Pierce Manufacturing Inc v. REV Group, Inc et al
| Pierce Manufacturing, Inc. |
| E-ONE Inc and REV Group, Inc. |
| 8:2018cv00976 |
| April 20, 2018 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Virginia M Hernandez Covington |
| James S Moody |
| Anthony E Porcelli |
| Thomas G Wilson |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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Filing 95
ORDER: The Report and Recommendation (Dkt. S-44, Case No. 18-cv-617-JSM-TGW) of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this order for all purposes, including appellate review. Plaintiff's Motion for Preliminary Injunction (Dkt. #6) is GRANTED in part, to the extent that Defendant E-ONE is hereby enjoined from making, using, selling, and offering to sell its Metro 100 Quint apparatus. Signed by Judge James S. Moody, Jr. on 11/5/2018. (SMB)
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| Filing 94 REDACTED REPORT AND RECOMMENDATION re #6 Plaintiff's Motion for Preliminary Injunction; recommending that preliminary injunction be granted. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2018. (DMS) |
| Filing 93 Copy of ORDER in case no. 8:18-cv-617-T-30TGW granting Plaintiff's Unopposed Motion for Redaction of Portions of June 13, 2018 Report and Recommendation. The Clerk is directed to file the plaintiff's redacted version of Report and Recommendation in case numbers 8:18-cv-617-T-30TGW and 8:18-cv-T-976-T30AEP. The original Report and Recommendation in both cases shall be filed under seal. (DMS) |
| Filing 92 NOTICE by Pierce Manufacturing, Inc. re #91 Order pdf of Filing Redacted Transcript (Attachments: #1 Redacted May 30, 2018 Motion Hearing Transcript)(Willis, David) |
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Filing 91
Copy of ORDER granting Plaintiff's Unopposed Motion for Redaction of Portions of the May 30, 2018 Hearing Transcript and Memorandum of Law in Support to the extent that the Clerk is directed to file the hearing transcript in case numbers 8:18-cv-617-T-30TGW (Doc. 53) and 8:18-cv-976-T-30AEP (Doc. 88) under seal. Plaintiff's counsel shall file a redacted transcript of the hearing in case number 8:18-cv-976-T-30AEP. Signed by Magistrate Judge Thomas G. Wilson on 6/27/2018. (DMS)
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| Filing 89 NOTICE to counsel of filing of OFFICIAL TRANSCRIPTof motion hearing. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: David Collier. (DJC) |
| Filing 88 TRANSCRIPT of motion hearing held on May 30, 2018 before Magistrate Judge Thomas G. Wilson. Transcriber David J. Collier, Telephone number (813) 301-5575. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Transcriber. Redaction Request due 6/25/2018, Redacted Transcript Deadline set for 7/5/2018, Release of Transcript Restriction set for 9/4/2018. (DJC) (LSS). |
| Filing 86 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: MOTION HEARING held on 5/30/2018 re #6 Motion for Preliminary Injunction filed by Pierce Manufacturing, Inc. (DIGITAL) (DMS) |
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Filing 85
ORDER Setting Hearing on #6 Motion for Preliminary Injunction: Motion Hearing set for 5/30/2018 at 02:30 PM in Tampa Courtroom 12A before Magistrate Judge Thomas G. Wilson. Signed by Magistrate Judge Thomas G. Wilson on 5/15/2018. (DMS)
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| Filing 84 Case reassigned to Magistrate Judge Thomas G. Wilson. New case number: 8:18-cv-976-T-30TGW. Magistrate Judge Anthony E. Porcelli no longer assigned to the case. (JNB) |
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Filing 83
