| Court: | mnd |
| Docket #: | 0:08-cv-06291 |
| Case Name: | Horton, Inc. v. Kit Masters Inc et al |
| PACER case #: | 104109 |
| Date filed: | 2008-12-08 |
| Date terminated: | 2011-04-15 |
| Assigned to: | Judge Patrick J. Schiltz |
| Referred to: | Magistrate Judge Leo I. Brisbois |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Horton, Inc. Plaintiff |
Alan M Koenck Austen P Zuege David R Fairbairn Kenneth A Liebman |
| Kit Masters Inc. Defendant |
Michael E Florey Andrew F Johnson Chad Drown Elizabeth Cowan Wright Geoff D Biegler Kenneth A Liebman |
| Concepts ETI, Inc Defendant TERMINATED: 03/29/2010 |
Geoff D Biegler Michael E Florey |
| Concepts ETI, Inc Counter Claimant TERMINATED: 03/29/2010 |
Geoff D Biegler Michael E Florey |
| Horton, Inc. Counter Defendant |
Alan M Koenck Austen P Zuege David R Fairbairn Kenneth A Liebman |
| Kit Masters Inc. Counter Claimant |
Michael E Florey Andrew F Johnson Chad Drown Elizabeth Cowan Wright Geoff D Biegler Kenneth A Liebman |
| Horton, Inc. Counter Defendant |
Alan M Koenck Austen P Zuege David R Fairbairn Kenneth A Liebman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-12-08 | 1 | 0 | COMPLAINT against Kit Masters Inc ( Filing fee $ 350 receipt number 40028873.) assigned to Judge Patrick J Schiltz per 6th Div. Patent List referred to Chief Magistrate Judge Raymond L Erickson., filed by Horton, Inc. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Civil Cover Sheet) (jdf) (Additional attachment(s) added on 12/8/2008: # 5 Complaint) (jdf). Modified on 12/8/2008 (jdf). (Additional attachment(s) added on 12/8/2008: # 6 Document Removed) (jdf). Modified text on 12/10/2008 (jdf). (Entered: 12/08/2008) | |||
| 2008-12-29 | 2 | 0 | SUMMONS Returned Executed by Horton, Inc. Kit Masters Inc served on 12/12/2008, answer due 1/2/2009. (Zuege, Austen) Modified on 12/30/2008 (akl). (Entered: 12/29/2008) | |||
| 2008-12-30 | 3 | 0 | EXHIBIT re 2 Summons Returned Executed by Horton, Inc. (Original Summons) (Zuege, Austen) Modified link and text on 12/30/2008 (akl). (Entered: 12/30/2008) | |||
| 2008-12-30 | 4 | 0 | STIPULATION AND JOINT MOTION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT by all parties. (Attachments: # 1 Certificate of Service)(Biegler, Geoff) Modified filers and text on 12/31/2008 (akl). (Entered: 12/30/2008) | |||
| 2009-01-06 | 5 | 0 | ORDER FOR EXTENSION OF TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT That the Stipulation and Joint Motion 4 is APPROVED, and that Defendant Kit Masters, Inc. shall have until January 12, 2009, to answer or otherwise respond to Plaintiff's Complaint in the above-captioned matter. Signed by Chief Mag. Judge Raymond L. Erickson on 01/06/2009. (jz) (Entered: 01/06/2009) | |||
| 2009-01-06 | 6 | 0 | RULE 7.1 DISCLOSURE STATEMENT by Horton, Inc. that there is no such parent or publicly held corporation to report. (Attachments: # 1 Certificate of Service)(Zuege, Austen) (Entered: 01/06/2009) | |||
| 2009-01-12 | 7 | 0 | ANSWER to Complaint, COUNTERCLAIM for Declaratory Relief against Horton, Inc. by Kit Masters Inc. (Biegler, Geoff) Modified text on 1/13/2009 (akl). (Entered: 01/12/2009) | |||
