| Court: | txsd |
| Docket #: | 4:12-cv-01652 |
| Case Name: | IQ Products Company v. WD-40 Company |
| PACER case #: | 980102 |
| Date filed: | 2012-05-31 |
| Date terminated: | 2013-01-10 |
| Assigned to: | Judge Gray H. Miller |
| Referred to: | Magistrate Judge Nancy K. Johnson |
| Case Cause: | 28:1330 Breach of Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Both |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| IQ Products Company Plaintiff |
Charles Thomas Kruse Joshua C Thomas Mark L D Wawro |
| CSA Limited, Inc. Plaintiff |
Joshua C Thomas Charles Thomas Kruse |
| WD-40 Company Defendant |
David Wayne Medack Carl David Kulhanek , Jr |
| WD-40 Company Counter Claimant |
David Wayne Medack |
| IQ Products Company Counter Defendant |
Charles Thomas Kruse Mark L D Wawro |
| WD-40 Company Counter Claimant |
David Wayne Medack |
| CSA Limited, Inc. Counter Defendant |
Joshua C Thomas Charles Thomas Kruse |
| IQ Products Company Counter Defendant |
Charles Thomas Kruse Joshua C Thomas Mark L D Wawro |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-05-31 | 1 | 0 | COMPLAINT against WD-40 Company (Filing fee $ 350 receipt number 0541-9822580) filed by IQ Products Company.(Kruse, Charles) (Entered: 05/31/2012) | |||
| 2012-05-31 | 2 | 0 | Summons by IQ Products Company, filed.(Kruse, Charles) (Entered: 05/31/2012) | |||
| 2012-06-01 | 3 | 0 | Civil Cover Sheet by IQ Products Company, filed.(Kruse, Charles) (Entered: 06/01/2012) | |||
| 2012-06-01 | 4 | 0 | ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 9/28/2012(Signed by Judge Gray H. Miller) Parties notified.(mlothmann) (Entered: 06/01/2012) | |||
| 2012-06-08 | 5 | 0 | CERTIFICATE OF INTERESTED PARTIES by IQ Products Company, filed.(Kruse, Charles) (Entered: 06/08/2012) | |||
| 2012-06-25 | 6 | 0 | ANSWER to 1 Complaint with Jury demand, COUNTERCLAIM against IQ Products Company by WD-40 Company, filed.(Medack, David) (Entered: 06/25/2012) | |||
| 2012-07-16 | 7 | 0 | First AMENDED Complaint with Jury Demand against WD-40 Company filed by IQ Products Company, CSA Limited, Inc..(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-16 | 8 | 0 | RESPONSE to 6 Answer to Complaint, Counterclaim, filed by IQ Products Company. (Attachments: # 1 Proposed Order Proposed Order)(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-16 | 9 | 0 | MOTION to Dismiss 6 Answer to Complaint, Counterclaim Under Rule 9(b) and Rule 12(b) by IQ Products Company, filed. Motion Docket Date 8/6/2012. (Attachments: # 1 Exhibit Copies of Unpublished Authorities, # 2 Proposed Order Proposed Order)(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-16 | 10 | 0 | RESPONSE to 6 Answer to Complaint, Counterclaim Motion to Dismiss/Transfer Venue or to Compel Arbitration, filed by IQ Products Company. (Attachments: # 1 Exhibit Copies of Unpublished Authorities, # 2 Proposed Order Proposed Order Denying Venue Motion, # 3 Proposed Order Proposed Order Denying Motion to Compel Arbitration)(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-16 | 11 | 0 | RESPONSE to 6 Answer to Complaint, Counterclaim Motion to Dismiss Pursuant to 12(b)(6) and 12(f), filed by IQ Products Company. (Attachments: # 1 Proposed Order Proposed Order Denying Motion to Dismiss, # 2 Proposed Order Proposed Order Denying Motion to Strike)(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-16 | 12 | 0 | SEALED appendix re 9 MOTION, 10 Response, 11 Response, filed. (With attachments) Modified on 7/23/2012 (rkonieczny). (Entered: 07/16/2012) | |||
