TMC Enterprises v. Alert Safety Lite Products Company et al
| TMC Enterprises, Thomas J Miller and Voltec Industries Inc |
| Alert Stamping and Manufacturing Company |
| Alert Safety Lite Products Company |
| Tasco Industries Inc |
| 2:2004cv02984 |
| April 28, 2004 |
| US District Court for the Central District of California |
| Margaret M Morrow |
| Carla Woehrle |
| Patent |
| 15 U.S.C. § 1126 Patent Infringement |
| Defendant |
Docket Report
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| Filing 56 STIPULATION Of Dismissal of All Claims and Countercliams With Prejudice Pursuant to Rule 41(a)(1)(ii) of the Federal Rules of Civil Procedure by Judge Margaret M. Morrow: IT IS SO ORDERED. (dw, ) |
Filing 55
ORDER Dismissing Civil Action by Judge Margaret M. Morrow: IT IS THEREFORE ORDERED that this action is hereby dismissed without costs and without prejudice to the right upon good cause shown wihtin 30 days to re-open the action if settlement is not consummated. re Amended Complaint 2 , (Made JS-6. Case Terminated.)(dw, )
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| Filing 54 NOTICE of Settlement Pursuant to LR 16-14.7 filed by Plaintiffs Thomas J Miller, Voltec Industries Inc, TMC Enterprises, Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (dw, ) |
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Filing 53
JOINT STIPULATION AND ORDER REGARDING AENDMENT OF CASE SCHEDULE by Judge Margaret M. Morrow : DENIED AS MOOT.(dw, )
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| Filing 52 REPLY filed by Defendants and Counterclaimants Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company to Plaintiff's Intial Claim Construction Brief 49 (yl, ) |
| Filing 51 DECLARATION of Sean R Murray in Reply To Defendant's Initial Claim Construction Brief 50 filed by Thomas J Miller, Tasco Industries Inc and Voltec Industries Inc. (yl, ) |
| Filing 50 REPLY TO DEFENDANT'S INTIAL Claim Construction Brief 49 filed by Plaintiff s and Counterdefendants Thomas J Miller, Tasco Industries Inc and Voltec Industries Inc (yl, ) |
| Filing 49 PLAINTIFFS INITIAL CLAIM CONSTRUCTION BRIEF filed by Plaintiffs, Counter Defendants Thomas J Miller, Voltec Industries Inc, TMC Enterprises. (jp, ) |
| Filing 48 DECLARATION of William J Clemens filed in support of CLAIM CONSTRUCTION BRIEF 45 filed by Counter Claimants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (syb, ) |
| Filing 47 DECLARATION of Sean M Murray filed by Defendants and Counter Claimants Alert Stamping and Manufacturing Company, Alert Safety Lite Products Company.(mu, ) |
| Filing 46 AMENDED JOINT CLAIM CONSTRUCTION CHARTS 44 filed by Defendants and Counter Claimants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company (mu, ) |
| Filing 45 CLAIM CONSTRUCTION BRIEF filed by defendant Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (pj, ) |
| Filing 44 Joint Claim Construction Charts filed by Defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company(lm, ) |
| Filing 43 MINUTES OF Telephone Conference held. The parties are directed to file a Joint Claim Construction Chart on or before February 4, 2005. The parties are directed to file their initial briefs on or before February 18, 2005. Reply briefs March 4, 2005. Markman haering for April 4, 2005 at 9:00am by Judge Margaret M. Morrow :Court Reporter: None Appearing. (pj, ) . |
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Filing 42
STIPULATED PROTECTIVE ORDER by Judge Carla Woehrle (pj, )
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Filing 41
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by Deborah Swedlow for Alert Safety Lite Products Company; Alert Stamping and Manufacturing Company; designating Carlo F Van den Bosch as local counsel. Fee PAID. Approved by Judge Margaret M. Morrow.(mch, )
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| Filing 40 NOTICE OF DEFICIENCY Re: The Clerk cannot enter the requested relief as Proof of service lacking required information. T-Shirts Plus - person/capacity of person accepting service missing. Close Out Store - Last name of person accepting service missing. (bg, ) |
| Filing 37 REPLY to Counterclaims of Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company filed by counterdefendant Thomas J Miller, TMC Enterprises, Voltec Industries Inc. Demand for Jury Trial(bg, ) |
| Filing 39 MINUTES OF Proceedings: Scheduling Conference held and counsel are present. Amended Pleadings due by 10/18/2004. Fact Discovery cut-off 2/18/2005. Motions hearing cut off 5/23/2005. Jury Trial set for 7/12/2005 08:30 AM before Honorable Margaret M. Morrow. Pretrial Conference set for 6/27/2005 09:00 AM before Honorable Margaret M. Morrow. Further Telephone Conference set for 1/12/2005 05:00 PM before Honorable Margaret M. Morrow.Court Reporter: David Salyer. (bg, ) |
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Filing 38
ORDER by Judge Margaret M. Morrow, case ordered to a private mediator based upon a stipulation of the parties. Conference to be held no later than 3/28/05.(bg, )
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| Filing 36 ANSWER to Amended Complaint, 34 with jury demand, COUNTERCLAIM against Thomas J Miller, TMC Enterprises, Voltec Industries Inc ; jury demand, filed by defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company.(bg, ) |
