HotSamba Inc v. Caterpillar Inc, et al
| HotSamba, Inc. |
| Caterpillar Inc and i2 Technologies, Inc. |
| Robert T Onesto |
| 1:2001cv05540 |
| July 17, 2001 |
| US District Court for the Northern District of Illinois |
| Joan B Gottschall |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on August 16, 2007. A more recent docket listing may be available from PACER.
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| SEALED/RESTRICTED documents 29, 35, 36, 131, 134, 142, 143, 144, 145, 146, 150, 151, 188, 190, 191, 192, 193, 197, 224, 225, 226, 227, 229, 230, 231, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 276, 277, 278, 279, 280, 281, 282, 283, 300, 318, 319, 320, 326, 341, 344, 351, 352, 370, 375, 376, 391 destroyed per court order dated 8/15/07. (dlc, ) |
| Filing 432 MINUTE entry before Judge Joan B. Gottschall : Pursuant to an agreement by the parties, the court orders the clerk of the court to destroy all sealed documents in this case. Mailed notice (lcw, ) |
| Filing 431 MINUTE entry before Judge Joan B. Gottschall : Pursuant to Joint Stipulation of Dismissal #430 filed by the parties 11/2/2006, this case is dismissed with prejudice and with each party to bear its own attorneys' fees and costs. Civil case terminated. Mailed notice (gej, ) |
| Filing 430 Joint Stipulation of Dismissal by Caterpillar Inc (Attachments: #1)(Sullivan, Terry) |
| Filing 429 MINUTE entry before Judge Joan B. Gottschall : The parties' deadline for filing post-trial motions is extended to 11/2/06. Mailed notice (rj, ) |
| Filing 428 MINUTE entry before Judge Joan B. Gottschall: The parties' deadline for filing post-trial motions is extended to 11/1/06. (vmj, ) |
| Filing 427 MINUTE entry before Judge Joan B. Gottschall : Telephone conference held. It is hereby ordered that judgment entered 9/25/06 is vacated. The court sets the following schedule to resolve remaining issues relating to judgment. Briefs are due by 10/25/06. Responses due by 11/15/2006. Replies due by 11/29/2006. Ruling by mail. Mailed (vmj, ) |
| MAILED Copyright Report with certified copy of Order dated 9/25/06 to Register of Copyrights (eav, ) |
| Filing 426 JURY Verdict entered in favor of Hotsamba, Inc. on Hotsamba's Breach of Contract Claim, Copyright Infringement Claim, Trade Secret Misappropriation Claim and Caterpillar's Fraud Claim and against Caterpillar, Inc.; Verdict entered in favor of Caterpillar, Inc. on Caterpillar's Breach of Contract Claim and against Hotsamba. (mb, ) |
| Filing 425 NOTE from Chambers (mb, ) |
| Filing 424 JURY Notes (mb, ) |
| Filing 422 ENTERED JUDGMENT Signed by Judge Joan B. Gottschall on 9/25/2006:Mailed notice(eav, ) |
| Filing 421 MINUTE entry before Judge Joan B. Gottschall : Jury trial ends. Verdict reached. Jury finds for Hotsamba's claim against Caterpillar for breach of contract. Hotsamba is awarded nominal damages in the amount of $1.00. Jury finds for Hotsamba's claim against Caterpillar. for copyright infringement. Hotsamba is awarded actual damages (reasonable royalty) in the amount of $1 million and profits of Caterpillar (Transfer of the copyrighted work) in the amount of $1 million. Jury finds for Hotsamba's claim against Caterpillar of trade secret misappropriation. Hotsamba is awarded damages for the unjust enrichment of Caterpillar (transfer of the trade secret) in the amount of $2 million. Jury finds that Hotsamba is awarded $3.5 million for exemplary damages. Jury finds for Hotsamba/Onesto on Caterpillar's claim for fraud. Jury finds that Caterpillar has proven that Hotsamba was the alter ego of Robert T. Onesto. Jury finds for Caterpillar claim for breach of contract. Caterpillar is awarded actual damages against Hotsamba for breach of contract in the amount of $500,000.00. Both Hotsamba and Caterpillar are given until October 25, 2006 to file post trial motions. Responses are due by 11/27/06. Replies are due by 12/11/06. Ruling by mail. Civil case terminated. Mailed notice (eav, ) |
| Filing 423 JURY Notes (mb, ) |
| Filing 420 JURY Instructions. (mjc, ) |
| Filing 419 MINUTE entry before Judge Joan B. Gottschall : The court reserves ruling on Caterpillar's renewed motion for judgment as a matter of law #412 and HotSamba's motions for judgment as a matter of law [414, 415]. Mailed notice (mjc, ) |
| Filing 418 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/22/2006. Jury deliberations held and continued to 9/25/2006 at 9:30AM. Mailed notice (rj, ) |
| Filing 416 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/21/2006 and continued to 9/22/2006 at 08:45 AM. Mailed notice (rj, ) |
| Filing 415 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto for judgment as a Matter of Law as to Caterpillar's Counterclaims for Fraud, Breach of Contract, and Declaratory Judgment (Spector, Catherine) |
| Filing 414 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto for judgment as a Matter of Law on its Claims for Copyright Infringement, Trade Secret Misappropriation and Breach of Contract (Spector, Catherine) |
| Filing 412 MOTION by Defendant Caterpillar Inc for judgment As A Matter of Law (Sullivan, Terry) |
| Filing 410 MINUTE entry before Judge Joan B. Gottschall : Jury instruction held and concluded on 9/21/2006. Mailed notice (rj, ) |
| Filing 409 MINUTE entry before Judge Joan B. Gottschall : Jury instruction conference held and continued to 9/21/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 408 MINUTE entry before Judge Joan B. Gottschall : Jury instruction conference held on 9/20/2006. Mailed notice (rj, ) |
| Filing 407 HotSamba, Inc. and Robert T. Onesto's Proposed Verdict Forms by HotSamba, Inc., HotSamba, Inc., Robert T Onesto (Spector, Catherine) |
| Filing 406 Revised Proposed Jury Instructions For Pretrial Order by Caterpillar Inc (Sullivan, Terry) |
| Filing 405 Revised Proposed Verdict Form For Pretrial Order by Caterpillar Inc (Sullivan, Terry) |
| Filing 413 MINUTE entry before Judge Joan B. Gottschall : The court enters this minute order to address a number of recent motions that have been filed during the course of trial: (1) Caterpillars motion to preclude HotSamba from calling witnesses Knollenberg, Dawdy, Johnson, and Reid on rebuttal #398 is denied as moot, since HotSamba has informed the court that it no longer wishes to call the witnesses in question; (2) HotSamba's request for a ruling on the admissibility of PX 109 or for leave to offer evidence of defendant's responses to requests to admit #400 is denied for the reasons stated in open court; and (3) having consulted the audio recordings of the relevant testimony, Caterpillar's motion to amend/correct an error in the trial transcript and to suppress use of the incorrect transcription #397 is denied. Mailed notices (gcy, ) |
| Filing 404 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/19/2006. Jury instruction conference is set for 9/20/2006 at 01:30 PM. Jury Trial continued to 9/21/2006 at 10:00 AM. Mailed notice (rj, ) |
| Filing 403 RESPONSE by HotSamba, Inc. to MOTION by Defendant Caterpillar Inc for judgment As A Matter of Law #387 (response to Section II.A. of Defendant Caterpillar, Inc.'s supporting memorandum) (Clark, Christopher) |
| Filing 402 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/19/2006. Jury instruction conference is set for 9/20/2006 at 01:30 PM. Jury Trial continued to 9/21/2006 at 10:00 AM. Mailed notice (rj, ) |
| Filing 400 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto Request for (i) Ruling on the Admissibility of PX 109 in Light of Designated Rebuttal Testimony, or in the Alternative, (ii) Leave of Court to Offer Evidence of Defendant's Responses to Plaintiff's Requests to Admit Regarding PX 152 and PX 109 (Attachments: #1 Exhibit A-F)(Spector, Catherine) |
| Filing 417 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Caterpillar Inc by Gregory J. Commins, Jr; Order entered granting leave by Joan B. Gottschall. Filing fee $ 100 paid, receipt number 10719053 (eav, ) |
| Filing 401 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/18/2006 and continued to 9/19/2006 at 08:45 AM. Mailed notice (rj, ) |
| Filing 399 Caterpillar's Offer of Proof Concerning Excluded Letters by Caterpillar Inc (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Sullivan, Terry) |
| Filing 398 Caterpillar's Motion to Preclude HotSamba From Calling Witnesses Knollenberg, Dawdy, Johnson, and Reid On Rebuttal by Caterpillar Inc (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10#11 Exhibit 11)(Sullivan, Terry) |
| Filing 411 MINUTE entry before Judge Joan B. Gottschall : Caterpillar's motion for Judgment as a Matter of Law #387 is denied, except as to HotSamba's trade secret misappropriation claim, on which the court reserves judgment. HotSamba is directed to provide the court with a response to the arguments advanced in Section II.A of Caterpillar's brief, which assert that HotSamba has failed to establish the existence of a trade secret. HotSamba must provide the court with its response by the close of business on Tuesday, September 19, 2006. Notified counsel by telephone (gcy, ) |
| Filing 397 MOTION by Defendant Caterpillar Inc to amend/correct An Error In The Trial Transcript And To Suppress Use of The Incorrect Transcription (Attachments: #1 Exhibit 1)(Sullivan, Terry) |
| Filing 393 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/15/2006 and continued to 9/18/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 392 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/14/2006 and continued to 9/15/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 396 MINUTE entry before Judge Joan B. Gottschall : The court's rulings on the deposition designations/objections for Steve Minisini are detailed below [For further details see text below.] Mailed notice (ar, ) |
| Filing 389 Caterpillar's Offer of Proof Concerning Excluded Testimony of David Cassel by Caterpillar Inc (Attachments: #1 Exhibit A#2 Exhibit B)(Sullivan, Terry) |
| Filing 390 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/12/2006 and continued 9/14/2006 at 10:30 AM. Mailed notice (rj, ) Modified on 9/14/2006 (rj, ). |
| Filing 388 Errata To Caterpillar Inc.'s Motion For Judgment As A Matter of Law by Caterpillar Inc (Attachments: #1 Exhibit 1)(Sullivan, Terry) |
| Filing 387 MOTION by Defendant Caterpillar Inc for judgment As A Matter of Law (Sullivan, Terry) |
| Filing 391 SEALED DOCUMENT by Defendant (RESTRICTED) (mb, ) |
| Filing 386 NOTICE of Correction regarding memorandum #378 . THE entry is a duplicate filing of document number 379. (jmp, ) |
| Filing 385 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/11/2006 and continued to 9/12/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 383 NOTICE by Caterpillar Inc to file corrected Reply to the Memorandum of HotSamba and Robert T. Onesto Regarding The Admissability of Certain Deposition Testimony of Steven Minisini (Attachments: #1)(Sullivan, Terry) |
| Filing 382 RESPONSE by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto to Response of Caterpillar Inc. to the Court's Request for Additional Information Regarding the Admissibility of DX Nos. 227 and 230 (Attachments: #1 Exhibit A-D)(Spector, Catherine) |
| Filing 381 MOTION by Defendant Caterpillar Inc for Clarification In Response To The Memorandum Of HotSamba And Robert T. Onesto Regarding The Admissibility Of Certain Deposition Testimony Of Steven Minisini (Sullivan, Terry) |
| Filing 380 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto for leave to file Instanter Memorandum of HotSamba and Robert T. Onesto Regarding the Admissibility of Certain Deposition Testimony of Steven Minisini, With Corrected Exhibits (Attachments: #1 Exhibit 1 Part 1#2 Exhibit 1 Part 2)(Spector, Catherine) |