| 2012-07-16 | 13 | 0 | ANSWER to 6 Answer to Complaint, Counterclaim with Jury Demand by IQ Products Company, filed.(Kruse, Charles) (Entered: 07/16/2012) | |||
| 2012-07-23 | 14 | 0 | Letter from David W Medack re: First Amended Complaint, filed. (rkonieczny) (Entered: 07/23/2012) | |||
| 2012-07-26 | 15 | 0 | NOTICE of Appearance by Carl D. Kulhanek, Jr. on behalf of WD-40 Company, filed. (Kulhanek, Carl) (Entered: 07/26/2012) | |||
| 2012-07-30 | 16 | 0 | Opposed MOTION to Dismiss Plaintiff's Economic Duress and Coercion Claims by WD-40 Company, filed. Motion Docket Date 8/20/2012. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 17 | 0 | REPLY and Amended 12(B)(6), 12(F) and Motion to Dismiss for Lack of Subject Matter Jurisdiction, filed by WD-40 Company. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 18 | 0 | REPLY and Amended 12(B)(6) Motion to Dismiss Plaintiffs' Breach of Indemnity Agreement and Related Declaratory Action Claims, filed by WD-40 Company. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 19 | 0 | REPLY and Amended 12(B)(6) Motions to Dismiss Plaintiffs' Negligence, Negligent Misrepresentation, Fraud, and Punitive Damages Claims as Barred by the Economic Loss Rule, filed by WD-40 Company. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 20 | 0 | REPLY and Amended Motion to Compel Arbitration and to Change Venue, filed by WD-40 Company. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 21 | 0 | First AMENDED ANSWER to with Jury Demand, Amended COUNTERCLAIM against All Plaintiffs by WD-40 Company, filed. (Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-30 | 22 | 0 | CERTIFICATE OF INTERESTED PARTIES by WD-40 Company, filed.(Medack, David) (Entered: 07/30/2012) | |||
| 2012-07-31 | 23 | 0 | ORDER REFERRING CASE to Magistrate Judge Nancy K. Johnson for full pretrial management.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 07/31/2012) | |||
| 2012-08-06 | 24 | 0 | RESPONSE to 9 MOTION to Dismiss 6 Answer to Complaint, Counterclaim Under Rule 9(b) and Rule 12(b) MOTION to Dismiss 6 Answer to Complaint, Counterclaim Under Rule 9(b) and Rule 12(b) filed by WD-40 Company. (Attachments: # 1 Proposed Order Order Denying Plaintiff IQ Products Company's Motion to Dismiss Counterclaims)(Medack, David) (Entered: 08/06/2012) | |||
| 2012-08-09 | 25 | 0 | NOTICE of Setting re: 20 Motion. Parties notified. Motion Hearing set for 8/20/2012 at 03:30 PM in Courtroom 700 before Magistrate Judge Nancy K. Johnson, filed. (sbutler, ) (Entered: 08/09/2012) | |||
| 2012-08-13 | 26 | 0 | MOTION to Dismiss 21 Amended Answer, Counterclaim Motions referred to Nancy K. Johnson. by CSA Limited, Inc., IQ Products Company, filed. Motion Docket Date 9/4/2012. (Attachments: # 1 Affidavit Supplemental Declaration of Yohanne Gupta, # 2 Exhibit Unpublished Authority, # 3 Proposed Order Proposed Order)(Kruse, Charles) (Entered: 08/13/2012) | |||