| Filing 35 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 2 weeks. (bg, ) |
| Filing 34 SECOND AMENDED COMPLAINT against defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company amending Complaint - (Discovery) 1 ; Jury Demand; filed by plaintiffs TMC Enterprises, Voltec Industries Inc, and Thomas J Miller. (mg, ) |
| Filing 33 MINUTES by Judge Margaret M. Morrow: Scheduling conference held. Court directs TMC Enterprises, Voltec Industries Inc and Thomas J Miller to file a Second Amended Complaint no later than 9/7/04. Alert Safety Lite Products Company shall file its answer and counterclaim no later than 9/14/04. TMC Enterprises, Voltec Industries Inc and Thomas J Miller shall file its answer to the counterclaim no later than 9/21/04. Parties are directed to file a Joint Report no later than 9/13/04. Further Scheduling Conference is set for 9/20/2004 at 09:00 AM.Court Reporter: David Salyer. (mg, ) |
| Filing 32 JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial two weeks. (bg, ) |
| Filing 31 ADR PILOT PROGRAM QUESTIONNAIRE filed by attorney Jesse A Rothwell, Carlo F Van Den Bosch on behalf of Defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company, ThirdParty Defendant Thomas J Miller, Plaintiff TMC Enterprises.(bg, ) |
| Filing 30 PROOF OF SERVICE filed by defendants/counterclaimants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. Served order on stipulation regarding serviceof third party complaint and clairification on plaintiff identity upon John W Holcomb, Esq. by mail on 8/11/04. (bg, ) |
| Filing 28 CERTIFICATION AND NOTICE of Interested Parties filed by Third Party Defendants Thomas J Miller, Voltec Industries Inc. (bg, ) |
| Filing 27 ANSWER to Third Party Complaint, 18 , COUNTERCLAIM against Alert Safety Lite Products Company filed by third party defendants Thomas J Miller, Voltec Industries Inc.(bg, ) |
| Filing 26 ANSWER to Counterclaim filed by defendant Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company.(bg, ) |
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Filing 25
STIPULATION AND ORDER by Judge Margaret M. Morrow: The third party complaint of defendants Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company is deemed served upon third party defendants Thomas J Miller and Voltec Industries Inc as of 7/8/04. Tasco Industries Inc, originally appearing as TMC Enterprises, a division of Tasco Industries Inc, is the actual plaintiff and counterdefendant in this action, and based thereupon the third party complaint against Tasco Industries, Inc is hereby dismissed without prejudice. Third party defendant Tasco Industries Inc is terminated.(mg, )
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Filing 29
STIPULATION AND ORDER by Judge Margaret M. Morrow granting third party defendants Thomas J Miller and Voltec Industries Inc to answer third party complaint until 8/10/2004 and Alert Safety shall have until 8/10/04 to answer or respond to the counterclaims of Tasco Industries Inc.by Judge Margaret M. (bg)
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| Filing 24 NOTICE of Telephonic appearance at 8/30/04 scheduling conference filed by defendant/counterclaimants and third party plaintiffs Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (bg, ) |
| Filing 23 MINUTES OF Proceedings In Chambers - Court Order Counsel are notified that a Scheduling Conference has been set for 8/30/2004 09:00 AM before Honorable Margaret M. Morrow. Counsel are directed to comply with Rule 26(f) of the FRCP in a timely fashion and to file a Joint Rule 26(f) Report on or before 8/20/04. The Court request that a conformed courtesy copy of the report be delivered to chambers in the Roybal Building on the day it is filed. Court Reporter: Not Reported. (bg, ) |
| Filing 21 REPLY to Counterclaim 19 with jury demand, COUNTERCLAIM against Alert Safety Lite Products Company ; jury demand, filed by plantiff/counterdefendant TMC Enterprises.(bg, ) |
| Filing 22 PROOF OF SERVICE Executed by Defendant and Counter Claimants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company, upon TMC Enterprises served on 6/15/2004, answer due 7/6/2004. The Summons and Complaint, answer were served by personal service, by no statute indicated statute, upon John W Holcomb Esq. Due Dilligence declaration not attached. Original Summons not returned. (pj, ) |
| Summons Issued re Third Party Complaint, 18 as to Thomas J Miller, Tasco Industries Inc, Voltec Industries Inc. (rl, ) |
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Filing 20
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Answer submitted by Defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company received on 6/15/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(mg, )
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Filing 17
NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Margaret M. Morrow ORDERING Complaint of Third Party and Notice submitted by Defendants, received on 6/16/04, to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(mg, )
