Advanced Steel Recovery, LLC v. X-Body Equipment, Inc. et al
Plaintiff: Advanced Steel Recovery, LLC
Defendant: X-Body Equipment, Inc., Jewell Attachments, LLC, J.D.M.L., Inc. and Allstate Paper & Metal Recycling Co., Inc.
Case Number: 2:2016cv00148
Filed: January 25, 2016
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: Sacramento
Presiding Judge: Edmund F. Brennan
Presiding Judge: Kimberly J. Mueller
Nature of Suit: Patent
Cause of Action: 15 U.S.C. ยง 1126
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 9, 2023 Opinion or Order Filing 185 ORDER DISMISSING CASE signed by Chief District Judge Kimberly J. Mueller on 5/9/23 ORDERING that the Complaint by ASR against X-Body, Jewell, and Standard in this action(including as amended) is DISMISSED in its entirety, with prejudice. As to Al lstate, ASR's action is DISMISSED without prejudice. The currently pending Counterclaims by X-Body and Jewell against ASR in this action (including as amended) are DISMISSED in their entirety, without prejudice. The Court DECLINES to retain jurisdiction over the enforcement of the settlement agreement. CASE CLOSED (Kastilahn, A)
May 3, 2023 Opinion or Order Filing 183 ORDER signed by Chief District Judge Kimberly J. Mueller on 5/3/2023 EXTENDING deadline to file dismissal documents to 5/4/2023. (Mena-Sanchez, L)
March 9, 2023 Opinion or Order Filing 178 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/9/2023 ORDERING that the court partially lifts the stay as to Allstate and directs the Clerk of Court to enter a default against Allstate. The order to show cause 176 is DISCHARGED. The Clerk of Court is also directed to remove James Lin as a defendant from the public docket as Lin is not a party in this case. (Mena-Sanchez, L)
February 17, 2023 Opinion or Order Filing 176 ORDER to SHOW CAUSE signed by Chief District Judge Kimberly J. Mueller on 2/16/2023 DIRECTING plaintiff to show cause within 14 days of the filing of this order why the claims against defendants Allstate and Lin should not be dismissed with prejudice for failure to prosecute. (Perdue, C.)
January 11, 2023 Opinion or Order Filing 174 ORDER signed by Chief District Judge Kimberly J. Mueller on 01/10/2023 EXTENDING the following deadlines: Fact Discovery Cutoff due by 04/21/2023; Initial Expert Reports due by 05/12/2023; Rebuttal Expert Reports due by 06/08/2023; Expert Discovery Cutoff due by 07/14/2023; Dispositive Motions due by 09/22/2023. Final Pretrial Conference and Trial Start Date TBD (at the Court's convenience). (Rodriguez, E)
October 14, 2022 Opinion or Order Filing 172 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/22 EXTENDING the following deadlines: Fact Discovery Cutoff due by 2/24/23; Initial Expert Reports due by 3/17/23; Rebuttal Expert Reports due by 4/14/23; Expert Discovery Cutoff due by 5/19/23; Deadline to hear Dispositive Motions is 7/14/23. (Kastilahn, A)
August 24, 2022 Opinion or Order Filing 169 ORDER signed by Chief District Judge Kimberly J. Mueller on 8/24/2022 GRANTING 164 Motion to file answer. ASR is GRANTED leave to file its Answer to Defendants' Second Amended Counterclaims, as attached to ASR's supporting Brief filed with the motion papers, within 7 days of the date this order is filed.(Perdue, C.)
July 13, 2022 Opinion or Order Filing 166 ORDER signed by Chief District Judge Kimberly J. Mueller on 07/12/22 EXTENDING the following deadlines: Fact Discovery Cutoff due by 11/18/22; Initial Expert Reports due by 12/16/22; Rebuttal Expert Reports due by 01/20/23; Expert Discovery Cutoff due by 03/03/23; Dispositive Motions due by 5/12/23.(Licea Chavez, V)
May 11, 2022 Opinion or Order Filing 160 ORDER signed by Chief District Judge Kimberly J. Mueller on 5/10/2022 DENYING 153 Motion for Leave to Amend.(Perdue, C.)
