NERDS ON CALL, INC. v. INTERNET BILLING SERVICES, INC. et al Featured Case
Plaintiff: NERDS ON CALL, INC.
Defendant: INTERNET BILLING SERVICES, INC. and RYAN ELDRIDGE
Case Number: 1:2007cv00535
Filed: April 27, 2007
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
County: Hamilton
Presiding Judge: Tim A. Baker
Presiding Judge: David Frank Hamilton
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. ยง 1114 Trademark Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 9, 2009 Filing 74 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Exhibit 1-Complaint, # 2 Exhibit B - Final Judgment) (LBK)
March 2, 2009 Filing 73 FINAL JUDGMENT. The action is dismissed, without prejudice, all parties to bear their own costs. Signed by Judge David Frank Hamilton on 3/2/2009.(LBK)
February 9, 2009 Filing 72 MARGINAL ENTRY granting 71 Joint Motion to Request Publication. Signed by Judge David Frank Hamilton on 2/9/2009. (LBK)
February 2, 2009 Filing 71 Joint MOTION to Request Publication, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel)
December 22, 2008 Opinion or Order Filing 70 ORDER granting 52 Defendants' Motion for Reconsideration. Rather than dismiss the entire suit, only the complaint is dismissed without prejudice. Nerds/Indiana may file an amended complaint no later than 1/22/09 if it believes it can plead a claim that would allow the court to exercise jurisdiction over defendants. If no amended complaint is filed, the court will enter a judgment dismissing the action without prejudice. Signed by Judge David Frank Hamilton on 12/22/2008. (LBK)
December 19, 2008 Opinion or Order Filing 69 ORDER granting parties' 66 Joint Motion to Amend CMP. Dispositive motions due by 5/27/2009 (See Order for other established deadlines). Signed by Magistrate Judge Tim A. Baker on 12/19/08. (SWM)
December 19, 2008 Filing 68 BRIEF/MEMORANDUM in Support re 67 MOTION to convert pending Motion to Dismiss into a Motion for Summary Judgment, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Exhibit A - Undisputed Facts)(Ballard, Daniel)
December 19, 2008 Filing 67 MOTION to convert pending Motion to Dismiss into a Motion for Summary Judgment, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Ballard, Daniel)
December 18, 2008 Filing 66 Joint MOTION to Amend/Correct 56 Order: Case ManagementScheduling Order, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Ballard, Daniel)
August 21, 2008 Filing 65 REPLY in Support of Motion re 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel)
August 18, 2008 Filing 64 RESPONSE in Opposition re 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Minch, Theodore)
August 12, 2008 Filing 63 NOTICE of Change of Address by Daniel N. Ballard (Ballard, Daniel)
August 12, 2008 Opinion or Order Filing 62 ORDER granting 61 Motion for Extension of Time to File Response to Motion to Dismiss and 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction. Responses due by 8/12/2008. Signed by Judge David Frank Hamilton on 8/12/08. (LBK)
August 11, 2008 Filing 61 First MOTION for Extension of Time to 08-18-08 to file response to 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Attachments: # 1 Text of Proposed Order on Plaintiffs Request for Extension of Time to Respond to Motion to Reconsider)(Minch, Theodore)
July 31, 2008 Filing 60 Witness List (Preliminary), filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Minch, Theodore)
July 25, 2008 Filing 59 ENTRY - The court has reviewed defendants' motion to reconsider and is giving it serious consideration. The court will extend to 08/11/2008 the time for plaintiff to file a response, if it wishes to do so. Signed by Judge David Frank Hamilton on 07/25/2008.(CEB)
July 7, 2008 Opinion or Order Filing 58 SCHEDULING ORDER: Final Pretrial Conference set for 11/19/2009 10:00 AM in room #330 before Judge David Frank Hamilton. Jury Trial set for 12/7/2009 09:00 AM in room #344 before Judge David Frank Hamilton. Signed by Judge David Frank Hamilton on 07/07/2008.(LBK)