| Filing 379 MEMORANDUM by HotSamba, Inc., HotSamba, Inc., Robert T Onesto Regarding the Admissibility of Certain Deposition Testimony of Steven Minisini (Attachments: #1 Exhibit A-C)(DePriest, Jennifer) |
| Filing 378 THE entry is a duplicate filing of document number 379. (DePriest, Jennifer) |
| Filing 377 RESPONSE of HotSamba to Caterpillar Inc.'s Motion to Preclude HotSamba's Damages Expert Mark E. Meitzen From Informing the Jury of his Opinion as to the Law With Respect to Burden of Proof (Attachments: #1 Exhibit A-C)(Spector, Catherine) |
| Filing 395 MINUTE entry before Judge Joan B. Gottschall : The court enters this minute order to address a number of recent motions and filings that have been submitted during the course of trial: (1) to the extent that Caterpillar's offer of proof regarding admission of DX 116, docket entry #375 , seeks reconsideration of one of the court's earlier rulings, the motion is denied. Caterpillar has made no attempt to show that its motion meets the specific standards for reconsideration set forth by the Seventh Circuit. See Order 9/5/06, docket entry #369 , ("no motion to reconsider (or otherwise to revisit an issue that has been ruled upon) may be filed unless it meets the Seventh Circuit's standards for reconsideration"); (2) as stated in open court, Caterpillar's oral motion for permission to submit an oversized brief in support of its anticipated motion for judgment as a matter of law is granted; and (3) as the court understands it, Caterpillar's offer of proof to preserve for appeal its objection to the exclusion of certain portions of John Felten?s testimony, docket entry #366 , does not seek any specific relief from the court. Mailed notice (ar, ) |
| Filing 394 MINUTE entry before Judge Joan B. Gottschall : HotSamba's motion to remove docket entry #368 from the docket #374 is granted. The clerk's office is instructed to remove docket entry #368, entitled "Response by Plaintiff HotSamba, Inc., Counter-Defendants HotSamba, Inc., Robert T. Onesto to Response of Caterpillar Inc. to the Court's Request for Additional Information Regarding the Relevance of Selected Portions of the Deposition Testimony of Ashton Poole, and Offer of Proof," from the docket. The entire entry, including both the main document and the attachments, shall be removed. Mailed notice (ar, ) |
| Filing 384 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/8/2006 and continued to 9/11/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 376 RESPONSE by Plaintiff HotSamba, Inc. to response of Caterpillar Inc. to the Court's request for additional information regarding the relevance of selected portions of the deposition testimony of Ashton Poole, and offer of proof #370 . (RESTRICTED). (vkd, ) |
| Filing 375 OFFER of proof regarding admission of defendant's Exhibit 116 by Caterpillar Inc. (RESTRICTED). (vkd, ) |
| Filing 374 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto to Remove Docket Entry No. 368 From The Docket (Spector, Catherine) |
| Filing 373 MOTION by Defendant Caterpillar Inc To Preclude HotSamba's Damages Expert From Informing The Jury Of His Opinion As To The Law With Respect To Burden Of Proof (Attachments: #1)(Sullivan, Terry) |
| Filing 372 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/7/2006 and continued to 9/8/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 368 DELETED pursuant to Judge Gottschall's 09/08/06 miute order #394 . |
| Filing 366 Caterpillar's Proffer of Testimony of John Felten by Caterpillar Inc (Attachments: #1 #2 #3 #4)(Sullivan, Terry) |
| Filing 370 RESPONSE of Caterpillar Inc. to the Court's request for additional information regarding the relevance of selected portions of the deposition testimony of Ashton Poole, and offer of proof. (RESTRICTED). (vkd, ) |
| Filing 369 MINUTE entry before Judge Joan B. Gottschall : The court issues this order to address the many motions for reconsideration, and other similarly styled motions, which have been filed in this case and have asked the court to revisit issues and rulings that already have been decided. In light of the substantial resources that the court presently is devoting to this litigation, such motions are an unacceptable burden. Henceforth, no motion to reconsider (or otherwise to revisit an issue that has been ruled upon) may be filed unless it meets the Seventh Circuit's standards for reconsideration. Any such motion must specify the precise issue involved, and must direct the court to authority directly on point. Any motion to reconsider that fails to adhere to these guidelines will be summarily denied. It goes without saying that raising some issues in an initial brief and then seeking to raise other issues in a motion for reconsideration is improper. No more do-overs will be allowed. (vkd, ) |
| Filing 364 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/5/2006 and continued to 9/7/2006 at 10:00 AM. Mailed notice (rj, ) |
| Filing 362 Caterpillar Inc.'s Bench Memorandum To Preclude William McGrath From Testifying Regarding Legal Issues by Caterpillar Inc (Sullivan, Terry) |
| Filing 361 RESPONSE by Defendant Caterpillar Inc To Pretrial Submission of HotSamba and Robert T. Onesto Regarding The Admissibility of Deposition Testimony (For Caterpillar's "Will Call" Witnesses) (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3)(Sullivan, Terry) |
| Filing 367 MINUTE entry before Judge Joan B. Gottschall : Defendant Caterpillar has filed a motion seeking clarification or reconsideration of two rulings regarding John Felten's deposition designations #357 . Having considered Caterpillar's additional briefing, the court rules as follows: (1) the court's order of 8/25/06 indeed overruled Caterpillar's objections to the HotSamba fairness designations at pages 75, 83 and 84. The court will not disturb its ruling; and (2) the court denies Caterpillar's request that the court reconsider its ruling sustaining HotSamba's objections to Caterpillar's designations on pages 58-60 of Mr. Felten's deposition. (vmj, ) |
| Filing 365 MINUTE entry before Judge Joan B. Gottschall : For the reasons stated in open court: (1) Caterpillar's motion to present the testimony of Steven Minisini by deposition #345 is granted; (2) PX 102 is inadmissible; and (3) with respect to Caterpillar's motion to bar or limit the use of Eden Chan's 902(11) declaration #350 , the court rules that the declaration may be used only for the purpose specified in Rule 902(11), to establish that PX 251 is admissible as a business record. If the parties can stipulate that the exhibit is admissible as a business record, the declaration will be ruled inadmissible. (vmj, ) |
| Filing 363 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 9/1/2006 and continued to 9/5/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 357 MOTION by Defendant Caterpillar Inc to clarify or Reconsideration of Two Rulings Regarding John Felten's Deposition Designations (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2#3 Exhibit Exhibit 3#4 Exhibit Exhibit 4)(Sullivan, Terry) |
| Filing 371 MINUTE entry before Judge Joan B. Gottschall : In court hearing held on 8/31/2006. Mailed notice (rj, ) |
| Filing 360 JURY Notes.(vkd, ) |
| Filing 358 MINUTE entry before Judge Joan B. Gottschall : The court issues the following order to respond to recent submissions by the parties. (vkd, ) |
| Filing 356 MINUTE entry before Judge Joan B. Gottschall : Jury trial held on 8/31/2006 and continued to 9/1/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 353 RESPONSE to Caterpillar's Motion to Bar or Limit the Use of Eden Chan's 902(11) Declaration (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E)(DePriest, Jennifer) |
| Filing 355 MINUTE entry before Judge Joan B. Gottschall : Jury trial held and continued to 8/31/2006 at 09:00 AM. Mailed notice (rp, ) |
| Filing 359 JURY Question Sheet.(vkd, ) |
| Filing 354 MINUTE entry before Judge Joan B. Gottschall : Jury impaneled. Jury trial held and continued to 8/29/2006 at 09:00 AM. Mailed notice (rp, ) |
| Filing 352 MEMORANDUM by Caterpillar Inc (1) supporting the Court's 8/21/06 order holding DX 226 and DX 297 to be admissible #342 , (2) addressing questions raised in the Court's 8/25/06 order regarding deposition designations for Ashton Poole, and (3) opposing Hotsamba's 8/27/06 motion to bar Catepillar from introducing evidence (RESTRICTED). (vkd, ) |
| Filing 351 MOTION by Defendant Caterpillar Inc in response to the Court's statement in its 8/21/06 order regarding providing further support for admissibility of defendant's trial exhibit nos. 227 and 230 (RESTRICTED). (vkd, ) |
| Filing 350 MOTION by Defendant Caterpillar IncCaterpillar Inc.'s Motion to Bar or Limit The Use of Eden Chan's 902(11) Declaration (Attachments: #1 Exhibit EX 1#2 Exhibit EX 2#3 Exhibit EX 3#4 Exhibit EX 4#5 Exhibit EX 5)(Sullivan, Terry) |
| Filing 347 MOTION by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto to bar Caterpillar From Introducing Extrinsic Evidence to Construe the Software Purchase & Alliance Agreement (Spector, Catherine) |
| Filing 349 MINUTE entry before Judge Joan B. Gottschall : The court's rulings on the deposition designations/objections for John J. Felton and E. Ashton Poole are detailed below. (vkd, ) |
| Filing 346 RESPONSE of HotSamba, Inc. and Robert T. Onesto to Motion of Caterpillar Inc. for a Determination of the Unavailability of Witness Steven Minisini, and that his Testimony may be Presented by Deposition (Spector, Catherine) |
| Filing 345 Motion of Caterpillar Inc. For a Determination of The Unavailability of Witness Steven Minisini, And That His Testimony May be Presented by Deposition by Caterpillar Inc (Attachments: #1 Exhibit #2 Exhibit #3 Exhibit #4 Exhibit #5 Exhibit)(Sullivan, Terry) |
| Filing 348 MINUTE entry before Judge Joan B. Gottschall : The court's rulings on the deposition designations/objections for David Cassel and Keith Yoder are detailed below. (vkd, ) |
| Filing 344 RESPONSE by Caterpillar Inc. to pretrial submission of Hotsamba and Robert T. Onesto regarding the admissibility of deposition testimony (For Hotsamba's "will call" witness. (RESTRICTED)(tlm) |
| Filing 343 Submission Of Caterpillar In Response To The Court's Request For Further Information Regarding Fairness Designations by Caterpillar Inc (Sullivan, Terry) |
| Filing 341 PRETRIAL submission by plaintiff/counterdefendant HotSamba, Inc., and counterdefendant Robert T. Onesto regarding the admissibility of certain deposition testimony. (RESTRICTED). (ar, ) |
| Filing 340 MINUTE entry before Judge Joan B. Gottschall : Final pretrial conference held on 8/23/2006. Mailed notice (rj, ) |
| Filing 342 MINUTE entry before Judge Joan B. Gottschall : For the reasons below, the court rules that defense exhibits 122 and 125 are admissible; defense exhibits 226 and 297 also are admissible; defense exhibits 227 and 230 are inadmissible; and the excerpt from Mr. Onesto's deposition is admissible. [ For further details see text below.] Mailed notice (hp, ) |
| Filing 336 MINUTE entry before Judge Joan B. Gottschall : Final Pretrial Conference set for 8/23/2006 at 10:00 AM. Mailed notice (rj, ) |
| Filing 337 MINUTE entry before Judge Joan B. Gottschall : For the reasons below, HotSamba's motion for further consideration #306 is granted. Mailed notice (rp, ) |
| Filing 339 MINUTE entry before Judge Joan B. Gottschall : For the reasons below, Caterpillar's motion for further consideration #300 is granted. Mailed notice (rp, ) |