| 2012-08-13 | 27 | 0 | First AMENDED ANSWER to 21 Amended Answer, Counterclaim by CSA Limited, Inc., IQ Products Company, filed. (Kruse, Charles) (Entered: 08/13/2012) | |||
| 2012-08-17 | 28 | 0 | Supplemental RESPONSE to 20 Reply and Amended Motion to Compel Arbitration and to Change Venue, filed by CSA Limited, Inc., IQ Products Company. (Attachments: # 1 Affidavit Supplemental Declaration of Yohanne Gupta, # 2 Affidavit Second Supplemental Declaration of Yohanne Gupta, # 3 Exhibit Unpublished Authority)(Kruse, Charles) (Entered: 08/17/2012) | |||
| 2012-08-20 | 29 | 0 | RESPONSE to 16 Opposed MOTION to Dismiss Plaintiff's Economic Duress and Coercion Claims, 19 Reply,, filed by CSA Limited, Inc., IQ Products Company. (Kruse, Charles) (Entered: 08/20/2012) | |||
| 2012-08-20 | 30 | 0 | RESPONSE to 18 Reply, 17 Reply, filed by CSA Limited, Inc., IQ Products Company. (Attachments: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part 2)(Kruse, Charles) (Entered: 08/20/2012) | |||
| 2012-08-20 | 31 | 0 | CONSENT to Proceed Before a Magistrate Judge by CSA Limited, Inc., IQ Products Company, filed.(Thomas, Joshua) (Entered: 08/20/2012) | |||
| 2012-08-20 | 32 | 0 | REQUEST TO PROCEED BEFORE JUDGE MILLER by WD-40 Company, filed.(Medack, David) (Entered: 08/20/2012) | |||
| 2012-08-20 | 33 | 0 | Minute Entry for proceedings held before Magistrate Judge Nancy K. Johnson. Motion Hearing held on 8/20/2012. The court will issue a ruling on the Motion to Compel Arbitration 20 . Appearances:William Calvert. Charles Thomas Kruse, Joshua C Thomas, Mark L D Wawro, David Wayne Medack, Carl David Kulhanek, Jr.(ERO:Yes), filed.(sbutler, ) (Entered: 08/21/2012) | |||
| 2012-08-27 | 34 | 0 | Supplemental RESPONSE to 20 Reply, filed by CSA Limited, Inc., IQ Products Company. (Kruse, Charles) (Entered: 08/27/2012) | |||
| 2012-08-27 | 35 | 0 | DECLARATION of Yohanne Gupta re: 34 Response, filed. (Attachments: # 1 Exhibit 21, # 2 Exhibit 22 - Part 1, # 3 Exhibit 22 - Part 2)(Kruse, Charles) (Entered: 08/27/2012) | |||
| 2012-08-27 | 36 | 0 | REPLY, filed by WD-40 Company. (Medack, David) (Entered: 08/27/2012) | |||
| 2012-08-27 | 37 | 0 | REPLY, filed by WD-40 Company. (Medack, David) (Entered: 08/27/2012) | |||
| 2012-08-30 | 38 | 0 | SUPPLEMENT by WD-40 Company, filed. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit)(Medack, David) (Entered: 08/30/2012) | |||
| 2012-08-31 | 39 | 0 | MOTION for Leave to File Second Amended Counter ClaimMotions referred to Nancy K. Johnson. by WD-40 Company, filed. Motion Docket Date 9/21/2012. (Attachments: # 1 Exhibit)(Medack, David) (Entered: 08/31/2012) | |||
| 2012-08-31 | 40 | 0 | RESPONSE to 26 MOTION to Dismiss 21 Amended Answer, Counterclaim MOTION to Dismiss 21 Amended Answer, Counterclaim filed by WD-40 Company. (Medack, David) (Entered: 08/31/2012) | |||
| 2012-09-05 | 41 | 0 | REPLY to 38 Supplement to the Motion to Compel Arbitration and to Change Venue, filed by CSA Limited, Inc., IQ Products Company. (Attachments: # 1 Exhibit Unpublished Authority)(Kruse, Charles) (Entered: 09/05/2012) | |||
