RE2CON, LLC, et al., v. Telfer Oil Company, et al.,
Road Science, LLC, RE2CON, LLC and ARR-MAZ Products, L.P. |
Telfer Oil Company Doing business as Windsor Fuel Company, Telfer Tank Lines, Inc., Telfer Enterprises, Inc. and Asphalt Service Company |
Shilling Construction Company |
Telfer Oil Company |
2:2010cv00786 |
April 1, 2010 |
US District Court for the Eastern District of California |
Sacramento Office |
Kimberly J Mueller |
Kendall J Newman |
Patent |
35 U.S.C. § 271 Patent Infringement |
Both |
Docket Report
This docket was last retrieved on April 15, 2013. A more recent docket listing may be available from PACER.
Document Text |
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Filing 149 CLERK'S NOTICE issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller on 4/15/2013: Pursuant to the parties' Stipulation of Dismissal #148 and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action is DISMISSED with prejudice in its entirety; Each party shall bear their own attorneys' fees and costs. Accordingly, all previously set deadlines and hearings are VACATED; CASE CLOSED. (Text Only Entry) (Schultz, C) |
Filing 148 STIPULATION of Dismissal Pursuant to Rule 41(a)(1)(A)(ii) by ARR-MAZ Products, L.P., Asphalt Service Company, RE2CON, LLC, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. (Fitz-Patrick, Robert) |
Filing 147 ORDER signed by Judge Kimberly J. Mueller on 3/29/2013 DENYING #132 Motion to Vacate. (Donati, J) |
Filing 146 NOTICE of WITHDRAWAL by Shilling Construction Company of #142 Opposition to Motion,. (Riley, Benjamin) Modified on 3/21/2013 (Kaminski, H). |
Filing 145 NOTICE OF UNOPPOSED WITHDRAWAL of plaintiff Arr-Maz's Motion to Dismiss #130 and plaintiff Re2Con's Motion to Dismiss #128 . (Fitz-Patrick, Robert) Modified on 1/11/2013 (Schultz, C). |
Filing 144 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), plaintiffs' Motions to Dismiss Counterclaims #128 and #130 are SUBMITTED without oral argument. Accordingly, the hearing date of 1/18/2013 is VACATED. If the court determines that oral argument is needed, it will be scheduled at a later date. Replies, if any, shall be filed no later than 1/11/2013. (Text Only Entry) (Schultz, C) |
Filing 143 REPLY by ARR-MAZ Products, L.P., RE2CON, LLC re #132 MOTION to VACATE Claim Construction Order (Unopposed). (Fitz-Patrick, Robert) |
Filing 142 OPPOSITION by Shilling Construction Company to #132 MOTION to VACATE Claim Construction Order (Unopposed). Attorney Laiprasert, Jayne added. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Laiprasert, Jayne) |
Filing 141 ORDER granting #136 Application for Leave to File an Amicus Brief signed by Judge Kimberly J. Mueller on 12/14/12: Shilling is directed to file on the docket its amicus brief, in the form presented on November 21, 2012, by the close of business on December 27, 2012. Replies are due one week thereafter, by January 3, 2013. (Kaminski, H) |
Filing 140 OPPOSITION to #136 Application for leave to file amicus brief by ARR-MAZ Products, L.P., RE2CON, LLC . (Fitz-Patrick, Robert) Modified on 12/12/2012 (Manzer, C). |
Filing 139 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/6/2012: As provided by Local Rule 230(g) and on the court's own motion, plaintiffs' Unopposed Motion to Vacate Claim Construction Order #132 and Shilling Construction Company Incorporated's Application #136 for Leave to File Brief of Amicus Curiae are hereby SUBMITTED without oral argument. Accordingly, the hearing date of 12/14/2012 is VACATED. Any opposition/reply to the application may be filed no later than 12/7/2012. If the court determines that oral argument is needed, it will be scheduled at a later date. Because the court has not yet resolved the pending application, the amicus curiae opposition #137 is STRICKEN. (Text Only Entry) (Schultz, C) |
Filing 138 STATEMENT of Corporate Disclosure by Amicus Shilling Construction Company. (Riley, Benjamin) |
