| Court: | txed |
| Docket #: | 2:02-cv-00060 |
| Case Name: | Solomon, et al v. Overton's Inc, et al |
| PACER case #: | 34995 |
| Date filed: | 2002-03-20 |
| Date terminated: | 2004-08-11 |
| Assigned to: | Judge T. John Ward |
| Case Cause: | 15:1126 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Robert M Parker Mediator |
|
| Walter Solomon Plaintiff |
Michael Charles Smith Carl R Roth D Scott Hemingway Malcolm Wade Pipes |
| Wonderduck Decoys Plaintiff |
Michael Charles Smith Carl R Roth D Scott Hemingway Malcolm Wade Pipes |
| Overton's Inc Defendant doing business asHerter's |
Samuel Franklin Baxter Anthony J Biller David E Bennett Jack Wesley Hill Kyle P Tate Larry L Coats Otis W Carroll , Jr |
| Dunn's Defendant |
Anthony J Biller David E Bennett Larry L Coats |
| Cabela's Inc Defendant TERMINATED: 08/11/2004 |
Carl R Roth Gregory J Chinlund Melvin R Wilcox , III Thomas I Ross William Harris Baker |
| Herter's Defendant |
Anthony J Biller David E Bennett Larry L Coats |
| Overton's Inc Counter Claimant doing business asHerter's |
Samuel Franklin Baxter Jack Wesley Hill Kyle P Tate Otis W Carroll , Jr |
| Walter Solomon Counter Defendant |
Michael Charles Smith D Scott Hemingway Malcolm Wade Pipes |
| Wonderduck Decoys Counter Defendant |
Michael Charles Smith D Scott Hemingway Malcolm Wade Pipes |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2002-03-20 | 1 | 0 | Original Complaint with JURY DEMAND filed. Cause: 15:1126 Patent Infringement (poa) Modified on 03/21/2002 (Entered: 03/21/2002) | |||
| 2002-03-20 | 2 | 0 | Form mailed to Commissioner of Patents and Trademarks. (poa) (Entered: 03/21/2002) | |||
| 2002-07-10 | 3 | 0 | First Amended complaint by Walter Solomon, Wonderduck Decoys , (Answer due 7/22/02 for Dunn's, for Overton's Inc ) [1-1] complaint adding dfts Cabela's Inc, Herter's (ktd) (Entered: 07/10/2002) | |||
| 2003-02-11 | 4 | 0 | Applications by Cabela's Inc for Gregory J Chinlund; William H Baker; and Thomas I Ross to appear phv (ktd) (Entered: 02/12/2003) | |||
| 2003-02-11 | 5 | 0 | Filed in Tyler Answer to first amended complaint by Cabela's Inc (ktd) (Entered: 02/12/2003) | |||
| 2003-02-28 | 6 | 0 | Application by Overton's Inc for Kyle P Tate to appear phv (ktd) (Entered: 02/28/2003) | |||
| 2003-03-07 | 7 | 0 | Answer to first amended complaint by Overton's Inc (ktd) (Entered: 03/07/2003) | |||
| 2003-03-14 | 8 | 0 | Notice of Hearing: set management conference for 10:30 5/1/03 before Judge T. John Ward in Marshall, TX. (shd) (Entered: 03/14/2003) | |||
| 2003-03-14 | 9 | 0 | Notice sua sponte setting Scheduling Conference 5/1/03 at 10:30 a.m. in MARSHALL TX; Proposed Deadlines for Docket Control Order and Discovery Order(TJW) faxed 3/14/03 (poa) (Entered: 03/14/2003) | |||
| 2003-05-01 | 10 | 0 | Notice of attorney appearance for Overton's Inc by Otis W Carroll Jr, Jack Wesley Hill (poa) Additional attachment(s) added on 5/13/2005 (ch, ). (Entered: 05/01/2003) | |||
| 2003-05-02 | 11 | 0 | Docket Control Order setting Jury selection begins at 9:00 4/5/04. See original order for additional dates ( signed by Judge T. John Ward ) cc: attys TJW faxed 5/2/03 (poa) (Entered: 05/02/2003) | |||
| 2003-05-02 | 12 | 0 | AMENDED DISCOVERY ORDER ( signed by Judge T. John Ward ) cc: attys TJW faxed 5/2/03 (poa) (Entered: 05/02/2003) | |||
