AGRIGENETICS, INC. v. PIONEER HI-BRED INTERNATIONAL, INC.
Plaintiff: AGRIGENETICS, INC. doing business as MYCOGEN SEEDS
Defendant: PIONEER HI-BRED INTERNATIONAL, INC.
Counter Defendant: AGRIGENETICS, INC.
Case Number: 1:2008cv00802
Filed: June 13, 2008
Court: US District Court for the Southern District of Indiana
Office: Contract: Other Office
County: Marion
Presiding Judge: Tim A Baker
Referring Judge: Tanya Walton Pratt
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on May 16, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2012 Filing 382 Remark - RECEIPT for Exhibits by Defendant. (MAC)
May 10, 2012 Filing 381 CLERK'S ENTRY - Counsel are advised that the exhibits received in the above case are now released and may be receipted for in the Clerk's Office, Room 105, Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana, between the hours of 8:30 a.m. and 4:00 p.m. Pursuant to Local Rule 79.1, if the parties, or their attorneys, neglect to remove the exhibits, the exhibits shall be disposed of as the Court may direct. If not taken, the items will be disposed of on Friday, May 25, 2012. Signed by Laura A. Briggs/trg on 5/10/2012.(JD)
April 19, 2011 Filing 380 STIPULATION OF DISMISSAL - The above-captioned lawsuit is DISMISSED with prejudice, inclusive of all claims and counterclaims therein, and that no party shall recover costs or attorney's fees from any other party in connection with the instant action. Signed by Judge Tanya Walton Pratt on 4/19/2011.(JD)
April 18, 2011 Filing 379 STIPULATION of Dismissal with Prejudice, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
April 14, 2011 Opinion or Order Filing 378 ORDER granting Parties' #377 Joint Motion for Extension of Time to File dismissal papers to 4/18/2011. Signed by Magistrate Judge Tim A. Baker on 4/14/2011. (SWM)
April 13, 2011 Filing 377 Joint MOTION for Extension of Time to 04/18/2011 to File Dismissal Papers, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
March 15, 2011 Opinion or Order Filing 376 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Status Conference held on 3/11/2011 to address settlement. Conference concluded w/o further order. Signed by Magistrate Judge Tim A. Baker.(SWM)
March 10, 2011 Opinion or Order Filing 375 ORDER granting #374 Motion for Extension of Time to File to April 13, 2011, within which to file dismissal papers. Signed by Judge Tanya Walton Pratt on 3/10/2011. (JD)
March 9, 2011 Filing 374 Joint MOTION for Extension of Time to 04/13/2011 For Filing Dismissal Papers, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
January 11, 2011 Opinion or Order Filing 373 COURTROOM MINUTES for Jury Trial (Day 2) held before Judge Tanya Walton Pratt on January 11, 2011: Parties appear by counsel. Outside the presence of the jury, parties notify the Court that they have reached a settlement in principle and request that this case be closed administratively. Parties indicate they will file the appropriate paperwork to dismiss this case with prejudice within sixty (60) days. IT IS ORDERED, that the Clerk of Court is directed to close this case administratively. Jurors are discharged and Court is adjourned. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.)(TRG)
January 11, 2011 Filing 370 COURTROOM MINUTES for Jury Trial (Day 1) held before Judge Tanya Walton Pratt on 1/10/11: Parties appear by counsel. Court grants Pioneer's Motion for Leave to File Surreply (Dkt. No. #367 ), over the objection of Mycogen. The Court sustains Mycogen's objection to Preliminary Instruction No. 1, over the objection of Pioneer. Prospective jurors are sworn. Jury is selected, seated and sworn. Opening statements are heard. The Plaintiff begins presentation of its case in chief. The jury is admonished. Court is recessed for the day. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.)(TRG)
January 10, 2011 Filing 372 Exhibits Admitted Into Evidence During Trial. (JD)
January 10, 2011 Filing 371 Preliminary Instructions read on the record. (JD)
January 10, 2011 Opinion or Order Filing 369 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Settlement Conference held on 1/7/2011. Parties appeared in person and by counsel. Settlement discussions were held, but no settlement was reached. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker.(SWM)
January 10, 2011 Filing 368 Surreply re #361 Emergency MOTION for Reconsideration re #357 Order on Motion to Exclude Evidence, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Excerpts from Agrigenetics' Opening Statement Demonstratives)(Brenza, Lindley)
January 9, 2011 Filing 367 MOTION for Leave to File a Surrely to Agrigenetics' Emergency Motion for Reconsideration of Evidentiary Ruling, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Pioneer's Proposed Surreply to Agrigenetics' Emergency Motion for Reconsideration of Evidentiary Ruling)(Brenza, Lindley)
January 8, 2011 Filing 366 REPLY in Support of Motion re #361 Emergency MOTION for Reconsideration re #357 Order on Motion to Exclude Evidence, filed by Plaintiff AGRIGENETICS, INC.. (Staser, Aaron)
January 8, 2011 Filing 365 STIPULATION Second Amended Joint Stipulation of Facts, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
January 8, 2011 Filing 364 RESPONSE in Opposition re #361 Emergency MOTION for Reconsideration re #357 Order on Motion to Exclude Evidence, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Pioneer's First Set of Requests for Production, #2 Exhibit 2 - Agrigenetics' Responses to Pioneer's First Set of Requests for Production)(Brenza, Lindley)
January 7, 2011 Filing 363 OBJECTION to Pioneer's Counterdesignations from Depositions of Timothy Glenn, Won Hyon, and Stephan Becerra by AGRIGENETICS, INC.. (Schuster, Jennifer)
January 7, 2011 Filing 362 NOTICE of Limited Objection to Preliminary Instruction No. 1, filed by Plaintiff AGRIGENETICS, INC. (Staser, Aaron)
January 7, 2011 Filing 361 Emergency MOTION for Reconsideration re #357 Order on Motion to Exclude Evidence, filed by Plaintiff AGRIGENETICS, INC.. (Staser, Aaron)
January 7, 2011 Filing 360 NOTICE of Appearance by Donald E. Knebel on behalf of Plaintiff AGRIGENETICS, INC.. (Knebel, Donald)
January 7, 2011 Filing 359 NOTICE of Appearance by Deborah Pollack-Milgate on behalf of Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
January 7, 2011 Filing 358 ENTRY on #341 Defendant's Objections to Proposed Issue Instructions - Although the Court expressly limited its consideration to the language regarding the Courts prior ruling, Pioneer submitted briefing on three separate proposed alterations. Upon consideration the Court will implement the changes in language as note herein. The language has been incorporated into the Final Issue Instruction found attached. (**SEE ENTRY**). Signed by Judge Tanya Walton Pratt on 1/7/2011. (Attachments: #1 Final Issue Instruction)(JD)
January 7, 2011 Opinion or Order Filing 357 ORDER granting #351 Motion to Exclude Previously Undisclosed Evidence and Witnesses. The exclusion of Mr. Walker's testimony shall be determined if in fact he is offered as a rebuttal witness at trial. (**SEE ENTRY**). Signed by Judge Tanya Walton Pratt on 1/7/2011. (JD)
January 6, 2011 Filing 356 NOTICE of Pioneer's Objections to Agrigenetics' Second Amended Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., re #350 Exhibit List. (Attachments: #1 Exhibit A - Pioneer's Objections to Agrigenetics' Second Amended Exhibit List) (Brenza, Lindley)
January 6, 2011 Filing 355 OBJECTION to Pioneer's Second Supplemental Exhibit List by AGRIGENETICS, INC.. Related document: #349 Exhibit List filed by PIONEER HI-BRED INTERNATIONAL, INC..(Schuster, Jennifer)
January 6, 2011 Opinion or Order Filing 354 ENTRY on Plaintiff's Request that the Court Order Defendant to Present Defendant-Controlled Witnesses for Testimony During Plaintiff's Case. Signed by Judge Tanya Walton Pratt on 1/6/2011. (See Entry for details)(TRG)
January 6, 2011 Opinion or Order Filing 353 ORDER granting #344 Motion for Approval for the Parties to Utilize Shadow Jurors. Signed by Judge Tanya Walton Pratt on 1/6/2011. (TRG)
January 6, 2011 Filing 352 NOTICE of Mycogen's Response to Pioneer's Objections to Proposed Issue Instruction and Suggested Alternative Language, filed by Plaintiff AGRIGENETICS, INC., re #341 Notice (Other). (Staser, Aaron)
January 6, 2011 Filing 351 MOTION to Exclude Previously Undisclosed Evidence and Witnesses, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - 20101230 Schuster email to Addy, #2 Exhibit 2 - US Patent 6340593, #3 Exhibit 3 - Walker subpoena, #4 Exhibit 4 - Pioneer's 1st Set of Interrogatories)(Brenza, Lindley)
January 6, 2011 Filing 350 Exhibit List (Second Amended), filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
January 5, 2011 Filing 349 Exhibit List Pioneer's Second Supplemental Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Pioneer's Second Supplemental Exhibit List)(Brenza, Lindley)
January 5, 2011 Filing 348 STIPULATION Joint Stipulation Regarding Closed Courtroom Proceedings, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
January 5, 2011 Filing 347 Exhibit List (Amended), filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
January 5, 2011 Filing 346 NOTICE of Filing of Reply Memorandum in Support of Request that the Court Order that Pioneer Present Witnesses for Testimony during Mycogen's Case by AGRIGENETICS, INC. (Attachments: #1 Exhibit A - Judge Lawrence's Entry demonstrating that witnesses compelled to testify in adverse party's case, #2 Exhibit B - Subpoena served on Pioneer through its Registered Agent in Indiana to compel the trial testimony of its officer, Paul Schickler) (Staser, Aaron)
January 5, 2011 Filing 345 STIPULATION Amended Joint Stipulations, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Staser, Aaron)
January 5, 2011 Filing 344 MOTION FOR APPROVAL FOR THE PARTIES TO UTILIZE SHADOW JURORS, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order Regarding Use of Shadow Jurors)(Stolle, Dennis)
January 5, 2011 Opinion or Order Filing 343 SCHEDULING ORDER: Settlement Conference set for 1/7/2011 01:30 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Clients with complete authority to negotiate and communicate a settlement shall attend the settlement conference along with their counsel. Signed by Magistrate Judge Tim A. Baker on 1/5/2011.(SWM)
January 5, 2011 Filing 342 RESPONSE in Opposition to Agrigenetics Request that the Court Order Pioneer to Present Pioneer Employees for Testimony During Agrigenetics Case and Cross-Motion of Pioneer and Paul Schickler to Quash the Trial Subpoena of Paul Schickler, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - 12/21/10 Pollack Letter to Addy, #2 Exhibit 2 - 12/27/10 Pollack Letter to Addy, #3 Exhibit 3 - Kelly email to Addy, #4 Exhibit 4 - Addy email to Pollack, #5 Exhibit 5 - Pollack email to Addy, #6 Exhibit 6 - Excerpts from Pretrial Hrg Transcript 1/3/11, #7 Exhibit 7 - Square D Reply Brief, #8 Exhibit 8 - Square D Mot to Quash, #9 Exhibit 9 - Square D Scheduling Order)(Brenza, Lindley)
January 5, 2011 Filing 341 NOTICE of Objections to Proposed Issue Instruction and Suggested Alternative Language, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
January 5, 2011 Opinion or Order Filing 340 ORDER granting #339 Motion to Modify Final Pretrial Order - Parties shall file revised exhibit lists on Wednesday, January 5, 2011. On Thursday, January 6, 2011, the parties shall submit revised objections to the opposing party's revised exhibit list. Signed by Judge Tanya Walton Pratt on 1/5/2011. (JD)
January 4, 2011 Filing 339 Joint MOTION to Modify Final Pretrial Order, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brenza, Lindley)
January 4, 2011 Filing 338 NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Tanya Walton Pratt on 1-3-2011. (Pratt, Fred)
January 4, 2011 Filing 337 TRANSCRIPT of Final Pretrial Conference held on 1-3-2011, before Judge Tanya Walton Pratt. Court Reporter/Transcriber Fred Pratt, Telephone number (317) 916-8209. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 1/25/2011. Release of Transcript Restriction set for 4/4/2011. (Pratt, Fred) Released on 4/6/2011 (SWM).