| 2009-01-12 | 8 | 0 | RULE 7.1 DISCLOSURE STATEMENT by Kit Masters Inc. that there is no such parent or publicly held corporation to report. (Biegler, Geoff) (Entered: 01/12/2009) | |||
| 2009-01-12 | 9 | 0 | CERTIFICATE OF SERVICE by Kit Masters Inc. re 8 Rule 7.1 - Disclosure Statement, 7 Answer to Complaint, Counterclaim (Biegler, Geoff) (Entered: 01/12/2009) | |||
| 2009-01-15 | 10 | 0 | REPLY to Counterclaim by Horton, Inc. (Attachments: # 1 Certificate of Service) (Zuege, Austen) Modified text on 1/16/2009 (akl). (Entered: 01/15/2009) | |||
| 2009-02-05 | 11 | 0 | LETTER TO DISTRICT JUDGE by Kit Masters Inc. REGARDING REQUEST TO MARK CASES RELATED. (Attachments: # 1 Certificate of Service)(Biegler, Geoff) (Entered: 02/05/2009) | |||
| 2009-02-09 | 12 | 0 | ORDER that 08-cv-6292 JMR/AJB be reassigned to Judge Patrick J. Schiltz and Chief Magistrate Judge Raymond L. Erickson signed by Judge Patrick J. Schiltz on 2/5/09 and Judge James M. Rosenbaum on 2/9/09. (MGV) (Entered: 02/09/2009) | |||
| 2009-02-10 | 13 | 0 | MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination by Kit Masters Inc.. (Biegler, Geoff) (Entered: 02/10/2009) | |||
| 2009-02-10 | 14 | 0 | NOTICE by Kit Masters Inc. re 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination (Biegler, Geoff) (Entered: 02/10/2009) | |||
| 2009-02-10 | 15 | 0 | MEMORANDUM in Support re 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Kit Masters Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Biegler, Geoff) (Entered: 02/10/2009) | |||
| 2009-02-10 | 16 | 0 | Declaration of Geoff D. Biegler in Support of 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Kit Masters Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G, # 8 Exhibit(s) H, # 9 Exhibit(s) I, # 10 Exhibit(s) J, # 11 Exhibit(s) K, # 12 Exhibit(s) L, # 13 Exhibit(s) M, # 14 Exhibit(s) N, # 15 Exhibit(s) O, # 16 Exhibit(s) P, # 17 Exhibit(s) Q)(Biegler, Geoff) (Entered: 02/10/2009) | |||
| 2009-02-10 | 17 | 0 | CERTIFICATE OF SERVICE by Kit Masters Inc. re 15 Memorandum in Support of Motion, 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination, 16 Declaration in Support,, 14 Notice (Other) (Biegler, Geoff) (Entered: 02/10/2009) | |||
| 2009-02-11 | 18 | 0 | NOTICE OF HEARING ON MOTION: No hearing date requested. (Biegler, Geoff) Modified text on 2/12/2009 (akl). (Entered: 02/11/2009) | |||
| 2009-02-12 | 19 | 0 | ORDER re 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Kit Masters Inc. Plaintiff shall submit its memorandum in opposition to the defendants' motions and any supporting affidavits and exhibits, no later than Friday, March 6, 2009. No reply memorandum will be permitted. The memoranda of law shall comply with Local Rule 7.1(c). The Court will consider the matter on the papers submitted and take this matter under advisement as of March 6, 2009. Signed by Judge Patrick J. Schiltz on 2/11/09. (sf) (Entered: 02/12/2009) | |||
| 2009-02-23 | 20 | 0 | NOTICE of Change of Address by Geoff D Biegler (Attachments: # 1 Certificate of Service)(Biegler, Geoff) (Entered: 02/23/2009) | |||
| 2009-03-06 | 21 | 0 | MEMORANDUM in Opposition re 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Horton, Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Zuege, Austen) (Entered: 03/06/2009) | |||