| 2003-05-13 | 13 | 0 | Notice of attorney appearance for Walter Solomon, Wonderduck Decoys by D Scott Hemingway and Malcolm Pipes (note: atty Pipes notified of non-admitted status in EDTX) (ktd) (Entered: 05/13/2003) | |||
| 2003-05-16 | 14 | 0 | STIPULATED PROTECTIVE ORDER, for protective order ( signed by Judge T. John Ward 5/16/03 cc: attys & tjw fx/mld 5/16/03) (ktd) (Entered: 05/16/2003) | |||
| 2003-05-16 | 15 | 0 | Application by Walter Solomon, Wonderduck Decoys for Malcolm Wade Pipes to appear as PHV attorney (poa) (Entered: 05/16/2003) | |||
| 2003-06-02 | 16 | 0 | Order referring case to Robert M Parker as mediator Mediation conference to be held on or before 7/22/02 ( signed by Judge T. John Ward ) cc: attys TJW faxed 6/2/03 (poa) (Entered: 06/02/2003) | |||
| 2003-06-02 | 17 | 0 | Notice of disclosure by Overton's Inc (poa) (Entered: 06/03/2003) | |||
| 2003-06-11 | 18 | 0 | Notice of disclosure by Walter Solomon, Wonderduck Decoys (ktd) (Entered: 06/12/2003) | |||
| 2003-06-16 | 19 | 0 | Filed in Tyler Notice of disclosure by Cabela's Inc (ktd) (Entered: 06/18/2003) | |||
| 2003-07-25 | 20 | 0 | Motion by Walter Solomon, Wonderduck Decoys to amend Patent Rule 3-1 disclosure of asserted claims and preliminary infringement contentions (ktd) (Entered: 07/25/2003) | |||
| 2003-07-31 | 21 | 0 | ORDER granting [20-1] motion to amend Patent Rule 3-1 disclosure of asserted claims and preliminary infringement contentions for Model No 57040 ( signed by Judge T. John Ward ) cc: attys TJW faxed 7/31/03 (poa) (Entered: 07/31/2003) | |||
| 2003-07-31 | 22 | 0 | Second Amended complaint by Walter Solomon, Wonderduck Decoys , (Answer due 8/11/03 for Cabela's Inc, for Overton's Inc ) amending [1-1] complaint (ktd) (Entered: 08/01/2003) | |||
| 2003-07-31 | 23 | 0 | Disclosure of asserted claims & preliminary infringement contentions for new patent by Walter Solomon, Wonderduck Decoys to (ktd) (Entered: 08/05/2003) | |||
| 2003-07-31 | 24 | 0 | Supplemental Disclosure of asserted claims and preliminary infringement contentions for new model number by Walter Solomon, Wonderduck Decoys to (ktd) (Entered: 08/05/2003) | |||
| 2003-08-13 | 25 | 0 | ORDER, RESETTING pretrial conference for 9:00 3/22/04 before Judge T. J. Ward ( signed by Judge T. J. Ward 8/13/03 cc: attys & tjw fx/mld 8/13/03) (ktd) (Entered: 08/13/2003) | |||
| 2003-08-13 | 26 | 0 | Filed in Tyler Agreed Motion by Walter Solomon, Wonderduck Decoys, Overton's Inc to extend time to respond to plaintiffs' second amended complaint (ktd) (Entered: 08/14/2003) | |||
| 2003-08-15 | 27 | 0 | Filed in Tyler Agreed Motion by Walter Solomon, Wonderduck Decoys, Cabela's Inc to extend time to respond t plaintiffs' second amended complaint (ktd) (Entered: 08/18/2003) | |||
| 2003-08-19 | 28 | 0 | ORDER granting [26-1] motion to extend time to respond to plaintiffs' second amended complaint, reset answer due on 8/25/03 for Overton's Inc ( signed by Judge T. J. Ward 8/19/03 cc: attys & tjw fx/mld 8/19/03) (ktd) (Entered: 08/19/2003) | |||
| 2003-08-21 | 29 | 0 | ORDER granting [27-1] motion to extend time to respond to plaintiffs' second amended complaint reset answer due on 8/21/03 for Cabela's Inc ( signed by Judge T. J. Ward 8/21/03 cc: attys & tjw fx/mld 8/21/03) (ktd) (Entered: 08/21/2003) | |||
| 2003-08-21 | 30 | 0 | Filed in Tyler Joint Motion by Walter Solomon, Wonderduck Decoys, Overton's Inc, Dunn's, Cabela's Inc, Herter's to extend time to comply with PR 4-3 (ktd) (Entered: 08/22/2003) | |||
