/11/2000 (Entered: 12/21/1999)
1999-12-28 176 0 ORDER ENTERED: by Judge John W. Lungstrum re: Motion for partial summary judgment [174-1]. A telephone hearing is scheduled for 1/6/00 at 10:00 a.m.(cc: all counsel) (KM) (Entered: 12/29/1999)
2000-01-03 177 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion for partial summary judgment regarding profit of USA Products, Inc. that was lost between April 1995 through April of 1998 filed by plaintiff referred to Judge John W. Lungstrum [174-1] (TRS) (Entered: 01/04/2000)
2000-01-05 178 0 CERTIFICATE OF SERVICE of additional proposed jury instructions by defendant Franklin Sports Inc (TRS) (Entered: 01/06/2000)
2000-01-05 179 0 PROPOSED JURY INSTRUCTIONS by defendant Franklin Sports Inc (TRS) (Entered: 01/06/2000)
2000-01-05 180 0 OBJECTIONS by plaintiff Michael L McGinley to proposed jury instructions [179-1] (TRS) (Entered: 01/06/2000)
2000-01-05 181 0 PARTIES' PROPOSED PRELIMINARY AND FINAL JURY INSTRUCTIONS by plaintiff Michael L McGinley (TRS) (Entered: 01/06/2000)
2000-01-06 182 0 TRIAL BRIEF submitted by plaintiff Michael L McGinley regarding "Omitted Element" (TRS) Modified on 01/07/2000 (Entered: 01/07/2000)
2000-01-06 183 0 TRIAL BRIEF submitted by plaintiff Michael L McGinley regarding conversation in 1992 with attorney Bill Kircher (TRS) (Entered: 01/07/2000)
2000-01-06 184 0 ORDER ENTERED: by Judge John W. Lungstrum denying motion for partial summary judgment regarding profit of USA Products, Inc. that was lost between April 1995 through April of 1998 filed by plaintiff [174-1] (cc: all counsel) (TRS) (Entered: 01/07/2000)
2000-01-10 185 0 TRIAL STIPULATION by plaintiff Michael L McGinley, and defendant Franklin Sports Inc of facts (TRS) (Entered: 01/11/2000)
2000-01-10 186 0 NOTICE by plaintiff Michael L McGinley, defendant Franklin Sports Inc of taking deposition of Scott DeGrasse on 5/19/99 (TRS) (Entered: 01/11/2000)
2000-01-10 187 0 RETURN OF SERVICE of subpoena by defendant Franklin Sports Inc executed upon Lawrence Ferree on 1/4/00 by personal service (TRS) (Entered: 01/11/2000)
2000-01-10 188 0 RETURN OF SERVICE of subpoena by defendant Franklin Sports Inc executed upon Richard Stitt on 1/5/00 by personal service (TRS) (Entered: 01/11/2000)
2000-01-10 189 0 TRIAL BRIEF submitted by plaintiff Michael L McGinley regarding defendant's failure to provide evidence of communications with counsel and prohibiting defendant from introducing such evidence at trial. (TRS) (Entered: 01/11/2000)
2000-01-13 190 0 RESPONSE by defendant Franklin Sports Inc trial brief [189-1] (TRS) (Entered: 01/13/2000)
2000-01-13 191 0 BENCH BRIEF REGARDING THE ORDINARY LEVEL OF SKILL IN THE ART submitted by defendant Franklin Sports Inc (FILED IN OPEN COURT) (TRS) (Entered: 01/18/2000)
2000-01-14 192 0 TRIAL BRIEF REGARDING INADMISSIBILITY OF OFFERS OF COMPROMISE OR EVIDENCE OF SUBSEQUENT REMEDIAL MEASURES submitted by defendant Franklin Sports Inc (TRS) Modified on 01/18/2000 (Entered: 01/18/2000)
2000-01-18 193 0 MOTION for judgment as a matter of law under FRCP 50 by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 01/19/2000)
2000-01-18 194 0 PROPOSED VERDICT FORM by defendant Franklin Sports Inc (TRS) Modified on 01/28/2000 (Entered: 01/19/2000)
2000-01-19 195 0 MOTION with memorandum in support for judgment as a matter of law on the issue of patent validity by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) Modified on 01/28/2000 (Entered: 01/19/2000)
