Freeman Equipment, Inc. v. Caterpillar, Inc.
| Freeman Equipment, Inc. |
| Caterpillar, Inc. |
| 1:2016cv09172 |
| September 23, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| XX US, Outside the State of IL |
| Elaine E Bucklo |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on November 1, 2018. A more recent docket listing may be available from PACER.
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| Filing 154 MAILED Patent report with certified copy of Order dated 10/26/18 to Patent Trademark Office, Alexandria VA. (gcy, ) |
| Filing 153 MINUTE entry before the Honorable M. David Weisman: Pursuant to stipulation of dismissal #150 , and in light of the District Judge's termination of this case Dkt #151 , all matters relating to the referral of this case have been resolved. Status hearing set for 11/1/18 before Magistrate Judge Weisman is hereby stricken with no appearance required. Referral terminated. Mailed notice (ao,) |
Filing 152
ORDER OF DISMISSAL PURSUANT TO STIPULATION Signed by the Honorable Elaine E. Bucklo on 10/26/2018.(gcy, )
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| Filing 151 MINUTE entry before the Honorable Elaine E. Bucklo: A stipulation of dismissal has been filed. Enter Order of Dismissal Pursuant to Stipulation, with the Court to retain jurisdiction to enforce the terms of the parties' settlement agreement. This case is dismissed with prejudice, each party bearing its own attorney's fees and costs. All pending dates before this court are stricken. Civil case terminated. Mailed notice. (mgh, ) |
| Filing 150 STIPULATION of Dismissal (Ridgway, William) |
| Filing 149 MINUTE entry before the Honorable Elaine E. Bucklo: In light of the status hearing with Magistrate Judge Weisman, the status hearing of 10/24/2018 is reset to 11/9/2018 at 9:30 a.m. If a stipulation to dismiss is submitted in advance, no one needs to appear on that date. Mailed notice. (mgh, ) |
| Filing 148 MINUTE entry before the Honorable M. David Weisman: At the parties' request, the status hearing set for 10/16/18 is stricken and reset to 11/1/18 at 9:15 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be stricken and no appearance will be necessary. Mailed notice (ao,) |
| Filing 147 MINUTE entry before the Honorable M. David Weisman: Settlement conference held. All parties appeared. The parties were able to reach a settlement in this matter. Settlement terms exchanged between the parties. Status hearing set for 10/16/18 at 9:15 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be stricken and no appearance will be necessary. The Court thanks counsel and the parties for their reasonableness and professionalism in resolving this matter. Mailed notice (ao,) |
| Filing 146 MINUTE entry before the Honorable M. David Weisman: Status hearing set for 9/13/18 is stricken. A settlement conference is set for 9/13/18 at 2:00 p.m. Plaintiff's settlement letter shall be delivered to Defendant, with a courtesy copy delivered to the Court, in chambers, on or before 8/30/18. Defendant's settlement letter shall be delivered to Plaintiff, with a courtesy copy delivered to the Court, in chambers, on or before 9/6/18. The parties must also submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. However, please note that settlement letters are not to be filed on the CM-ECF system. Parties have no objection to the Court having ex parte discussions with counsel in advance of the settlement conference if the Court believes such conversations would be warranted. Mailed notice (ao,) |
| Filing 145 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman to conduct a settlement conference and discuss general issues related to settlement. Status hearing set for 9/13/18 at 9:15 a.m. Prior to the status hearing, the Court respectfully requests that counsel consult the Court's standing order on settlement conferences and related materials in advance of the status hearing. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. The Court specifically requests that counsel must have available dates for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Mailed notice (ao,) |
| Filing 144 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: Settlement Conference. (mgh, ) Mailed notice. |
| Filing 143 MINUTE entry before the Honorable Elaine E. Bucklo: The parties request a referral to Magistrate Judge Weisman for a settlement conference. This case is referred to Magistrate Judge Weisman for a settlement conference. Status hearing previously set for 9/24/2018 is reset for 10/24/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 142 MINUTE entry before the Honorable Elaine E. Bucklo: Motion to strike Caterpillar Inc.'s Second Amended and Supplemental Invalidity and Unenforceability Contention #139 is taken under advisement. Status hearing set for 8/24/2018 is stricken and reset for 9/24/2018 at 9:30 a.m. No appearance required on 8/24/2018. Mailed notice. (mgh, ) |
