| Court: | ohnd |
| Docket #: | 4:95-cv-01399 |
| Case Name: | Margaritis v. Liberty Maintenance, et al |
| PACER case #: | 88095 |
| Date filed: | 1995-06-22 |
| Date terminated: | 1997-01-02 |
| Assigned to: | Judge David D. Dowd, Jr |
| Case Cause: | 28:1338 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Nicholas Margaritis Plaintiff |
David E. Sweitzer Laurence I. Fox |
| Liberty Maintenance, Inc. Defendant |
Edwin L. Skeens John C. McDonald |
| Ohio Department of Transportation Defendant |
Christine Emch Thompson Lauren M. Ross |
| Donald A Rowe Neutral TERMINATED: 11/06/1996 |
|
| Ohio Department of Transportation Cross-Claimant |
Christine Emch Thompson Lauren M. Ross |
| Liberty Maintenance, Inc. Cross Defendant |
|
| Ohio Department of Transportation 3rd Party Plaintiff |
Christine Emch Thompson Lauren M. Ross |
| Ohio Casualty Insurance Company 3rd Pty Defendant |
Edwin L. Skeens |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1995-06-22 | 1 | 0 | COMPLAINT ( Service: summons issd, magistrate consent form issd). ( 6 pgs + exh) (Gwin,James) (Entered: 06/22/1995) | |||
| 1995-06-22 | 2 | 0 | CIS filed by plaintiff Nicholas Margaritis . Recommended Track: Standard ( 2 pgs) (Gwin,James) (Entered: 06/22/1995) | |||
| 1995-07-19 | 3 | 0 | RETURN OF SERVICE executed upon OH Dept of Trans by pers srv upon Nancy McKnabb (secy) on 6/30/95 (2 pgs). (S,A A.) (Entered: 07/19/1995) | |||
| 1995-07-19 | 4 | 0 | RETURN OF SERVICE executed upon Liberty Maintenance by pers srv upon Christine Frangos (secy) on 7/7/95 (2 pgs). (S,A A.) (Entered: 07/19/1995) | |||
| 1995-07-20 | 5 | 0 | ANSWER to complaint [1-1] and CROSSCLAIM by defendant OH Dept of Trans against defendant Liberty Maintenance ( 4 pgs) (S,J) (Entered: 07/21/1995) | |||
| 1995-07-20 | 6 | 0 | THIRD-PARTY COMPLAINT: by defendant OH Dept of Trans against Ohio Casualty Ins Co ( 4+exh pgs) 3dpty summons(es) issued: 7/20/95 (S,J) (Entered: 07/21/1995) | |||
| 1995-07-26 | 7 | 0 | ANSWER to Complaint by defendant Liberty Maintenance. (6 pgs) (R,J A) (Entered: 07/26/1995) | |||
| 1995-07-28 | 8 | 0 | ANSWER by cross-defendant Liberty Maintenance to Crossclaim of OH Dept of Transportation [5-2]. (3 pgs) (R,J A) (Entered: 07/28/1995) | |||
| 1995-08-08 | 9 | 0 | CASE MANAGEMENT CONFERENCE scheduling order. case managment conference sched for 8:00 a.m. on 8/25/95 ; track recommendation: standard. (issued on 8/8/95) ( 7 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 08/08/1995) | |||
| 1995-08-17 | 10 | 0 | ANSWER by third-party defendant Ohio Casualty Ins Co to Third Party Complaint of OH Dept of Transportation. (3 pgs) (R,J A) (Entered: 08/17/1995) | |||
| 1995-08-17 | 11 | 0 | RETURN OF SERVICE (2) executed upon Ohio Casualty Ins Co (at Hamilton, OH & Westlake, OH) by cert mail on 7/27/95 & 7/28/95. Fees: $7.34. (4 pgs) (R,J A) (Entered: 08/17/1995) | |||
| 1995-08-18 | 12 | 0 | ORDER: Case managment conference resched for 12:30 p.m. on 9/5/95 ; The court received a facsimile of dft Ohio Dept of Transportation's mot for cont of CMC; however, the orig has not been received. (issued on 8/18/95) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 08/18/1995) | |||
| 1995-08-21 | 13 | 0 | MOTION by dft OH Dept of Trans to cont CMC w/memo. (2 pgs) (M,F) (Entered: 08/21/1995) | |||
| 1995-08-28 | 14 | 0 | MOTION by dft OH Dept of Trans for attorney Christine M. Emch to appear pro hac vice . (2 pgs) (M,F) (Entered: 08/28/1995) | |||
| 1995-08-28 | 15 | 0 | MOTION by pltf for atty Laurence I. Fox to appear pro hac vice (2 pgs). (S,A A.) (Entered: 08/28/1995) | |||
| 1995-08-31 | 16 | 0 | DISCOVERY PLAN RE: FRCP 26 of ptys. (3 pgs) (M,F) (Entered: 08/31/1995) | |||