| 2003-08-22 | 31 | 0 | Second Motion by Walter Solomon, Wonderduck Decoys "second" to amend PR 3-1 disclosure of asserted claims and preliminary infringement contentions (ktd) (Entered: 08/22/2003) | |||
| 2003-08-21 | 32 | 0 | Filed in Tyler Answer to second amended complaint by Cabela's Inc (ktd) (Entered: 08/25/2003) | |||
| 2003-08-25 | 33 | 0 | Filed in Tyler Answer to 2nd amended complaint and Counterclaims by Overton's Inc (ktd) Modified on 08/27/2003 (Entered: 08/27/2003) | |||
| 2003-08-25 | 34 | 0 | Filed in Tyler Motion by Overton's Inc to dismiss for failure to state a claim pursuant to FRCP 9(b) and 12(b)(6) (ktd) (Entered: 08/27/2003) | |||
| 2003-09-02 | 35 | 0 | ORDER granting [30-1] motion to extend time to comply with PR 4-3; deadline is extended to 9/2/03 ( signed by Judge T. J. Ward 9/2/03 cc: attys & tjw fx/mld 9/2/03) (ktd) (Entered: 09/02/2003) | |||
| 2003-09-02 | 36 | 0 | JOINT CLAIM CONSTRUCTION and Pre-Hearing Statement (poa) (Entered: 09/03/2003) | |||
| 2003-09-02 | 37 | 0 | Filed in Tyler Supplemental Submission on behalf of Cabela's Inc to [36-1] Joint Claim Construction & Pre-Hearing Statement (ktd) (Entered: 09/03/2003) | |||
| 2003-09-04 | 38 | 0 | Answer to Overton's Counterclaim by Walter Solomon, Wonderduck Decoys (poa) (Entered: 09/05/2003) | |||
| 2003-09-05 | 39 | 0 | Files in Tyler Applications by Overton's Inc, Dunn's, Herter's for Anthony G Biller; Larry L Coats; and David E Bennett to appear phv (ktd) Modified on 09/08/2003 (Entered: 09/08/2003) | |||
| 2003-09-09 | 40 | 0 | Reply by Walter Solomon, Wonderduck Decoys to response to [31-1] motion "second" to amend PR 3-1 disclosure of asserted claims and preliminary infringement contentions (ktd) (Entered: 09/10/2003) | |||
| 2003-09-09 | 41 | 0 | Response by Walter Solomon, Wonderduck Decoys to [34-1] motion to dismiss for failure to state a claim pursuant to FRCP 9(b) and 12(b)(6); or in the alternative, motion for leave to file third party complaint (ktd) (Entered: 09/10/2003) | |||
| 2003-09-08 | 42 | 0 | Filed in Tyler Response by Overton's Inc to [31-1] motion "second" to amend PR 3-1 disclosure of asserted claims and preliminary infringement contentions (ktd) (Entered: 09/10/2003) | |||
| 2003-09-16 | 43 | 0 | Filed in Tyler Reply Brief (Response) by Overton's Inc to [31-1] motion "second" to amend PR 3-1 disclosure of asserted claims and preliminary infringement contentions (ktd) (Entered: 09/17/2003) | |||
| 2003-09-16 | 44 | 0 | Filed in Tyler Reply Brief by Overton's Inc to response to [34-1] motion to dismiss for failure to state a claim pursuant to FRCP 9(b) and 12(b)(6) (ktd) (Entered: 09/17/2003) | |||
| 2003-09-22 | 45 | 0 | Filed in Tyler Answer to third amended complaint by Cabela's Inc (ktd) (Entered: 09/24/2003) | |||
| 2003-10-07 | 46 | 0 | ORDER granting [31-1] "second" motion to amend PR 3-1 disclosure of asserted claims and preliminary infringement contentions ( signed by Judge T. J. Ward 10/7/03 cc: attys & tjw 10/7/03) (ktd) (Entered: 10/07/2003) | |||
| 2003-10-09 | 47 | 0 | Brief in support its claim construction of US Patent No 6,339,894 & 6,339,893 filed by Walter Solomon, Wonderduck Decoys (exhibits not scanned) (ktd) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 10/10/2003) | |||