Filing 137 (STRICKEN per Minute Order, ECF 139) OPPOSITION by Shilling Construction Company to #132 MOTION to VACATE Claim Construction Order (Unopposed). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Riley, Benjamin) Modified on 12/6/2012 (Schultz, C). |
Filing 136 APPLICATION for Leave to File Brief of Amicus Curiae in Opposition to Plaintiffs' Motion to Vacate Claim Construction Order by Shilling Construction Company. Attorney Riley, Benjamin Kneeland added. (Attachments: #1 Exhibit A, #2 Exhibit B)(Riley, Benjamin) Modified on 12/17/2012 (Kaminski, H). |
Filing 135 STATEMENT of NON-OPPOSITION by Defendants to #132 MOTION to VACATE Claim Construction Order (Unopposed). (Kramer, Robert) Modified on 11/21/2012 (Kastilahn, A). |
Filing 134 PROPOSED ORDER re Plaintiffs' Unopposed Motion to Vacate Claim Construction Order. (Mayo, James) |
Filing 133 MEMORANDUM by RE2CON, LLC in SUPPORT of #132 MOTION to VACATE Claim Construction Order (Unopposed). (Mayo, James) |
Filing 132 MOTION to VACATE Claim Construction Order (Unopposed) by RE2CON, LLC. Motion Hearing set for 12/14/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Mayo, James) |
Filing 131 MEMORANDUM by ARR-MAZ Products, L.P. in SUPPORT of #130 MOTION to DISMISS. (Fitz-Patrick, Robert) |
Filing 130 MOTION to DISMISS by ARR-MAZ Products, L.P.. Attorney Fitz-Patrick, Robert B. added. Motion Hearing set for 1/18/2013 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Fitz-Patrick, Robert) |
Filing 129 MEMORANDUM by RE2CON, LLC(a Delaware limited liability company) in SUPPORT of #128 MOTION to DISMISS. (Fitz-Patrick, Robert) |
Filing 128 MOTION to DISMISS by RE2CON, LLC(a Delaware limited liability company). Attorney Fitz-Patrick, Robert B. added. Motion Hearing set for 1/18/2013 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Fitz-Patrick, Robert) |
Filing 127 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 10/23/2012: Good cause appearing, the parties' stipulation #126 is ADOPTED. Accordingly, the deadline for plaintiffs response (whether individually or jointly) to defendants' counterclaims is 10/26/2012. (Text Only Entry) (Schultz, C) |
Filing 126 STIPULATION and PROPOSED ORDER for Response Date for Counterclaims by ARR-MAZ Products, L.P., RE2CON, LLC. Attorney Fitz-Patrick, Robert B. added. (Fitz-Patrick, Robert) |
Filing 125 NOTICE of APPEARANCE by Robert B. Fitz-Patrick, PHV on behalf of ARR-MAZ Products, L.P.. Attorney Fitz-Patrick, Robert B. added. (Fitz-Patrick, Robert) |
Filing 124 SECOND AMENDED ANSWER to #20 First Amended Complaint and COUNTERCLAIM against All Plaintiffs by Telfer Oil Company.(Kramer, Robert) |
Filing 123 STIPULATION and PROPOSED ORDER for Counterclaims by Telfer Oil Company. (Kramer, Robert) |
Filing 122 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 8/28/2012 ADOPTING the parties' stipulation #121 regarding joinder. Accordingly, the clerk's office shall modify the docket of this action to reflect the name change of Road Science, LLC and the joinder of Arr-Maz. (Text Only Entry) (Schultz, C) |
Filing 121 STIPULATION and PROPOSED ORDER for Joinder by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 120 STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Kimberly J. Mueller on 7/3/12 ORDERING Discovery due by 1/15/2013; Designation of Expert Witnesses due by 1/31/2013; Dispositive Motions filed by 3/29/2013; Final Pretrial Conference set for 7/25/2013 at 03:30 PM and Jury Trial set for 8/26/2013 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Matson, R) |
Filing 119 MINUTES for STATUS (PRETRIAL SCHEDULING) CONFERENCE held before Judge Kimberly J. Mueller on 6/28/2012. Plaintiff's Counsel, John Heil III and Robert Fitz-Patrick, present by telephone. Plaintiff's Counsel, James Mayo, present in person. Defendants' Counsel, Robert Kramer and David Makman, present. The parties confirmed the court does not need to address the other cases listed in the parties' joint status report. The court and counsel discussed case scheduling; scheduling order to issue. Court Reporter: Kimberly Bennett. (Text Only Entry) (Schultz, C) |