| Filing 338 MINUTE entry before Judge Joan B. Gottschall : For the reasons below, the court rules that the excerpt from the deposition of David Cassel is admissible. The court also rules that Plaintiff's Exhibits 114, 135, and 152 are inadmissible. Mailed notice (rp, ) |
| Filing 335 NOTICE by Caterpillar Inc of Filing Caterpillar's (Corrected) Updated Trial Exhibit List With HotSamba, Inc. and Robert Onesto's Objections For Pretrial Order (Tab 4E) (Attachments: #1 Exhibit Caterpillar's (Corrected) Updated Trial Exhibit List With HotSamba, Inc. and Robert T. Onesto's Objections For Pretrial Order (Tab 4E))(Sullivan, Terry) |
| Filing 334 Updated Pretrial Order (Tabs 4E, 6, and 8) of Caterpillar Inc., Pursuant to the Parties' Agreement of Protocols Regarding Substitution of Caterpillar's Software Expert by Caterpillar Inc, Caterpillar Inc (Sullivan, Terry) |
| Filing 333 MINUTE entry before Judge Joan B. Gottschall : Motion by Richard A. Schnurr to withdraw his appearance and representation on behalf of Defendant/Counter-Plaintiff Caterpillar Inc. #329 is granted. Mailed notice (hp, ) |
| Filing 332 RESPONSE by Plaintiff HotSamba, Inc., Counter Defendants HotSamba, Inc., Robert T Onesto to other #315 Agreement of Protocols Regarding Substitution of the Software Expert of Caterpillar Inc., Previously Filed by Caterpillar Inc. (DePriest, Jennifer) |
| Filing 331 MOTION by Counter Claimants Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Defendant Caterpillar Inc to withdraw as attorney (Rothman, Ari) |
| Filing 330 NOTICE of Motion by Richard Allen Schnurr for presentment of motion to withdraw as attorney #329 before Honorable Joan B. Gottschall on 7/27/2006 at 09:30 AM. (Schnurr, Richard) |
| Filing 329 MOTION by Defendant Caterpillar Inc to withdraw as attorney by Richard A. Schnurr (Schnurr, Richard) |
| Filing 328 Objections to HotSamba and Onesto's "Revised" [New] Jury Instructions by Caterpillar Inc (Sullivan, Terry) |
| Filing 327 MINUTE entry before Judge Joan B. Gottschall :Motion hearing held. MOTION by Plaintiff HotSamba, Inc. for leave to file HotSamba and Mr. Onestos Motion to Submit Revised Jury Instructions #323 is granted. Defendant to respond by 7/17/2006. MOTION by Defendant Caterpillar Inc to file instanter Supplemental Case Memorandum To Address HotSamba and Onesto's Supplemental Memorandum Regarding Defendant Exhibit Nos. 122 and 125 #325 is granted. MOTION by HotSamba and Mr. Onesto for leave to file instanter supplemental memorandum in support of the claim that defendant's Exhibits 122 and 125 are privileged. (SEALED DOCUMENT) #326 is granted. Mailed notice (mjc, ) |
| Filing 325 MOTION by Defendant Caterpillar Inc to file instanter Supplemental Case Memorandum To Address HotSamba and Onesto's Supplemental Memorandum Regarding Defendant Exhibit Nos. 122 and 125 (Attachments: #1)(Sullivan, Terry) |
| Filing 326 MOTION by HotSamba and Mr. Onesto for leave to file instanter supplemental memorandum in support of the claim that defendant's Exhibits 122 and 125 are privileged. (SEALED DOCUMENT) (vmj, ) |
| Filing 324 Notice of Motion to Submit Revised Jury Instructions NOTICE of Motion by Catherine J. Spector for presentment of motion for leave to file #323 before Honorable Joan B. Gottschall on 7/6/2006 at 09:30 AM. (Spector, Catherine) |
| Filing 323 MOTION by Plaintiff HotSamba, Inc. for leave to file HotSamba and Mr. Onestos Motion to Submit Revised Jury Instructions (Spector, Catherine) |
| Filing 322 NOTICE by HotSamba, Inc. re other #321 NOTICE OF FILING FOR HOTSAMBA AND MR. ONESTOS PROPOSED PRELIMINARY STATEMENT TO THE JURY (WITH ANNOTATED POINTS OF DISAGREEMENT) (DePriest, Jennifer) |
| Filing 321 HOTSAMBA AND MR. ONESTOS PROPOSED PRELIMINARY STATEMENT TO THE JURY (WITH ANNOTATED POINTS OF DISAGREEMENT) by HotSamba, Inc. (DePriest, Jennifer) |
| Filing 320 APPENDIX by HotSamba, Inc. and Robert T Onesto's pretrial submission in accordance with the Court's 5/2/06 order. (RESTRICTED) (mjc, ) |
| Filing 319 PRETRIAL SUBMISSION by HotSamba, Inc. and Robert T Onesto in accordance with the court's 5/2/06 order. (RESTRICTED) (mjc, ) |
| Filing 318 CASE MEMORANDUM of Caterpillar Inc., with appendices directed to selected exhibit and deposition issues. (RESTRICTED) (mjc, ) |
| Filing 317 NOTICE by Caterpillar Inc of Caterpillar's Proposed Preliminary Statement To The Jury (With Annotated Points of Disagreement Between The Parties) (Sullivan, Terry) |
| Filing 316 Caterpillar Proposed Preliminary Statement To The Jury (With Annotated Points Of Disagreement Between The Parties) by Caterpillar Inc (Sullivan, Terry) |
| Filing 315 Agreement of Protocols Regarding Substitution Of The Software Expert of Caterpillar Inc. by Caterpillar Inc (Sullivan, Terry) |
| Filing 314 ATTORNEY Appearance for Counter Claimants Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Defendant Caterpillar Inc by Thomas L Ruffner (Ruffner, Thomas) |
| Filing 313 NOTICE by Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc re withdrawal substitution of counsel within same firm #312 (Ruffner, Thomas) |
| Filing 312 WITHDRAWING Lisa C. Sullivan as counsel for Counter Claimants Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Defendant Caterpillar Inc and substituting Thomas L Ruffner as counsel of record (Ruffner, Thomas) |
| Filing 311 TRANSCRIPT of Proceedings before Judge Joan B. Gottschall held on 05/02/06 (One Volume). (vkd, ) |
| Filing 310 MINUTE entry before Judge Joan B. Gottschall : Final pretrial conference held on 5/2/2006. Mailed notice (rj, ) |
| Filing 309 REPLY by Defendant Caterpillar Inc in support of Caterpillar's supplemental response #307 , and motion for further consideration in light of questions raised in the court's order regarding plaintiff's motion in limine to exclude WECAP usage reports #306 (RESTRICTED). (dmkf, ) |
| Filing 308 OPPOSITION by defendant Caterpillar Inc. for further consideration of the Court's order precluding HotSamba from offering evidence regarding Caterpillar's alleged "continued use" of Wecap prior to July, 2001 #306 . (RESTRICTED). (ar, ) |
| Filing 307 REPLY and Response by Plaintiff HotSamba, Inc. to Caterpillar's "supplemental response" and motion for further consideration in light of questions raised in the Court's order regarding plaintiff's motion in limine to exclude Wecap Usage Reports. (RESTRICTED). (ar, ) |
| Filing 303 MINUTE entry before Judge Joan B. Gottschall : Motion hearing held on 4/25/2006 regarding motion to continue #301 . Mailed notice (rj, ) |
| Filing 302 MINUTE entry before Judge Joan B. Gottschall : MOTION by Defendant Caterpillar Inc to continue trial date #301 is granted. Pretrial Conference set for 4/26/2006at 3:00PM is stricken and reset to 5/2/2006 at 02:00 PM. Jury Trial set for 5/01/2006 at 9:00AM is stricken and reset to 8/28/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 301 MOTION by Defendant Caterpillar Inc to continue trial date (Sullivan, Terry) |
| Filing 306 MOTION by Plaintiff HotSamba, Inc. for further consideration in light of questions raised in the court's order regarding defendant Caterpillar Inc.'s motion in limine to preclude HotSamba from offering evidence regarding Caterpillar's alleged "continued use" of WECAP prior to July 2001. (Restricted) (las, ) |
| Filing 305 MINUTE entry before Judge Joan B. Gottschall : Plaintiff/counter-defendant HotSamba's motion in limine to preclude defendant's statute of limitations defense #215 is granted. Mailed notice (las, ) |
| Filing 304 NOTICE of filing by Caterpillar Incar Inc of its supplemental response and motion for further consideration in light of questions raised in the Court's order regarding plaintiff's motion in limine to excl #300 (las, ) |
| Filing 300 MOTION by Caterpillar Inc for further consideration in light of questions raised in the Court's order regarding plaintiff's motion in limine to exclude WECAP usage reports; with supplemental response. (RESTRICTED DOCUMENT) (rbf, ) |
| Filing 299 MINUTE entry before Judge Joan B. Gottschall: Plaintiff's motion to exclude all evidence of copyright registrations cancelled by HotSamba and to strike William T. McGrath from defendant's witness list #223 is denied. (vmj, ) |
Filing 297
ORDER Signed by Judge Joan B. Gottschall on 4/14/2006(vmj, )
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| Filing 296 MINUTE entry before Judge Joan B. Gottschall: Enter Order. Caterpillar's motion to preclude HotSamba from offering evidence regarding recovery barred by a contract between the parties #224 is denied; Caterpillar's motion to preclude HotSamba from offering evidence of contract damages #226 is granted; Caterpillar's motion to preclude speculative evidence regarding unjust enrichment #227 is denied; and Caterpillar's motion to preclude HotSamba from offering evidence regarding Caterpillar's alleged continued use of WECAP prior to July 2001 #228 is granted. Mailed (vmj, ) |
| Filing 295 MINUTE entry before Judge Joan B. Gottschall : Final pretrial conference held on 4/14/2006 and continued to 4/26/2006 at 03:00 PM. Mailed notice (rj, ) |
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Filing 294
ORDER Signed by Judge Joan B. Gottschall on 4/13/2006.Mailed notice(jmm, )
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| Filing 293 MINUTE entry before Judge Joan B. Gottschall : Enter Order. Motion by Caterpillar in limine to preclude Hotsamba's technical expert from offering opinions or supporting information not contained in his expert reports #225 is granted in part and denied in part. Mailed notice (jmm, ) |
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Filing 292
ORDER Signed by Judge Joan B. Gottschall on 4/13/2006.(jmm, )
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| Filing 291 MINUTE entry before Judge Joan B. Gottschall: Enter Order. HotSamba's motion for an order that the parties' Software License Agreement ("SLA") is a license agreement, not a sale agreement, and that the agreement prohibits the transfer of derivative works #220 is denied; HotSamba's motion to preclude Caterpillar from presenting a work-made-for-hire affirmative defense #213 is granted; HotSamba's motion to preclude Caterpillar's copyright misuse defense [216, 217] is denied; HotSamba's motion to preclude Caterpillar from presenting a first sale affirmative defense [218 ] is denied; and HotSamba's motion to preclude Caterpillar's claim for disgorgement #219 is granted. Caterpillar's motion to establish the admissibility of extrinsic evidence to resolve ambiguities in the SLA #229 is granted. Mailed notice (jmm, ) |
| Filing 290 MINUTE entry before Judge Joan B. Gottschall: HotSamba's motions in limine to exclude Andy Johnson-Laird's testimony regarding issues of contract interpretation [221, 222] are denied. Mailed notice (jmm, ) |
| Filing 289 MINUTE entry before Judge Joan B. Gottschall: Plaintiff/Counter-Defendant HotSamba's motion in limine to preclude Sean Leuba from testifying at trial #212 , having been withdrawn, is denied is moot. Mailed notice (jmm, ) |
| Filing 288 MINUTE entry before Judge Joan B. Gottschall: Plaintiff HotSamba's motion in limine to exclude documents and related testimony regarding Caterpillar's costs associated with WECAP #230 is denied. (jmm, ) |
| Filing 286 NOTICE of Correction regarding #284 , #285 . Discovery material filed. Leave of court is required. (jmp, ) |
| Filing 285 THE INCORRECT document (PDF file) was linked to the entry; discovery material. The text of the entry as been edited and the PDF file has been replaced. (DePriest, Jennifer) |
| Filing 284 THE INCORRECT document (PDF file) was linked to the entry; discovery material. The text of the entry as been edited and the PDF file has been replaced. (DePriest, Jennifer) |