2000-01-19 196 0 MINUTE SHEET of hearing before Judge John W. Lungstrum Jury trial was held 1/11/00, 1/12/00, 1/13/00, 1/14/00, 1/18/00, 1/19/00; Jury impaneled and sworn 1/5/00; Voir dire and jury selection 1/11/00; Oral Rule 50 motion granted as to all validity issues except anticipation, obviousness and inequitable conduct on 1/13/00; Oral Rule 50 motions by both plaintiff and defendant denied for the reasons set forth on the record 1/18/00; Verdict returned for plaitniff. Jury polled, verdict unanimous; the Court previously had bifurcated damage issues and advises counsel that the trial for damages will be set at a later date after ruling on post trial motions. Court Reporter: D. Mellegard (TRS) Modified on 03/27/2000 (Entered: 01/20/2000)
2000-01-19 197 0 JURY INSTRUCTIONS BY COURT (TRS) (Entered: 01/20/2000)
2000-01-19 198 0 VERDICT for plaintiff Michael L McGinley and against defendant Franklin Sports Inc (TRS) (Entered: 01/20/2000)
2000-01-19 199 0 OFFER OF PROOF DESIGNATION OF DEPOSITIONS OF KEITH ILLIG by plaintiff Michael L McGinley (TRS) Modified on 01/28/2000 (Entered: 01/19/2000)
2000-01-25 200 0 RENEWED MOTION for judgment as a matter of law by defendant Franklin Sports Inc referred to Judge John W. Lungstrum , or for new trial by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) Modified on 01/28/2000 (Entered: 01/26/2000)
2000-01-25 201 0 MEMORANDUM by defendant Franklin Sports Inc in support of motion for judgment as a matter of law by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [199-1], motion for new trial by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [199-2] (TRS) Modified on 01/28/2000 (Entered: 01/26/2000)
2000-01-27 202 0 CONSENT ORDER ENTERED: by Judge John W. Lungstrum; Plaintiff need not file any motion for an award of enhanced damages or for attorneys' fees until after a final judgment. At that point, Plaintiff shall have 14 days from the date of the judgment to file any motion for an award of enhanced damages/or for attorneys' fees that he intends to file. (cc: all counsel) (TRS) Modified on 01/28/2000 (Entered: 01/28/2000)
2000-02-10 204 0 APPEAL DOCKETED in Federal Circuit Court of Appeals on 2/2/00 re: appeal [175-1] and assigned Appeal No. 00-1179 (KM) (Entered: 02/10/2000)
2000-02-28 205 0 REPLY by defendant and counter-claimant Franklin Sports Inc to response to motion for judgment as a matter of law by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [200-1], motion for new trial by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [200-2] (TRS) (Entered: 02/29/2000)
2000-04-05 206 0 MEMORANDUM AND ORDER: by Judge John W. Lungstrum motion for judgment as a matter of law by defendant Franklin Sports Inc granted in part and denied in part, granted as to validity; it is denied as to wilfulness of infringement [200-1], denied motion for new trial defendant Franklin Sports Inc [200-2] 23 pages (cc: all counsel) (TRS) (Entered: 04/06/2000)
2000-04-05 207 0 JUDGMENT ENTERED BY CLERK re Memorandum and Order [206-1] Pursuant to the Memorandum and Order filed 4/5/00, judgment as a matter of law is entered in favor of defendant, that plaintiff shall take nothing, that the action is dismissed and that the defendant Franklin Sports, Inc. shall recover of plaitniff Michael L. McGinley its costs of action; terminating case (cc: all counsel) (CMS) (Entered: 04/06/2000)
2000-04-13 208 0 NOTICE OF APPEAL to FEDERAL CIRCUIT COURT OF APPEALS by plaintiff re: judgment [207-2], re: memorandum and order [206-1] (cc: all counsel, Federal Circuit Court Appeals - Washington, D.C.) (KM) (Entered: 04/14/2000)
2000-04-24 209 0 APPEAL MANDATE from Federal Circuit Court of Appeal dismissing appeal [175-1] (Appeal No. 00-1179) (KM) (Entered: 04/24/2000)
2000-04-27 210 0 CERTIFIED MAIL RECEIPT returned re: appeal [208-1] addressed to attorney Jan Horbaly Federal Circuit Court of Appeals (TRS) (Entered: 04/28/2000)