July 7, 2008 Filing 57 PRACTICES AND PROCEDURES for Chief Judge David F. Hamilton. (LBK)
July 2, 2008 Opinion or Order Filing 56 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. SCHEDULING ORDER. Dispositive motions due by 2/27/2009. Signed by Magistrate Judge Tim A. Baker on 7/2/08.(SWM)
July 1, 2008 Filing 55 CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE, Counter Defendant NERDS ON CALL, INC (INDIANA), Plaintiff NERDS ON CALL, INC (INDIANA), Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Supplement Magistrate Summary Page to CMP)(Minch, Theodore)
June 26, 2008 Opinion or Order Filing 54 ORDER on 6/24/08 Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. The parties shall file a proposed CMP by 7/7/08. Signed by Magistrate Judge Tim A. Baker on 6/26/08.(SWM)
June 24, 2008 Filing 53 BRIEF/MEMORANDUM in Support re 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel)
June 24, 2008 Filing 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel)
June 9, 2008 Opinion or Order Filing 51 SCHEDULING ORDER: Pretrial Conference set for 6/24/2008 01:30 PM in room #234 before Magistrate Judge Tim A. Baker. The purpose of this conference is to address settlement and case management issues in light of the Court's ruling on Defendants' Motion to Dismiss. Signed by Magistrate Judge Tim A. Baker on 6/9/08.(MAC)
June 9, 2008 Opinion or Order Filing 50 ORDER granting 48 Motion to Appear pro hac vice. Attorney Daniel N. Ballard for NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE, NERDS ON CALL, INC (CALIFORNIA) and RYAN ELDRIDGE added cm. Signed by Magistrate Judge Tim A. Baker on 6/9/08. (MAC)
June 5, 2008 Filing 49 RECEIPT #IP007467 in the amount of $ 30.00 - atty Ballard's pro hac vice filing fee. (LSC)
May 30, 2008 Filing 48 MOTION to Appear pro hac vice of Daniel N. Ballard, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan)
May 27, 2008 Filing 47 ENTRY denying defts' 15 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge David Frank Hamilton on 5/27/2008. (LSC)
April 24, 2008 Filing 46 STIPULATION to File Amended Answer under Rule 15(a)(2), re 45 Amended Answer to Complaint, filed by Plaintiff NERDS ON CALL, INC., Defendants NERDS ON CALL, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Minch, Theodore) Modified on 4/25/2008 (LSC).
April 24, 2008 Filing 45 AMENDED 44 ANSWER to Counterclaim , filed by Plaintiff NERDS ON CALL, INC. (Minch, Theodore) Modified on 4/25/2008 (LSC).
February 6, 2008 Filing 44 ANSWER to Counterclaims, filed by pltfs NERDS ON CALL, INC.(Minch, Theodore) Modified on 4/25/2008 (LSC).
February 5, 2008 Opinion or Order Filing 43 ORDER granting 42 Stipulation of Substitution of Party, filed by INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. Nerds on Call, Inc., a corporation duly organized and existing under the laws of the State of California shall be substituted for Defendant Internet Billing Services, Inc., and, as such, Nerds on Call, Inc. (California) shall hereafter be a named co-Defendant in this Case. Signed by Judge David Frank Hamilton on 2/5/2008.(LSC)
February 4, 2008 Filing 42 STIPULATION of Substitution of Party Under Fed. Rule 15(C), filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan)
January 29, 2008 Filing 41 REPLY in Support of Motion re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan)
January 23, 2008 Opinion or Order Filing 40 ORDER granting defts' 39 Motion for Extension of Time to File response to pltf's response in opposition to defts' motion to dismiss to 1/25/08. Signed by Magistrate Judge Tim A. Baker on 1/23/08. (SWM)
January 18, 2008 Filing 39 Unopposed MOTION for Extension of Time to file Reply in Support to 15 Motion to Dismiss to January 25, 2008, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) Modified on 1/22/2008 (LSC).