January 4, 2011 Filing 336 Submission of Proposed Order Regarding Testimony of Schickler, Glenn, Hyon, and Baudler, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
January 4, 2011 Filing 335 NOTICE of Filing of Memorandum of Law in Support of Mycogen's Request that the Court Order Pioneer to Present Pioneer-Controlled Witnesses for Testimony During Mycogen's Case by AGRIGENETICS, INC. (Attachments: #1 Exhibit A: 12/27/10 letter from Deborah Pollack-Milgate, #2 Exhibit B: 12/28/10 letter from Rob Addy, #3 Exhibit C: 12/31/10 e-mail from Rob Addy) (Schuster, Jennifer)
January 4, 2011 Opinion or Order Filing 334 ENTRY and Order on Final Pretrial Conference held January 3, 2011: Parties appear by counsel. The upcoming trial of this case was discussed. The Jury Trial remains set for January 10, 2011. Jury Selection will commence at 9:00 a.m. Counsel are required to arrive at 8:00 a.m. on the first day of trial. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.)(Please see order for rulings and details.) (TRG)
January 3, 2011 Filing 333 REDACTION to #278 SEALED Reply in support of Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
January 3, 2011 Filing 332 ENTRY on Plaintiff's Motion in Limine to exclude testimony of Richard McConnell regarding the Collaboration Agreement - For the reasons set forth #294 Motion in Limine is DENIED. (**SEE ENTRY**). Signed by Judge Tanya Walton Pratt on 1/3/2011. (JD)
January 3, 2011 Opinion or Order Filing 331 ORDER granting #329 Motion to Appear pro hac vice, Attorney Nosson D. Knobloch for PIONEER HI-BRED INTERNATIONAL, INC. Signed by Judge Tanya Walton Pratt on 1/3/2011. (JD)
January 3, 2011 Filing 330 RECEIPT #IP021932 in the amount of $ 30.00 for Nosson Knobloch's Motion to Appear Pro Hac Vice. (JD)
January 3, 2011 Filing 329 MOTION for Attorney Nosson D. Knobloch to Appear pro hac vice., filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order)(JD)
December 31, 2010 Opinion or Order Filing 328 ORDER granting in part and denying in part #240 Motion in Limine. The Court GRANTS the Motion in limine with respect to evidence or argument that PROacess marketing materials and advertisements violate the 1995 Collaboration Agreement. The Court hereby DENIES Pioneer's Motion in Limine (Dkt. 240) to bar evidence or argument regarding the signing of distribution agreements. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 327 ORDER denying #238 Motion in Limine. The Motion in Limine (Dkt. No. 238) to exclude evidence or argument relating to the claim of impermissible sublicensing is DENIED. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 326 ORDER denying #237 Motion in Limine. The Court DENIES Pioneer's Motion in Limine (Dkt. No. 237) to exclude evidence of or reference to "Farmer Confusion". Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 325 ORDER granting #236 Motion in Limine. Any evidence related to breach of the Herculex Trademark Agreement shall be precluded from presentation at trial. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 324 ORDER granting #289 Motion in Limine. Defendant Pioneer Hi-Bred International, Inc. shall be precluded from presenting at trial any evidence related to Mycogen Affiliates without their first being a hearing to determine admissibility. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 323 ORDER granting in part and denying in part #223 Motion in Limine. The Court hereby GRANTS the Motion in Limine (Dkt. No. 223), with respect to the proffered Becks XL bags and DENIES the Motion in Limine with respect to the remaining PROaccess companies. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 322 ORDER granting #178 Motion in Limine to exclude evidence or mention of royalties paid or payable to non-party Monsanto by Mycogen or Defendant Pioneer Hi-Bred International, Inc. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 31, 2010 Opinion or Order Filing 321 ORDER granting #318 Motion for Extension of Time. Pioneer shall supplement and exchange the report of its expert witness, Walter N. Thurman, by Thursday, January 6th, 2011. Signed by Judge Tanya Walton Pratt on 12/31/2010. (TRG)
December 30, 2010 Filing 320 OBJECTION Pioneer's Objections to Agrigenetics Counter-Designations by PIONEER HI-BRED INTERNATIONAL, INC.. Related document: #297 NOTICE of Filing filed by AGRIGENETICS, INC..(Brenza, Lindley)
December 30, 2010 Filing 319 NOTICE of Appearance by Dennis P. Stolle on behalf of Plaintiff AGRIGENETICS, INC.. (Stolle, Dennis)
December 30, 2010 Filing 318 Unopposed MOTION for Extension of Time, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brenza, Lindley)
December 30, 2010 Filing 317 Exhibit List Pioneer's Supplemental Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Pioneer's Supplemental Exhibit List)(Brenza, Lindley)
December 30, 2010 Filing 316 REDACTION to #273 SEALED Response to Motion to Dismiss by AGRIGENETICS, INC.. (Schuster, Jennifer)
December 30, 2010 Filing 315 RESPONSE in Opposition re #294 MOTION in Limine to Exclude Testimony of Richard McConnell Regarding Collaboration Agreement, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Excerpts from Deposition of Richard McConnell, #2 Exhibit 2 - 7/3/95 handwritten notes (Tr. Ex. 1570), #3 Exhibit 3 - 6/28/96 Letter to McConnell from Eibl (Tr. Ex. 1622, #4 Exhibit 4 - 9/10/96 Letter from McConnell to Eibl (Tr. Ex. 1624))(Brenza, Lindley)
December 30, 2010 Opinion or Order Filing 314 ORDER on Defendant's #216 Renewed Motion to Exclude the Opinion Testimony of Dr. Jennifer Vanderhart - Pioneer's motion to exclude Vanderhart's opinion testimony [Docket No. 216] is GRANTED TO THE EXTENT that Vanderhart may not testify regarding any damages calculation including Monsanto Roundup Ready royalties, germplasm royalties, or the "Mon Royalty" settlement amounts. If Mycogen wishes to have Vanderhart testify on this limited basis, Mycogen shall provide Pioneer with a supplemental report complying with this order before 5 p.m. on January 4, 2011 (**SEE ORDER**). Signed by Magistrate Judge Tim A. Baker on 12/30/2010. (JD)
December 30, 2010 Filing 313 NOTICE of Submission of Pioneer's Proposed Issue Instruction, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
December 30, 2010 Filing 312 NOTICE of Submission of Mycogen's Proposed Issue Instruction, filed by Plaintiff AGRIGENETICS, INC. (Staser, Aaron)
December 30, 2010 Filing 311 RESPONSE in Opposition re #289 MOTION in Limine to Exclude Evidence Relating to Mycogen Affiliates, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Agrigenetics' Third Supp Answers and Objs to Pioneer 1st Set of Interrogs (REDACTED))(Brenza, Lindley)
December 28, 2010 Filing 310 Submission of Mycogen in Contemplation of Trial Management Order, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 28, 2010 Opinion or Order Filing 309 ORDER granting #304 Motion to Retain Under Seal #261 Exhibits A & B in Support of Mycogen's Opposition to Pioneer's Motion for Continuance shall be retained under seal. Signed by Judge Tanya Walton Pratt on 12/28/2010. (JD)
December 27, 2010 Filing 308 REDACTION to #266 SEALED Reply in support of Motion (Renewed) to Exclude the Opinion Testimony of Jennifer Vanderhart by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 27, 2010 Filing 307 REDACTION to #252 SEALED Document Pioneer's Brief in Support of its Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 27, 2010 Filing 306 REDACTION to #231 SEALED Document Pioneer's Trial Brief by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 27, 2010 Filing 305 REDACTION to #218 SEALED Document Pioneer's Brief in Support of its Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 27, 2010 Filing 304 MOTION to Retain under Seal Exhibits A & B to Mycogen's Opposition to Pioneer's Motion for Continuance (Dkt. 261), filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
December 27, 2010 Opinion or Order Filing 303 SCHEDULING ORDER: Status Conference set for 12/28/2010 09:30 AM as a Telephonic Hearing before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 12/27/2010.(CKM)
December 27, 2010 Filing 302 Witness List Amended Final, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 23, 2010 Filing 301 RESPONSE in Opposition re #240 MOTION in Limine to Bar Evidence or Argument Regarding Unasserted Breaches, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
December 23, 2010 Filing 300 RESPONSE in Opposition re #237 MOTION in Limine to Bar Evidence of or Reference to "Farmer Confusion", filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A: E-mail Regarding Tech Stickers)(Schuster, Jennifer)
December 23, 2010 Filing 299 OBJECTION to Pioneer's Exhibit List by AGRIGENETICS, INC.. Related document: #228 Exhibit List filed by PIONEER HI-BRED INTERNATIONAL, INC..(Pollack-Milgate, Deborah)
December 23, 2010 Filing 298 RESPONSE in Opposition re #238 MOTION in Limine to Bar Undisclosed Evidence or Argument Regarding Agrigenetics' "Impermissible Sublicensing" Claim, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A - Excerpt from Expert Disclosure of Glenn, #2 Exhibit B: Excerpts from Glenn Deposition)(Schuster, Jennifer)
December 23, 2010 Filing 297 NOTICE of Filing of Mycogen's Objections and Cross-Designations to Pioneer's Deposition Designations by AGRIGENETICS, INC. (Pollack-Milgate, Deborah)
December 23, 2010 Filing 296 ENTRY denying as moot #251 Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing. Signed by Judge Tanya Walton Pratt on 12/23/2010. (TRG)
December 23, 2010 Filing 295 BRIEF/MEMORANDUM in Support re #294 MOTION in Limine to Exclude Testimony of Richard McConnell Regarding Collaboration Agreement, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A - Excerpts from Deposition of Richard McConnell (Part 1 of 3), #2 Exhibit A - Excerpts from Deposition of Richard McConnell (Part 2 of 3), #3 Exhibit A - Excerpts from Deposition of Richard McConnell (Part 3 of 3))(Schuster, Jennifer)
December 23, 2010 Filing 294 MOTION in Limine to Exclude Testimony of Richard McConnell Regarding Collaboration Agreement, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
December 23, 2010 Filing 293 RESPONSE to Motion re #236 MOTION in Limine to Bar Evidence or Argument that Pioneer Has Breached the Herculex Trademark Agreement, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
December 23, 2010 Filing 292 OBJECTION to Pioneer's Proposed Jury Instructions by AGRIGENETICS, INC.. Related document: #239 Proposed Jury Instructions filed by PIONEER HI-BRED INTERNATIONAL, INC..(Pollack-Milgate, Deborah)
December 23, 2010 Filing 291 OBJECTION to Pioneer's "Expected" Witness List by AGRIGENETICS, INC.. Related document: #230 Witness List filed by PIONEER HI-BRED INTERNATIONAL, INC..(Pollack-Milgate, Deborah)
December 23, 2010 Filing 290 BRIEF/MEMORANDUM in Support re #289 MOTION in Limine to Exclude Evidence Relating to Mycogen Affiliates, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
December 23, 2010 Filing 289 MOTION in Limine to Exclude Evidence Relating to Mycogen Affiliates, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
December 23, 2010 Filing 288 NOTICE of Request for Separation of Witnesses at Trial, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
December 23, 2010 Filing 287 OBJECTION to Mycogen's Proposed Voir Dire Questions by PIONEER HI-BRED INTERNATIONAL, INC.. Related document: #221 Proposed Voir Dire filed by AGRIGENETICS, INC..(Brenza, Lindley)
December 23, 2010 Filing 286 OBJECTION to Agrigenetics' Proposed Jury Instructions by PIONEER HI-BRED INTERNATIONAL, INC.. Related document: #233 Proposed Jury Instructions filed by AGRIGENETICS, INC..(Brenza, Lindley)
December 23, 2010 Filing 285 RESPONSE in Opposition re #223 MOTION in Limine to Exclude Evidence Inconsistent with the Court's Partial Summary Judgment Entry, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 23, 2010 Filing 284 NOTICE of Objections and Counter-Designations to Video-Taped Depositions, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
December 23, 2010 Filing 283 OBJECTION Pioneer's Counter-Designations and Objections to Agrigenetics' Affirmative Deposition Designations by PIONEER HI-BRED INTERNATIONAL, INC.. Related document: #220 NOTICE of Filing filed by AGRIGENETICS, INC..(Brenza, Lindley)
December 23, 2010 Filing 282 OBJECTION by Pioneer to Agrigenetics' Amended Exhibit List by PIONEER HI-BRED INTERNATIONAL, INC.. Related document: #243 Exhibit List filed by AGRIGENETICS, INC.. (Attachments: #1 Exhibit A - Pioneer's Objections to Agrigenetics' Exhibit List)(Brenza, Lindley)
December 23, 2010 Filing 281 OBJECTION to Pioneer's Proposed Voir Dire Questions by AGRIGENETICS, INC.. Related document: #229 Proposed Voir Dire filed by PIONEER HI-BRED INTERNATIONAL, INC..(Pollack-Milgate, Deborah)
December 22, 2010 Opinion or Order Filing 280 ORDER granting #279 Motion to Seal Document #278 SEALED Reply in support of Motion. Pioneer shall file a redacted copy of its Reply Brief in Support of Its Motion to Dismiss Agrigenetics Claim for Monsanto Damages for Lack of Standing within ten (10) days of this Order. Signed by Judge Tanya Walton Pratt on 12/22/2010. (JD)
December 21, 2010 Filing 279 MOTION to Seal Document #278 SEALED Reply in support of Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brenza, Lindley)
December 21, 2010 Filing 278 ***SEALED PURSUANT TO #280 ORDER SEALING*** SEALED REPLY in support of Motion re #251 MOTION to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - AGR_0005804, #2 Exhibit 2 - Vanderhart Dep Excerpts)(Brenza, Lindley) Modified on 12/22/2010 (JD).
December 21, 2010 Filing 277 REDACTION to #209 SEALED Response to Motion Mycogen's Motion in Limine to Exclude Evidence of Monsanto Royalties by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 20, 2010 Opinion or Order Filing 276 ORDER GRANTING MOTION FOR LEAVE TO FILE UNDER SEAL MYCOGEN'S OPPOSITION TO DENY AS UNSUPPORTED AND MOOT PIONEERS MOTION TO DISMISS. Further, Mycogen shall file a redacted copy of the Opposition within 10 calendar days of this ORDER. Signed by Judge Tanya Walton Pratt on 12/20/2010. (JD)
December 20, 2010 Opinion or Order Filing 275 AMENDED ORDER re #250 Order on Motion to Amend. This Order is amended to reflect December 23, 2010 is a Thursday, not Wednesday. Signed by Judge Tanya Walton Pratt on 12/20/2010.(JD)
December 20, 2010 Filing 274 MOTION to Seal Document #273 SEALED Response to Motion to Dismiss, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
December 20, 2010 Filing 273 ***SEALED PURSUANT TO #276 *** SEALED RESPONSE re #251 MOTION to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit 1 Revenue Table, #2 Exhibit 2 Supplemental Expert Report of Jennifer Vanderhart, Ph.D.)(Pollack-Milgate, Deborah) Modified on 12/21/2010 (JD).