| 1995-09-01 | 17 | 0 | MOTION by defendant cross-claimant OH Dept of Trans to consolidate cases 4:95cv1085, Judge Manos & 4:95cv1478, Judge White w/this case w/memo. (7 pgs) (R,J A) (Entered: 09/01/1995) | |||
| 1995-09-01 | 18 | 0 | MOTION by deft/3rd pty pltf to consolidate cases 4:95cv1085, 4:95cv1399 & 4:95cv1478 ( 7 pgs) (M,J A A) (Entered: 09/01/1995) | |||
| 1995-09-07 | 19 | 0 | CASE MANAGMENT PLAN/ORDER: Track Designation: standard ; case managment conference held at 12:30 p.m. on 9/5/95; voluntary disclosure of disc to be completef by 9/20/95; discovery to be complete 3/25/96; Mtn filing ddl 4/25/96; status hearing at 12:00 noon on 12/15/95 when tr date will be determined . (issued on 9/7/95) (3 pgs) Judge David D. Dowd Jr. (R,J A) (Entered: 09/07/1995) | |||
| 1995-09-07 | 20 | 0 | NOTICE of hearing in room 588 before Hon. David D. Dowd, Jr. sched telephone status conf at 12:00 noon on 12/15/95 . (issued on 9/7/95) (1 pg) (R,J A) (Entered: 09/07/1995) | |||
| 1995-09-18 | 21 | 0 | MEMORANDUM by defendant Liberty Maintenance in partial opposition to motion to consolidate [18-1] [17-1]. (5 pgs) (R,J A) (Entered: 09/18/1995) | |||
| 1995-09-18 | 22 | 0 | MEMORANDUM by defendant Liberty Maintenance in partial opposition to motion to consolidate cases 4:95cv1085, 4:95cv1399 & 4:95cv1478 [18-1] [17-1] ( 5 pgs) (S,J) (Entered: 09/19/1995) | |||
| 1995-10-06 | 23 | 0 | MOTION by dft OH Dept of Trans to reassign case to Judge Manos ( 3 pgs) (P,S) (Entered: 10/06/1995) | |||
| 1995-10-11 | 24 | 0 | ORDER: denying dft Ohio Dept of Transportation's mot to reassign case to Judge Manos [23-1]; FURTHER, denying dft/3rd pty pla's mots to consolidate cases 4:95cv1085, 4:95cv1399 & 4:95cv1478 [18-1] & [17-1] (issued on 10/11/95) (2 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 10/12/1995) | |||
| 1995-12-12 | 25 | 0 | ORDER: Stat conf resched for 12:30 p.m. on 12/26/95 ; the court will conduct the stat conf by phone. (issued on 12/12/95) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 12/12/1995) | |||
| 1995-12-20 | 26 | 0 | ORDER: Telephonic stat conf resched to 9:00 a.m. on 12/26/95 . (issued on 12/20/95) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 12/21/1995) | |||
| 1995-12-27 | 27 | 0 | ORDER: Stat conf held 12/26/95; disc to be complete 3/25/96; Mtn filing ddl 4/26/96; jury trial sched for 7/29/96 on 2-week standby ; the court indicated it would favorably consider a timely joint req for mediation & would adjust ddls accordingly. (issued on 12/27/95) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 12/28/1995) | |||
| 1995-12-27 | 28 | 0 | TRIAL ORDER: Jury tr sched for 7/29/96 on 2-week standby; proposed stip due 7/15/96; proposed additions, deletions or objs due 7/22/96; final stip due 7/29/96; disc to be complete 3/25/96; Mtn filing ddl 4/26/96; resp due 5/3/96; replies due 5/10/96 . (issued on 12/27/95) (6 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 12/28/1995) | |||
| 1996-03-14 | 29 | 0 | MOTION by pla Nicholas Margaritis & dfts Liberty Maintenance & OH Dept of Trans to extend disc ddl until 5/30/96 w/memo. (5 pgs) (M,F) (Entered: 03/14/1996) | |||
| 1996-03-15 | 30 | 0 | ORDER granting parties' motion to extend disc ddl until 5/30/96 [29-1]; disp mot filing ddl 5/10/96; resps due 5/24/96 & replies 5/26/96; parties will have to complete that part of disc necessary to supp of defend a mot for SJ; status conf sched 12:00 noon on 7/11/96 . (issued on 3/18/96) (2 pgs) Judge David D. Dowd Jr. (R,J A) (Entered: 03/18/1996) | |||
| 1996-05-10 | 31 | 0 | MOTION by deft OH Dept of Trans for SJ ( attach & 6 pgs) (H,D) (Entered: 05/10/1996) | |||
| 1996-05-23 | 32 | 0 | AFFIDAVIT of Nicholas Margaritis regarding mot by deft OH Dept of Trans for SJ AND [31-1] ( 8 pgs) (H,D) (Entered: 05/23/1996) | |||
