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.

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

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
January 4, 2007 10 Featured Case
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)
February 23, 2007 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 12
PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William)
February 26, 2007 13 Featured Case
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 26, 2007 14 Featured Case
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)
March 5, 2007 15
AMENDED COMPLAINT against all defendants, filed by Energy Automation Systems, Inc..(Campbell, William)
March 26, 2007 16
NOTICE of Appearance by Timothy L. Warnock on behalf of Energy Automation Systems, Inc. (Warnock, Timothy)
March 26, 2007 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 27, 2007 18
Letter from Deputy Clerk to Maria Crimi Speth re Compliance with Local Rule 83.01. (jb)
March 27, 2007 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).
November 6, 2006 1
COMPLAINT against Edward Magedson, Xcentric Ventures, LLC , filed by Energy Automation Systems, Inc. Filing Fee paid $350. Summons Issued. (Attachments: # 1 summons)(eh)
March 27, 2007 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 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 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 28, 2007 23 Featured Case
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)
April 11, 2007 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).
April 11, 2007 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 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 23, 2007 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 23, 2007 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 25, 2007 29 Featured Case
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)
November 6, 2006 2
NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh)
April 25, 2007 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).
May 4, 2007 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)
May 16, 2007 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 16, 2007 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 17, 2007 34 Featured Case
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 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 18, 2007 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 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 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 25, 2007 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)
November 6, 2006 3
CORPORATE DISCLOSURE STATEMENT filed by Energy Automation Systems, Inc. (eh)
May 25, 2007 40 Featured Case
MEMORANDUM AND OPINION signed by Judge Aleta A. Trauger on 5/25/07. (hv)
May 25, 2007 41 Featured Case
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 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)
June 11, 2007 43
MOTION to Continue Initial Case Management Conference by defts. (Shreffler, William) Modified Text on 6/12/07 (jb).
June 11, 2007 44 Featured Case
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 45 Featured Case
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 12, 2007 46 Featured Case
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 13, 2007 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 14, 2007 48 Featured Case
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 19, 2007 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.)
November 6, 2006 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)
June 20, 2007 50 Featured Case
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 20, 2007 51 Featured Case
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 21, 2007 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 53
PROPOSED CASE MANAGEMENT ORDER AMENDED filed by all parties. (Shreffler, William)
June 25, 2007 54
SUMMONS returned executed by Energy Automation Systems, Inc.. Edward Magedson served on 6/21/2007. (Taber, W.)
July 6, 2007 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).
July 11, 2007 56
ANSWER to Amended Complaint by Edward Magedson, Xcentric Ventures, LLC.(Speth, Maria)
July 17, 2007 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 17, 2007 58
PROPOSED CASE MANAGEMENT ORDER filed by the parties. (Taber, W.) Modified Text on 7/17/07 (jb).
July 20, 2007 59 Featured Case
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)
November 7, 2006 5
Letter from Deputy Clerk to W. Russell Taber, Esq. re Compliance with Local Rule 83.01. (jb)
September 28, 2007 60
PROPOSED CASE MANAGEMENT ORDER (Second) filed by the parties. (Taber, W.) Modified Text on 10/1/07 (Brooks, Joyce).
October 2, 2007 61 Featured Case
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)
October 15, 2007 62 Featured Case
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)
December 27, 2006 6
SUMMONS returned executed by Energy Automation Systems, Inc.. Xcentric Ventures, LLC served on 11/17/2006. (Campbell, William)
December 29, 2006 7
MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric Ventures, LLC. (Watts, Talmage)
January 2, 2007 8 Featured Case
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, )
January 4, 2007 9
Joint MOTION to Continue Initial Case Management Conference by Energy Automation Systems, Inc.. (Campbell, William)

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