| Filing 141 MEMORANDUM by Caterpillar, Inc. in Opposition to motion to strike #139 (Ridgway, William) |
| Filing 140 NOTICE of Motion by Michael P. Padden for presentment of motion to strike #139 before Honorable Elaine E. Bucklo on 8/24/2018 at 09:45 AM. (Padden, Michael) |
| Filing 139 MOTION by Plaintiff Freeman Equipment, Inc. to strike Caterpillar Inc.'s Second Amended and Supplemental Invalidity and Unenforceability Contentions (Attachments: #1 Exhibit)(Padden, Michael) |
| Filing 138 AMENDED Answer by Freeman Equipment, Inc. to amended answer to complaint,,,, counterclaim,,, #137 (Padden, Michael) |
| Filing 137 AMENDED Answer by Caterpillar, Inc. to complaint, #1 , COUNTERCLAIM filed by Caterpillar, Inc. against Freeman Equipment, Inc. . (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41)(Ridgway, William) |
| Filing 136 MINUTE entry before the Honorable Elaine E. Bucklo: Defendant's motion for leave to amend its answer #118 is granted. Plaintiff's motion for leave to file sur-reply #132 is moot. No appearance required on 8/6/2018 or 8/10/2018. Status hearing set for 8/24/2018 at 9:45 a.m. Mailed notice. (mgh, ) |
| Filing 135 REPLY by Freeman Equipment, Inc. to response in opposition to motion #134 for leave to file sur-reply (Padden, Michael) |
| Filing 134 RESPONSE by Caterpillar, Inc.in Opposition to MOTION by Plaintiff Freeman Equipment, Inc. for leave to file Sur-Reply in Opposition to Defendant's Motion for Leave to Amend its Answer #132 (Ridgway, William) |
| Filing 133 NOTICE of Motion by Michael P. Padden for presentment of motion for leave to file #132 before Honorable Elaine E. Bucklo on 8/6/2018 at 09:30 AM. (Padden, Michael) |
| Filing 132 MOTION by Plaintiff Freeman Equipment, Inc. for leave to file Sur-Reply in Opposition to Defendant's Motion for Leave to Amend its Answer (Attachments: #1 Sur-Reply, #2 Ex. A to Sur-Reply)(Padden, Michael) |
| Filing 131 APPENDIX in Support of Defendant Caterpillar Inc.'s Reply in Support of its Motion to Amend its Answer (Ridgway, William) |
| Filing 130 REPLY by Defendant Caterpillar, Inc. to motion to amend/correct #118 Defendant Caterpillar Inc.'s Reply in Support of its Motion to Amend its Answer (Ridgway, William) |
| Filing 129 MINUTE entry before the Honorable Elaine E. Bucklo: Motion for leave to file excess pages #127 is granted. Mailed notice (reg) |
| Filing 128 NOTICE of Motion by Richard A Sharpe for presentment of motion for leave to file excess pages #127 before Honorable Elaine E. Bucklo on 7/18/2018 at 09:30 AM. (Sharpe, Richard) |
| Filing 127 MOTION by Plaintiff Freeman Equipment, Inc. for leave to file excess pages (Sharpe, Richard) |
| Filing 126 APPENDIX response in opposition to motion #125 for leave to amend answer (Attachments: #1 Appendix Part 1, #2 Appendix Part 2)(Sharpe, Richard) |
| Filing 125 RESPONSE by Freeman Equipment, Inc.in Opposition to MOTION by Defendant Caterpillar, Inc. to amend/correct answer to complaint, counterclaim #10 #118 (Sharpe, Richard) |
| Filing 124 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's unopposed motion to amend briefing schedule for Defendant's motion for leave to amend its answer #122 is granted. Plaintiff's response to Defendant Caterpillar Inc.'s motion for leave to amend its answer #118 shall be filed by 7/13/2018. Defendant's reply due by 7/27/2018. Ruling before Honorable Elaine E. Bucklo on 8/10/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 123 NOTICE of Motion by Michael P. Padden for presentment of motion to amend/correct #122 before Honorable Elaine E. Bucklo on 6/27/2018 at 09:30 AM. (Padden, Michael) |
| Filing 122 MOTION by Plaintiff Freeman Equipment, Inc. to amend/correct Briefing Schedule for Defendant's Motion for Leave to Amend Its Answer (Padden, Michael) |
| Filing 121 MINUTE entry before the Honorable Elaine E. Bucklo: Any objections to Defendant Caterpillar Inc.'s motion for leave to amend its answer shall be filed by 7/2/2018. Replies due by 7/9/2018. Ruling before Honorable Elaine E. Bucklo on 7/12/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 120 NOTICE of Motion by William Elliott Ridgway for presentment of motion to amend/correct #118 before Honorable Elaine E. Bucklo on 6/27/2018 at 09:30 AM. (Ridgway, William) |
