Case details

Court: txsd
Docket #: 4:01-cv-00914
Case Name: Schmitz, et al v. Wisstech Enterprises, et al
PACER case #: 29605
Date filed: 2001-03-14
Date terminated: 2002-05-10
Assigned to: Judge Nancy F. Atlas
Case Cause: 35:271 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Jon Schmitz
Plaintiff
 
Patrick K Steele
Streets & Steele
13100 Wortham Center Dr
Ste 245
Houston, TX 77065
832-678-2349
Email: psteele@patent-law.cc
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeff Howlett
Plaintiff
 
Patrick K Steele
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wisstech Enterprises
Defendant
 
Neal Elton Dry
Retired
3120 Southwest Freeway
Suite 320
Houston, TX 77098
713-522-2270
Fax: 713-522-3322
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
A-Athletic and Medical Supply Company Inc
Defendant
TERMINATED: 04/12/2002		 
Lawrence B Greer
Greer Scott Shropshire LLP
6363 Woodway Dr
Sute 810
Houston, TX 77057
713-223-0175
Email: lgreer@greerscottlaw.com
TERMINATED: 04/12/2002
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tetra Medical Supply Corporation
Defendant
www.Athleticbid.com
Defendant
TERMINATED: 06/05/2001		 
John Timothy Headley
Law Office of Tim Headley
7941 Katy Fwy
Ste 506
Houston, TX 77024-1924
713-398-1045
Fax: 888.223.4724
Email: tim@headleyiplaw.com
TERMINATED: 06/21/2001
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
ABX Central
Defendant
Prep Illustrated
Defendant
Go Flow Inc
Third Party Defendant
 
Patrick K Steele
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wisstech Enterprises
ThirdParty Plaintiff
 
Neal Elton Dry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wisstech Enterprises
Counter Claimant
 
Neal Elton Dry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jon Schmitz
Counter Defendant
 
Patrick K Steele
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeff Howlett
Counter Defendant
 
Patrick K Steele
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Go Flow Inc
Counter Claimant
 
Patrick K Steele
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Wisstech Enterprises
Counter Defendant
 
Neal Elton Dry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
William Wissen
Defendant
 