ORDER: The Joint Motion to Consolidate Cases and Transfer (Dkt. 79) filed in Case No. 8:18-cv-976-T-30AEP is GRANTED, to the extent that the case shall be consolidated with Case No. 8:18-cv-617-T-30TGW. Case No. 8:18-cv-976-T-30AEP is consolidated with Case No. 8:18-cv-617-T-30TGW. The Clerk is directed to reassign Case No. 8:18-cv-976-T-30AEP to Magistrate Judge Thomas G. Wilson and administratively close the case. The parties shall file all future pleadings in Case No. 8:18-cv-617-T-30TGW with the style of the case contained in this Order. Plaintiffs' Motion for Preliminary Injunction filed in Case No. 8:18-cv-976 #6 is reinstated and REFERRED to Magistrate Judge Thomas G. Wilson who shall submit proposed findings of fact and recommendation as to the appropriate disposition of the Motion. The Joint Motion for Extension of Time to Meet and Confer Regarding Case Management Report and Request for Telephonic Appearance at the Case Management Hearing #17 filed in Case No. 8:18-cv-617-T-30TGW is GRANTED. The parties shall meet and confer regarding the preparation of the Case Management Report on or before Friday, May 18, 2018. The parties may meet telephonically for the purpose of preparing the Case Management Report. The parties shall file a Joint Case Management Report on or before June 7, 2018. Signed by Judge James S. Moody, Jr. on 5/2/2018. (SMB)
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| Cases associated: Create association to 8:18-cv-00617-JSM-TGW. (JNB) |
| Filing 82 Case Reassigned to Judge James S. Moody, Jr. New case number: 8:18-cv-976-T-30AEP. Judge Virginia M. Hernandez Covington no longer assigned to the case. (AG) |
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Filing 81
ORDER: The parties' Joint Motion to Consolidate and Transfer (Doc. # 79) is GRANTED in part as to transfer. This case is hereby reassigned to the Honorable James S. Moody, Jr., United States District Judge, with his consent, to conduct all further proceedings. Signed by Judge Virginia M. Hernandez Covington on 4/30/2018. (AHG)
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| Filing 80 RESPONSE TO ORDER TO SHOW CAUSE re 77 Order to show cause filed by Pierce Manufacturing, Inc.. (Willis, David) |
| Filing 79 Joint MOTION to Consolidate Cases and Transfer by Pierce Manufacturing, Inc.. (Willis, David) |
| Filing 78 NOTICE of pendency of related cases per Local Rule 1.04(d) by Pierce Manufacturing, Inc.. Related case(s): Yes (Whitehead, Sara) |
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Filing 77
ENDORSED ORDER: On April 20, 2018, the Eastern District of Wisconsin transferred this case to the Middle District of Florida. The case was transferred to the Tampa Division and assigned to the undersigned. Venue is proper in a patent infringement case where either (1) the defendant resides; or (2) the defendant has committed the alleged acts of infringement and has a regular and established place of business. See 28 U.S.C. 1400(b). The Defendants' Brief in Support of the Motion to Dismiss and/or Motion to Transfer Case to District Court for the Middle District of Florida (Doc. #23 ) states that Defendant E-One's headquarters and manufacturing are located in Ocala, Florida. The Middle District of Florida is divided into five Divisions, including the Ocala Division. See Local Rule 1.02(b). Accordingly, the parties are directed to show cause by April 27, 2018 why this case should not be transferred to the Ocala Division of the Middle District of Florida for all further proceedings pursuant to Local Rule 1.02(c). Signed by Judge Virginia M. Hernandez Covington on 4/23/2018. (AHG)
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| Filing 76 NOTICE to counsel Joshua M. Weeks, Scott J. Pivnick, Thomas Wickham Schmidt, Sherry D Coley,Jonathan H. Margolies, Lawrence Scott Gordon, and Patricia Linn Jenness of Local Rule 2.02 (signed by deputy clerk). (JNB) |
| Filing 75 NOTICE to counsel of new case number and judge assignment 8:18-cv-976-T-33AEP(signed by deputy clerk). (JNB) |
| Filing 74 Case transferred in from District of Wisconsin Eastern; Case Number 1:18-cv-00284. File received electronically |
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Filing 73
Order to Transfer Case signed by Chief Judge William C. Griesbach on 4/20/18. Defendant's #22 Motion to dismiss or transfer is GRANTED. The Clerk is directed to take all steps appropriate to transfer the case to the Middle District of Florida. Plaintiff's #6 Motion for preliminary injunction is DENIED AS MOOT. The parties' #14 #42 #62 Motions to seal and restrict documents are GRANTED. (cc: all counsel)(Griesbach, William) [Transferred from wied on 4/20/2018.]