| 2003-10-16 | 48 | 0 | Notice of disclosure by Walter Solomon, Wonderduck Decoys (ktd) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 10/16/2003) | |||
| 2003-10-23 | 49 | 0 | ORDER granting the alternate 34 motion to amend the complaint; the clerk of ct shall file the pla's Third Amended Complaint attached to the pla's opposition to dft's motion, which dft shall answer in due course ( signed by Judge T. J. Ward 10/21/03 cc: attys & tjw 10/23/03) (ktd) (Entered: 10/23/2003) | |||
| 2003-10-23 | 50 | 0 | Third Amended complaint by Walter Solomon, Wonderduck Decoys , (Answer due 11/3/03 for Cabela's Inc, for Overton's Inc ) amending [1-1] complaint (ktd) (Entered: 10/24/2003) | |||
| 2003-10-23 | 51 | 0 | Filed in Tyler Brief filed by Cabela's Inc in support of its claim construction regarding US Patent 6,339,894 (exhibits not scanned) (ktd) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 10/24/2003) | |||
| 2003-10-23 | 52 | 0 | Filed in Tyler Claim Construction Brief filed by Overton's Inc (exhibits not scanned) (ktd) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 10/28/2003) | |||
| 2003-11-03 | 53 | 0 | Answer to third amended complaint by Overton's Inc (ktd) (Entered: 11/05/2003) | |||
| 2003-11-14 | 54 | 0 | MOTION by Walter Solomon, Wonderduck Decoys for leave to file Fourth Amended Complaint (poa) (Entered: 11/17/2003) | |||
| 2003-11-14 | 55 | 0 | Answer to Overton's Counterclaim by Walter Solomon, Wonderduck Decoys (poa) (Entered: 11/18/2003) | |||
| 2003-11-17 | 56 | 0 | MOTION by Walter Solomon, Wonderduck Decoys to substitute exhibit in motion for leave to amend Complaint TENDERED (poa) Modified on 11/18/2003 (Entered: 11/18/2003) | |||
| 2003-11-18 | 57 | 0 | Filed in Tyler MOTION by Overton's Inc dba Herter's and Dunn's for Otis Hill & Wesley Hill to withdraw as attorneys of record , and to substitute attorney Sam Baxter of McKool Smith (ktd) (Entered: 11/19/2003) | |||
| 2003-11-21 | 58 | 0 | ORDER granting [57-1] motion for Otis Hill & Wesley Hill to withdraw as attorneys of record granting [57-2] motion to substitute attorney Sam Baxter of McKool Smith Added Samuel Franklin Baxter ( signed by Judge T. J. Ward 11/20/03 cc: attys & tjw fx/mld 11/21/03) (ktd) (Entered: 11/21/2003) | |||
| 2003-11-21 | 59 | 0 | ORDER granting [56-1] motion to substitute exhibit in motion for leave to amend ( signed by Judge T. J. Ward 11/20/02 cc: attys & tjw 11/21/03) (ktd) (Entered: 11/21/2003) | |||
| 2003-11-21 | 60 | 0 | ORDER granting [54-1] motion for leave to file Fourth Amended Complaint ( signed by Judge T. J. Ward 11/20/03 cc: attys & tjw fx/mld 11/21/03) (ktd) (Entered: 11/21/2003) | |||
| 2003-11-21 | 61 | 0 | PROPOSED Fourth Amended complaint by Walter Solomon, Wonderduck Decoys , (Answer due 12/1/03 for Herter's, for Cabela's Inc, for Dunn's, for Overton's Inc ) amending [1-1] complaint (ktd) (Entered: 11/21/2003) | |||
| 2003-11-21 | 62 | 0 | Fourth Amended complaint by Walter Solomon, Wonderduck Decoys , (Answer due 12/1/03 for Cabela's Inc, for Overton's Inc ) amending [1-1] complaint against Overton's Inc and Cabela's Inc (only) (ktd) (Entered: 11/21/2003) | |||
| 2003-11-21 | 63 | 0 | Minutes Re: [0-0] claims construction hearing by Judge T. J. Ward on 11/20/03 (Ct rep/ECRO: Susan Simmons) (shd) (Entered: 11/21/2003) | |||
| 2003-11-26 | 64 | 0 | Supplemental Claims Construction Brief re: functional claim limitations filed by Walter Solomon, Wonderduck Decoys (ktd) (Entered: 12/01/2003) | |||