Neal Elton Dry
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2001-03-14 1 0 COMPLAINT by Jon Schmitz, Jeff Howlett filed; FILING FEE $ 150.00 RECEIPT # 508568 (bchurchill) (Entered: 03/15/2001)
2001-03-14 2 0 Order setting Initial Pretrial and Scheduling Conference on 1:30 6/1/01 before Judge Nancy F. Atlas and Order to Disclose Interested Persons, filed. ( Signed by Judge Nancy F. Atlas ) Parties notified. (bchurchill) (Entered: 03/15/2001)
2001-05-04 3 0 ANSWER to Complaint; jury demand and COUNTERCLAIM by Wisstech Enterprises (Attorney Neal Elton Dry) against Jon Schmitz, Jeff Howlett ,filed (psmith) (Entered: 05/07/2001)
2001-05-04 4 0 MOTION to dismiss for pltfs failure to include a short and plain statement and for failure to state a claim , by Wisstech Enterprises, Motion Docket Date 5/24/01 [4-1] motion , filed. (psmith) (Entered: 05/07/2001)
2001-05-07 5 0 ANSWER to Complaint by A-Athletic & Medical (Added attorney Lawrence B Greer), filed. (psmith) (Entered: 05/08/2001)
2001-05-25 6 0 JOINT DISCOVERY/Case Management Plan by Jon Schmitz, Jeff Howlett, Wisstech Enterprises, A-Athletic & Medical , filed. (psmith) (Entered: 05/29/2001)
2001-05-30 7 0 INITIAL DISCLOSURE by Jon Schmitz, Jeff Howlett , filed. (psmith) (Entered: 05/30/2001)
2001-05-30 8 0 ANSWER by Jon Schmitz, Jeff Howlett to Defts [3-2] counter claim , filed. (psmith) (Entered: 05/30/2001)
2001-05-31 9 0 RETURN OF SERVICE executed as to Go Flow Inc 5/19/01 filed Answer due on 6/8/01 for Go Flow Inc (psmith) (Entered: 05/31/2001)
2001-05-31 10 0 CERTIFICATE OF INTERESTED PARTIES by A-Athletic & Medical , filed. (psmith) (Entered: 06/01/2001)
2001-06-01 11 0 CERTIFICATE OF INTERESTED PARTIES by Jon Schmitz, Jeff Howlett , filed. (psmith) (Entered: 06/01/2001)
2001-06-01 12 0 HEARING, MINUTES OF PRETRIAL CONFERENCE held before Judge Atlas on 6/1/01 & ORDER: Atty Apps: Stelle f/Pltf, John f/Deft Wisstech and Hedley f/Deft A-Atheltic, Ct Rptr: Anne Traylor, Docket Control Order to follow, Deft Wisstech Enterprises's Motion to Dismiss for Pltf's Failure to Include a Short and Plain Statement and for Failure to State a Claim [Doc #4] is DENIED as to dismissal and GRANTED as to clarification in accordance with the record in open Court; Deft's Oral Motion to Dismiss WWW.Athleticbid.Com is GRANTED in accordance with the record in open court, entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 06/05/2001)
2001-06-01 13 0 DOCKET CONTROL ORDER: Ett: 3-4 Days/Jury; Mediation deadline 9/28/01 Amendments to Pleadings and New Parties 7/16/01 ; Designation of Expert Witnesses/Reports by Parties w/BOP by 12/15/01 and by Parties w/o BOP (Responsive Expert Designation/Report) 2/1/02 ; Rebuttal Experts' Reports (no new experts to be designated) 3/1/02 ; Completion of Discovery 3/29/02 ; Dispositive Motions 4/29/02 ; All Other Pretrial Motions (including Daubert & Markman Motions) 4/29/02 ; Joint Pretrial Order by 7/22/02 ; Docket Call set 4:00 pm on 7/26/02 before Judge Nancy F. Atlas; if no disputes on claims construction, then parties to file stipulation as to same by 4/29/02, entered. Parties notified. ( Signed by Judge Nancy F. Atlas ) (fmremp) Modified on 06/05/2001 (Entered: 06/05/2001)
2001-06-11 14 0 CERTIFICATE OF INTERESTED PARTIES by Wisstech Enterprises , filed. (psmith) (Entered: 06/12/2001)
2001-06-11 15 0 INITIAL DISCLOSURE by Wisstech Enterprises , filed. (psmith) (Entered: 06/12/2001)
2001-06-14 16 0 ANSWER by Go Flow Inc (Added attorney Patrick K Steele), to Wisstech Enterprises' [3-1] third-party complaint , filed. (psmith) (Entered: 06/15/2001)
2001-06-18 17 0 JOINT MOTION to dismiss without prejudice , by Jon Schmitz, Jeff Howlett, www.Athleticbid.com , filed (psmith) (Entered: 06/19/2001)
2001-06-20 18 0 ORDER OF DISMISSAL without prejudice of MAG Inc, named in complaint as www.athleticbid.com; granting [17-1] joint motion to dismiss without prejudice , entered; Parties notified. ( signed by Judge Nancy F. Atlas ) (ltien) (Entered: 06/21/2001)
2001-06-25 19 0 ORDER FOR TELEPHONE CONFERENCE: A telephone conference is set for 9:00 6/28/01 , in response to Pltfs counsel's request for a discovery conference. Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 06/25/2001)
2001-07-05 20 0 DEFT'S INITIAL DISCLOSURE by A-Athletic & Medical , filed. (ddarneille) (Entered: 07/05/2001)
2001-07-16 21 0 FIRST AMENDED COMPLAINT by Jon Schmitz, Jeff Howlett (Answer due 7/26/01 for A-Athletic & Medical, for Wisstech Enterprises) amending [1-1] complaint and adding William Wissen, filed. (psmith) (Entered: 07/16/2001)
2001-07-27 22 0 AGREED PROTECTIVE ORDER, entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 07/30/2001)
2001-09-10 23 0 UNOPPOSED MOTION to continue mediation/ADR deadline , by Jon Schmitz, Jeff Howlett, Motion Docket Date 9/30/01 [23-1] motion , filed. (psmith) (Entered: 09/11/2001)
2001-09-14 24 0 ORDER entered GRANTING the [23-1] motion to continue mediation/ADR deadline. The mediation/ADR deadline is continued to 3/30/02 , terminated deadlines . Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 09/17/2001)
2001-11-27 25 0 ORDER entered: A telephone pretrial conference is set for 11:00 12/6/01 . Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 11/29/2001)