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| Filing 72 Minute Entry for proceedings held before Chief Judge William C Griesbach: Motion Hearing held on 4/20/2018 re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida filed by E-ONE Inc, REV Group Inc, #6 MOTION for Preliminary Injunction filed by Pierce Manufacturing Inc. The court grants the motion to transfer venue to the Middle District of Florida. (Tape #042018) (cav) [Transferred from wied on 4/20/2018.] |
| Case Electronically Transmitted to the USDC Middle District of Florida on 4/20/2018. (lh) [Transferred from wied on 4/20/2018.] |
| Filing 71 UNPUBLISHED Decision and Other Materials Cited in Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint filed by All Defendants (Attachments: #1 Exhibit Part 2 of Unpublished Opinions, #2 Exhibit Part 3 of Unpublished Opinions)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 70 DECLARATION of Timothy W. Sullivan in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 69 DECLARATION of Dean Nolden in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 68 DECLARATION of Ryan Clarey in Support of Defendants' Reply in Support of Defendants' Motion to Dismiss and/or Transfer the Complaint (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 67 REPLY BRIEF in Support filed by All Defendants re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 66 NOTICE of Appearance by Joshua M Weeks on behalf of Pierce Manufacturing Inc. Attorney(s) appearing: Joshua Weeks (Weeks, Joshua) [Transferred from wied on 4/20/2018.] |
| Filing 65 DECLARATION of Michael Dufrane (Redacted) re #57 Declaration (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 64 DECLARATION of Andrew W. Carter (Redacted) re #61 Declaration (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 63 REPLY BRIEF in Support filed by Pierce Manufacturing Inc re #6 MOTION for Preliminary Injunction (Redacted). (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 62 MOTION to Restrict Document by Pierce Manufacturing Inc. (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 61 DECLARATION of Andrew W. Carter This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 60 DECLARATION of Scott Pivnick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10, #6 Exhibit 11)(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 59 DECLARATION of David McAlice in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 5)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 58 Report from Dr. Thomas Kurfess Regarding Infringement and Validity of U.S. Patent Nos. 9,597,536 and 9,814,915. (Attachments: #1 Exhibit 4)(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 57 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 2, #2 Exhibit 3)This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 56 DECLARATION of Lisa Barwick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 1)(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 55 REPLY BRIEF in Support filed by Pierce Manufacturing Inc re #6 MOTION for Preliminary Injunction . This document and/or certain attachments are restricted to case participants and attorneys of record should use their efiling login and password to view this document(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 54 NOTICE by All Defendants of Correction Regarding Defendants' Opposition to Plaintiff's Motion for Preliminary Injunction (ECF No. 44) (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
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Filing 53
TEXT ONLY ORDER GRANTING #52 Rule 7(h) Motion for Leave to File Excess Pages, filed by Pierce Manufacturing Inc, signed by Chief Judge William C. Griesbach on 04/18/2018. The Plaintiff's Reply brief shall not exceed 40 pages. (cc: all counsel)(Griesbach, William) [Transferred from wied on 4/20/2018.]
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| Filing 52 Rule 7(h) Expedited Non-Dispositive MOTION for Leave to File Excess Pages by Pierce Manufacturing Inc. (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| NOTICE of TIME CHANGE for Hearing on #6 MOTION for Preliminary Injunction , #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida : Motion Hearing set for 4/20/2018 09:00 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (cc: all counsel)(tlf) [Transferred from wied on 4/20/2018.] |
