Case details

Court: mnd
Docket #: 0:08-cv-00248
Case Name: The Toro Company v. Advanced Sensor Technology, Inc.
PACER case #: 96126
Date filed: 2008-01-28
Date terminated: 2008-06-25
Assigned to: Senior Judge David S. Doty
Referred to: Magistrate Judge Susan R. Nelson
Case Cause: 15:1125 Trademark Infringement (Lanham Act)
Nature of Suit: 840 Trademark
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
The Toro Company
Plaintiff
David B. Potter
Oppenheimer Wolff & Donnelly LLP 45 S 7th St Ste 3300 Mpls, MN 55402 612-607-7000 Fax: 612-607-7100 Email: dpotter@oppenheimer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

David A Prange
Oppenheimer Wolff & Donnelly LLP 45 S 7th St Ste 3300 Mpls, MN 55402 612-607-7000 Email: dprange@oppenheimer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward M Laine
Oppenheimer Wolff & Donnelly LLP 45 S 7th St Ste 3300 Mpls, MN 55402 (612) 607-7000 Fax: (612) 607-7100 Email: elaine@oppenheimer.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Advanced Sensor Technology, Inc.
Defendant
Grant D Fairbairn
Fredrikson & Byron, PA 200 S 6th St Ste 4000 Mpls, MN 55402-1425 612-492-7255 Fax: 612-492-7077 Email: gfairbairn@fredlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kurt J Niederluecke
Fredrikson & Byron, PA 200 S 6th St Ste 4000 Mpls, MN 55402-1425 612-492-7000 Fax: 612-492-7077 Email: kniederluecke@fredlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Laura L Myers
Fredrikson & Byron, PA 200 S 6th St Ste 4000 Mpls, MN 55402-1425 612-492-7000 Fax: 612-492-7077 Email: lmyers@fredlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-01-28 1 0 COMPLAINT against Advanced Sensor Technology, Inc. ( Filing fee $ 350 receipt number 40019191.) assigned to Judge David S. Doty per Trademark referred to Magistrate Judge Susan R. Nelson, filed by The Toro Company. (Attachments: # 1 Civil Cover Sheet) (JMH) (Entered: 01/28/2008)
2008-01-28 2 0 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery by The Toro Company. (Prange, David) (Entered: 01/28/2008)
2008-01-28 3 0 NOTICE OF HEARING ON MOTION 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery : (Prange, David) (Entered: 01/28/2008)
2008-01-28 4 0 MEMORANDUM in Support re 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery filed by The Toro Company. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Prange, David) (Entered: 01/28/2008)
2008-01-28 5 0 Declaration of R. Lawrence Buckley in Support of 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery filed by The Toro Company. (Attachments: # 1 Exhibit(s) 1-3)(Prange, David) (Entered: 01/28/2008)
2008-01-28 6 0 Declaration of David A. Prange in Support of 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery filed by The Toro Company. (Attachments: # 1 Exhibit(s) 1-5)(Prange, David) (Entered: 01/28/2008)
2008-01-28 7 0 CERTIFICATE OF SERVICE by The Toro Company re 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery, 5 Declaration in Support, 4 Memorandum in Support of Motion, 3 Notice of Hearing on Motion, 6 Declaration in Support (Prange, David) (Entered: 01/28/2008)
2008-01-28 8 0 CERTIFICATE OF SERVICE by The Toro Company re 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery, 5 Declaration in Support, 4 Memorandum in Support of Motion, 7 Certificate of Service, 1 Complaint, 3 Notice of Hearing on Motion, Summons Issued, 6 Declaration in Support (Prange, David) (Entered: 01/28/2008)
2008-01-30 9 0 SUMMONS Returned Executed by The Toro Company. Advanced Sensor Technology, Inc. served on 1/29/2008, answer due 2/19/2008. (Attachments: # 1 Affidavit of Service)(Prange, David) (Entered: 01/30/2008)
2008-01-30 10 0 AMENDED NOTICE of Hearing on Motion 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery : Motion Hearing set for 3/7/2008 03:00 PM in Minneapolis - Courtroom 9E before Magistrate Judge Susan R. Nelson. (Attachments: # 1 Certificate of Service)(Prange, David) (Entered: 01/30/2008)
