Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al Featured Case

Plaintiff Energy Automation Systems, Inc. sued defendants Xcentric Ventures, LLC and Edward Magedson. Plaintiff alleged that defendant's websites badbusinessbureau.com and ripofferport.com published false and deceptively misleading statements of fact concerning EASI, its dealerships, and its employees by a few disgruntled former EASI dealers.

Plaintiff: Energy Automation Systems, Inc.
Defendant: Xcentric Ventures, LLC and Edward Magedson
Case Number: 3:2006cv01079
Filed: November 6, 2006
Court: US District Court for the Middle District of Tennessee
Office: Nashville Office
County: Sumner
Presiding Judge: Aleta A. Trauger
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2007 Filing 65 Docket entry number 64 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 12/12/07 by JB.(jb)
December 12, 2007 Opinion or Order Filing 64 AGREED ORDER OF DISMISSAL: The parties stipulate and agree that this matter should be dismissed with prejudice. Signed by Judge Aleta A. Trauger on 12/12/07. (jb)
December 11, 2007 Filing 63 PROPOSED ORDER OF DISMISSAL filed by all parties. (Taber, W.)
October 16, 2007 Minute Entry for proceedings held before Judge Aleta A. Trauger : Telephone Conference held on 10/16/2007. Discovery dispute. (Court Reporter none.) (bb-j)
October 15, 2007 Opinion or Order Filing 62 ORDER: Telephone Conference set for 10/16/2007 at 12:15 PM before District Judge Aleta A. Trauger. Chambers will place the conference call. Signed by Judge Aleta A. Trauger on 10/15/07. (dt)
October 2, 2007 Opinion or Order Filing 61 SECOND CASE MANAGEMENT ORDER: The parties shall complete all written discovery and depose all fact witnesses with respect to those issues on or before 11/1/07. The Court will address motions to amend at the next case management conference. The Defendants shall file a motion for partial summary judgment with respect to the CDA on or before 12/4/07. The Court will address estimated trial time at the next case management conference. Signed by Judge Aleta A. Trauger on 10/2/07. (jb)
September 28, 2007 Filing 60 PROPOSED CASE MANAGEMENT ORDER (Second) filed by the parties. (Taber, W.) Modified Text on 10/1/07 (Brooks, Joyce).
July 20, 2007 Opinion or Order Filing 59 INITIAL CASE MANAGEMENT ORDER: Discovery due by 10/1/2007. Dispositive Motions due by 11/1/2007. Signed by Judge Aleta A. Trauger on 7/20/07. (dt)
July 17, 2007 Filing 58 PROPOSED CASE MANAGEMENT ORDER filed by the parties. (Taber, W.) Modified Text on 7/17/07 (jb).
July 17, 2007 Filing 57 ***DISREGARD ENTRY - ATTY TO REFILE*** PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc.. (Taber, W.) Modified on 7/17/2007 (hv).
July 11, 2007 Filing 56 ANSWER to Amended Complaint by Edward Magedson, Xcentric Ventures, LLC.(Speth, Maria)
July 6, 2007 Filing 55 Additional Attachments to Main Document-Exhibit A to 52 Response to 49 Motion To Substitute Service of Process. (Speth, Maria) Modified on 7/6/07 (jb).
June 25, 2007 Filing 54 SUMMONS returned executed by Energy Automation Systems, Inc.. Edward Magedson served on 6/21/2007. (Taber, W.)
June 25, 2007 Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 6/25/2007. Discovery ddl on limited issue of CDA - 10/1/07, summary judgment mtn - 11/1/07, response 11/21/07, reply 12/3/07. After disposition of SJ motion and case survives, reset another CMC. (Court Reporter none.) (bb-j, )
June 25, 2007 Note to Filer re DE #52-Exhibit A was scanned using an incorrect scan size. The scanner should be set to 8.5 x 11. This exhibit needs to be re-filed. (jb)
June 21, 2007 Filing 53 PROPOSED CASE MANAGEMENT ORDER AMENDED filed by all parties. (Shreffler, William)
June 21, 2007 Filing 52 RESPONSE to 49 Motion To Substitute Service of Process for Defendant Edward Magedson and Counsel for Deft Xcentric's Compliance with 51 June 20, 2007 Order filed by Xcentric Ventures, LLC. (Attachment: (1) Exhibit A)(Speth, Maria) Modified Text on 6/21/07 (jb).
