| Court: | ord |
| Docket #: | 3:11-cv-00349 |
| Case Name: | Whitewater West Industries LTD v. International Play Company, Inc. |
| PACER case #: | 101985 |
| Date filed: | 2011-03-21 |
| Date terminated: | 2012-01-26 |
| Assigned to: | Magistrate Judge John V. Acosta |
| Case Cause: | 15:1126 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Whitewater West Industries LTD Plaintiff |
Colin R. Higgins William S. O'Hare Gerda M. Roy J. Rick Tache Julianne Ross Davis Parna A. Mehrbani |
| International Play Company, Inc. Defendant |
Klaus H. Hamm Stephen J. Joncus |
| International Play Company, Inc. Counter Claimant |
Stephen J. Joncus |
| Whitewater West Industries LTD Counter Defendant |
Colin R. Higgins William S. O'Hare Gerda M. Roy J. Rick Tache Julianne Ross Davis Parna A. Mehrbani |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2011-03-21 | 1 | 0 | Complaint. Filing Fee in amount of $350 collected. Receipt No. 39422. Jury Trial Requested: Yes.Filed by Whitewater West Industries LTD against International Play Company, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet) (sd) (Entered: 03/23/2011) | |||
| 2011-03-21 | 2 | 0 | Discovery and Pretrial Scheduling Order and Notice of Case Assignment to Magistrate Judge John V. Acosta. Discovery is to be completed by 7/19/2011. Joint Alternate Dispute Resolution Report is due by 8/18/2011. Pretrial Order is due by 8/18/2011. Ordered by Magistrate Judge John V. Acosta. (sd) (Entered: 03/23/2011) | |||
| 2011-03-23 | 3 | 0 | Patent Report: This report is submitted pursuant to Title 35 Section 290 USC which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (sd) (Main Document 3 replaced on 1/13/2012) (sm). (Entered: 03/23/2011) | |||
| 2011-03-24 | 4 | 0 | Motion for Leave to Appear Pro Hac Vice (filed as "Application for Special Admission of Gerda M. Roy - Pro Hac Vice"). Filed by Whitewater West Industries LTD. (Davis, Julianne) (Entered: 03/24/2011) | |||
| 2011-03-24 | 5 | 0 | Motion for Leave to Appear Pro Hac Vice (filed as "Application for Special Admission of J. Rick Tache - Pro Hac Vice"). Filed by Whitewater West Industries LTD. (Davis, Julianne) (Entered: 03/24/2011) | |||
| 2011-03-24 | 6 | 0 | Corporate Disclosure Statement. Filed by Whitewater West Industries LTD. (Davis, Julianne) (Entered: 03/24/2011) | |||
| 2011-03-21 | 7 | 0 | Summons Issued as to International Play Company, Inc. (sd) (Entered: 03/28/2011) | |||
| 2011-03-30 | 8 | 0 | Order - Granting Application for Special Admission Pro Hac Vice of Gerda M. Roy for Whitewater West Industries LTD. Application Fee in amount of $100 collected. Receipt No. 39512 issued. Signed on 3/30/2011 by Magistrate Judge John V. Acosta. (ecp) (Entered: 03/31/2011) | |||
| 2011-03-30 | 9 | 0 | Order - Granting Application for Special Admission Pro Hac Vice of J. Rick Tache for Whitewater West Industries LTD. Application Fee in amount of $100 collected. Receipt No. 39513 issued. Signed on 3/30/2011 by Magistrate Judge John V. Acosta. (ecp) (Entered: 03/31/2011) | |||
| 2011-04-25 | 10 | 0 | Joint Notice of Waiver of Service of Summons Returned Executed by International Play Company, Inc. waiver sent on 4/18/2011. Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 04/25/2011) | |||
| 2011-04-25 | 11 | 0 | Summons Returned Executed. Executed as per Joint Notice of Waiver of Service Under FRCP 4(d)4 [Dkt #10] Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 04/25/2011) | |||
| 2011-04-29 | 12 | 0 | Notice of Appearance of Stephen J. Joncus appearing on behalf of International Play Company, Inc. Filed by on behalf of International Play Company, Inc. (Joncus, Stephen) (Entered: 04/29/2011) | |||
| 2011-05-10 | 13 | 0 | Joint Motion to Vacate the Standard Discovery and Pretrial Scheduling Order and to Reset the Time to Hold Fed. R. Civ. P. 26(f) Conference. Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 05/10/2011) | |||
