Case details

Court: tnwd
Docket #: 2:10-cv-02277
Case Name: Baker v. Procter & Gamble Company et al
PACER case #: 56195
Date filed: 2010-04-14
Date terminated: 2011-05-04
Assigned to: Judge Samuel H. Mays, Jr
Referred to: Chief Magistrate Judge Diane K. Vescovo
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Charles R. Baker
Plaintiff
Archie I. Grubb , II
BEASLEY ALLEN CROW METHVIN PORTIS & MILES PC 218 Commerce Street P.O. Box 4160 Montgomery, AL 36104 334-269-2343 Fax: 334-954-7555 Email: archie.grubb@beasleyallen.com
ATTORNEY TO BE NOTICED

Kirk A. Caraway
ALLEN SUMMERS SIMPSON LILLIE & GRESHAM, PLLC Brinkley Plaza 80 Monroe Ave. Ste. 650 Memphis, TN 38103-2466 901-763-4200 Fax: 901-684-1768 Email: kcaraway@allensummers.com
ATTORNEY TO BE NOTICED

Roman A. Shaul
BEASLEY ALLEN CROW METHVIN PORTIS & MILES PC 218 Commerce Street P.O. Box 4160 Montgomery, AL 36104 334-269-2343 Fax: 334-954-7555 Email: roman.shaul@beasleyallen.com
ATTORNEY TO BE NOTICED

W. Daniel Miles , III
BEASLEY ALLEN CROW METHVIN PORTIS & MILES P.O. Box 4160 Montgomery, AL 36103-4160 334-269-2343 Email: dee.miles@beasleyallen.com
ATTORNEY TO BE NOTICED

Procter & Gamble Company
Defendant
Bradley E. Trammell
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ First Tennessee Bank Building 165 Madison Ave. Ste. 2000 Memphis, TN 38103 901-526-2000 Fax: 901-577-0781 Email: btrammell@bakerdonelson.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam S. Baldridge
BAKER DONELSON BEARMAN CALDWELL & BERKOWITZ- Memphis First Tennessee Bank Building 165 Madison Ave. Ste. 2000 Memphis, TN 38103 901-526-2000 Email: abaldridge@bakerdonelson.com
ATTORNEY TO BE NOTICED

Jason C. White
MORGAN LEWIS & BOCKIUS, LLP - Chicago 77 West Wacker Drive Chicago, IL 60601 312-324-1775 Fax: 312-324-1000 Email: jwhite@morganlewis.com
ATTORNEY TO BE NOTICED

Scott D. Sherwin
MORGAN LEWIS & BOCKIUS, LLP - Chicago 77 West Wacker Drive Chicago, IL 60601 312-324-1789 Fax: 312-324-1001 Email: ssherwin@morganlewis.com
ATTORNEY TO BE NOTICED

Procter & Gamble Manufacturing Company
Defendant
Bradley E. Trammell
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam S. Baldridge
(See above for address)
ATTORNEY TO BE NOTICED

Jason C. White
(See above for address)
ATTORNEY TO BE NOTICED

Scott D. Sherwin
(See above for address)
ATTORNEY TO BE NOTICED

Procter & Gamble Distributing, LLC
Defendant
Bradley E. Trammell
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam S. Baldridge
(See above for address)
ATTORNEY TO BE NOTICED