| Filing 119 APPENDIX motion to amend/correct #118 (Attachments: #1 Exhibit A (Part 1), #2 Exhibit A (Part 2) and Exhibits B-U)(Ridgway, William) |
| Filing 118 MOTION by Defendant Caterpillar, Inc. to amend/correct answer to complaint, counterclaim #10 (Ridgway, William) |
| Filing 117 MINUTE entry before the Honorable Elaine E. Bucklo: Caterpillar has filed a motion to seal a motion for leave to amend its answer and appendix thereto (dockets 113, 114 and sealed exhibit 115). The proposed motion to amend is attached as part of the appendix. Caterpillar's motion to seal is denied but the exhibit (115) shall be stricken from the docket. If Caterpillar wants to file a motion to amend its answer it can do so without referring to confidential documents (I have read the redacted form of the motion and it clearly can be redrafted to avoid the necessity of referring to the more than 1000 pages in its sealed appendix). Mailed notice. (mgh, ) |
| Filing 116 NOTICE of Motion by William Elliott Ridgway for presentment of motion to seal #113 before Honorable Elaine E. Bucklo on 6/21/2018 at 09:30 AM. (Ridgway, William) |
| Filing 115 SEALED EXHIBIT by Defendant Caterpillar, Inc. (Appendix In Support) regarding MOTION by Defendant Caterpillar, Inc. to seal Its Motion For Leave to Amend Its Answer & Appendix Thereto #113 (Attachments: #1 Exhibit 1 -2 (Part 1), #2 Exhibit 2 (Part II), #3 Exhibit 2 (Part III), #4 Exhibit 2 (Part IV))(Ridgway, William) |
| Filing 114 APPENDIX motion to seal #113 (REDACTED) (Attachments: #1 Exhibit 1 - 2 (Part I), #2 Exhibit 2 (Part II), #3 Exhibit 2 (Part III))(Ridgway, William) |
| Filing 113 MOTION by Defendant Caterpillar, Inc. to seal Its Motion For Leave to Amend Its Answer & Appendix Thereto (Ridgway, William) |
| Filing 112 MINUTE entry before the Honorable Elaine E. Bucklo: Ruling on Defendant Caterpillar Inc.'s Motion for Leave to Amend its Final Invalidity Contention #102 set for 6/8/2018 is stricken. The Court will issue a ruling by mail. Mailed notice. (mgh, ) |
| Filing 111 APPENDIX reply to response to motion #110 (Ridgway, William) |
| Filing 110 REPLY by Caterpillar, Inc. to MOTION by Defendant Caterpillar, Inc. for leave to file Amended Final Invalidity Contentions #102 (Ridgway, William) |
| Filing 109 APPENDIX response in opposition to motion #108 by Defendant for leave to file Amended Final Invalidity Contentions (Padden, Michael) |
| Filing 108 RESPONSE by Freeman Equipment, Inc.in Opposition to MOTION by Defendant Caterpillar, Inc. for leave to file Amended Final Invalidity Contentions #102 (Padden, Michael) |
| Filing 107 MINUTE entry before the Honorable Elaine E. Bucklo: Application to appear pro hac vice of Donna Klett as counsel for Plaintiff Freeman Equipment, Inc. #101 is granted. Parties Joint Motion to set briefing schedule #105 is granted. The Court sets the following briefing schedule on Defendant Caterpillar Inc.'s Motion for Leave to Amend its Final Invalidity Contention #102 as follows: Plaintiff to respond by 5/4/2018. Defendant to reply by 5/11/2018. Ruling before Honorable Elaine E. Bucklo on 6/8/2018 at 9:30 a.m. Status hearing set for 5/14/2018 is stricken. No appearance required on 4/20/2018 or 5/14/2018. Mailed notice. (mgh, ) |
| Filing 106 NOTICE of Motion by Michael P. Padden for presentment of motion by filer to set a briefing schedule #105 before Honorable Elaine E. Bucklo on 4/20/2018 at 09:30 AM. (Padden, Michael) |
| Filing 105 MOTION by Plaintiff Freeman Equipment, Inc. to set a briefing schedule for Defendant's Motion for Leave to Amend Its Final Invalidity Contentions (Padden, Michael) |
| Filing 104 NOTICE of Motion by William Elliott Ridgway for presentment of motion for leave to file #102 before Honorable Elaine E. Bucklo on 4/20/2018 at 09:30 AM. (Ridgway, William) |
| Filing 103 APPENDIX In Support Of Caterpillar Inc.'s Motion For Leave To Amend Its Final Invalidity Contentions re motion for leave to file #102 (Ridgway, William) |
| Filing 102 MOTION by Defendant Caterpillar, Inc. for leave to file Amended Final Invalidity Contentions (Ridgway, William) |
| Filing 101 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14305581. (Klett, Donna ) |
| Filing 100 Joint Claim Construction Chart and Status Report by Caterpillar, Inc. (Ridgway, William) |
| Filing 99 MINUTE entry before the Honorable Elaine E. Bucklo: Parties joint motion to extend discovery #97 is granted. Fact Discovery is extended and ordered closed by 5/1/2018. Status hearing set for 5/14/2018 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 98 NOTICE of Motion by William Elliott Ridgway for presentment of motion for extension of time to complete discovery #97 before Honorable Elaine E. Bucklo on 3/30/2018 at 09:30 AM. (Ridgway, William) |