| Filing 51 UNPUBLISHED Decision in Opposition to Plaintiffs Motion for Preliminary Injunction filed by All Defendants (Attachments: #1 Exhibit Unpublished Opinions - Part 2, #2 Exhibit Unpublished Opinions - Part 3)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 50 DECLARATION of Alan Saulsbury in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 ALAN SAULSBURY - Resume, #2 Exhibit 2 US9597536, #3 Exhibit 3 FH15351417, #4 Exhibit 4 US9814915, #5 Exhibit 5 FH15460901, #6 Exhibit 6 US9504863, #7 Exhibit 7 FH14552252, #8 Exhibit 8 METRO 100 - E-ONE - Website, #9 Exhibit 9-1.1 1996 Seagrave 100' single-axle rear mount quint (New), #10 Exhibit 9-1.2 Lincolnshire-Riverwoods sells Seagrave units chicagoareafire, #11 Exhibit 9-1.3 Apparatus - Mt Washington Fire Protection District, #12 Exhibit 9-2 1997 Seagrave Town of Essex, MA - Essex Fire Department Apparatus, #13 Exhibit 9-3 2012 Spicer Drive Axles Application Guidelines - Dana Corporation, #14 Exhibit 9-4 2012 Spicer steeraxlesappguide, #15 Exhibit 9-5 Meritor SP1226, #16 Exhibit 9-6 2011-11-22 FAMA Emergency Vehicle Size and Weight Regulation Guideline, #17 Exhibit 9-7 Steel vs Aluminum, #18 Exhibit 9-8 BILLS-112hr7rh, #19 Exhibit 9-9 2013-10-19 Aerial Ladders Brochure, #20 Exhibit 9-10 2015 DoT compilation of state truck laws, #21 Exhibit 9-11 2013-09-15 Pierce Velocity _ All, #22 Exhibit 9-12 2011-08-29 Pierce Quantum-All, #23 Exhibit 9-13 2012-02-01 Pierce Arrow XT-All, #24 Exhibit 9-14 2013-08-23 100' Aluminum ladder_All, #25 Exhibit 9-15 2012-08-14 100' Pierce Mid-Mount Ladder-All, #26 Exhibit 9-16 2012-08-28 105' Heavy Duty Ladder_All, #27 Exhibit 9-17 2012-08-28-100' Heavy Duty Ladder _ All, #28 Exhibit 9-18 2013-06-12 CustomChassis Brochure, #29 Exhibit 9-19 US5368317 to McCombs, #30 Exhibit 9-20 US6755258 to Hunke, #31 Exhibit 9-21 US6811161 to Anderson I, #32 Exhibit 9-22 20090174158 to Anderson II, #33 Exhibit 9-23 US20090101436 to Burman, #34 Exhibit 9-24 KME's Tractor Drawn Aerial Fire Trucks, #35 Exhibit 10 Claim Charts, #36 Exhibit 11 NFPA 1901-1991, #37 Exhibit 12 1901-09-PDF, #38 Exhibit 13 NFPA 1901-16-PDF, #39 Exhibit 14_PART 1 of 2_Industry tip load publication, #40 Exhibit 14_PART 2 of 2_Industry tip load publication)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 49 DECLARATION of Craig Forest, PhD in Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 1 CV_(18-04-05) Forest, #2 Exhibit 2 US9597536, #3 Exhibit 3 FH15351417, #4 Exhibit 4 US9814915, #5 Exhibit 5 FH15460901, #6 Exhibit 6 US9504863, #7 Exhibit 7 FH14552252, #8 Exhibit 8 METRO 100 - E-ONE - Website, #9 Exhibit 9-1.1 1996 Seagrave 100' single-axle rear mount quint (New), #10 Exhibit 9-1.2 Lincolnshire-Riverwoods sells Seagrave units chicagoareafire, #11 Exhibit 9-1.3 Apparatus - Mt Washington Fire Protection District, #12 Exhibit 9-2 1997 Seagrave Town of Essex, MA - Essex Fire Department Apparatus, #13 Exhibit 9-3 2012 Spicer Drive Axles Application Guidelines - Dana Corporation, #14 Exhibit 9-4 2012 Spicer steeraxlesappguide, #15 Exhibit 9-5 Meritor SP1226, #16 Exhibit 9-6 2011-11-22 FAMA Emergency Vehicle Size and Weight Regulation Guideline, #17 Exhibit 9-7 Steel vs Aluminum, #18 Exhibit 9-8 BILLS-112hr7rh, #19 Exhibit 9-9 2013-10-19 Aerial Ladders Brochure, #20 Exhibit 9-10 2015 DoT compilation of state truck laws, #21 Exhibit 9-11 2013-09-15 Pierce Velocity _ All, #22 Exhibit 9-12 2011-08-29 Pierce Quantum-All, #23 Exhibit 9-13 2012-02-01 Pierce Arrow XT-All, #24 Exhibit 9-14 2013-08-23 100' Aluminum ladder_All, #25 Exhibit 9-15 2012-08-14 100' Pierce Mid-Mount Ladder-All, #26 Exhibit 9-16 2012-08-28 105' Heavy Duty Ladder_All, #27 Exhibit 9-17 2012-08-28-100' Heavy Duty Ladder _ All, #28 Exhibit 9-18 2013-06-12 CustomChassis Brochure, #29 Exhibit 9-19 US5368317 to McCombs, #30 Exhibit 9-20 US6755258 to Hunke, #31 Exhibit 9-21 US6811161 to Anderson I, #32 Exhibit 9-22 20090174158 to Anderson II, #33 Exhibit 9-23 US20090101436 to Burman, #34 Exhibit 9-24 KME's Tractor Drawn Aerial Fire Trucks, #35 Exhibit 10 Claim Charts, #36 Exhibit 11 NFPA 1901-1991, #37 Exhibit 12 1901-09-PDF, #38 Exhibit 13 NFPA 1901-16-PDF, #39 Exhibit 14_PART 1 of 2_Industry tip load publication, #40 Exhibit 14_PART 2 of 2_Industry tip load publication)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 