| Court: | utd |
| Docket #: | 2:00-cv-00828 |
| Case Name: | Headwaters v. Nalco Chem Co |
| PACER case #: | 7426 |
| Date filed: | 2000-10-18 |
| Date terminated: | 2003-06-30 |
| Assigned to: | Judge Dee Benson |
| Case Cause: | 28:1338 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Headwaters Plaintiff a Utah corporation |
Larry R. Laycock David R. Wright L. David Griffin R. Parrish Freeman |
| Nalco Chemical Company Defendant a Delaware corporation |
H. Dickson Burton Allen C. Turner Edgar R. Cataxinos Krista Weber Powell Shawn G. Hansen |
| Lynn G. Foster Notice Party |
Lynn G. Foster |
| Nalco Chemical Company Counter Claimant |
H. Dickson Burton Allen C. Turner Edgar R. Cataxinos Krista Weber Powell Shawn G. Hansen |
| Headwaters Counter Defendant |
Larry R. Laycock David R. Wright L. David Griffin |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2000-10-18 | 1 | 0 | Complaint filed, assigned to Judge Dee Benson Receipt no.: 108622 (asb) (Entered: 10/19/2000) | |||
| 2000-10-20 | 2 | 0 | Return of summons executed as to Nalco Chem Co 10/19/00 Answer due on 11/8/00 for Nalco Chem Co (alp) (Entered: 10/23/2000) | |||
| 2000-11-27 | 3 | 0 | Answer to Complaint and Counterclaim by Nalco Chem Co against Headwaters (tsh) (Entered: 11/28/2000) | |||
| 2000-12-15 | 4 | 0 | Answer by Headwaters to [3-2] counter claim (alp) (Entered: 12/18/2000) | |||
| 2001-11-30 | 5 | 0 | Magistrate Notice of Hearing Initial Pretrial Conference set for 11:00 3/4/02 To be held before Judge Boyce cc:atty ( Ntc generated by: IPT Blue Sheet) (alp) (Entered: 11/30/2001) | |||
| 2001-12-21 | 6 | 0 | Motion by Nalco Chem Co to dismiss case for want of prosecution (alp) (Entered: 12/26/2001) | |||
| 2001-12-21 | 7 | 0 | Memorandum by Nalco Chem Co in support of [6-1] motion to dismiss case for want of prosecution (alp) (Entered: 12/26/2001) | |||
| 2002-01-04 | 8 | 0 | Memorandum by Headwaters in opposition to [6-1] motion to dismiss case for want of prosecution (alp) (Entered: 01/07/2002) | |||
| 2002-01-07 | 9 | 0 | Errata/Corrigendum to [1-1] complaint filed by Headwaters . (alp) (Entered: 01/07/2002) | |||
| 2002-01-15 | 10 | 0 | Reply by Nalco Chem Co to response to [6-1] motion to dismiss case for want of prosecution (alp) (Entered: 01/15/2002) | |||
| 2002-01-15 | 11 | 0 | Declaration of H. Dickson Burton Re: [10-1] response reply (alp) (Entered: 01/15/2002) | |||
| 2002-01-15 | 12 | 0 | Certificate of service [11-1] declaration, [10-1] response reply by Nalco Chem Co (alp) (Entered: 01/15/2002) | |||
| 2002-03-01 | 13 | 0 | REPORT of Attorney Planning Meeting (alp) (Entered: 03/04/2002) | |||
| 2002-03-04 | 14 | 0 | Scheduling order Setting ;Joining of parties, amending of pleadings on 4:30 4/26/02 ; Deadline for filing of all motions 4:30 3/14/03 ; Discovery cutoff 4:30 2/7/03 ; Final Pretrial Conference for 2:30 6/23/03 ; 5 Day Jury Trial for 8:30 7/14/03 Rule 26(f)(1) cnf held Expert witness disclosure dates Set Not referred to ADR. Discovery limits set Signed by Judge Ronald N. Boyce 3/4/02 cc:atty. Settlement Potential: good/fair (alp) (Entered: 03/06/2002) | |||
| 2002-03-05 | 15 | 0 | Order denying [6-1] motion to dismiss case for want of prosecution signed by Chief Judge Dee Benson , 3/5/02 cc:atty (alp) (Entered: 03/07/2002) | |||
| 2002-04-22 | 16 | 0 | Stipulation by Headwaters, Nalco Chem Co stip to extend deadline for amd pleadings and adding parties to 6/28/02 (alp) (Entered: 04/23/2002) | |||
| 2002-04-23 | 17 | 0 | Order granting [16-1] stipulation motion to extend deadline for amd pleadings and adding parties to 6/28/02, amended pleadings due set for 4:30 6/28/02 signed by Chief Judge Dee Benson , 4/23/02 cc:atty (alp) (Entered: 04/24/2002) | |||
| 2002-05-31 | 18 | 0 | Motion by Nalco Chem Co to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference (alp) (Entered: 06/03/2002) | |||
| 2002-05-31 | 19 | 0 | Memorandum by Nalco Chem Co in support of [18-1] motion to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference (alp) (Entered: 06/03/2002) | |||