| Filing 298 MINUTE entry before Judge Joan B. Gottschall: Plaintiff HotSamba's motion in limine to exclude the WECAP reports as improper hearsay #231 is granted in part and denied in part. Mailed (vmj, ) |
| Filing 287 MINUTE entry before Judge Joan B. Gottschall : Plaintiff HotSamba's motion in limine to exclude evidence regarding the existence of i2 Technologies, Inc. as a prior party in this case #214 is granted. Mailed notice (jmm, ) |
| Filing 274 MOTION by Plaintiff HotSamba, Inc. to file instanter PLAINTIFFS MOTION FOR LEAVE TO FILE INSTANTER A CORRECTED REPLY BRIEF IN SUPPORT OF ITS MOTION IN LIMINE TO EXCLUDE ALL EVIDENCE OF COPYRIGHT REGISTRATIONS CANCELLED BY HOTSAMBA AND STRIKE WILLIAM T. MCGRATH FROM DEFENDANTS WITNESS LIST (Attachments: #1 Exhibit Exhibit 1#2 Exhibit Exhibit 2)(DePriest, Jennifer) |
| Filing 275 MINUTE entry before Judge Joan B. Gottschall : Pretrial Conference set for 4/5/2006 at 3:30PM is stricken and reset to 4/14/2006 at 10:00 AM. Mailed notice (rj, ) |
| Filing 273 MINUTE entry before Judge Joan B. Gottschall : HotSamba's motion in limine to exclude all evidence of Andy Johnson-Laird's work with Sachnoff & Weaver in unrelated matters #262 is granted, subject to the qualification noted below. Mailed notice (jmm, ) |
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Filing 272
ORDER Signed by Judge Joan B. Gottschall on 3/30/2006.Mailed notice(jmm, )
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| Filing 271 MINUTE entry before Judge Joan B. Gottschall: Enter Order. Caterpillar's motion for summary judgment on Count II of plaintiff's third-amended complaint #187 is denied. Mailed notice (jmm, ) |
| Filing 283 REPLY by Defendant Caterpillar Inc in support of motion in limine to establish admissibility of extrinsic evidence to resolve ambiguities in the parties' "software license agreement". (RESTRICTED) (jmm, ) |
| Filing 282 REPLY by Defendant Caterpillar Inc in support of motion in limine to preclude Hotsamba from offering evidence of contract damages. (jmm, ) (RESTRICTED) |
| Filing 281 REPLY in support of Caterpillar's motion in limine to preclude speculative evidence regarding unjust enrichment. (RESTRICTED) (jmm, ) |
| Filing 280 REPLY by Defendant Caterpillar Inc in support of Caterpillar's motion in limine to preclude HotSamba's Technical expert from offering opinions or evidence not contained in his expert reports. (RESTRICTED) (jmm, ) |
| Filing 279 MOTION by Plaintiff HotSamba, Inc. in limine to exclude documents and related testimony regarding Caterpillar's costs associated with wecap. (RESTRICTED) (jmm, ) |
| Filing 278 REPLY BRIEF by Plaintiff HotSamba, Inc. in support of its motion in limine to exclude Andy Johnson-Laird's testimony regarding issues of contract interpretation. (RESTRICTED) (jmm, ) |
| Filing 277 REPLY BRIEF by Plaintiff HotSamba, Inc. in support of its motion in limine to exclude the wecap reports as improper hearsay. (RESTRICTED)(jmm, ) |
| Filing 276 REPLY BRIEF by Plaintiff HotSamba, Inc. in support of its Rule 16(C)(1) motion to preclude defendant's claim for disgorgement. (RESTRICTED) (jmm, ) |
| Filing 270 NOTICE by HotSamba, Inc. Notice of Filing (DePriest, Jennifer) |
| Filing 269 REPLY Plaintiffs Withdrawal of Its Motion In Limine To Preclude Sean Leuba From Testifying At Trial (DePriest, Jennifer) |
| Filing 268 REPLY Plaintiffs Reply in Support of Its Rule 16(c)(1) Motion to Preclude Defendant From Presenting a Work Made for Hire Affirmative Defense (DePriest, Jennifer) |
| Filing 267 REPLY Plaintiffs Reply Brief in Support of Its Motion In Limine to Exclude Evidence Relating to the Existence of i2 Technologies, Inc. As a Prior Party in This Case (DePriest, Jennifer) |
| Filing 266 REPLY Plaintiffs Reply in Support of Its Rule 16(c)(1) Motion to Preclude Defendant From Presenting a First Sale Doctrine Affirmative Defense (DePriest, Jennifer) |
| Filing 265 REPLY Plaintiffs Reply Brief in Support of Its Rule 16(c)(1) Motion For An Order That The SLA Is A License Agreement Not a Sale Agreement And That It Prohibits The Transfer Of Derivative Works (DePriest, Jennifer) |
| Filing 264 REPLY Plaintiffs Reply Brief in Support of Its Motion In Limine to Exclude All Evidence of Copyright Registrations Cancelled By HotSamba and Strike William T. McGrath From Defendants Witness List (Attachments: #1 Exhibit Exhibit A)(DePriest, Jennifer) |
| Filing 263 REPLY Plaintiffs Reply Brief in Support of Its Rule 16(c)(1) Motion To Preclude Defendants Statute of Limitations Defense (DePriest, Jennifer) |
| Filing 262 REPLY Plaintiffs Reply Brief in Support of Its Motion in Limine To Exclude All Evidence of Andy Johnson-Lairds Work with Sachnoff & Weaver in Unrelated Matters (DePriest, Jennifer) |
| Filing 261 REPLY Reply in Support of Its Rule 16(c)(1) Motion To Preclude Defendants Copyright Misuse Defense (Attachments: #1 Exhibit Exhibit A)(DePriest, Jennifer) |
| Filing 260 REPLY by Defendant Caterpillar Inc to response in opposition to motion #242 (Sullivan, Terry) |
| Filing 259 REPLY by Defendant Caterpillar Inc to response in opposition to motion #240 (Sullivan, Terry) |
| Filing 258 NOTICE by Caterpillar Inc. of Filing regarding filings under seal #251 , #250 , #248 , #252 , #253 , #246 , #247 , #249 . (cem, ) |
| Filing 257 RESPONSE by HotSamba, Inc. to Caterpillar Inc.'s Motion in limine to preclude HotSamba from offering evidence of contract damages #226 . (RESTRICTED) (cem, ) |
| Filing 256 RESPONSE by HotSamba, Inc. to defendant's Motion in limine to preclude speculative evidence regarding unjust enrichment #227 . (RESTRICTED) (cem, ) |
| Filing 255 RESPONSE by HotSamba, Inc. and Robert T. Onesto to Caterpillar's Motion in limine to preclude Hotsamba's Technical Expert from offering opinions or supporting information not contained in his opinions #225 . (RESTRICTED) (cem, ) |
| Filing 254 RESPONSE by HotSamba, Inc. to Caterpillar's Motion in limine to establish admissibility of extrinsic evidence to resolve ambiguities in the parties' "software license agreement" #229 . (RESTRICTED) (cem, ) |
| Filing 253 OPPOSITION by Caterpillar Inc. to HotSamba's motion in limine to exclude evidence regarding the existence of i2 Technologies, Incc. as a prior party in this case #214 . (RESTRICTED) (cem, ) |
| Filing 252 OPPOSITION by Caterpillar Inc. to HotSamba's Rule 16(C)(1) motion for the court to order that the SLA is a license, not a sale, agreement and that it prohibits the transfer of derivative works #220 . (RESTRICTED) (cem, ) |
| Filing 251 OPPOSITION by Caterpillar Inc. to HotSamba's Rule 16(C)(1) Motion to preclude Caterpillar from seeking disgorgement as a remedy on its counterclaims #219 . (RESTRICTED) (cem, ) |
| Filing 250 OPPOSITION by Caterpillar Inc. to plaintiff's motion in limine to preclude Sean Leuba from testifying at trial #212 . (RESTRICTED) (cem, ) |
| Filing 249 OPPOSITION by Caterpillar Inc. to the Rule 16(C)(1) Motion of HotSamba to preclude Caterpillar from presenting an affirmative defense based on the first sale doctrine #218 . (RESTRICTED) (cem, ) |
| Filing 248 OPPOSITION by Caterpillar Inc. to plaintiff's motion in limine to exclude documents and related testimony regarding Caterpillar's costs associated with WECAP #230 . (RESTRICTED) (cem, ) |
| Filing 247 OPPOSITION by Caterpillar Inc in Opposition to plaintiff's motion in limine to exclude Andrew Johnson-Laird's testimony regarding issues of contract interpretation #221 . (RESTRICTED) (cem, ) |
| Filing 246 OPPOSITION by Caterpillar Inc. to plaintiff's motion in limine to exclude the WECAP usage reports #231 . (RESTRICTED) (cem, ) |
| Filing 243 NOTICE by HotSamba, Inc. Notice of Filing (DePriest, Jennifer) |
| Filing 242 RESPONSE to Motion in Limine to Preclude HotSamba from Offering Evidence Regarding Recovery Barred by a Contract Between the Parties (Attachments: #1 Exhibit Exhibit A)(DePriest, Jennifer) |
| Filing 241 NOTICE by HotSamba, Inc. Response to Motion in Limine to Preclude HotSamba from Offering Evidence Regarding Caterpillars Alleged Continued Use of WECAP Prior to July 2001 (DePriest, Jennifer) |
| Filing 240 RESPONSE to Motion in Limine to Preclude HotSamba from Offering Evidence Regarding Caterpillars Alleged Continued Use of WECAP Prior to July 2001 (Attachments: #1 Exhibit Exhibit A#2 Exhibit Exhibit B)(DePriest, Jennifer) |
| Filing 239 RESPONSE by Caterpillar Inc in Opposition to MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c) Motion to Preclude Defendant from Presenting Work Made for Hire Affirmative Defense #213 (Sullivan, Terry) |
| Filing 238 RESPONSE by Caterpillar Inc in Opposition to MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c)(1) Motion to Preclude Defendant's Statute of Limitations Defense #215 (Sullivan, Terry) |
| Filing 237 RESPONSE by Caterpillar Inc in Opposition to MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16 (c) (1) Motion to Preclude Defendant's Copyright Misuse Defense #216 (Sullivan, Terry) |
| Filing 236 RESPONSE by Caterpillar Inc in Opposition to MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine To Exclude All Evidence of Copyright Registrations Cancelled by HotSamba and Strike William T. McGrath from Defendant's Witness List #223 (Sullivan, Terry) |
| Filing 235 RESPONSE by Caterpillar Inc in Opposition to MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine to exclude evidence of Andy Johnson-Laird #211 (Sullivan, Terry) |
| Filing 234 MINUTE entry before Judge Joan B. Gottschall : Unopposed Motion of Caterpillar Inc. for Extension of Dates Pertaining to Motions in Limine #232 is granted. Responses due by 3/15/2006. Replies due by 3/24/2006. Mailed notice (rj, ) |
| Filing 245 INDEX by Plaintiff HotSamba, Inc., Defendant Caterpillar Inc. to Final Pretrial Order #244 (Exhibits). (cem, ) |
| Filing 244 PROPOSED Final Pretrial Order by HotSamba, Inc., Caterpillar Inc (Exhibits). (cem, ) |
| Filing 233 NOTICE of Motion by Terry L Sullivan for presentment of motion for extension of time, #232 before Honorable Joan B. Gottschall on 3/9/2006 at 09:30 AM. (Sullivan, Terry) |
| Filing 232 MOTION by Counter Claimants Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Caterpillar Inc, Defendant Caterpillar Inc for extension of time Unopposed Motion of Caterpillar Inc. for Extension of Dates Pertaining to Motions in Limine (Sullivan, Terry) |
| Filing 231 MOTION by Plaintiff HotSamba, Inc. in limine to exclude the wecap reports as improper hearsay. (jmm, ) [RESTRICTED] |
| Filing 230 MOTION by Plaintiff HotSamba, Inc. in limine to exclude documents and related testimony regarding Caterpillar's costs associated with wecap. (jmm, ) [RESTRICTED] |
| Filing 229 MOTION by Caterpillar Inc in limine to establish admissibility of extrinsic evidence to resolve ambiguities in the parties "software license agreement". (RESTRICTED) (jmm, ) |
| Filing 228 MOTION by Caterpillar Inc in limine to preclude Hotsamba from offering evidence regarding Caterpillar's alleged "continued use" of wecap prior to July 2001. (jmm, ) |
| Filing 227 MOTION by Caterpillar Inc in limine to preclude speculative evidence regarding unjust enrichment. (RESTRICTED)(jmm, ) |
| Filing 226 MOTION by Caterpillar Inc in limine to preclude Hotsamba from offering evidence of contract damages. (RESTRICTED) (jmm, ) |
| Filing 225 MOTION by Caterpillar in limine to preclude Hotsamba's Technical Expert from offering opinions or supporting information not contained in his expert reports. (RESTRICTED) (jmm, ) |
| Filing 224 MOTION by Caterpillar Inc. to preclude Hotsamba from offering evidence regarding recovery barred by a contract between the parties. (RESTRICTED) (jmm, ) |