Filing 118 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller GRANTING plaintiff's request for telephonic appearance #11 . Conference call instructions will be emailed to counsel. (Text Only Entry) (Schultz, C) |
Filing 117 REQUEST and [Proposed Order] to Allow Telephonic Appearance at Status Conference by Road Science, LLC. (Attachments: #1 Proposed Order)(Heil, III, John) Modified on 6/26/2012 (Becknal, R). |
Filing 116 JOINT STATUS REPORT and proposed case schedule by Road Science, LLC. (Fitz-Patrick, Robert) Modified on 6/12/2012 (Matson, R). |
Filing 115 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 6/4/2012 ADOPTING the parties' stipulation. Accordingly, the Status Conference set for 6/8/2012 is VACATED and RESET for 6/28/2012 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. No later than 6/11/2012, the parties shall file a joint status report. (Text Only Entry) (Schultz, C) |
Filing 114 STIPULATION and PROPOSED ORDER for JSR and Status Conference by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 113 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 5/16/2012: A Post-Claim Construction Status Conference is SET for 6/8/2012 at 10:00 AM in Courtroom 3 before Judge Kimberly J. Mueller. No later than 6/1/2012, the parties shall submit a joint status report. (Text Only Entry)(Schultz, C) |
Filing 112 CLAIM CONSTRUCTION ORDER signed by Judge Kimberly J. Mueller on 5/15/2012 ORDERING that the undisputed and disputed terms and phrases that require construction are construed as set forth in bold in this order, and collected in the chart listed in this order. (Reader, L) |
Filing 111 STIPULATION and ORDER #110 signed by Judge Kimberly J. Mueller on 3/27/12; WHEREAS, the schedule established in this patent infringement case by the Courts August 9, 2011 Order ([Doc No. 51, which was amended by various stipulations of the parties and orders of the Court, most recently by the Courts Order extending the deadline for filing amended counterclaims to March 30, 2012 [Doc. No. 109]) was determined with reference to the claim construction proceedings and the date that the Court issues a Claim Construction Order; WHEREAS, the Court has taken the parties claim construction briefing and argument under submission and the parties stipulate and respectfully request that the Court Order enter an Order scheduling a post-claim construction status conference to be held approximately two weeks after the date that the Court issues a Claim Construction Order and the parties respectfully request that the Court vacate the remaining dates on the current schedule; THEREFORE, the Court Orders that a post-claim construction status conference will be scheduled to be held approximately two weeks after the date that the Court issues a Claim Construction Order and the remaining dates on the schedule set forth in the Courts August 9, 2011 Order are hereby vacated. The parties will be prepared to discuss new schedule dates at the post-claim construction status conference when it is scheduled.(Matson, R) |
Filing 110 STIPULATION and PROPOSED ORDER for Order Vacating Schedule and Setting Status Conference by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 109 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 2/28/2012 GRANTING defendants' proposed substitution of attorney #107 and ORDERING Stephanie Renee Wood, Gregory V. Novak, and Eric Shih terminated as counsel of record. It is FURTHER ORDERED, that the parties' stipulation #108 is ADOPTED; the deadline for defendants to file amended counterclaims is EXTENDED to 3/30/2012. (TEXT ONLY ENTRY)(Schultz, C) |
Filing 108 STIPULATION and PROPOSED ORDER for Regarding Schedule by Telfer Oil Company. (Kramer, Robert) |