2000-05-01 211 0 NOTICE OF CONDITIONAL CROSS-APPEAL to Federal Circuit Court of Appeals by defendant Franklin Sports, Inc. re: memorandum and order of 10/28/99 [139-1] (cc: all counsel, Federal Circuit Court of Appeals) (KM) (Entered: 05/08/2000)
2000-05-08 212 0 APPEAL DOCKETED in Federal Circuit Court of Appeals on 5/1/00 re: appeal of pltf. Michael L. McGinley [208-1] and assigned Appeal No. 00-1324 (KM) (Entered: 05/09/2000)
2000-05-12 213 0 BILL OF COSTS AND MEMORANDUM OF COSTS FILED by defendant and counter-claimant Franklin Sports Inc (TRS) (Entered: 05/15/2000)
2000-06-01 214 0 OBJECTIONS by plaintiff Michael L McGinley to BILL OF COSTS [213-1] (TRS) (Entered: 06/02/2000)
2000-07-27 215 0 TRANSCRIPT of Jury Trial held 1/14/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) Four, pages 1-258; Court Reporter: T. Hallberg (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/01/2000)
2000-08-03 216 0 TRANSCRIPT of Trial held 1/11/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) One, pages 1-138; Court Reporter: Donna Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 217 0 TRANSCRIPT of Hearing held 1/21/99 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1] ; volume(s) One, pages 1-77; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 218 0 TRANSCRIPT of Limine Conference held 12/15/99 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1] ; volume(s) One, pages 1-258; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 219 0 TRANSCRIPT of Telephonic held 1/6/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) One, pages 1-21; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 220 0 TRANSCRIPT of Telephonic Hearing held 1/10/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) One, pages 1-17; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 221 0 TRANSCRIPT of Trial held 1/12/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) Two, pages 1-245; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 222 0 TRANSCRIPT of Trial held 1/13/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) Three, pages 1-330; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 223 0 TRANSCRIPT of Trial held 1/18/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) Five, pages 1-189; Court Reporter: D. Mellegard (Appeal No. 00-1324; 00-1179) (TRS) (Entered: 08/04/2000)
2000-08-03 224 0 TRANSCRIPT of Trial held 1/19/00 before Judge John W. Lungstrum re: appeal [211-1], re: appeal [208-1]; volume(s) Six, pages 1-16; Court Reporter: D. Mellegard (Appeal No. 00-1324;00-1179) (TRS) (Entered: 08/04/2000)
2000-08-30 225 0 VIDEOTAPE DEPOSITION of James Fox taken on 7/19/99 by defendant Franklin Sports Inc (TRS) (Entered: 08/31/2000)
2000-08-30 226 0 NOTICE by defendant Franklin Sports Inc of taking deposition of Vicki L. Quimby on 6/17/99 (TRS) (Entered: 08/31/2000)
2000-08-30 227 0 DEPOSITION of Raymond Chan taken on 7/14/99 by defendant Franklin Sports Inc; Vol. 1, pages 1-99 (TRS) (Entered: 08/31/2000)
2000-08-30 228 0 DEPOSITION of Kimberly Ann Spence taken on 7/12/99 by defendant Franklin Sports Inc Volume 1, pages 1-54 (TRS) (Entered: 08/31/2000)
2000-08-30 229 0 VIDEOTAPED DEPOSITION of David Lee taken on 7/9/99 by defendant Franklin Sports Inc (TRS) (Entered: 08/31/2000)
2000-08-30 230 0 VIDEOTAPED DEPOSITION of Rudy Vigil taken on 7/15/99 by plaintiff Michael McGinley (TRS) Modified on 08/31/2000 (Entered: 08/31/2000)
2000-08-30 231 0 VIDEOTAPED DEPOSITION of Larry J. Franklin taken on 5/18/00 by plaintiff Michael McGinley (TRS) Modified on 08/31/2000 (Entered: 08/31/2000)
2000-08-30 232 0 VIDEO-TAPED DEPOSITION of Paul Aleskovsky taken on 8/20/99 by plaintiff Michael L McGinley (TRS) (Entered: 08/31/2000)