March 28, 2022 Opinion or Order Filing 152 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/25/2022 ORDERING that the production of privileged or work-product protected documents, electronically stored information or information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). (Coll, A)
February 9, 2022 Opinion or Order Filing 145 ORDER signed by Chief District Judge Kimberly J. Mueller on 02/08/2022 GRANTING 137 Motion to Dismiss without leave to amend, and ORDERING Counsel for X-Body to SHOW CAUSE within 14 days why it should not be sanctioned. A status conference is SE T for 3/10/2022 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. The status conference will proceed by video conferencing through the Zoom application. The Courtroom Deputy will provide counsel with the hearing access information no later than 1 day before the conference. The parties shall file a joint status report no later than 14 days prior to the conference. (Rodriguez, E)
April 14, 2021 Opinion or Order Filing 144 ORDER signed by Magistrate Judge Jeremy D. Peterson on 4/13/21 ORDERING that the parties' 143 Stipulated Protective Order is construed as a motion and GRANTED. (Kastilahn, A)
November 16, 2020 Opinion or Order Filing 136 STIPULATION AND ORDER signed by Chief District Judge Kimberly J. Mueller on 11/16/2020 EXTENDING Plaintiff's time to 12/1/2020 to answer or otherwise respond to Defendants' Second Amended Counterclaim, and the parties shall complete the meet and confer process in conjunction with ASR's contemplated Rule 12 Motion by no later than 11/20/2020. (Mena-Sanchez, L)
October 13, 2020 Opinion or Order Filing 132 ORDER signed by Chief District Judge Kimberly J. Mueller on 10/13/2020 DENYING plaintiff's 104 Motion for Summary Judgment and defendants' 106 Motion for Reconsideration of Claim Construction. Defendants' 105 Motion for Recon sideration of Summary Judgment is GRANTED. On reconsideration, the court DENIES summary judgment to the defendants as well. On 2/1/2018, the court advised the parties that further scheduling would be set after motion and claim construction issues were resolved. The court now ORDERS the parties to file a joint status report within fourteen (14) days of this order addressing the subjects outlined in Eastern District Local Rule 240. (Zignago, K.)
March 6, 2020 Opinion or Order Filing 129 ORDER signed by Chief District Judge Kimberly J. Mueller on 3/5/2020 DENYING 125 Motion for Leave to file supplemental briefing. (Coll, A)
October 9, 2019 Opinion or Order Filing 110 ORDER signed by District Judge Kimberly J. Mueller on 10/8/2019 GRANTING 80 Motion to Withdraw Lauren Katzenellenbogen and Arthur Saunders Rose, of the law firm Knobbe, Martens, Olson & Bear, LLP, as counsel of record for defendant Allstate Paper & Metal Recycling Co., Inc. Allstate is GRANTED 30 days to file a substitution of counsel. (York, M)
September 6, 2019 Opinion or Order Filing 103 STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 09/06/19 ORDERING that the schedule for the motion for reconsideration and cross-motions on the priority date is as follows: all such Motions filed by 09/27/19; oppositions due 10/18/19; replies due 10/25/19 with the hearing on these motions on 11/01/19 or as soon thereafter as the Court shall determine.(Benson, A.)