| 1996-06-13 | 33 | 0 | MEMORANDUM OPINION denying dft OH Dept of Transportation's motion for SJ [31-1]. (issued on 6/13/96) (2 pgs) Judge David D. Dowd Jr. (R,J A) (Entered: 06/13/1996) | |||
| 1996-07-03 | 34 | 0 | ORDER: Upon oral mot by ptys, jury trial cont to 10/28/96 on 2-week standby ; All other dates in the tr ord shall be adjusted by counsel to correspond with the new tr date; The 7/11/96 stat conf is cont until fur ord of the court. (issued on 7/3/96) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 07/05/1996) | |||
| 1996-07-25 | 35 | 0 | NOTICE by defendant Liberty Maintenance of taking deposition of Richard L. Miller on 8/6/96 ( 4 pgs) (P,J) (Entered: 07/25/1996) | |||
| 1996-07-25 | 36 | 0 | NOTICE by defendant Liberty Maintenance of taking deposition of Richard G. Stephens on 8/5/96 ( 4 pgs) (P,J) (Entered: 07/25/1996) | |||
| 1996-07-25 | 37 | 0 | NOTICE by defendant Liberty Maintenance of taking deposition of Charles S. McGuire on 8/5/96 ( 4 pgs) (P,J) (Entered: 07/25/1996) | |||
| 1996-07-31 | 38 | 0 | NOTICE by defendant Liberty Maintenance of records deposition of Mike Boubaris or custodian of records, Amherst Painting Inc on 8/12/96 at 9:00 a.m. (2 pgs) (R,J A) (Entered: 07/31/1996) | |||
| 1996-08-22 | 39 | 0 | NOTICE of status conf sched for 12:30 p.m. on 9/19/96 in room 588 before Hon. David D. Dowd, Jr. (issued on 8/22/96) (1 pg) (M,F) (Entered: 08/23/1996) | |||
| 1996-09-19 | 40 | 0 | ORDER: Status hearing held 9/19/96 ; Pla has lv until 9/30/96 to file a mot in limine seeking to prevent the testimony of dft's expert; Dft shall resp by 10/7/96; If the ptys jointly req mediation in writing by 9/24/96, the court will cont the tr & arrange for the mediation; Otherwise the tr will probably begin on 10/28/96; The court may, if needed, conduct back-to-back trials (one in the morning & one in the afternoon) & it may decide to put this case "on the clock," limiting the time for presentation of evidence. (issued on 9/20/96) (2 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 09/20/1996) | |||
| 1996-09-25 | 41 | 0 | SUBPOENA returned. Issued on behalf of Liberty Maintenance. Served personally on Neil Talbert, President, on behalf of Hico, Inc. on 9/5/96. No fees. (2 pgs) (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-25 | 42 | 0 | SUBPOENA returned. Issued on behalf of Liberty Maintenance. Served personally on Laurie A. Kauffman, officer mgr on behalf of Corcon, Inc. on 9/5/96. No fees. (3 pgs) (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-25 | 43 | 0 | SUBPOENA returned. Issued on behalf of Liberty Maintenance. Served personally on Dick Burgee, office clerk, on behalf of Klicos Painting Co on 9/6/96. No fees. (3 pgs) (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-25 | 44 | 0 | SUBPOENA returned. Issued on behalf of Liberty Maintenance. Served personally Jim Kang on behalf of Conomos Mgt on 9/5/96. No fees. (3 pgs) (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-25 | 45 | 0 | SUBPOENA returned. Issued on behalf of Liberty Maintenance. Served personally on James A. Gosien as counsel for E&E Contrctors, Inc. on 9/16/96. No fees. (3 pgs) (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-25 | 46 | 0 | ORDER referring case to Mediation to begin not before 10/11/96 & be concluded by 11/8/96 ; in event mediation is unsuccessful jury trial to commence 12/30/96 for one-wk period ; previous tr ord shall apply to new tr date w/modifications of dates for stip consistent w/new tr date of 12/30/96. (issued on 9/25/96) (2 pgs) Judge David D. Dowd Jr. (R,J A) (Entered: 09/25/1996) | |||
