Energen Corporation v. CertainTeed Corporation et al
| Energen Corporation |
| Energy Conversion Devices, Inc and CertainTeed Corporation |
| 2:2010cv00240 |
| February 1, 2010 |
| US District Court for the Northern District of Alabama |
| Southern Office |
| Jefferson |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on March 30, 2011. A more recent docket listing may be available from PACER.
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Filing 43
TEXT ORDER - This matter is before the court on the informal request by the parties to extend the deadline to conduct mediation. For good cause shown, the request is GRANTED. The Mediation Order dated March 10, 2011 (Doc. #44 in 2:10-cv-02039-RDP, Doc. #40 in 2:10-cv-00240-RDP) is AMENDED as follows: The mediation shall be completed on or before May 20, 2011. Signed by Judge R David Proctor on 03/30/11. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(SFR, )
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Filing 42
TEXT ORDER-This case is before the court on the parties' Joint Motion to Amend Scheduling Order to Extend Certain Deadlines (Doc. # 41), filed March 15, 2011. For good cause shown, the motion is GRANTED. Accordingly, the deadlines are extended as follows: Energen's expert report is due on or before May 27, 2011; CertainTeed's expert report is due on or before June 27, 2011; discovery is to be completed on or before August 2, 2011; and dispositive motions are due on or before August 11, 2011. Signed by Judge R David Proctor on 3/16/2011. (AVC)
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| Filing 41 Joint MOTION to Amend Scheduling Order to Extend Certain Deadlines by Energen Corporation. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Denniston, Michael) Modified on 3/16/2011 (AVC). |
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Filing 40
MEDIATION ORDER- This case is appropriate for mediation. The parties are DIRECTED to select a mediator from the Court Panel of Neutrals or an alternate mediator agreed upon by the parties within ten (10) days of the date on which this order is filed. Once a mediator is selected, the parties are to notify the court's Courtroom Deputy. The mediation shall be completed by 4/29/2011. Within ten (10) days following mediation, the mediator will report to the court only that a settlement was reached or mediation was conducted and no settlement agreements were reached, whether each party acted in good faith to resolve the matter, and nothing more. Signed by Judge R David Proctor on 3/10/2011. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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| Filing 39 ANSWER to Complaint for Declaratory Judgment by Energen Corporation.Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Denniston, Michael) |
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Filing 38
TEXT ORDER - This matter is before the court on Energen Corporation's unopposed Motion for Leave to File Answer to Complaint for Declaratory Judgment (10cv240 Doc. # 37; 10cv2039 Doc. # 41), filed December 27, 2010. The motion is GRANTED. Energen Corporation is DIRECTED to file the proposed Answer with the Clerk of the Court. Signed by Judge R David Proctor on 12/28/10. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(SFR, )
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| Filing 37 MOTION for Leave to File Answer to Complaint for Declaratory Judgment by Energen Corporation. (Attachments: # 1 Exhibit Proposed Answer)Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Denniston, Michael) |
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Filing 36
TEXT ORDER- This matter is before the court on the Motion for Leave to Withdraw (10cv240, Doc. # 35; 10cv2039, Doc. # 39), filed December 22, 2010, by attorney Brian M. Vines, The motion is GRANTED, Attorney Vines is terminated. Signed by Judge R David Proctor on 12/27/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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| Filing 35 MOTION to Withdraw as Attorney Motion of Brian Vines for Leave to Withdraw as Counsel of Record by Energen Corporation. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Vines, Brian) |
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Filing 34
AMENDED ORDER OF DISMISSAL-This case is before the court on the Joint Stipulation of Dismissal 32 . It is hereby ORDERED that the action against defendant Energy Conversion Devices, Inc. is DISMISSED WITHOUT PREJUDICE. Signed by Judge R David Proctor on 10/6/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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Filing 33