| Filing 223 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine To Exclude All Evidence of Copyright Registrations Cancelled by HotSamba and Strike William T. McGrath from Defendant's Witness List (Attachments: #1 #2 #3 #4 #5 #6 #7 #8 #9 #10)(DePriest, Jennifer) |
| Filing 222 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Corrected Motion to Exclude Andy Johnson-Laird's Testimony Regarding Issues of Contract Interpretation (Attachments: #1 #2 #3)(DePriest, Jennifer) |
| Filing 221 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine To Exclude Andy Johnson-Laird's Testimony Regarding Issues of Contract Interpretation (Attachments: #1)(DePriest, Jennifer) |
| Filing 220 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c)(1) Motion for an Order that the SLA is a License Agreement, Not a Sale Agreement, and that it Prohibits the Transfer of Derivative Works (Attachments: #1)(DePriest, Jennifer) |
| Filing 219 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c)(1) Motion to Preclude Defendant's Claim for Disgorgement (DePriest, Jennifer) |
| Filing 218 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c)(1) Motion to Preclude Defendant from Presenting a First Sale Doctrine Affirmative Defense (Attachments: #1)(DePriest, Jennifer) |
| Filing 217 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Corrected Rule (c)(1) Motion to Preclude Defendat's Copyright Misuse Defense (Attachments: #1)(DePriest, Jennifer) |
| Filing 216 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16 (c) (1) Motion to Preclude Defendant's Copyright Misuse Defense (Attachments: #1)(DePriest, Jennifer) |
| Filing 215 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c)(1) Motion to Preclude Defendant's Statute of Limitations Defense (DePriest, Jennifer) |
| Filing 214 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine to Exclude Evidence Regarding the Existence of i2 Technologies, Inc. as a Prior Party in this Case (DePriest, Jennifer) |
| Filing 213 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine Rule 16(c) Motion to Preclude Defendant from Presenting Work Made for Hire Affirmative Defense (DePriest, Jennifer) |
| Filing 212 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine to preclude Sean Leuba from testifying at trial (DePriest, Jennifer) |
| Filing 211 MOTION by Plaintiff HotSamba, Inc., Counter Defendant HotSamba, Inc. in limine to exclude evidence of Andy Johnson-Laird (DePriest, Jennifer) |
| Filing 210 MINUTE entry before Judge Joan B. Gottschall : Joint motion regarding pretrial issues #206 is granted. Plaintiff's unopposed motion to resetthe date of the pretrial conference #208 is granted. Pretrial Order due by 3/8/2006. Pretrial Conference set for 3/31/2006 at 9:00AM is stricken and reset to 4/5/2006 at 03:30 PM. Parties are permitted to defer the identification and exchange of demonstrative evidence until April 10, 2006; and waive the Court's requirement in the standing order for trial briefs. Mailed notice (rj, ) |
| Filing 209 NOTICE of Motion by Jennifer Yule DePriest for presentment of motion to reset #208 before Honorable Joan B. Gottschall on 2/2/2006 at 09:30 AM. (DePriest, Jennifer) |
| Filing 208 MOTION by Plaintiff HotSamba, Inc. to reset date of pretrial conference (unopposed) (DePriest, Jennifer) |
| Filing 207 - Joint Motion Regarding Pretrial Issues NOTICE of Motion by Jennifer Yule DePriest for presentment of motion for miscellaneous relief #206 before Honorable Joan B. Gottschall on 2/2/2006 at 09:30 AM. (DePriest, Jennifer) |
| Filing 206 MOTION by Plaintiff HotSamba, Inc., Defendant Caterpillar Inc (Joint) Regarding Pretrial Issues (DePriest, Jennifer) |
| Filing 205 ATTORNEY Appearance for Counter Defendants HotSamba, Inc., Robert T Onesto, HotSamba, Inc., HotSamba, Inc., Robert T Onesto, HotSamba, Inc., Robert T Onesto, Plaintiff HotSamba, Inc. by Catherine J. Spector -Corrected (Spector, Catherine) |
| Filing 204 ATTORNEY Appearance for Counter Defendants HotSamba, Inc., Robert T Onesto, HotSamba, Inc., HotSamba, Inc., Robert T Onesto, HotSamba, Inc., Robert T Onesto, Plaintiff HotSamba, Inc. by Catherine J. Spector (Spector, Catherine) |
| Filing 203 APPLICATION for Leave to Appear Pro Hac Vice on behalf of Caterpillar Inc, Joshua D. Birenbaum; Order entered granting leave by Joan B. Gottschall. Filing fee $ 100 paid, receipt number 10639650. (gcy, ) |
| Filing 202 ATTORNEY Appearance for Defendant Caterpillar Inc by Joshua D. Birenbaum (eav, ) |
| Filing 201 MINUTE entry before Judge Sidney I. Schenkier: Telephone status conference held. The parties report that in light of the previous settlement discussions they have had, the parties are not interested in attending a court-mediated settlement conference. The status conference set for 01/04/06 is stricken. All matters subject to the referral having been concluded, the referral is hereby terminated. Mailed notice (jmm, ) |
| Filing 200 MINUTE entry before Judge Sidney I. Schenkier : Magistrate Judge Status hearing held. Telephone status conference is set for 1/4/06 at 9:30 a.m. Mailed notice (mmm, ) |
| Filing 196 MINUTE entry before Judge Sidney I. Schenkier : The referral of this case has been reassigned to this Court. The status conference previously set before Judge Levin for 02/02/06 is STRICKEN and RESET to 12/15/05 at 9:00 a.m. Mail and Telephone notice (mmm, ) |
| Filing 197 REPLY by Defendant Caterpillar Inc in support of Caterpillar's motion for summary judgment on Count II of plaintiff's third amended complaint. (jmm, ) |
| Filing 199 EXECUTIVE COMMITTEE ORDER: It appearing that it is necessary for cases and referrals previously pending before Magistrate Judge Ian H. Levin to be reassigned to other magistrate judges of this Court; It is hereby ordered that the Clerk is to reassign these cases and referrals as indicated on the attached list.Case referred to Magistrate Judge Sidney I. Schenkier. Signed by Executive Committee on 12/2/05. (cem) |
| Filing 198 MINUTE entry before Judge Joan B. Gottschall : Plaintiff's motion for clarification of schedule set for pretrial order and trial #194 is granted. Pretrial Order due by 3/1/2006. Motions in limine with supporting memoranda due by 3/1/2006. Responses due by 3/8/2006. Replies due by 3/15/2006. Pretrial Conference set for 3/31/2006 at 09:00 AM. Jury Trial set for 5/1/2006 at 09:00 AM. Mailed notice (rj, ) |
| Filing 195 NOTICE of Motion by Jennifer Yule DePriest for presentment of motion by plaintiff to clarify #194 before Honorable Joan B. Gottschall on 12/1/2005 at 09:30 AM. (DePriest, Jennifer) |
| Filing 194 MOTION by Plaintiff HotSamba, Inc. to clarify schedule set for pretrial order and trial (Attachments: #1)(DePriest, Jennifer) |
| Filing 193 LOCAL RULE 56.1(b)(3)(A) RESPONSE by Plaintiff HotSamba, Inc. to statement of undisputed material facts in support of motion of Caterpillar Inc. for summary judgment on Count II of plaintiff's third amended complaint. (RESTRICTED) (jmm, ) Modified on 11/23/2005 (jmm, ). |
| Filing 192 LOCAL RULE 56.1(b)(1) APPENDIX by HotSamba, Inc. of materials supporting its opposition to motion of Caterpillar Inc. for summary judgment on count II of plaintiff's third amended complaint. (RESTRICTED)(jmm, ) Modified on 11/23/2005 (jmm, ). |
| Filing 191 LOCAL RULE 56.1(b)(3)(B) Statement of additional facts in support of its opposition to motion of Caterpillar Inc. for summary judgment on count II of plaintiff's third amended complaint. (RESTRICTED) (jmm, ) Modified on 11/23/2005 (jmm, ). |
| Filing 190 RESPONSE by Plaintiff HotSamba, Inc. to motion of Caterpillar Inc. for summary judgment on count II of plaintiff's third amended complaint. (RESTRICTED) (jmm, ) |
| Filing 189 MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 11/3/2005. Status hearing set for 2/2/2006 at 9:30 AM. Mailed notice (smm, ) |
| Filing 188 MEMORANDUM of law by Caterpillar Inc and statement of undisputed material facts in support of its motion for summary judgment #187 on Count II of plaintiff's third amended complaint (RESTRICTED). (ar, ) |
| Filing 187 MOTION by Defendant Caterpillar Inc for summary judgment on Count II of plaintiff's third-amended complaint. (ar, ) |
| Filing 186 MINUTE entry before Judge Ian H. Levin : Status hearing reset for 11/3/2005 at 9:30 AM. Mailed notice (smm, ) |
| Filing 185 MINUTE entry before Judge Joan B. Gottschall : Plaintiff's Motion for Scheduling Conference #182 is granted. Motion hearing held on 7/28/2005 regarding motion for miscellaneous relief #182 . Dispositive motions with supporting memoranda due by 10/31/2005. Responses due by 11/21/2005. Replies due by 12/5/2005. Ruling by mail. Mailed notice (rj, ) |
| Filing 184 MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 7/25/2005. Status hearing set for 9/1/2005 at 10:15 AM. Telephoned notice (smm, ) |
| Filing 183 NOTICE of Motion by Jennifer Yule DePriest for presentment of RULE 16 MOTION by Plaintiff HotSamba, Inc. for scheduling conference #182 before Honorable Joan B. Gottschall on 7/28/2005 at 09:30 AM. (gma, ) |
| Filing 182 RULE 16 MOTION by Plaintiff HotSamba, Inc. for scheduling conference (gma, ) |
| Filing 181 MINUTE entry before Judge Ian H. Levin : Status hearing on settlement of 6/17/05 is stricken and reset to 7/25/2005 at 1:00 PM. Mailed notice (smm, ) |
| Filing 180 MINUTE entry before Judge Ian H. Levin : Status hearing on settlement set for 6/17/2005 at 11:00 AM. Mailed notice (smm, ) |
| Filing 179 MINUTE entry before Judge Ian H. Levin : Motion to compel #176 is granted on the terms stated of record. Motion hearing held on 5/31/2005 regarding motion to compel #176 . The court shall allow 7 Hours for a continued deposition. Mailed notice (smm, ) |
| Filing 178 RESPONSE by plaintiff to motion of Caterpillar Inc to compel continuation of the deposition of Mark E. Meitzen #176 (ntf, ) |
| Filing 175 AGREED AMENDED NOTICE of Motion by Terry L Sullivan for presentment of MOTION to compel continuation of the deposition of Mark E. Meitzen before Honorable Joan B. Gottschall on 5/31/2005 at 09:30 AM. (gma, ) |
| Filing 177 NOTICE by Caterpillar Inc of motion to compel continuation of the deposition of Mark E. Meitzen #176 before Honorable Ian H. Levin on 5/24/2005 at 09:30 AM. (ntf, ) |
| Filing 176 MOTION by defendant to compel continuation of the deposition of Mark E. Meitzen. (ntf, ) Modified on 5/24/2005 (ntf, ). |
| Filing 174 MINUTE entry before Judge Ian H. Levin : Magistrate Judge Status hearing held on 4/6/2005 Settlement Conference set for 6/2/2005 at 01:00 PM. Parties with authority to settle are directed to be present for settlement conference. Mailed notice (jlj, ) |
| Filing 173 TRANSCRIPT of Proceedings before Judge Ian H. Levin held on 01/12/05 (Volumes 1). (ntf, ) |
| Filing 172 MINUTE ORDER of 1/12/05 by Hon. Ian H. Levin : Status hearing held and continued to 4/6/05 at 9:30 a.m. Plaintiff's oral request to extend time to serve its rebuttal expert report is granted. HotSamba rebuttal report(s) due by 01/05/05. Caterpillar rebuttal report(s) due by 01/28/05. Beginning of period for expert depositions 03/01/05. Expert discovey cutoff by 03/31/05. Mailed notice (ntf) |
| Filing 171 TRANSCRIPT of proceedings for the following date(s): 08/17/04 Before Honorable Ian H. Levin (ntf) |
| SCHEDULE set on 12/17/04 by Hon. Ian H. Levin : Status hearing reset to 10:15 1/12/05 per scheduling conflict . Mailed notice (smm) |
| Filing 170 STIPULATION by parties. (ntf) |
| SCHEDULE set on 11/19/04 by Hon. Ian H. Levin : Status hearing reset to 9:30 12/17/04 . Mailed notice (smm) |
| SCHEDULE set on 11/15/04 by Hon. Ian H. Levin : Status hearing set to 10:15 11/22/04. Mailed notice (smm) |
| SCHEDULE set on 11/10/04 by Hon. Ian H. Levin : Status hearing held. The parties to contact the court by fax to indicate available settlement dates. Mailed notice (smm) |
