Case details

Court: scd
Docket #: 6:05-cv-00337
Case Name: Temp-Pac Company v. Goodwest Industries
PACER case #: 80544
Date filed: 2005-02-02
Date terminated: 2006-01-26
Assigned to: Honorable Henry F Floyd
Case Cause: 28:1338 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Temp-Pac Company
Plaintiff
Neal Peter Pierotti
J Bennett Mullinax PO Box 26029 Greenville, SC 29616 864-987-9696 Fax: 864-987-9686 Email: neal@mullinaxpatent.com
TERMINATED: 09/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard McAllister Moose
Dority and Manning PO Box 1449 Greenville, SC 29602 864-271-1592 Fax: 864-233-7342 Email: rmm@dority-manning.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Steven R LeBlanc
Dority and Manning One Liberty Square 55 Beattie Place; Suite 1600 P.O. Box 1449 Greenville, SC 29602 864-271-1592 Fax: 864-233-7342 Email: srl@dority-manning.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Tim F Williams
Dority and Manning PO Box 1449 Greenville, SC 29602 864-271-1592 Fax: 864-233-7342 Email: timw@dority-manning.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Goodwest Industries Inc
Defendant
Neil C Jones
Nelson Mullins Riley and Scarborough PO Box 10084 Greenville, SC 29603-0084 864-250-2300 Fax: 864-250-2281 Email: neil.jones@nelsonmullins.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Goodwest Industries Inc
Counter Claimant
Neil C Jones
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Temp-Pac Company
Counter Defendant
Neal Peter Pierotti
(See above for address)
TERMINATED: 09/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Goodwest Industries Inc
Counter Claimant
Neil C Jones
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Temp-Pac Company
Counter Defendant
Neal Peter Pierotti
(See above for address)
TERMINATED: 09/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Goodwest Industries Inc
Counter Claimant
Neil C Jones
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Temp-Pac Company
Counter Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2005-02-02 1 0 COMPLAINT with exhibits; FILING FEE $ 150.00 RECEIPT # SCX6000002014 Service due by 6/2/05 for Goodwest Industries (sjam) Modified on 02/03/2005 (Entered: 02/03/2005)
2005-02-02 2 0 ANSWER to Local Rule 26 Interrogatories by plaintiff Temp-Pac Company; jury demand (sjam) (Entered: 02/03/2005)
2005-02-16 3 0 RETURN OF SERVICE executed as to defendant Goodwest Industries 2/7/05 Answer due on 2/28/05 for Goodwest Industries (alew) (Entered: 02/16/2005)
2005-03-18 4 0 MOTION for Extension of Time to File Answer re 1 Complaint by Goodwest Industries Inc. Response to Motion due by 4/5/2005 (alew, ) (Entered: 03/18/2005)
2005-03-21 5 0 ORDER granting 4 Motion for Extension of Time to Answer 1 Complaint. Goodwest Industries Inc's answer due 4/20/2005. Signed by Judge Henry F Floyd on 3/21/2005. (skin, ) (Entered: 03/21/2005)
2005-04-20 8 0 ANSWER to Complaint , Affirmative Defenses, COUNTERCLAIM against Temp-Pac Company, Temp-Pac Company by Goodwest Industries Inc, Goodwest Industries Inc.(Jones, Neil) (Entered: 04/20/2005)
2005-04-20 9 0 Local Rule 26.01 Answers to Interrogatories by Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc.(Jones, Neil) (Entered: 04/20/2005)
2005-05-05 10 0 NOTICE of Appearance by Richard McAllister Moose on behalf of Temp-Pac Company (kmca) (Entered: 05/05/2005)
2005-05-04 11 0 SCHEDULING ORDER Rule 26(f) Conference Deadline 5/24/2005. 26(a) Initial Disclosures due by 6/7/2005. Rule 26 Report due by 6/7/2005. Amended Pleadings due by 6/20/2005.Plaintiff ID of Expert Witness due by 7/18/2005.Defendants ID of Expert Witnesses Due by 8/17/2005.Records Custodian Affidavit due by 8/17/2005. Discovery due by 10/17/2005. Motion in Limine due by 2/13/2006. Motions due by 10/31/2005 Rule 26(a)(3) Disclosures due by 1/17/2006.Pretrial Brief due by2/27/2006. Bench Trial Deadline 3/6/2006.Mediation Due by 12/30/2005.. Signed by Judge Henry F Floyd on 5/4/2005. (acas, ) (Entered: 05/05/2005)
