Sutton v. Shasta Industries Incorporated et al
| Sam Sutton |
| Patio Pools of Tucson Incorporated, Tribal Waters Incorporated, CPC Crystal Pool Care Incorporated an Arizona corporation doing business as Aquienta Pools and Landscaping, Rondo Pools and Spas Incorporated, Dolphin Pool Construction Company, Shasta Industries Incorporated, Arizona Rainfall Incorporated, Nautica Pools LLC and Dolphin Pool Construction Company Incorporated |
| 2:2020cv02320 |
| December 1, 2020 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Deborah M Fine |
| Property Rights: Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 40 MANDATE of Federal Circuit (21-02314) re: #34 Notice of Appeal filed by Sam Sutton. In accordance with the judgment of this Court, entered 3/11/22, and pursuant to Rule 41 of the Federal Rules of Appellate Procedure, the formal mandate is hereby issued. (BAC) |
| Filing 39 JUDGMENT of Federal Circuit (21-02314) re: #34 Notice of Appeal filed by Sam Sutton. THIS CAUSE having been heard and considered, it is ORDERED and ADJUDGED: PER CURIAM (REYNA, MAYER, and CUNNINGHAM, Circuit Judges). AFFIRMED. See Fed. Cir. R. 36.(BAC) |
Filing 38
ORDER - IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that attorneys' fees and costs in the amount of $53,477.29 (consisting of $514.29 in costs and $52,963 in attorneys' fees) are awarded in favor of Defendant Shasta Industries, Inc and against Plaintiff Sam Sutton, with interest thereon to accrue at the rate of.09% per annum, compounded annually, until paid pursuant to 28 U.S.C. 1961. Signed by Judge Susan M Brnovich on 10/8/2021. (WLP)
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| Filing 37 *REPLY to Response to Motion re: #36 MOTION for Attorney Fees and Costs/ Notice of Non-Opposition to Motion for Attorneys' Fees and Costs by Shasta Industries Incorporated. (Kartchner, Todd) *Modified to correct event, text, and add document link on 10/7/2021 (REK). |
| Filing 36 MOTION for Attorney Fees and Costs by Shasta Industries Incorporated. (Attachments: #1 Exhibit Exhibit 1, #2 Proposed Order Proposed Judgment)(Kartchner, Todd) |
| Filing 35 Federal Circuit Case Number re: #34 Notice of Appeal. Case number 2021-2314, Federal Circuit. (DXD) |
| Filing 34 NOTICE OF APPEAL to Federal Circuit re: #33 Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Dismiss/Lack of Jurisdiction by Sam Sutton. Filing fee received: $ 505.00, receipt number 0970-19855252. (Sutton, Samuel) |
| APPEAL REMARK: Copy of #34 Notice of Appeal, #33 Order, and Docket Sheet sent electronically and received at the Federal Circuit Court of Appeals on this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) |
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Filing 33
ORDER: Shasta's Motion to Dismiss #8 , is granted, with prejudice. IT IS FURTHER ORDERED that Shasta file a motion for attorneys' fees and costs with this Court within thirty (30) days. Signed by Judge Susan M Brnovich on 8/19/2021. (REK)
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| Filing 32 NOTICE of Attorney Withdrawal of Cameron Johnson Within the Same Law Firm filed by Brett Christopher Gilmore. (Gilmore, Brett) |
| Filing 31 Corporate Disclosure Statement by Shasta Industries Incorporated. (Kartchner, Todd) |
| Filing 30 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 14 days. Corporate Disclosure Statement Deadline set as to Shasta Industries Incorporated. (ESG) |
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Filing 29
The Court has reviewed Plaintiff's Request for Leave To File Supplemental Response To New Matter In Shasta Reply (Doc. #24 ), Shasta's response to this request (Doc. #26 ) and Plaintiff's reply (Doc. #27 ). IT IS ORDERED denying Plaintiff's #24 Request. Ordered by Judge Susan M. Brnovich. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (ESG)
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| Filing 28 MINUTE ORDER: Pursuant to #15 Order, Dolphin Pool Construction Company Incorporated (an Arizona corporation), Nautica Pools LLC (an Arizona limited liability company), Patio Pools of Tucson Incorporated (an Arizona corporation), Rondo Pools and Spas Incorporated (an Arizona corporation), Tribal Waters Incorporated (an Arizona corporation), Arizona Rainfall Incorporated (an Arizona corporation) and CPC Crystal Pool Care Incorporated (an Arizona corporation) terminated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) |
| Filing 27 REPLY to Response to Motion re: #24 MOTION for Leave to File Supplemental Response filed by Sam Sutton. (Sutton, Samuel) |
| Filing 26 RESPONSE in Opposition re: #24 MOTION for Leave to File Supplemental Response filed by Shasta Industries Incorporated. (Gilmore, Brett) |
| Filing 25 NOTICE of Attorney Withdrawal Courtney R. Beller filed by Todd Stephen Kartchner. (Kartchner, Todd) |
| Filing 24 *MOTION/ Request for Leave to File Supplemental Response to New Matter in Shasta Reply filed by Sam Sutton. (Sutton, Samuel) *Modified to correct event and text on 1/27/2021 (REK). |
| Filing 23 REPLY to Response to Motion re: #8 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Shasta Industries Incorporated. (Gilmore, Brett) |
| Filing 22 RESPONSE in Opposition re: #8 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Sam Sutton. (Sutton, Samuel) |
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Filing 18