2000-08-30 233 0 DEPOSITION of Scott Degrasse taken on 5/19/99 by plaintiff Michael L McGinley (TRS) (Entered: 08/31/2000)
2000-12-20 234 0 APPEAL TRANSCRIPT ORDER FORM re: conditional cross appeal [211-1] transcripts already on file in district court. (KM) (Entered: 12/20/2000)
2001-01-02 235 0 CERTIFIED MAIL RECEIPT returned re: appeal [0-1] addressed to Jan Horbaly, Clerk, Federal Circuit Court of Appeals in Washington, D.C. (CK) (Entered: 01/03/2001)
2001-02-26 236 0 APPEAL ORDER from Federal Circuit Court of Appeals re: appeal of Franklin Sports [208-1]; the clerk of the court is directed to transfer the physical exhibits listed in appellant's attached motion to the Clerk of the Circuit Court. The exhibits shall be maintained in the Clerk's office of the Circuit Court. (Appeal No. 00-1324) (KM) (Entered: 03/07/2001)
2001-03-09 237 0 RECEIPT acknowledged by Clerk's Office for use of exhibit no. 644 received from attorney Kip D. Richards, counsel for plaintiff. Exhibit to be transferred to Federal Circuit Court of Appeals per order of 1/25/01 in addition to additional exhibits held in custody of Clerk's Office USDC, KS. (KM) (Entered: 03/13/2001)
2001-03-23 238 0 RECEIPT FROM Federal Circuit Court of Appeals of original trial exhibit nos. 99, 164, 431, 437, 438, 439, 440, 441, 644, 647, 863, 864, 1026 re: appeal [211-1], re: appeal [208-1] (Appeal Nos. 00-1179/1324) (KM) (Entered: 03/26/2001)
2001-05-23 239 0 RECEIPT FROM Federal Circuit Court of Record on Appeal; Vols 1-16 re: appeal [211-1], re: appeal [208-1] (Appeal No. 00-1324) (KM) (Entered: 06/01/2001)
2001-06-15 240 0 TRANSCRIPT of hearing held 11/17/99 before Judge John W. Lungstrum; volume one (1), pages 1-58; Court Reporter: Donna Mellegard (MG) (Entered: 06/21/2001)
2001-08-24 241 0 APPEAL OPINION from Federal Circuit Court of Appeals re: appeal [211-1], re: appeal [208-1]; Reversing in part and affirming in part the decision of the District Court. No costs. The mandate will be issued in due course. (Appeal No. 00-1324, 01-1113) (KM) (Entered: 08/27/2001)
2001-10-29 242 0 APPEAL MANDATE from FEDERAL CIRCUIT COURT OF APPEALS reversing in part and affirming in part the decision of the District Court [211-1] decision of the District Court [208-1] (Appeal No. 00-1324/01-1113) (cc: Judge) (KM) (Entered: 10/30/2001)
2001-11-09 243 0 RECEIPT FROM 10CCA of return of original court exhibits - Pltf's exhibit nos. 99 (video tape), 164, 437, 438, 439, 440, 441, 644, 647 (video tape); Deft's exhibit nos. 863, 864, 1026; Markman Brief exhibit no. 5 and one unmarked baseball. (Appeal No. 00-1325/01-1113) (KM) Modified on 11/14/2001 (Entered: 11/10/2001)
2001-11-13 244 0 RECEIPT FROM Federal Circuit Court of Appeals of return of original court files (Appeal No. 00-1324) (KM) (Entered: 11/27/2001)
2001-11-28 245 0 CERTIFICATE OF SERVICE of Supplemental Discovery Responses by defendant Franklin Sports Inc (TRS) (Entered: 11/29/2001)
2001-12-07 246 0 MINUTE ORDER ENTERED by Clerk Telephone status conference was held on 11/21/01 before the Honorable John W. Lungstrum, Chief Judge; defendant is required to provide plaintiff with discovery requested dealing with the damages issue, in the form of sworn interrogatory answers by 11/27/01; defendant shall have until 12/21/01 to file a motion for partial summary judgment on all damages and plaintiff shall have until 1/22/01 to respond (cc: all counsel) (TRS) (Entered: 12/10/2001)
2001-12-10 247 0 CERTIFICATE OF SERVICE of supplemental discovery responses by defendant Franklin Sports Inc (YH) (Entered: 12/12/2001)
2001-12-21 248 0 MOTION for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 12/26/2001)
2001-12-21 249 0 MEMORANDUM by defendant Franklin Sports Inc in support of motion for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [248-1] (TRS) (Entered: 12/26/2001)
