Hildebrand v. Snap On Tools et al
| David L. Hildebrand |
| Snap On Tools, Matco Tools, Mac Tools, Cornwell Quality Tools, Steck Manufacturing and Raymond Steck |
| 1:2021cv02551 |
| September 20, 2021 |
| US District Court for the District of Colorado |
| Raymond P Moore |
| N Reid Neureiter |
| Patent |
| 28 U.S.C. § 1338 Patent Infringement |
| Plaintiff |
Docket Report
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| Filing 64 Report re Patent/Trademark: Report on the determination of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (sdunb, ) |
| Filing 63 Civil Case Terminated pursuant to the #62 Order. Text Only Entry. (sdunb, ) |
Filing 62
ORDER. The Court ORDERS the case is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to CLOSE this case. By Judge Raymond P. Moore on 4/4/2023.(sdunb, )
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| Filing 61 ADVISORY NOTICE TO ATTORNEY AND COURT: Joseph Ronald Lanser failed to pay the 2022 Biennial Fee. Under D.C.COLO.LAttyR 3(a) and District Court General Order 2022-7, counsel was administratively removed from the court's attorney roll. Counsel must submit another bar application though PACER, pay the application fee, and, upon reinstatement, file a Notice of Entry of Appearance to continue as counsel of record in this case. Please visit and fully review the 2022 Biennial Renewal Fee page before contacting the court for assistance: #Biennial / Renewal Fee Information | US District Court of Colorado (uscourts.gov). (Text Only Entry) (mfred) |
| Filing 60 REPLY to #58 Objections, #59 Objections (SNAP-ON TOOLS REPLY TO HILDEBRANDS RESPONSE (DKT. NO. 59)) by Defendant Snap On Tools. (Attachments: #1 Exhibit A)(Smolczynski, Vincent) |
| Filing 59 REPLY/RESPONSE to #58 Snap-On Tools Objection to Plaintiffs Notice of Dismissal by Plaintiff David L. Hildebrand. (sdunb, ) |
| Filing 58 OBJECTIONS to #57 Notice of Voluntary Dismissal of Party by Defendant Snap On Tools. (Smolczynski, Vincent) |
| Filing 57 NOTICE of Voluntary Dismissal of Snap On Tools by Plaintiff David L. Hildebrand (sdunb, ) |
| Filing 56 REPORT AND RECOMMENDATION ON DEFENDANT SNAP ON TOOLS' MOTION TO DISMISS (Dkt. #15 ) by Magistrate Judge N. Reid Neureiter on 21 January 2022. I RECOMMEND that Defendant's Motion to Dismiss (Dkt. #15) be GRANTED. (cmadr, ) |
| Filing 55 REPLY to Response to #15 MOTION to Dismiss (Snap-on Tool's Response to Plaintiff's Supplemental Opposition to Motion to Dismiss) filed by Defendant Snap On Tools. (Smolczynski, Vincent) |
| Filing 54 Supplemental Opposition to #15 MOTION to Dismiss filed by Plaintiff David L. Hildebrand. (Attachments: #1 Declaration)(sdunb, ) |
| Filing 53 Party Raymond Steck (Mr., Of Steck Manufacturing) and Steck Manufacturing terminated pursuant to the #51 and #52 NOTICE of Voluntary Dismissal filed in this case. Text Only Entry. (sdunb, ) |
| Filing 52 NOTICE of Voluntary Dismissal of Party Steck Manufacturing Company by Defendant Raymond Steck (Gray, James) |
| Filing 51 NOTICE of Voluntary Dismissal of Party Raymond Steck by Defendant Raymond Steck (Gray, James) |
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Filing 50
Minute ORDER by Magistrate Judge N. Reid Neureiter on 14 December 2021. In light of Plaintiff's Notice of Dismissal with Prejudice of Matco Tools With Prejudice (Dkt. #42 ), it is hereby ORDERED that Defendant Matco Tools Corp.'s Motion to Dismiss for Failure to State a Claim Under Fed. R. Civ. P. 12(b)(6) (Dkt. #21 ) and Motion to Stay Discovery Pending Ruling on Motion to Dismiss (Dkt. #24 ) are DENIED as moot. It is further ORDERED that, in light of the Notice of Settlement (Dkt. #48 ), Defendant Steck Manufacturing Company, Inc.'s Motion to Dismiss (Dkt. #37 ) is DENIED as moot. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 49 COURTROOM MINUTES for proceedings held before Magistrate Judge N. Reid Neureiter: Telephonic Status Conference held on 12/13/2021. Plaintiff and Defendants Steck Manufacturing and Raymond Steck shall file dismissal papers on or before Wednesday, December 22, 2021. Snap-On Tools' Motion to Dismiss (Dkt. #15 ) is TAKEN UNDER ADVISEMENT. The Court will issue a written recommendation. Plaintiff shall supplement his opposition to Snap-On Tools Motion to Dismiss on or before December 21, 2021; and Snap-On Tools shall respond to Plaintiff's supplemental briefing on or before January 7, 2022. FTR: Courtroom C203. (rvill, ) |
| Filing 48 NOTICE of Settlement by Defendant Steck Manufacturing (Allely, Craig) |
| Filing 47 NOTICE of Settlement by Defendant Raymond Steck (Gray, James) |