January 15, 2008 Opinion or Order Filing 38 ORDER granting pltf's 36 Motion for Extension of Time to File response to defts' counterclaims to 2/7/08. Signed by Magistrate Judge Tim A. Baker on 1/15/08. (SWM)
January 10, 2008 Opinion or Order Filing 37 ORDER granting pltf's 33 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 1/4/2008. Signed by Magistrate Judge Tim A. Baker on 1/10/08. (SWM)
January 8, 2008 Filing 36 Unopposed MOTION for Extension of Time to February 7, 2008 in which to 32 Answer Defendants' Counterclaims, filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Text of Proposed Order Order (proposed) on Plaintiff's Unopposed Request for Extension of Time to Reply to Counterclaims)(Minch, Theodore)
January 4, 2008 Filing 35 RESPONSE in Opposition re Defendants 15 Motion to Dismiss, filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # (1) Exhibit A, Declaration of Theodore J. Minch, # (2) Exhibit B, Declaration of Kevin Bouchonnet, # (3) Text of Proposed Order (Minch, Theodore) Modified on 1/7/2008 (LSC).
December 28, 2007 Filing 34 RESPONSE in Opposition to Plaintiff's 33 MOTION for Extension of Time to January 4, 2008 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan) Modified on 1/2/2008 (LSC).
December 21, 2007 Filing 33 MOTION for Extension of Time to January 4, 2008 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Exhibit Exhibit A, Plaintiff's Letter of December 14, 2007, # 2 Exhibit Exhibit B, Defendants' Letter of December 19, 2007, # 3 Text of Proposed Order Order (proposed) on Plaintiff's Verified Opposed Request for Extension of Time in which to Respond to Defendants' Motion to Dismiss)(Minch, Theodore)
December 19, 2007 Filing 32 ANSWER and Counterclaims, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan)
December 18, 2007 Opinion or Order Filing 31 ORDER on 12/12/07 Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. Pltf shall respond to the pending motion to dismiss by 12/21/07. Signed by Magistrate Judge Tim A. Baker on 12/18/07.(SWM)
December 4, 2007 Opinion or Order Filing 30 ORDER on 11/29/07 Initial Pretrial Conference. Parties appeared by counsel. The CMP 29 is denied. The deft shall serve a settlement response by 12/7/07, with a copy to the Magistrate Judge. SCHEDULING ORDER:( Status Conference set for 12/12/2007 04:00 PM in Telephonic before Magistrate Judge Tim A. Baker.) The purpose of this conference is to address settlement. The deadline to respond to the pending motion to dismiss is stayed pending the 12/12/07 telephonic status conference. Signed by Magistrate Judge Tim A. Baker on 12/4/07.(SWM)
November 16, 2007 Filing 29 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore)
November 16, 2007 Opinion or Order Filing 28 ORDER granting pltf's 26 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 12/12/2007. Signed by Judge Tim A. Baker on 11/16/07. (SWM)
November 14, 2007 Opinion or Order Filing 27 ORDER granting pltf's 24 Motion for Continuance of Initial Pretrial Conference currently set for 11/20/2007. SCHEDULING ORDER: Initial Pretrial Conference RESET for 11/29/2007 03:00 PM in room #234 before Magistrate Judge Tim A. Baker. Signed by Judge Tim A. Baker on 11/14/07. (SWM)
November 14, 2007 Filing 26 Second MOTION for Extension of Time to December 12, 2007 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Text of Proposed Order on Plaintiff's Second Request for Extension of Time)(Minch, Theodore)
November 13, 2007 Filing 25 Submission of Proposed Order on Agreed Motion to Continue Initial Pre-trial Conference, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore)
November 9, 2007 Filing 24 Consent MOTION for Continuance of Initial Pre-Trial Conference, filed by Plaintiff NERDS ON CALL, INC.., (Attachments: # 1 Text of Proposed Order on Plaintiff's Motion to Continue Initial Pre-Trial Conference)(Minch, Theodore)
November 1, 2007 Opinion or Order Filing 23 ORDER granting pltf's 21 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 11/13/2007. Signed by Judge Tim A. Baker on 11/1/07. (SWM)
October 31, 2007 Filing 22 Submission of Proposed Order on Plaintiff's Agreed Request for Extension of Time to Respond to Defendants' Motion to Dismiss, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore)
October 30, 2007 Filing 21 Unopposed MOTION for Extension of Time to November 13, 2007 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore)
October 24, 2007 Opinion or Order Filing 20 SCHEDULING ORDER: Initial Pretrial Conference set for 11/20/2007 01:00 PM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than seven days prior to the ptc (See Order). Signed by Judge Tim A. Baker on 10/24/07. (SWM)
October 16, 2007 Filing 18 Submission of Signature Requirement re 16 Brief/Memorandum in Support of Motion by INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan)
October 16, 2007 Filing 17 **PLEASE DISREGARD - SEE 18 FOR CORRECTED DOCUMENT** - Submission of Signature Requirement re 16 Brief/Memorandum in Support of Motion by INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan) Modified on 10/16/2007 (LSC).
