Case docket: Thirstystone Resources, Inc. v. Kirkland's Stores, Inc.

Case details

Court:	txed
Docket #:	4:09-cv-00522
Case Name:	Thirstystone Resources, Inc. v. Kirkland's Stores, Inc.
PACER case #:	119386
Date filed:	2009-10-22
Date terminated:	2011-02-17
Assigned to:	Judge Michael H. Schneider
Referred to:	Magistrate Judge Amos L. (Mag) Mazzant
Case Cause:	15:1126 Patent Infringement
Nature of Suit:	830 Patent
Jury Demand:	Plaintiff
Jurisdiction:	Federal Question

Parties

Represented Party

Attorney & Contact Info

Thirstystone Resources, Inc.
Plaintiff

Mark John Zimmermann
Dealy Zimmermann Clark Malouf & MacFarlane, PC
3131 Turtle Creek Blvd
Suite 1201
Dallas, TX 75219
214-521-2800
Fax: 214-521-2990
Email: mz@texlex.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Catherine L Brabson
Parsons Kinghorn Harris
111 East Broadway
11th Floor
Salt Lake City, UT 84111
801/363-4300
Fax: 18013634378
Email: clb@pkhlawyers.com
ATTORNEY TO BE NOTICED

Kirkland's Stores, Inc.
Defendant

Christopher William Carr
Jones Carr McGoldrick
5307 E Mockingbird Ln
Suite 600
Dallas, TX 75206
214/828-9200
Fax: 12148289229
Email: chris.carr@jcmfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Catherine L Brabson
(See above for address)
PRO HAC VICE
ATTORNEY TO BE NOTICED