Filing 107 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Telfer Oil Company. (Kramer, Robert) |
Filing 106 MINUTE ORDER issued by Courtroom Deputy M. Krueger for Judge Kimberly J. Mueller on 1/30/2012 ORDERING Defendants' Motion for Summary Judgment #103 DENIED WITHOUT PREJUDICE to its renewal following the Court's issuance of the claim construction order. Plaintiff's Motion to Strike #104 is hereby DENIED as MOOT. The Motion Hearing set for 2/10/2012 is VACATED. (TEXT ONLY ENTRY) (Krueger, M) |
Filing 105 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 1/30/2012 ORDERING the 2/2/2012 Status Conference VACATED. (TEXT ONLY ENTRY)(Schultz, C) |
Filing 104 MOTION to STRIKE defendants' Untimely Claim Construction Brief Styled as a #103 Motion for Summary Judgment by Road Science, LLC. Motion Hearing set for 02/10/12 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Exhibit A)(Fitz-Patrick, Robert) |
Filing 103 MOTION for SUMMARY JUDGMENT by Telfer Oil Company. Motion Hearing set for 02/10/12 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: #1 Declaration of D. Makman #2 Exhibit A to Makman Decl. #3 Exhibit B to Makman Decl. #4Exhibit C to Makman Decl. #5 Exhibit D to Makman Decl. #6 Exhibit E to Makman Decl. #7 Exhibit F to Makman Decl. #8 Exhibit G to Makman Decl. #9 Exhibit H to Makman Decl. #10 Exhibit I to Makman Decl.(Kramer, Robert) Modified on 1/10/2012 (Kaminski, H). |
Filing 102 TRANSCRIPT of Proceedings Re: Claim Construction Hearing held on December 6th, 2011, before Judge Kimberly J. Mueller, filed by Court Reporter Cathie Bodene, Phone number 916-446-6360 E-mail cbodene@caed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through Court Reporter Cathie Bodene or PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/20/2012. Redacted Transcript Deadline set for 1/30/2012. Release of Transcript Restriction set for 3/29/2012. (Bodene, C) |
Filing 101 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 12/28/2011 ORDERING the Post Claim Construction Status Conference set for 1/18/2012 is VACATED and RESET for 2/2/2012 at 2:30 PM in Courtroom 3 before Judge Kimberly J. Mueller. (TEXT ONLY ENTRY)(Schultz, C) |
Filing 100 STIPULATION Regarding Claim Construction by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 99 MINUTES for CLAIM CONSTRUCTION HEARING held before Judge Kimberly J. Mueller held on 12/6/2011. Plaintiff's Counsel, John Heil III, Robert Fitz-Patrick and James Mayo, present. Defendants' Counsel, Robert Kramer, David Makman and Andrea Miller, present. The parties presented their arguments. Within seven days, the parties shall submit a stipulation as identified in court. Matter submitted. Court Reporter: Cathie Bodene. (Text Only) (Schultz, C) |
Filing 98 OBJECTIONS by Plaintiff Road Science, LLC to #94 Notice - Other. (Fitz-Patrick, Robert) |
Filing 97 OBJECTIONS by Telfer Oil Company, Asphalt Service Company, Telfer Enterprises, Inc., and Telfer Tank Lines, Inc. re #95 Notice. (Miller, Andrea) Modified on 12/9/2011 (Matson, R). |
Filing 96 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 11/30/2011 DENYING AS MOOT, Plaintiff's Motion for Extension of Time #93 . (TEXT ONLY ENTRY) (Schultz, C) |
Filing 95 NOTICE of Submission of Technology Tutorial Re Claim Construction by Road Science, LLC. (Mayo, James) [1 DVD Rcv'd on 11/29/2011] (Reader, L). |
Filing 94 NOTICE of SUBMISSION of Techonology Tutorial re Claim Construction by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. (Miller, Andrea) Modified on 11/30/2011 (Duong, D). |
Filing 93 Unopposed MOTION for 1.5-DAY EXTENSION OF TIME to Submit Claim Construction Technology Tutorial re 91 Minute Order by Road Science, LLC. (Attachments: #1 Proposed Order)(Heil, III, John) Modified on 11/28/2011 (Duong, D). |
Filing 92 REPLY CLAIM BRIEF #88 by Telfer Oil Company; DEMAND for Jury Trial. (Attachments: #1 Exhibit Road Science NovaChip Service Agreement, #2 Exhibit Concordance v. Amazon Decision) (Kramer, Robert) Modified on 11/3/2011 (Marciel, M). |