| 2009-03-06 | 22 | 0 | DECLARATION of David R. Hennessy in Opposition to 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Horton, Inc. (Zuege, Austen) (Entered: 03/06/2009) | |||
| 2009-03-06 | 23 | 0 | DECLARATION of Austen P. Zuege in Opposition to 13 MOTION to Consolidate Cases and Stay the Consolidated Case Pending the Completion of Reexamination filed by Horton, Inc. (Attachments: # 1 Exhibit(s) Exhibit Index, # 2 Exhibit(s) Exhibit A, # 3 Exhibit(s) Exhibit B, # 4 Exhibit(s) Exhibit C, # 5 Exhibit(s) Exhibit D, # 6 Exhibit(s) Exhibit E, # 7 Exhibit(s) Exhibit F, # 8 Exhibit(s) Exhibit G, # 9 Exhibit(s) Exhibit H, # 10 Exhibit(s) Exhibit I, # 11 Exhibit(s) Exhibit J, # 12 Exhibit(s) Exhibit K, # 13 Exhibit(s) Exhibit L, # 14 Exhibit(s) Exhibit M, # 15 Exhibit(s) Exhibit N, # 16 Exhibit(s) Exhibit O, # 17 Exhibit(s) Exhibit P, # 18 Exhibit(s) Exhibit Q, # 19 Exhibit(s) Exhibit R, # 20 Exhibit(s) Exhibit S, # 21 Exhibit(s) Exhibit T, # 22 Exhibit(s) Exhibit U, # 23 Exhibit(s) Exhibit V, # 24 Exhibit(s) Exhibit W, # 25 Exhibit(s) Exhibit X, # 26 Exhibit(s) Exhibit Y-1, # 27 Exhibit(s) Exhibit Y-2, # 28 Exhibit(s) Exhibit Z, # 29 Exhibit(s) Exhibit AA, # 30 Exhibit(s) Exhibit BB, # 31 Exhibit(s) Exhibit CC, # 32 Exhibit(s) Exhibit DD, # 33 Exhibit(s) Exhibit EE, # 34 Exhibit(s) Exhibit FF, # 35 Exhibit(s) Exhibit GG, # 36 Exhibit(s) Exhibit HH, # 37 Exhibit(s) Exhibit II, # 38 Exhibit(s) Exhibit JJ, # 39 Exhibit(s) Exhibit KK, # 40 Exhibit(s) Exhibit LL, # 41 Exhibit(s) Exhibit MM, # 42 Exhibit(s) Exhibit NN, # 43 Exhibit(s) Exhibit OO, # 44 Exhibit(s) Exhibit PP, # 45 Exhibit(s) Exhibit QQ, # 46 Exhibit(s) Exhibit RR, # 47 Exhibit(s) Exhibit SS, # 48 Exhibit(s) Exhibit TT, # 49 Exhibit(s) Exhibit UU, # 50 Exhibit(s) Exhibit VV)(Zuege, Austen) (Entered: 03/06/2009) | |||
| 2009-03-06 | 24 | 0 | CERTIFICATE OF SERVICE by Horton, Inc. re 23 Declaration in Opposition, 22 Declaration in Opposition, 21 Memorandum in Opposition to Motion (Zuege, Austen) (Entered: 03/06/2009) | |||
| 2009-04-01 | 25 | 0 | ORDER. IT IS HEREBY ORDERED THAT: 1. The motions of defendants Kit Masters, Inc. and Concepts ETI, Inc. to consolidate case numbers 08-CV-6291 and 08-CV-6292 [Docket No. 13 , Case No. 08-CV-6291; Docket No. 14, Case No. 08-CV-6292] are GRANTED. 2. The motions of defendants Kit Masters, Inc. and Concepts ETI, Inc. to stay the consolidated case [Docket No. 13, Case No. 08-CV-6291; Docket No. 14, Case No. 08-CV-6292] are GRANTED. 3. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, case numbers 08-CV-6291 and 08-CV-6292 are CONSOLIDATED into a single action for all purposes. a. From the date of this order, all documents shall be filed in case number 08-CV-6291 (PJS/RLE). b. The Clerk of Court is directed to close case number 08-CV-6292 (PJS/RLE). 4. Case number 08-CV-6291 is STAYED pending the results of reexamination proceedings in the U.S. Patent and Trademark Office with respect to U.S. Patent No. 5,611,415 and U.S. Patent No. 6,838,796. Signed by Judge Patrick J. Schiltz on 4/1/09. (sf) (Entered: 04/01/2009) | |||