June 21, 2007 Note to Filer re DE #52-The mandatory description field, for each exhibit filed, should be used to accurately describe the contents of your attachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient). This document does not need to be re-filed unless otherwise directed by the Court. (jb)
June 20, 2007 Opinion or Order Filing 51 CORRECTED ORDER: Because the 44 Order did not clearly require it, it is hereby ORDERED that Maria Speth, lead counsel for Xcentric Ventures, LLC, shall furnish to counsel for the pltf by 5:00 p.m. CST on 6/21/07, the address at which deft Edward Magedson may be served with process in this case. If Ms. Speth does not timely comply with this Order, she shall be prepared to SHOW CAUSE at the Initial Case Management Conference, scheduled for 6/25/07 at 10:30 a.m. why she should not be held in contempt. Signed by Judge Aleta A. Trauger on 6/20/07. (jb)
June 20, 2007 Opinion or Order Filing 50 ORDER: Because the 44 Order did not clearly require it, it is hereby ORDERED that Maria Speth, lead counsel for Xcentric Ventures, LLC, shall furnish to counsel for the pltf by 5:00 PM on 6/21/07, the address at which deft Edward Magedson may be served with process in this case. If Ms. Speth does not timely comply with this Order, she shall be prepared to SHOW CAUSE at the Initial Case Management Conference, scheduled for 6/25/07 at 10:30 AM why she should not be held in contempt. Signed by Judge Aleta A. Trauger on 6/20/07. (jb)
June 19, 2007 Filing 49 MOTION To Substitute Service of Process for Defendant Edward Magedson by Energy Automation Systems, Inc.. (Attachments: # 1 Exhibit A - Letter to Freeman# 2 Exhibit B - Email# 3 Exhibit C - Email# 4 Exhibit D - Email# 5 Attachment - Order)(Taber, W.)
June 14, 2007 Opinion or Order Filing 48 ORDER granting 36 Motion for Maria Crimi Speth to Appear Pro Hac Vice . Signed by Judge Aleta A. Trauger on 6/14/07. (jb)
June 14, 2007 Remark-Maria Crimi Speth was notified by e-mail to register for an ECF Account.(jb) Modified on 6/19/07 (jb).
June 13, 2007 Filing 47 CERTIFICATE OF GOOD STANDING on behalf of Maria Crimi Speth from USDC/Arizona in support of 36 MOTION for Admission Pro Hac Vice filed by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 6/13/07 (jb).
June 12, 2007 Opinion or Order Filing 46 ORDER granting 43 Motion to Continue Initial Case Management Conference. The Initial Case Management Conference is reset for 6/25/07 at 10:30 AM conditioned upon this date being available for lead counsel for the defts, Maria Crimi Speth of Phoenix, Arizona. Signed by Judge Aleta A. Trauger on 6/12/07. (jb)
June 11, 2007 Opinion or Order Filing 45 ORDER: Lead counsel for each party is to be present at the initial case management conference set on 6/15/07. Ms. Speth shall appear in person for the conference. However, Ms. Speth's motion for admission pro hac vice 36 has not yet been granted because she has failed to file a certificate that she is in good standing with a USDC. Ms. Speth shall cure this defect by 6/14/07 so that she may properly appear before the Court on 6/15/07 for the initial case management conference. Signed by Judge Aleta A. Trauger on 6/11/07. (gi, )
June 11, 2007 Opinion or Order Filing 44 ORDER granting 27 Motion for an Extension of Time to 6/22/07 for Service of Summons and Complaint upon Deft Ed Magedson. Signed by Judge Aleta A. Trauger on 6/11/07. (gi, )
June 11, 2007 Filing 43 MOTION to Continue Initial Case Management Conference by defts. (Shreffler, William) Modified Text on 6/12/07 (jb).
May 25, 2007 Filing 42 NOTICE of Hearing: Initial Case Management Conference set for 6/15/2007 at 01:15 PM in Courtroom 873 before District Judge Aleta A. Trauger. (hv)
May 25, 2007 Opinion or Order Filing 41 ORDER: For the reasons stated in the accompanying Memorandum, denying 17 Motion to Dismiss for Lack of Jurisdiction; granting 24 Motion to Lift Stay of Discovery. Signed by Judge Aleta A. Trauger on 5/25/07. (hv)
May 25, 2007 Opinion or Order Filing 40 MEMORANDUM AND OPINION signed by Judge Aleta A. Trauger on 5/25/07. (hv)
May 25, 2007 Filing 39 RECEIPT #114927 in the amount of $75.00 posted on 5/25/07 for PHV Fee on behalf of Maria Crimi Speth re 36 Motion to Appear Pro Hac Vice. (jb)
May 21, 2007 Note to Filer re DE #38-Certificate of Good Standing is not in compliance with Local Rule 83.01. Attorney is directed to FILE Certificate of Good Standing from a Federal Court. (jb)
May 18, 2007 Filing 38 CERTIFICATE OF GOOD STANDING from The Supreme Court of Arizona on behalf of Maria Crimi Speth in support of 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice filed by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb).
May 18, 2007 Filing 37 AFFIDAVIT of Maria Crimi Speth in support of 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb).