| Filing 97 MOTION by Defendant Caterpillar, Inc. for extension of time to complete discovery (JOINT) (Ridgway, William) |
| Filing 96 APPENDIX In Support Of Caterpillar Inc.'s Reply Claim Construction Brief re other #95 (Ridgway, William) |
| Filing 95 Reply Claim Construction Brief by Caterpillar, Inc. (Ridgway, William) |
| Filing 94 MINUTE entry before the Honorable M. David Weisman: Magistrate Judge Status hearing held. Parties reported that they are proceeding with discovery and may be interested in another settlement conference at some point in the future. All matters relating to the referral of this matter having been resolved, this case is returned to the District Judge. The Court thanks counsel for their respective efforts at attempting to resolve this matter. Referral terminated. Mailed notice (ao,) |
| Filing 93 MINUTE entry before the Honorable Elaine E. Bucklo: In addition to minute entry document #88 , and per motion to withdraw #82 Counsel, Gregory J. Commins Jr., John M. Touhy, and David M. Friebus are terminated. Mailed notice. (mgh, ) |
| Filing 92 MINUTE entry before the Honorable M. David Weisman: Settlement conference held. All parties appeared. Settlement was not reached, but counsel is encouraged to continue exchange of information to further the settlement process. Status hearing set for 3/23/18 at 9:00 a.m. to discuss whether a further settlement conference would be productive. Any counsel so wishing may appear by phone at the next hearing. The call-in number for the hearing is 1-877-411-9748 and the passcode is 1814539. Mailed notice (ao,) |
| Filing 91 DECLARATION of RICHARD A. SHARPE regarding appendix #90 In Support Of Plaintiff's Response to Defendant's Opening Claim Construction Brief (Padden, Michael) |
| Filing 90 APPENDIX Response #89 In Support Of Plaintiff's Response to Defendant's Opening Claim Construction Brief (Padden, Michael) |
| Filing 89 RESPONSE by Plaintiff Freeman Equipment, Inc. to other #85 Defendant's Opening Claim Construction Brief (Padden, Michael) |
| Filing 88 MINUTE entry before the Honorable Elaine E. Bucklo: Motion to withdraw Shawnna M. Yashar as counsel for Defendant Caterpillar, Inc. #82 is granted. No appearance is required on 2/22/2018. Counsel, Shawnna M. Yashar is terminated. Mailed notice. (mgh, ) |
| Filing 87 DECLARATION of William E. Ridgway In Support Of Defendant's Appendix In Support Of Defendant Caterpillar Inc.'s Opening Claim Construction Brief #86 (Ridgway, William) |
| Filing 86 APPENDIX In Support Of Defendant Caterpillar Inc.'s Opening Claim Construction Brief re other #85 (Ridgway, William) |
| Filing 85 Opening Claim Construction Brief by Caterpillar, Inc. (Ridgway, William) |
| Filing 84 APPENDIX (Joint) Regarding Patents At Issue (Ridgway, William) |
| Filing 83 NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to withdraw as attorney #82 before Honorable Elaine E. Bucklo on 2/22/2018 at 09:30 AM. (Yashar, Shawnna) |
| Filing 82 MOTION by Attorney Shawnna M. Yashar to withdraw as attorney for Caterpillar, Inc.. No party information provided (Yashar, Shawnna) |
| Filing 81 MINUTE entry before the Honorable Elaine E. Bucklo: Application to appear pro hac vice of Andrew Gish #73 , Marti Johnson #74 , Paramjeet Sammi #75 , and Douglas Nemec #76 as counsel for Defendant Caterpillar, Inc. are granted. Mailed notice. (mgh, ) |
| Filing 80 MINUTE entry before the Honorable Elaine E. Bucklo: Parties joint motion for leave to present additional claim terms for construction by the court pursuant to L.P.R. 41(b) #78 is granted. No appearance required on 2/5/2018. Mailed notice. (mgh, ) |
| Filing 79 NOTICE of Motion by Michael P. Padden for presentment of motion for leave to file #78 before Honorable Elaine E. Bucklo on 2/5/2018 at 09:30 AM. (Padden, Michael) |
| Filing 78 MOTION by Plaintiff Freeman Equipment, Inc. for leave to file ADDITIONAL CLAIM TERMS FOR CONSTRUCTION BY THE COURT (JOINT MOTION) (Padden, Michael) |
