Kirschbaum v. Glass Block Innovations, Inc. et al
| Marcia Kirschbaum an individual doing business as Glass Block Lock also known as Marcia A Kirschbaum and Marcia A Kirschbaum |
| Steven Lemert, Glass Block Window Company, Glass Block Window Company LLC and Glass Block Innovations Incorporated |
| 2:2009cv02399 |
| November 16, 2009 |
| US District Court for the District of Arizona |
| Patent Office |
| G Murray Snow |
| Property Rights: Patent |
| 28 U.S.C. § 1338 |
| Defendant |
Docket Report
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This docket was last retrieved on July 27, 2010. A more recent docket listing may be available from PACER.
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| Filing 46 CLERK'S JUDGMENT-that pursuant to the Notice of Acceptance with Offer of Judgment filed on July 23, 2010, judgment is entered for the plaintiff Marcia Kirschbaum and against the defendants Glass Block Innovations, Inc.; Glass Block Window Company, Glass Block Window Co., LLC.; and Steven Lemert, jointly and severally, in the amount of $13,000.00. This amount constitutes satisfaction in full of all claims except for the arbitration award dated January 18, 2010. $13,000.00 shall be the total amount to be paid by Defendants on account of any liability claimed in this action, including all costs and attorney fees otherwise recoverable by Plaintiff, with the exception that this amount does not limit, affect or otherwise dispose of the judgment resulting from the arbitration award dated January 18, 2010. (TLJ) |
| Filing 45 NOTICE of Acceptance with Offer of Judgment by Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert (Attachments: #1 Exhibit Rule 68 Offer of Judgment)(Riley, Daniel) |
| Filing 44 STATUS REPORT by Marcia Kirschbaum. (Leach, Sid) |
Filing 43
ORDER granting #37 Motion to Compel Arbitration of Plaintiff's Claim for Patent Infringement (Count One of the Complaint). That the matters raised in Count One of Plaintiff's Complaint shall be arbitrated before Judge John Wagner with the firm of Judicate West in Orange County, California. That the remaining issues in this case relating to Count One of Plaintiff's Complaint are stayed pending arbitration. This stay does not include the separate judgment previously entered by the Court on Count Two of the Complaint pursuant to Rule 54(b), Fed. R. Civ. P. That Plaintiff file a Status Report by July 14, 2010, and thereafter every 90 days, until the stay is lifted and the matter is either resolved or ready to proceed. Signed by Judge G Murray Snow on 4/15/10.(DMT)
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| Filing 42 Remark as to attorney John Mitchell - removed from case for noncompliance with admissions procedures; party represented by other admitted counsel. (BAS) |
| Filing 41 REPLY in Support re #37 MOTION to Enforce Arbitration Agreement and MOTION to Compel Arbitration filed by Marcia Kirschbaum. (Bright, Patrick) |
| Filing 40 RESPONSE in Opposition re #37 MOTION to Enforce Arbitration Agreement and MOTION to Compel Arbitration filed by Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert. (Attachments: #1 Affidavit)(Riley, Daniel) |
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Filing 39
ORDER pursuant to General Order 05-25 granting #38 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
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| Filing 38 MOTION for Admission Pro Hac Vice as to attorney Patrick F Bright on behalf of Marcia Kirschbaum. (BAS) |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX095096 as to Patrick F Bright. (BAS) |
| Filing 37 MOTION to Enforce Arbitration Agreement and, MOTION to Compel Arbitration by Marcia Kirschbaum. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Text of Proposed Order)(Leach, Sid) |
| Filing 36 Notice re of Service of Initial Disclosure Statement by Marcia Kirschbaum (Leach, Sid) |
| Filing 35 Minute Entry for proceedings held before Judge G Murray Snow. Appearances: Sid Leach and Patrick Bright for pla; Michael Pearson for dfts. Scheduling Conference held on 3/5/2010. Status of the case is discussed. The Court defers entering a Case Management Order pending the outcome of the Motion to Compel Arbitration. Plaintiff's Motion to Compel Arbitration shall be filed by 3/19/10. Defendants' response is due in accordance with the Local Rules. (Court Reporter Gary Moll.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 34 Notice re of Filing Initial Disclosure by Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert (Riley, Daniel) |
| Filing 33 Notice of Filing Proposed Pretrial Order filed by Steven Lemert Joint Proposed Case Management Plan (Riley, Daniel) |
| Filing 32 Corporate Disclosure Statement by Glass Block Innovations, Inc., Glass Block Window Co., LLC. (Riley, Daniel) |
| Filing 31 NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 2/12/2010 as to Glass Block Innovations, Inc., Glass Block Window Co., LLC, and Glass Block Window Company. (KFZ) |
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Filing 30
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE - Pursuant to Rule 16 of the Federal Rules of Civil Procedure, a Case Management Conference set for 3/5/2010 at 9:00 AM in Courtroom 602, 401 West Washington Street, Phoenix, AZ 85003 before Judge G Murray Snow. Signed by Judge G Murray Snow on 1/26/10. (see order for details)(SAT)