ORDER - IT IS ORDERED granting Shasta's request for a preliminary injunction (Doc. #7 ); IT IS FURTHER ORDERED: Sutton and any person or entity in active concert or participation with him is enjoined from: i. publicly disseminating any statements regarding Shasta's purported infringement of patents, including but not limited to the PPRP Patent; and ii. engaging in any other activities that would constitute a breach of the Settlement Agreement. (See document for further details). Signed by Judge Susan M Brnovich on 1/4/2021. (LAD)
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| Filing 21 Additional Attachments to Main Document re: #20 Exhibit List by Defendant Shasta Industries Incorporated (page 2) (ESG) |
| Filing 20 *Exhibit List by Shasta Industries Incorporated. (ESG) Docket text modified on 1/7/2021 due to incorrect event selected. |
| Filing 19 Witness List by Shasta Industries Incorporated. (ESG) |
| Filing 17 MINUTE ENTRY for proceedings held before Judge Susan M. Brnovich: Motion Hearing held on 12/18/2020. The #7 Motion for Preliminary Injunction is taken under advisement. The Temporary Restraining Order previously entered remains in effect pending ruling on the Motion for Preliminary Injunction. (Court Reporter Christine Coaly.) Hearing held 2:01 PM to 3:56 PM.(ESG) |
| Filing 16 RESPONSE in Opposition re: #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Sam Sutton. (Attachments: #1 Exhibit)(Sutton, Samuel) |
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Filing 15
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on March 1, 2021. Signed by Judge Susan M. Brnovich on 12/16/2020. (ESG)
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Filing 14
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 12/16/2020. (ESG)
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Filing 13
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 12/16/2020. (ESG)
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Filing 12
ORDER A hearing has been set for Friday, December 18, 2020. The parties are advised that this is an evidentiary hearing on the request for a preliminary injunction. ORDERED by Judge Susan M. Brnovich on 12/15/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG)
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Filing 11
TEMPORARY RESTRAINING ORDER - IT IS ORDERED as follows: A. Sutton and any person or entity in active concert or participation with him is enjoined from: i. publicly disseminating any statements regarding Shasta's purported infringement of patents that have been lawfully assigned to Shasta, including but not limited to the PPRP Patent; and ii. engaging in any other activities that would constitute a breach of the Settlement Agreement. B. This Order shall be promptly be filed in the clerk's office and entered in the record. C. This Order is entered on December 14, 2020 at 2:30 p.m. and shall expire 10 days after entry. IT IS FURTHER ORDERED setting a hearing on the requested preliminary injunction for December 18, 2020 at 2:00 p.m. (1 hour allowed) in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Susan M Brnovich. See document for details. Signed by Judge Susan M Brnovich on 12/14/2020. (MHW)
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| Filing 10 Additional Attachments to Main Document re: #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Proposed Order to Application for Emergency TRO by Defendant Shasta Industries Incorporated. (Kartchner, Todd) |
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Filing 9
ORDER this case be reassigned, by lot, to another Judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable Susan M. Brnovich. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-20-2320-PHX-SMB. FURTHER ORDERED vacating any pending hearings to be reset by the newly assigned division. Signed by Magistrate Judge Deborah M. Fine on 12/14/20. (NKS)
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| Filing 8 *First MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Shasta Industries Incorporated. (Attachments: #1 Exhibit Exhibit)(Kartchner, Todd) *Modified on to correct motion type and added MOTION to Dismiss for Lack of Jurisdiction 12/15/2020 (REK). |
| Filing 7 *MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction by Defendant Shasta Industries Incorporated. (Attachments: #1 Exhibit)(Kartchner, Todd) *Modified to correct and add event; attorney noticed on 12/14/2020 (SLQ). NEF regenerated to Defendant's counsel only on 12/14/2020 (wrong event used) (NKS). |
| Filing 6 NOTICE TO SELF-REPRESENTED LITIGANT re informational documents attached: (1) Notice to Self-Represented Litigant, (2) Federal Court Self-Service Clinic Flyer, (3) Fed. R. Civ. P. 5.2, and (4) Notice and Request re Electronic Noticing. (MCO) |
| Filing 5 Summons Issued as to Arizona Rainfall Incorporated, CPC Crystal Pool Care Incorporated, Dolphin Pool Construction Company, Nautica Pools LLC, Patio Pools of Tucson Incorporated, Rondo Pools and Spas Incorporated, Shasta Industries Incorporated, Tribal Waters Incorporated. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(MCO) |
| Filing 4 NOTICE of Filing - Copyright, Trademark or Patent Information -AO-120 filed by Sam Sutton. (MCO) |
| Filing 3 Filing fee paid, receipt number 0970-18933111. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV 20-2320-PHX-DMF. Magistrate Election form attached. (MCO) |
| Filing 2 SUMMONS Submitted by Sam Sutton. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(MCO) |
| Filing 1 COMPLAINT FOR PATENT INFRINGEMENT. Filing fee received: $ 402.00, receipt number 0970-18933111 filed by Sam Sutton. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO) |
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