| 2009-04-24 | 26 | 0 | ORDER FOR REASSIGNMENT OF RELATED CASES that 09cv912 is reassigned to Judge Patrick J. Schiltz and Chief Magistrate Judge Raymond L. Erickson. Signed by Judge Patrick J. Schiltz on 4/23/09 and Judge Richard H. Kyle on 4/24/09. (JME) (Entered: 04/24/2009) | |||
| 2009-04-30 | 27 | 0 | MOTION to Dismiss COUNT IV WITHOUT PREJUDICE by Horton, Inc. (Attachments: # 1 Certificate of Service)(Zuege, Austen) (Entered: 04/30/2009) | |||
| 2009-04-30 | 28 | 0 | NOTICE OF HEARING ON MOTION re 27 MOTION to Dismiss: time and date to be determined. (Zuege, Austen) Modified text and link on 5/1/2009 (kt). (Entered: 04/30/2009) | |||
| 2009-05-07 | 29 | 0 | ORDER re 27 MOTION to Dismiss COUNT IV WITHOUT PREJUDICE filed by Horton, Inc. The Court sets the following briefing schedule: 1. Defendants shall file their memorandum in opposition to the plaintiff's motion and any supporting affidavits and exhibits, no later than Friday, May 22, 2009. 2. A reply memorandum, if any, shall be filed by May 29, 2009. 3. The memoranda of law shall comply with Local Rule 7.1(c). 4. The Court will take this matter under advisement as of May 29, 2009. Signed by Judge Patrick J. Schiltz on 5/6/09. (BJS) (Entered: 05/07/2009) | |||
| 2009-05-13 | 30 | 0 | LETTER TO DISTRICT JUDGE by Horton, Inc. re: Notice of Intent To Issue Ex Parte Reexamination Certificate for '415 Patent. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Zuege, Austen) (Entered: 05/13/2009) | |||
| 2009-05-22 | 31 | 0 | MOTION to Stay AND LATER CONSOLIDATE RELATED CASES by Concepts ETI, Inc, Kit Masters Inc. (Biegler, Geoff) Modified text on 5/26/2009 (akl). (Entered: 05/22/2009) | |||
| 2009-05-22 | 32 | 0 | NOTICE by Concepts ETI, Inc, Kit Masters Inc. re 31 MOTION to Stay AND LATER CONSOLIDATE RELATED CASES: No Hearing Date Requested. (Biegler, Geoff) Modified text on 5/26/2009 (akl). (Entered: 05/22/2009) | |||
| 2009-05-22 | 33 | 0 | MEMORANDUM in Opposition re 27 MOTION to Dismiss COUNT IV WITHOUT PREJUDICE AND IN SUPPORT OF DEFENDANTS' MOTION TO STAY AND LATER CONSOLIDATE RELATED CASES 31 filed by Concepts ETI, Inc, Kit Masters Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Biegler, Geoff) Modified text on 5/26/2009 (akl). (Entered: 05/22/2009) | |||
| 2009-05-22 | 34 | 0 | Declaration of Geoff D. Biegler in Support of 33 Memorandum in Opposition to Motion, filed by Concepts ETI, Inc, Kit Masters Inc. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D)(Biegler, Geoff) Modified text on 5/26/2009 (akl). (Entered: 05/22/2009) | |||
| 2009-05-22 | 35 | 0 | CERTIFICATE OF SERVICE by Concepts ETI, Inc, Kit Masters Inc. re 31 MOTION to Stay AND LATER CONSOLIDATE RELATED CASES, 32 Notice (Other), 34 Declaration in Support, 33 Memorandum in Opposition to Motion, (Biegler, Geoff) (Entered: 05/22/2009) | |||
| 2009-05-29 | 36 | 0 | REPLY to Response to Motion re 27 MOTION to Dismiss COUNT IV WITHOUT PREJUDICE, 31 MOTION to Stay AND LATER CONSOLIDATE RELATED CASES filed by Horton, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(Zuege, Austen) (Entered: 05/29/2009) | |||