| 2003-12-04 | 65 | 0 | Joint Motion by Walter Solomon, Wonderduck Decoys, Overton's Inc to amend [11-1] docket control order (ktd) (Entered: 12/05/2003) | |||
| 2003-12-04 | 66 | 0 | Filed in Tyler Answer to fourth amended complaint by Cabela's Inc (ktd) (Entered: 12/05/2003) | |||
| 2003-12-03 | 67 | 0 | Filed in Tyler Response by Cabela's Inc to plaintiffs' supplemental [64-1] claim construction brief (ktd) (Entered: 12/05/2003) | |||
| 2003-12-09 | 68 | 0 | Memorandum Opinion and Order Re: Claim Construction ( signed by Judge T. J. Ward 2/6/03 cc: attys & tjw 12/9/03) (ktd) (Entered: 12/09/2003) | |||
| 2003-12-09 | 69 | 0 | ORDER granting [65-1] motion to amend [11-1] docket control order, as set forth herein ( signed by Judge T. J. Ward 12/6/03 cc: attys & tjw 12/9/03) (ktd) (Entered: 12/09/2003) | |||
| 2003-12-09 | 70 | 0 | Transcript of Hearing on 11/20/03 at 9:00 a.m. on claims construction filed . Court Reporter: Susan Simmons ( 60 pages) (poa) (ch, ). (Entered: 12/09/2003) | |||
| 2003-12-11 | 71 | 0 | Answer to 4th amended complaint & Counterclaim by Overton's Inc (ktd) (Entered: 12/12/2003) | |||
| 2003-12-22 | 72 | 0 | Answer to Overtons counterclaims by Walter Solomon, Wonderduck Decoys (poa) (Entered: 12/23/2003) | |||
| 2004-01-09 | 73 | 0 | Stipulated Motion by Walter Solomon, Wonderduck Decoys, Overton's Inc to extend time of discovery between plaintiff's and Overton's for 1 month (ktd) (Entered: 01/12/2004) | |||
| 2004-01-13 | 74 | 0 | ORDER granting [73-1] motion to extend time of discovery between plaintiff's and Overton's for 1 month; dealine extended to 3/6/04 ( signed by Judge T. J. Ward 1/13/04 cc: attys & tjw 1/13/04) (ktd) (Entered: 01/13/2004) | |||
| 2004-01-20 | 75 | 0 | Motion by Overton's Inc with memorandum in support to sever plaintiffs' action against it from their action against Cabela's Inc (ktd) (Entered: 01/21/2004) | |||
| 2004-01-23 | 76 | 0 | Filed in Tyler Motion by Cabela's Inc with memorandum in support to sever the count against it from the remainder of this action (ktd) (Entered: 01/27/2004) | |||
| 2004-01-23 | 77 | 0 | Filed in Tyler Stipulated Motion by Cabela's Inc to amend [11-1] docket control order to extend discovery between plaintiffs and defendant Cabela's for 3 weeks (ktd) (Entered: 01/27/2004) | |||
| 2004-02-02 | 78 | 0 | ORDER granting [77-1] motion to amend [11-1] docket control order to extend discovery between plaintiffs and defendant Cabela's for 3 weeks; deadline 2/29/04 ( signed by Judge T. J. Ward 2/2/04 cc: attys & tjw 2/2/04) (ktd) (Entered: 02/02/2004) | |||
| 2004-02-04 | 79 | 0 | SEALED MOTION by Overton's Inc to compel disclosure ot witness contact information (poa) Modified on 02/05/2004 Additional attachment(s) added on 4/2/2007 (ch, ). (Entered: 02/05/2004) | |||
| 2004-02-07 | 80 | 0 | RESPONSE to Motion re 76 Motion to Sever filed by Walter Solomon, Wonderduck Decoys. (ktd, ) (Entered: 02/12/2004) | |||
| 2004-02-07 | 81 | 0 | Trial Witness List by Walter Solomon, Wonderduck Decoys. (ktd, ) (Entered: 02/12/2004) | |||
| 2004-02-10 | 82 | 0 | MOTION to Withdraw 79 Motion to Compel disclosure of witness contact information by Overton's Inc. (ktd, ) (Entered: 02/13/2004) | |||
| 2004-02-17 | 83 | 0 | ORDER granting 82 Motion to Withdraw 79 Motion to Compel . Signed by Judge T. John Ward on 2/17/04. (ktd, ) (Entered: 02/17/2004) | |||