| 2011-05-11 | 14 | 0 | ORDER by Judge Acosta - GRANTING the parties' joint motion 13 to vacate the standard discovery and pretrial scheduling order and to reset the time allowed in which to hold the FRCP 26(f) Conference to on or before 7/7/11. It is further ORDERED that the parties are to submit within 10 days of their Rule 26 Conference a joint motion for setting new case management deadlines or contact courtroom deputy, Paul Gale in order to set a telephone Rule 16 Conference. (peg) (Entered: 05/11/2011) | |||
| 2011-06-03 | 15 | 0 | First Amended Complaint for Patent Infringement.Filed by Whitewater West Industries LTD against International Play Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Davis, Julianne) (Entered: 06/03/2011) | |||
| 2011-06-06 | 16 | 0 | Patent Report: This report is submitted pursuant to Title 35 Section 290 USC which requires the clerks of the courts of the United States, within one month after the filing of an action under this title shall give notice thereof in writing to the Commissioner, setting forth so far as known the names and addresses of the parties, name of the inventor, and the designating number of the patent upon which the action has been brought. (Attachments: # 1 Amended Complaint) (sd) (Entered: 06/06/2011) | |||
| 2011-06-17 | 17 | 0 | Joint Motion to Continue Deadline to Hold FRCP 26(F) Conference. Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 06/17/2011) | |||
| 2011-06-20 | 18 | 0 | ORDER by Judge Acosta - GRANTING joint motion 17 to extend time to 7/15/11, for the parties to hold their FRCP 26(f) conference. Parties will file within 10 days fo their conference a joint motion regarding setting a new case management schedule for the court's consideration or contact the courtroom deputy to schedule a Rule 16 conference. (peg) (Entered: 06/20/2011) | |||
| 2011-06-20 | 19 | 0 | Answer to 15 Amended Complaint, with Jury Demand, Counterclaim for Declaratory Judgment Whitewater West Industries LTD. Filed by International Play Company, Inc.. (Joncus, Stephen) (Entered: 06/20/2011) | |||
| 2011-06-23 | 20 | 0 | SCHEDULING ORDER by Judge Acosta - SETTING an IN-PERSON Rule 16 Conference for Tuesday, July 19, 2011, at 9:15AM, in Judge Acosta's chambers on the 11th Floor of the Mark Hatfield US Courthouse, 1000 SW Third Ave., Portland, Oregon. Out of area/district counsel may appear by telephone and the courtroom deputy, Paul Gale, will place the call to those attorneys on the morning of the conference. (peg) (Entered: 06/23/2011) | |||
| 2011-06-29 | 21 | 0 | Demand for Jury Trial by Whitewater West Industries LTD. Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 06/29/2011) | |||
| 2011-07-08 | 22 | 0 | Answer to 19 Answer to Amended Complaint, Counterclaim with Jury Demand (Answer to Defendant's Counterclaims). Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 07/08/2011) | |||
| 2011-07-15 | 23 | 0 | Notice of Appearance of Klaus H. Hamm appearing on behalf of International Play Company, Inc. Filed by on behalf of International Play Company, Inc. (Hamm, Klaus) (Entered: 07/15/2011) | |||
| 2011-07-18 | 24 | 0 | Motion For A Customized Discovery Order. Filed by International Play Company, Inc.. (Joncus, Stephen) (Entered: 07/18/2011) | |||
| 2011-07-18 | 25 | 0 | Memorandum in Support Of A Customized Discovery Order. Filed by International Play Company, Inc.. (Related document(s): Motion - Miscellaneous 24 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Joncus, Stephen) (Entered: 07/18/2011) | |||
| 2011-07-18 | 26 | 0 | Declaration of Franco Aquila For A Customized Discovery Order. Filed by International Play Company, Inc.. (Related document(s): Motion - Miscellaneous 24 .) (Joncus, Stephen) (Entered: 07/18/2011) | |||