| Filing 77 MINUTE entry before the Honorable M. David Weisman: At the parties' request and to allow defense counsel additional time to prepare for the settlement conference, the settlement conference currently set for 2/6/18 is stricken, and re-set to 3/13/18 at 10:30 a.m. Plaintiff's settlement letter shall be delivered to Defendant, with a copy delivered to the Court, in chambers, on or before 2/27/18. Defendant's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court, in chambers, on or before 3/6/18. The parties can submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. However, please note that settlement letters are not to be filed on the CM-ECF system. Parties have no objections to the court having ex parte discussions with counsel in advance of the settlement conference if the court believes such conversations would be warranted. The court looks forward to meeting with parties at the upcoming settlement conference. Mailed notice (ao,) |
| Filing 76 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14017473. (Nemec, Douglas) |
| Filing 75 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14017344. (Sammi, Paramjeet) |
| Filing 74 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14017303. (Johnson, Marti) |
| Filing 73 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14017256. (Gish, Andrew) |
| Filing 72 ATTORNEY Appearance for Defendant Caterpillar, Inc. by William Elliott Ridgway (Ridgway, William) |
| Filing 71 MINUTE entry before the Honorable M. David Weisman: At the parties request, the status hearing set for 1/9/18 is stricken. The parties have confirmed a settlement conference for 2/6/18 at 10:30 a.m. Plaintiff's settlement letter shall be delivered to Defendant, with a copy delivered to the Court, in chambers, on or before 1/23/18. Defendant's settlement letter shall be delivered to Plaintiff, with a copy delivered to the Court, in chambers, on or before 1/30/18. The parties can submit their respective documents by email to Proposed_Order_Weisman@ilnd.uscourts.gov. However, please note that settlement letters are not to be filed on the CM-ECF system. Parties have no objections to the court having ex parte discussions with counsel in advance of the settlement conference if the court believes such conversations would be warranted. The court looks forward to meeting with parties at the upcoming settlement conference. Mailed notice (ao,) |
| Filing 70 MINUTE entry before the Honorable Elaine E. Bucklo: The Court adopts parties pre-claim construction schedule as follows: Parties Exchange Claim Terms for Construction (LPR 4.1a) to be completed by 1/5/2018. Parties Meet to Agree Upon Claim Terms to be Presented for Construction (LPR 4.1b) by 1/19/2018. Depositions may commence on 1/15/2018. Caterpillar's Opening Claim Construction Brief (LPR 4.2a) due 2/9/2018. Parties File Joint Appendix (LPR 4.2b) due 2/9/2018. Freeman's Response to Claim Construction Brief (LPR 4.2c) due 3/9/2018. Caterpillar's Reply Claim Construction Brief (LPR 4.2d)due 3/23/2018. Joint Claim Construction Chart (LPR 4.2f) due 3/30/2018. Close of Fact Discoveryto be completed by 4/16/2018. Mailed notice. (mgh, ) |
| Filing 69 MINUTE entry before the Honorable M. David Weisman: This case has been referred to Magistrate Judge Weisman to conduct a settlement conference and discuss general issues related to settlement. Status hearing set for 1/9/18 at 9:15 a.m. Prior to the status hearing, the Court respectfully requests that counsel consult the Court's standing order on settlement conferences and related materials in advance of the status hearing. Judge Weisman generally conducts settlement conferences Tuesdays, Wednesdays, Thursdays, and Fridays at either 10:30 a.m. to 12:30 p.m. or 2:00 p.m. to 4:00 p.m. Other dates and times may be available as required by the Court or the parties. The Court specifically requests that counsel have available dates for all necessary parties in advance of the status hearing, and to the extent possible, consult with opposing counsel in an attempt to identify mutually convenient and feasible dates for the settlement conference. Status hearing set for 1/9/2018 at 09:15 AM.Mailed notice (ao, ) |
| Filing 68 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable M. David Weisman for the purpose of holding proceedings related to: Settlement Conference. (mgh, ) Mailed notice. |
| Filing 67 MINUTE entry before the Honorable Elaine E. Bucklo: Status hearing held on 12/15/2017 and continued to 4/16/2018 at 9:30 a.m. This case is referred to Magistrate Judge Weisman for a settlement conference. Mailed notice. (mgh, ) |
| Filing 66 MINUTE entry before the Honorable Elaine E. Bucklo: Motion hearing held on 12/8/2017. Plaintiff's motion to lift stay #64 is granted. Stay is lifted. Mailed notice. (mgh, ) |
| Filing 65 NOTICE of Motion by Michael P. Padden for presentment of motion for miscellaneous relief #64 before Honorable Elaine E. Bucklo on 12/8/2017 at 09:30 AM. (Padden, Michael) |
| Filing 64 MOTION by Plaintiff Freeman Equipment, Inc.lift stay (Padden, Michael) |