| 2004-02-20 | 84 | 0 | MOTION for Leave to extend page limit for Overton's Memorandum in support of motion for summary judgment by Overton's Inc. (ktd, ) (Entered: 02/20/2004) | |||
| 2004-02-20 | 85 | 0 | ORDER granting 84 Motion for Leave to File Excess Pages for Overton's memorandum in support of its motion for summary judgment. Signed by Judge T. John Ward on 2/20/04. (ktd, ) (Entered: 02/20/2004) | |||
| 2004-02-20 | 86 | 0 | MOTION and MEMORANDUM for Summary Judgment of Unenforceability of U S Patent No 6,339,894 by Cabela's Inc. (poa, ) (Entered: 02/25/2004) | |||
| 2004-02-20 | 87 | 0 | DECLARATION of Russell C Petersen in support of 86 MOTION for Summary Judgment by Cabela's Inc. (poa, ) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 02/25/2004) | |||
| 2004-02-20 | 88 | 0 | DECLARATION of Matthew C Nielsen in support re 86 MOTION for Summary Judgment of Unenforceability of U S Patent No 6,339,894 by Cabela's Inc. (poa, ) Additional attachment(s) added on 5/18/2005 (ch, ). (Entered: 02/25/2004) | |||
| 2004-02-20 | 89 | 0 | Statement of material facts by Overton's Inc (djh, ) (Entered: 02/25/2004) | |||
| 2004-02-20 | 90 | 0 | MOTION for Summary Judgment by Overton's Inc. (djh, ) (Entered: 02/25/2004) | |||
| 2004-02-20 | 91 | 0 | MOTION for Summary Judgment by Cabela's Inc. (djh, ) (Entered: 02/25/2004) | |||
| 2004-02-20 | 92 | 0 | MEMORANDUM in support re 90 MOTION for Summary Judgment by Overton's Inc. (poa, ) Additional attachment(s) added on 5/25/2005 (ch, ). Additional attachment(s) added on 5/25/2005 (ch, ). Additional attachment(s) added on 5/31/2005 (ch, ). Additional attachment(s) added on 5/31/2005 (ch, ). Additional attachment(s) added on 6/1/2005 (ch, ). Additional attachment(s) added on 6/1/2005 (ch, ). Additional attachment(s) added on 6/1/2005 (ch, ). Additional attachment(s) added on 6/3/2005 (ch, ). Additional attachment(s) added on 6/3/2005 (ch, ). Additional attachment(s) added on 6/3/2005 (ch, ). (Entered: 02/25/2004) | |||
| 2004-03-02 | 93 | 0 | MOTION to Compel responses to interrogatory request Nos. 1,2, 11-14, 16 and 29-31 by Overton's Inc. (exhibits not scanned) (ktd, ) Additional attachment(s) added on 6/3/2005 (ch, ). (Entered: 03/03/2004) | |||
| 2004-03-02 | 94 | 0 | MOTION for Protective Order from the deposition of Walter Solomon noticed for Fri 3/5/04 by Walter Solomon, Wonderduck Decoys. (ktd, ) (Entered: 03/03/2004) | |||
| 2004-03-03 | 95 | 0 | ORDER granting 94 Motion for Protective Order; the deposition will not occur, provided, however, that the dft may attempt to show cause why is should be entitled to proceed with the depo in excess of the time limitations set forthin Rule 30 . Signed by Judge T. John Ward on 3/3/04. (ktd, ) (Entered: 03/03/2004) | |||
| 2004-03-03 | 96 | 0 | RESPONSE OPPOSING re 94 MOTION for Protective Order filed by Overton's Inc. (poa, ) (Entered: 03/03/2004) | |||
| 2004-03-03 | 97 | 0 | RESPONSE by Overton's Inc OPPOSING Motion re 94 MOTION for Protective Order . (poa, ) (Entered: 03/03/2004) | |||
| 2004-03-08 | 98 | 0 | TRANSCRIPT of Proceedings on Discovery Matters held on 3/4/04 before Judge T John Ward. Court Reporter: Susan Simmons. (poa, ) (Additional attachment(s) added on 1/26/2009: # 1 Transcript - 1 - 40) (ch, ). (Entered: 03/08/2004) | |||