| 2009-06-05 | 37 | 0 | ORDER. IT IS HEREBY ORDERED THAT: 1.The motion of plaintiff Horton, Inc. in case number 08-CV-6291 (PJS/RLE) to dismiss Count IV without prejudice is [Docket No. 27 ] is GRANTED. a. Count IV is DISMISSED WITHOUT PREJUDICE. b. Concepts ETI's corresponding declaratory-judgment claim with respect to the '719 patent is DISMISSED WITHOUT PREJUDICE. 2. The motion of defendant Kit Masters, Inc. in case number 08-CV-6291 (PJS/RLE) to stay and later consolidate related cases [Docket No. 31 ] is DENIED WITHOUT PREJUDICE. 3. The motion of defendant Kit Masters, Inc. in case number 09-CV-0912 (PJS/RLE) to stay and later consolidate related cases [Docket No. 9] is DENIED WITHOUT PREJUDICE. (Written Opinion). Signed by Judge Patrick J. Schiltz on 6/5/09. (sf) (Entered: 06/05/2009) | |||
| 2009-06-24 | 38 | 0 | LETTER TO DISTRICT JUDGE by Concepts ETI, Inc, Kit Masters Inc. re: Notice that USPTO has granted Defendants' Second Request for Ex Parte Reexamination of the '415 Patent. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Biegler, Geoff) (Entered: 06/24/2009) | |||
| 2009-10-02 | 39 | 0 | LETTER TO DISTRICT JUDGE by Horton, Inc. Re: Reexamination Status. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Certificate of Service)(Zuege, Austen) (Entered: 10/02/2009) | |||
| 2009-10-06 | 40 | 0 | LETTER TO DISTRICT JUDGE in response to letter re status of reexamination proceedings by Concepts ETI, Inc, Kit Masters Inc. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Biegler, Geoff) Modified on 10/7/2009 (kt). (Entered: 10/06/2009) | |||
| 2009-12-07 | 41 | 0 | MOTION for Order to Modify the Stays by Horton, Inc.. (Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-07 | 42 | 0 | NOTICE OF HEARING ON MOTION 41 MOTION for Order to Modify the Stays : Motion Hearing set for 1/21/2010 08:30 AM in Courtroom 7B (STP) before Judge Patrick J. Schiltz. (Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-07 | 43 | 0 | MEMORANDUM in Support re 41 MOTION for Order to Modify the Stays filed by Horton, Inc.. (Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-07 | 44 | 0 | Declaration of Austen P. Zuege in Support of 41 MOTION for Order to Modify the Stays filed by Horton, Inc.. (Attachments: # 1 Exhibit(s) Index, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F, # 8 Exhibit(s) G, # 9 Exhibit(s) H, # 10 Exhibit(s) I, # 11 Exhibit(s) J, # 12 Exhibit(s) K, # 13 Exhibit(s) L, # 14 Exhibit(s) M)(Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-07 | 45 | 0 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Horton, Inc. re 43 Memorandum in Support of Motion filed by Horton, Inc.. (Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-07 | 46 | 0 | CERTIFICATE OF SERVICE by Horton, Inc. re 41 MOTION for Order to Modify the Stays, 44 Declaration in Support, 45 LR7.1 Word Count Compliance Certificate, 42 Notice of Hearing on Motion, 43 Memorandum in Support of Motion (Zuege, Austen) (Entered: 12/07/2009) | |||
| 2009-12-10 | 47 | 0 | ORDER re (41 in 0:08-cv-06291-PJS-RLE) MOTION for Order to Modify the Stays filed by Horton, Inc., and (36 in 0:09-cv-00912-PJS-RLE) MOTION for Order to Modify the Stays filed by Horton, Inc. 1. Defendants shall submit its memoranda in opposition to the plaintiff's motions and any supporting affidavits and exhibits, no later than Wednesday, December 23, 2009. The memoranda of law shall comply with Local Rule 7.1(c). 2. The Court will consider the matter on the papers submitted and take this matter under advisement as of December 23, 2009. The hearing scheduled for January 21, 2010 is canceled. Signed by Judge Patrick J. Schiltz on 12/10/09. (sf) (Entered: 12/10/2009) | |||