| 2002-06-17 | 20 | 0 | Memorandum by Headwaters in opposition to [18-1] motion to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference (alp) (Entered: 06/18/2002) | |||
| 2002-07-02 | 21 | 0 | Reply by Nalco Chem Co to response to [18-1] motion to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference (alp) (Entered: 07/03/2002) | |||
| 2002-08-21 | 22 | 0 | Notice of Hearing filed : Motion hearing set for 2:30 9/19/02 for [18-1] motion to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference To be held before Judge Dee Benson cc:atty ( Ntc generated by: chambers) (kvs) (Entered: 08/21/2002) | |||
| 2002-08-28 | 23 | 0 | Protective Order re: Confidential Information - see order for specifics Signed by Chief Judge Dee Benson 8/28/02 cc: atty (alp) (Entered: 08/29/2002) | |||
| 2002-08-28 | 24 | 0 | Order granting [18-1] motion to amend [3-1] answer, [3-2] counter claim to add additional defenses of patent misuse and antitrust violations and new counterclaims of antitrust violation and tortious interference signed by Chief Judge Dee Benson , 8/28/02 cc:atty (alp) (Entered: 08/30/2002) | |||
| 2002-09-10 | 25 | 0 | Amended Answer to Complaint by Nalco Chem Co : amends [3-1] answer (alp) (Entered: 09/11/2002) | |||
| 2002-09-13 | 26 | 0 | Certificate of service by Nalco Chem Co re: 2nd Request for Docs and Things (alp) (Entered: 09/17/2002) | |||
| 2002-09-19 | 27 | 0 | Motion by Nalco Chem Co for partial summary judgment (alp) (Entered: 09/19/2002) | |||
| 2002-09-19 | 28 | 0 | SEALED Memorandum by Nalco Chem Co in support of [27-1] motion for partial summary judgment (alp) (Entered: 09/19/2002) | |||
| 2002-09-19 | 29 | 0 | Motion by Nalco Chem Co to amend [14-1] Scheduling order and accelerate the trial date (alp) (Entered: 09/19/2002) | |||
| 2002-09-19 | 30 | 0 | SEALED Memorandum by Nalco Chem Co in support of [29-1] motion to amend [14-1] Scheduling order and accelerate the trial date (alp) Modified on 09/19/2002 (Entered: 09/19/2002) | |||
| 2002-09-19 | 31 | 0 | Memorandum by Nalco Chem Co in support of [37-1] motion to bifurcate issues of damages from the issue of liability in this case (ce) (Entered: 10/01/2002) | |||
| 2002-09-26 | 32 | 0 | Motion by Headwaters to extend time in which to respond to dft Nalco's Motion to Amend the Scheduling Order and Accelerate Trial Date to 10/22/02 (alp) (Entered: 09/27/2002) | |||
| 2002-09-27 | 33 | 0 | Motion by Headwaters to compel dft Nalco's Production of docs (kvs) (Entered: 10/01/2002) | |||
| 2002-09-27 | 34 | 0 | Memorandum by Headwaters in support of [33-1] motion to compel dft Nalco's Production of docs (kvs) (Entered: 10/01/2002) | |||
| 2002-09-27 | 35 | 0 | Declaration of R. Parrish Freeman Re: [33-1] motion to compel dft Nalco's Production of docs (kvs) (Entered: 10/01/2002) | |||
| 2002-09-27 | 36 | 0 | Answer by Headwaters to amended counterclaim: [25-1] amended claim (ce) (Entered: 10/01/2002) | |||
| 2002-09-19 | 37 | 0 | Motion by Nalco Chem Co to bifurcate issues of damages from the issue of liability in this case (note: this motion was filed w/the crt on 9/19/02, however, it was not docketed until 10/1/02) (ce) Modified on 10/01/2002 (Entered: 10/01/2002) | |||
| 2002-10-02 | 38 | 0 | Memorandum by Nalco Chem Co in opposition to [32-1] motion to extend time in which to respond to dft Nalco's Motion to Amend the Scheduling Order and Accelerate Trial Date to 10/22/02 (alt) (Entered: 10/03/2002) | |||
| 2002-10-07 | 39 | 0 | Memorandum by Headwaters in opposition to [37-1] motion to bifurcate issues of damages from the issue of liability in this case (alp) (Entered: 10/08/2002) | |||
