Fleming v. Escort, Inc. et al
Plaintiff: Hoyt A Fleming
Defendant: Escort, Inc., Beltronics USA, Inc., Best Buy Co., Inc., Amazon.com, Inc., Hayneedle, Inc., Buy.com, Inc., Tigerdirect, Inc., Fry's Electronics, Herrington Catalog, Buy Radar Detectors, Inc., Best Radar Detectors, ABT, Inc., J&R Music and Computer World, Sears Holding Corp., 1stRadarDetectors, Beach Camera/Buydig.com, Inc., AM Merchandising, Inc., Excel Distributing, Inc., DBSouth, Inc., Fulfillment Services, Inc., Car Toys, Inc. and DAS Distributors, Inc.
Counter_claimant: Escort, Inc. and Beltronics USA, Inc.
Counter_defendant: Hoyt A Fleming
Case Number: 1:2012cv00066
Filed: February 13, 2012
Court: US District Court for the District of Idaho
Office: Boise - Southern Office
County: Ada - Southern
Presiding Judge: B. Lynn Winmill
Nature of Suit: Patent
Cause of Action: 35 U.S.C. ยง 271
Jury Demanded By: Both

Available Case Documents

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

Date Filed Document Text
September 22, 2015 Opinion or Order Filing 305 MEMORANDUM DECISION & ORDER the motion for sanctions due to spoliation of evidence (docket no. 221 ) is GRANTED IN PART AND DENIED IN PART. The second motion for sanctions due to spoliation of evidence (docket no. 223 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 4, 2015 Opinion or Order Filing 303 MEMORANDUM DECISION & ORDER the motion for reconsideration filed by Fleming (docket no. 265 ) is GRANTED IN PART AND DENIED IN PART. It is further ORDERED, that the motion for reconsideration filed by Escort (docket no. 260 ) is DENIED. It is furt her ORDERED, that Fleming's fee petition (docket no. 238 ) is GRANTED and that Escort pay to Fleming the sum of $51,461 representing fees and costs. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
April 20, 2015 Opinion or Order Filing 268 MEMORANDUM DECISION AND ORDER Plaintiff's Renewed Motion to Dismiss Certain of Defendants' Counterclaims and Defenses (docket no. 212 ) is DENIED. Escort shall filed an Amended Answer and Counterclaim within 30 days from the dateof this decision. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
February 19, 2015 Opinion or Order Filing 231 MEMORANDUM DECISION AND ORDER, Fleming's second motion for terminating sanctions (docket no. 182 ) is GRANTED IN PART AND DENIED IN PART. Escort's motion for protective order (docket no. 158 ) is DENIED. Escort's motion for an order to show cause and for sanctions (docket no. 162) is DENIED. the motion for hearing (docket no. 206 ) is GRANTED. Escort's motion to compel and for sanctions (docket no. 196 ) is GRANTED IN PART AND DENIED IN PART. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
February 13, 2015 Opinion or Order Filing 227 MEMORANDUM DECISION AND ORDER granting in part and denying in part 137 Motion to Compel; granting in part and denying in part 146 Motion to Compel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
January 9, 2015 Opinion or Order Filing 208 MEMORANDUM DECISION Plaintiff Fleming's fee request is reasonable, and the Court will add the sum of $93,505.50 to the existing award of $248,143.50 to arrive at a sum of $341,649.00 for attorney fees. The Court will order that the sum be paid immediately. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
September 29, 2014 Opinion or Order Filing 178 MEMORANDUM DECISION AND ORDER The motion for sanctions and to terminate (docket 144 ) and the motion for an order to show cause (docket 71 ) are GRANTED IN PART AND DENIED IN PART. The motion to compel regarding electronically stored information a nd for sanctions (docket 135 ) is GRANTED. The motion for preliminary injunction (docket 145 ) is DENIED. The motion to strike, or in the alternative to file sur-reply brief (docket 101 ) is GRANTED IN PART AND DENIED IN PART. The motion to enforc e Local Rule 3.4 (docket 107 ) is DEEMED MOOT. The motion to supplement patent invalidity contentions (docket 76 ) is GRANTED and defendants shall file their supplement within 20 days from the date of this Order. The motion to clarify (docket 77) i s GRANTED. the Second Motion to Dismiss (docket 79 ) is GRANTED IN PART AND DENIED IN PART. The motion for protective order and sanctions (docket 81 ) is GRANTED IN PART AND DECLARED MOOT IN PART. The motions to unseal (docket 72 , 87 & 117 ) a re DENIED. The motion to unseal (docket 95 ) is GRANTED. The motion to file redacted version (docket no. 105 ) is DENIED. the motion to add the 9500ix (docket 86 ) is GRANTED. The motion to compel privilege log (docket 124 ) is GRANTED. The motion to compel redactions log and sanctions (docket 119 ) is DEEMED MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