| 2009-12-18 | 48 | 0 | RESPONSE in Opposition re 41 MOTION for Order to Modify the Stays filed by Concepts ETI, Inc, Kit Masters Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Biegler, Geoff) (Entered: 12/18/2009) | |||
| 2009-12-18 | 49 | 0 | DECLARATION of Geoff D. Biegler in Opposition to 48 Response in Opposition to Motion filed by Concepts ETI, Inc, Kit Masters Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6, # 7 Exhibit(s) 7, # 8 Exhibit(s) 8, # 9 Exhibit(s) 9, # 10 Exhibit(s) 10)(Biegler, Geoff) (Entered: 12/18/2009) | |||
| 2009-12-18 | 50 | 0 | CERTIFICATE OF SERVICE by Concepts ETI, Inc, Kit Masters Inc. re 48 Response in Opposition to Motion, 49 Declaration in Opposition, (Biegler, Geoff) (Entered: 12/18/2009) | |||
| 2010-01-05 | 51 | 0 | LETTER TO DISTRICT JUDGE by Horton, Inc. Re: Reexamination Status. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Zuege, Austen) (Entered: 01/05/2010) | |||
| 2010-01-14 | 52 | 0 | ORDER denying 41 Motion. Signed by Judge Patrick J. Schiltz on 01/14/10.(bjs) (Entered: 01/14/2010) | |||
| 2010-01-19 | 53 | 0 | MOTION for Order to Partially Lift the Stay by Horton, Inc.. (Zuege, Austen) (Entered: 01/19/2010) | |||
| 2010-01-19 | 54 | 0 | NOTICE OF HEARING ON MOTION 53 MOTION for Order to Partially Lift the Stay : Motion Hearing set for 2/8/2010 08:30 AM in Courtroom 7B (STP) before Judge Patrick J. Schiltz. (Zuege, Austen) (Entered: 01/19/2010) | |||
| 2010-01-19 | 55 | 0 | MEMORANDUM in Support re 53 MOTION for Order to Partially Lift the Stay filed by Horton, Inc.. (Zuege, Austen) (Entered: 01/19/2010) | |||
| 2010-01-19 | 56 | 0 | LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Horton, Inc. re 55 Memorandum in Support of Motion filed by Horton, Inc.. (Zuege, Austen) (Entered: 01/19/2010) | |||
| 2010-01-19 | 57 | 0 | CERTIFICATE OF SERVICE by Horton, Inc. re 53 MOTION for Order to Partially Lift the Stay, 55 Memorandum in Support of Motion, 56 LR7.1 Word Count Compliance Certificate, 54 Notice of Hearing on Motion (Zuege, Austen) (Entered: 01/19/2010) | |||
| 2010-02-01 | 58 | 0 | RESPONSE in Opposition re 53 MOTION for Order to Partially Lift the Stay filed by Concepts ETI, Inc, Kit Masters Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Biegler, Geoff) (Entered: 02/01/2010) | |||
| 2010-02-01 | 59 | 0 | Declaration of Geoff D. Biegler in Support of 58 Response in Opposition to Motion filed by Concepts ETI, Inc, Kit Masters Inc. (Attachments: # 1 Exhibit(s) 1)(Biegler, Geoff) Modified text on 2/2/2010 (akl). (Entered: 02/01/2010) | |||
| 2010-02-01 | 60 | 0 | CERTIFICATE OF SERVICE by Concepts ETI, Inc, Kit Masters Inc. re 59 Declaration in Support, 58 Response in Opposition to Motion (Biegler, Geoff) (Entered: 02/01/2010) | |||
| 2010-02-07 | 61 | 0 | **TEXT ONLY ENTRY** NOTICE of Cancelation of Hearing: Hearing set on Plaintiff Horton, Inc.'s Motion to Partially Lift the Stay 53 that was scheduled for 2/8/10 at 8:30 AM is CANCELLED. The hearing will be rescheduled at a later date. (sf) (Entered: 02/07/2010) | |||