December 20, 2010 Opinion or Order Filing 272 ORDER denying #241 Motion for Continuance. Having reviewed the fully briefed Motion, the Court at this time DENIES the motion. The Court is aware that significant legal issues remain outstanding and therefore reserves the right on its own, to revisit this Motion should it become necessary. It is however, the Courts preference that the matters proceed to trial as scheduled. The parties are instructed to continue working towards a trial date of January 10, 2011. Signed by Judge Tanya Walton Pratt on 12/20/2010. (JD) Modified on 12/20/2010 (JD).
December 20, 2010 Filing 271 Exhibit List Pioneer's Revised Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Pioneer's Revised Exhibit List)(Brenza, Lindley)
December 17, 2010 Opinion or Order Filing 270 ORDER granting #267 Motion to Seal Document #266 SEALED Reply in support of Motion. Signed by Judge Tanya Walton Pratt on 12/18/2010. (TRG)
December 17, 2010 Filing 269 REPLY in Support of Motion re #241 MOTION for Continuance, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - 2009-08-05 Pioneer 1st Set of RPFs, #2 Exhibit 2 - 2010-11-18 Addy Letter to Pollack-Milgate, #3 Exhibit 3 - 2010-11-30 Pollack-Milgate letter to Addy)(Brenza, Lindley)
December 17, 2010 Opinion or Order Filing 268 ORDER granting #263 Motion to Seal Document #262 Exhibits A & B in support of Mycogen's Opposition to Pioneer's Motion for Continuance shall be sealed. Further, Mycogen shall file redacted copies of the Exhibits within 10 calendar days of this ORDER. Signed by Judge Tanya Walton Pratt on 12/17/2010. (JD)
December 17, 2010 Filing 267 MOTION to Seal Document #266 SEALED Reply in support of Motion Renewed to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brenza, Lindley)
December 17, 2010 Filing 266 ***SEALED PURSUANT TO ORDER #270 ***SEALED REPLY in support of Motion re #216 MOTION Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Dec 02, 2010 Letter from Addy to Pollack-Milgate, #2 Exhibit 2 - Roundup Ready Corn License Agmnt, #3 Exhibit 3 - Beck Deposition Excerpts, #4 Exhibit 4 - Thurman Deposition Excerpts)(Brenza, Lindley) Modified on 12/18/2010 (TRG).
December 16, 2010 Filing 265 AMENDED Entry on Plaintiff's Partial Motion for Summary Judgment - The Court GRANTS Mycogen's #49 Motion for a Partial Summary Judgment. Signed by Judge Tanya Walton Pratt on 12/16/2010.(TRG)
December 16, 2010 Opinion or Order Filing 264 ENTRY on Motion for Reconsideration and Clarification of Issues Remaining for Trial - The Court AFFIRMS the ultimate findings of the Order [Dkt. #173 ] granting Agrigenetics, Inc. d/b/a Mycogen Seeds Partial Summary Judgment as amended. Signed by Judge Tanya Walton Pratt on 12/16/2010. (TRG)
December 16, 2010 Filing 263 MOTION to Seal Document #262 SEALED Document Exhibits A & B, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Staser, Aaron)
December 16, 2010 Filing 262 ***SEALED PURSUANT TO #268 ORDER SEALING, RETAINED UNDER SEAL PURSUANT TO #309 ORDER RETAINIGN*** SEALED Exhibits A & B, re #261 Response in Opposition to Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Exhibit A - Highlighted transcript excerpts demonstrating SmartStax testimony, #2 Exhibit B - Expert Report of Thurman)(Staser, Aaron) Modified on 12/28/2010 (JD).
December 16, 2010 Filing 261 RESPONSE in Opposition re #241 MOTION for Continuance, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Exhibit C - Letter dated November 16, 2010 from Rob Addy to Deborah Pollack Milgate, #2 Exhibit D - Email dated July 30, 2010 from the Court to Counsel for the Parties, #3 Exhibit E - Email exchange dated August 30, 2010 between counsel for Mycogen and Carl Eibl, #4 Exhibit F - Email exchange dated December 13, 2010 between counsel for Mycogen and Carl Eibl, #5 Exhibit G - F - Email exchange dated December 15, 2010 between counsel for Mycogen and Carl Eibl, #6 Exhibit H - Excerpts from Deposition of Tim Glenn)(Staser, Aaron)
December 16, 2010 Opinion or Order Filing 260 ORDER Denying Motion to Bifurcate - The Motion to bifurcate damages from liability (Dkt. No. #203 ) is DENIED. Signed by Judge Tanya Walton Pratt on 12/16/2010. (TRG)
December 16, 2010 Opinion or Order Filing 259 ORDER granting Pioneer's #232 Motion to Seal Document Number 231. Pioneer shall file a redacted copy of its Trial Brief within ten (10) days of this Order. Signed by Magistrate Judge Tim A. Baker on 12/16/2010. (SWM)
December 16, 2010 Opinion or Order Filing 258 ORDER granting Pioneer's #219 Motion to Seal Document Number 218. Pioneer shall file a redacted copy of its Brief in Support of Its Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart within ten (10) days of this Order. Signed by Magistrate Judge Tim A. Baker on 12/16/2010. (SWM)
December 16, 2010 Opinion or Order Filing 257 ORDER granting #253 Motion to Seal Document #252 Brief in Support of Its Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing. Pioneer shall file a redacted copy of its Brief in Support of its Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing within ten (10) days of this Order. Signed by Judge Tanya Walton Pratt on 12/16/2010. (JD)
December 16, 2010 Filing 256 Surreply re #203 MOTION to Bifurcate Liability and Damages at Trial, filed by Plaintiff AGRIGENETICS, INC. (JD)
December 16, 2010 Opinion or Order Filing 255 ORDER granting #254 Motion for Leave to File Surreply in Opposition to Pioneer's Motion to Bifurcate. Signed by Judge Tanya Walton Pratt on 12/16/2010. (JD)
December 16, 2010 Filing 254 MOTION for Leave to File Surreply in Opposition to Pioneer's Motion to Bifurcate, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order, #2 Exhibit Surreply Brief in Opposition to Pioneer's Motion to Bifurcate)(Staser, Aaron)
December 15, 2010 Filing 253 MOTION to Seal Document #252 SEALED Document Pioneer's Brief in Support of its Motion to Dismiss Agrigenetics' Damages Claim for monsanto Damages for Lack of Standing, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order Proposed Order)(Brenza, Lindley)
December 15, 2010 Filing 252 SEALED Brief In Support of Its Motion to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing, re #251 Motion to Dismiss, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Exh F Vanderhart Royalty Damages Calculation, #2 Exhibit 2 - Excerpts Vanderhart Deposition, #3 Exhibit 3 - duPont Form 10Q, #4 Exhibit 4 - RR Corn License Agreement, #5 Exhibit 5 - Amended RR Corn License Agreement, #6 Exhibit 6 - Monsanto Royalty Payments, #7 Exhibit 7A - Pionner 2007/8 Seed Catalog, #8 Exhibit 7B - Pioneer 2008/9 Seed Catalog, #9 Exhibit 7C - Pioneer 2010 Seed Catalog, #10 Exhibit 7D - Pioneer 2011 Seed Catalog, #11 Exhibit 8 - Settlement Agreement)(Brenza, Lindley)
December 15, 2010 Filing 251 MOTION to Dismiss Agrigenetics' Claim for Monsanto Damages for Lack of Standing, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 15, 2010 Opinion or Order Filing 250 ***AMENDED, SEE #275 *** ORDER granting #249 Motion to Amend/Correct #245 Order on Status Conference Held December 13, 2010. The Entry is hereby further amended as follows, Responses and objections to Pretrial filings deadline is Wednesday, December 23, 2010. Signed by Judge Tanya Walton Pratt on 12/15/2010. (JD) Modified on 12/21/2010 (JD).
December 15, 2010 Filing 249 Joint MOTION to Amend/Correct #245 Order on Status Conference Held December 13, 2010, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
December 14, 2010 Filing 248 REPLY in Support of Motion re #203 MOTION to Bifurcate Liability and Damages at Trial, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 14, 2010 Filing 247 REPLY in Support of Motion re #178 MOTION in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Staser, Aaron)
December 14, 2010 Filing 246 RESPONSE in Opposition re #216 MOTION Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit Addy Email, #2 Exhibit Seggelink Email)(Pollack-Milgate, Deborah)
December 14, 2010 Opinion or Order Filing 245 AMENDED ENTRY re #244 Entry on Status Conference. This order is Amended as to the briefing schedule for Pioneer's Renewed Motion to Exclude testimony of Jennifer Vanderhart (Dkt. #216) only. Signed by Judge Tanya Walton Pratt on 12/14/2010.(TRG)
December 14, 2010 Filing 244 ENTRY and Order for telephonic status conference held before Judge Tanya Walton Pratt on 12/13/2010: Final Pretrial Conference RESET for 1/3/2011 at 09:00 AM in room #344, and Jury Trial set for 1/10/2011 at 08:30 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.) (See Order for deadlines.) (TRG)
December 14, 2010 Filing 243 Exhibit List Amended, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 13, 2010 Filing 242 Exhibit List, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 13, 2010 Filing 241 MOTION for Continuance, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 13, 2010 Filing 240 MOTION in Limine to Bar Evidence or Argument Regarding Unasserted Breaches, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 13, 2010 Filing 239 Proposed Jury Instructions by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 13, 2010 Filing 238 MOTION in Limine to Bar Undisclosed Evidence or Argument Regarding Agrigenetics' "Impermissible Sublicensing" Claim, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1- 20101119 Email from Pollack to Swanson, #2 Exhibit 2- Pioneer's 1st Set of Interrogs, #3 Exhibit 3-Agrigenetics Resp to Interrogs, #4 Exhibit 4-Agrigenetics Supp Resp to Interrogs, #5 Exhibit 5-Agrigenetics 2nd Supp Resp to Interrogs)(Brenza, Lindley)
December 13, 2010 Filing 237 MOTION in Limine to Bar Evidence of or Reference to "Farmer Confusion", filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1-Pioneer's 1st Set of Interrogs, #2 Exhibit 2-Agrigenetics Answers and Objs, #3 Exhibit 3-Agrigenetics Supp Answers to Interrogs, #4 Exhibit 4-Agrigenetics 2nd Supp Answers to Interrogs, #5 Exhibit 5-Agrigenetics 3rd Supp Answers to Interrogs)(Brenza, Lindley)
December 13, 2010 Filing 236 MOTION in Limine to Bar Evidence or Argument that Pioneer Has Breached the Herculex Trademark Agreement, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1-USPTO TM Registration, #2 Exhibit 2-Trademark License Agreement, #3 Exhibit 3-Agrigenetics' 3rd Supp Answers to Interrogs, #4 Exhibit 4-Schickler 20100402 Dep Excerpts, #5 Exhibit 5-Keller 20100625 Dep Excerpts)(Brenza, Lindley)
December 13, 2010 Filing 235 Witness List, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 13, 2010 Filing 234 TRIAL BRIEF by AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
December 13, 2010 Filing 233 Proposed Jury Instructions by AGRIGENETICS, INC.. (Staser, Aaron)
December 13, 2010 Filing 232 MOTION to Seal #231 Pioneer's Trial Brief, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Brenza, Lindley) Modified on 12/14/2010 (JD). Modified on 12/14/2010 (TRG).
December 13, 2010 Filing 231 *** SEALED PER ORDER DATED 12/16/2010 *** SEALED Pioneer's Trial Brief, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1-Collaboration Agreement, # (2) Exhibit 2-Caulder 20100112 Dep Excerpts, # (3) Exhibit 3-Agrigenetics' 3rd Supp Answers to First Set Interrogs, # (4) Exhibit 4-Beck 20100416 Dep Excerpts, # (5) Exhibit 5-Summary Judgment Hearing, # (6) Exhibit 6-Kaehler 30b6 Dep Excerpts, # (7) Exhibit 7-Glenn 20100618 Dep Excerpts)(Brenza, Lindley) Modified on 12/16/2010 (SWM).