| 2002-10-07 | 40 | 0 | Order denying motion to expedtie consideration of [37-1] motion to bifurcate issues of damages from the issue of liability in this case (motion to expedite not filed w/Clerk's office), denying [32-1] motion to extend time in which to respond to dft Nalco's Motion to Amend the Scheduling Order and Accelerate Trial Date to 10/22/02, the response and reply to pla's motion to compel dft's production of docs shall be expedited to be submitted concurretnly w/the briefing on dft's motion to bifurcate , discovery due set for 4:30 12/14/02 granting in part [29-1] motion to amend [14-1] Scheduling order and accelerate the trial date: discovery is extended to 12/14/02 the court reserves judgment on accelerating the trial date until it has received full briefing in due course signed by Chief Judge Dee Benson , 10/3/02 cc:atty (alp) Modified on 10/11/2002 (Entered: 10/09/2002) | |||
| 2002-10-09 | 41 | 0 | Certificate of service by Nalco Chem Co re: 2nd Set of Interrogs and 3rd set of reqs for prod/docs and things (alp) (Entered: 10/09/2002) | |||
| 2002-10-11 | 42 | 0 | Memorandum by Headwaters in opposition to [29-1] motion to amend [14-1] Scheduling order and accelerate the trial date (alp) (Entered: 10/15/2002) | |||
| 2002-10-14 | 43 | 0 | Certificate of service by Nalco Chem Co re: Answers to 2nd Set of Interrogs (17-23) Propounded by pla; dft's responses to 2nd set of reqs for prod/docs and things (alp) (Entered: 10/15/2002) | |||
| 2002-10-14 | 44 | 0 | Reply by Nalco Chem Co to response to [37-1] motion to bifurcate issues of damages from the issue of liability in this case (alp) (Entered: 10/15/2002) | |||
| 2002-10-14 | 45 | 0 | Memorandum by Nalco Chem Co in opposition to [33-1] motion to compel dft Nalco's Production of docs (alp) (Entered: 10/15/2002) | |||
| 2002-10-18 | 46 | 0 | Notice of Hearing filed : Motion hearing set for 2:00 10/29/02 for [33-1] motion to compel dft Nalco's Production of docs, set for 2:00 10/29/02 for [37-1] motion to bifurcate issues of damages from the issue of liability in this case To be held before Judge DB cc:atty ( Ntc generated by: Chambers, RB) (alp) (Entered: 10/18/2002) | |||
| 2002-10-22 | 47 | 0 | Reply by Headwaters to response to [33-1] motion to compel dft Nalco's Production of docs (alp) (Entered: 10/23/2002) | |||
| 2002-10-22 | 48 | 0 | SEALED Memorandum by Headwaters in opposition to [27-1] motion for partial summary judgment (alp) (Entered: 10/23/2002) | |||
| 2002-10-22 | 49 | 0 | SEALED Declaration of R. Parrish Freeman Re: [48-1] opposition memorandum (alp) (Entered: 10/23/2002) | |||
| 2002-10-23 | 50 | 0 | SEALED Reply by Nalco Chem Co to response to [29-1] motion to amend [14-1] Scheduling order and accelerate the trial date (alp) (Entered: 10/25/2002) | |||
| 2002-10-24 | 51 | 0 | AMENDED Notice of Hearing filed by defendant Nalco Chem Co : Motion hearing reset for 2:00 10/29/02 for [37-1] motion to bifurcate issues of damages from the issue of liability in this case, reset for 2:00 10/29/02 for [33-1] motion to compel dft Nalco's Production of docs, reset for 2:00 10/29/02 for [29-1] motion to amend [14-1] Scheduling order and accelerate the trial date To be held before Judge DB ( Ntc generated by: Counsel for Defendant) (alp) (Entered: 10/25/2002) | |||
| 2002-11-04 | 52 | 0 | Certificate of service by Nalco Chem Co re: Supplemental Answers to 1st Set of Interrogs (alp) (Entered: 11/05/2002) | |||
| 2002-11-04 | 53 | 0 | Certificate of service by Nalco Chem Co re: Answers to third set of interrogs (alp) (Entered: 11/05/2002) | |||
| 2002-11-04 | 54 | 0 | Certificate of service by Nalco Chem Co re: REsponses to pla's 3rd set of reqs for prod/docs (alp) (Entered: 11/05/2002) | |||
| 2002-10-29 | 55 | 0 | Minute entry: After arguments were heard on Nalco's motion to bifurcate [37-1]; Headwaters motion to compel [33-1] and Nalco's motion to amend [29-1] Crt ruled: denying motion to bifurcate; granting motion to compel and granting motion to amend scheduling order. Crt makes findings on the record. Cnsl for the defendant to submit an order. granting [33-1] motion to compel dft Nalco's Production of docs, denying [37-1] motion to bifurcate issues of damages from the issue of liability in this case Judge: Dee Benson Court Reporter: Ed Young Court Ron Black (rb) (Entered: 11/06/2002) | |||