| Filing 46 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff David L. Hildebrand. All parties do not consent. (sdunb, ) |
| Filing 45 Party Mac Tools terminated pursuant to the #44 NOTICE of Voluntary Dismissal filed in this case. Text Only Entry. (sdunb, ) |
| Filing 44 NOTICE of Voluntary Dismissal of Mac Tools by Plaintiff David L. Hildebrand (sdunb, ) |
| Filing 43 REPLY to Response to #15 MOTION to Dismiss filed by Defendant Snap On Tools. (Smolczynski, Vincent) |
| Filing 42 NOTICE of Dismissal with Prejudice of Matco Tools by Plaintiff David L. Hildebrand (sdunb, ) |
| Filing 41 JOINDER re #37 MOTION to Dismiss by Defendant Raymond Steck. (Gray, James) |
| Filing 40 NOTICE of Entry of Appearance by Craig M.J. Allely on behalf of Steck Manufacturing (Allely, Craig) |
| Filing 39 MEMORANDUM regarding #37 MOTION to Dismiss filed by Steck Manufacturing. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/16/2021. (Text Only Entry) (rmsec ) |
| Filing 38 NOTICE of Entry of Appearance by Joseph Ronald Lanser on behalf of Snap On ToolsAttorney Joseph Ronald Lanser added to party Snap On Tools(pty:dft) (Lanser, Joseph) |
| Filing 37 MOTION to Dismiss by Defendant Steck Manufacturing. (Attachments: #1 Exhibit A)(Allely, Craig) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Brill Investments, Inc. for Steck Manufacturing. (Conard, Christopher) |
| Filing 35 NOTICE of Entry of Appearance by Christopher R Conard on behalf of Steck ManufacturingAttorney Christopher R Conard added to party Steck Manufacturing(pty:dft) (Conard, Christopher) |
| Filing 34 RESPONSE to #15 MOTION to Dismiss filed by Plaintiff David L. Hildebrand. (Attachments: #1 Affidavit in Support of Response, #2 Supplement in Support of Response)(sdunb, ) |
| Filing 33 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re #29 Notice of Entry of Appearance filed by attorney Vincent M. Smolczynski. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Manage my Account tab at the PACER website at https://www.pacer.gov/, pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (sdunb, ) |
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Filing 32
Minute ORDER by Magistrate Judge N. Reid Neureiter on 9 November 2021. This case is before the Court on review of the docket. It is hereby ORDERED that that the parties should be prepared to argue the pending motions at the Status Conference set for December 13, 2021. In order for the parties to have adequate time to present their arguments, it is further ORDERED that the Status Conference is RESET to December 13, 2021 at 9:30 a.m. The parties are directed to call the conference line as a participant at (888) 398-2342, Access Code 5755390# at the scheduled time. PLEASE READ ATTACHED MINUTE ORDER. (cmadr, )
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| Filing 31 Clerk's ENTRY OF DEFAULT as to Mac Tools, by Clerk. Text Only Entry. (sdunb, ) |
| Filing 30 NOTICE re #24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss (Notice of Joinder with Matco Tools' Motion to Stay Discovery Pending Ruling on Motion to Dismiss) by Defendant Snap On Tools (Smolczynski, Vincent) |
| Filing 29 NOTICE of Entry of Appearance by Vincent Smolczynski on behalf of Snap On ToolsAttorney Vincent Smolczynski added to party Snap On Tools(pty:dft) (Smolczynski, Vincent) |
| Filing 28 REQUEST TO CLERK FOR ENTRY OF DEFAULT AGAINST MAC TOOLS by Plaintiff David L. Hildebrand. (Attachments: #1 Affidavit)(sdunb, ) |
| Filing 27 SUMMONS Returned Executed by David L. Hildebrand. Raymond Steck served on 10/29/2021, answer due 11/19/2021. (sdunb, ) |
| Filing 26 SUMMONS Returned Executed by David L. Hildebrand. Steck Manufacturing served on 10/27/2021, answer due 11/17/2021. (sdunb, ) |
| Filing 25 MEMORANDUM regarding #24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss filed by Matco Tools. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/4/2021. (Text Only Entry) (rmsec ) |
| Filing 24 MOTION to Stay Discovery Pending Ruling on Motion to Dismiss by Defendant Matco Tools. (Beard, James) |
| Filing 23 MEMORANDUM regarding #21 MOTION to Dismiss for Failure to State a Claim Under Fed. R. Civ. P. 12(b)(6) filed by Matco Tools. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 11/1/2021. (Text Only Entry) (rmsec ) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Vontier Corporation for Matco Tools. (Beard, James) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim Under Fed. R. Civ. P. 12(b)(6) by Defendant Matco Tools. (Attachments: #1 Declaration of James Beard in support of Motion to Dismiss, #2 Exhibit A to Motion to Dismiss (02-cv-1125, ECF No. 253))(Beard, James) |