December 13, 2010 Filing 230 Witness List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 13, 2010 Filing 229 Proposed Voir Dire by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 13, 2010 Filing 228 Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - Pioneer's Exhibit List)(Brenza, Lindley)
December 13, 2010 Filing 227 NOTICE of Pioneer's Affirmative Deposition Designations, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
December 13, 2010 Filing 226 NOTICE of Use of Evidence Presentation Equipment at Trial, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Brenza, Lindley)
December 13, 2010 Filing 225 NOTICE of Use of Trial Presentation Equipment, filed by Plaintiff AGRIGENETICS, INC. (Schuster, Jennifer)
December 13, 2010 Filing 224 BRIEF/MEMORANDUM in Support re #223 MOTION in Limine to Exclude Evidence Inconsistent with the Court's Partial Summary Judgment Entry, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A: Excerpts from Deposition of Richard McConnell)(Schuster, Jennifer)
December 13, 2010 Filing 223 MOTION in Limine to Exclude Evidence Inconsistent with the Court's Partial Summary Judgment Entry, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
December 13, 2010 Filing 222 STIPULATION of Facts (Joint), filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Staser, Aaron)
December 13, 2010 Filing 221 Proposed Voir Dire by AGRIGENETICS, INC.. (Schuster, Jennifer)
December 13, 2010 Filing 220 NOTICE of Filing Plaintiff's Deposition Designations by AGRIGENETICS, INC. (Staser, Aaron)
December 10, 2010 Filing 219 MOTION to Seal Document #218 SEALED Document, #217 SEALED MOTION Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
December 10, 2010 Filing 218 *** SEALED PER ORDER DATED 12/16/2010 *** SEALED Brief in Support of its Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, re #217 SEALED Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1- Mem ISO Motion in Limine to Exclude Evidence, # (2) Exhibit 2-RR Corn License Agreement, # (3) Exhibit 3-Monsanto Agreement, # (4) Exhibit 4-Royalty Payments, # (5) Exhibit 5-License Agreement)(Brenza, Lindley) Modified on 12/16/2010 (SWM).
December 10, 2010 Filing 217 ***PLEASE DISREGARD - DUPLICATE FILING OF #216 *** SEALED MOTION Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley) Modified on 12/13/2010 (TRG).
December 10, 2010 Filing 216 MOTION Renewed Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 10, 2010 Filing 215 RESPONSE in Opposition re #203 MOTION to Bifurcate Liability and Damages at Trial, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Staser, Aaron)
December 10, 2010 Opinion or Order Filing 214 DISCOVERY ORDER: This case is set for trial on January 10, 2011, yet Plaintiff Mycogen seeks to revisit discovery on two separate fronts. First, Mycogen moved to compel trial depositions of two out-of-state witnesses. [Docket No. 161.] Second, Mycogen moved to reopen discovery relating to Pioneer's royalty payments to Monsanto. [Docket No. 164.] Defendant Pioneer vehemently objects to both motions. The Court held a telephonic conference on these motions on December 6. Both parties were given a full opportunity to be heard, which was in addition to the fairly extensive briefing these motions have generated. Mycogen's motions #161 and #164 are denied. Mycogen shall supplement its responses to Pioneer's request for production number 24 w/i seven days (see Order for other details). Signed by Magistrate Judge Tim A. Baker.(SWM)
December 9, 2010 Opinion or Order Filing 213 ORDER granting #211 Motion for Extension of Time to File Reply to 12/14/2010 re #178 MOTION in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer. Mycogen's Reply Brief in Support of Its Motion in Limine (Dkt. 178) shall be filed on or before December 14, 2010. Signed by Judge Tanya Walton Pratt on 12/9/2010. (TRG)
December 9, 2010 Opinion or Order Filing 212 ORDER granting Pioneer's #210 Motion to Seal Dkt. Number 209. Pioneer shall file a redacted copy of its Motion to Seal Opposition to Mycogen's Motion in Limine to Exclude Evidence of Monsanto Royalties within ten (10) days of this Order. Signed by Magistrate Judge Tim A. Baker on 12/9/2010. (SWM)
December 8, 2010 Filing 211 Unopposed MOTION for Extension of Time to December 14, 2010 to file reply to #178 MOTION in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Staser, Aaron)
December 6, 2010 Filing 210 MOTION to Seal Document #209 SEALED Response to Motion in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
December 6, 2010 Filing 209 *** SEALED PER ORDER DATED 12/9/2010 *** SEALED RESPONSE re #178 MOTION in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1 - Settlement Agreement)(Brenza, Lindley) Modified on 12/9/2010 (SWM).
December 6, 2010 Filing 208 NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Tanya Walton Pratt on 11-22-2010. (Pratt, Fred)
December 6, 2010 Filing 207 CORRECTED TRANSCRIPT re #206 Transcript of Case Management Conference held on 11-22-2010, before Judge Tanya Walton Pratt. Court Reporter Fred Pratt, Telephone number (317) 916-8209. This Corrected transcript contains this transcript is certified. Previous transcript was rough draft.. No other changes have been made to the original transcript. The Corrected Transcript may be viewed at the court's public terminal or purchased through the Court Reporter before the date for Release of Transcript Restriction noted in the text of the original Transcript filing above. After that date, it may be obtained through PACER. (Pratt, Fred)
December 6, 2010 Filing 206 ***SEE CORRECTED TRANSCRIPT, DKT. 207.*** TRANSCRIPT of Case Management Conference held on 11-22-2010, before Judge Tanya Walton Pratt. Court Reporter/Transcriber Fred Pratt, Telephone number (317) 916-8209. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 12/27/2010. Release of Transcript Restriction set for 3/7/2011. (Pratt, Fred) Modified to seal (draft copy docketed in error) on 12/6/2010 (LBK).
December 3, 2010 Opinion or Order Filing 205 SCHEDULING ORDER: Status Conference set for 12/6/2010 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317- 229-3660. The purpose of this conference is to address a discovery dispute between the parties. Signed by Magistrate Judge Tim A. Baker on 12/3/2010.(SWM)
December 2, 2010 Filing 204 BRIEF/MEMORANDUM in Support re #203 MOTION to Bifurcate Liability and Damages at Trial, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 2, 2010 Filing 203 MOTION to Bifurcate Liability and Damages at Trial, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 1, 2010 Filing 202 REPLY in Support of Motion re #191 MOTION for Reconsideration re #173 Order on Sealed Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
December 1, 2010 Filing 201 Surreply re #164 MOTION to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
November 30, 2010 Opinion or Order Filing 200 ORDER granting Pioneer's #193 Motion for Leave to File its Surreply in Opposition to Mycogen's Motion to Re-open Discovery. Pioneer shall file its Surreply in Opposition to Mycogen's Motion to Re-open Discovery, attached as Exhibit A to Pioneer's Motion, within three (3) days of this Order. Signed by Magistrate Judge Tim A. Baker on 11/30/2010. (SWM)
November 29, 2010 Filing 199 REDACTION to #179 SEALED Document Memorandum of Law in Support of Motion in Limine to Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer by AGRIGENETICS, INC.. (Schuster, Jennifer)
November 29, 2010 Filing 198 REDACTION to #181 SEALED Reply in support of Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready by AGRIGENETICS, INC.. (Schuster, Jennifer)
November 24, 2010 Filing 197 RESPONSE in Opposition re #191 MOTION for Reconsideration re #173 Order on Sealed Motion, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit News Release)(Pollack-Milgate, Deborah)
November 24, 2010 Filing 196 RESPONSE in Opposition re #193 MOTION for Leave to File Surreply in Opposition to Mycogen's Motion to Re-Open Discovery, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit 1: November 16, 2010 Letter from Pioneer's Counsel, #2 Exhibit 2: November 22, 2010 Letter from Pioneer's Counsel)(Schuster, Jennifer)
November 23, 2010 Filing 195 Submission of Proposed Order Granting Pioneer's Motion for Leave to File Surreply In Opposition to Mycogen's Motion to Re-Open Discovery, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Janzen, Todd)
November 23, 2010 Opinion or Order Filing 194 ENTRY and Order for Status Conference held before Judge Tanya Walton Pratt on 11/22/2010: Telephonic Case Management Conference was held regarding outstanding scheduling issues, discovery issues and pending motions. Telephonic Conference set for 12/13/2010 at 09:00 AM before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt. (Court Reporter Fred Pratt.) (See Order for Details)(TRG)
November 22, 2010 Filing 193 MOTION for Leave to File Surreply in Opposition to Mycogen's Motion to Re-Open Discovery, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit Surreply in Opposition to Mycogen's Motion to Re-Open Discovery)(Brenza, Lindley)
November 22, 2010 Filing 192 REDACTION to #171 SEALED Response to Motion to Reopen Discovery by PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit Exhibit 1 - Vanderhart Depo, #2 Exhibit Exhibit 2 - DuPont 2007 10Q, #3 Exhibit Exhibit 3 - Pollack-Milgate Letter, #4 Exhibit Exhibit 4 - Brenza Letter, #5 Exhibit Exhibit 5 - Letter to Judge Baker, #6 Exhibit Exhibit 6 - AGR_00058704 (Dkt. 130), #7 Exhibit Exhibit 7 - AGR_00050761)(Brenza, Lindley)
November 19, 2010 Filing 191 MOTION for Reconsideration re #173 Order on Sealed Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Deposition Excerpts (redacted) of Lawrence Beck, #2 Exhibit 2 - Deposition Excerpts of Robert Clifford Iwig, #3 Exhibit 3 - Deposition Excerpts of Won Sop Hyon, #4 Exhibit 4 - Deposition Excerpts of Jerry Caulder, #5 Exhibit 5 - Declaration of Lawrence "Sonny" Beck)(Brenza, Lindley)
November 18, 2010 Filing 190 REPLY in Support of Motion re #161 MOTION to Compel Trial Depositions of Messrs. Bart Baudler and Alan McCunn, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
November 18, 2010 Opinion or Order Filing 189 ORDER granting pltf's #182 Motion to Seal Document Number 181. Pltf shall file redacted copies with 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 11/18/2010. (SWM)
November 18, 2010 Opinion or Order Filing 188 ORDER granting pltf's #180 Motion to Seal Document Number 179. Pltf shall file a redacted copy within 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 11/18/2010. (SWM)
November 18, 2010 Opinion or Order Filing 187 ORDER granting #185 Motion to schedule a case management conference. The Status Conference is set telephonically for 11/22/2010 09:00 AM before Judge Tanya Walton Pratt. Parties shall call the conference bridge line provided by the Courtroom Deputy Clerk at the designated time. Signed by Judge Tanya Walton Pratt on 11/18/2010. (JD)
November 17, 2010 Filing 186 NOTICE of Appearance by Aaron M. Staser on behalf of Plaintiff AGRIGENETICS, INC.. (Staser, Aaron)
November 16, 2010 Filing 185 Unopposed MOTION for Case Management Conference, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Janzen, Todd)
November 16, 2010 Opinion or Order Filing 184 ORDER granting pltf's #177 Expedited Motion to Unseal Document Number 173. Signed by Magistrate Judge Tim A. Baker on 11/16/2010. (SWM)
November 15, 2010 Filing 183 NOTICE of Pioneer's Withdrawal of Opposition to Mycogen's Expedited Motion to Unseal Entry on Plaintiff's Partial Summary Judgment, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., re #177 MOTION to Unseal Document #173 Order on Sealed Motion Expedited. (Brenza, Lindley)
November 15, 2010 Filing 182 MOTION to Seal Document #181 SEALED Reply in support of Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
November 15, 2010 Filing 181 *** SEALED PER ORDER DATED 11/18/2010 *** SEALED REPLY in support of Motion re #164 MOTION to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Exhibit A: E-mails between counsel for Pioneer and counsel for Mycogen, dated November 8 and 10, 2010)(Schuster, Jennifer) Modified on 11/18/2010 (SWM).
November 12, 2010 Filing 180 MOTION to Seal Document #179 SEALED Document Memorandum of Law, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
November 12, 2010 Filing 179 *** SEALED PER ORDER DATED 11/18/2010 *** SEALED Memorandum of Law in Support of, re #178 Motion in Limine, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Exhibit 1 Agreement)(Pollack-Milgate, Deborah) Modified on 11/18/2010 (SWM).
November 12, 2010 Filing 178 MOTION in Limine To Exclude Evidence or Mention of Royalties Paid or Payable to Non-Party Monsanto by Mycogen or Pioneer, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
November 12, 2010 Filing 177 MOTION to Unseal Document #173 Order on Sealed Motion Expedited, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
November 12, 2010 Opinion or Order Filing 176 ORDER granting Pioneer Hi-Bred International, Inc's #172 Motion to Seal Document Number 171. Pioneer shall file redacted copies of these documents, as well as any supporting exhibits, within ten (10) days from the date of this ORDER. Signed by Magistrate Judge Tim A. Baker on 11/12/2010. (SWM)
November 12, 2010 Filing 175 REDACTION to #166 SEALED Document Memorandum of Law in Support of Mycogen's Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready by AGRIGENETICS, INC.. (Schuster, Jennifer)
November 10, 2010 Opinion or Order Filing 174 ORDER denying Pltf's #88 Sealed Motion to Exclude Expert Report; denying Pltf's #91 Sealed Motion to Exclude Expert Report; denying Deft's #93 Sealed Motion to Exclude Expert Report (see Order for details). Signed by Magistrate Judge Tim A. Baker on 11/10/2010. (SWM)
November 9, 2010 Opinion or Order Filing 173 ***SEE AMENDED ENTRY #265 *** UNSEALED PER ORDER DATED 11/16/2010 *** ORDER granting #49 Mycongen Seeds' Sealed Motion for Partial Summary Judgment. For the reasons set forth in the Entry Plantiff is GRANTED Partial Summary Judgment. (See Entry) Signed by Judge Tanya Walton Pratt on 11/9/2010. (JD) Modified on 11/9/2010 (TRG). Modified on 11/16/2010 (SWM). Modified on 12/16/2010 (TRG). Modified on 12/16/2010 (TRG).