2008-02-06 11 0 FIRST AMENDED COMPLAINT against The Toro Company, filed by The Toro Company. (Attachments: # 1 Certificate of Service) (Prange, David) Modified text on 2/6/2008 (dch). (Entered: 02/06/2008) 2010-07-21 12:04:40 ac5514aff1b6a2efb3c6119d4964ca5afbbcce0f
2008-02-14 12 0 RULE 7.1 DISCLOSURE STATEMENT by The Toro Company that there is no such parent or publicly held corporation to report. (Attachments: # 1 Certificate of Service)(Prange, David) (Entered: 02/14/2008)
2008-02-20 13 0 STIPULATED MOTION for Extension of Time to File Answer re 11 Amended Complaint or Otherwise Respond by Advanced Sensor Technology, Inc. (Niederluecke, Kurt) Modified text on 2/21/2008 (dch). (Entered: 02/20/2008)
2008-02-21 14 0 ORDER Defendant shall have until February 29, 2008, to file an Answer or otherwise respond to the Amended Complaint. Signed by Magistrate Judge Susan R. Nelson on 2/21/08. (JMH) (Entered: 02/21/2008)
2008-02-22 15 0 CERTIFICATE OF SERVICE by Advanced Sensor Technology, Inc. re 13 Joint MOTION for Extension of Time to File Answer re 11 Amended Complaint or Otherwise Respond (Niederluecke, Kurt) (Entered: 02/22/2008)
2008-02-28 16 0 NOTICE by The Toro Company re 2 MOTION for Discovery Immediate Hearing and Limited Expedited Discovery Withdrawal of Motion (Attachments: # 1 Certificate of Service)(Prange, David) (Entered: 02/28/2008)
2008-02-29 17 0 MOTION to Dismiss for Lack of Jurisdiction and Indispensable Party by Advanced Sensor Technology, Inc.. (Niederluecke, Kurt) (Entered: 02/29/2008)
2008-03-03 18 0 MOTION to Withdraw 17 MOTION to Dismiss for Lack of Jurisdiction and Indispensable Party Withdrawal of Motion to Dismiss Toro's First Amended Complaint by Advanced Sensor Technology, Inc.. (Niederluecke, Kurt) (Entered: 03/03/2008)
2008-03-03 19 0 CERTIFICATE OF SERVICE by Advanced Sensor Technology, Inc. re 18 MOTION to Withdraw 17 MOTION to Dismiss for Lack of Jurisdiction and Indispensable Party Withdrawal of Motion to Dismiss Toro's First Amended Complaint (Niederluecke, Kurt) (Entered: 03/03/2008)
2008-03-03 20 0 STIPULATION for Protective Order by Advanced Sensor Technology, Inc.. (Niederluecke, Kurt) (Entered: 03/03/2008)
2008-03-03 21 0 CERTIFICATE OF SERVICE by Advanced Sensor Technology, Inc. re 20 Stipulation for Protective Order (Niederluecke, Kurt) (Entered: 03/03/2008)
2008-03-04 22 0 PROTECTIVE ORDER. Signed by Magistrate Judge Susan R. Nelson on 3/4/08. (JMH) (Entered: 03/04/2008)
2008-03-04 23 0 STIPULATION To Amend Pleading and File SEcond Amended Complaint Pursuant to Fed. R. Civ. P. 15(a) by The Toro Company. (Attachments: # 1 Exhibit(s) A)(Prange, David) (Entered: 03/04/2008)
2008-03-05 24 0 ORDER that Plaintiff The Toro Company may serve and file a Second AmendedComplaint. Signed by Magistrate Judge Susan R. Nelson on 3/5/08. (JMH) (Entered: 03/05/2008)
2008-03-05 25 0 SECOND AMENDED COMPLAINT against Advanced Sensor Technology, Inc., filed by The Toro Company. (Attachments: # 1 Certificate of Service) (Prange, David) (Entered: 03/05/2008)
2008-03-07 26 0 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint by Advanced Sensor Technology, Inc.. (Niederluecke, Kurt) (Entered: 03/07/2008)
2008-03-07 27 0 NOTICE OF HEARING ON MOTION 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint : Motion Hearing set for 4/25/2008 10:30 AM in Minneapolis - Courtroom 14W before Senior Judge David S. Doty. (Niederluecke, Kurt) (Entered: 03/07/2008)
2008-03-07 28 0 MEMORANDUM in Support re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint Conventional Filing Place Holder; Memorandum filed under seal filed by Advanced Sensor Technology, Inc.. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Niederluecke, Kurt) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/7/08. (KT) (Entered: 03/07/2008)
