Babcock Power Inc. et al v. Kapsalis
Plaintiff: Babcock Power Inc. and Vogt Power International, Inc.
Defendant: Stephen T. Kapsalis
Case Number: 3:2013cv00717
Filed: July 17, 2013
Court: US District Court for the Western District of Kentucky
Office: Louisville Office
County: Jefferson
Presiding Judge: John G. Heyburn
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. ยง 1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
April 8, 2019 Opinion or Order Filing 650 MEMORANDUM OPINION AND ORDER by Senior Judge Charles R. Simpson III - Defendant's Motion to Alter and Amend Judgment (DN 622 ) is GRANTED. The prior-entered Trial Order and Judgment (DN 620 ) is VACATED. An amended Trial Order and Judgment will be entered contemporaneously with this Memorandum Opinion and Order. cc: Counsel (KD)
March 7, 2019 Opinion or Order Filing 633 MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 3/6/2019 - For the reasons stated in the Memorandum Opinion, the motion to amend will be granted in part and denied in part by separate order. A modified Permanent Injunction will be entered in accordance with this opinion. cc: Counsel (KD)
December 6, 2018 Opinion or Order Filing 603 Jury Instructions. (JM)
April 24, 2018 Opinion or Order Filing 500 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 4/24/2018 - Within fourteen (14) days of entry of this memorandum opinion and order, plaintiffs shall pay to Kapsalis the amount of $57,108.92. cc:counsel (DAK)
January 5, 2018 Opinion or Order Filing 488 MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 1/4/2018. For the reasons set forth, Plaintiff's 477 Renewed Motion to Amend Scheduling Order to Permit Limited Discovery is GRANTED. Parties shall CONFER AND TENDER an agreed order of discovery consistent with this Memorandum Opinion and Order within FOURTEEN (14) DAYS FROM THE DATE OF ENTRY OF THIS ORDER. cc: Counsel(RLK)
September 28, 2017 Opinion or Order Filing 468 MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III on 9/27/2017, re Plaintiff's 455 Objections re Magistrate Judge's 450 Memorandum Opinion and Order. cc: Counsel (RLK)
June 30, 2017 Opinion or Order Filing 450 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay. Motion for Discovery (DN 398 ) is denied. Request for additional discovery and sanctions are denied; however, Court will, sua sponte, sanction plaintiffs. Plaintiffs to pay to Ka psalis reasonable attorneys' fees and expenses as set forth. Within 14 days Kapsalis to file itemization of attorneys' fees and expenses as set forth. Within 14 days of filing by Kapsalis of such documentation, plaintiffs to pay amount re quested or file objections as to reasonableness of amounts claimed. Plaintiffs prohibited from using information obtained pursuant to January 23, 2017 subpoena as set forth. Plaintiffs must destroy hard drive as set forth and file notice of compliance. cc: Counsel(JAC)
March 30, 2017 Opinion or Order Filing 434 MEMORANDUM OPINION signed by Senior Judge Charles R. Simpson, III on 3/30/2017, re Defendant Stephen H. Kapsalis' 119 Joint MOTION for Summary Judgment, Plaintiff's 143 MOTION for Contempt, Defendant Stephen H. Kapsalis' 281 Joint MOTION for Summary Judgment, and Plaintiff's 426 MOTION for Leave to File Supplemental Evidence of Contempt. cc: Counsel (RLK)
December 8, 2016 Opinion or Order Filing 381 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay granting in part and denying in part 260 Motion to Compel Discovery Regarding Dr. Andy Cobb. Kapsalis to comply with this Order no later than 1/23/2017. cc: Counsel (JAC)
December 2, 2016 Opinion or Order Filing 380 MEMORANDUM OPINION ORDER signed by Magistrate Judge Colin H. Lindsay on 12/2/2016, GRANTING IN PART AND DENYING IN PART Defendant Stephen T. Kapsalis' 228 Motion to Compel. Plaintiff's are to comply with this Memorandum Opinion and Order by 1/14/2017. cc: Counsel(RLK)