2002-01-22 250 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [248-1] (TRS) (Entered: 01/23/2002)
2002-02-04 251 0 REPLY by defendant Franklin Sports Inc to response to motion for partial summary judgment by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [248-1] (TRS) (Entered: 02/05/2002)
2002-03-20 252 0 MEMORANDUM AND ORDER: by Judge John W. Lungstrum denying motion for partial summary judgment by defendant Franklin Sports Inc [248-1]; 15 pages (cc: all counsel) (TRS) (Entered: 03/21/2002)
2002-03-28 253 0 MINUTE ORDER ENTERED by Clerk; scheduling conference by telephone set for 10:30 a.m. on 4/16/02, Rule 26(f) report no later than 5:00 p.m. on 4/3/02, and defendant shall have until 4/5/02 to file a motion concerning conflict of interest of plaintiff's counsel, plaintiff shall have until 4/26/02 to respond and reply by defendants due by 5/10/02; jury trial set for 9:30 a.m. on 8/20/02 (cc: all counsel) (TRS) (Entered: 03/28/2002)
2002-04-05 254 0 ORDER NUNC PRO TUNC ENTERED: by Judge John W. Lungstrum; The court inadvertently omitted a word in the first sentence of the second full paragraph on page 13 of the court's Memorandum and Order [252-1]. The sentence should read: "In this case, plaintiff has come forth with sufficient evidence from which a reasonable jury could conclude that the 2707 ball was not an acceptable noninfringing substitute for the RCIB." (cc: all counsel) (TRS) (Entered: 04/05/2002)
2002-04-05 255 0 REPORT of parties' planning meeting by plaintiff Michael L McGinley, defendant Franklin Sports Inc (Filed per Courts request) (TRS) (Entered: 04/08/2002)
2002-04-05 256 0 ENTRY OF APPEARANCE for defendant and counter-claimant Franklin Sports Inc by attorney Thomas A. Sheehan (TRS) (Entered: 04/08/2002)
2002-04-05 257 0 MOTION for order to Disqualify Plaintiff's Counsel by defendant, and counter-claimant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) (Entered: 04/08/2002)
2002-04-05 258 0 MEMORANDUM by defendant, and counter-claimant Franklin Sports Inc in support of motion for order to Disqualify Plaintiff's Counsel by defendant, and counter-claimant Franklin Sports Inc referred to Judge John W. Lungstrum [257-1] (TRS) (Entered: 04/08/2002)
2002-04-16 259 0 SUPPLEMENTAL SCHEDULING ORDER ENTERED by Judge John W. Lungstrum Scheduling Conference was held 4/16/02; Discovery deadline 7/29/02; final pretrial conference set for 10:00 a.m. on 8/6/02, proposed order due 8/2/02; jury trial set for 9:30 a.m. on 8/20/02, (ETT 6 days) (cc: all counsel) (TRS) (Entered: 04/17/2002)
2002-04-26 260 0 MEMORANDUM in opposition by defendant, counter-claimant to motion for order to Disqualify Plaintiff's Counsel by defendant, and counter-claimant Franklin Sports Inc referred to Judge John W. Lungstrum [257-1] (TRS) (Entered: 04/26/2002)
2002-05-06 261 0 REPLY by defendant to plaintiff's response to their motion for an order to disqualify plaintiff's counsel; referred to Judge John W. Lungstrum. [257-1] (MG) (Entered: 05/07/2002)
2002-05-28 262 0 WITNESS AND EXHIBIT LIST (Rule 26(a)(3)(A)&(C) disclosures) submitted by defendant. (MG) (Entered: 05/28/2002)
2002-05-28 263 0 PRELIMINARY WITNESS AND EXHIBIT LIST submitted by plaintiff Michael L McGinley (TRS) (Entered: 05/29/2002)
2002-05-29 264 0 UNOPPOSED MOTION to extend time until 6/14/02 to submit the designations required by FRCP 26(a)(2) by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) (Entered: 05/30/2002)
2002-05-31 265 0 ORDER ENTERED: by Judge John W. Lungstrum; granting motion to extend time until 6/14/02 to submit the designations required by FRCP 26(a)(2) by plaintiff Michael L McGinley [264-1]; No other deadlines are changed; (cc: all counsel) (TRS) (Entered: 05/31/2002)