| 2004-03-05 | 99 | 0 | RESPONSE to Motion re 86 MOTION for Summary Judgment as to noninfrigement of US Patednt No 6,339,894 filed by Walter Solomon. (poa, ) Additional attachment(s) added on 6/3/2005 (ch, ). (Entered: 03/09/2004) | |||
| 2004-03-09 | 100 | 0 | RESPONSE to Motion re 86 MOTION for Summary Judgment For Unenfocreability Based on Inquitable Conduct filed by Walter Solomon. (poa, ) Additional attachment(s) added on 6/3/2005 (ch, ). (Entered: 03/09/2004) | |||
| 2004-03-09 | 101 | 0 | REPLY to Response to Motion re 94 MOTION for Protective Order filed by Walter Solomon. (ktd, ) (Entered: 03/10/2004) | |||
| 2004-03-11 | 102 | 0 | Unopposed MOTION for Extension of Time to File Response to 90 Overton's MOTION for Summary Judgment by Walter Solomon. (ktd, ) (Entered: 03/11/2004) | |||
| 2004-03-11 | 103 | 0 | Filed in Tyler MOTION for Extension of Time to File Reply as to 91 MOTION for Summary Judgment by Cabela's Inc. (ktd, ) (Entered: 03/15/2004) | |||
| 2004-03-16 | 104 | 0 | ORDER granting 102 Motion for Extension of Time to File Response/Reply re 102 MOTION for Extension of Time to File Response/Reply as to 90 MOTION for Summary Judgment Plaintiffs Response due by 3/17/2004. Signed by Judge T. John Ward on 3/15/2004. (rvw, ) (Entered: 03/16/2004) | |||
| 2004-03-17 | 105 | 0 | ORDER granting 103 Motion for Extension of Time to File Reply re 86 MOTION for Summary Judgment Replies due by 3/19/2004.. Signed by Judge T. John Ward on 3/17/04. (ktd, ) (Entered: 03/17/2004) | |||
| 2004-03-18 | 106 | 0 | RESPONSE to Motion re 90 MOTION for Summary Judgment filed by Walter Solomon, Wonderduck Decoys. (kjr, ) Additional attachment(s) added on 6/6/2005 (ch, ). (Entered: 03/19/2004) | |||
| 2004-03-18 | 107 | 0 | MOTION for proposed amended scheduling order by Overton's Inc. (mll, ) (Entered: 03/22/2004) | |||
| 2004-03-19 | 108 | 0 | MOTION to Compel responses to interrogatory requests, requests for production of documents and requests for admissions by Overton's Inc. (ktd, ) (Entered: 03/22/2004) | |||
| 2004-03-22 | 109 | 0 | MOTION for Extension of Time to File Reply as to 90 MOTION for Summary Judgment ; and MOTION for Leave to File Excess Pages for it Reply in support of its motion for summary judgment by Overton's Inc. (ktd, ) (Entered: 03/24/2004) | |||
| 2004-03-19 | 110 | 0 | Filed in Tyler Unopposed MOTION for Leave to File Excess Pages for its REPLY to pla's reponse to its motion for summary judgment of unenforceability of US Patent '894 by Cabela's Inc. (ktd, ) (Entered: 03/25/2004) | |||
| 2004-03-19 | 111 | 0 | Filed in Tyler PRETRIAL MEMORANDUM by Cabela's Inc RE proposed amended schedule for proceeding with the patent infringement trial. (ktd, ) (Entered: 03/25/2004) | |||
| 2004-03-29 | 112 | 0 | ORDER granting 110 Motion for Leave to File Excess Pages . Signed by Judge T. John Ward on 3/29/04. (djh, ) (Entered: 03/29/2004) | |||
| 2004-03-29 | 113 | 0 | REPLY to Response to 86 MOTION for Summary Judgment of uneforceability of U S Patent No 6,339,894 filed by Cabela's Inc. (djh, ) (Entered: 03/29/2004) | |||
| 2004-03-29 | 114 | 0 | ORDER granting 109 Motion for Extension of Time to File Reply re 90 MOTION for Summary Judgment, granting 109 Motion for Leave to File Excess Pages Replies due by 4/9/2004.. Signed by Judge T. John Ward on 3/29/04. (ktd, ) (Entered: 04/09/2004) | |||
| 2004-04-09 | 115 | 0 | Reply in Support of 90 MOTION for Summary Judgment filed by Overton's Inc. (djh, ) (Entered: 04/12/2004) | |||