Filing 91 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 11/1/2011: The court accepts the parties' stipulation concerning the technology tutorial. The parties will each serve and submit to chambers by 11/29/2011 a technology tutorial on DVD of no more than 40 minutes per side. Any party may submit objections to a tutorial, not to exceed five pages, by 12/2/2011. The parties should also address whether they intend to rely on the foreign language materials attached to the declarations of Gary Hicks and David Makman and, if so, whether the parties stipulate to the accuracy of any translations. The status hearing set for 11/2/2011 is hereby vacated and the request for telephonic appearance #90 is denied as moot. (TEXT ONLY ENTRY) (Schultz, C) |
Filing 90 PROPOSED ORDER requesting telephonic appearance for Pre-Claim Status Conference by Road Science, LLC. (Mayo, James) Modified on 11/3/2011 (Marciel, M). |
Filing 89 STIPULATION and PROPOSED ORDER regarding claim Construction Technology Tutorial by defendants. (Miller, Andrea) Modified on 11/3/2011 (Marciel, M). |
Filing 88 REPLY by Road Science, LLC re #84 Response, #53 Brief,. (Attachments: #1 Exhibit 3 Telfer Declaration, #2 Exhibit 4 Watts Depo, #3 Exhibit 5 Hicks Depo)(Fitz-Patrick, Robert) |
Filing 87 ORDER of RECUSAL signed by Magistrate Judge Gregory G. Hollows on 10/19/11. Magistrate Judge Gregory G. Hollows recused. Case reassigned to Magistrate Judge Kendall J. Newman for all further proceedings. (Meuleman, A) |
Filing 86 STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 10/17/2011 MODIFYING the schedule for the remaining two dates of the claim construction briefing schedule. Plaintiff's Reply Claim Construction Brief due by 10/20/2011. Defendant's Reply Claim Construction Brief due by 11/1/2011. (Michel, G) |
Filing 85 STIPULATION and PROPOSED ORDER for Claim Construction Briefing Schedule by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 84 RESPONSE by Telfer Oil Company to #53 Brief,. (Kramer, Robert) |
Filing 83 EXHIBIT H to Declaration of R. Gary Hicks Regarding Claim Construction of United States Patent No. 5,069,578 by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #80 Declaration. (Attachments: #1 Exhibit I)(Miller, Andrea) |
Filing 82 EXHIBIT E to Declaration of R. Gary Hicks Regarding Claim Construction of United States Patent No. 5,069,578 by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #80 Declaration. (Attachments: #1 Exhibit F, #2 Exhibit G)(Miller, Andrea) |
Filing 81 EXHIBIT B to Declaration of R. Gary Hicks Regarding Claim Construction of United States Patent No. 5,069,578 by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #80 Declaration. (Attachments: #1 Exhibit C, #2 Exhibit D)(Miller, Andrea) |
Filing 80 DECLARATION of R. Gary Hicks. (Attachments: #1 Exhibit A)(Miller, Andrea) |
Filing 79 EXHIBIT W to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 78 EXHIBIT V to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 77 EXHIBIT U to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 76 EXHIBIT T to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 75 EXHIBIT R to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Attachments: #1 Exhibit S)(Miller, Andrea) |
Filing 74 EXHIBIT Q to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 73 EXHIBIT P to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 72 EXHIBIT N to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Attachments: #1 Exhibit O)(Miller, Andrea) |
Filing 71 EXHIBIT I to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M)(Miller, Andrea) |
Filing 70 EXHIBIT H to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 69 EXHIBIT G to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Miller, Andrea) |