ORDER OF DISMISSAL-This case is before the court on the Joint Stipulation of Dismissal 32 (Doc# 36 in 2:10-cv-02039-RDP). In light of the stipulation, Energy Conversion Devices, Inc.'s Motion to Dismiss (Doc# 27 in 2:10-cv-00240-RDP, Doc# 31 in 2:10-cv-02039-RDP) is MOOT. It is hereby ORDERED that the action against Energy Conversion Devices, Inc. is DISMISSED WITH PREJUDICE. Signed by Judge R David Proctor on 10/6/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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| Filing 32 JOINT Stipulation of Dismissal of Energy Conversion Devices by Energen Corporation. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Vines, Brian) Modified on 10/6/2010 (AVC). |
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Filing 31
TEXT ORDER-The briefing schedule on the Motion of Defendant Energy Conversion Devices, Inc. to Dismiss for Lack of Personal Jurisdiction (Doc. # 27), filed September 24, 2010 is revised as follows: Plaintiff's response to Defendant's motion is due on or before October 7, 2010. Any reply by Defendant is due on or before October 12, 2010. Signed by Judge R David Proctor on 9/28/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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Filing 30
TEXT ORDER-This matter is before the court on the Motion of Defendant Energy Conversion Devices, Inc. to Dismiss for Lack of Personal Jurisdiction (Doc. # 27), filed September 24, 2010. Plaintiff's response to Defendant's motion is due on or before September 30, 2010. Any reply by Defendant is due on or before October 5, 2010. Signed by Judge R David Proctor on 9/28/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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Filing 29
SCHEDULING ORDER: that certain time limits apply as set out in this order; Amended Pleadings due by 12/15/2010. Discovery due by 6/3/2011. Dispositive Motions due by 7/11/2011. Pretrial in September 2011; Mediation Order March 2011. This case will be trial ready in October 2011. Signed by Judge R David Proctor on 09/27/10. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(CVA)
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| Filing 28 Brief re(31 in 2:10-cv-02039-RDP) MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Burkholder, David) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction by Energy Conversion Devices, Inc. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Burkholder, David) |
| Filing 26 ANSWER to Complaint and Affirmative Defenses by CertainTeed Corporation.Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Burkholder, David) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(Denniston, Michael) |
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Filing 24
ORDER- It is hereby ORDERED, the March 8, 2010 stay is LIFTED and Case No. 2:10-cv-240-RDP and 2:10-cv-2039-RDP are CONSOLIDATED. In the future, all pleadings or other documents should be electronically filed only in the lead case, Case No. 2:10-CV-240-RDP, but should bear the style set forth in this Order. Signed by Judge R David Proctor on 8/18/2010. Associated Cases: 2:10-cv-00240-RDP, 2:10-cv-02039-RDP(AVC)
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| Filing 23 TEXT ENTRY ORDER: Before the Court is Defendant's informal request to reschedule the Scheduling Conference, currently set for Wednesday, September 29, 2010 at 10:00 a.m. Without objection, the request is GRANTED. The Scheduling Conference is RESET to 9/27/2010 at 2:00 PM in the judge's chambers, located at the Hugo L Black US Courthouse, in Birmingham, AL before Judge R David Proctor. (KLL) |
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Filing 22
TEXT ORDER-This matter is before the court on the parties' Joint Motion to Continue Deadlines (Doc. # 21) filed August 10, 2010. The parties' motion seeks an approximately one-month extension of (1) the deadline to meet and confer regarding a proposed scheduling order, and (2) the scheduling conference. While the court is surprised as to the length of time requested to accomplish such simple matters, it is willing to trust that counsel requires the extension; therefore, the motion is GRANTED. The scheduling conference previously set at 10:00 a.m. on August 18, 2010 is RE-SET for 10:00 a.m. on Wednesday September 29. 2010. Counsel shall meet and confer regarding a schedule for discovery and file a proposed scheduling order on or before Wednesday, September 18, 2010. Signed by Judge R David Proctor on 8/11/2010. (AVC)
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| Filing 21 Joint MOTION to Continue Deadlines by CertainTeed Corporation, Energy Conversion Devices, Inc. (Burkholder, David) |
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Filing 20
TEXT ORDER - This case is SET for a scheduling conference at 10:00 a.m. on Wednesday, August 18, 2010, in chambers of the undersigned located at 730 Hugo L. Black United States Courthouse,1729 5th Avenue North, Birmingham, Alabama. On or before Wednesday, August 11, 2010, counsel shall meet and confer regarding a schedule for discovery and file a proposed scheduling order. Signed by Judge R David Proctor on 08/06/10. (SFR, )