| 2011-07-19 | 27 | 0 | MINUTES of Proceedings: Rule 16 Conference held by Judge Acosta. ORDER: DENYING defendant's motion for a customized discovery order 24 . ORDER - The Court SETS the following schedule: (1) Discovery to be completed by 1/19/12; (2) By 10/19/11 Plaintiff to notify defendant of infringement contentions; (3) By 10/28/11, Parties to exchange claim terms; (4) By 11/18/11, Defendant to notify plaintiff of invalidity contentions; (5) By 12/13/11, parties to exchange proposed claim construction; (6) Parties to file simultaneous claim construction briefs on or before 1/30/12; (7) Simultaneous responsive briefs due no later than 2/21/12; (8) Markman Hearing set for Tuesday, March 27, 2012, at 9:00AM, in Courtroom 11B; (9) Counsel to contact courtroom deputy, Paul Gale by 7/29/11, regarding consent to jurisdiction by a U.S. Magistrate Judge in this matter. If counsel believe this order does not accurately reflect the dates and tasks set at Rule 16 Conference, they are to confer and contact courtroom deputy Paul Gale, at 503.326.8056, no later than 10 days from the date of this order to request such corrections. Rick Tache, Julianne Ross Davis present as counsel for plaintiff. Klaus Hamm, Stephen Joncas present as counsel for defendant. (Court Reporter None.) (peg) (Entered: 07/19/2011) | |||
| 2011-07-20 | 28 | 0 | ORDER of ADDENDUM to Minutes of Proceedings 27 regarding the Rule 16 Conference held on 7/19/11 - (1) Plaintiff's disclosure of asserted claims due no later than 7/29/11; (2) SETTING an 8-9 day Jury Trial to begin on Monday, March 18, 2013, to begin at 9:00AM, in Courtroom 11B before US Magistrate Judge John V. Acosta. (peg) (Entered: 07/20/2011) | |||
| 2011-07-21 | 29 | 0 | Notice of Appearance of Parna A. Mehrbani appearing on behalf of Whitewater West Industries LTD Filed by on behalf of Whitewater West Industries LTD (Mehrbani, Parna) (Entered: 07/21/2011) | |||
| 2011-08-02 | 30 | 0 | Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (sd) (Entered: 08/03/2011) | |||
| 2011-08-11 | 31 | 0 | ORDER by Judge Acosta - The parties have proposed to the court and the court agrees to a date of 6/12/12, by which the parties are to complete the exchange of rebuttal expert reports. (peg) (Entered: 08/11/2011) | |||
| 2011-08-18 | 32 | 0 | Joint ADR Report . Filed by Whitewater West Industries LTD.(Roy, Gerda) (Entered: 08/18/2011) | |||
| 2011-08-30 | 33 | 0 | Motion for Leave to Appear Pro Hac Vice(filed as "Application for Special Admission of Colin R. Higgins - Pro Hac Vice"). Filed by Whitewater West Industries LTD. (Davis, Julianne) (Entered: 08/30/2011) | |||
| 2011-08-30 | 34 | 0 | Motion for Leave to Appear Pro Hac Vice(filed as "Application for Special Admission of William S. O'Hare - Pro Hac Vice"). Filed by Whitewater West Industries LTD. (Davis, Julianne) (Entered: 08/30/2011) | |||
| 2011-08-31 | 35 | 0 | Order Granting Application for Special Admission Pro Hac Vice of William S. O'Hare for Whitewater West Industries LTD. Application Fee in amount of $100 collected. Receipt No. 42404 issued. Signed on August 30th, 2011 by Magistrate Judge John V. Acosta. (eo) (Entered: 09/01/2011) | |||
| 2011-08-31 | 36 | 0 | Order Granting Application for Special Admission Pro Hac Vice of Colin R. Higgins for Whitewater West Industries LTD. Application Fee in amount of $100 collected. Receipt No. 42405 issued. Signed on August 30th, 2011 by Magistrate Judge John V. Acosta. (eo) (Entered: 09/01/2011) | |||
| 2011-09-02 | 37 | 0 | Order - Setting a Settlement Conference for 10/19/2011 at 9:00AM in Courtroom 13B before Judge Michael H. Simon. Formal order to follow regarding submissions to the court prior to the settlement conference. Ordered by U.S. District Judge Michael H. Simon, (mja) (Entered: 09/02/2011) | |||
| 2011-09-02 | 38 | 0 | Order - Requiring settlement submissions by 5:00 p.m. on 10/12/2011. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/02/2011) | |||
| 2011-09-21 | 39 | 0 | Order - Due to a conflict in the Court's schedule, the Court is resetting the TIME set for the Settlement Conference from 10/19/2011 at 9:00AM to 10/19/2011 at 12:00PM in Portland Courtroom 13B, before Judge Michael H. Simon. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/21/2011) | |||