July 19, 2019 Opinion or Order Filing 101 ORDER signed by District Judge Kimberly J. Mueller on 7/19/2019 ORDERING For the reasons listed, the court construes the preamble as not limiting and the words and phrases found in claims 1, 4, 5 and 7 of the patent-in-suit as described in this order. (Reader, L)
November 22, 2017 Opinion or Order Filing 84 ORDER signed by District Judge Kimberly J. Mueller on 11/22/17 ORDERING that Plaintiff shall have until 11/28/2017 to answer or otherwise respond to Defendants Amended 76 Counterclaims. (Hunt, G)
October 26, 2017 Opinion or Order Filing 78 ORDER signed by District Judge Kimberly J. Mueller on 10/25/17, ORDERING that the deadline for ASR to answer or otherwise respond to the Defendants' 76 Amended Answer to First Amended Complaint and Counterclaims is due by no later than 11/14/2017. (Kastilahn, A)
September 12, 2017 Opinion or Order Filing 73 ORDER signed by District Judge Kimberly J. Mueller on 9/12/2017 DENYING 47 , 54 Motion to Dismiss, Motion for Summary Judgment and Sanction. An Answer is due within 14 days of this order. Status Conference set for 11/17/2017 at 10:00 AM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. Joint Statements due 11/3/2017. (Donati, J)
November 1, 2016 Opinion or Order Filing 59 ORDER signed by District Judge Kimberly J. Mueller on 10/31/16 GRANTING 57 Request to seal documents. (Washington, S)
September 20, 2016 Opinion or Order Filing 55 ORDER signed by District Judge Kimberly J. Mueller on 09/19/16 ORDERING that the 53 Notice of Request to Seal Exhibits 1, 2, and 4 to the Bushong Declaration is DENIED without prejudice. If defendants again file such an unsupported request to seal, the court cautions they will be required to show cause why they should not be subject to monetary sanctions. In the alternative, defendants may withdraw the invoices as supporting exhibits, and the court will not consider them in evaluating defendants' motion to dismiss with prejudice or, in the alternative, for summary judgment, and for sanctions. (Benson, A)
August 15, 2016 Opinion or Order Filing 43 ORDER signed by District Judge Kimberly J. Mueller on 8/12/2016 APPROVING the proposal re 41 Joint Status Report; ORDERING that the amended complaint be filed in accordance with the 42 Order; ORDERING that no surreply be filed without advance app roval from the court; GRANTING the parties' request to enlarge the number of pages allowed for opening, opposition and reply briefs on the condition that the parties not abuse the court's trust in granting such request; CONFIRMING the hearing date for summary judgment for 12/2/2016 at 10:00 AM. (Michel, G.)
August 9, 2016 Opinion or Order Filing 42 ORDER signed by District Judge Kimberly J. Mueller on 8/8/2016 GRANTING 12 Motion to Dismiss with leave to amend; DENYING 12 Motion for Sanctions; ORDERING the plaintiff to file a first amended complaint within fourteen (14) days; ORDERING the pa rties to file a stipulation as to the scope of the limited discovery allowed above within twenty-one (21) days; ALLOWING the defendants to renew their motion to dismiss within thirty (30) days after the close of the limited discovery period. (Michel, G.)
April 19, 2016 Opinion or Order Filing 27 ORDER signed by District Judge Kimberly J. Mueller on 4/19/16 ORDERING the hearing date on Defendants' Motion to Dismiss and for Sanctions shall be continued to 6/3/16 at 10:00 a.m; Plaintiff's opposition papers shall be due on 5/13/16 ; Defendants' reply papers shall be due on 5/27/16; The Initial Scheduling Conference previously set for 5/26/16 is VACATED and RESET to 6/3/16 at 10:00 a.m. in Courtroom 3 before District Judge Kimberly J. Mueller; This Order resolves ECF No. 26 . (Becknal, R)
March 30, 2016 Opinion or Order Filing 23 ORDER GRANTING MOTION to SEVER AND STAY CASE signed by District Judge Kimberly J. Mueller on 3/30/16. (Kaminski, H)
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Plaintiff: Advanced Steel Recovery, LLC
Represented By: Mark D. Nielsen
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Defendant: X-Body Equipment, Inc.
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Defendant: Jewell Attachments, LLC
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Defendant: J.D.M.L., Inc.
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Defendant: Allstate Paper & Metal Recycling Co., Inc.
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