November 8, 2010 Filing 172 MOTION to Seal Document #171 SEALED Response to Motion to Reopen Discovery, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
November 8, 2010 Filing 171 *** SEALED PER ORDER DATED 11/12/2010 *** SEALED RESPONSE re #164 MOTION to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1 - Vanderhart Depo, # (2) Exhibit 2 - DuPont 2007 10Q, # (3) Exhibit 3 - 2010-07-23 Pollack-Milgate Letter, # (4) Exhibit 4 - 2010-07-30 Brenza Letter, # (5) Exhibit 5 - 2009-12-15 Letter to Judge Baker, # (6) Exhibit 6 - AGR_00058704 (Dkt. 130), # (7) Exhibit 7 - AGR_00050761, # (8) Affidavit Swanson Declaration)(Brenza, Lindley) Modified on 11/12/2010 (SWM).
November 8, 2010 Filing 170 RESPONSE in Opposition re #161 MOTION to Compel Trial Depositions of Messrs. Bart Baudler and Alan McCunn, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Pioneer's Initial Disclosures (Served Not Filed 2009-07-17), #2 Exhibit 2 - Plaintiff's Initial Disclosures (Served Not Filed 2009-07-17), #3 Exhibit 3 - Plaintiff's Preliminary W/E List (Dkt. 39, 2009-07-27), #4 Exhibit Exhibit 4 - Hyon Dep (2009-10-08), #5 Exhibit 5 - Schickler Dep (2010-05-21), #6 Exhibit 6 - Beck Dep (2010-10-16), #7 Exhibit 7 - Beccera Dep (2010-04-19), #8 Exhibit 8 - Hyon Dep (2010-05-21), #9 Exhibit 9 - Doc 355 (2009-12-28), #10 Affidavit Addy Declaration)(Brenza, Lindley)
November 2, 2010 Opinion or Order Filing 169 ORDER granting #167 Motion to Seal Document #166 Mycogens Memorandum of Law in Support of its Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready. Mycogen shall file redacted copies of the Memorandum of Law within 10 calendar days of this ORDER. Signed by Judge Tanya Walton Pratt on 11/2/2010. (JD)
October 25, 2010 Filing 168 NOTICE of Correction to Mycogen's Certificate of Compliance with Local Rule 37.1, filed by Plaintiff AGRIGENETICS, INC., re #165 Certificate of Counsel. (Attachments: #1 Exhibit 1: Mycogen's Corrected Certificate of Compliance with Local Rule 37.1) (Schuster, Jennifer)
October 22, 2010 Filing 167 MOTION to Seal Document #166 SEALED Document Memorandum of Law in Support of Mycogen's Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
October 22, 2010 Filing 166 SEALED Memorandum of Law in Support of Mycogen's Motion to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, re #164 Motion (Other), filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A: Excerpts from Deposition of Dr. Jennifer Vanderhart, #2 Exhibit B: Excerpts from Deposition of Paul Schickler, #3 Exhibit C: Letter from Deborah Pollack-Milgate dated July 23, 2010, #4 Exhibit D: Mycogen's First Set of Requests for Production to Pioneer, #5 Exhibit E: Letter from Lindley Brenza dated July 30, 2010, #6 Exhibit F: September 8, 2010 Letter to the Court from Pioneer, #7 Exhibit G: E-mails dated September 29, 2010 to October 7, 2010 between Deborah Pollack-Milgate and Brian Swanson)(Schuster, Jennifer)
October 22, 2010 Filing 165 CERTIFICATE of Counsel re #164 MOTION to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready Certificate of Compliance with Local Rule 37.1 by Jennifer Lynn Schuster on behalf of AGRIGENETICS, INC. (Schuster, Jennifer)
October 22, 2010 Filing 164 MOTION to Reopen Discovery for the Limited Purpose of Compelling Discovery Related to Roundup Ready, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
October 22, 2010 Filing 163 CERTIFICATE of Counsel re #161 MOTION to Compel Trial Depositions of Messrs. Bart Baudler and Alan McCunn Certificate of Compliance with Local Rule 37.1 by Deborah Pollack-Milgate on behalf of AGRIGENETICS, INC. (Pollack-Milgate, Deborah)
October 22, 2010 Filing 162 BRIEF/MEMORANDUM in Support re #161 MOTION to Compel Trial Depositions of Messrs. Bart Baudler and Alan McCunn, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit 1: E-mails dated from 9/29/2010 to 10/1/2010 between Deborah Pollack-Milgate and Brian Swanson, #2 Exhibit 2: Letter from Deborah Pollack-Milgate to Brian Swanson dated 10/4/2010, #3 Exhibit 3: Letter from Brian Swanson to Deborah Pollack-Milgate dated 10/7/2010, #4 Exhibit 4: Pioneer's Initial Disclosures)(Pollack-Milgate, Deborah)
October 22, 2010 Filing 161 MOTION to Compel Trial Depositions of Messrs. Bart Baudler and Alan McCunn, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
September 27, 2010 Filing 160 CERTIFICATE OF SERVICE by AGRIGENETICS, INC. re #159 Stipulation Regarding Disclosure of Damages Material (Schuster, Jennifer)
September 24, 2010 Filing 159 STIPULATION Regarding Disclosure of Damages Material, filed by Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
September 21, 2010 Opinion or Order Filing 158 ORDER granting #157 Joint Motion for Extension of Time to File a stipulation regarding the use of documents produced in discovery to 9/24/2010. Signed by Magistrate Judge Tim A. Baker on 9/21/2010. (SWM)
September 17, 2010 Filing 157 Joint MOTION for Extension of Time to 09/24/2010, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Exhibit A - Proposed Order granting extension)(Pollack-Milgate, Deborah)
September 15, 2010 Opinion or Order Filing 156 ORDER granting #152 Motion to Withdraw as Attorney. Attorney Hongsun Yoon withdrawn. Signed by Magistrate Judge Tim A. Baker on 9/15/2010. (SWM)
September 14, 2010 Opinion or Order Filing 155 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Telephonic Status Conference held on 9/9/2010. Discussion held regarding pending motions and related matters. The parties shall confer in good faith and by September 17, 2010, file a stipulation regarding the use of documents produced in discovery. Signed by Magistrate Judge Tim A. Baker.(SWM)
September 13, 2010 Filing 154 TRANSCRIPT of Oral Argument on Summary Judgment held on 08/24/10, before Judge Tanya Walton Pratt. Court Reporter Laura Howie-Walters, Telephone number (317) 632-3422. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Statement due 10/4/2010. Release of Transcript Restriction set for 12/13/2010. (Howie-Walters, Laura) Released on 12/13/2010 (SWM).
September 13, 2010 Filing 153 NOTICE of FILING of OFFICIAL TRANSCRIPT of Proceedings held before Judge Tanya Walton Pratt on 08/24/10. (Howie-Walters, Laura)
September 9, 2010 Filing 152 MOTION to Withdraw as Attorney in case (Hongsun Yoon), filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order granting Withdrawal)(Yoon, Hongsun)
September 1, 2010 Opinion or Order Filing 151 ORDER granting Pioneer's #150 Motion for Extension of Time and request for teleconference. The deadline for Pioneer to file redacted versions of (1) Pioneer's Reply in Support of Its Motion to Exclude the Testimony of Jennifer Vanderhart (Doc. 130); and (2) Pioneer's Response to Mycogen's Motion for Leave to File Surreply in Opposition to Pionee's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart (Doc. 135) is held in abeyance pending a teleconference between the parties and the Court on September 9, 2010, at 2:30 p.m. Parties shall participate by counsel who shall call the Court at 317-229-3660 for purposes of this conference. Signed by Magistrate Judge Tim A. Baker on 9/1/2010. (SWM)
August 30, 2010 Filing 150 Unopposed MOTION for Extension of Time to file redacted versions of #130 Vanderhart Reply & #135 Surreply Response and Request for Teleconference, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley) Modified on 8/31/2010 (JD).
August 30, 2010 Filing 149 REDACTION to #121 SEALED Document Mycogen's Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart by AGRIGENETICS, INC.. (Schuster, Jennifer)
August 30, 2010 Filing 148 REDACTION to #133 SEALED MOTION for Leave to File Surreply in Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart by AGRIGENETICS, INC.. (Attachments: #1 Exhibit 1: Surreply (Redacted))(Schuster, Jennifer)
August 30, 2010 Filing 147 REDACTION to #126 SEALED Reply in support of Motion to Exclude the Expert Reports of Drs. Kevin Keller and Joanna Seddon by AGRIGENETICS, INC.. (Schuster, Jennifer)
August 30, 2010 Filing 146 REDACTION to #124 SEALED Reply in support of Motion to Exclude the Expert Report of Walter N. Thurman by AGRIGENETICS, INC.. (Schuster, Jennifer)
August 24, 2010 Opinion or Order Filing 145 ENTRY and Order for proceedings held before Judge Tanya Walton Pratt: Oral argument held on 8/24/2010 re #49 SEALED MOTION for Summary Judgment.The Court takes this matter under advisement. A ruling will be issued within 21 days. This cause remains set for final pretrial conference on December 22, 2010 and jury trial on January 10, 2011, Birch Bayh Federal Building and United States Courthouse, Indianapolis,Indiana. Signed by Judge Tanya Walton Pratt. (Court Reporter Laura Howie-Walters.)(TRG)
August 18, 2010 Filing 144 SEALED Surreply in opposition to deft's motion to exclude the opinion testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC. (Attachments: #1 Exhibit A - Schickler deposition, #2 Exhibit B - July 23, 2010 letter, #3 Exhibit C - July 30, 2010 letter)(SWM)
August 18, 2010 Opinion or Order Filing 143 ORDER granting Pltf's #133 Sealed Motion for leave to file surreply in opposition to deft's motion to exclude the opinion testimony of Jennifer Vanderhart. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 142 ORDER granting deft/counterclaimant's #131 Motion to Seal Document Number 130. Pioneer shall file redacted copies of these documents within ten (10) days from the date of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 141 ORDER granting Pltf's #127 Motion to Seal Document Number 126. Pltf shall file redacted copies of the motion to exclude memorandum and motion w/i 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 140 ORDER granting Deft's #136 Sealed Motion to Seal Docket Number 135. Deft shall file redacted copies of these documents w/i ten (10) days from the date of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 139 ORDER granting Pltf's #134 Motion to Seal Document Number 133. Pltf shall file redacted copies of the motion for leave to file surreply and exhibits w/i 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 138 ORDER granting Pltf's #125 Motion to Seal Document Number 124. Pltf shall file redacted copies of the motion to exlcude memorandum and motion w/i 10 caldendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 18, 2010 Opinion or Order Filing 137 ORDER granting Pltf's #122 Motion to Seal Document Number 121. Pltf shall file redacted copies of the motion to exclude memorandum and motion w/i 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 8/18/2010. (SWM)
August 17, 2010 Filing 136 MOTION to Seal #135 PIONEERS OPPOSITION TO MYCOGENS MOTION FOR LEAVE TO FILE SURREPLY, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: # (1) Text of Proposed Order Proposed Order)(Brenza, Lindley) Modified on 8/18/2010 (JD). Modified on 8/18/2010 (TRG).
August 17, 2010 Filing 135 *** SEALED PER ORDER DATED 8/18/2010 *** SEALED RESPONSE re #133 SEALED MOTION for Leave to File Surreply in Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley) Modified on 8/18/2010 (SWM).
August 16, 2010 Filing 134 MOTION to Seal Document #133 SEALED MOTION for Leave to File Surreply in Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
August 16, 2010 Filing 133 *** SEALED PER ORDER DATED 8/18/2010 *** SEALED MOTION for Leave to File Surreply in Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Exhibit 1: Surreply in Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, # (2) Exhibit A: Excerpts from Deposition of Paul Schickler, # (3) Exhibit B: July 23, 2010 Letter from Deborah Pollack-Milgate to Lindley Brenza, # (4) Exhibit C: July 30, 2010 Letter from Lindley Brenza to Deborah Pollack-Milgate, # (5) Text of Proposed Order)(Schuster, Jennifer) Modified on 8/18/2010 (SWM).
August 12, 2010 Filing 132 TRIAL PROCEDURES AND PRACTICES before Judge Tanya Walton Pratt. (DWH)
August 9, 2010 Filing 131 MOTION to Seal Document #130 SEALED Reply in support of Motion to Exclude Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
August 9, 2010 Filing 130 *** SEALED PER ORDER DATED 8/18/2010 *** SEALED REPLY in support of Motion re #93 SEALED MOTION to Exclude Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit Excerpts from Vanderhart Deposition, #2 Exhibit Charts/Graphs, #3 Exhibit Excerpts from Thurman Deposition, #4 Exhibit Excerpts from Becerra Deposition)(Brenza, Lindley) Modified on 8/18/2010 (SWM).
August 9, 2010 Filing 129 REDACTION to #110 SEALED Response to Motion to Exclude the Expert Reports of Drs. Kevin Keller and Joanna Seddon by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
August 9, 2010 Filing 128 REDACTION to #112 SEALED Response to Motion to Exclude the Expert Report of Walter N. Thurman by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
August 5, 2010 Filing 127 MOTION to Seal Document #126 SEALED Reply in support of Motion to Exclude the Expert Reports of Drs. Keller and Seddon, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
August 5, 2010 Filing 126 *** SEALED PER ORDER DATED 8/18/2010 *** SEALED REPLY in support of Motion re #91 SEALED MOTION to Exclude The Expert Reports of Drs. Keller and Seddon, filed by Plaintiff AGRIGENETICS, INC.. (Yoon, Hongsun) Modified on 8/18/2010 (SWM).