March 12, 2014 Opinion or Order Filing 138 MEMORANDUM DECISION AND ORDER The motion to dismiss (docket no. 63 ) is DENIED. The motion to supplement (docket no. 66 ) is GRANTED. The motion to supplement motion to set aside default (docket no. 58 ) and the motion to set aside default (dock et no. 51 ) are GRANTED. the default (docket no. 48 ) is SET ASIDE and Beach Camera/Buydig.com Inc. is reinstated as a party defendant. Fleming's request for attorney fees (made in briefing and not by motion) is DENIED. Beach Cameras motion fo r extension regarding discovery (docket no. 55 ) is DEEMED MOOT. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) Modified on 3/12/2014 to edit text (jp).
October 30, 2013 Opinion or Order Filing 103 MEMORANDUM DECISION AND ORDER the motion to vacate Markman hearing (docket no. 78 ) is GRANTED and the hearing set for November 8, 2013, is VACATED. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp)
August 5, 2013 Opinion or Order Filing 61 MEMORANDUM DECISION AND ORDER, granting in part and denying in part 33 MOTION to Dismiss Counts One and Two of the Complaint; granting in pary and denying in part 42 MOTION to Dismiss Counts One and Two of the Complaint; granting MO TION to Stay the Remaining Claims. This action is stayed against all defendants except Escort until further order of this Court. The action against Escort shall proceed and is not subject to this stay. Claim Construction Hearing set for 11/8/2013 09:00 AM in Boise - Courtroom 3 before Judge B. Lynn Winmill. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
April 30, 2013 Opinion or Order Filing 44 MEMORANDUM DECISION AND ORDER. It is hereby ordered, that the Court will reserve ruling on the 43 MOTION for Entry of Default Against Defendant Beach Camera/Buy.Dig.Com. It is further ordered, that Fleming shall file, within ten days, an aff idavit in support of his motion explaining (1) whether he was proceeding under Idaho Rule 4(d)(4)(B); and, if so, (2) how he complied with each requirement of that Rule, and how he obtained the address of Beach Camera. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)
March 6, 2013 Opinion or Order Filing 31 MEMORANDUM DECISION AND ORDER denying 10 Motion for Preliminary Injunction; conditionally granting in part and denying in part 18 Motion to Dismiss. The Clerk shall send out a Notice of a Case Management Conference to all counsel. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (krb)
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Search for this case: Fleming v. Escort, Inc. et al
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Plaintiff: Hoyt A Fleming
Represented By: Michael S Dowler
Represented By: Bradlee R Frazer
Represented By: Steven F Schossberger
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Defendant: Escort, Inc.
Represented By: Terry C Copple
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Defendant: Beltronics USA, Inc.
Represented By: Terry C Copple
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Defendant: Best Buy Co., Inc.
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Defendant: Amazon.com, Inc.
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Defendant: Hayneedle, Inc.
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Defendant: Buy.com, Inc.
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Defendant: Tigerdirect, Inc.
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Defendant: Fry's Electronics
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Defendant: Herrington Catalog
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Defendant: Buy Radar Detectors, Inc.
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Defendant: Best Radar Detectors
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Defendant: ABT, Inc.
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Defendant: J&R Music and Computer World
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Defendant: Sears Holding Corp.
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Defendant: 1stRadarDetectors
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Defendant: Beach Camera/Buydig.com, Inc.
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Defendant: AM Merchandising, Inc.
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Defendant: Excel Distributing, Inc.
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Defendant: DBSouth, Inc.
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Defendant: Fulfillment Services, Inc.
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Defendant: Car Toys, Inc.
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Defendant: DAS Distributors, Inc.
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Counter_claimant: Escort, Inc.
Represented By: Terry C Copple
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Counter_claimant: Beltronics USA, Inc.
Represented By: Terry C Copple
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Counter_defendant: Hoyt A Fleming
Represented By: Michael S Dowler
Represented By: Bradlee R Frazer
Represented By: Steven F Schossberger
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