| Filing 63 MINUTE entry before the Honorable Elaine E. Bucklo: Parties' Joint Motion to Extend the Stay of the Litigation #61 is granted. This case is stayed until 1/2/2018. Status hearing previously set for 10/27/2017 is reset for 12/15/2017 at 9:30 a.m. No appearance required on 10/23/2017. Mailed notice. (mgh, ) |
| Filing 62 NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to stay #61 before Honorable Elaine E. Bucklo on 10/23/2017 at 09:30 AM. (Yashar, Shawnna) |
| Filing 61 MOTION by Defendant Caterpillar, Inc. to stay Parties' Joint Motion to Extend the Stay of the Litigation (Yashar, Shawnna) |
| Filing 60 MINUTE entry before the Honorable Elaine E. Bucklo: Parties corrected joint motion to stay the litigation #59 is granted. This case is stayed until 10/23/2017. Parties joint motion to stay the litigation #57 is moot. No appearance required on 9/7/2017. Status hearing is set for 10/27/2017 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 59 MOTION by Defendant Caterpillar, Inc. to stay regarding MOTION by Defendant Caterpillar, Inc. to stay Parties Joint Motion to Stay the Litigation #57 Parties Corrected Joint Motion to Stay the Litigation (Yashar, Shawnna) |
| Filing 58 NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to stay #57 before Honorable Elaine E. Bucklo on 9/7/2017 at 09:30 AM. (Yashar, Shawnna) |
| Filing 57 MOTION by Defendant Caterpillar, Inc. to stay Parties Joint Motion to Stay the Litigation (Yashar, Shawnna) |
| Filing 56 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion to set date for Caterpillar to produce documents from custodial searches #53 is moot. No appearance required on 6/12/2017. Mailed notice. (mgh, ) |
| Filing 55 Joint Notice of Parties' Agreement Mooting Plaintiff Freeman Equipment Inc.'s Motion to Set Date for Caterpillar to Produce Documents From Custodial Searches by Caterpillar, Inc. (Commins, Gregory) |
| Filing 54 NOTICE of Motion by Michael P. Padden for presentment of motion to compel, #53 before Honorable Elaine E. Bucklo on 6/12/2017 at 09:30 AM. (Padden, Michael) |
| Filing 53 MOTION by Plaintiff Freeman Equipment, Inc. to Set Date for Caterpillar to Produce Documents from Custodial Searches. (Attachments: #1 Exhibit Current Discovery Schedule, #2 Exhibit 2017-05-09 Email from MPadden to SYashar, #3 Exhibit 2017-05-17 Email from MPadden with Proposed Fact Discovery Timetable, #4 Exhibit 2017-06-05 Email Chain)(Padden, Michael) (Docket Text Modified on 6/8/2017 by Clerk's Office) (eaa, ). |
| Filing 52 NOTICE of Correction regarding document number #51 . (dl, ) |
| Filing 51 MINUTE entry before the Honorable Elaine E. Bucklo: The amended discovery schedule as outlined in docket entry #41 in Exhibit 9, attached hereto, to stand. Fact Discovery ordered closed by 10/13/2017. Status hearing set for 7/13/2017 is stricken and reset for 10/13/2017 at 9:30 a.m. Mailed notice. (Attachments: #1 Exhibit) (mgh, ) (Main Document 51 replaced on 5/15/2017) (dl, ). |
| Filing 50 MINUTE entry before the Honorable Elaine E. Bucklo: Defendant Caterpillar Inc.'s Motion to Amend Discovery Schedule #46 is denied. No appearance required on 5/3/2017. Mailed notice. (mgh, ) |
| Filing 49 RESPONSE by Freeman Equipment, Inc.in Opposition to MOTION by Defendant Caterpillar, Inc. to amend/correct Defendant Caterpillar Inc.'s Motion to Amend Discovery Schedule #46 (Attachments: #1 Exhibit Amended Discovery Schedule per NDIL Local Patent Rules)(Padden, Michael) |
| Filing 48 AMENDED NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to amend/correct #46 before Honorable Elaine E. Bucklo on 5/3/2017 at 09:30 AM. (Yashar, Shawnna) (Docket Text Modified on 4/27/2017 by Clerk's Office) (eaa, ). |
| Filing 47 NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to amend/correct #46 before Honorable Elaine E. Bucklo on 5/1/2017 at 09:30 AM. (Yashar, Shawnna) |
| Filing 46 MOTION by Defendant Caterpillar, Inc. to amend/correct Defendant Caterpillar Inc.'s Motion to Amend Discovery Schedule (Yashar, Shawnna) |
| Filing 45 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's Motion to Amend Discovery Schedule #41 is granted. Fact Discovery ordered closed by 7/13/2017. Status hearing set for 7/13/2017 at 9:30 a.m. No appearance required on 4/27/2017. Mailed notice. (mgh, ) |
| Filing 44 MINUTE entry before the Honorable Elaine E. Bucklo:Ruling on plaintiff Freeman Equipment, Inc.'s motion to amend/correct Discovery Schedule #41 is set before Honorable Elaine E. Bucklo on 4/27/2017 at 09:30 AM. Motion is stricken from the Court's call of 4/19/2017.Mailed notice (mad, ) |