November 16, 2016 Opinion or Order Filing 378 MEMORANDUM OPINION AND ORDER signed by Magistrate Judge Colin H. Lindsay on 11/14/2016, DENYING 232 Motion for Protective Order. Deposition of Plaintiffs' corporate representative(s) shall take place after 11/11/2016. cc: Counsel(RLK)
October 5, 2016 Opinion or Order Filing 361 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay. Joint Motion for Sanctions (DN 223 ) is denied. By 11/4/2016, plaintiffs to file either notice or revised list of claimed trade secrets as set forth. cc: Counsel(JAC)
September 27, 2016 Opinion or Order Filing 353 MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 9/27/2016. For the reasons set forth, the 258 Objections of Defendant Stephen Kapsalis and non-party Carol Kapsalis to the 246 Memorandum Opinion and Order of the United States Magistrate Judge are OVERRULED.cc: Counsel (RLK)
September 15, 2016 Opinion or Order Filing 352 MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 9/14/2016. For the reasons set forth, Plaintiffs' 196 Motion to Compel is DENIED IN PART AND GRANTED IN PART. Defendant Express shall COMPLY with this Order by 10/12/2016. cc: Counsel(RLK)
September 14, 2016 Opinion or Order Filing 351 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 9/13/2016 - 242 Motion for Fees is DENIED. cc: Counsel(DAK)
August 3, 2016 Opinion or Order Filing 333 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay denying 219 Joint Motion for Protective Order. cc: Counsel(JAC)
July 25, 2016 Opinion or Order Filing 300 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay. Motion to Compel (DN 190 ) is denied as moot. Request for attorneys' fees contained therein is denied. By 8/8/2016, Kapsalis to file and serve answers to questions set forth. Motion to Seal (DN 210 ) is granted. cc: Counsel(JAC)
April 28, 2016 Opinion or Order Filing 246 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay. Motion for Protective Order for Non-Party Carol Kapsalis (DN 202 ) is granted in part and denied in part as set forth. cc: Counsel(JAC)
February 26, 2016 Opinion or Order Filing 204 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay granting in part and denying in part Motion for Protective Order, to Quash Subpoena, and for Sanctions, Including Cost-Shifting (DN 118 ). Motion is granted insofar as it seeks to q uash the subpoena issued by counsel for plaintiffs to non-party Sterling Group, L.P. Motion is denied insofar as it requests a protective order against future discovery and sanctions against plaintiffs and that plaintiffs bear the cost of future discovery. cc: Counsel(JAC)
December 30, 2015 Opinion or Order Filing 158 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay. For reasons set forth, the Motion to Compel (DN 127 ) filed by plaintiffs is denied. Parties to make effort to come to agreement regarding scope of plaintiffs' discovery requests. cc: Counsel (JAC)
December 17, 2015 Opinion or Order Filing 156 MEMORANDUM OPINION AND ORDER by Magistrate Judge Colin H. Lindsay on 12/17/2015 - Joint Motion for Protective Order (DN 117) is DENIED. Plaintiffs are GRANTED leave to depose Kapsalis a second time. cc: Counsel(DAK)
December 24, 2013 Opinion or Order Filing 34 MEMORANDUM OPINION by Judge John G. Heyburn, II on 12/23/20113; The Court will enter an Order consistent with this Memorandum Opinion.cc:counsel (TLB)
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Search for this case: Babcock Power Inc. et al v. Kapsalis
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Plaintiff: Babcock Power Inc.
Represented By: Kelly B. Gallagher
Represented By: Shannon Antle Hamilton
Represented By: Pamela J. Moore
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Plaintiff: Vogt Power International, Inc.
Represented By: Kelly B. Gallagher
Represented By: Shannon Antle Hamilton
Represented By: Pamela J. Moore
Represented By: Rebecca A. Weis
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Defendant: Stephen T. Kapsalis
Represented By: Nicole S. Elver
Represented By: Mark S. Fenzel
Represented By: Dennis D. Murrell
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