August 5, 2010 Filing 125 MOTION to Seal Document #124 SEALED Reply in support of Motion to Exclude the Expert Report of Walter N. Thurman, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
August 5, 2010 Filing 124 *** SEALED PER ORDER DATED 8/18/2010 *** SEALED REPLY in support of Motion re #88 SEALED MOTION to Exclude the Expert Report of Walter Thurman, filed by Plaintiff AGRIGENETICS, INC.. (Yoon, Hongsun) Modified on 8/18/2010 (SWM).
August 5, 2010 Opinion or Order Filing 123 Entry and Order - On January 29, 2010, plaintiff filed #49 Motion of Plaintiff Mycogen for Summary Judgment. Plaintiffs motion is set for oral argument on August 24, 2010 at 9:00 a.m. The court will not be able to complete its analysis and prepare the necessary entry prior to the trial date scheduled for October 4, 2010. Accordingly, the court should continue a trial on its own motion if a dispositive motion remains pending 30 days before trial. The jury trial set for October 4, 2010, and the final pretrial conference set for September 9, 2010 are hereby VACATED. Final Pretrial Conference is RESET for 12/22/2010 09:00 AM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial is RESET for 1/10/2011 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 8/5/2010.(JD)
July 29, 2010 Filing 122 MOTION to Seal Document #121 SEALED Document Mycogen's Opposition to Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
July 29, 2010 Filing 121 SEALED per Order dated 8/18/2010 *** SEALED Opposition to #93 Pioneer's Motion to Exclude the Opinion Testimony of Jennifer Vanderhart, filed by Plaintiff AGRIGENETICS, INC. (Attachments: # (1) Exhibit Ex. 1 Collaboration Agreement, # (2) Exhibit Ex. 2 Eibl Deposition, # (3) Exhibit Ex. 3 Vanderhart Report, # (4) Exhibit Ex. 4 Schickler Deposition, # (5) Exhibit Ex. 5 Thurman Deposition, # (6) Exhibit Ex. 6 Vanderhart Deposition)(Yoon, Hongsun) Modified on 7/30/2010 (JD). Modified on 8/18/2010 (SWM).
July 28, 2010 Opinion or Order Filing 120 ORDER granting Pioneer's #113 Motion to Seal Document Number 112. Pioneer shall file redacted copies of these documents within ten (10) days from the date of this ORDER. Signed by Magistrate Judge Tim A. Baker on 7/28/2010. (SWM)
July 28, 2010 Opinion or Order Filing 119 ORDER granting Pioneer's #111 Motion to Seal Document Number 110. Signed by Magistrate Judge Tim A. Baker on 7/28/2010. (SWM)
July 28, 2010 Opinion or Order *** CONTINUATION OF DOCKET NUMBER 119 *** Pioneer shall file redacted copies of these documents within ten (10) days from the date of this ORDER. Signed by Magistrate Judge Tim A. Baker on 7/28/2010.(SWM)
July 28, 2010 Filing 118 Witness List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Exhibit List, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A - List of Documents)(Brenza, Lindley)
July 28, 2010 Filing 117 Witness List, filed by Plaintiff AGRIGENETICS, INC., Exhibit List, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
July 28, 2010 Opinion or Order Filing 116 SCHEDULING ORDER: Accordingly, this Court sets this matter for Oral Argument on August 24, 2010 at 9:00 a.m. in Courtroom 344, Birch Bayh Federal Building and United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana. Hearing shall be set for two (2) hours. Signed by Judge Tanya Walton Pratt on 7/28/2010.(DWH)
July 26, 2010 Filing 115 REDACTION to #94 SEALED Document Pioneer's Brief in Support of Its Motion to Exclude the Opinion Testimony of Jennifer Vanderhart by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
July 26, 2010 Filing 114 REDACTION to #93 SEALED MOTION to Exclude Opinion Testimony of Jennifer Vanderhart by PIONEER HI-BRED INTERNATIONAL, INC.. (Brenza, Lindley)
July 26, 2010 Filing 113 MOTION to Seal Document #112 SEALED Response to Motion to Exclude the Report of Walter Thurman, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
July 26, 2010 Filing 112 *** SEALED PER ORDER DATED 7/28/2010 *** SEALED RESPONSE re #88 SEALED MOTION to Exclude the Expert Report of Walter Thurman, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1 - Thurman Report, # (2) Exhibit 2 - Collaboration Agreement, # (3) Exhibit 3 - Vanderhart Report and Exhibits, # (4) Exhibit 4 - McConnell Deposition Pages, # (5) Exhibit 5 - Kaehler Deposition Pages, # (6) Exhibit 6 - Vanderhart Deposition Pages, # (7) Exhibit 7 - Thurman Deposition Pages)(Brenza, Lindley) Modified on 7/29/2010 (SWM).
July 26, 2010 Filing 111 MOTION to Seal Document #110 SEALED Response to Motion to Exclude the Expert Reports of Drs. Kevin Keller and Joanna Seddon, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
July 26, 2010 Filing 110 *** SEALED PER ORDER DATED 7/28/2010SEALED RESPONSE re #91 SEALED MOTION to Exclude The Expert Reports of Drs. Keller and Seddon, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Exhibit 1 - Caulder Deposition Pages, # (2) Exhibit 2 - Collaboration Agreement, # (3) Exhibit 3 - Wiltrout Deposition Pages, # (4) Exhibit 4 - Agrigenetics' Third Supplemental Answer, # (5) Exhibit 5 - Seddon CV, # (6) Exhibit 6 - Seddon Report, # (7) Exhibit 7 - Keller Report)(Brenza, Lindley) Modified on 7/29/2010 (SWM).
July 26, 2010 Filing 109 REDACTION to #92 SEALED Reply in support of Motion to Exclude The Expert Reports of Drs. Keller and Seddon by AGRIGENETICS, INC. (Yoon, Hongsun) Modified on 7/27/2010 (TRG).
July 26, 2010 Filing 108 REDACTION to #91 SEALED MOTION to Exclude The Expert Reports of Drs. Keller and Seddon by AGRIGENETICS, INC.. (Yoon, Hongsun)
July 26, 2010 Filing 107 REDACTION to #89 SEALED Reply in support of Motion to Exclude the Expert Report of Walter N. Thurman by AGRIGENETICS, INC.. (Yoon, Hongsun)
July 26, 2010 Filing 106 REDACTION to #88 SEALED MOTION to Exclude the Expert Report of Walter Thurman by AGRIGENETICS, INC.. (Yoon, Hongsun)
July 23, 2010 Filing 104 NOTICE of Appearance by Shelley M. Jackson on behalf of Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Jackson, Shelley)
July 22, 2010 Opinion or Order Filing 105 ORDER granting #103 Motion for Continuance. Final Pretrial Conference set for 9/9/2010 01:00 PM in room #330, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Jury Trial set for 10/4/2010 09:00 AM in room #344, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Tanya Walton Pratt. Signed by Judge Tanya Walton Pratt on 7/22/2010. (JD)
July 20, 2010 Filing 103 Unopposed MOTION for Continuance of Trial Date Due to Witness Unavailability, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
July 15, 2010 Opinion or Order Filing 102 ORDER granting deft/counterclaimant's #95 Motion to Seal Motion to exclude the opinion testimony of Jennifer Vanderhart, and its supporting brief and exhibits. Pioneer shall file redacted copies of these documents within ten (10) days from the date of this Order. Signed by Magistrate Judge Tim A. Baker on 7/15/2010. (SWM)
July 15, 2010 Opinion or Order Filing 101 ORDER granting pltf's #90 Motion for Leave to File Motion to exclude expert reports of Drs. Kevin Keller and Joanna Seddon and accompanying memorandum in support and confidential exhibits under seal. Futher, pltf shall file redacted copies w/i 10 calendar days of this Order. Signed by Magistrate Judge Tim A. Baker on 7/15/2010. (SWM)
July 15, 2010 Opinion or Order Filing 100 ORDER granting pltf's #87 Motion for Leave to File Motion to exclude the expert report of Walter N. Thurman, and accompanying memorandum in support and confidential exhibits under seal. Further, pltf shall file redacted copies of the motion to exclude memorandum and motion w/i 10 caldendar days of this Order. Signed by Magistrate Judge Tim A. Baker on 7/15/2010. (SWM)
July 13, 2010 Filing 99 SCHEDULING ENTRY: Due to the reassignment of the presiding judge in this case, please note the following changes: This cause remains set for final pretrial conference on Thursday, September 9, 2010 at 1:00 p.m., but the location is changed to Room 330 of the United States Courthouse (Judge Hamilton's chambers). This cause is reset for jury trial on Monday, September 27, 2010, at 9:00 a.m. and the location is changed to Room 344 of the United States Courthouse (Judge Pratt's courtroom). PLEASE NOTE THESE CHANGES.(TRG)
July 13, 2010 Filing 98 Submission of Signature Requirement re #95 MOTION to Seal Document #93 SEALED MOTION to Exclude Opinion Testimony of Jennifer Vanderhart, #94 SEALED Document Pioneer's Brief in Support of Motion to Exclude Opinion Testimony of Jennifer Vanderhart by PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
July 13, 2010 Filing 97 SEALED Submission of Signature Requirement, re #94 SEALED Document, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1 - Vanderhart Expert Report and Exhibits, #2 Exhibit 2 - Vanderhart Deposition Excerpts, #3 Exhibit 3 - Thurman Expert Report and Exhibits)(Brenza, Lindley)
July 13, 2010 Filing 96 SEALED Submission of Signature Requirement, re #93 SEALED Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Brenza, Lindley)
July 12, 2010 Filing 95 MOTION to Seal Document #93 SEALED MOTION to Exclude Opinion Testimony of Jennifer Vanderhart, #94 SEALED Document Pioneer's Brief in Support of Motion to Exclude Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Janzen, Todd)
July 12, 2010 Filing 94 SEALED Pioneer's Brief in Support Its Motion to Exclude Opinion Testimony of Jennifer Vanderhart, re #93 SEALED Motion, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Janzen, Todd)
July 12, 2010 Filing 93 *** SEALED PER ORDER DATED 7/15/2010 *** SEALED MOTION to Exclude Opinion Testimony of Jennifer Vanderhart, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: # (1) Text of Proposed Order)(Janzen, Todd) Modified on 7/16/2010 (SWM).
July 12, 2010 Filing 92 *** SEALED PER ORDER DATED 7/15/2010 *** SEALED Brief in Support of #91 MOTION to Exclude The Expert Reports of Drs. Keller and Seddon, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Exhibit Keller Expert Report, # (2) Exhibit Seddon Expert Report, # (3) Exhibit Deposition Transcript Keller, # (4) Exhibit Deposition Transcript Seddon, # (5) Exhibit Deposition Transcript Eibl, # (6) Exhibit Pioneer Email)(Yoon, Hongsun) Modified on 7/14/2010 (ADH). Modified on 7/16/2010 (SWM).
July 12, 2010 Filing 91 *** SEALED PER ORDER DATED 7/15/2010 *** SEALED MOTION to Exclude The Expert Reports of Drs. Keller and Seddon, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Text of Proposed Order)(Yoon, Hongsun) Modified on 7/16/2010 (SWM).
July 12, 2010 Filing 90 MOTION for Leave to File Motion to Exclude the Expert Reports of Drs. Keller and Seddon and Accompanying Memorandum in Support and Confidential Exhibits Under Seal, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
July 12, 2010 Filing 89 *** SEALED PER ORDER DATED 7/15/2010 *** SEALED Brief in Support of #88 MOTION to Exclude the Expert Report of Walter Thurman, filed by Plaintiff AGRIGENETICS, INC. (Yoon, Hongsun) Modified on 7/14/2010 (ADH). Modified on 7/16/2010 (SWM).
July 12, 2010 Filing 88 *** SEALED PER ORDER DATED 7/15/2010 *** SEALED MOTION to Exclude the Expert Report of Walter Thurman, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun) Modified on 7/16/2010 (SWM).
July 12, 2010 Filing 87 MOTION for Leave to File Motion to Exclude the Expert Report of Walter Thurman and Accompanying Memorandum in Support and Confidential Exhibits Under Seal, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
June 28, 2010 Filing 86 Reassignment of Case to Judge Tanya Walton Pratt. Judge Richard L. Young no longer assigned to the case. Please include the new case number (1:08-cv-802-TWP-TAB), which includes the initials of the newly assigned judge, on all future filings in this matter. (WJC)
June 18, 2010 Opinion or Order Filing 85 ORDER granting pltf's #84 Agreed Motion to extend deadlines for expert discovery and final witness and exhibit lists. The deadline for completion of expert witness discovery and damages discovery extended to 6/25/2010. The Deadline for objections to expert testimony extended to 7/28/2010. The Deadline for the parties to file and serve their final witness and exhibit lists extended to 7/28/2010. Signed by Magistrate Judge Tim A. Baker on 6/18/2010. (SWM)
June 15, 2010 Filing 84 Joint MOTION to Extend Deadlines for Expert Discovery and Final Witness and Exhibit Lists, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Schuster, Jennifer)
May 7, 2010 Filing 83 REDACTION to #78 SEALED Reply in support of Motion for Summary Judgment by AGRIGENETICS, INC.. (Schuster, Jennifer)
May 5, 2010 Filing 82 NOTICE of Appearance by Jennifer Lynn Schuster on behalf of Plaintiff AGRIGENETICS, INC.. (Schuster, Jennifer)
April 28, 2010 Opinion or Order Filing 81 ORDER granting Pltf's #80 Motion to Seal Dkt. Nos. 78 and 79. Pltf shall file redacted copies of the reply brief w/i 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 4/28/2010. (SWM)
April 23, 2010 Filing 80 MOTION to Seal Document #78 SEALED Reply in support of Motion, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
April 23, 2010 Filing 79 *** SEALED PER ORDER DATED 4/28/2010 *** EXHIBIT re #78 SEALED Reply in support of Motion Exhibit 197 by AGRIGENETICS, INC.. (Pollack-Milgate, Deborah) Modified on 4/29/2010 (SWM).