Documents

Date Filed	Document #	Attachment #	Short Description	Long Description	Upload date	SHA1 hash
2009-10-23	1	0		COMPLAINT against Kirkland's Stores, Inc. ( Filing fee $ 350 receipt number 05400000000002212212.), filed by Thirstystone Resources, Inc..(Zimmermann, Mark) (Additional attachment(s) added on 10/27/2009: # 1 Civil Cover Sheet) (baf, ). (Entered: 10/23/2009)
2009-10-23	2	0		Magistrate Consent Form and Notice of Case Assignment sent electronically to Thirstystone Resources, Inc. (Attachments: # 1 Notice of Case Assignment) (baf, ) (Entered: 10/26/2009)
2009-10-23	3	0		CASE REFERRED to Magistrate Judge Amos L. Mazzant pursuant to a Standing Order. (baf, ) (Entered: 10/26/2009)
2009-10-27	4	0		NOTICE of Attorney Appearance by Mark John Zimmermann on behalf of Thirstystone Resources, Inc. (Zimmermann, Mark) (Entered: 10/27/2009)
2009-11-17	5	0		E-GOV SEALED SUMMONS Issued as to Kirkland's Stores, Inc.. (baf, ) (Entered: 11/17/2009)
2009-12-18	6	0		AMENDED COMPLAINT against Kirkland's Stores, Inc., filed by Thirstystone Resources, Inc.. (Attachments: # 1 Exhibit)(Zimmermann, Mark) (Entered: 12/18/2009)
2010-01-27	7	0		ORDER NOTICE OF IMPENDING DISMISSAL - To avoid dismissal pursuant to 4(m), if more than 120 days are necessary for service of process, counsel must execute a verified petition RE: Service of Process. This peition must be filed with the the Court on or before 2/10/2010. Signed by Magistrate Judge Amos L. Mazzant on 1/26/2010. (baf, ) (Entered: 01/27/2010)
2010-01-28	8	0		RESPONSE to 7 Order, Regarding Notice of Impending Dismissal by Thirstystone Resources, Inc.. (Zimmermann, Mark) (Entered: 01/28/2010)
2010-01-29	9	0		Kirkland Stores, Inc.'s ANSWER to 6 Amended Complaint by Kirkland's Stores, Inc..(Carr, Christopher) (Entered: 01/29/2010)
2010-01-28	10	0		Return of Service Executed as to Kirkland's Stores, Inc. on 11/18/2009, answer due: 12/9/2009. (baf, ) (Entered: 01/29/2010)
2010-02-23	11	0		ORDER TO MEET, REPORT AND APPEAR AT SCHEDULING CONFERENCE - Scheduling Conference set for 3/31/2010 at 9:30 AM in Ctrm A01 (Sherman - Annex) before Magistrate Judge Amos L. Mazzant. Prior to the Scheduling Conference, the parties must: Hold a meeting as required by FRCP 26(f) on or before 3/10/2010 and prepare a Rule 26 Meeting Joint Report due by 3/17/2010. Signed by Magistrate Judge Amos L. Mazzant on 2/23/2010. (baf, ) (Entered: 02/23/2010)
2010-03-11	12	0		NOTICE by Thirstystone Resources, Inc. (Certificate of Interested Persons) (Zimmermann, Mark) (Entered: 03/11/2010)
2010-03-12	13	0		NOTICE by Kirkland's Stores, Inc. Certificate of Interested Persons (Carr, Christopher) (Entered: 03/12/2010)
2010-03-12	14	0		REPORT of Rule 26(f) Planning Meeting. (Zimmermann, Mark) (Entered: 03/12/2010)
2010-03-31	15	0		SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 3/7/2011 at 9:00 AM in Ctrm A01 (Sherman - Annex) before Judge Michael H. Schneider. Amended Pleadings due by 6/25/2010. Deadline for Defendant to submit briefing on whether a Markman/Claim construction hearing is necessary 11/15/2010. Deadline for Plaintiff to respond to Defendant's brief with regard to the necessity of Markman/Claim construction hearing 12/1/2010. Discovery Deadline 11/15/2010. Exchange Privilege Logs by 7/1/2010. Expert Witnesses & Reports due by 9/20/2010 for plaintiff and by 10/20/2010 for defendant. Joinder of Parties due by 6/25/2010. Joint Proposed Jury instructions due by 2/7/2011. Mediation Completion due by 11/15/2010. Deadline to file Motions to Dismiss 7/9/2010. Dispositive Motions due by 11/22/2010. Joint Pretrial Order due by 2/7/2011. Motions in Limine to be filed by 2/7/2011. Signed by Magistrate Judge Amos L. Mazzant on 3/31/2010. (baf, ) (Entered: 03/31/2010)
2010-04-23	16	0		AMENDED COMPLAINT (Second) against Kirkland's Stores, Inc., filed by Thirstystone Resources, Inc..(Zimmermann, Mark) (Entered: 04/23/2010)
2010-04-29	17	0		NOTICE of Disclosure by Kirkland's Stores, Inc. Notice of Initial Disclosures (Carr, Christopher) (Entered: 04/29/2010)
2010-05-05	18	0		NOTICE of Disclosure by Thirstystone Resources, Inc. (Zimmermann, Mark) (Entered: 05/05/2010)
2010-05-18	19	0		APPLICATION to Appear Pro Hac Vice by Attorney Catherine L Brabson for Kirkland's Stores, Inc. (FEE PAID). (baf, ) (Entered: 05/18/2010)
2010-07-08	20	0		*DEFICIENT DOCUMENT - ATTORNEY MUST REFILE*Agreed MOTION for Protective Order by Kirkland's Stores, Inc.. (Brabson, Catherine) Modified on 7/14/2010 (baf, ). (Entered: 07/08/2010)
2010-07-15	21	0		*CORRECTED DOCUMENT REPLACES DOCUMENT 20 WHICH WAS FILED IN ERROR*Agreed MOTION for Protective Order by Thirstystone Resources, Inc.. (Attachments: # 1 Exhibit A Stipulated Protective Order)(Brabson, Catherine) Modified on 7/16/2010 (baf, ). (Entered: 07/15/2010)
2010-07-16	22	0		STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Amos L. Mazzant on 7/16/2010. (baf, ) (Entered: 07/16/2010)
2010-09-16	23	0		Agreed MOTION to Continue the Trial Setting and Reset Pretrial Deadlines and for Status Conference by Thirstystone Resources, Inc.. (Attachments: # 1 Text of Proposed Order)(Zimmermann, Mark) (Entered: 09/16/2010)
2010-09-22	24	0		AMENDED SCHEDULING ORDER: Final Pretrial Conference and Trial Scheduling set for 10/3/2011 9:00 AM in Ctrm A01 (Sherman - Annex) before Judge Michael H. Schneider. Exchange Privilege Logs by 3/7/2011. Discovery Deadline 6/6/2011. Expert Witnesses and Reports due by 4/6/2011 for plaintiff and by 5/6/2011 for defendant. Deadline for defendant to submit briefing on whether a Markman/Claim Construction hearing is necessary 6/15/2011. Deadline for Plaintiff to respond to Defendant's brief with regard to the necessity of Markman/Claim Construction Hearing 7/1/2011. Jury instructions due by 9/2/2011 Deadline to notify the court of a mediator 5/2/2011. Mediation Completion due by 6/13/2011. Dispositive Motions due by 6/20/2011. Joint Pretrial Order due by 9/2/2011. Motions in Limine shall be filed by 9/2/2011. Signed by Magistrate Judge Amos L. Mazzant on 9/21/2010. (baf, ) (Entered: 09/22/2010)
2010-10-11	25	0		ANSWER to Complaint (Second Amended) by Kirkland's Stores, Inc..(Brabson, Catherine) (Entered: 10/11/2010)
2011-02-15	26	0		STIPULATION of Dismissal by Thirstystone Resources, Inc.. (Attachments: # 1 Text of Proposed Order)(Zimmermann, Mark) (Entered: 02/15/2011)
2011-02-17	27	0		AGREED ORDER OF DISMISSAL WITH PREJUDICE re 26 Stipulation of Dismissal filed by Thirstystone Resources, Inc. Signed by Judge Michael H. Schneider on 2/16/2011. (baf, ) (Entered: 02/17/2011)
2011-02-17	28	0		FINAL JUDGMENT - In accordance with the Court's Agreed Order of Dismissal with Prejudice, it is hereby ORDERED that Final Judgment be entered in this case. All relief no previously granted is hereby DENIED. Signed by Judge Michael H. Schneider on 2/16/2011. (baf, ) (Entered: 02/17/2011)