| SCHEDULE set on 10/28/04 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 11/10/04. Parties to meet face to face to discuss settlement. Mailed notice (smm) |
| Filing 169 MINUTE ORDER of 9/24/04 by Hon. Martin C. Ashman: Motion is granted. Plaintiff's expert report(s) are due by 10/14/04. Defendant's expert report(s) are due by 11/23/04. Plaintiff rebuttal report(s) are due by 12/08/04. Defendant rebuttal report(s) are due by 12/22/04. Expert depositions by 01/03/05. Exert discovery to be completed by 1/28/05. (Entered Agreed Stipulation on Expert Discovery Schedule). Mailed notice (ntf) |
| Filing 168 MINUTE ORDER of 8/17/04 by Hon. Ian H. Levin : Counter-defendants' motion for protective order is denied [167-1] for the reasons stated of record. Mailed notice (ntf) |
| Filing 167 MOTION by HotSamba Inc, Robert T. Onesto for protective order (Attachments); Notice (ntf) |
| Filing 166 MINUTE ORDER of 8/9/04 by Hon. Ian H. Levin : Brown CPA Group, Ltd.'s motion to quash is withdrawn. [165-1] Telephoned notice (eav) |
| Filing 165 MOTION by Brown CPA Gr Ltd to quash (Attachments); Notice (ntf) |
| SCHEDULE set on 7/28/04 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 10/28/04 . Mailed notice (smm) |
| Filing 164 MINUTE ORDER of 7/23/04 by Hon. Ian H. Levin: Agreed motion for entry of revised expert discovery schedule is granted. Revised expert discovery is as follows: HotSamba expert report(s) is due by 09/27/04. Caterpillar expert report(s) is due by 10/25/04. HotSamba rebuttal report(s) is due by 11/08/04. Caterpillar rebuttal report(s) is due by 11/22/04. Beginning of period for expert depositions by 11/23/04. Expert discovery to be completed by 12/20/04. (Entered Agreed Motion for Entry of Revised Expert Discovery Schedule). Mailed notice (ntf) |
| Filing 163 STIPULATION by parties regarding expert discovery. (ntf) |
| Filing 162 TRANSCRIPT of proceedings for the following date(s): 04/28/04 Before Honorable Ian H. Levin (ntf) |
| Filing 161 TRANSCRIPT of proceedings for the following date(s): 02/26/04 Before Honorable Ian H. Levin (ntf) |
| Filing 160 AMENDED ANSWER and defenses [159-1] by counter-defendant to Caterpillar's counterclaims. (ntf) |
| SCHEDULE set on 4/28/04 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 7/28/04. Fact discovery cutoff by 8/31/04. Mailed notice (smm) |
| Filing 159 ANSWER and defenses TO COUNTERCLAIM [158-2] by HotSamba Inc (ntf) |
| Filing 158 ANSWER and defenses to third amended complaint [155-1] and COUNTERCLAIM by defendant against plaintiff (Attachments). (ntf) |
| Filing 157 MINUTE ORDER of 3/24/04 by Hon. Joan B. Gottschall : Defendants' motion for summary judgment on counts II and III of plaintiff's amended complaint is denied [78-1]. Entered Memorandum Opinion and Order. Mailed notice (ntf) |
| Filing 156 LETTER by parties to Judge Gottschall dated 03/03/04. (ntf) |
| Filing 155 THIRD AMENDED COMPLAINT [99-1] by plaintiff (Attachments). (ntf) |
| SCHEDULE set on 2/26/04 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 4/28/04 . Mailed notice (smm) |
| Filing 154 MINUTE ORDER of 2/24/04 by Hon. Joan B. Gottschall : HotSamba's motion for leave to file third amended complaint is granted [129-1]. Caterpillar's motion for partial summary judgment [134-1], [131-1] is denied. In the light of the filing of a third amended complaint. HotSamba's motion to dismiss Caterpillar Inc.'s fraud counterclaim [113-1], and HotSamba's motion to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss [112-1] are both denied as moot. The parties are ordered to submit a joint letter within seven days of the entry of this order describing what impact -- if any- this ruling has on Caterpillar's pending summary judgment motion. (Entered Order). Mailed notice (ntf) |
| Filing 153 MINUTE ORDER of 2/24/04 by Hon. Joan B. Gottschall : HotSamba's motion to dismiss i2 Technologies, Inc is granted [138-1]. i2 Technologies is dismissed from this case with prejudice. Because this dismissal is with prejudice and because the court finds the HotSamba initially had a good faith basis to bring its claim againts i2. i2's request for attorneys fees and costs is denied. In light of this ruling, HotSamba is not required to answer any pending discovery requests propounded on HotSamba by i2 Technologies, including i2's second set of requests for admission to HotSamba. Those pending requests are now moot. Mailed notice (ntf) |
| Filing 152 TRANSCRIPT of proceedings for the following date(s): 01/20/04 Before Honorable Ian H. Levin (ntf) |
| Filing 151 REPLY brief by plaintiff in support of its motion to dismiss i2 Technologies, Inc [138-1], and for relief from answering pending discovery requests propounded by i2 [138-2] (RESTRICTED). (ntf) |
| Filing 150 REPLY by defendants in support of cross-motion for partial summary judgment [134-1] and supplemental statement of undisputed material facts (RESTRICTED). (ntf) |
| Filing 149 MINUTE ORDER of 1/20/04 by Hon. Ian H. Levin : Plaintiff's motion regarding expert discovery schedule is denied [147-1]. Expert discovery is hereby stayed pending further order of court. No notice (ntf) |
| Filing 148 MINUTE ORDER of 1/20/04 by Hon. Joan B. Gottschall : Plaintiff's motion for leave to file instanter combined brief in excess of fifteen pages is granted [140-1]. Plaintiff's motion for leave to file corrected table of authorities is granted [141-1]. Mailed notice (ntf) |
| Filing 142 RESPONSE by defendants Caterpillar Inc, i2 Tech Inc, to plaintiff's motion to dismiss i2 Tech, Inc [138-1], and for relief from answering pending discovery requests propounded by i2 [138-2] (RESTRICTED). (ntf) |
| Filing 147 MOTION by plaintiff regarding expert discovery schedule (Attachments); Notice (ntf) |
| Filing 141 MOTION by plaintiff for leave to file corrected table of authorities (Attachments). (ntf) |
| Filing 146 COMBINED LOCAL RULE 56.1(b)(1) APPENDIX filed by plaintiff in support of its opposition to defendants' cross-motion for partial summary judgment [134-1], [131-1], and in support of its motion for leave to file third amended complaint [129-1] (RESTRICTED). (ntf) |
| Filing 145 LOCAL RULE 56.1(b)(3)(A) Statement by plaintiff in response to defendants' statement of undisputed material facts in support of cross-motion for partial summary judgment (RESTRICTED) (ntf) |
| Filing 144 LOCAL RULE 56.1(b)(3)(B) Statement by plaintiff of additional facts in support of its opposition to defendants' cross-motion for partial summary judgment. (ntf) |
| Filing 143 RESPONSE by plaintiff to defendants' cross-motion for partial summary judgment [134-1], [131-1] with reply (RESTRICTED). (ntf) |
| Filing 140 MOTION by plaintiff for leave to file instanter combined brief in excess of fifteen pages . (ntf) |
| Filing 139 MINUTE ORDER of 1/6/04 by Hon. Joan B. Gottschall: Answer brief to plaintiff's motion to dismiss i2 Technologies, Inc [138-1] and motion for relief from answering pending discovery requests propounded by i2 [138-2] due 01/06/04. Reply to answer brief due 1/30/04. Ruling will be by mail. Mailed notice (ntf) |
| Filing 137 TRANSCRIPT of proceedings for the following date(s): 12/18/03 Before Honorable Ian H. Levin (ntf) |
| Filing 136 TRANSCRIPT of proceedings for the following date(s): 10/07/03 Before Honorable Ian H. Levin (ntf) |
| Filing 135 MINUTE ORDER of 12/29/03 by Hon. Joan B. Gottschall : Minute order dated 12/19/03 is amended to reflect the following: Reply in support of plaintiff's motion for leave to file reply in support of plaintiff's motion for leave to file third amended complaint is due by 1/14/04. Remaining parts of order to stand. Mailed notice (ntf) |
| Filing 138 MOTION by plaintiff to dismiss i2 Technologies, Inc , and for relief from answering pending discovery requests propounded by i2 ; Notice (ntf) |
| Filing 134 CROSS-MOTION by defendants for partial summary judgment ; Supporting statement of undisputed material facts; with opposition. (cem) |
| Filing 133 MINUTE ORDER of 12/19/03 by Hon. Joan B. Gottschall : Defendants motion to correct 12/15/03 filing to substitute the attached filed under seal envelope is granted [132-1]. Reply in support of plaintiff's motion for leave to file third amended complaint [129-1] is due by 1/26/04. Briefing schedule as to cross motion for summary judgment [131-1] is as follows: Response by 1/14/04. Reply by 1/26/04. Ruling by mail. Mailed notice (cem) |
| SCHEDULE set on 12/18/03 by Hon. Ian H. Levin : Status hearing held and continued to 10:15 2/26/04 . Mailed notice (smm) |
| Filing 132 MOTION by defendants to correct 12/15/03 filing under seal ; Notice. (cem) |
| Filing 131 CROSS-MOTION by defendants for partial summary judgment ; Supporting statement; with opposition. (RESTRICTED) (cem) |
| Filing 130 MINUTE ORDER of 11/26/03 by Hon. Joan B. Gottschall : Answer brief to plaintiff's motion for leave to file third amended complaint [129-1] due 12/15/03. Reply to answer brief due 1/7/04. Ruling on plaintiff's motion for leave to file third amended complaint will be mail. Mailed notice (ntf) |
| Filing 129 MOTION by HotSamba Inc for leave to file third amended complaint (Attachments); Notice (ntf) |
| Filing 128 TRANSCRIPT of proceedings for the following date(s): 09/23/03 Before Honorable Ian H. Levin (ntf) |
| Filing 127 MINUTE ORDER of 10/7/03 by Hon. Ian H. Levin : Status hearing set for 12/18/03 at 9:30 a.m. Plaintiff's motion to extend discovery deadlines is granted [126-1]. Fact discovery is extended to 12/12/03. Plaintiff expert report(s) by 01/12/04. Defendant expert report(s) due by 02/13/04. Plaintiff rebuttal report(s) due by 02/27/04. Defendant rebuttal report(s) due 03/12/04. Expert discovery to be completed by 04/09/04. Parties dispositive motions to be filed by 04/30/04. Status hearing of 10/15/03 is vacated. Mailed notice (ntf) |
| Filing 126 MOTION by plaintiff to extend discovery deadlines ; Notice (ntf) |
| Filing 125 MINUTE ORDER of 9/23/03 by Hon. Ian H. Levin : Caterpillar's motion to compel supplemental responses to interrogatories is granted in part and denied in part on the terms stated of record and for the reasons stated of record [123-1]. Caterpillar's motion to preclude is denied for the reasons stated of record [123-2]. Plaintiff's supplemental responses to interrogatories are due by 10/14/03. No notice (ntf) |
| Filing 124 MINUTE ORDER of 9/23/03 by Hon. Ian H. Levin : HotSamba's motion to compel discovery is granted [122-1]. Defendant to produce documents by 10/14/03. No notice (ntf) |
| Filing 121 RESPONSE by plaintiff to motion of Caterpillar Inc. to compel responses to interrogatories and production of documents [44-1] or, in the alternative , to preclude. (ntf) |
| Filing 123 MOTION by defendant to compel supplemental responses to interrogatories , or to preclude (Attachments); Notice (ntf) |
| Filing 122 MOTION by plaintiff to compel discovery ; Notice (ntf) |
| Filing 120 REPLY brief by plaintiff in support of their motion to dismiss Caterpillar Inc.'s fraud counterclaim [113-1]. (ntf) |
| Filing 119 REPLY by counter-defendants' to opposition of Caterpillar Inc. to motion to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss [112-1] (ntf) |
| Filing 118 MINUTE ORDER of 9/10/03 by Hon. Joan B. Gottschall : Counter-Defendants' unopposed motion for a five-day extension of time in which to file their reply briefs is granted [117-1]. Mailed notice (ntf) |
| Filing 117 UNOPPOSED MOTION by counter-defendants for a five-day extension of time in which to file their reply briefs ; Notice (ntf) |
| Filing 116 OPPOSITION by defendant to motion of counter-defendants Hotsamba, Inc. and Robert T. Onesto to dismiss Caterpillar's fraud counterclaim [113-1] (lc) |