| 2004-04-14 | 116 | 0 | RESPONSE to 108 MOTION to Compel filed by Walter Solomon. (djh, ) (Entered: 04/14/2004) | |||
| 2004-04-15 | 117 | 0 | RESPONSE to Motion re 108 MOTION to Compel, filed by Walter Solomon, Wonderduck Decoys. (kjr, ) (Entered: 04/16/2004) | |||
| 2004-04-23 | 118 | 0 | MOTION for Leave to File consolidated replies in support of motons to compel plaintiffs' discovery responses by Overton's Inc. (ktd, ) (Entered: 04/26/2004) | |||
| 2004-04-26 | 119 | 0 | AMENDED DOCKET CONTROL (SCHEDULING) ORDER: A hrg held on 3/4/04 continued the case from its April trial setting to a July trial setting; the deadlines set forth herein are in effect until further order of this court: Final Pretrial Conference set for 7/2/2004 03:00 PM in Ctrm 106 (Marshall) before Judge T. John Ward. Discovery due by 6/11/2004. Jury instructions due by 7/15/2004 Jury Selection set for 8/2/2004 09:00 AM in Ctrm 106 (Marshall) before Judge T. John Ward. Proposed Pretrial Order due by 7/15/2004.. Signed by Judge T. John Ward on 4/26/04. (ktd, ) (Entered: 04/27/2004) | |||
| 2004-04-27 | 120 | 0 | ORDER granting 118 Overton's moton to consolidate two approximately five page replies in support of two motions to compel plas' discovery responses into one ten page reply signed by Judge T. John Ward on 4/27/04. (djh, ) Modified on 4/27/2004 (djh, ). (Entered: 04/27/2004) | |||
| 2004-04-27 | 121 | 0 | Replies in support of 108 MOTIONS to Compel plas' discovery responses filed by Overton's Inc. (djh, ) (Entered: 04/27/2004) | |||
| 2004-05-04 | 122 | 0 | MOTION for Sanctions from pla for making false and misleading representations and for tampering with evidence; and MOTION to Strike evidence of pla's recently alleged "ramp up" damages and the depositions of Brian Keith, Jim Williams, and Joe Harper by Overton's Inc. (ktd, ) (Entered: 05/05/2004) | |||
| 2004-05-14 | 123 | 0 | MOTION to Change Venue by Cabela's Inc. (Attachments: # 1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3# 4 Exhibit Certificate of Conference# 5 Text of Proposed Order Order)(Wilcox, Melvin) (Entered: 05/14/2004) | |||
| 2004-07-06 | 124 | 0 | MOTION for Settlement (to Enforce) by Cabela's Inc. (Attachments: # 1 Declaration# 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Ross, Thomas) Additional attachment(s) added on 7/7/2004 (rvw, ). (Entered: 07/06/2004) | |||
| 2004-07-19 | 125 | 0 | MOTION for enforcement of settlement agreement entered into between pla and Overton's by Overton's Inc. (ktd, ) (Entered: 07/20/2004) | |||
| 2004-08-09 | 126 | 0 | STIPULATION of Dismissal with prejudice filed by Walter Solomon. (Attachments: # 1 Text of Proposed Order)(djh, ) (Entered: 08/10/2004) | |||
| 2004-08-09 | 127 | 0 | JOINT MOTION to Dismiss by Cabela's Inc, Walter Solomon. (Attachments: # 1 Text of Proposed Order)(mrm, ) (Entered: 08/10/2004) | |||
| 2004-08-11 | 128 | 0 | ORDER granting 127 Motion to Dismiss ORDERING that all claims between plaintiffs and Dft Cabela's are dismissed with prejudice. Signed by Judge T. John Ward on 8/11/2004. (sm, ) (Entered: 08/11/2004) | |||
| 2004-08-11 | 129 | 0 | STIPULATED ORDER DISMISSING CASE WITH PREJUDICE Ordering all claims, counterclaims in this suit between pla and Dfts Overton's are dismissed with prejudice. Signed by Judge T. John Ward on 8/11/2004. (sm, ) (Entered: 08/11/2004) |