| 2012-09-20 | 42 | 0 | REPLY to Response to 39 MOTION for Leave to File Second Amended Counter Claim, filed by CSA Limited, Inc., IQ Products Company. (Kruse, Charles) (Entered: 09/20/2012) | |||
| 2012-09-21 | 43 | 0 | Amended CERTIFICATE OF INTERESTED PARTIES by CSA Limited, Inc., IQ Products Company, filed.(Thomas, Joshua) (Entered: 09/21/2012) | |||
| 2012-09-21 | 44 | 0 | ORDER granting 39 Motion for Leave to File.(Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(sbutler, ) (Entered: 09/21/2012) | |||
| 2012-09-21 | 45 | 0 | Second AMENDED Counter Complaint with Jury Demand against All Parties filed by WD-40 Company.(Medack, David) Modified on 9/21/2012 (sbutler, ). (Entered: 09/21/2012) | |||
| 2012-10-05 | 46 | 0 | Second AMENDED ANSWER to 45 Amended Complaint/Counterclaim/Crossclaim etc. with JURY DEMAND by CSA Limited, Inc., IQ Products Company, filed. (Thomas, Joshua) (Entered: 10/05/2012) | |||
| 2012-10-10 | 47 | 0 | MOTION to Dismiss Defendants' Second Amended Counterclaims Pursuant to Federal Rules of Civil Procedure 9(B) and 12(B) 6 Motions referred to Nancy K. Johnson. by CSA Limited, Inc., IQ Products Company, filed. Motion Docket Date 10/31/2012. (Attachments: # 1 Exhibit 23)(Thomas, Joshua) (Entered: 10/10/2012) | |||
| 2012-10-22 | 48 | 0 | Supplemental RESPONSE to 20 Reply and Motion to Compel Arbitration, filed by CSA Limited, Inc., IQ Products Company. (Attachments: # 1 Affidavit Declaration of Y. Gupta, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Thomas, Joshua) (Entered: 10/22/2012) | |||
| 2012-10-25 | 49 | 0 | RESPONSE in Opposition to 47 MOTION to Dismiss Defendants' Second Amended Counterclaims Pursuant to Federal Rules of Civil Procedure 9(B) and 12(B) 6 MOTION to Dismiss Defendants' Second Amended Counterclaims Pursuant to Federal Rules of Civil Procedure 9(B) and 12(B) 6, filed by WD-40 Company. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 10/25/2012) | |||
| 2012-10-26 | 50 | 0 | AO 435 TRANSCRIPT ORDER FORM by C. Thomas Kruse. This is to order a transcript of Motion Hearing held on 8/20/2012 before Magistrate Judge Nancy K. Johnson (Original). Transcriber: Exceptional Reporting Services, filed (mmapps, ). Expedited Order forwarded electronically to Exceptional Reporting Services on 10/26/2012. Modified on 10/26/2012 (pcrawford, ). (Entered: 10/26/2012) | |||
| 2012-10-30 | 51 | 0 | REPLY in Support of 47 MOTION to Dismiss Defendants' Second Amended Counterclaims Pursuant to Federal Rules of Civil Procedure 9(B) and 12(B) 6 MOTION to Dismiss Defendants' Second Amended Counterclaims Pursuant to Federal Rules of Civil Procedure 9(B) and 12(B) 6, filed by CSA Limited, Inc., IQ Products Company. (Kruse, Charles) (Entered: 10/30/2012) | |||
| 2012-10-30 | 52 | 0 | MOTION to Strike Motions referred to Nancy K. Johnson. by WD-40 Company, filed. Motion Docket Date 11/20/2012. (Attachments: # 1 Proposed Order)(Medack, David) (Entered: 10/30/2012) | |||
| 2012-10-30 | 53 | 0 | EXHIBITS re: 52 MOTION to Strike by WD-40 Company, filed.(Medack, David) (Entered: 10/30/2012) | |||