Jason C. White
(See above for address)
ATTORNEY TO BE NOTICED

Scott D. Sherwin
(See above for address)
ATTORNEY TO BE NOTICED

United States Postal Service
Intervenor
William W. Siler
U.S. ATTORNEY'S OFFICE Federal Building 167 N. Main St. Ste. 800 Memphis, TN 38103 901-544-4231 Email: bill.siler@usdoj.gov
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-04-14 1 0 COMPLAINT for False Patent Marking against All Defendants (Filing fee $ 350.00.), filed by Charles R. Baker. (Attachments: # 1 Civil Cover Sheet, # 2 judge's card)(agj) Modified on 6/21/2011 (rmp). (Entered: 04/15/2010)
2010-04-15 2 0 Filing fee: $ 350.00, receipt number M123561 (jld) (Entered: 04/16/2010)
2010-04-15 3 0 Summons Issued as to Procter & Gamble Company. (jld) (Entered: 04/16/2010)
2010-04-15 4 0 Summons Issued as to Procter & Gamble Manufacturing Company. (jld) (Entered: 04/16/2010)
2010-04-15 5 0 Summons Issued as to Procter & Gamble Distributing, LLC. (jld) (Entered: 04/16/2010)
2010-04-26 6 0 Judge Bernice B. Donald added as presiding judge and Magistrate Judge Diane K. Vescovo assigned to case as referral judge. (vlg) (rmp). (Entered: 04/26/2010)
2010-05-04 7 0 NOTICE of Appearance by Bradley E. Trammell on behalf of Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company (Trammell, Bradley) (Entered: 05/04/2010)
2010-05-04 8 0 NOTICE of Appearance by Adam S. Baldridge on behalf of Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company (Baldridge, Adam) (Entered: 05/04/2010)
2010-05-04 9 0 MOTION for Extension of Time to File Answer /Motion for Extension of Time to File Responsive Pleading - Proposed Order Submitted by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Baldridge, Adam) (Entered: 05/04/2010)
2010-05-05 10 0 ORDER granting 9 Motion for Extension of Time to Answer. Signed by Judge Bernice B. Donald on 5/5/2010. (Donald, Bernice) (Entered: 05/05/2010)
2010-05-11 11 0 SUMMONS Returned Executed by Charles R. Baker as to Procter & Gamble Company. (Grubb, Archie) (Entered: 05/11/2010)
2010-05-11 12 0 SUMMONS Returned Executed by Charles R. Baker as to Procter & Gamble Distributing, LLC. (Grubb, Archie) (Entered: 05/11/2010)
2010-05-11 13 0 SUMMONS Returned Executed by Charles R. Baker as to Procter & Gamble Manufacturing Company. (Grubb, Archie) (Entered: 05/11/2010)
2010-05-28 14 0 SETTING LETTER: Scheduling Conference set for 7/22/2010 09:30 AM in Courtroom 5 - Memphis before Magistrate Judge Diane K. Vescovo. Please email the proposed joint scheduling order to ECF_Judge_Vescovo@tnwd.uscourts.gov by Friday, 7/16/2010. If the order is approved and filed, the conference will be canceled.Please see Judge Vescovo's Rule 16(b) instructions and NEW FORM ORDER (Rev. 3/1/2010) which provides for filing replies to responses to summary judgment motions without first requesting permission at www.tnwd.uscourts.gov.(crk) (Entered: 05/28/2010)
2010-06-02 15 0 MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8)(Trammell, Bradley) (Entered: 06/02/2010)
2010-06-02 16 0 MOTION to Stay (Proposed Order Submitted) by All Defendants. (Attachments: # 1 Memorandum in Support of Motion, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18, # 20 Exhibit 19, # 21 Exhibit 20, # 22 Exhibit 21)(Trammell, Bradley) (Entered: 06/02/2010)
2010-06-10 17 0 MOTION for Leave to Appear Pro Hac Vice for Scott David Sherwin by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Affidavit)(vjm) (Entered: 06/10/2010)
2010-06-10 18 0 Filing fee: PAID $ 100, receipt number M124377 (vjm) (Entered: 06/10/2010)
2010-06-10 19 0 ORDER granting 17 Motion of Scott David Sherwin for Leave to Appear Pro Hac Vice. Signed by Judge S. Thomas Anderson on 6/10/10. (Anderson, S.) (Entered: 06/10/2010)
2010-06-14 20 0 SETTING LETTER: Motion Hearing Re: 16 set for 6/21/2010 10:00 AM in Courtroom 3 - Memphis before Judge Bernice B. Donald. (tpe) (Entered: 06/14/2010)