April 23, 2010 Filing 78 *** SEALED PER ORDER DATED 4/28/2010 *** SEALED REPLY in support of Motion re #49 SEALED MOTION for Summary Judgment, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit 3)(Pollack-Milgate, Deborah) Modified on 4/29/2010 (SWM).
April 19, 2010 Filing 77 REDACTION to #70 SEALED Response to Motion For Partial Summary Judgment by PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 001-Redacted Collaboration Agreement, #2 Exhibit 019-Redacted Caulder Dep. Jan 12, 2010, #3 Exhibit 20-Redacted Caulder Dep. Sept 12, 2006, #4 Exhibit 21-Redacted Hyon Dep. Oct 8, 2009, #5 Exhibit 23-Redacted Wiltrout Dep Mar 5, 2010, #6 Exhibit 24-Redacted Kaehler Dep Mar 5, 2010, #7 Exhibit 25-Redacted Iwig Dep Oct 8, 2009)(Brenza, Lindley)
April 19, 2010 Opinion or Order Filing 76 ORDER granting Parties' #75 Agreed Motion to extend deadlines for fact and expert discovery (see Order for established deadlines). Signed by Magistrate Judge Tim A. Baker on 4/19/2010. (SWM)
April 12, 2010 Filing 75 Joint MOTION to Extend Deadlines for Fact and Expert Discovery, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
April 7, 2010 Opinion or Order Filing 74 ORDER granting #71 Motion to Seal Brief in Opposition. Signed by Judge Richard L. Young on 4/7/2010. (PG)
April 5, 2010 Filing 73 MOTION Pioneer's Request for Oral Argument on Mycogen's Motion for Summary Judgment (Dkt. No.49), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order [Proposed]Order re Pioneer's Request for Oral Argument on Mycogen's Motion for Summary Judgment)(Brenza, Lindley)
April 5, 2010 Filing 72 EXHIBIT in Support of Response in Opposition to Motion re #71 MOTION to Seal Document #70 SEALED Response to Motion Pioneer's Brief in Opposition to Mycogen's Motion for Partial Summary Judgment NON-CONFIDENTIAL Exhibits In Support of Pioneer's Brief In Opposition to Mycogen's Motion for Partial Summary Judgment, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 2-Mycogen Corp. Disclosure, #2 Exhibit 3-2010 XL Bag and Tag Proofs, #3 Exhibit 4-2009 XL Bag and Tag Proofs, #4 Exhibit 5-HX and non-HX SL Bag Proofs, #5 Exhibit 6-Beck's Hybrids 2010 Seed Corn Pdts, #6 Exhibit 7-Notice of Opposition, #7 Exhibit 8-Order from Trademark and Appeal Board, #8 Exhibit 9-Goldman Sachs Presentation, #9 Exhibit 10-DuPont Unveils New Strategy, #10 Exhibit 11-ASTA Seed Expo 2008, #11 Exhibit 12-Pioneer and Becks Enter into Research Agmnt, #12 Exhibit 13-PROaccess Business Strategy, #13 Exhibit 14-Excerpts Agrigenetics Answers 1st Set of Interrogs, #14 Exhibit 15-Dictionary Excerpts, #15 Exhibit 17A-Mycogen Seed Bag, #16 Exhibit 17B-Mycogen Seed Bag, #17 Exhibit 17C-Mycogen Seed Bag, #18 Exhibit 18A-Renze Seed Bag, #19 Exhibit 18B-Renze Seed Bag, #20 Exhibit 22-Hyon Dep Ex 6A, #21 Exhibit 26-Dow Press Releases, #22 Exhibit 27-Hall Declaration, #23 Exhibit 28-Seddon Declaration, #24 Exhibit 29-Addy Declaration)(Brenza, Lindley)
April 5, 2010 Filing 71 MOTION to Seal Document #70 SEALED Response to Motion Pioneer's Brief in Opposition to Mycogen's Motion for Partial Summary Judgment, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order [Proposed] Order re Motion to Seal)(Brenza, Lindley)
April 5, 2010 Filing 70 SEALED RESPONSE re #49 SEALED MOTION for Summary Judgment Pioneer's Brief In Opposition To Mycogen's Motion For Partial Summary Judgment, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 1-Collaboration Agreement, #2 Exhibit 16-First Pages Distribution Agreements, #3 Exhibit 19-Caulder Jan 2010 Dep Excerpts, #4 Exhibit 20-Caulder Sep 2006 Dep Excerpts, #5 Exhibit 21-Hyon Dep Excerpts, #6 Exhibit 23-Wiltrout Dep Excerpts, #7 Exhibit 24-Kaehler Dep Excerpts, #8 Exhibit 25-Iwig Dep Excerpts)(Brenza, Lindley)
April 2, 2010 Opinion or Order Filing 69 ORDER granting deft/counterclaimant Pioneer's #55 Motion for Continuance motion for continuance under Rule 56(f). Pioneer seeks an extension of the deadline by which it must respond to the motion for summary judgment filed by Plaintiff and Counterdefendant Agrigenetics d/b/a Mycogen Seeds (Agrigenetics). [Docket No. 49.] The Court, being duly advised, finds that Agrigenetics' motion for summary judgment is premature. Accordingly, Pioneer's Rule 56(f) motion is granted. Pioneer shall file its response to Agrigenetics' motion for summary judgment by April 5, 2010. Signed by Magistrate Judge Tim A. Baker on 4/2/2010. (SWM)
March 11, 2010 Filing 68 AFFIDAVIT in Support of Reply in Support of Motion re #55 MOTION for Continuance Under Rule 56(f) (CORRECTED SUPPLEMENTAL AFFIDAVIT AS TO NOTARIZATION), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 9 - 2/26/2010 Yoon email to Addy)(Swanson, Brian)
March 11, 2010 Filing 67 AFFIDAVIT in Support of Reply in Support of Motion re #55 MOTION for Continuance Under Rule 56(f) (SUPPLEMENTAL AFFIDAVIT), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit 9 - 2/25/10 Email from Yoon to Addy)(Swanson, Brian)
March 11, 2010 Filing 66 REPLY in Support of Motion re #55 MOTION for Continuance Under Rule 56(f), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Swanson, Brian)
March 1, 2010 Filing 65 RESPONSE in Opposition re #55 MOTION for Continuance Under Rule 56(f), filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Pollack-Milgate, Deborah)
February 24, 2010 Opinion or Order Filing 64 Minute Order for proceedings held before Magistrate Judge Tim A. Baker: Telephone Status Conference held on 2/23/2010. Discussion held with respect to a dispute regarding the timing of Rule 30(b)(6) depositions. Due to issues associated with Agrigenetics' document production, the Court ordered that the Rule 30(b)(6) depositions scheduled for February 24, 2010, shall be rescheduled and completed by March 5, 2010. Signed by Magistrate Judge Tim A. Baker on 2/24/2010. (SWM)
February 22, 2010 Filing 63 REDACTION to #50 SEALED Document Brief In Support of Summary Judgment by AGRIGENETICS, INC.. (Pollack-Milgate, Deborah) (TRG).
February 22, 2010 Filing 62 REDACTION to #49 SEALED MOTION for Summary Judgment by AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
February 18, 2010 Opinion or Order Filing 61 ORDER granting pltf's #60 Motion to extend deadlines for expert discovery (see Order for established deadlines). Signed by Magistrate Judge Tim A. Baker on 2/18/2010. (SWM)
February 16, 2010 Filing 60 Joint MOTION to Extend Deadlines for Expert Discovery, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
February 11, 2010 Opinion or Order Filing 59 ORDER granting pltf's #52 Motion to Seal Document Numbers 49 & 50. Pltf shall file redacted copies of the S/J brief and motion w/i 10 calendar days of this ORDER. Signed by Magistrate Judge Tim A. Baker on 2/11/2010. (SWM)
February 11, 2010 Filing 58 Submission [Proposed] Order - Motion for Continuance Under Rule 56(f) (Doc. 55), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Swanson, Brian)
February 10, 2010 Filing 57 AFFIDAVIT in Support of Motion re #55 MOTION for Continuance Under Rule 56(f), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit Ex. 1 - Pioneer's First Set of Doc Requests, #2 Exhibit Ex. 2 - Pioneer's Second Set of Doc Requests, #3 Exhibit Ex. 3 - Pioneer Rule 30b6 Dep Notice, #4 Exhibit Ex. 4 - Pioneer 2nd Amended Rule 30b6 Dep Notice, #5 Exhibit Ex. 5 - Pioneer's First Set of Requests for Admission, #6 Exhibit Ex. 6 - Pioneer's Third Set of Interrogatories, #7 Exhibit Ex. 7 - Pioneer's First Set of Interrogatories, #8 Exhibit Ex. 8 2/5/2010 Letter to Yoon)(Swanson, Brian)
February 10, 2010 Filing 56 BRIEF/MEMORANDUM in Support re #55 MOTION for Continuance Under Rule 56(f), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Swanson, Brian)
February 10, 2010 Filing 55 MOTION for Continuance Under Rule 56(f), filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC.. (Swanson, Brian)
February 2, 2010 Filing 54 NOTICE of Manual Filing (attached), filed by Plaintiff AGRIGENETICS, INC. (Attachments: #1 Exhibit 4) (PG)
January 29, 2010 Filing 53 EXHIBIT re #50 SEALED Document Non-Confidential Exhibits in Support of Summary Judgment Motion by AGRIGENETICS, INC.. (Attachments: #1 Exhibit Notice of Manual Filing of Ex. 4, #2 Exhibit Ex. 5 Response to Interrogatory, #3 Exhibit Ex. 6A Black's Law Dictionary, #4 Exhibit Ex. 6B Webster's Dictionary, #5 Exhibit Ex. 6C Black's Law Dictionary, #6 Exhibit Ex. 6D Black's Law Dictionary, #7 Exhibit Ex. 6E Black's Law Dictionary, #8 Exhibit Ex. 8 Part 1 of 2 Pioneer printout, #9 Exhibit Ex. 8 Part 2 of 2 Pioneer printout, #10 Exhibit Ex. 9 Pioneer Tech Update, #11 Exhibit Ex. 10 Pioneer Brand HTF, #12 Exhibit Ex. 12 Pioneer news release, #13 Exhibit Ex. 13 Part 1 of 2 PROaccess Business Strategy, #14 Exhibit Ex. 13 Part 2 of 2 PROaccess Business Strategy, #15 Exhibit Ex. 14 Pioneer news release, #16 Exhibit Ex. 15 Pioneer press release, #17 Exhibit Ex. 16 Prioneer news release, #18 Exhibit Ex. 20 Caulder Deposition, #19 Exhibit Ex. 101 Photographs of Pioneer Seed Corn Bag, #20 Exhibit Ex. 102 Part 1 of 2 Photographs of Beck's Superior Seed Corn Bag, #21 Exhibit Ex. 102 Part 2 of 2 Photographs of Beck's Superior Seed Corn Bag, #22 Exhibit Ex. 103 Part 1 of 4 Photographs of Beck's XL Superior Seed Corn Bag, #23 Exhibit Ex. 103 Part 2 of 4 Photographs of Beck's XL Superior Seed Corn Bag, #24 Exhibit Ex 103 Part 3 of 3 Photographs of Beck's XL Superior Seed Corn Bag, #25 Exhibit Ex. 103 Part 4 of 4 Photographs of Beck's XL Superior Seed Corn Bag)(Pollack-Milgate, Deborah)
January 29, 2010 Filing 52 Amended MOTION to Seal Document #50 SEALED Document, #49 SEALED MOTION for Summary Judgment, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
January 29, 2010 Filing 51 ***SEE #52 *** MOTION to Seal Document #50 SEALED Document, #49 SEALED MOTION for Summary Judgment, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah) Modified on 2/1/2010 (PG).
January 29, 2010 Filing 50 *** SEALED PER ORDER DATED 2/11/2010 *** SEALED Brief in Support of Motion for Summary Judgment, re #49 SEALED Motion, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: # (1) Exhibit Collaboration Agreement, # (2) Exhibit Iwig Deposition, # (3) Exhibit Hyon Deposition, # (4) Exhibit VP MAXX Corn Seed Bag, # (5) Exhibit Asset Purchase Agreement, # (6) Exhibit Questions and Answers, # (7) Exhibit Curry Seed Company, # (8) Exhibit Caulder Deposition, # (9) Exhibit Plaintiff's Ex. 43, # (10) Exhibit Plaintiff's Ex. 49, # (11) Exhibit Plaintiff's Ex. 51)(Pollack-Milgate, Deborah) Modified on 2/12/2010 (SWM).
January 29, 2010 Filing 49 *** SEALED PER ORDER DATED 2/11/2020 *** SEALED MOTION for Summary Judgment, filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah) Modified on 2/12/2010 (SWM).