48 DECLARATION of James Salmi in Opposition to Plaintiff's Motion for Preliminary Injunction (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 47 DECLARATION of Ralph Craven in Opposition to Plaintiff's Motion for Prelimiary Injunction (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 46 DECLARATION of Richard F. Bero in Opposition to Plaintiff's Motion for Prelimiary Injunction This document and/or certain attachments are SEALED and only viewable by permission of the court(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 45 DECLARATION of Samuel A. Lewis in Opposition to Plaintiff's Motion for Prelimiary Injunction (Attachments: #1 Exhibit A Letter of 6-13-2017, #2 Exhibit B 06 Dec 2010 chicagoareafire, #3 Exhibit C-Apparatus - Mt Washington Fire Protection District, #4 Exhibit D-Reddit Discussion2, #5 Exhibit E-Reddit Discussion1, #6 Exhibit F-The Fire Apparatus and Equipment Market in 2018, #7 Exhibit G-Draft 915 PGR Petition, #8 Exhibit H-Draft 536 IPR petition)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 44 BRIEF in Opposition filed by All Defendants re #6 MOTION for Preliminary Injunction SEALED. This document and/or certain attachments are SEALED and only viewable by permission of the court(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 43 BRIEF in Opposition filed by All Defendants re #6 MOTION for Preliminary Injunction Redacted. (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 42 MOTION to Seal Document by All Defendants. (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
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Filing 41
TEXT ONLY ORDER GRANTING #40 Unopposed Motion for Leave to File Excess Pages filed by E-ONE Inc, REV Group Inc, signed by Chief Judge William C. Griesbach on 04/09/2018. The Response brief shall not exceed 55 pages. (cc: all counsel)(Griesbach, William) [Transferred from wied on 4/20/2018.]
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| Filing 40 Unopposed MOTION for Leave to File Excess Pages by All Defendants. (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 39 RESPONSE to Motion filed by Pierce Manufacturing Inc re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 38 DECLARATION of Scott Pivnick in Support of Plaintiff's Response to Defendants' Motion to Dismiss and/or Transfer Complaint (Attachments: #1 REV Group Fire Division E-One Unveils New HR 100 Aerial Ladder, #2 Complaint filed by E-One and REV before the Middle District of Florida in Case No. 8:18-cv-617-JSM-TGW, #3 E-Ones foreign profit corporation filing information, as recorded with the Florida Division of Corporations, #4 US & Canada Dealer Search, #5 Report and Recommendation filed in Am. GNC Corp. v. ZTE Corp., Case No. 4:17-cv-620-ALM-KPJ (E.D. Tex. Oct. 4, 2017), #6 Homepage from E-Ones website)(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 37 DECLARATION of Lisa Barwick (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 36 SUMMONS Returned Executed by All Plaintiffs. E-ONE Inc served on 3/19/2018. (Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 35 NOTICE of Appearance by Samuel A Lewis on behalf of All Defendants. Attorney(s) appearing: Samuel A. Lewis (Lewis, Samuel) [Transferred from wied on 4/20/2018.] |
| Filing 34 NOTICE of Appearance by James A Gale on behalf of All Defendants. Attorney(s) appearing: James A Gale (Gale, James) [Transferred from wied on 4/20/2018.] |
| Filing 33 NOTICE of Appearance by James A Gale on behalf of All Defendants. Attorney(s) appearing: James A. Gale, Samuel A. Lewis and Lawrence S. Gordon (Gale, James) [Transferred from wied on 4/20/2018.] |
| NOTICE of Hearing on Motion #6 MOTION for Preliminary Injunction : (cc: all counsel) Motion Hearing set for 4/20/2018 at 09:30 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (lh) [Transferred from wied on 4/20/2018.] |
| Filing 32 Minute Order. Proceedings held before Chief Judge William C Griesbach: Telephone Motion Hearing held on 3/19/2018. The Court GRANTS Defendant's #29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction. Response is due 4/9/18, Reply is due 4/18/18. The Court adopts an Oral Protective Order. Motion Hearing re: #6 Plaintiff's Motion for Preliminary Injunction is set for 4/20/2018 09:30 AM in Courtroom 201, 125 S. Jefferson St., Green Bay, WI 54301 before Chief Judge William C Griesbach. (Tape #031918) (lh) [Transferred from wied on 4/20/2018.] |