| 2010-02-08 | 62 | 0 | **TEXT ONLY ENTRY** AMENDED NOTICE of Hearing on Motion 53 MOTION for Order to Partially Lift the Stay: Motion Hearing is now set for 2/16/2010 at 01:30 PM in Courtroom 7B (STP) before Judge Patrick J. Schiltz. (sf) (Entered: 02/08/2010) | |||
| 2010-02-16 | 63 | 0 | Minute Entry for proceedings held before Judge Patrick J. Schiltz: Motion Hearing held on 2/16/2010 re 53 MOTION for Order to Partially Lift the Stay filed by Horton, Inc. Matter taken under advisement. Written order will issue. (Court Reporter Debra Beauvais) (sf) (Entered: 02/16/2010) | |||
| 2010-03-08 | 64 | 0 | ORDER denying 53 to partially lift stay. Signed by Judge Patrick J. Schiltz on 03/08/10. (bjs) (Entered: 03/08/2010) | |||
| 2010-03-10 | 65 | 0 | LETTER TO DISTRICT JUDGE by Concepts ETI, Inc, Kit Masters Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Biegler, Geoff) (Entered: 03/10/2010) | |||
| 2010-03-26 | 66 | 0 | Joint MOTION to Dismiss by Concepts ETI, Inc, Horton, Inc.. (Zuege, Austen) (Entered: 03/26/2010) | |||
| 2010-03-26 | 67 | 0 | NOTICE OF HEARING ON MOTION 66 Motion to Dismiss: No Hearing Date Listed. (Attachments: # 1 Certificate of Service)(Zuege, Austen) Modified link and text on 3/29/2010 (akl). (Entered: 03/26/2010) | |||
| 2010-03-26 | 68 | 0 | ORDER OF PARTIAL DISMISSAL granting (66) Motion to Dismiss in case 0:08-cv-06291-PJS-RLE; granting (52) Motion to Dismiss in case 0:09-cv-00912-PJS-RLE. IT IS HEREBY ORDERED that: All claims and counterclaims between Horton, Inc. and Concepts ETI, Inc. are dismissed with prejudice and on the merits, without costs or disbursements to any party. Signed by Judge Patrick J. Schiltz on 3/26/10. Associated Cases: 0:08-cv-06291-PJS-RLE, 0:09-cv-00912-PJS-RLE(sf) (Entered: 03/26/2010) | |||
| 2010-09-01 | 69 | 0 | TEXT-ONLY ENTRY. CLERK'S NOTICE OF REASSIGNMENT. Due to the retirement of Magistrate Judge Erickson, this case is reassigned to Magistrate Judge Leo I. Brisbois. Chief Mag. Judge Raymond L. Erickson no longer assigned to the case. (TSS) (Entered: 09/01/2010) | |||
| 2010-10-21 | 70 | 0 | NOTICE of Filing of Official Transcript. A total of 1 transcripts are associated with this filing. (db) (Entered: 10/21/2010) | |||
| 2010-10-21 | 71 | 0 | TRANSCRIPT of Motions Hearing held on 2/16/2010 before Judge Patrick J. Schiltz. (40 pages). Court Reporter: Debra Beauvais (E-mail: Debra_Beauvais@mnd.uscourts.gov. Telephone: (651) 848-1223). Redaction Request due 11/12/2010. Redacted Transcript Deadline set for 11/22/2010. Release of Transcript Restriction set for 1/19/2011. For information on redaction procedures, please review Local Rule 5.5. (db) (Entered: 10/21/2010) | |||
| 2010-11-23 | 72 | 0 | MOTION to Stay (Partially Lift Stay) by Horton, Inc.. (Zuege, Austen) (Entered: 11/23/2010) | |||
| 2010-11-23 | 73 | 0 | NOTICE OF HEARING ON MOTION 72 Motion to Stay: Date and Time to be Determined. (Zuege, Austen) Modified link and text on 11/24/2010 (akl). (Entered: 11/23/2010) | |||
| 2010-11-23 | 74 | 0 | MEMORANDUM in Support re 72 MOTION to Stay (Partially Lift Stay) filed by Horton, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Zuege, Austen) (Entered: 11/23/2010) | |||