2008-03-07 29 0 DECLARATION re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint by Advanced Sensor Technology, Inc. Conventional Filing Place Holder; Declaration of Walter Norley in Support of Defendant's Motion to Dismiss Filed Under Seal. (Niederluecke, Kurt) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 3/7/08. (KT) (Entered: 03/07/2008)
2008-03-07 30 0 RULE 7.1 DISCLOSURE STATEMENT by Advanced Sensor Technology, Inc. that there is no such parent or publicly held corporation to report. (Niederluecke, Kurt) (Entered: 03/07/2008)
2008-03-07 31 0 DECLARATION re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint by Advanced Sensor Technology, Inc. of Kurt J. Niederluecke. (Attachments: # 1 Exhibit(s) A: Declaration of Petite)(Niederluecke, Kurt) (Entered: 03/07/2008)
2008-03-07 32 0 CERTIFICATE OF SERVICE by Advanced Sensor Technology, Inc. re 31 Declaration, 30 Rule 7.1 - Disclosure Statement, 28 Memorandum in Support of Motion, 29 Declaration, 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint, 27 Notice of Hearing on Motion, (Niederluecke, Kurt) (Entered: 03/07/2008)
2008-04-07 33 0 MEMORANDUM in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint filed by all plaintiffs. (Prange, David) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/7/08. (KT) (Entered: 04/07/2008)
2008-04-07 34 0 LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by all plaintiffs re 33 Memorandum in Opposition to Motion filed by all plaintiffs. (Prange, David) (Entered: 04/07/2008)
2008-04-07 35 0 Declaration of David A. Prange in Support of 33 Memorandum in Opposition to Motion filed by The Toro Company. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E Placecard Holder, # 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) P, # 16 Exhibit(s) Q, # 17 Exhibit(s) R)(Prange, David) SEALED DOCUMENT RECEIVED IN CLERK'S OFFICE ON 4/7/08. (KT) (Entered: 04/07/2008)
2008-04-07 36 0 Declaration of Buckley in Support of 33 Memorandum in Opposition to Motion filed by The Toro Company. (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, # 11 Exhibit(s) 11)(Prange, David) (Entered: 04/07/2008)
2008-04-07 37 0 CERTIFICATE OF SERVICE by The Toro Company re 34 LR7.1 Word Count Compliance Certificate, 35 Declaration in Support,, 33 Memorandum in Opposition to Motion, 36 Declaration in Support, (Prange, David) (Entered: 04/07/2008)
2008-04-14 38 0 REPLY to Response to Motion re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint filed by Advanced Sensor Technology, Inc. (Attachments: # 1 LR7.1 Word Count Compliance Certificate)(Niederluecke, Kurt) (Entered: 04/14/2008)
2008-04-14 39 0 Supplemental Declaration of Kurt J. Niederluecke in Support of 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint filed by Advanced Sensor Technology, Inc. (Attachments: # 1 Exhibit(s) Exhibit A, # 2 Exhibit(s) Exhibit B)(Niederluecke, Kurt) (Entered: 04/14/2008)
2008-04-15 40 0 CERTIFICATE OF SERVICE by Advanced Sensor Technology, Inc. re 39 Declaration in Support, 38 Reply to Response to Motion, (Niederluecke, Kurt) (Entered: 04/15/2008)
2008-04-25 41 0 TEXT ONLY ENTRY - Minute Entry for proceedings held before Senior Judge David S. Doty: Motion Hearing held on 4/25/2008 re 26 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Second Amended Complaint filed by Advanced Sensor Technology, Inc. - argued and taken under advisement. Order forthcoming. (Court Reporter Lorilee Fink) (CLB) (Entered: 04/25/2008)
2008-05-06 42 0 TRANSCRIPT of Motion to Dismiss held on 4/25/08 before Judge David S. Doty. Court Reporter: Lorilee K. Fink. (33pgs) FILED CONVENTIONALLY (akl) (Entered: 05/06/2008)
2008-06-25 43 0 ORDER granting 26 Motion to Dismiss for Lack of Jurisdiction (Written Opinion). Signed by Senior Judge David S. Doty on 6/25/2008. (PJM) (Entered: 06/25/2008)
2008-06-25 44 0 JUDGMENT (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(LPH) (Entered: 06/25/2008)