Filing 68 EXHIBIT B to Declaration of David A. Makman in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #67 Declaration. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F)(Miller, Andrea) |
Filing 67 DECLARATION of David A. Makman. (Attachments: #1 Exhibit A)(Miller, Andrea) |
Filing 66 EXHIBIT H to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 65 EXHIBIT G to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 64 EXHIBIT F to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 63 EXHIBIT E-3.2 to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 62 EXHIBIT E-3.1 to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 61 EXHIBIT E-2 to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 60 EXHIBIT E-1 to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 59 EXHIBIT D to Declaration of David Shen in Support of Defendants' Claim Construction Brief by Asphalt Service Company, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc. re #58 Declaration. (Miller, Andrea) |
Filing 58 DECLARATION of David Shen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Andrea) |
Filing 57 ORDER signed by Magistrate Judge Gregory G. Hollows on 9/29/2011 GRANTING #54 Stipulated Protective Order with modifications. Any confidential material filed with the court, sealed or otherwise, will not be returned at the conclusion of the litigation. Procedurally, the parties must comply with E. D. Local Rules 141 and 141.1 regarding the sealing of documents. (Zignago, K.) |
Filing 56 STIPULATION and PROPOSED ORDER for Regarding Claim Construction Briefing Schedule by Asphalt Service Company, Road Science, LLC, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. (Miller, Andrea) |
Filing 55 STIPULATION and ORDER Regarding Claim Construction Briefing Schedule #52 signed by Judge Kimberly J. Mueller on 9/15/11. (Matson, R) |
Filing 54 STIPULATION and PROPOSED PROTECTIVE ORDER by Road Science, LLC. (Segal, Malcolm) Modified on 9/15/2011 (Marciel, M). |
Filing 53 OPENING Claim Construction BRIEF by Road Science, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J)(Heil, III, John) Modified on 9/7/2011 (Mena-Sanchez, L). |
Filing 52 STIPULATION and PROPOSED ORDER for Claim Construction Briefing Schedule by Road Science, LLC. (Fitz-Patrick, Robert) |
Filing 51 ORDER signed by District Judge Kimberly J. Mueller on 8/9/2011 ORDERING that the court confirms the following modified schedule: Fact discovery cut off, 4/30/2012; Expert discovery cut off, 7/30/2012; Designation of Expert Witnesses, 5/30/2012; Dispositive motions hearing, 8/22/2012 at 10:00 AM; Pretrial Conference, 10/31/2012 at 11:00 AM; Trial, 11/27/2012 at 09:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. The court sets a pre-claim construction status conference for 11/2/2011 at 10:00 AM. (Zignago, K.) |
Filing 50 STIPULATION and PROPOSED ORDER for Remaining Case Schedule by Road Science, LLC. Attorney Fitz-Patrick, Robert B. added. (Fitz-Patrick, Robert) |
Filing 49 NOTICE of CHANGE of ADDRESS by David Alan Makman. Attorney Makman, David Alan added. (Makman, David) |
Filing 48 ORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J. Mueller to the position of U.S. District Judge, this action is reassigned from *Judge Frank C. Damrell Jr.* to Judge Mueller for all further proceedings. (Donati, J) |
Filing 47 JOINT CLAIM Construction and Prehearing Statement by Defendant Telfer Oil Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kramer, Robert) Modified on 1/24/2011 (Zignago, K.). |
Filing 46 STIPULATION and PROPOSED ORDER Regarding Claim Construction Schedule (Revised) by Road Science, LLC. (Mayo, James) Modified on 1/18/2011 (Zignago, K.). |
Filing 45 STIPULATION and PROPOSED ORDER for Claim Construction Schedule by Asphalt Service Company, Road Science, LLC, Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. Attorney Miller, Andrea M. added. (Miller, Andrea) |
Filing 44 PRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr. on 12/17/2010 #42 Attorney Gregory V. Novak, to appear for Telfer Enterprises, Inc. (Reader, L) |