2005-05-04 12 0 MEDIATION ORDERMediation Due by 12/30/2005.. Signed by Judge Henry F Floyd on 5/4/2005. (acas, ) (Entered: 05/05/2005)
2005-05-09 13 0 ANSWER to Counterclaim by Temp-Pac Company.(kmca) (Entered: 05/09/2005)
2005-06-07 14 0 Rule 26(f) Report by Temp-Pac Company, Goodwest Industries Inc. (Attachments: # 1 Proposed Order)(alew, ) (Entered: 06/08/2005)
2005-06-08 15 0 AMENDED SCHEDULING ORDERRule 26 Report due by 6/7/2005. Lists of likely non-expert witnesses due by 7/14/2005. Copies of all correspondence between plaintiff and defendant that have occured in regards to this matter due by 7/14/2005. Amended Pleadings due by 9/15/2005. Plaintiffs ID of Expert Witness due by 2/24/2006. Defendants ID of Expert Witnesses Due by 2/24/2006. Identification of rebuttal experts due by 3/24/2006. Records Custodian Affidavit due by 8/15/2006. Objections to affidavits due within 14 days after service of the disclosure. Non-expert Discovery due by 1/20/2006. Expert discovery shall be conducted from 2/27/2006 to 4/14/2006, inclusive. Joint Claim Construction Chart due by 5/12/2006. Motion in Limine due by 9/4/2006. All other motions due no later than 60 days after the Court issues a claim construction ruling. Rule 26(a)(3) Disclosures due by 8/15/2006. Reply Briefs due by 6/9/2006. Claim Construction hearing on or after 6/26/2006. Pretrial Briefs due by 9/11/2006. Jury Selection Deadline 9/18/2006. Mediation Due by 4/28/2006. . Signed by Judge Henry F Floyd on 6/8/2005. (alew, ) Additional attachment(s) added on 6/8/2005 (alew, ). (Entered: 06/08/2005)
2005-06-08 16 0 DOCKET ANNOTATION - please note that the deadline for non-expert discovery has been modified to reflect 1/20/2006 instead of 1/20/2005. (alew, ) (Entered: 06/08/2005)
2005-07-06 17 0 NOTICE of Appearance by Neal Peter Pierotti on behalf of Temp-Pac Company. (alew, ) (Entered: 07/06/2005)
2005-09-02 18 0 Consent MOTION for Extension of Time for Rescheduling Due Dates for Motions to Join Other Parties and Amend Pleadings by Temp-Pac Company. Response to Motion due by 9/20/2005 No proposed order(Moose, Richard) (Entered: 09/02/2005)
2005-09-02 19 0 ORDER granting 18 Motion for Extension of Time. Signed by Judge Henry F. Floyd on 9/2/05. (jbro) (Entered: 09/02/2005)
2005-09-06 20 0 First MOTION to Withdraw as Attorney for Temp-Pac Company by Temp-Pac Company. Response to Motion due by 9/26/2005 Proposed order is being emailed to chambers with copy to opposing counsel(Pierotti, Neal) (Entered: 09/06/2005)
2005-09-13 21 0 Amended MOTION to Amend/Correct Motion to Withdraw as Counsel by Temp-Pac Company. Response to Motion due by 10/3/2005 (Attachments: # 1 Appendix E-mail communication# 2 Appendix E-mail communication)Proposed order is being emailed to chambers with copy to opposing counsel(Pierotti, Neal) (Entered: 09/13/2005)
2005-09-14 22 0 ORDER granting 21 Motion to Withdraw. Signed by Judge Henry F. Floyd on 9/14/05. (fmar) (Entered: 09/14/2005)
2005-11-14 23 0 AMENDED ANSWER to Complaint of Plaintiff/Counterdefendant The Temp-Pac Company Affirmative Defenses and, COUNTERCLAIM of Defendant/Counterclaimant against Temp-Pac Company, Temp-Pac Company, Temp-Pac Company by Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc. (Jones, Neil) (Entered: 11/14/2005)
2005-11-23 24 0 Joint MOTION for Confidentiality Order by Temp-Pac Company. Response to Motion due by 12/12/2005 (Attachments: # 1 Proposed Order As agreed by both parties# 2 Proposed Order Redlined version)Proposed order is being emailed to chambers with copy to opposing counsel(Moose, Richard) (Entered: 11/23/2005)
2005-11-28 25 0 ORDER granting 24 Motion for Confidentiality Order. Signed by Judge Henry F. Floyd on 11/28/05.(fmar) Additional attachment(s) added on 11/28/2005 (alew, ). (Entered: 11/28/2005)