2010-06-14 21 0 MOTION for Leave to Appear Pro Hac Vice for Jason C. White. Proposed order submitted and fee paid.. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit)(vjm) (Entered: 06/15/2010)
2010-06-16 22 0 Filing fee: PAID $ 100, receipt number M124468 for Jason C. White (vjm) (Entered: 06/16/2010)
2010-06-16 23 0 RESPONSE in Opposition re 16 MOTION to Stay (Proposed Order Submitted) MOTION to Stay (Proposed Order Submitted) MOTION to Stay (Proposed Order Submitted) filed by Charles R. Baker. (Grubb, Archie) (Entered: 06/16/2010)
2010-06-17 24 0 ORDER granting 21 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Bernice B. Donald on 6/17/2010. (Donald, Bernice) (Entered: 06/17/2010)
2010-06-18 25 0 MOTION for Leave to File /Defendants' Motion and Supporting Memorandum for Leave to File Reply in Support of Motion to Stay Pending Resolution of Stauffer v. Brooks Brothers, Inc. - Proposed Order and Proposed Reply Submitted by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Exhibit A)(Trammell, Bradley) (Entered: 06/18/2010)
2010-06-21 26 0 Minute Entry for proceedings held before Judge Bernice B. Donald: Motion Hearing Re: DE 16 held on 6/21/2010. Ruling made on the Record. motion to Stay, Granted. Order to Enter. Present: K. Caraway, A. Grubb, B. Trammell, J. White. (Court Reporter L. Dudley.) (tpe) (Entered: 06/21/2010)
2010-06-22 27 0 ORDER Granting Defendants' Motion to Stay, Motions terminated: 15 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company, 16 MOTION to Stay (Proposed Order Submitted) MOTION to Stay (Proposed Order Submitted) MOTION to Stay (Proposed Order Submitted) filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company, 25 MOTION for Leave to File /Defendants' Motion and Supporting Memorandum for Leave to File Reply in Support of Motion to Stay Pending Resolution of Stauffer v. Brooks Brothers, Inc. - Proposed Order and Proposed Reply Submitted filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. Signed by Judge Bernice B. Donald on 6/22/2010. (Donald, Bernice) (Entered: 06/22/2010)
2010-06-22 28 0 ORDER ADMINISTRATIVELY CLOSING CASE. Signed by Judge Bernice B. Donald on 6/22/2010. (Donald, Bernice) (jml). (Entered: 06/22/2010)
2010-06-22 29 0 REPLY to Response to Motion re 23 Response in Opposition to Motion /Defendants' Procter & Gamble Company, Procter & Gamble Manufacturing Company, and Procter & Gamble Distributing, LLC's Reply Memorandum in Support of its Motion to Stay Pending Resolution of Stauffer v. Brooks Brothers, Inc. filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Trammell, Bradley) (Entered: 06/22/2010)
2010-10-21 30 0 Joint MOTION TO LIFT STAY re 28 Order Administratively Closing Case **Proposed Order Submitted** by Charles R. Baker. (Grubb, Archie) (Entered: 10/21/2010)
2010-10-22 31 0 ORDER granting 30 Joint Motion to Lift Stay. Signed by Judge Bernice B. Donald on 10/22/10. (Donald, Bernice) (Entered: 10/22/2010)
2010-11-12 32 0 Corporate Disclosure Statement by Procter & Gamble Company. (Baldridge, Adam) (Entered: 11/12/2010)
2010-11-12 33 0 Corporate Disclosure Statement by Procter & Gamble Manufacturing Company identifying Corporate Parent The Procter & Gamble Co. for Procter & Gamble Manufacturing Company.. (Baldridge, Adam) (Entered: 11/12/2010)
2010-11-12 34 0 Corporate Disclosure Statement by Procter & Gamble Distributing, LLC identifying Corporate Parent The Procter & Gamble Co. for Procter & Gamble Distributing, LLC.. (Baldridge, Adam) (Entered: 11/12/2010)
2010-11-12 35 0 NOTICE by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company /Defendants' Notice of a Constitutional Challenge to 35 U.S.C. Sec. 292 (Baldridge, Adam) (Entered: 11/12/2010)
2010-11-12 36 0 MOTION to Dismiss /Defendants' Motion to Dismiss Plaintiff's Amended Complaint by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Memorandum in Support of Motion to Dismiss, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Baldridge, Adam) (Entered: 11/12/2010)