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| Filing 18 COMPLAINT OF THIRD PARTY PLAINTIFFS against third party defendants Thomas J Miller, Tasco Industries Inc and Voltec Industries Inc; Jury Demand; filed by defendants and third party plaintiffs Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company.(mg, ) |
| Filing 16 NOTICE of Interested Parties filed by Defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (bg, ) |
| REPORT ON THE FILING OF AN ACTION REGARDING PATENT OR TRADEMARK (cc: form mailed to Washington, D.C.) (Opening) (bg, ) |
| Filing 19 ANSWER to First Amended Complaint 2 with Jury Demand, and COUNTERCLAIM against TMC Enterprises filed by defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company.(mg, ) |
| Filing 14 MINUTES OF Proceedings: Order Vacating Order to Show Cause. On 5/27/04, the Court issued an order show cause regarding lack of prosecution in error. Accordingly, the Order to Show Cause dated 5/27/04, is hereby vacated. Court Reporter: Not reported. (bg, ) |
| Filing 12 MINUTES OF Proceedings: Order to Show Cause regarding Dismissal regarding Lack of Prosecution. Order to Show Cause in writing on or before 6/7/2004 why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the FRCP, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submited upon the filing of plaintiffs response. Court Reporter: Not Present. (bg, ) |
| Filing 11 PROOF OF SERVICE Executed by TMC Enterprises, upon Alert Safety Lite Products Company served on 5/4/2004, answer due 5/24/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon James Kovacik, President. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) |
| Filing 10 PROOF OF SERVICE Executed by TMC Enterprises, upon Alert Stamping and Manufacturing Company served on 5/4/2004, answer due 5/24/2004. The Summons and Complaint were served by personal service, by FRCP statute, upon James Kovacik, President. Due Dilligence declaration not attached. Original Summons not returned. (bg, ) |
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Filing 15
STIPULATION REGARDING EXTENSION OF TIME TO RESPOND TO COMPLAINT AND ORDER by Judge Margaret M. Morrow : Order granting defendant Alert Safety Lite Products Company answer due 6/15/2004 by Judge Margaret M. Morrow, (bg, )
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Filing 13
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by J Michael Huget for Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company, designating Charles F Van den Bosch as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, )
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| FAX number for Attorney J Michael Huget is 734-995-1777. (bg, ) |
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Filing 9
APPLICATION AND ORDER of Non-Resident Attorney to Appear in a Specific Case by John C Blattner for Alert Safety Lite Products Company and Alert Stamping and Manufacturing Company, designating Carlo F Van den Bosch as local counsel. Fee Paid. Approved by Judge Margaret M. Morrow.(bg, )
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| FAX number for Attorney John C Blattner is 734-995-1777. (bg, ) |
| FAX number for Attorney Carlo F Van Den Bosch is 714-512-5130. (bg, ) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. Transfer of case declined by Judge Percy Anderson, for the reasons set forth on this order. Related Case No. CV03-2332 PA(RCx)(hg, )
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| PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 03-2332 PA (RCx). (rn, ) |
| Filing 7 PROOF OF SERVICE Executed by TMC Enterprises, upon Alert Stamping and Manufacturing Company. The Summons and Complaint were served by substitute service, by FRCP statute, upon James Kovacik, President (date served missing). Due Dilligence declaration not attached. Original Summons not returned. (bg, ) |
| Filing 6 PROOF OF SERVICE Executed by TMC Enterprises, upon Alert Safety Lite Products Company. The Summons and Complaint were served by substitute service, by FRCP statute, upon James Kovacik, President (date served missing). Due Dilligence declaration not attached. Original Summons not returned. (bg, ) Modified on 5/17/2004 (bg, ). |
| Summons Issued re First Amended Complaint 2 (bg, ) |
| Filing 2 FIRST AMENDED COMPLAINT against defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company amending Complaint - (Discovery) 1 ,filed by plaintiff TMC Enterprises. Issued summons on first amended complaint (bg, ) |
| Filing 5 NOTICE of Related Case(s) filed by Plaintiff TMC Enterprises. Related Case(s): CV 03-2332 PA (RCx) (rn, ) |
| Filing 4 NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, ) |
| Filing 3 CERTIFICATION and NOTICE of Interested Parties filed by Plaintiff TMC Enterprises. (jag, ) |
| Filing 1 COMPLAINT against defendants Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (Filing fee $150.) filed by plaintiff TMC Enterprises.(jag, ) |
| FAX number for Attorney John W Holcomb, Jesse A Rothwell is 949-760-9502. (jag, ) |
| REPORT ON THE FILING OF AN ACTION REGARDING PATENTS (cc: form mailed to Washington, D.C.) (Opening) (jag, ) |
| 20-Day Summons Issued re Complaint - (Discovery) 1 as to Alert Safety Lite Products Company, Alert Stamping and Manufacturing Company. (jag, ) |
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