2005-12-01 26 0 MOTION for Summary Judgment by Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc. Response to Motion due by 12/19/2005 (Attachments: # 1 Memo in Support # 2 Exhibit A - U.S. Patent No. 4,738,114# 3 Exhibit B - Affidavit of Jim West# 4 Exhibit C - Photo# 5 Exhibit D - Argabright Letter of 10/25/2001# 6 Exhibit E - Argabright Letter of December 3, 2001# 7 Exhibit F - Gore Letter of December 6 2001# 8 Exhibit G - Argabright Letter# 9 Exhibit H - Argabright Letter of December 18, 2001# 10 Exhibit I - Williams Letter of December 19, 2001# 11 Exhibit J - Gore Letter of December 19, 2001# 12 Exhibit K - Williams Letter of January 11, 2002# 13 Exhibit L - Gore Letter of January 15, 2002# 14 Exhibit M - Argabright Letter of January 15, 2002# 15 Exhibit N - Williams Letter of January 25, 2002# 16 Exhibit O - Gore Letter of January 28, 2002# 17 Exhibit P - Argabright Letter of February 4, 2002# 18 Exhibit Q - Gore Letter of February 8, 2002# 19 Exhibit R - Affidavit of Bill Goodwin)No proposed order(Jones, Neil) (Entered: 12/01/2005)
2005-12-19 27 0 Consent MOTION for Extension of Time to Respond to GoodWest Industry Inc.'s Motion for Summary Judgment of Laches and Equitable Estoppel by Temp-Pac Company. Response to Motion due by 1/6/2006 Proposed order is being emailed to chambers with copy to opposing counsel(LeBlanc, Steven) (Entered: 12/19/2005)
2005-12-20 28 0 ORDER granting 27 Motion for Extension of Time. Response to 26 Motion for Summary Judgment due by 12/22/05. Signed by Judge Henry F. Floyd on 12/20/05.(fmar) (Entered: 12/20/2005)
2005-12-22 29 0 RESPONSE in Opposition re 26 MOTION for Summary Judgment of Laches and Estoppel Response filed by Temp-Pac Company.Reply to Response to Motion due by 12/29/2005 plus 3 calendar days per FRCvP 6(e) (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F# 7 Exhibit G# 8 Exhibit H# 9 Exhibit I# 10 Exhibit J# 11 Exhibit K# 12 Exhibit L# 13 Exhibit M# 14 Exhibit N# 15 Exhibit O# 16 Exhibit P# 17 Exhibit Q# 18 Exhibit R# 19 Exhibit S)(LeBlanc, Steven) (Entered: 12/22/2005)
2005-12-30 30 0 REPLY to Response to Motion re 26 MOTION for Summary Judgment of Laches and Equitable Estoppel Response filed by Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc. (Jones, Neil) (Entered: 12/30/2005)
2006-01-13 32 0 Deficiency Memo document #31, Reply to Response to Motion. Incorrect event used. Please refer to deficiency memo for correction instructions. Any response due is based on the filing date of the original document. Docket Correction due 1/17/2006. (alew) (Entered: 01/13/2006)
2006-01-12 33 0 SUPPLEMENT to Reply to Response to Motion filed 12/30/05 by Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc, Goodwest Industries Inc to 30 Reply to Response to Motion. (Attachments: # 1 Exhibit A - Greenberg Letter)(Jones, Neil) Modified on 1/13/2006 (alew, ). Modified on 1/13/2006 (alew, ). (Entered: 01/13/2006)
2006-01-18 34 0 Joint MOTION to Amend/Correct 16 Docket Annotation the Scheduling Order by Temp-Pac Company. Response to Motion due by 2/6/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2)No proposed order(Moose, Richard) (Entered: 01/18/2006)
2006-01-19 35 0 SECOND AMENDED SCHEDULING ORDERPlaintiffs ID of Expert Witness due by 3/26/2006. Defendants ID of Expert Witnesses Due by 3/26/2006. Records Custodian Affidavit due by 8/15/2006. Discovery due by 4/14/2006. Motion in Limine due by 9/4/2006. Rule 26(a)(3) Disclosures due by 8/15/2006. Pretrial Briefs due by 9/11/2006. Jury Selection Deadline 9/18/2006. Mediation Due by 4/28/2006. Parties' Rebuttal Experts due by 4/10/06. Expert discovery to be conducted from 2/27/06 to 4/14/06. Joint Claim Construction Chart due by 5/12/06. Parties' Reply Briefs due by 6/9/06. Claim Construction Hearing to occur on or after 6/26/06. Signed by Judge Henry F Floyd on 1/19/2006. (alew, ) (Entered: 01/19/2006)
2006-01-26 36 0 STIPULATION of Dismissal Pursuant to Federal Rule of Civil Procedure 41 by Temp-Pac Company and Goodwest Industries Inc. (Moose, Richard) Modified on 1/31/2006 (alew, ). (added filer) (Entered: 01/26/2006)
2006-01-26 37 0 ORDER DISMISSING CASE. Signed by Judge Henry F. Floyd on 1/26/06. (fmar) (Entered: 01/26/2006)