| Filing 19 NOTICE of Entry of Appearance by James Warren Beard on behalf of Matco ToolsAttorney James Warren Beard added to party Matco Tools(pty:dft) (Beard, James) |
| Filing 18 NOTICE of Entry of Appearance by Heather J. Kliebenstein on behalf of Matco ToolsAttorney Heather J. Kliebenstein added to party Matco Tools(pty:dft) (Kliebenstein, Heather) |
| Filing 20 NOTICE of Voluntary Dismissal of Cornwell Quality Tools by Plaintiff David L. Hildebrand (sdunb, ) |
| Filing 17 MEMORANDUM regarding #15 MOTION to Dismiss filed by Snap On Tools. Motion referred to Magistrate Judge N. Reid Neureiter. By Judge Raymond P. Moore on 10/21/2021. (Text Only Entry) (rmsec ) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Snap-on Incorporated for Snap On Tools. (Mintz, Marcus) |
| Filing 15 MOTION to Dismiss by Defendant Snap On Tools. (Attachments: #1 Exhibit Jamison Declaration ISO MTD)(Mintz, Marcus) |
| Filing 14 SUMMONS Returned Executed by David L. Hildebrand. Cornwell Quality Tools served on 10/8/2021, answer due 10/29/2021. (sdunb, ) |
| Filing 13 SUMMONS Returned Executed by David L. Hildebrand. Snap On Tools served on 10/8/2021, answer due 10/29/2021. (sdunb, ) |
| Filing 12 SUMMONS Returned Executed by David L. Hildebrand. Mac Tools served on 10/8/2021, answer due 10/29/2021. (sdunb, ) |
| Filing 11 SUMMONS Returned Executed by David L. Hildebrand. Matco Tools served on 10/8/2021, answer due 10/29/2021. (sdunb, ) |
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Filing 10
ORDER SETTING STATUS CONFERENCE FOR PRO SE PLAINTIFF by Magistrate Judge N. Reid Neureiter on 24 September 2021. Status Conference set for 12/13/2021 10:00 AM in Courtroom C203 before Magistrate Judge N. Reid Neureiter. The Status Conference will be conducted via telephone. The parties are directed to call the conference line as a participant at (888) 398-2342, AccessCode 5755390# at the scheduled time. (cmadr, )
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| Filing 9 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Magistrate Judge Consent Form) (evana, ) |
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Filing 8
MINUTE ORDER: This matter is before the Court sua sponte upon review of this matter in which Plaintiff appears pro se. The Court strongly encourages Plaintiff to contact the Federal Pro Se Clinic which provides free assistance to people representing themselves in the U.S. District Court for the District of Colorado. The Clinic cannot assist with criminal, bankruptcy, habeas, appeals, or any state cases. If Plaintiff wishes to avail himself of this service, he may make an appointment by phone (303-380-8786) or online at www.cobar.org/cofederalproseclinic. The Clinic is located at: Alfred A. Arraj Courthouse (first floor), 901 19th Street, Denver, CO 80294. By Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec )
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Filing 7
MINUTE ORDER: With the assignment of this matter, the parties are advised that throughout this case they are expected to be familiar and comply with not only the Local Rules of this District, but also Judge Raymond P. Moore's Civil Practice Standards, which may be found at: http://www.cod.uscourts.gov/JudicialOfficers/ActiveArticleIIIJudges/HonRaymondPMoore.aspx. SO ORDERED by Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec )
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Filing 6
ORDER REFERRING CASE to Magistrate Judge N. Reid Neureiter. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. By Judge Raymond P. Moore on 9/24/2021. (Text Only Entry) (rmsec)
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| Filing 5 This case was originally assigned incorrectly. Pursuant to D.C.COLO.LCivR 40.1, the case has been directly reassigned to Judge Raymond P. Moore and drawn to Magistrate Judge N. Reid Neureiter. All future pleadings should be designated as 21-cv-2551-RM Text Only Entry (cpomm, ) |
| Filing 4 Report re Patent/Trademark: Report on the filing of an action emailed (NEF) to the Director of the U.S. Patent and Trademark Office. (cpomm, ) |
| Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons not issued. (cpomm, ) |
| Filing 2 Case assigned to Magistrate Judge Kristen L. Mix. Text Only Entry (cpomm, ) |
| Filing 1 COMPLAINT & Cause of Action for: Patent Infringement, Fraud Upon the Court & Other Relief against Cornwell Quality Tools, Mac Tools, Matco Tools, Snap On Tools, Raymond Steck, Steck Manufacturing Filing Fee: $402Receipt Number:COX100488, filed by David L. Hildebrand. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(cpomm, ) |
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