| Filing 43 RESPONSE by Caterpillar, Inc.in Opposition to MOTION by Plaintiff Freeman Equipment, Inc. to amend/correct Discovery Schedule #41 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Yashar, Shawnna) |
| Filing 42 NOTICE of Motion by Michael P. Padden for presentment of motion to amend/correct,, #41 before Honorable Elaine E. Bucklo on 4/19/2017 at 09:30 AM. (Padden, Michael) |
| Filing 41 MOTION by Plaintiff Freeman Equipment, Inc. to amend/correct Discovery Schedule (Attachments: #1 Exhibit Current Discovery Schedule, Dkt No. 18-01, #2 Exhibit 2016-11-08 - email from Michael Padden, #3 Exhibit 2017-03-24 - email from Neimeier, #4 Exhibit 2017-03-31 - Freeman service of Revised Initial Infringement Contentions, #5 Exhibit 2017-04-05 - email from Niemeier, #6 Exhibit 2017-04-07 - email from Padden to Yashar with Caterpillar proposed discovery schedule, #7 Exhibit 2017-04-06 - email from Shawnna Yashar, #8 Exhibit 2017-03-29 - email from Padden to Yashar, #9 Exhibit Freeman Proposed Amendments to Discovery Schedule)(Padden, Michael) |
| Filing 40 MEMORANDUM Opinion and Order Signed by the Honorable Elaine E. Bucklo on 3/13/2017. Mailed notice. (mgh, ) |
| Filing 39 MINUTE entry before the Honorable Elaine E. Bucklo: Defendant's Motion to Disqualify Counsel #28 is denied. Enter Memorandum Opinion and Order. No appearance required on 3/15/2017. Mailed notice. (mgh, ) |
| Filing 38 REPLY by Caterpillar, Inc. to MOTION by Defendant Caterpillar, Inc. to disqualify counsel #28 (Yashar, Shawnna) |
| Filing 37 MINUTE entry before the Honorable Elaine E. Bucklo: Ruling on Defendant's Motion for Disqualification #28 set for 3/10/2017 is reset to 3/15/2017 at 9:30 a.m. Mailed notice. (mgh, ) |
| Filing 36 RESPONSE by Freeman Equipment, Inc.in Opposition to MOTION by Defendant Caterpillar, Inc. to disqualify counsel #28 (Attachments: #1 Exhibit Opposition Ex 1, #2 Exhibit Opposition Ex 2, #3 Declaration Padden Declaration, #4 Exhibit Ex A to Padden Dec, #5 Exhibit Ex B to Padden Dec, #6 Exhibit Ex C to Padden Dec, #7 Exhibit Ex D to Padden Dec, #8 Exhibit Ex E to Padden Dec, #9 Exhibit Ex F to Padden Dec)(Sharpe, Richard) |
| Filing 35 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's Motion for Expedited Briefing Schedule #32 is granted. The Court sets the following expedited briefing schedule on Defendant's Motion for Disqualification #28 as follows: Plaintiff to respond by 3/3/2017. Defendant to respond by 3/8/2017. Ruling before Honorable Elaine E. Bucklo on 3/10/2017 at 9:30 a.m. to stand. No appearance required on 3/1/2017. Mailed notice. (mgh, ) |
| Filing 34 RESPONSE by Caterpillar, Inc.in Opposition to MOTION by Plaintiff Freeman Equipment, Inc. to expedite Briefing Schedule #32 (Yashar, Shawnna) |
| Filing 33 NOTICE of Motion by Michael P. Padden for presentment of motion to expedite #32 before Honorable Elaine E. Bucklo on 3/1/2017 at 09:30 AM. (Padden, Michael) |
| Filing 32 MOTION by Plaintiff Freeman Equipment, Inc. to expedite Briefing Schedule (Padden, Michael) |
| Filing 31 Amended Notice of Motion NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to disqualify counsel #28 before Honorable Elaine E. Bucklo on 3/10/2017 at 09:30 AM. (Yashar, Shawnna) |
| Filing 30 NOTICE of Motion by Shawnna Marie Yashar for presentment of motion to disqualify counsel #28 before Honorable Elaine E. Bucklo on 3/8/2017 at 09:30 AM. (Yashar, Shawnna) |
| Filing 29 MEMORANDUM by Caterpillar, Inc. in support of motion to disqualify counsel #28 (Attachments: #1 Declaration Perry, #2 Declaration Yashar, #3 Yashar Decl. Ex. 1, #4 Yashar Decl. Ex. 2, #5 Yashar Decl. Ex. 3, #6 Yashar Decl. Ex. 4, #7 Yashar Decl. Ex. 5, #8 Yashar Decl. Ex. 6, #9 Yashar Decl. Ex. 7, #10 Yashar Decl. Ex. 8, #11 Yashar Decl. Ex. 9, #12 Yashar Decl. Ex. 10, #13 Yashar Decl. Ex. 11)(Yashar, Shawnna) |
| Filing 28 MOTION by Defendant Caterpillar, Inc. to disqualify counsel (Yashar, Shawnna) |
| Filing 27 MINUTE entry before the Honorable Elaine E. Bucklo: Plaintiff's motion to compel discovery #21 is granted. Defendant shall produce a complete list of all final drive guard products that it has made or sold during the past six years, together with engineering drawings showing their structure. No appearance required on 1/26/2017. Mailed notice. (mgh, ) |
| Filing 26 MINUTE entry before the Honorable Elaine E. Bucklo: Ruling on motion to compel #21 is reset to 1/26/2017 at 09:30 AM. No appearance required on 1/18/2017. Mailed notice (reg) |