| 2010-11-23 | 75 | 0 | Declaration of Austen Zuege in Support of 72 MOTION to Stay (Partially Lift Stay) filed by Horton, Inc.. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Zuege, Austen) (Entered: 11/23/2010) | |||
| 2010-11-23 | 76 | 0 | CERTIFICATE OF SERVICE by Horton, Inc. re 75 Declaration in Support, 74 Memorandum in Support of Motion, 72 MOTION to Stay (Partially Lift Stay), 73 Notice of Hearing on Motion (Zuege, Austen) (Entered: 11/23/2010) | |||
| 2010-11-24 | 77 | 0 | ORDER - In light of the nature of Horton's motion, the history of the case, and the fact that Kit Masters has new attorneys, IT IS HEREBY ORDERED THAT Kit Masters must serve and file by December 13, 2010 a memorandum of 4,000 words or fewer in response to Horton's motion to partially lift the stay. Unless the Court orders otherwise, Horton will not be permitted to file a reply memorandum, and the Court will not hold a hearing on Horton's motion. Signed by Judge Patrick J. Schiltz on 11/24/10. (bjs) (Entered: 11/24/2010) | |||
| 2010-11-29 | 78 | 0 | NOTICE of Withdrawal as Attorney AND SUBSTITUTION OF COUNSEL (Attachments: # 1 Certificate of Service)(Biegler, Geoff) (Entered: 11/29/2010) | |||
| 2010-12-08 | 79 | 0 | LETTER TO DISTRICT JUDGE by Horton, Inc. RE: COPY OF EX PARTE REEXAMINATION CERTIFICATE. (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Service)(Zuege, Austen) (Entered: 12/08/2010) | |||
| 2010-12-13 | 80 | 0 | MEMORANDUM in Opposition re 72 MOTION to Stay (Partially Lift Stay) filed by Kit Masters Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Wright, Elizabeth) (Entered: 12/13/2010) | |||
| 2010-12-13 | 81 | 0 | CERTIFICATE OF SERVICE by Kit Masters Inc. re 80 Memorandum in Opposition to Motion (Wright, Elizabeth) (Entered: 12/13/2010) | |||
| 2010-12-20 | 82 | 0 | ORDER granting 72 Motion to Stay. The stay is LIFTED with respect to U.S. Patent No. 5,611,415. The stay remains in place with respect to U.S. Patent No. 6,838,796. (Written Opinion). Signed by Judge Patrick J. Schiltz on 12/20/10. (bjs) (Entered: 12/20/2010) | |||
| 2011-01-31 | 83 | 0 | PRETRIAL NOTICE AND ORDER A Pretrial Conference in this matter is set for 11:30 a.m., on Tuesday, March 8, 2011, before United States Magistrate Judge Leo I. Brisbois, in Courtroom 2, United States Courthouse, 118 South Mill Street, Fergus Falls, Minnesota. Signed by Magistrate Judge Leo I. Brisbois on 01/31/2011. (Attachments: # 1 Consent Form)(jz) (Entered: 01/31/2011) | |||
| 2011-03-03 | 84 | 0 | LETTER TO DISTRICT JUDGE and LETTER TO MAGISTRATE JUDGE by Horton, Inc., Kit Masters Inc. Re: Settlement and Pretrial Conference Status. (Zuege, Austen) Modified text on 3/3/2011 (akl). (Entered: 03/03/2011) | |||
| 2011-04-14 | 85 | 0 | STIPULATION of Dismissal with Prejudice by Horton, Inc., Kit Masters Inc. (Liebman, Kenneth) (Entered: 04/14/2011) | |||
| 2011-04-14 | 86 | 0 | CERTIFICATE OF SERVICE ON PROPOSED ORDER by Kit Masters Inc. re 85 Stipulation of Dismissal. (Liebman, Kenneth) (Entered: 04/14/2011) | |||
| 2011-04-15 | 87 | 0 | ORDER DISMISSING CASE. Signed by Judge Patrick J. Schiltz on 4/15/11. (LPH) (Entered: 04/15/2011) |