2002-05-31 266 0 MEMORANDUM AND ORDER: by Judge John W. Lungstrum; denied in part and retained under advisement in part, motion for order to Disqualify Plaintiff's Counsel by defendant, and counter-claimant Franklin Sports Inc [257-1], the motion is denied as to disqualifying Walters Bender Strohbehn & Vaughan and retained under advisement as to disqualifying Mr. Richards; 16 pages (cc: all counsel) (TRS) (Entered: 05/31/2002)
2002-06-14 267 0 CERTIFICATE OF SERVICE of Rule 26(a)(2) disclosures; by plaintiff Michael L McGinley (TRS) (Entered: 06/17/2002)
2002-07-01 268 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Larry Franklin on 7/12/02 at 11:00 a.m. (TRS) (Entered: 07/02/2002)
2002-07-01 269 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Larry Franklin on 7/12/02 at 9:00 a.m. (TRS) (Entered: 07/02/2002)
2002-07-01 270 0 NOTICE by plaintiff Michael L McGinley of taking deposition of Franklin Sports, Inc. on 7/11/02 at 10:00 a.m. (TRS) (Entered: 07/02/2002)
2002-07-01 271 0 WITHDRAWAL OF COUNSEL OF RECORD by plaintiff Michael L McGinley (TRS) (Entered: 07/03/2002)
2002-07-03 272 0 NOTICE by plaintiff Michael L McGinley of taking deposition of John Ballas on 7/12/02 (MM) (Entered: 07/08/2002)
2002-07-03 273 0 NOTICE by plaintiff of taking deposition duces tecum of William Kinneberg on 07/22/02 at 9:00 a.m. (MG) (Entered: 07/08/2002)
2002-07-03 274 0 NOTICE by plaintiff of taking deposition duces tecum of Bret Saberhagen on 07/22/02 at 1:00 p.m. (MG) (Entered: 07/08/2002)
2002-07-03 275 0 NOTICE by plaintiff of taking deposition duces tecum of Lawrence L. Ferree III on 07/19/02 at 9:00 a.m. (MG) (Entered: 07/08/2002)
2002-07-03 276 0 NOTICE by plaintiff of taking deposition of Jim Jones on 07/25/02 at 10:00 a.m. (MG) (Entered: 07/08/2002)
2002-07-09 277 0 NOTICE by defendant of taking deposition of Michael McGinley on 07/16/02 at 9:00 a.m. (MG) (Entered: 07/09/2002)
2002-07-12 278 0 CERTIFICATE OF SERVICE of the rebuttal report of John W. Meara by plaintiff. (MG) (Entered: 07/15/2002)
2002-07-11 279 0 RETURN OF SERVICE of subpoena by plaintiff Michael L McGinley executed upon Lawerence L. Ferree, III on 7/8/02 by personal service. (CK) (Entered: 07/15/2002)
2002-07-16 280 0 CERTIFICATE OF SERVICE of Supplemental Answers to Second Set of Interrogatories and Supplemental Responses to Request for Production by plaintiff Michael L McGinley (TRS) (Entered: 07/17/2002)
2002-07-18 281 0 MOTION for protective order by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) (Entered: 07/19/2002)
2002-07-18 282 0 ORDER ENTERED: by Judge John W. Lungstrum; granted in part and denied in part motion for protective order by plaintiff Michael L McGinley [281-1]; granted to the extent that no preservation deposition will be taken until plaintiff has an opportunity to take a discovery deposition; denied as to cumulative nature of the deposition; (cc: all counsel) (TRS) (Entered: 07/19/2002)
2002-07-23 283 0 MOTION to reconsider prior rulings with regard to Plaintiff's right to recover the lost profits damages of USA Products, Inc and the related issue concerning the disqualification of Plaintiff's counsel, by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 07/24/2002)
2002-07-24 284 0 AMENDED NOTICE by plaintiff of taking deposition of Jim Jones on 07/26/02 at 5:00 p.m. (EST) (MG) (Entered: 07/25/2002)
2002-07-25 285 0 MINUTE ORDER ENTERED by Clerk regarding plaintiff's motion to reconsider prior rulings [283-1]; plaintiff's motion will be heard at the supplemental pretrial conference: supplemental pretrial conference set for 10:00 a.m. on 8/6/02 (cc: all counsel) (MG) (Entered: 07/26/2002)