| Filing 25 RESPONSE by Freeman Equipment, Inc.in Support of MOTION by Plaintiff Freeman Equipment, Inc. to compel Discovery #21 (Attachments: #1 Exhibit D6T WH brochure, #2 Exhibit D7E WH product manual, #3 Exhibit D8T WH brochure, #4 Exhibit D8T WH key features & benefits)(Padden, Michael) |
| Filing 24 MEMORANDUM by Caterpillar, Inc. in Opposition to motion to compel,, #21 (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Commins, Gregory) |
| Filing 23 MINUTE entry before the Honorable Elaine E. Bucklo: The Court sets the following briefing schedule on Plaintiff's motion to compel #21 as follows: Defendant to respond by 1/4/2017. Plaintiff to reply by 1/11/2017. Ruling before Honorable Elaine E. Bucklo on 1/18/2017 at 9:30 a.m. No appearance is required on 12/16/2016. Mailed notice. (mgh, ) |
| Filing 22 NOTICE of Motion by Michael P. Padden for presentment of motion to compel,, #21 before Honorable Elaine E. Bucklo on 12/16/2016 at 09:30 AM. (Padden, Michael) |
| Filing 21 MOTION by Plaintiff Freeman Equipment, Inc. to compel Discovery (Attachments: #1 Exhibit Dfts 1st Supplemental Response to Plts 1st interrogatories, Interrogatory 1, #2 Exhibit Dfts Response and Supplemental Responses to Request for Production of Documents 2-6, #3 Exhibit 2016-11-08 email re Discovery priority, #4 Exhibit 2016-12-06 email re Discovery priority, #5 Exhibit 2016-12-09 email re Discovery priority, #6 Exhibit NDIL Local Patent Rules Preamble Highlighted, #7 Exhibit Micro Enhanced Technology, Inc. v. Videx, Inc., No. 1-11-CV-05506 unreported (June 28, 2013), #8 Exhibit Plaintiff's Initial Infringement Contentions)(Padden, Michael) |
| Filing 20 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference held on 11/16/2016. The Court adopts the report of parties planning meeting as outlined in docket entry #18 in Exhibit 1 attached hereto. Status hearing set for 5/16/2017 at 9:30 a.m. Mailed notice. (Attachments: #1 Attachment) (mgh, ) |
| Filing 19 MINUTE entry before the Honorable Elaine E. Bucklo: The time for the Scheduling Conference set for 11/16/2016 is reset to 9:30 AM. Mailed notice (jdh) |
| Filing 18 REPORT of Rule 26(f) Planning Meeting (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Padden, Michael) |
| Filing 17 ANSWER to Complaint Counterclaim by Freeman Equipment, Inc.(Padden, Michael) |
| Filing 16 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling Conference previously set for 11/10/2016 is reset to 11/16/2016 at 9:00 a.m. Rule 26(f) planning report due 11/14/2016. Mailed notice. (mgh, ) |
| Filing 15 ATTORNEY Appearance for Counter Claimant Caterpillar, Inc., Defendant Caterpillar, Inc. by Gregory J Commins, Jr (Commins, Gregory) |
| Filing 14 ATTORNEY Appearance for Counter Claimant Caterpillar, Inc., Defendant Caterpillar, Inc. by Shawnna Marie Yashar (Yashar, Shawnna) |
| Filing 13 MINUTE entry before the Honorable Elaine E. Bucklo: Applications of Richard A. Sharpe and Steven J. Solomon to appear pro hac vice #7 #8 are granted. Mailed notice (reg) |
| Filing 12 MINUTE entry before the Honorable Elaine E. Bucklo: Scheduling conference set for 11/10/2016 at 09:00 AM. Rule 26(f) planning report due 11/8/2016. (The form of the report can be found on Judge Bucklo's page at www.ilnd.uscourts.gov.) Mailed notice (reg) |
| Filing 11 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Caterpillar, Inc. (Touhy, John) |
| Filing 10 ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Caterpillar, Inc. against Freeman Equipment, Inc. . by Caterpillar, Inc.(Touhy, John) |
| Filing 9 ATTORNEY Appearance for Defendant Caterpillar, Inc. by David Michael Friebus (Friebus, David) |
| Filing 8 ATTORNEY Appearance for Defendant Caterpillar, Inc. by John Michael Touhy (Touhy, John) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12404552. Steven J. Solomon (Padden, Michael) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-12404523. Richard A. Sharpe (Padden, Michael) |
| Filing 5 MAILED patent report to Patent Trademark Office, Alexandria VA (mc, ) |
| Filing 4 MOTION by Plaintiff Freeman Equipment, Inc. for disclosure Rule 7.1 statement (Padden, Michael) Modified on 9/26/2016 (mc, ). |
| Filing 3 ATTORNEY Appearance for Plaintiff Freeman Equipment, Inc. by Michael P. Padden (Padden, Michael) |
| Filing 2 CIVIL Cover Sheet (Padden, Michael) |
| Filing 1 COMPLAINT filed by Freeman Equipment, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-12396428. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K)(Padden, Michael) |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable M. David Weisman. (jn, ) |
| SUMMONS Issued as to Defendant Caterpillar, Inc. (jh, ) |
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