January 14, 2010 Opinion or Order Filing 48 ORDER on 1/11/2010, Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. Agrigenetics shall complete its production of documents relating to CHS Marketing, Triton Genetics, and damages by January 22, 2010, and shall complete it production of documents relating to Atlas brand soybeans by February 5, 2010. Signed by Magistrate Judge Tim A. Baker on 1/14/2010.(SWM)
January 5, 2010 Opinion or Order Filing 47 ORDER VACATING AND RESETTING TELEPHONIC STATUS CONFERENCE: The Court, on its own motion, vacates the telephonic status conference set for 3:30 p.m.on January 7, 2010, and resets this conference for 3:30 p.m. on January 11, 2010. All requirements in the order originally setting this conference shall remain in effect.Signed by Magistrate Judge Tim A. Baker on 1/5/2010.(SWM)
January 4, 2010 Opinion or Order Filing 46 SCHEDULING ORDER: Status Conference set for 1/7/2010 03:30 PM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address a discovery dispute. Signed by Magistrate Judge Tim A. Baker on 1/4/09.(SWM)
December 17, 2009 Opinion or Order Filing 45 ORDER on 12/15/2009, Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery and related matters. The fact discovery deadline is enlarged to April 15, 2010. The summary judgment deadline is enlarged to April 30, 2010 (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 12/17/09.(SWM)
December 10, 2009 Opinion or Order Filing 44 ENTRY RESETTING TELEPHONIC CONFERENCE: IT IS HEREBY ORDERED by the Court that the above referenced cause is reassigned for a telephonic conference on December 15, 2009, at 1:00 p.m. Parties shall appear by counsel, who shall contact the Court at 317-229-3660. The telephonic conference scheduled for December 10, 2009, is hereby vacated. Signed by Magistrate Judge Tim A. Baker on 12/10/2009.(SWM)
December 4, 2009 Opinion or Order Filing 43 SCHEDULING ORDER: Status Conference set for 12/10/2009 02:00 PM in Telephonic before Magistrate Judge Tim A. Baker. The purpose of this conference is to address a discovery dispute. Parties shall appear by counsel, who shall contact the Court at the number provided. Signed by Magistrate Judge Tim A. Baker on 12/4/2009.(SWM)
September 21, 2009 Opinion or Order Filing 42 JOINT STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Tim A. Baker on 9/21/2009. (See Order)(TRG)
September 17, 2009 Filing 41 Joint MOTION for Protective Order, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order Joint Stipulated Protective Order)(Yoon, Hongsun)
August 31, 2009 Filing 40 Witness List and Exhibit List (Preliminary), filed by Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Swanson, Brian)
July 27, 2009 Filing 39 Witness List and Exhibit Lists (Preliminary), filed by Plaintiff AGRIGENETICS, INC.. (Pollack-Milgate, Deborah)
July 20, 2009 Opinion or Order Filing 38 SCHEDULING ORDER: Final Pretrial Conference set for 9/9/2010 01:00 PM in room #353 before Judge Richard L. Young. Jury Trial set for 9/20/2010 09:00 AM in room #349 before Judge Richard L. Young. The Court allots five (5) days to try this case.(PG)
June 30, 2009 Opinion or Order Filing 37 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 4/12/2010 (see Order for other details). Signed by Magistrate Judge Tim A. Baker on 6/30/2009.(SWM)
June 22, 2009 Filing 36 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff AGRIGENETICS, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Pollack-Milgate, Deborah)
June 11, 2009 Opinion or Order Filing 35 ORDER on 6/11/2009, Telephonic Status Conference: Parties appeared by counsel June 11, 2009, for a telephonic status conference. Discussion held regarding settlement and related matters. Given that settlement discussions thus far have not resolved this matter, the case must move forward without further delay. The parties shall submit a proposed Case Management Plan by June 22, 2009. The previously submitted CMP [Docket No. 28] is denied. Signed by Magistrate Judge Tim A. Baker on 6/11/09.(SWM)
May 5, 2009 Opinion or Order Filing 34 ORDER ON 5/5/2009, Pretrial Conference. Parties appeared by counsel. Discussion held regarding settlement and related matters. SCHEDULING ORDER: Status Conference set for 6/11/2009 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at the number provided. The purpose of this conference is to address settlement. Signed by Magistrate Judge Tim A. Baker on 5/5/09.(SWM)
April 1, 2009 Opinion or Order Filing 33 ORDER granting parties' #32 Joint Motion for continuance of Pretrial Conference currently set for 4/2/2009. SCHEDULING ORDER: Pretrial Conference RESET for 5/5/2009 09:00 AM in room #234 before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 4/1/09. (SWM)
April 1, 2009 Filing 32 Joint MOTION for Extension of Time to Extend PreTrial Conference, filed by Plaintiff AGRIGENETICS, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Text of Proposed Order)(Pollack-Milgate, Deborah)
March 16, 2009 Opinion or Order Filing 31 ORDER granting deft/counterclaimant's #30 Motion for continuance of Pretrial Conference currently set for 3/30/2009. SCHEDULING ORDER: Pretrial Conference RESET for 4/2/2009 02:00 PM in room #234 before Magistrate Judge Tim A. Baker. Signed by Magistrate Judge Tim A. Baker on 3/16/09. (SWM)
March 9, 2009 Filing 30 Unopposed MOTION for Pretrial Conference Rescheduling, filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Janzen, Todd)
February 26, 2009 Opinion or Order Filing 29 ORDER on 2/24/2009, Initial Pretrial Conference. Parties appeared by counsel. CMP approval is stayed pending further order. SCHEDULING ORDER: Pretrial Conference set for 3/30/2009 11:00 AM in room #234 before Magistrate Judge Tim A. Baker. Parties shall attend by counsel, with clients available by telephone throughout the duration of this conference. The purpose of this conference is to address settlement and CMP approval, if necessary. Signed by Magistrate Judge Tim A. Baker on 2/26/09.(SWM)
February 19, 2009 Filing 28 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff AGRIGENETICS, INC., Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Counter Defendant AGRIGENETICS, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Pollack-Milgate, Deborah)
January 30, 2009 Filing 27 REDACTION Exhibit A to #1 Complaint by AGRIGENETICS, INC.. (SWM)
January 30, 2009 Opinion or Order Filing 26 ORDER granting pltf's #22 Motion to Seal Exhibit A attached to pltf's complaint. The Clerk is directed to enter on the docket the redacted version of Exibit A attached to pltf's motion to seal. Signed by Magistrate Judge Tim A. Baker on 1/30/09. (SWM)
January 30, 2009 Opinion or Order Filing 25 ORDER granting deft/counterclaimant's #24 Motion for Continuance of Initial Pretrial Conference currently set for 2/9/2009. SCHEDULING ORDER: Initial Pretrial Conference RESET for 2/24/2009 02:30 PM in room #234 before Magistrate Judge Tim A. Baker. The Court further orders the parties to submit their CMP no later than three (3) days prior to the rescheduled conference. Signed by Magistrate Judge Tim A. Baker on 1/30/09. (SWM)
January 30, 2009 Filing 24 Unopposed MOTION for Continuance of the Initial Pretrial Conference, filed by Counter Claimant PIONEER HI-BRED INTERNATIONAL, INC., Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Janzen, Todd)
January 6, 2009 Opinion or Order Filing 23 SCHEDULING ORDER: Initial Pretrial Conference set for 2/9/2009 09:00 AM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than three business days prior to the ptc (See Order). Signed by Magistrate Judge Tim A. Baker on 1/6/09.(SWM)
December 29, 2008 Filing 22 Unopposed MOTION to Seal Document #1 Complaint Exhibit A, filed by Plaintiff AGRIGENETICS, INC.. (Attachments: #1 Exhibit A (redacted Agreement), #2 Text of Proposed Order Proposed Order)(Yoon, Hongsun)
December 12, 2008 Opinion or Order Filing 21 MARGINAL ENTRY granting IN PART pltf's #15 Motion to Seal Exhibit A to Complaint. It appears as though portions of Exhibit A to pltf's complaint may be sealed, but good cause has not been established to seal the entire exhibit. Accordingly, the Clerk shall place Exhibit A to complaint under seal, but counsel shall w/i 10 days of this order file with the Court a copy of this exhibit with only those portions of the exhibit redacted that, in good faith, may properly be kept from the public eye. Signed by Magistrate Judge Tim A. Baker on 12/12/08. (SWM)
December 11, 2008 Filing 20 ANSWER to Counterclaim, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Yoon, Hongsun)
December 8, 2008 Opinion or Order Filing 19 ORDER granting #12 Motion to Appear pro hac vice. Attorney Sundeep K. Addy for PIONEER HI-BRED INTERNATIONAL, INC. added. Signed by Magistrate Judge Tim A. Baker on 12/8/08. (SWM)
December 8, 2008 Opinion or Order Filing 18 ORDER granting #11 Motion to Appear pro hac vice. Attorney Lindley J. Brenza for PIONEER HI-BRED INTERNATIONAL, INC. added. Signed by Magistrate Judge Tim A. Baker on 12/8/08. (SWM)
December 8, 2008 Opinion or Order Filing 17 ORDER granting #10 Motion to Appear pro hac vice. Attorney Brian C. Swanson for PIONEER HI-BRED INTERNATIONAL, INC. added. Signed by Magistrate Judge Tim A. Baker on 12/8/08. (SWM)
December 4, 2008 Filing 16 Corporate Disclosure Statement by PIONEER HI-BRED INTERNATIONAL, INC. identifying Corporate Parent E.I. DUPONT DE NEMOURS & COMPANY for PIONEER HI-BRED INTERNATIONAL, INC... (Janzen, Todd)
December 4, 2008 Filing 15 Unopposed MOTION to Seal Document #1 Complaint Exhibit A, filed by Plaintiff AGRIGENETICS, INC., Counter Defendant AGRIGENETICS, INC.. (Attachments: #1 Text of Proposed Order)(Yoon, Hongsun)
November 21, 2008 Filing 14 Defendant Pioneer Hi-Bred International, Inc.'s ANSWER to Complaint, COUNTERCLAIM against AGRIGENETICS, INC., filed by PIONEER HI-BRED INTERNATIONAL, INC.. (Attachments: #1 Exhibit A)(Janzen, Todd)
November 12, 2008 Filing 13 RECEIPT #IP009936 in the amount of $ 90.00 for PHV fees (CBU)
November 12, 2008 Filing 12 MOTION for Attorney(s) Sundeep K Addy to Appear pro hac vice filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order)(CBU)
November 12, 2008 Filing 11 MOTION for Attorney(s) Lindley J Brenza to Appear pro hac vice filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order)(CBU)
November 12, 2008 Filing 10 MOTION for Attorney(s) Brian Swanson to Appear pro hac vice filed by Defendant PIONEER HI-BRED INTERNATIONAL, INC. (Attachments: #1 Text of Proposed Order)(CBU)
November 12, 2008 Filing 9 NOTICE of Appearance by Christopher J. Braun on behalf of Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Braun, Christopher)
November 12, 2008 Filing 8 NOTICE of Appearance by Todd J. Janzen on behalf of Defendant PIONEER HI-BRED INTERNATIONAL, INC.. (Janzen, Todd)
October 1, 2008 Filing 7 RETURN of Personal Service, filed by AGRIGENETICS, INC.. PIONEER HI-BRED INTERNATIONAL, INC. served on 10/1/2008. (Knebel, Donald)
June 13, 2008 Filing 6 Corporate Disclosure Statement by AGRIGENETICS, INC. identifying Other Affiliate MYCOGEN CORPORATION, Other Affiliate MYCOGEN PLANT SCIENCE, INC., Other Affiliate THE DOW CHEMICAL COMPANY, Other Affiliate CENTEN AG INC., Other Affiliate ROFAN SERVICES INC for AGRIGENETICS, INC. (JD)
June 13, 2008 Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JD)
June 13, 2008 Filing 4 Summons Issued as to PIONEER HI-BRED INTERNATIONAL, INC. (JD)
June 13, 2008 Filing 3 RECEIPT #IP007605 in the amount of $ 350.00 (JD)
June 13, 2008 Filing 2 CIVIL COVER SHEET, filed by Plaintiff AGRIGENETICS, INC. (JD)
June 13, 2008 Filing 1 COMPLAINT against PIONEER HI-BRED INTERNATIONAL, INC. with Jury Demand, filed by AGRIGENETICS, INC. (Attachments: # *** SEALED PER ORDER DATED 12/12/08 and 1/30/09 *** (1) Exhibit A- Collaboration Agreement, # (2) Exhibit B- Air Planter Suggestions, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N)(JD) Modified on 12/15/2008 (SWM). Modified on 2/2/2009 (SWM).

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Search for this case: AGRIGENETICS, INC. v. PIONEER HI-BRED INTERNATIONAL, INC.
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Plaintiff: AGRIGENETICS, INC. doing business as MYCOGEN SEEDS
Represented By: Deborah Pollack-Milgate
Represented By: Aaron M. Staser
Represented By: Hongsun Yoon
Represented By: Jennifer Lynn Schuster
Represented By: Dennis P. Stolle
Represented By: Donald E. Knebel
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Defendant: PIONEER HI-BRED INTERNATIONAL, INC.
Represented By: Nosson D. Knobloch
Represented By: Brian C. Swanson
Represented By: Christopher J. Braun
Represented By: Lindley J. Brenza
Represented By: Shelley M. Jackson
Represented By: Sundeep K. Addy
Represented By: Todd J. Janzen
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Counter defendant: AGRIGENETICS, INC.
Represented By: Aaron M. Staser
Represented By: Deborah Pollack-Milgate
Represented By: Donald E. Knebel
Represented By: Hongsun Yoon
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