| Filing 31 NOTICE of Appearance by Patricia Linn Jenness on behalf of All Defendants. Attorney(s) appearing: Patricia L. Jenness (Jenness, Patricia) [Transferred from wied on 4/20/2018.] |
| NOTICE of Hearing on #29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction : Motion Hearing set for 3/19/2018 02:00 PM before Chief Judge William C Griesbach. Instructions: Participants are to call in to 1-888-273-3658, using Access Code 4416978, and Security Code 1234. Please contact the Office of the Clerk at 920-455-7381 if you should have any questions. (cc: all counsel)(tlf) [Transferred from wied on 4/20/2018.] |
| Filing 30 DECLARATION of Samuel A. Lewis (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 29 Emergency MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction by All Defendants. (Attachments: #1 Text of Proposed Order)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 28 DISCLOSURE Statement by All Defendants. (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 27 DECLARATION of William J. Himstedt (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 26 DECLARATION of James Salmi (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 25 DECLARATION of Amanda Patek (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 24 DECLARATION of James A. Gale (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 23 BRIEF in Support filed by All Defendants re #22 MOTION to Dismiss and/or MOTION to Transfer Case to District Court for the Middle District of Florida . (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 22 MOTION to Dismiss and/or, MOTION to Transfer Case to District Court for the Middle District of Florida by All Defendants. (Margolies, Jonathan) [Transferred from wied on 4/20/2018.] |
| Filing 21 SUMMONS Returned Executed by Pierce Manufacturing Inc. E-ONE Inc served on 2/26/2018. (Attachments: #1 Exhibit 1 - Certified Return Receipt, #2 Exhibit 2 - Proof of Delivery)(Schmidt, Thomas) [Transferred from wied on 4/20/2018.] |
| Filing 20 SUMMONS Returned Executed by Pierce Manufacturing Inc. REV Group Inc served on 2/26/2018. (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| NOTICE of Electronic Filing Error re #12 and #19 Declarations, contained documents that should have been uploaded as attachments to the main document. This document does not need to be re-filed; Please refer to the policies and procedures for electronic case filing and the user manual found at www.wied.uscourts.gov (lh) [Transferred from wied on 4/20/2018.] |
| Filing 19 DECLARATION of Andrew W. Carter with attachments This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 18 DECLARATION of Lisa Barwick in Support of Plaintiff's Motion for Preliminary Injunction This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 17 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 53 - Discount Price Request Form, #2 Exhibit 54 - Discount Price Request Form, #3 Exhibit 55 - Pierce Playbook, #4 Exhibit 56 - Sample of Pierce Presentation Regarding Ascendant Line of Products)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 16 DECLARATION of Jeff Trelka in Support of Plaintiff's Motion for Preliminary Injunction (Attachments: #1 Exhibit 57 - Chart Showing Pierce's Revenue, Expenditurs and New Product Development (2003-2017), #2 Exhibit 58 - Charts Containing Sales and Profitability for Various Pierce Product Lines (2008 - 1st Qtr 2018), #3 Exhibit 59 - Chart Containing List of Pierce Customers)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 15 BRIEF in Support filed by All Plaintiffs re #6 MOTION for Preliminary Injunction . This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 14 MOTION to Seal Document by All Plaintiffs. (Attachments: #1 Text of Proposed Order on Motion to File Documents Under Seal)This document and/or certain attachments are SEALED and only viewable by permission of the court(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 13 DECLARATION of Dr. Thomas Kurfess Regarding Infringement of U.S. Patent Nos. 9,597,536 and 9,814,915 (Attachments: #1 Exhibit 71 - Chart of Analysis of How Metro 100 Quint Infringes 536 Patent, #2 Exhibit 72 - Chart of Analysis of How Metro 100 Quint Infringes 915 Patent, #3 Exhibit 75 - Claim Chart Showing Ascendant 107 and Ascendant 110 Practice U.S. Patent No. 9,597,536, #4 Exhibit 76 - Claim Chart Showing Ascendant 107 and Ascendant 110 Practice U.S. Patent No. 9,597,536)(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 12 DECLARATION (redacted) of Andrew W. Carter with attachments (Coley, Sherry) Modified text on 2/26/2018 (lh). Modified on 2/26/2018 as redacted (lh). [Transferred from wied on 4/20/2018.] |