2001-12-13 26 0 UNOPPOSED MOTION to extend deadline for designation of experts and production of expert reports , by Jon Schmitz, Jeff Howlett, Motion Docket Date 1/2/02 [26-1] motion , filed. (psmith) (Entered: 12/14/2001)
2001-12-17 27 0 ORDER granting [26-1] motion to extend deadline for designation of experts and production of expert reports. Pltf expert witness list due for 1/15/02 , Deft expert witness list due for 3/1/02 , entered. All other deadlines remain in effect. All relief not specifically granted is denied. Parties notified. ( signed by Judge Nancy F. Atlas ) (psmith) (Entered: 12/19/2001)
2001-11-20 28 0 LETTER/MOTION for discovery by Jon Schmitz, Jeff Howlett, Motion Docket Date 12/16/01 [28-1] motion , filed. (amaly) Modified on 01/31/2002 (Entered: 01/04/2002)
2001-12-03 29 0 LETTER/RESPONSE by Wisstech Enterprises in opposition to pltfs' [28-1] motion for discovery , filed (amaly) Modified on 01/31/2002 (Entered: 01/04/2002)
2001-12-12 30 0 LETTER in support of attorney-client privilege, and presenting documents for in camera review, by Wisstech Enterprises , filed (amaly) Modified on 01/31/2002 (Entered: 01/04/2002)
2001-12-21 31 0 LETTER/RESPONSE by Jon Schmitz, Jeff Howlett to Wisstech's [30-1] Letter in support of attorney-client privilege filed.(amaly) Modified on 01/31/2002 (Entered: 01/04/2002)
2002-01-07 32 0 REPLY to the [29-1] response in opposition, by Jon Schmitz, Jeff Howlett , filed. (received in Judge's chambers on Dec 10, 2001) (psmith) (Entered: 01/07/2002)
2002-01-07 33 0 UNOPPOSED MOTION to modify docket control order by Jon Schmitz, Jeff Howlett, Go Flow Inc, Motion Docket Date 1/27/02 [33-1] motion , filed. (psmith) (Entered: 01/08/2002)
2002-01-10 34 0 DUPLICATE Minute Entry Order: Telephone pretrial conference held regarding discovery. Apps: P Steele; N Dry. The Court's rulings are as stated on the record. terminated deadlines Ct Reporter: F Warner , entered. Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 01/10/2002)
2002-01-08 35 0 SCHEDULING ORDER setting Mediation deadline 8/15/02; Pltf expert witness list submitted by 3/15/02 ; Deft expert witness list submitted by 5/1/02 ; Deadlinen for production of rebuttal experts reports by 6/1/02; Discovery cutoff 7/1/02 Deadline for filing all dispositive motions 8/23/02 ; Deadline for filing non-dispositive motions 8/23/02 ; Pretrial order to be submitted on or before 11/25/02 ; Docket call deadline 4:00 11/29/02 ; granting [33-1] motion to modify docket control order , entered. Parties notified. ( Signed by Judge Nancy F. Atlas ) (psmith) (Entered: 01/10/2002)
2002-01-10 36 0 MEMORANDUM AND ORDER , entered. Pltfs' motion to compel is denied without prejudice. Wissen shall file and serve a privilege log listing the documents in Atkinson's file, and deliver a courtesy copy to chambers within 10 days of the entry of this order. Various deadlines are being extended by a separate order. Parties notified. ( signed by Judge Nancy F. Atlas ) (amaly) (Entered: 01/11/2002)
2002-01-22 37 0 PRIVILEGE LOG by Wisstech Enterprises, William Wissen in Response to the [36-1] order, filed. (psmith) (Entered: 01/23/2002)
2001-12-10 38 0 LETTER/REPLY to Pltfs [29-1] response, by Jon Schmitz, Jeff Howlett , filed. (psmith) (Entered: 01/31/2002)
2002-03-01 39 0 MOTION for leave to file amended answer by Jon Schmitz, Jeff Howlett, Motion Docket Date 3/21/02 [39-1] motion , filed. (kprice) (Entered: 03/04/2002)
2002-03-18 40 0 DESIGNATION OF EXPERTS by Jon Schmitz, Jeff Howlett, Go Flow Inc filed. (kprice) (Entered: 03/18/2002)
2002-04-02 41 0 ORDER GRANTING LEAVE TO AMEND; granting pltfs/counter-defendants' [39-1] motion for leave to file amended answer , entered. The pltfs/counter-defendants' amended answer to Deft Wisstech's Counterclaims shall be filed of record. Parties notified. ( signed by Judge Nancy F. Atlas ) (kprice) (Entered: 04/04/2002)
2002-04-12 42 0 AGREED PERMANENT INJUNCTION, entered; granting [0-0] proposed agreed permanent injunction. It is ORDERED that all remaining claims by pltfs against A-Athletic and Medical Supply Company, Inc are dismissed with prejudice to re-filing of same. . Parties ntfd. ( Signed by Judge Nancy F. Atlas ) (kprice) (Entered: 04/12/2002)
2002-05-09 43 0 AGREED PERMANENT INJUNCTION: Deft William T Wissen d/b/a WissTech Enterprises, Inc ("Wissen") shall refrain until 5/2/17 from producing, manufacturing, importing, marketing, offering to sell or selling the products that have been produced by Wissen and previously sold by Wissen under the trade names Hydration Station, Briefcase Hydration Station and All American Hydration Station; this injunction does not restrain Wissen from continued use of the trademarks Hydration Station, Briefcase Hydration Station or the All American Station in connection with other products, entered; Ptys notified. ( signed by Judge Nancy F. Atlas ) (fmremp) (Entered: 05/13/2002)
2002-05-10 44 0 ORDER OF DISMISSAL , entered; this case is dismissed as to all remaining parties with prejudice. Parties to bear their own costs. Parties notified. ( signed by Judge Nancy F. Atlas ) (amaly) (Entered: 05/15/2002)