May 18, 2007 Filing 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) (PHV Fee Paid & Certificate of Good Standing Not in Compliance with Local Rule 83.01) (SEE DE # 47 FOR CERTIFICATE OF GOOD STANDING IN COMPLIANCE WITH LOCAL RULE 83.01) Modified on 5/21/07 (jb). Modified on 5/25/07 (jb). Modified on 6/13/07 (jb).
May 18, 2007 Note to Filer re DE #35-Notice of Appearance filed in error as a Motion. The Motion has been termed as pending. Notice of Appearance should be filed using the Notice of Appearance event under Notices. This document does not need to be re-filed unless otherwise directed by the Court. (jb)
May 17, 2007 Filing 35 NOTICE of Entry of Appearance by William J. Shreffler & James A. Freeman III as Local Counsel for Defts. (Shreffler, William) Modified Text on 5/18/07 (jb).
May 17, 2007 Opinion or Order Filing 34 ORDER granting 32 Pltf's Motion for Leave to File Reply Brief in support of its Motion to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts. Signed by Judge Aleta A. Trauger on 5/17/07. (jb)
May 17, 2007 Note to Filer re DE #33-This document should have been filed as an attachment to the Motion for Leave DE #32. This document does not need to be re-filed unless otherwise directed by the Court. (jb)
May 16, 2007 Filing 33 REPLY to Response to Motion re 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: (1) Exhibit 1 - Article (2) Exhibit 2 - Motion for an Order (3) Exhibit 3 - Report and Recommendation)(Taber, W.) Modified Text on 5/17/07 (jb).
May 16, 2007 Filing 32 MOTION for Leave to File Reply Brief re 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction by Energy Automation Systems, Inc.. (Taber, W.)
May 4, 2007 Filing 31 RESPONSE in Opposition re 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Xcentric Ventures, LLC. (Watts, Talmage)
April 25, 2007 Filing 30 NOTICE of Filing Certificate of Service to DE Nos. 24 & 27 by Energy Automation Systems, Inc. (Attachment: (1) Exhibit - Certificate of Service)(Taber, W.) Modified Text on 4/26/07 (jb).
April 25, 2007 Opinion or Order Filing 29 ORDER: Counsel for the Pltf shall immediately serve Ms. Speth with copies of the 24 Motion to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts & the 27 Motion and Memorandum For an Extension of Time for Service of Summons and Complaint by electronic mail and/or by fax and shall file a certificate of service that he has done so. The response time for both of these motions shall be calculated from the filing of the certificate of service ordered herein. Signed by Judge Aleta A. Trauger on 4/25/07. (jb)
April 23, 2007 Filing 28 DECLARATION of Robin Rennells in support of 27 MOTION AND MEMORANDUM For an Extension of Time for Service of Summons and Complaint upon Defendant Magedson filed by Energy Automation Systems, Inc. (Taber, W.) Modified Text on 4/23/07 (jb).
April 23, 2007 Filing 27 MOTION AND MEMORANDUM For an Extension of Time for Service of Summons and Complaint upon Defendant Magedson by Energy Automation Systems, Inc. (Attachments: (1) Exhibit March 22, 2007 email (2) Exhibit February 1, 2007 newspaper article (3) Exhibit Notice of Filing in Illinois case (4) Exhibit Order in Illinois case extending time (5) Exhibit Order in Illinois case for substitute service (6) Exhibit LEXIS case)(Taber, W.) Modified Text on 4/23/07 (jb).
April 11, 2007 Filing 26 DECLARATION of Paul B. Bleiweis in support of 25 Response to Motion filed by Energy Automation Systems, Inc. (Warnock, Timothy) Modified Text on 4/12/07 (jb).
April 11, 2007 Filing 25 RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: # 1 Exhibit A - Email# 2 Exhibit B - Email# 3 Exhibit C - Letter to John Jacobson# 4 Exhibit D - Email to Bleiweis# 5 Errata - Case Law# 6 Errata - Case Law (MCW v. Badbusinessbureau.com)# 7 Errata - Case Law (Whitney v. Xcentric)# 8 Errata - Case Law (USA v. Guidant)# 9 Errata - Memorandum and Order (Whitney v. Xcentric)# 10 Errata - PressRepublican Article)(Warnock, Timothy)
April 11, 2007 Filing 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction by Energy Automation Systems, Inc. (Attachments: (1) Exhibit A - Letter to Freeman (2) Exhibit B - Email to Freeman)(Warnock, Timothy) Modified Text on 4/12/07 (jb).
March 28, 2007 Opinion or Order Filing 23 ORDER: Deft Excentric Ventures, LLC has filed a 17 Motion to Dismiss for Lack of Personal Jurisdiction. The Initial Case Management Conference scheduled for 4/9/07 is continued to be reset following a decision on this pending motion. Signed by Judge Aleta A. Trauger on 3/28/07. (jb)
March 27, 2007 Filing 22 Additional Attachments to Main Document: Exhibit A4 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb).