| Filing 115 OPPOSITION by defendant to motion fo counter-defendants Hotsamba, Inc. and Robert T. Onesto to stay answering counterclaims not subject to motion to dismiss [112-1] (lc) |
| Filing 114 MINUTE ORDER of 8/6/03 by Hon. Joan B. Gottschall : Answer brief to counter-defendants motion to stay answering Caterpillar's counterclaims not subject counter-defendants' motion to dismiss [112-1] and to dismiss Caterpillar Inc.'s fraud counterclaim [113-1] due 08/29/03. Reply to answer brief due 9/12/03. Ruling by mail. Mailed notice (ntf) |
| Filing 113 MOTION by counter-defendants to dismiss Caterpillar Inc.'s fraud counterclaim ; Memorandum in support; (Attachments); Notice (ntf) |
| Filing 112 MOTION by counter-defendants to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss . (ntf) |
| Filing 111 MINUTE ORDER of 7/25/03 by Hon. Joan B. Gottschall : Counter-Defendants' unopposed motion for a brief extension of time to 08/01/03 in which to respond to Caterpillar Inc's counterclaims is granted [110-1]. Mailed notice (ntf) |
| Filing 110 UNOPPOSED MOTION by HotSamba Inc, Robert T Onesto, for a brief extension of time in which to respond to Caterpillar Inc's counterclaims ; Notice (ntf) |
| Filing 109 TRANSCRIPT of proceedings for the following date(s): 04/07/03 Before Honorable Ian H. Levin (ntf) |
| SCHEDULE set on 7/17/03 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 10/15/03 . Mailed notice (smm) |
| Filing 108 LETTER by parties to Judge Gottschall dated 07/16/03. (ntf) |
| SCHEDULE set on 7/10/03 by Hon. Joan B. Gottschall : Status hearing held. Parties to submit letter to Judge Gottschall's Chambers by 7/17/03 regarding how this Court shall proceed on pending motion for summary judgment and the statement of facts. In court notice (rj) |
| Filing 107 MINUTE ORDER of 7/7/03 by Hon. Joan B. Gottschall: Pursuant to Notice of Substitution of Counsel of defendants, Caterpillar Inc. and i2 Technologies, Inc., Lisa C. Sullivan of the law firm of Howrey Simon Arnold & White is given leave to file appearance on behalf of defendants subsituting for Michael K. Lindsey. The appearance of Michael K. Lindsey also of Howrey Simon Arnold & White is hereby withdrawn. Mailed notice (ntf) |
| Filing 106 ANSWER and defenses to second amended complaint [99-1] and COUNTERCLAIM; jury demand by defendant Caterpillar Inc against plaintiff and Robert Onesto (Attachments). (ntf) |
| Filing 105 ANSWER by defendant i2 Technologies to second amended complaint [99-1]; jury demand (ntf) |
| Filing 104 RESPONSE by plaintiff to amended and supplemental statement of Caterpillar Inc. in response to HotSamba's Local Rule 56.1(b)(3)(B) statement of additional facts [94-1] (ntf) |
| Filing 103 ATTORNEY APPEARANCE for Caterpillar Inc, i2 Tech Inc by Lisa Colleen Sullivan (ntf) |
| Filing 102 NOTICE OF SUBSTITUTION by defendants Caterpillar Inc, i2 Tech Inc of counsel of defendants; Notice. (ntf) |
| Filing 101 ATTORNEY APPEARANCE for plaintiff by James Terrence Hultquist; Notice. (ntf) |
| Filing 100 AMENDED AND SUPPLEMENTAL STATEMENT by defendant Caterpillar Inc in response to Hotsamba's Local Rule 56.1(b)(3)(B) statement of additional facts [94-1] (Attachments); Notice. (fce) |
| Filing 99 SECOND AMENDED COMPLAINT [64-1] by plaintiff (Attachments); jury demand (cdy) |
| SCHEDULE set on 6/19/03 by Hon. Joan B. Gottschall : Status hearing reset to 9:30 7/10/03. Mailed notice (rj) |
| Filing 98 MINUTE ORDER of 6/10/03 by Hon. Joan B. Gottschall : HotSamba's motion for leave to file a second amended complaint [82-1] is granted. The parties shall appear for a status on 07/03/03 at 9:00 a.m. Caterpillar should notify the court and HotSamba at the parties' next status date what impact, if any, this ruling has on Caterpillar's pending motion for summary judgment. In light of the filing a second amended complaint, plaintiff's motion to dismiss Caterpillar's fraud counterclaim [53-1] is denied as moot. Likewise, plaintiff's motion to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss [52-1] is denied as moot. (Entered Order). Mailed notice (ntf) |
| Filing 97 STATEMENT by Caterpillar Inc in response to HotSamba's Local Rule 56.1(b)(3)(B) statement of additional facts [94-1] (Attachments). (ntf) |
| Filing 96 REPLY by Caterpillar Inc in support of motion for summary judgment on counts II and III of plaintiff's amended complaint [78-1] (ntf) |
| Filing 95 LOCAL RULE 56.1(b)(1) APPENDIX filed by HotSamba Inc in suppport to its opposition to motion of Caterpillar Inc. for summary judgment on counts II and III of plaintiff's amended complaint [78-1]. (ntf) |
| Filing 94 LOCAL RULE 56.1(b)(3)(B) Statement by HotSamba Inc of additional facts in support of its opposition to motion of Caterpillar Inc. for summary judgment on Counts II and III of plaintiff's amended complaint. (ntf) |
| Filing 93 LOCAL RULE 56.1(b)(3)(A) Statement of Hotsamba Inc. in response to statement of undisputed material facts in support of motion of Caterpillar Inc. for summary judgment on counts II and III of plaintiff's amended complaint. (ntf) |
| Filing 92 MEMORANDUM of law by HotSamba Inc in opposition to Caterpillar's motion for summary judgment on counts II and III of plaintiff's amended complaint [78-1] (Attachments). (ntf) |
| Filing 91 REPLY by HotSamba Inc to defendants' opposition to plaintiff's motion for leave to file second amended complaint [82-1] (Attachments). (ntf) |
| Filing 90 MINUTE ORDER of 5/9/03 by Hon. Joan B. Gottschall : Agreed motion by parties for revised briefing schedule is granted [87-1]. Plaintiff's response to Defendant, Caterpillar Inc's motion for summary judgment on counts II and III of plaintiff's amended complaint [78-1] is due by 05/12/03. Defendant's reply brief in support is due by 5/30/03. Plaintiff's reply brief in support of its motion for leave to file second amnded complaint is due by 05/12/03. Mailed notice (ntf) |
| Filing 89 MINUTE ORDER of 5/7/03 by Hon. Ian H. Levin : Status hearing held and continued to 7/17/03 at 9:30 a.m. Plaintiffs' motion to quash subpoena for deposition is denied [88-1]. Deposition is hereby allowed and shall be completed within 7 hours. Mailed notice (ntf) |
| Filing 88 MOTION by plaintiff to quash subpoena for deposition (Attachments); Notice (ntf) |
| Filing 87 MOTION by parties for revised briefing schedule . (ntf) |
| Filing 86 OPPOSITION by defendant to plaintiff's motion for leave to file second amended complaint [82-1] (Attachments). (ntf) |
| Filing 85 OPPOSITION by defendant i2 Tech Inc to plaintiff's motion for leave to file second amended complaint [82-1]. (ntf) |
| Filing 84 TRANSCRIPT of proceedings for the following date(s): 03/04/03 Before Honorable Ian H. Levin (ntf) |
| Filing 83 MINUTE ORDER of 4/11/03 by Hon. Joan B. Gottschall : Answer brief to plaintiff's motion for leave to file second amended complaint [82-1] due 04/25/03. Reply to answer brief due 5/2/03. Ruling on Hotsamba's motion for leave to file second amended complaint will be my mail. Mailed notice (ntf) |
| Filing 81 MINUTE ORDER of 4/4/03 by Hon. Joan B. Gottschall : Motion of Caterpillar Inc. for summary judgment on counts II and III of plaintiff's amended complaint [78-1] due 05/05/03. Reply to answer brief due 5/19/03. Ruling on motion will be by mail. Mailed notice (ntf) |
| Filing 82 MOTION by plaintiff for leave to file second amended complaint (Attachments); Notice (ntf) |
| Filing 80 STATEMENT by Caterpillar Inc of undisputed material facts in support of motion for summary judgment on counts II and III of plaintiff's amended complaint [78-1] (Attachments). (ntf) |
| Filing 79 AFFIDAVIT of Ari N. Rothman; Notice. (ntf) |
| Filing 78 MOTION by defendant for summary judgment on counts II and III of plaintiff's amended complaint ; Memorandum of law in support; Notice (ntf) |
| Filing 77 MINUTE ORDER of 3/26/03 by Hon. Ian H. Levin : Parties agreed stipulation to extend time to respond to discovery is granted [76-1]. Plaintiff is given until 04/07/03 to respond to Caterpillar's third set of requests for admission. Defendant Caterpillar Inc is given until 04/10/03 to amend and supplement its response to plaintiff's third set of interrogatories. Mailed notice (ntf) |
| Filing 76 AGREED STIPULATION by parties to extend time to respond to disocvery ; Notice (ntf) |
| Filing 75 MINUTE ORDER of 3/4/03 by Hon. Ian H. Levin : Plaintiff's motion to compel discovery is granted in part and denied in part [74-1] for the reasons stated of record and on the terms stated of record. No notice (ntf) |
| Filing 73 OPPOSITION of Caterpillar Inc to Hotsamba's motion to compel discovery [35-1], [36-1] (ntf) |
| Filing 74 MOTION by plaintiff to compel discovery (Attachments); Notice (ntf) |
| Filing 72 NOTIFICATION by defendant i2 Tech Inc of affiliates. (ntf) |
| Filing 71 ANSWER by defendant i2 Tech Inc to amended complaint [64-1]; jury demand. (ntf) |
| Filing 70 RESPONSE by plaintiff to answer and defenses of Caterpillar Inc. to amended complaint [65-1] and counterclaim [65-2] (ntf) |
| Filing 69 ATTORNEY APPEARANCE for defendant i2 Tech Inc by Robert G Abrams, Gregory L Baker, Terry L Sullivan, Ari Nicholas Rothman, Richard Allen Schnurr, Michael K Lindsey; Notice. (ntf) |
| Filing 68 ATTORNEY APPEARANCE for defendant Caterpillar Inc by Ari Nicholas Rothman (eav) |
| Filing 67 NOTICE by defendant Caterpillar Inc of substitution of counsel Ari N. Rothman instead of Alex Collins (eav) |
| Filing 66 RETURN OF SERVICE executed as to defendant i2 Tech Inc on 02/07/03; Notice. (ntf) Modified on 02/12/2003 |
| Filing 65 ANSWER and defenses to amended complaint [64-1] and COUNTERCLAIM; jury demand by defendant against plaintiff; cntdft Robert T Onesto (Attachment). (ntf) |
| SCHEDULE set on 2/6/03 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 5/7/03 . Mailed notice (smm) |
| Filing 64 AMENDED COMPLAINT [1-1] by plaintiff; jury demand; adding i2 Tech Inc (ntf) |
| SUMMONS issued original and one copy as to defendant i2 Tech Inc (ntf) |
| Filing 63 MINUTE ORDER of 1/23/03 by Hon. Joan B. Gottschall : Plaintiff's motion to amend the complaint [19-1], and for joinder in Technologies as a defendant [19-2] is granted. Plaintiff has by far the better of this argument. While there will undoubtedly be individual issues and evidence relating, respectively, to Caterpillar and i2 Technologies, plaintiff's claimed right to relief against them arises out of the same transaction and, as the proposed amended complaint makes clear, there will be substantial common issues and evidence as well. Having two actions that overlap so substantially go forward serarately would cause enormous waste and infeffciency. Nor is there any reason to deny leave to amend under Rule 15. The court does not read plaintiff's counsel's letter as a concession of anything, and the motion for leave to amend came early enough in this litigation that none of the reasons for denial set forth in Rule 15 are seriously implicated. Mailed notice (ntf) |
| Filing 62 REPLY brief by counter-defendants HotSamba, Inc. and Robert T. Onesto in support of their motion to dismiss Caterpillar's fraud counterclaim [53-1]; Notice. (ntf) |
| Filing 61 REPLY by plaintiff to response of Caterpillar Inc. to motion of counter-defendants HotSamba, Inc. and Robert T. Onesto to stay answering counterclaims not subject to counter-defendants' motion to dismiss [52-1]. (ntf) |