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| Filing 29 JUDGMENT IN A CIVIL CASE - IT IS ORDERED AND ADJUDGED that there is no just reason to delay entry of final judgment pursuant to Federal Rule of Civil Procedure 54(b). Final Judgment is entered as to Count II of the Complaint in favor of Plaintiff and against Defendants Glass Block Window Co. LLC., and Glass Block Innovations, Inc., and against each of them, jointly and severally,in the sum of $960,116.24 plus interest at a rate of 10% per annum from 10/24/2009, until said sum is paid in full.(SAT) |
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Filing 28
ORDER CONFIRMING ARBITRATION AWARD AND DIRECTING ENTRY OF JUDGMENT PURSUANT TO RULE 54(b), FED.R.CIV.P. - Having considered Pla Marcia Kirschbaum's #24 Motion for an Order Confirming an Arbitration Award and Entry of Judgment on the Award Pursuant to Rule 54(b), Fed.R.Civ.P., IT IS HEREBY ORDERED that the arbitration award alleged in Count II of the Complaint and designated as Judicate West Case No. A128730-25, attached as Exhibit A to the Complaint, is confirmed in the sum of $960,116.24, plus interest at a rate of 10% per annum from 10/14/2009, until said sum is paid in full. FURTHER ORDERED that the Court has determined there is no just reason for delay, and the clerk of the court shall enter final jgm pursuant to Rule 54(b), Federal Rules of Civil Procedure, on the arbitration award alleged in Count II of the Complaint in favor of Pla and against Dfts Glass Block Window Co. LLC, and Glass Block Innovations, Inc, and against each of them, jointly and severally, in thesum of $960,116.24, plus interest at a rate of 10% per annum from 10/14/2009, until said sum is paid in full. Signed by Judge G Murray Snow on 1/26/10. (SAT)
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| Filing 27 ANSWER to #1 Complaint with Jury Demand by Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert.(Riley, Daniel) |
| Filing 26 RESPONSE to Motion re #24 MOTION for Judgment Pursuant to Rule 54(b) Upon Arbitration Award and Motion to Confirm Arbitration Award filed by Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert. (Riley, Daniel) |
| Filing 25 ERRATA re #24 MOTION for Judgment Pursuant to Rule 54(b) Upon Arbitration Award and Motion to Confirm Arbitration Award - Revised proposed order deleting Defendant Glass Block Window Company by Plaintiff Marcia Kirschbaum. (Attachments: #1 Text of Proposed Order Revised proposed order)(Leach, Sid) |
| Filing 24 MOTION for Judgment Pursuant to Rule 54(b) Upon Arbitration Award and Motion to Confirm Arbitration Award by Marcia Kirschbaum. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Leach, Sid) |
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Filing 23
ORDER pursuant to the parties' #22 Stipulation For Extension of Time To Answer Complaint: extending the time in which Defendants may file their Answer to the Complaint, to and including, January 15, 2010. Signed by Judge G Murray Snow on 12/16/09. (KMG, )
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| Filing 22 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re #1 Complaint by Steven Lemert, Glass Block Window Company, Glass Block Innovations, Inc., Glass Block Window Co., LLC. (Attachments: #1 Text of Proposed Order)(Riley, Daniel) |
| Filing 21 NOTICE of Appearance by Daniel Seth Riley on behalf of Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert (Riley, Daniel) |
| Filing 20 RETURN OF SERVICE of Summons and Complaint served on Glass Block Innovations, Inc. on 12/3/2009, filed by Marcia Kirschbaum. (Underhill, Albert) |
| Filing 19 RETURN OF SERVICE of Summons and Complaint served on Glass Block Window Company on 12/3/2009, filed by Marcia Kirschbaum. (Underhill, Albert) |
| Filing 18 RETURN OF SERVICE of Summons and Complaint served on Steven Lemert on 12/3/2009, filed by Marcia Kirschbaum. (Underhill, Albert) |
| Filing 17 RETURN OF SERVICE of Summons and Complaint served on Glass Block Window Co., LLC on 12/3/2009, filed by Marcia Kirschbaum. (Underhill, Albert) |
| Filing 16 Summons Issued as to Glass Block Innovations, Inc., Glass Block Window Co., LLC, Glass Block Window Company, Steven Lemert. (Attachments: #1 Glass Block Window Company, #2 Glass Block Window CO, LLC, #3 Steven Lemert)(REK). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. |
| Filing 15 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 14 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 13 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 12 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 11 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 10 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 9 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 8 SUMMONS Submitted by Marcia Kirschbaum (Underhill, Albert) |
| Filing 7 NOTICE of Appearance by Albert Lee Underhill on behalf of Marcia Kirschbaum (Underhill, Albert) |
| Filing 6 Corporate Disclosure Statement by Marcia A Kirschbaum. (Leach, Sid) |
| Filing 5 NOTICE TO FILER OF DEFICIENCY re #1 Complaint filed by Marcia A Kirschbaum. Description of deficiency: Incorrect information added to Parties. See attached PDF for further information. (BAS) |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 15 days. Corporate Disclosure Statement Deadline set for 12/1/2009 as to Marcia Kirschbaum. (BAS) |
| Filing 3 Notice of availability of Magistrate Judge (BAS) |
| Filing 2 This case has been assigned to the Honorable G Murray Snow. All future pleadings or documents should bear the correct case number: CV 09-2399-PHX-GMS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 1 COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3364184, filed by Marcia A Kirschbaum. (Attachments: #1 Exhibit A (Arbitration Award), #2 Civil Cover Sheet)(Leach, Sid) |
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