HECKLER & KOCH, INC. v. GERMAN SPORT GUNS GMBH et al
Plaintiff: HECKLER & KOCH, INC.
Defendant: AMERICAN TACTICAL IMPORTS, INC. and GERMAN SPORT GUNS GMBH
Counter Claimant: AMERICAN TACTICAL IMPORTS, INC. and GERMAN SPORT GUNS GMBH
Counter Defendant: HECKLER & KOCH, INC.
Case Number: 1:2011cv01108
Filed: August 12, 2011
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A. Baker
Presiding Judge: Sarah Evans Barker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 14, 2015 Opinion or Order Filing 504 ORDER - on Pending Motions; We ADOPT Magistrate Judge Baker's Report and Recommendation Docket No. 493 as to Defendants' two motions for sanctions [Docket Nos. 384 386 . Defendants' motion for sanctions pursuant to Rule 11 [Docket No. 384] is GRANTED; Defendants' motion for sanctions pursuant to Rules 26 and 37 [Docket No. 386 is GRANTED in part and DENIED in part, as detailed above and in Magistrate Judge Baker's Report and Recommendation. Plaintiffs' motion for certification of interlocutory appeal Docket No. 399 is DENIED. Signed by Judge Sarah Evans Barker on 8/14/2015.(CKM)
May 19, 2015 Opinion or Order Filing 492 ORDER denying Defendants' 452 Motion for Leave to File a Second Motion for Summary Judgment; denying Defendants' 483 Motion for Oral Argument (see Order for details). Signed by Magistrate Judge Tim A. Baker on 5/19/2015. (SWM)
December 24, 2014 Opinion or Order Filing 425 ORDER on Pending Motions. Defendants' motion to strike Plaintiffs' affirmative defenses to counterclaims 282 is DENIED as moot, as detailed above. Plaintiffs' motion for summary judgment 329 is GRANTED with respect to Countercl aim Counts I, III, IV, VI, VII, VIII, and IX. The motion is GRANTED as to Counterclaim Count V with respect to paragraph 14 of the Agreement and DENIED with respect to paragraph 5 of the Agreement, as detailed above. Defendants' motion for su mmary judgment 331 is DENIED with respect to Counterclaim Counts I, III, IV, V, VI, VII, VIII, IX, X, XI and XII and with respect to Counts I, II, V, VI, VII, and IX of Plaintiffs' Amended Complaint (SEE ORDER). Signed by Judge Sarah Evans Barker on 12/24/2014. (MAC)
April 11, 2014 Opinion or Order Filing 289 ORDER ON COUNTERCLAIMANTS' 235 MOTION FOR RECONSIDERATION. Signed by Judge Sarah Evans Barker on 4/11/2014. (JD)
March 28, 2014 Opinion or Order Filing 287 ORDER granting in part and denying in part Plaintiffs HK and Third-party Defendants Weber and Ihloff's 239 Motion for for leave to take third-party discovery and to allow oral deposition of Blue August (see Order). Signed by Magistrate Judge Tim A. Baker on 3/28/2014. (SWM)
March 6, 2014 Opinion or Order Filing 272 ORDER ON PLAINTIFFS' OBJECTIONS - The Court overrules HK's objection to the Magistrate Judge's order to produce communications or documents listed in the privilege logs specified above that include Umarex. Accordingly, in that respect the Magistrate Judge's Orders are affirmed and those materials are ordered to be produced to Defendants no later than March 20, 2014. The additional objections remain under advisement. Signed by Judge Sarah Evans Barker on 3/6/2014. (JD)
February 7, 2014 Opinion or Order Filing 255 ORDER granting in part and denying in part 208 Motion to Compel; granting in part and denying in part 210 Motion to Compel (see Order). Signed by Magistrate Judge Tim A. Baker on 2/7/2014. (SWM)
November 1, 2013 Opinion or Order Filing 232 ORDER denying Defendants' 200 Motion to Compel and for Sanctions (see Order). Signed by Magistrate Judge Tim A. Baker on 11/1/2013. (SWM)
September 30, 2013 Opinion or Order Filing 215 ORDER denying 57 Motion to Strike and granting in part and denying in part 103 Motion to Dismiss for Failure to State a Claim. Counts I and II for actual and constructive fraud are dismissed as to all Plaintiffs and Third-Party Defendants. Coun ts III for deception and VII for tortious interference with business relations are dismissed with respect to Third-Party Defendant Ihloff, but stand with respect to Third-Party Defendant Weber. The remaining counts stand undisturbed. Signed by Judge Sarah Evans Barker on 9/30/2013. (PGS)
May 31, 2013 Opinion or Order Filing 180 ORDER entered regarding Continental's and Mosteller's 125 Motion for Protective Order (see Order). Signed by Magistrate Judge Tim A. Baker on 5/31/2013. (SWM)
September 20, 2012 Opinion or Order Filing 78 ORDER ON PLAINTIFF'S REQUEST FOR ADDITIONAL DEPOSITION TIME: Plaintiff's counsel is scheduled to take six depositions in Germany between September 25 and 27. The deponents primarily speak G erman and require an interpreter. Plaintiff asserts that the use of an interpreter will slow the pace of the depositions, and therefore has requested relief from the seven-hour time limitat ion imposed by Federal Rule of Civil Procedure 30(d)(1).1 Specifically, Plaintiff seeks to enlarge the seven-hour limitation by three hours per deponent. Defendants object. Defendants' objection is sustained (see Order for details) c/m. Signed by Magistrate Judge Tim A. Baker on 9/20/2012.(SWM)
May 10, 2012 Opinion or Order Filing 44 ORDER granting Plaintiff's 35 Motion for Leave to Amend the Complaint. Because Plaintiff did not properly file the proposed amended complaint as an exhibit separate from its motion, see Local Rule 5-6(a), Plaintiff is given leave to refile the amended complaint within 14 days, which is deemed filed as of February 10, 2012, the date of Plaintiff's motion for leave (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 5/10/2012. (SWM)
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Counter claimant: AMERICAN TACTICAL IMPORTS, INC.
Represented By: Neal F. Bailen
Represented By: Douglas B. Bates
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Counter claimant: GERMAN SPORT GUNS GMBH
Represented By: Neal F. Bailen
Represented By: Douglas B. Bates
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Defendant: AMERICAN TACTICAL IMPORTS, INC.
Represented By: Neal F. Bailen
Represented By: Douglas B. Bates
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Defendant: GERMAN SPORT GUNS GMBH
Represented By: Neal F. Bailen
Represented By: Douglas B. Bates
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Counter defendant: HECKLER & KOCH, INC.
Represented By: Darlene R. Seymour
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Plaintiff: HECKLER & KOCH, INC.
Represented By: Darlene R. Seymour
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