2002-07-29 286 0 MOTION to exclude expert testimony of defendant's experts Saberhagen and Kinnenberg by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 07/30/2002)
2002-07-29 287 0 SECOND MOTION to exclude expert testimony of Charles Quinn by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 07/30/2002)
2002-07-29 288 0 CERTIFICATE OF SERVICE of Supplemental Report pursuant to FRCP 26(a)(2); by plaintiff Michael L McGinley (TRS) (Entered: 07/31/2002)
2002-07-30 289 0 CERTIFICATE OF SERVICE of Amended Responses to Third Set of Interrogatories and Fourth Request for Production of Documents and Things by defendant Franklin Sports Inc (TRS) (Entered: 07/31/2002)
2002-07-31 290 0 MOTION in limine to bar plaintiff from informing the jury that defendant's infringement was will by defendant Franklin Sports Inc; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 291 0 MOTION in limine to bar plaintiff from offering evidence regarding testimonials of baseball "Experts" by defendant Franklin Sports Inc referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 292 0 MOTION in limine No. D-1, prohibiting defendant from introducing any evidence or information concerning the Court's 4/5/02 decision by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 293 0 MOTION in limine number D-2, prohibiting defendant from referring to or submitting any evidence with regard to purported "dispute", by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 294 0 MOTION in limine No. D-3, prohibiting defendant from mentioning or seeking to introduce any evidence concerning any purported advise from its patent counsel by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 295 0 MOTION in limine No D-4, prohibiting defendant from referring to any evidence with regard to any verbal communications with the businesses to which it sould the 2705 and 2707 pitch trainer products by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-07-31 296 0 MOTION in limine No. D-5, prohibiting defendant from mentioning or seeking to introduce any evidence concerning Ferree Deposition Exhibit 22 by plaintiff Michael L McGinley referred to Judge John W. Lungstrum (TRS) Modified on 08/06/2002 (Entered: 08/01/2002)
2002-08-02 297 0 SUPPLEMENTAL (RULE 26(a)(3) Disclosures) WITNESSES AND EXHIBITS LIST submitted by plaintiff Michael L McGinley (TRS) (Entered: 08/05/2002)
2002-08-02 298 0 SUPPLEMENTAL DESIGNATION OF DEPOSITIONS by plaintiff Michael L McGinley (TRS) (Entered: 08/05/2002)
2002-08-02 299 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion to exclude expert testimony of defendant's experts Saberhagen and Kinnenberg by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum [286-1] (TRS) (Entered: 08/05/2002)
2002-08-02 300 0 DISCLOSURES UNDER RULE 26(a)(3), WITNESS AND EXHIBIT LIST; submitted by defendant Franklin Sports Inc (TRS) (Entered: 08/05/2002)
2002-08-02 301 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion for reconsider prior rulings with regard to Plaintiff's right to recover the lost profits damages of USA Products, Inc and the related issue concerning the disqualification of Plaintiff's counsel, by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum [283-1] (TRS) (Entered: 08/05/2002)
2002-08-02 302 0 MEMORANDUM in opposition by defendant Franklin Sports Inc to motion to exclude expert testimony of Charles Quinn by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum [287-1] (TRS) (Entered: 08/05/2002)
2002-08-05 303 0 REPLY by plaintiff Michael L McGinley to response to motion for reconsider prior rulings with regard to Plaintiff's right to recover the lost profits damages of USA Products, Inc and the related issue concerning the disqualification of Plaintiff's counsel, by plaintiff Michael L McGinley; referred to Judge John W. Lungstrum [283-1] (TRS) (Entered: 08/05/2002)