2010-12-01 37 0 ORDER of Recusal. Signed by Judge Bernice B. Donald on 12/01/10. (Donald, Bernice) (Entered: 12/01/2010)
2010-12-06 38 0 Judge Samuel H. Mays, Jr added. Judge Bernice B. Donald no longer assigned to case. (vjm) (Entered: 12/06/2010)
2010-12-13 39 0 RESPONSE to Motion re 36 MOTION to Dismiss /Defendants' Motion to Dismiss Plaintiff's Amended Complaint filed by Charles R. Baker. (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)(Grubb, Archie) (Entered: 12/13/2010)
2011-01-06 40 0 MOTION for Leave to File /Unopposed Motion and Supporting Memorandum for Leave to File Reply in Support of Defendants' Motion to Dismiss - Proposed Order Submitted by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Exhibit A)(Baldridge, Adam) (Entered: 01/06/2011)
2011-01-07 41 0 ORDER granting 40 Motion for Leave to File a Reply. Signed by Judge Samuel H. Mays, Jr on 1/7/2011. (Mays, Samuel) (Entered: 01/07/2011)
2011-01-07 42 0 REPLY to Response to Motion re 39 Response to Motion, /Defendants Procter & Gamble's Reply in Support of their Motion to Dismiss Plaintiff's Complaint filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Baldridge, Adam) (Entered: 01/07/2011)
2011-01-10 43 0 MOTION to Intervene (proposed order submitted) by United States. (Siler, William) (Entered: 01/10/2011)
2011-01-10 44 0 RESPONSE in Opposition re 36 MOTION to Dismiss /Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Defense of Constitutional Challenge) filed by United States. (Attachments: # 1 Exhibit Shizzle Pop opinion, # 2 Exhibit Harrington opinion)(Siler, William) (Entered: 01/10/2011)
2011-01-10 45 0 MOTION re 44 Response in Opposition to Motion, (seeking to exceed page limit; proposed order submitted) by United States. (Siler, William) (Entered: 01/10/2011)
2011-01-12 46 0 ORDER CERTIFYING A CONSTITUTIONAL QUESTION AND ALLOWING UNITED STATES TO INTERVENE TO DEFEND CONSTITUTIONALITY OF 35 U.S.C. ยง 292. Signed by Judge Samuel H. Mays, Jr on 1/12/2011. (Mays, Samuel) (Entered: 01/12/2011)
2011-01-12 47 0 ORDER GRANTING 45 Motion to Exceed the Page Limitation. Signed by Judge Samuel H. Mays, Jr on 1/12/2011. (Mays, Samuel) (Entered: 01/12/2011)
2011-02-16 48 0 MOTION for Leave to File /Unopposed Motion and Supporting Memorandum for Leave to File Reply in Response to the United States' Opposition to Defendants' Motion to Dismiss - Proposed Order and Proposed Reply Submitted by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Attachments: # 1 Exhibit A- Proposed Reply)(Baldridge, Adam) (Entered: 02/16/2011)
2011-02-28 49 0 ORDER granting 48 Motion for Leave to File Reply. Signed by Judge Samuel H. Mays, Jr on 2/28/2011. (Mays, Samuel) (Entered: 02/28/2011)
2011-03-01 50 0 REPLY to Response to Motion re 44 Response in Opposition to Motion, /Defendants Procter & Gamble's Reply to the Brief from the United States filed by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company. (Trammell, Bradley) (Entered: 03/01/2011)
2011-03-02 51 0 NOTICE by Procter & Gamble Company, Procter & Gamble Distributing, LLC, Procter & Gamble Manufacturing Company /Defendants' Notice of Supplemental Authority (Attachments: # 1 Exhibit 1)(Trammell, Bradley) (Entered: 03/02/2011)
2011-03-29 52 0 MOTION to Stay **Proposed Order Submitted** by Charles R. Baker. (Grubb, Archie) (Entered: 03/29/2011)
2011-03-30 53 0 ORDER GRANTING 52 Motion to Stay. Signed by Judge Samuel H. Mays, Jr on 3/30/2011. (Mays, Samuel) (Entered: 03/31/2011)
2011-05-02 54 0 STIPULATION of Dismissal *Proposed Order Submitted* by Charles R. Baker. (Grubb, Archie) (Entered: 05/02/2011)
2011-05-04 55 0 ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Samuel H. Mays, Jr on 5/4/2011. (Mays, Samuel) (Entered: 05/05/2011)
2011-05-12 56 0 JUDGMENT, signed by Judge Samuel H. Mays, Jr on 05/10/2011. This action is dismissed in accordance with the Order of Dismissal With Prejudice, docketed May 5, 2011. (Mays, Samuel) (Entered: 05/12/2011)