March 27, 2007 Filing 21 Additional Attachments to Main Document: Exhibit A3 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb).
March 27, 2007 Filing 20 Additional Attachments to Main Document: Exhibit A2 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb).
March 27, 2007 Filing 19 Additional Attachments to Main Document: Exhibit A1 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb).
March 27, 2007 Filing 18 Letter from Deputy Clerk to Maria Crimi Speth re Compliance with Local Rule 83.01. (jb)
March 27, 2007 Note to Filer re DE #17-Signed affidavits/declarations should be filed as separate events, not as attachments to other pleadings. The mandatorydescription field should be used for each exhibit filed. The mandatory description field should be used to accurately describe the contents of yourattachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient).These documents do not need to be re-filed unless otherwise directed by the Court. (jb)
March 26, 2007 Filing 17 MOTION to Dismiss for Lack of Personal Jurisdiction by Xcentric Ventures, LLC. (Attachments: (1) Exhibit 1 w/o Ex. A thereto (2) Exhibit 2 (3) Exhibit 3)(Watts, Talmage) Modified Text on 3/27/07 (jb).
March 26, 2007 Filing 16 NOTICE of Appearance by Timothy L. Warnock on behalf of Energy Automation Systems, Inc. (Warnock, Timothy)
March 5, 2007 Filing 15 AMENDED COMPLAINT against all defendants, filed by Energy Automation Systems, Inc..(Campbell, William)
February 26, 2007 Opinion or Order Filing 14 ORDER: The pltf shall file by 3/19/07 a RICO case statement. This statement shall include the facts the pltf is relying upon to initiate this RICO complaint as a result of the "reasonable inquiry" required by Fed.R.Civ.P. Rule 11. Signed by Judge Aleta A. Trauger on 2/26/07. (jb)
February 26, 2007 Opinion or Order Filing 13 ORDER: The Initial Case Management Conference scheduled for 2/26/07 at 1:15 p.m. is continued. The pltf shall file its Amended Complaint by 3/5/07. The defts shall respond to the Amended Complaint by 3/26/07. The Initial Case Management Conference is scheduled for 4/9/07 at 11:15 a.m. Signed by Judge Aleta A. Trauger on 2/26/07. (jb)
February 23, 2007 Filing 12 PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William)
February 23, 2007 Filing 11 PROPOSED CASE MANAGEMENT ORDER (NOT SIGNED BY COUNSEL) filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William) Modified on 2/23/07 (jb).
February 23, 2007 Note to Filer re DE #11-Proposed Case Management Order does not contain attorneys' signature. Filer is directed to refile with the attorneys' names typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted by facsimile signature. (jb)
January 4, 2007 Opinion or Order Filing 10 ORDER granting 9 Joint MOTION to Continue Initial Case Management Conference filed by Energy Automation Systems, Inc. Case Management Conference reset for 2/26/2007 at 01:15 PM before District Judge Aleta A. Trauger. Signed by Judge Aleta A. Trauger on 1/4/07. (hv)
January 4, 2007 Filing 9 Joint MOTION to Continue Initial Case Management Conference by Energy Automation Systems, Inc.. (Campbell, William)
January 2, 2007 Opinion or Order Filing 8 ORDER granting 7 Motion for Extension of Time to Answer; Deft Xcentric Ventures LLC answer due 1/5/2007. Signed by Judge Aleta A. Trauger on 1/2/07. (aef, )
December 29, 2006 Filing 7 MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric Ventures, LLC. (Watts, Talmage)
December 27, 2006 Filing 6 SUMMONS returned executed by Energy Automation Systems, Inc.. Xcentric Ventures, LLC served on 11/17/2006. (Campbell, William)
November 7, 2006 Filing 5 Letter from Deputy Clerk to W. Russell Taber, Esq. re Compliance with Local Rule 83.01. (jb)
November 6, 2006 Filing 4 NOTICE of Initial Case Management Conference set for Monday 1/8/2007 at 01:30 PM in Room 825 before District Judge Aleta A. Trauger. (eh)
November 6, 2006 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Energy Automation Systems, Inc. (eh)
November 6, 2006 Filing 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh)
November 6, 2006 Filing 1 COMPLAINT against Edward Magedson, Xcentric Ventures, LLC , filed by Energy Automation Systems, Inc. Filing Fee paid $350. Summons Issued. (Attachments: # 1 summons)(eh)

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Plaintiff: Energy Automation Systems, Inc.
Represented By: Timothy L. Warnock
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Defendant: Xcentric Ventures, LLC
Represented By: Talmage M. Watts
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Defendant: Edward Magedson
Represented By: Maria Crimi Speth
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