| Filing 11 DECLARATION (redacted) of Lisa Barwick in Support of Plaintiff's Motion for a Preliminary Injunction (Coley, Sherry) Modified as redacted on 2/26/2018 (lh). [Transferred from wied on 4/20/2018.] |
| Filing 10 DECLARATION of Michael Dufrane in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 53 - Discount Price Request Form (REDACTED), #2 Exhibit 54 - Discount Price Request Form (REDACTED), #3 Exhibit 55 - Pierce Playbook (REDACTED), #4 Exhibit 56 - Sample of Pierce Presentation Regarding Ascendant Line of Products (REDACTED), #5 Exhibit 70 - Gates Fire District Bid Specification Package)(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 9 DECLARATION of Jeff Trelka in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 57 - Chart Showing Pierce's Revenue, Expenditurs and New Product Development (2003-2017) (REDACTED), #2 Exhibit 58 - Charts Containing Sales and Profitability for Various Pierce Product Lines (2008 - 1st Qtr 2018) (REDACTED), #3 Exhibit 59 - Chart Containing List of Pierce Customers (REDACTED))(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 8 DECLARATION of Scott J. Pivnick in Support of Plaintiff's Motion for a Preliminary Injunction (Attachments: #1 Exhibit 1 - About Us Page from Pierce's Website, #2 Exhibit 2 - Agenda Item Cover Letter from City of Guthrie, OK, dated 12/6/16, #3 Exhibit 3 - Ascendant Class of Aerials - Frequently Asked Questions, #4 Exhibit 4 - Ascendant Class of Aerials Page from Pierce's Website, #5 Exhibit 5 - City Commission Agenda Memo from the City of Manhattan, KS, dated 12/21/15, #6 Exhibit 6 - City Council Work Session from the City of Belton, MO, dated 12/1/15, #7 Exhibit 7 - Report to the Redding City Council from the City of Redding, CA, dated 7/19/16, #8 Exhibit 8 - Fire Apparatus - Amazing Vehicles That Do Amazing Jobs Page from MySafe: Californias Website, #9 Exhibit 9 - Fire Truck Manufacturing - US: Market Research Report Published by IBISWorld - November 2017, #10 Exhibit 10 - General Purpose and Emergency Vehicles Page from HGACBuy's Website, #11 Exhibit 11 - Homepage from HGACBuy's Website, #12 Exhibit 12 - Investor Presentation Published by REV Group - November 2017, #13 Exhibit 13 - Article re Louisburg (KS) Fire Department Adds 107-Foot Ascendant Aerial Quint to Fleet - 4/15/16, #14 Exhibit 14 - Article re New Pierce Ascendant Aerial Ladder Delivers 107-Foot Vertical Reach - 4/23/15, #15 Exhibit 15 - Memorandum from Southern Manatee Fire and Rescue Dept. - 9/14/16, #16 Exhibit 16 - Article re Pierce Ascendant Class of Aerials are Introduced - 4/27/17, #17 Exhibit 17 - News Release Issued by REV Group on 4/25/17, #18 Exhibit 18 - News Release Issued by E-ONE, Inc. - 10/20/17, #19 Exhibit 19 - Article re S.C. County to Standardize Fire Fleet with 9 Apparatus Orders - 8/9/16, #20 Exhibit 20 - Article re The Ascendant - 6/1/15, #21 Exhibit 21 - Metro 100 Quint Page from E-ONE's Website, #22 Exhibit 22 - Timeline Page from Pierce's Website, #23 Exhibit 23 - Truck Spec Committee Report from East Manatee Fire Rescue - 5/1/17, #24 Exhibit 24 - Village Board Agenda Memo - 1/24/17, #25 Exhibit 25 - Excerpts from 2016 Edition of National Fire Protection Association 1901, #26 Exhibit 26 - Article re Aerial Manufacturers Focus on Improving the 100-Footers - 4/15/15, #27 Exhibit 27 - Article re Lebanon (IN) Fire Department Turns to E-ONE - 8/18/17, #28 Exhibit 28 - Article re Apparatus Purchasing: Factory Direct - 2/5/14, #29 Exhibit 29 - Article re Spec Writing to Get What You Want - 5/1/19, #30 Exhibit 30 - Article re Apparatus Trends in 2012 and Beyond - 6/5/12, #31 Exhibit 31 - Article re Apparatus Upgrades and Changes to FDIC 2015 - 8/1/15, #32 Exhibit 32 - Article re Enhancing Operations - 7/1/16, #33 Exhibit 33 - Article re Responsible Fleet Management for Emergency Response Vehicles - 6/4/13, #34 Exhibit 34 - FAMA