October 15, 2007 Opinion or Order Filing 19 ORDER granting deft Internet Billing Services Inc's 14 Motion for Extension of Time to File response to complaint to 10/15/07. Signed by Judge Tim A. Baker on 10/15/07. (SWM)
October 15, 2007 Filing 16 BRIEF/MEMORANDUM in Support re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Declaration of Ryan Eldridge - Submission of Signature Requirement at docket no. 18 )(Polak, Jonathan) Modified on 10/16/2007 (LSC).
October 15, 2007 Filing 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE., (Polak, Jonathan)
October 10, 2007 Filing 14 Unopposed MOTION for Extension of Time to October 15, 2007 to respond to Plaintiff's Complaint, filed by Defendant INTERNET BILLING SERVICES, INC.., (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan)
September 10, 2007 Filing 13 NOTICE of Appearance by Trent J. Sandifur on behalf of Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Sandifur, Trent)
September 6, 2007 Filing 12 NOTICE of Parties' First Extension of Time, filed by Defendant RYAN ELDRIDGE. (Polak, Jonathan)
September 6, 2007 Filing 11 NOTICE of Parties' First Extension of Time, filed by Defendant INTERNET BILLING SERVICES, INC.. (Polak, Jonathan)
September 6, 2007 Filing 10 CORPORATE DISCLOSURE STATEMENT, filed by Defendant INTERNET BILLING SERVICES, INC.. (Polak, Jonathan)
September 6, 2007 Filing 9 NOTICE of Appearance by Jonathan G. Polak on behalf of Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan)
August 27, 2007 Filing 8 RETURN of Service, filed by NERDS ON CALL, INC.. RYAN ELDRIDGE served on 8/21/2007. (Minch, Theodore)
August 27, 2007 Filing 7 RETURN of Service, filed by NERDS ON CALL, INC.. INTERNET BILLING SERVICES, INC. served on 8/16/2007. (Minch, Theodore)
April 27, 2007 Filing 6 NOTICE of Appearance by Theodore John Minch on behalf of Plaintiff NERDS ON CALL, INC.. (DWH)
April 27, 2007 Filing 5 Summons Issued as to Defendants, INTERNET BILLING SERVICES, INC. and RYAN ELDRIDGE. (DWH)
April 27, 2007 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH)
April 27, 2007 Filing 3 RECEIPT #IP001117 in the amount of $ 350.00 for the filing fee (DWH)
April 27, 2007 Filing 2 CIVIL COVER SHEET, filed by Plaintiff NERDS ON CALL, INC.. (DWH)
April 27, 2007 Filing 1 COMPLAINT against all defendants, filed by Plaintiff, NERDS ON CALL, INC.. (Attachments: # 1 Letter dated November 15, 2004# 2 Letter dated January 19, 2005)(DWH)

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Plaintiff: NERDS ON CALL, INC.
Represented By: Theodore John Minch
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Defendant: INTERNET BILLING SERVICES, INC.
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Defendant: RYAN ELDRIDGE
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