| 2011-09-23 | 40 | 0 | Stipulated Motion for Protective Order . Filed by Whitewater West Industries LTD. (Roy, Gerda) (Entered: 09/23/2011) | |||
| 2011-09-27 | 41 | 0 | STIPULATED PROTECTIVE ORDER - (GRANTING the parties' Stipulated Motion for Protective Order 40 . Dated this 27th day of September, 2011, by U.S. Magistrate Judge John V. Acosta. (peg) (Entered: 09/27/2011) | |||
| 2011-10-11 | 42 | 0 | SCHEDULING ORDER by Judge Acosta - Due to a conflict in the Court's schedule, the Court RESETS the Markman Hearing in this matter from 3/27/12, to Wednesday, April 25, 2012, at 9:00AM, in Courtroom 11B. (peg) (Entered: 10/11/2011) | |||
| 2011-10-19 | 43 | 0 | MINUTES of Proceedings: Order - A settlement conference was held on October 19, 2011. The parties shall continue their settlement discussions, but all other litigation in this matter is STAYED for 60-days. Julianne Davis and J. Rick Tache present as counsel for plaintiff(s). Klaus Hamm and Stephen Joncus present as counsel for defendant(s). Judge Michael H. Simon presiding. (mja) (Entered: 10/20/2011) | |||
| 2011-10-20 | 44 | 0 | ORDER by Judge Acosta - Based on Judge Simon's Order 43 regarding the parties settlement conference and their continuing settlement negotiations, and the resulting 60-day STAY, this court STRIKES the current deadlines that fall within that 60-day stay period, i.e. (by 10/19/11 Plaintiff to notify defendant of infringement contentions; by 10/28/11, Parties to exchange claim terms; by 11/18/11 defendant to notify plaintiff of invalidity contentions; by 12/13/11, parties to exchange proposed claim construction.) Accordingly, the parties are to notify Judge Acosta by 12/30/11, of settlement discussion results and/or request the resetting of case management deadlines as mentioned above. (peg) (Entered: 10/20/2011) | |||
| 2011-12-16 | 45 | 0 | Joint Motion to Continue Stay and Strike Deadlines. Filed by International Play Company, Inc.. (Hamm, Klaus) (Entered: 12/16/2011) | |||
| 2011-12-19 | 46 | 0 | ORDER by Judge Acosta - GRANTING the parties' joint motion 45 to continue the stay of all litigation in this matter other than settlement discussions to 1/18/12; Parties to notify Judge Acosta by 1//20/12, of settlement discussion results and/or request a Telephone Scheduling Conference to set a new dates. (peg) (Entered: 12/19/2011) | |||
| 2012-01-23 | 47 | 0 | SCHEDULING ORDER by Judge Acosta - Counsel for Defendant has notified the court that this matter has reached a settlement. Accordingly, the court STRIKES all current case management deadlines and any scheduled hearing dates from its calendar. FURTHER, the court SETS a Final Paper Call hearing for Monday, February 27, 2012, at 9:00AM, in Courtroom 11B. If documents sufficient to finalize this matter are received by the court prior to close of business on Thursday, February 23, 2012, the FPC hearing will automatically be stricken and counsel would not need to appear on 2/27/12.(peg) (Entered: 01/23/2012) | |||
| 2012-01-26 | 48 | 0 | Stipulation to Dismissal of Entire Action Without Prejudice [Fed. R. Civ. P. 41(a)] by Whitewater West Industries LTD. Filed by Whitewater West Industries LTD. (Attachments: # 1 Proposed Order (Proposed Order Regarding Stipulation to Dismissal of Entire Action Without Prejudice)) (Roy, Gerda) (Entered: 01/26/2012) | |||
| 2012-01-26 | 49 | 0 | ORDER Regarding Stipulation to Dismissal of Entire Action Without Prejudice - Pursuant to FRCP 41(a) and the parties' stipulation to dismissal, all claims and counterclaims are dismissed without prejudice; all parties to bear their own fees and costs. Dated this 26th day of January, 2012, by U.S. Magistrate Judge John V. Acosta. (peg) (Entered: 01/27/2012) | |||
| 2013-02-27 | 50 | 0 | Patent Report: Closing report submitted pursuant to 35 U.S.C. section 290. (sm) (Entered: 02/27/2013) |