| 1996-09-30 | 47 | 0 | MOTION by pla in limine to preclude the testimony of Michael O. Warnecke as an expert legal witn w/memo & exhs. (58 pgs) (M,F) (Entered: 09/30/1996) | |||
| 1996-10-07 | 48 | 0 | MEMORANDUM by dft Liberty Maintenance in opposition to motion by pla in limine to preclude the testimony of Michael O. Warnecke as an expert legal witn w/attachs [47-1]. (35 pgs) (M,F) (Entered: 10/07/1996) | |||
| 1996-10-07 | 49 | 0 | NOTICE by dft Liberty Maintenance of filing depos of Michael O. Warnecke w/exhs & Stavro Semanderes w/exhs. (2 pgs) (M,F) (Entered: 10/07/1996) | |||
| 1996-10-07 | 50 | 0 | DEPOSITION of Michael O. Warnecke taken on 6/28/96 at 9:35 a.m. on behalf of: pla. Fees: $0.00. (Depo 160, Exhs 183 pgs) (M,F) (Entered: 10/07/1996) | |||
| 1996-10-07 | 51 | 0 | DEPOSITION (Stenographic Minutes of Examination before Trial) of non-pty witn Stavro N. Semanderes taken on 7/9/96 at 11:45 p.m. on behalf of: ptys. Fees: $0.00. (84 pgs) (M,F) (Entered: 10/07/1996) | |||
| 1996-10-31 | 52 | 0 | NOTICE by defendant Liberty Maintenance of taking deposition of Mark D. Goldsmith on 11/15/96 at 9:00 a.m. (4 pgs) (M,F) (Entered: 10/31/1996) | |||
| 1996-10-31 | 53 | 0 | NOTICE by defendant Liberty Maintenance of taking deposition of Records Custodian of Gabriel & Sciacca, CPAs on 11/15/96 at 9:00 a.m. (4 pgs) (M,F) (Entered: 10/31/1996) | |||
| 1996-11-12 | 54 | 0 | ORDER: Stat conf by phone sched for 9:00 a.m. on 11/15/96 . (issued on 11/12/96) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 11/13/1996) | |||
| 1996-11-15 | 55 | 0 | ORDER: Telephonic stat conf held 11/15/96; Bench trial to begin at 8:00 a.m. on 12/30/96; on 12/31/96 tr shall commence at 8:00 a.m. & shall recess at 3:00 p.m.; Tr shall resume at 1:00 p.m. on 1/2/97 . (issued on 11/15/96) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 11/18/1996) | |||
| 1996-11-18 | 56 | 0 | MEMORANDUM OPINION AND ORDER: denying motion by pla in limine to exclude the testimony of Michael O. Warnecke as an expert legal witn [47-1]; FURTHER, the court will allow the pla lv to call an expert witn w/similar qualifications to Warnecke; FURTHER, if the pla chooses to do so, it must provide to defense counsel by 12/6/96 the identity of the witn & a stmt of the witn's opinion; FURTHER, if the pla identifies such a witn, the pla must produce that witn for a disc depo, at the dft's cost, to be completed by 12/23/96. (issued on 11/19/96) (4 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 11/19/1996) | |||
| 1996-11-18 | 57 | 0 | ORDER: Bench tr to begin on 12/30/96; Each side will be permitted 450 min for exam & cross-exam of witns; Opening stmts & closing args are excluded from this calculation; After a pty has used 75% of its allotted time, it may move the court for an addl 60 min upon a showing of good cause; The court will keep track of time & will provide a list of remaining min for each pty at the outset of each tr day. (issued on 11/19/96) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 11/19/1996) | |||
| 1997-01-02 | 58 | 0 | ORDER: Upon representation of counsel that the case has been settl, the case is settl & dism w/o prej; FURTHER, each pty is to bear its own costs; FURTHER, any subsequent ord setting forth different terms & conds relative to the settl & dism of this case shall supersede this ord. dismissing case (issued on 1/2/97) (1 pg) Judge David D. Dowd Jr. (M,F) (Entered: 01/02/1997) | |||
| 1997-01-24 | 59 | 0 | AGREED Entry of Dism and ORDER: By agreement of the ptys, this action, & all of the claims by the ptys in this action are dism w/prej; FURTHER, the ptys have entered into the stip attached as Exh A (see ord for details). (issued on 1/24/97) (8 pgs) Judge David D. Dowd Jr. (M,F) (Entered: 01/27/1997) |