| 2002-11-06 | 56 | 0 | Motion by Nalco Chem Co to extend time to file reply memo in support of motion for partial summary jgm (alp) (Entered: 11/07/2002) | |||
| 2002-11-06 | 57 | 0 | Memorandum by Nalco Chem Co in support of [56-1] motion to extend time to file reply memo in support of motion for partial summary jgm (alp) (Entered: 11/07/2002) | |||
| 2002-11-07 | 58 | 0 | Memorandum by Headwaters in opposition to [56-1] motion to extend time to file reply memo in support of motion for partial summary jgm (alp) (Entered: 11/08/2002) | |||
| 2002-11-08 | 59 | 0 | Order granting [56-1] motion to extend time for two weeks for dft to file reply memo in support of motion for partial summary jgm signed Chief Judge Dee Benson , 11/8/02. cc:atty (ce) (Entered: 11/12/2002) | |||
| 2002-11-13 | 60 | 0 | Order denying [37-1] motion to bifurcate issues of damages from the issue of liability in this case signed by Chief Judge Dee Benson , 11/13/02 cc:atty (alp) (Entered: 11/14/2002) | |||
| 2002-11-22 | 61 | 0 | SEALED Reply by Nalco Chem Co to response to [27-1] motion for partial summary judgment (alp) (Entered: 11/25/2002) | |||
| 2002-11-22 | 62 | 0 | SEALED Declaration of Krista Weber Re: [61-1] response reply (alp) (Entered: 11/25/2002) | |||
| 2002-11-26 | 63 | 0 | Motion by Lynn G. Foster to quash subpoena duces tecum , for protective order (alp) (Entered: 11/26/2002) | |||
| 2002-11-26 | 64 | 0 | Minute entry:, Cnsl present by phone. Discussion held. Cnsl will prepare a stipulated order for discovery along with a new trial date which is now scheduled for 08/25/2003 at 8:30 a.m. Jury trial set for 8:30 8/25/03 ; Judge: Dee Benson Court Reporter: Ed Young Court Deputy: Ron Black (rb) (Entered: 12/03/2002) | |||
| 2002-12-11 | 65 | 0 | Return of service executed re: Subpoena as to Combustion Resources on 10/2/02 (alp) (Entered: 12/11/2002) | |||
| 2002-12-11 | 66 | 0 | Return of service executed re: Subpoena as to Dr. Gcaig N. Eatough served on 11/27/02 (alp) (Entered: 12/11/2002) | |||
| 2002-12-16 | 67 | 0 | Memorandum by Nalco Chem Co in opposition to [63-1] motion to quash subpoena duces tecum, [63-2] motion for protective order (note: appendix B, excerpts from George W. Ford Jr's depo transcript is sealed) (ce) Modified on 12/18/2002 (Entered: 12/18/2002) | |||
| 2002-12-17 | 68 | 0 | Motion by Nalco Chem Co to compel prod of docs pursuant to subp duces tecum (ce) (Entered: 12/18/2002) | |||
| 2002-12-17 | 69 | 0 | Memorandum by Nalco Chem Co in support of [68-1] motion to compel prod of docs pursuant to subp duces tecum (ce) (Entered: 12/18/2002) | |||
| 2002-12-23 | 70 | 0 | Reply by Lynn G. Foster to response to [63-1] motion to quash subpoena duces tecum, [63-2] motion for protective order (alp) (Entered: 12/23/2002) | |||
| 2002-12-23 | 71 | 0 | Certificate of service [70-1] response reply, [70-1] opposition memorandum by Lynn G. Foster (alp) (Entered: 12/23/2002) | |||
| 2003-01-07 | 72 | 0 | Reply by Nalco Chem Co to response to [68-1] motion to compel prod of docs pursuant to subp duces tecum (jmr) (Entered: 01/08/2003) | |||
| 2003-01-13 | 73 | 0 | Stipulated Amended Scheduling order Setting Deadline for filing of all motions 5/20/03 ; Discovery cutoff 3/7/03 ; 10 Day Jury Trial for 8:30 on 8/25/03. See order for details. Signed by Chief Judge Dee Benson cc:atty. (jmr) (Entered: 01/14/2003) | |||
| 2003-06-27 | 74 | 0 | Stipulation by Headwaters, Nalco Chem Co to dismiss with prejudice dismissing the above matter, including all claims and counterclaims with prejudice (jmr) (Entered: 06/30/2003) | |||
| 2003-06-27 | 75 | 0 | Order granting [74-1] stipulation motion to dismiss with prejudice dismissing the above matter, including all claims and counterclaims with prejudice. Signed by Chief Judge Dee Benson, 6/26/03 cc:atty (jmr) (Entered: 06/30/2003) |