Buyer's Guide TC031 Aerial Appratus, #35 Exhibit 35 - Article re The State of the Industry - 12/5/14, #36 Exhibit 36 - SEC Form 10-K for Fiscal Year Ending 9/30/17 for Oshkosh Corp., #37 Exhibit 37 - Article re The Fire Appartus Market is Coming Back..., #38 Exhibit 38 - SEC Form 10-K for Fiscal Year Ending 10/31/17 for REV Group, #39 Exhibit 39 - Article re Quints' Roles Vary Depending on Department - 6/30/15, #40 Exhibit 40 - Article re Are American Fire Trucks Too Big? - 3/16/16, #41 Exhibit 41 - Article re Tips and Tools for Writing Better Fire Appartus Purchasing Specifications - 3/3/17, #42 Exhibit 42 - Article re Standardizing Vehicles to Streamline Operations - March 2017, #43 Exhibit 43 - U.S. Patent No. 9,597,536, #44 Exhibit 44 - U.S. Patent No. 9,814,915, #45 Exhibit 45 - Article re Speccing Rural Fire Appartus - 1/17/13, #46 Exhibit 46 - Article re Appartus Purchasing: Back to Basics - 9/1/12, #47 Exhibit 47 - Article re Serious Decisions are Necessary When Specifying Aerial Apparatus - 6/1/10, #48 Exhibit 48 - Near-Term Investments Building Long-Term Growth - 1/17/18, #49 Exhibit 49 - REV Group, Inc. Analyst Day Takeaways - 1/17/18, #50 Exhibit 50 - Ascendant 107' Heavy Duty Ladder Page from Pierce's Website, #51 Exhibit 51 - Ascendant 107' Single Axle Heavy-Duty Aerial Ladder Page from Pierce's Brochure, #52 Exhibit 52 - News Release - 12/15/16, #53 Exhibit 60 - News Release - 10/20/17, #54 Exhibit 61 - News Release, #55 Exhibit 62 - Facebook Post from E-ONE - 5/24/17, #56 Exhibit 63 - Facebook Post from E-ONE - 6/2/17, #57 Exhibit 64 - Web Page Entitled Type 1 Fire Engine, #58 Exhibit 65 - Print Ads for Ascendant 107 Single Axle Ladder, #59 Exhibit 66 - NYSE OSK Financials Income Statement for Oshkosh Corp., #60 Exhibit 67 - NYSE OSK Financials Segments for Oshkosh Corp., #61 Exhibit 68 - NYSE REV Financials Income Statement for REV Group, #62 Exhibit 69 - NYSE REV Financials Segments for REV Group, #63 Exhibit 73 - Photograph of HM100 Ladder Plate, #64 Exhibit 74 - Excerpts from 2016 Edition of National Fire Protection Association 1901, #65 Exhibit 77 - Sarasota County Product Specification for Metro 100 Quint, #66 Exhibit 78 - Defendants' Metro 100 Quint Marketing Flyer, #67 Exhibit 79 - 2017-2018 Dana Specifications Guide, #68 Exhibit 80 - Brochure for Ascendant 107, #69 Exhibit 81 - Ascendant 107 Specifications -, #70 Exhibit 82 - Ascendant 110 Specifications)(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 7 BRIEF (redacted) in Support filed by All Plaintiffs re #6 MOTION for Preliminary Injunction . (Coley, Sherry) Modified as redacted on 2/26/2018 (lh). [Transferred from wied on 4/20/2018.] |
| Filing 6 MOTION for Preliminary Injunction by All Plaintiffs. (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 5 Report to the Commissioner of Patents and Trademarks (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 4 DISCLOSURE Statement by All Plaintiffs. (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 3 Refusal to Jurisdiction by US Magistrate Judge by All Plaintiffs. (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 2 REQUEST for Issuance of Summons by All Plaintiffs (Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| Filing 1 COMPLAINT with Jury Demand; against All Defendants by Pierce Manufacturing Inc. ( Filing Fee PAID $400 receipt number 0757-2776231) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Affidavit Declaration of Scott J. Pivnick in Support of Plaintiff's Complaint, #3 Exhibit 1 - REV Group Quarterly Report, #4 Exhibit 2 - E-One Annual Report (FL), #5 Exhibit 3 - 536 Patent, #6 Exhibit 4 - 915 Patent, #7 Exhibit 5 - Metro 100 Quint Specifications, #8 Exhibit 6 - 536 Infringement Chart 4, #9 Exhibit 7 - 915 Infringement Chart 3, #10 Exhibit 8 - Metro 100 Quint Flyer, #11 Exhibit 9 - HM 100 Ladder Capacity Plate, #12 Exhibit 10 - NFPA 1901)(Coley, Sherry) [Transferred from wied on 4/20/2018.] |
| NOTICE Regarding assignment of this matter to Chief Judge William C Griesbach ;Consent/refusal forms for Magistrate Judge Joseph to be filed within 21 days;the consent/refusal form is available on our website (jcl) [Transferred from wied on 4/20/2018.] |
| Summons Issued as to All Defendants. (lh) [Transferred from wied on 4/20/2018.] |
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