| 2012-10-31 | 54 | 0 | JOINT DISCOVERY/CASE MANAGEMENT PLAN by CSA Limited, Inc., IQ Products Company, WD-40 Company, filed. (Attachments: # 1 Proposed Order Proposed Rule 16 Scheduling Order)(Kruse, Charles) (Entered: 10/31/2012) | |||
| 2012-11-01 | 55 | 0 | AO 435 TRANSCRIPT ORDER FORM by David W. Medack. This is to order a transcript of Hearing held on 8/20/2012 before Magistrate Judge Nancy K. Johnson (Copy Order), filed (amwilliams). Expedited Copy Order forwarded electronically to Exceptional Reporting Services on 11/02/2012. Modified on 11/2/2012 (pcrawford, ). (Entered: 11/01/2012) | |||
| 2012-11-02 | 56 | 0 | TRANSCRIPT re: MOTION HEARING held on 08-20-12 before Magistrate Judge Nancy K. Johnson. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Release of Transcript Restriction set for 1/31/2013., filed. (esaenz, ) (Entered: 11/02/2012) | |||
| 2012-11-05 | 57 | 0 | Notice of Filing of Official Transcript as to 56 Transcript. Party notified, filed. (klinds, ) (Entered: 11/05/2012) | |||
| 2012-11-12 | 58 | 0 | NOTICE OF DISCLOSURE by WD-40 Company, filed. (Medack, David) (Entered: 11/12/2012) | |||
| 2012-11-20 | 59 | 0 | RESPONSE to 52 MOTION to Strike filed by CSA Limited, Inc., IQ Products Company. (Thomas, Joshua) (Entered: 11/20/2012) | |||
| 2012-11-26 | 60 | 0 | REPLY, filed by WD-40 Company. (Medack, David) (Entered: 11/26/2012) | |||
| 2012-12-19 | 61 | 0 | MEMORANDUM AND RECOMMENDATIONS re 20 Reply and Amended Motion to Compel Arbritration and to Change Venue. Based on the foregoing, the court RECOMMENDS that Defendants Amended Motion to Compel Arbitration be GRANTED. The parties are ORDERED to submit their controversy to arbitration in San Diego,California, per the 1996 Agreement. The court further RECOMMENDS that all other pending motions be DENIED at this time and the case be STAYED pending the arbitral tribunals decision on arbitrability. (Signed by Magistrate Judge Nancy K. Johnson) Parties notified.(chorace) (Entered: 12/19/2012) | |||
| 2013-01-02 | 62 | 0 | OBJECTIONS to 61 Memorandum and Recommendations, filed by CSA Limited, Inc., IQ Products Company. (Attachments: # 1 Proposed Order Proposed Order)(Thomas, Joshua) (Entered: 01/02/2013) | |||
| 2013-01-09 | 63 | 0 | RESPONSE to Plaintiffs' Objection to Memorandum and Recommendation of Magistrate, filed by WD-40 Company. (Medack, David) (Entered: 01/09/2013) | |||
| 2013-01-10 | 64 | 0 | ORDER ADOPTING 61 Memorandum and Recommendations, GRANTING 20 AMENDED MOTION to compel arbitration. This case is STAYED pending the arbitrators decision, and all pending motion are DENIED without prejudice to reurge if any of the case is to be resolved in this forum. Accordingly, this case is ADMINISTRATIVELY CLOSED unless and until the parties notify the court that the arbitrator has determined that the court is the appropriate forum for any of the case. Case terminated on 1/10/2013.(Signed by Judge Gray H. Miller) Parties notified.(rkonieczny) (Entered: 01/10/2013) | 2014-12-04 23:42:10 | a2f7451055be6b33a8e1b91c64c56cc07a415f3e | |
| 2013-09-12 | 65 | 0 | NOTICE of Change of Address by Baker & Hostetler LLP, counsel for CSA Limited, Inc., IQ Products Company, filed. (Kruse, Charles) (Entered: 09/12/2013) |