RECEIPT number #CAE200031845 $180.00 fbo Gregory V. Novak by Robert F. Kramer on 12/17/2010. (Mena-Sanchez, L) |
Filing 42 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Telfer Oil Company for attorney Gregory V. Novak to appear Pro Hac Vice. (Attachments: #1 Certificate of Record Certificate of Good Standing)(Kramer, Robert) |
Filing 41 STIPULATION and ORDER REGARDING CLAIM CONSTRUCTION SCHEDULE signed by Judge Frank C. Damrell, Jr. on 11/3/2010 ORDERING that the parties will exchange preliminary claim constructions on 11/22/2010, instead of 11/5/2010. A Joint Claim Construction and Pre-hearing Statement will be filed on 12/23/2010, instead of 12/3/2010. Claim construction discovery will be completed on 1/3/2011, instead of 12/17/2010. (Zignago, K.) |
Filing 40 STIPULATION and PROPOSED ORDER for Claim Construction Schedule by Road Science, LLC. (Mayo, James) |
Filing 39 ANSWER to FIRST AMENDED COUNTERCLAIM #38 by Road Science, LLC. (Mayo, James) Modified on 10/1/2010 (Krueger, M). |
Filing 38 FIRST AMENDED ANSWER to COMPLAINT with Jury Demand and FIRST AMENDED COUNTERCLAIM against Road Science LLC by dfts. Attorney Kramer, Robert F. added.(Kramer, Robert) Modified on 9/7/2010 (Duong, D). |
Filing 37 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 8/24/2010 GRANTING #36 Stipulation and Proposed Order; Telfer shall file its Amended Answer and Counterclaims on or before September 3, 2010. Accordingly, Road Science's Motion to Dismiss Telfer's Counterclaims is moot and the associated hearing set for September 10, 2010 at 10:00 a.m. is removed from the Court's calendar. (Matson, R) |
Filing 36 STIPULATION and PROPOSED ORDER for Leave to Amend Answer and Counterclaims re #35 Application by Telfer Enterprises, Inc., Telfer Oil Company. (Wood, Stephanie) |
Filing 35 APPLICATION for Leave to Amend Answer and Counterclaims by Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. (Wood, Stephanie) |
Filing 34 NOTICE of CHANGE of ADDRESS by David Alan Makman. (Makman, David) |
Filing 33 NOTICE of APPEARANCE by Stephanie Renee Wood on behalf of Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. Attorney Wood, Stephanie Renee added. (Wood, Stephanie) |
Filing 32 NOTICE of APPEARANCE by Eric Shih on behalf of Telfer Enterprises, Inc., Telfer Oil Company, Telfer Tank Lines, Inc.. Attorney Shih, Eric added. (Shih, Eric) |
Filing 31 NOTICE of APPEARANCE by Robert F. Kramer on behalf of Telfer Oil Company. Attorney Kramer, Robert F. added. (Kramer, Robert) |
Filing 30 MEMORANDUM by Road Science, LLC in SUPPORT of #29 MOTION to Dismiss Counterclaims of Telfer Oil Company. (Mayo, James) |
Filing 29 MOTION to Dismiss Counterclaims of Telfer Oil Company by Road Science, LLC. Motion Hearing set for 9/10/2010 at 10:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr.. (Mayo, James) |
Filing 28 STIPULATION and ORDER signed by Judge Frank C. Damrell, Jr on 7/6/10 ORDERING that Plaintiff is GRANTED until 7/12/2010 to file a response to Defendant Telfer Oil Company's Counterclaims. (Mena-Sanchez, L) |
Filing 27 STIPULATION and PROPOSED ORDER for Extending Time for Road Science to Respond to Telfer's Counterclaims. (Heil, III, John) Modified on 7/6/2010 (Krueger, M). |
Filing 26 PROPOSED ORDER re #25 Motion for 6-day Extension of Time to Respond to Counterclaims. (Heil, III, John) Modified on 7/6/2010 (Donati, J). |
Filing 25 MOTION for 6-DAY EXTENSION OF TIME to Respond to Counterclaims #23 by Road Science, LLC. (Heil, III, John) Modified on 7/6/2010 (Krueger, M). |
Filing 24 SCHEDULING ORDER signed by Judge Frank C. Damrell, Jr on 06/24/10: Discovery due by 8/12/2011. Designation of Expert Witnesses due by 8/26/2011. Dispositive Motions filed by 12/9/2011. Joint Pre-trial Statement is due 7 days prior to Final Pretrial Conference set for 2/10/2012 at 02:00 PM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. Jury Trial set for 4/10/2012 at 09:00 AM in Courtroom 2 (FCD) before Judge Frank C. Damrell Jr. (Williams, D) |