| Filing 60 MINUTE ORDER of 11/4/02 by Hon. Ian H. Levin : Status hearing held and continued to 2/6/03 at 9:30 a.m. Parties agreed motion for a revised pre-trial schedule is granted [59-1]. The revised pretrial schedule is as follows: Fact discovery cut-off by 10/31/03. Plaintiff's expert report(s) due by 11/14/03. Defendant's expert report(s) due by 12/16/03. Expert discovery to be complete by 01/13/04. Dispositive motions to be filed by 02/02/04. The pretrial schedule is entered without prejudice to District Judge amending or accelerating. Prior pretrial schedule is hereby vacated. Mailed notice (ntf) |
| Filing 59 AGREED MOTION by parties for a revised pre-trial schedule . (ntf) |
| Filing 58 MINUTE ORDER of 11/4/02 by Hon. Joan B. Gottschall: Enter agreed order extending time for plaintiff to file reply briefs by 11/13/02. (Entered Agreed Order Extending Time for Plaintiff to File Reply Briefs.) Mailed notice (cdy) |
| Filing 57 OPPOSITION by defendant to motion of counter-defendants HotSamba, Inc. and Robert T. Onesto to dismiss Caterpillar's fraud counterclaim [53-1]; Notice. (ntf) |
| Filing 56 RESPONSE by defendant to motion of counter-defendants HotSamba, Inc and Robert T. Onesto to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss [52-1]; Notice. (ntf) |
| Filing 55 TRANSCRIPT of proceedings for the following date(s): 09/10/02 Before Honorable Ian H. Levin (ntf) |
| Filing 54 MINUTE ORDER of 10/11/02 by Hon. Joan B. Gottschall : Answer brief to counter-defendants motion to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss [52-1], and counter-defendants' motion to Caterpillar's fraud counterclaim [53-1] due 10/25/02. Reply to answer brief due 11/8/02. Ruling by mail. Mailed notice (ntf) |
| Filing 51 ATTORNEY APPEARANCE for plaintiff by Jennifer Yule DePriest (ntf) |
| Filing 50 ATTORNEY APPEARANCE for counter-defendant Robert T Onesto by Brian D. Roche, William T. McGrath, Jennifer Yule DePriest (ntf) |
| Filing 49 NOTICE OF SUBSTITUTION OF COUNSEL by plaintiff. (ntf) |
| Filing 48 TRANSCRIPT of proceedings for the following date(s): 09/04/02 Before Honorable Ian H. Levin (ntf) |
| Filing 53 MOTION by plaintiff to dismiss Caterpillar's fraud counterclaim ; Memorandum in support; Notice (ntf) Modified on 10/15/2002 |
| Filing 52 MOTION by plaintiff to stay answering Caterpillar's counterclaims not subject to counter-defendants' motion to dismiss ; Notice (ntf) |
| Filing 47 MINUTE ORDER of 9/25/02 by Hon. Joan B. Gottschall : Motion by defendant, Caterpillar Inc. for leave to withdraw Thomas V. Miller and Jon D. Shutter as attorneys of record is granted [46-1]. The appearances of Thomas Miller and Jon Shutter are hereby withdrawn. All future correspondence shall be addressed to Richard Schnurr as local counsel. Mailed notice (ntf) |
| Filing 46 MOTION by defendant for leave to withdraw Thomas V. Miller and Jon D. Shutter as attorneys of record ; Notice (ntf) |
| Filing 45 MINUTE ORDER of 9/10/02 by Hon. Ian H. Levin : Status hearing re-set for 11/4/02 at 9:30 a.m. Motion of Caterpillar, Inc. to compel responses to interrogatories and production of documents [44-1] is granted in part and denied in part for the reasons stated of record and on the terms stated of record. Mailed notice (ntf) |
| Filing 43 AMENDED ANSWER and defenses to complaint [1-1] and COUNTERCLAIMS; jury demand by defendant against plaintiff; cntdft Robert T Onesto (Attachments). (ntf) |
| Filing 44 MOTION by defendant to compel responses to interrogatories and production of documents (Attachments); Notice (ntf) |
| Filing 42 MINUTE ORDER of 9/4/02 by Hon. Joan B. Gottschall: Motion of Caterpillar Inc. to file amended answer and counterclaims, and to join counterclaim defendant is referred to Magistrate Judge Levin for hearing and ruling. Referral is expanded to include this motion and all non-dispositivie pretrial matters. Mailed notice (ntf) |
| Filing 41 MINUTE ORDER of 9/4/02 by Hon. Ian H. Levin : Plaintiff's emergency motion for protective order [39-1] is granted for the reasons and on the terms stated of record. Motion of Caterpillar, Inc. to file amended answer and counterclaims, and to join counterclaim defendant is granted [40-1], [40-2]. Mailed notice (ntf) |
| Filing 40 MOTION by defendant to file amended answer and counterclaims , and to join counterclaim defendant (Attachments); Notice (ntf) |
| Filing 39 EMERGENCY MOTION by plaintiff for a protective order ; Notice (ntf) |
| Filing 38 TRANSCRIPT of proceedings for the following date(s): 07/23/02 Before Honorable Ian H. Levin (ntf) |
| Filing 37 MINUTE ORDER of 7/23/02 by Hon. Ian H. Levin : Plaintiff's motion to compel production of documents [36-1] is granted as stated on the record. Defendant is to produce said documents by 08/13/02. Plaintiff's motion to compel production of documents is filed under seal until further order of the court. Mailed notice (ntf) |
| Filing 36 MOTION by plaintiff to compel production of documents (RESTRICTED). (ntf) |
| Filing 35 MOTION by plaintiff to compel production of documents (RESTRICTED). (ntf) |
| SCHEDULE set on 6/21/02 by Hon. Joan B. Gottschall : Status hearing set for 7/18/02 at 9:30AM is vacated. Mailed notice (rj) |
| Filing 34 MINUTE ORDER of 6/17/02 by Hon. Ian H. Levin : Defendant's agreed motion for entry of revised pre-trial schedule is granted [33-1]. Fact discovery by 01/31/03. Plaintiff's expert reports due by 02/14/03. Defendant's expert reports due by 03/04/03. Plaintiff's rebuttal expert reports due by 03/18/03. Expert discovery by 04/15/03. Status hearing held and continued to 10/7/02 at 9:30am. Dispositive motions due 5/5/03. Mailed notice (ntf) |
| Filing 33 AGREED MOTION by defendant for entry of revised pre-trial schedule . (ntf) |
| Filing 32 TRANSCRIPT of proceedings for the following date(s): 04/02/01 Before Honorable Ian H. Levin (ntf) |
| Filing 31 ATTORNEY APPEARANCE for defendant by Michael K Lindsey (ntf) |
| SCHEDULE set on 4/18/02 by Hon. Ian H. Levin : Status hearing held and continued to 9:30 6/17/02 . Mailed notice (smm) |
| Filing 30 JOINT INITIAL STATUS REPORT by parties; Notice. (ntf) (ym, ). |
| Filing 28 MINUTE ORDER of 4/2/02 by Hon. Ian H. Levin: Defendant's motion to compel production of documents [27-1] is granted on the terms stated of record. No notice (yap) |
| Filing 27 NOTICE by defendant of motion to compel production of documents (yap) |
| Filing 29 REPLY by plaintiff to defendant's opposition to plaintiff's motion to amend the complaint [19-1] and for joinder in Technologies as a defendant [19-2]; Notice. (RESTRICTED) (air) Modified on 04/05/2002 |
| SCHEDULE set on 3/20/02 by Hon. Ian H. Levin : Status hearing set to 10:15 4/18/02 in courtroom 1342. Enclosed is the court's procedure for filing a joint mandatory status report . Mailed notice (smm) |
| Filing 25 OPPOSITION by defendant to plaintiff's motion to amend the complaint [19-1] and for joinder (Attachments). (vmj) |
| Filing 26 REFERRAL ORDER of 3/11/02 The case is referred to the Hon. Ian H. Levin from the Hon. Morton Denlow in accordance with IOP 14(B). (For further detail see order.) Mailed notice (mw) |
| Filing 24 MINUTE ORDER of 3/8/02 by Hon. Joan B. Gottschall: Plaintiff's motion to amend the complaint [19-1], and for joinder in Technologies as a defendant [19-2] is hereby reinstated. Briefing schedule as follows: Response is due by 3/15/02 to motion to amend the complaint [19-1] and for joinder in Technologies as a defendant [19-2]. Reply is due by 3/22/02. Mailed notice (rmm) |
| Filing 23 MINUTE ORDER of 3/8/02 by Hon. Joan B. Gottschall : Motion of Caterpillar Inc. to compel production of documents and all discovery supervision is referred to Magistrate Judge Denlow. Referral order to follow. Mailed notice (jmp) |
| Filing 21 EXPEDITED REFERRAL ORDER: Case referred to Hon. Morton Denlow for discovery motions , and discovery supervision Mailed notice. (rj) |
| Filing 20 MINUTE ORDER of 3/6/02 by Hon. Joan B. Gottschall : Plaintiff's motion to amend the complaint [19-1] and for joinder in Technologies as a defendant is denied [19-2] without prejudice. Movant failed to appear. Mailed notice (yp) |
| Filing 22 MOTION by defendant to compel production of documents ; Memorandum in support (Attachments); Notice. (jmp) |
| Filing 19 MOTION by plaintiff to amend the complaint , and for joinder in Technologies as a defendant (Attachments); Notice. (yp) |
| NOTICE by defendant of change of firm name and telephone number of Jon D. Shutter. (Original in 00C4623) (air) Modified on 01/08/2002 |
| Filing 18 MINUTE ORDER of 1/2/02 by Hon. Joan B. Gottschall : Agreed motion by defendant for entry of amended stipulated protective order is granted [17-1] . Entered Amended Stipulated Protective Order. Mailed notice. (las) |
| Filing 17 AGREED MOTION by defendant for entry of amended stipulated protective order ; Notice (las) |
| Filing 16 ATTORNEY APPEARANCE for defendant by Jon David Shutter. (air) |
| Filing 15 ATTORNEY APPEARANCE for defendant by Terry L. Sullivan. (air) |
| Filing 14 APPLICATION for leave to appear pro hac vice by Terry L. Sullivan; Order entered granting leave by Hon. Joan B. Gottschall (Attachment). (air) |
| Filing 13 MINUTE ORDER of 10/24/01 by Hon. Joan B. Gottschall : Motion by plaintiff for entry of stipulated protective order is granted [12-1]. (Entered Stipulated Protective Order.) Mailed notice (lc) |
| Filing 12 MOTION by plaintiff for entry of stipulated protective order (Attachment); Notice. (lc) |
| Filing 11 AMENDED ANSWER and defenses to plaintiff's complaint [3-1] by defendant; jury demand. (mw) |
| Filing 10 ATTORNEY APPEARANCE for defendant by Richard A. Schnurr (yap) |
| SCHEDULE set on 9/20/01 by Hon. Joan B. Gottschall : Status hearing held and continued to 9:30 7/18/02. Written discovery ordered closed 7/1/02. Plaintiff to submit expert report by 7/15/02. Defendant expert report by 8/2/02. Plaintiff rebuttal experts if any by 8/16/02. Expert depositions to be completed by 9/13/02. Dispositive motion by 10/1/02. In court notice (rj) |
| Filing 8 APPLICATION for leave to appear pro hac vice by Gregory L. Baker for defendant; Order entered granting leave by Hon. Joan B. Gottschall. (mw) |
| Filing 7 APPLICATION for leave to appear pro hac vice by Alexnader R. Collins for defendant; Order entered granting leave by Hon. Joan B. Gottschall. (mw) |
| Filing 6 APPLICATION for leave to appear pro hac vice by Robert G. Abrams for defendant; Order entered granting leave by Hon. Joan B. Gottschall. (mw) |
| Filing 5 RETURN of service executed as to defendant Caterpillar Inc on 08/06/01. (mw) |
| Filing 9 ATTORNEY APPEARANCE for defendant by Richard Allen Schnurr. (yp) |
| Filing 4 NOTIFICATION by Caterpillar Inc of affiliates. (tlm) |
| Filing 3 ANSWER by Caterpillar Inc to complaint [1-1]; jury demand (tlm) |
| Filing 2 ATTORNEY APPEARANCE for defendant by Robert G. Abrams, Gregory L. Baker, Alexander R. Collins and Thomas Victor Miller (tlm) |
| SCHEDULE set on 8/15/01 by Hon. Joan B. Gottschall : Status hearing set to 9:30 9/20/01. Plaintiff is directed to advise the defendants of the status hearing forthwith. Parties are directed to discuss settlement of case, consent to proceed before the Magistrate Judge and a proposed discovery plan. See Judge Gottschall's civil case management packet for important information about pretrial case management procedures. This information is also located on the court's website: http://www.ilnd.uscourts.gov. Mailed notice (rj) |
| MAILED Copyright report to Register of Copyrights, Copyright Office, Washington, D.C. (hp) |
| Filing 1 COMPLAINT (Exhibits); jury demand - Civil cover sheet - Appearance(s) of Brian D. Roche, Margaret Mary Gembala and William T. McGrath as attorney(s) for plaintiff (One Original and one copy summons(es) issued.) ( Documents: 1-1 through 1-3) (hp) |
| RECEIPT regarding payment of filing fee paid; on 7/17/01 in the amount of $ 150.00, receipt #10310819. (hp) |
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