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| Filing 19 JOINT STATUS REPORT by Energen Corporation. (Attachments: # 1 Exhibit A - Order granting Motion to Transfer)(Vines, Brian) Modified on 7/29/2010 (AVC). |
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Filing 18
TEXT ORDER - This matter is before the court on the Joint Status Report filed June 30, 2010 (Doc. # 17). In light of the matters contained therein, this matter shall remain STAYED. On or before September 1, 2010, or within three (3) days of a decision on the pending motion(s) in the New York case, Case No. 10-CV-0377-SHS, whichever occurs first, the parties are DIRECTED to file a joint status report informing this court of that court's decision. Signed by Judge R David Proctor on 07/01/10. (SFR, )
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| Filing 17 JOINT STATUS REPORT in Response to 5-11-2010 Order by Energen Corporation. (Vines, Brian) Modified on 6/30/2010 (AVC). |
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Filing 16
TEXT ORDER - This matter is before the court on the Joint Status Report filed May 10, 2010 (Doc. # 15). In light of the matters contained therein, this matter shall remain STAYED. On or before July 1, 2010 or within three (3) days of a decision on the pending motion(s) in the New York case, Case No. 10-CV-0377-SHS, whichever occurs first, the parties are DIRECTED to file a joint status report informing this court of that court's decision. Signed by Judge R David Proctor on 05/11/10. (SFR, )
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| Filing 15 STATUS REPORT Joint Report of Status of New York Proceeding by Energen Corporation. (Vines, Brian) |
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Filing 14
ORDER granting 13 Joint MOTION to Stay; on or before 5/7/2010, the parties are DIRECTED to file a joint status report regarding the status of the New York case; furthemore, the Clerk is DIRECTED to ADMINISTRATIVELY TERMINATE dfts' 6 MOTION to Dismiss, Transfer and/or Stay. Signed by Judge R David Proctor on 3/8/2010. (KSS, )
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| Filing 13 Joint MOTION to Stay by Energen Corporation. (Attachments: # 1 Exhibit Exhibit A)(Vines, Brian) |
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Filing 12
TEXT ORDER - Before the court are two Motions for Admission Pro Hac Vice seeking the pro hac vice admission of Christopher D. Olszyk, Jr. and M. Kelly Tillery (Docs. # 9 and 10), filed March 2, 2010. The Motions (Docs. # 9 and 10) are GRANTED. Signed by Judge R David Proctor on 03/03/10. (SFR, )
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Filing 11
ALND UNIFORM INITIAL ORDER GOVERING ALL FURTHER PROCEEDINGS reminding parties of their obligations under FRCP26(f) and LR26.1(d) - with appendices attached. Signed by Judge R David Proctor on 3/2/2010. (KSS, )
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| Filing 10 MOTION for Leave for M. Kelly Tillery to Appear Pro Hac Vice by CertainTeed Corporation, Energy Conversion Devices, Inc. (KSS, ) |
| Filing 9 MOTION for Leave for Christopher D. Olszyk, Jr., to Appear Pro Hac Vice by CertainTeed Corporation, Energy Conversion Devices, Inc. (KSS, ) |
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Filing 8
ORDER re 6 MOTION to Dismiss, the parties SHALL brief the issues raised by dfts' motion in accordance with Exhibit B attached, any non-summary judgment motions filed after the entry of this order, SHALL comply with attached Exhibit B. Signed by Judge R David Proctor on 3/2/2010. (KSS, )
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| Filing 7 Brief Memorandum of Law in Support of Motion of Defendants Certainteed Corporation and Energy Conversion Devices, Inc. to Dismiss, Transfer and/or Stay. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7)(Tankersley, Will) |
| Filing 6 MOTION to Dismiss Motion of Defendants Certainteed Corporation and Energy Conversion Devices, Inc. to Dismiss, Transfer and/or Stay by CertainTeed Corporation, Energy Conversion Devices, Inc. (Attachments: # 1 Exhibit Attachments 1-4)(Tankersley, Will) |
| Filing 5 SUMMONS Returned Executed by Energen Corporation. Energy Conversion Devices, Inc served on 2/15/2010, answer due 3/8/2010. (Vines, Brian) |
| Filing 4 SUMMONS Returned Executed by Energen Corporation. CertainTeed Corporation served on 2/8/2010, answer due 3/1/2010. (Vines, Brian) |
| Filing 3 Summons Issued as to CertainTeed Corporation, Energy Conversion Devices, Inc., delivered to plaintiff for service. (KSS, ) |
| Filing 2 NOTICE of Corporate Disclosure by Energen Corporation. (KSS, ) |
| Filing 1 COMPLAINT against all Defendants (Filing fee $ 350.00, receipt # B4601009236.), filed by Energen Corporation.(KSS, ) |
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