Filing 23 TELFER OIL COMPANY'S ANSWER to AMENDED COMPLAINT, COUNTERCLAIM against Road Science, LLC by Telfer Oil Company, Telfer Tank Lines, Inc., Telfer Enterprises, Inc., Asphalt Service Company. Attorney Makman, David Alan added. (Attachments: #1 Exhibit A)(Makman, David) |
Filing 22 JOINT STATUS REPORT by Road Science, LLC. (Mayo, James) |
Filing 21 CERTIFICATE of SERVICE by Road Science, LLC re #20 Amended Complaint. (Segal, Malcolm) |
Filing 20 FIRST AMENDED COMPLAINT against all defendants by Road Science, LLC. Attorney Segal, Malcolm S. added.(Segal, Malcolm) |
Filing 19 SUMMONS RETURNED EXECUTED: Asphalt Service Company served on 4/29/2010, answer due 5/20/2010. (Segal, Malcolm) |
Filing 18 SUMMONS RETURNED EXECUTED: Telfer Enterprises, Inc. served on 4/29/2010, answer due 5/20/2010. (Segal, Malcolm) |
Filing 17 SUMMONS RETURNED EXECUTED: Telfer Tank Lines, Inc. served on 4/29/2010, answer due 5/20/2010. (Segal, Malcolm) |
Filing 16 SUMMONS RETURNED EXECUTED: Telfer Oil Company served on 4/29/2010, answer due 5/20/2010. (Segal, Malcolm) |
Filing 15 PRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 4/8/2010 re #13 . Added attorney Robert P. Fitz-Patrick, PHV for Road Science, LLC. (Duong, D) |
Filing 14 PRO HAC VICE ORDER signed by Judge Frank C. Damrell, Jr on 4/8/2010 re #12 . Added attorney John F. Heil, III, PHV for Road Science, LLC. (Duong, D) |
Filing 13 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Road Science, LLC for attorney Robert B. Fitz-Patrick to appear Pro Hac Vice. (Mayo, James) |
Filing 12 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Road Science, LLC for attorney John F. Heil, III to appear Pro Hac Vice. (Mayo, James) |
Filing 11 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP Form) (Duong, D) |
Filing 10 RELATED CASE ORDER signed by Judge Frank C. Damrell, Jr on 4/6/2010 ORDERING that Case 2:10-cv-0786 MCE DAD is reassigned to Judge Frank C. Damrell, Jr and Magistrate Judge Gregory G. Hollows for all further proceedings and any dates currently set in this reassigned case only are hereby VACATED. Henceforth, the caption on documents filed in the reassigned case shall be shown as: CIV. S-10-0786 FCD GGH. Clerk is to issue an Order Requiring a Joint Status Report for the undersigned and to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment.(Duong, D) |
RECEIPT number CAE200025141 for $360.00 for Attys John F. Heil, III and Robert B. Fitz-Patrick from Malcolm Segal. (Kastilahn, A) |
Filing 9 PATENT NEW CASE DOCUMENTS ISSUED as to Patent #1:* 5,069,578 * * 12/3/91 * * Screg Routes et. Travaux Publics * ; (Attachments: #1 Order re Consent, #2 Patent Report, #3 VDRP Form) (Kastilahn, A) |
Filing 8 SUMMONS ISSUED as to *Telfer Oil Company, Telfer Tank Lines, Inc., Telfer Enterprises, Inc., and Asphalt Service Company* with answer to complaint due within *21* days. Attorney *James P. Mayo* *Segal & Kirby* *770 L Street, Ste 1440* *Sacramento, CA 95814*. (Kastilahn, A) |
Filing 7 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Road Science, LLC for attorney John F. Heil, III to appear Pro Hac Vice. (Mayo, James) |
Filing 6 PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Road Science, LLC for attorney Robert B. Fitz-Patrick to appear Pro Hac Vice. (Mayo, James) |
Filing 5 STATEMENT of Corporate Disclosure by Plaintiff Road Science, LLC. (Mayo, James) |
Filing 4 NOTICE of RELATED CASE 2:08-0843, 2:09-2023 by Road Science, LLC. (Mayo, James) |
RECEIPT number #CAE200025062 $350.00 fbo Road Science LLC by Malcolm Segal on 4/2/2010. (Kastilahn, A) |
Filing 2 COMPLAINT for Patent Infringement against all defendants by Road Science, LLC. Attorney Mayo, James P. added.(Mayo, James) |
Filing 1 CIVIL COVER SHEET by Road Science, LLC (Mayo, James) |
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