2002-08-05 304 0 CONSENT ORDER ENTERED: by Judge John W. Lungstrum; The time within which the parties may submit and file their FRCP 26 (a)(3)(A)(B) and (C) disclosures is enlarged by 2 days, through 8/2/02; (cc: all counsel) (TRS) (Entered: 08/05/2002)
2002-08-05 305 0 PROPOSED VOIR DIRE QUESTIONS submitted by defendant Franklin Sports Inc (TRS) (Entered: 08/06/2002)
2002-08-05 306 0 MEMORANDUM in opposition by defendant Franklin Sports Inc; to motion in limine No. D-5, prohibiting defendant from mentioning or seeking to introduce any evidence concerning Ferree Deposition Exhibit 22 by plaintiff Michael L McGinley [296-1]; motion in limine No D-4, prohibiting defendant from referring to any evidence with regard to any verbal communications with the businesses to which it sould the 2705 and 2707 pitch trainer products by plaintiff Michael L McGinley [295-1]; motion in limine No. D-3, prohibiting defendant from mentioning or seeking to introduce any evidence concerning any purported advise from its patent counsel by plaintiff Michael L McGinley [294-1]; motion in limine number D-2, prohibiting defendant from referring to or submitting any evidence with regard to purported "dispute", by plaintiff Michael L McGinley [293-1]; motion in limine No. D-1, prohibiting defendant from introducing any evidence or information concerning the Court's 4/5/02 decision by intervenor USA Products [292-1]; (TRS) (Entered: 08/06/2002)
2002-08-05 307 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion in limine to bar plaintiff from offering evidence regarding testimonials of baseball "Experts" by defendant Franklin Sports Inc referred to Judge John W. Lungstrum [291-1] (TRS) (Entered: 08/06/2002)
2002-08-05 308 0 MEMORANDUM in opposition by plaintiff Michael L McGinley to motion in limine to bar plaintiff from informing the jury that defendant's infringement was will by defendant Franklin Sports Inc; referred to Judge John W. Lungstrum [290-1] (TRS) (Entered: 08/06/2002)
2002-08-07 309 0 PRETRIAL ORDER ENTERED by Judge John W. Lungstrum: Jury Trial set for 9:30 a.m. on 8/20/02; Status Conference set for 2:30 p.m. on 8/19/02; terminating case referral; estimated trial time 6 days; Mediation is ordered before United States Magistrate Judge Donald W Bostwick, to begin at 9:30 a.m. on August 9, 2002; (cc: all counsel) (TRS) Modified on 08/16/2002 (Entered: 08/08/2002)
2002-08-09 310 0 DEPOSITION OBJECTIONS AND COUNTER-DESIGNATIONS of by defendant Franklin Sports Inc (TRS) Modified on 08/16/2002 (Entered: 08/09/2002)
2002-08-23 311 0 STIPULATION OF DISMISSAL by defendant Franklin Sports Inc, and plaintiff Michael L McGinley with prejudice; each party shall bear its own cost; (TRS) (Entered: 08/26/2002)
2002-08-26 312 0 MINUTE ORDER FOR DISPOSAL OF EXHIBITS ENTERED by Clerk; All of the exhibits/sealded documents/filed depositions shall be withdrawn within 15 days from the date of this Order; (cc: all counsel) (TRS) (Entered: 08/27/2002)
2002-08-27 313 0 ORDER ENTERED: by Judge John W. Lungstrum; Stipulation of Dismissal [311-1]; This action and all the claim and counterclaims asserted by one party against the other are dismissed with prejudice. Each party shall bear its own costs of action; terminating case (cc: all counsel) (TRS) Modified on 01/24/2003 (Entered: 08/28/2002)
2002-09-05 314 0 RECEIPT of defendant's trial exhibits returned by defendant Franklin Sports Inc. (MG) (Entered: 09/06/2002)
2002-09-10 315 0 RECEIPT FOR EXHIBITS RETURNED to counsel for plaintiffs (w/attached list of exhibits) (TRS) (Entered: 09/12/2002)