Minnesota, State of v. CMI of Kentucky, Inc. Featured Case

Plaintiff State of Minnesota alleged that Defendant CMI of Kentucky, Inc. breached its contract for the sale and maintenance of a fleet of evidentiary breath test instruments by failing to provide the State with the computer source code used to program the computer-operated functions of the breath testing instrument. Plaintiff also stated that Defendant agreed to release information pertaining to the instrument when ordered to do so by courts handling cases in which an evidentiary breath test is part of the evidence and that any documentation and copyrighted material conceived or originated and arising out of the contract would become the sole property of the State.

Plaintiff: Minnesota, State of
Defendant: CMI of Kentucky, Inc.
Case Number: 0:2008cv00603
Filed: March 3, 2008
Court: US District Court for the District of Minnesota
Office: DMN Office
County: Ramsey
Presiding Judge: Boylan
Presiding Judge: Frank
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 501 Copyright Infringement
Jury Demanded By: None
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Date Filed Document Text
February 26, 2010 Opinion or Order Filing 222
ORDER FOR JOINT FEDERAL-STATE STATUS CONFERENCE. A Joint State-Federal Status Conference (Status Conference) on the above entitled matter has been set for 2:00 p.m. on Tuesday, March 23, 2010, in Courtroom 7C, 7th Floor, Warren E. Burger Federal and United States Courthouse, 316 North Robert Street, St. Paul, Minnesota. This hearing will be presided over by the undersigned, along with United States Magistrate Judge Arthur J. Boylan, and State First Judicial District Judge Jerome B. Abrams. This Court, along with the Honorable Jerome B. Abrams,reserves the right to preside separately following the conclusion of the Status Conference in the event that it is necessary for either the federal court or the state court to separately address the issues before it at the Status Conference. For that reason, the Court has set aside two courtrooms and will make the necessary conference rooms available, if necessary. The Court reserves the right to hear the motion presently pending before the Courton March 23, 2010, or on a date to be established by this Court once a briefing schedule has been established, absent a stipulation being reached in the matter. Signed by Judge Donovan W. Frank on 2/26/2010. (BJS)
February 19, 2010 Filing 221
CERTIFICATE OF SERVICE by Minnesota Society for Criminal Justice re 218 Memorandum in Support of Motion, 217 Notice of Hearing on Motion, 216 First MOTION for Order to Grant Access to Materials Necessary to Perform a Meaningful Source Code Review, 220 LR7.1 Word Count Compliance Certificate, 219 Declaration in Support. (Ramsay, Charles)
February 10, 2010 Filing 215
NOTICE of Appearance by Kristi A Nielsen on behalf of Minnesota, State of. (Nielsen, Kristi)
January 29, 2010 Filing 213
LETTER TO DISTRICT JUDGE DONOVAN W. FRANK AND JUDGE JEROME B. ABRAMS re correspondence by Source Code Coalition by CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service)(McNab, William) Modified on 2/1/2010 (kt).
January 26, 2010 Filing 212
LETTER TO DISTRICT JUDGE re status of the source code litigation by Minnesota Society for Criminal Justice. (Halberg, Marsh) Modified text on 1/27/2010 (kt).
November 19, 2009 Filing 211
Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 11/19/2009. The attorneys are instructed to conduct settlement discussions (without the Court's involvement) early next week. The attorneys agree to report on such settlement discussions early next week. The Court reserves the right to set a hearing at which time the experts will appear. (Court Reporter Jeanne Anderson) (BJS)
August 12, 2009 Filing 208
Minute Entry for proceedings held before Judge Donovan W. Frank: Telephone Conference held on 8/12/2009. (Court Reporter Jeanne Anderson) (GMO)
July 16, 2009 Filing 207
JUDGMENT (Attachments: # 1 Civil-8th Circuit Pre-Hearing Conference Notice, # 2 Civil Notice - appeal)(kt)
June 19, 2009 Filing 204
Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 6/19/2009 re 178 Joint MOTION to Approve Consent Judgment and Permanent Injunction filed by Minnesota, State of, CMI of Kentucky, Inc. (Court Reporter Jeanne Anderson) (GMO)
June 16, 2009 Filing 203
CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 198 Memorandum in Support of Motion, 200 Affidavit in Support of Motion, 199 Affidavit in Support of Motion, for Entry of Proposed Consent Judgment and Additional Findings of Fact and Conclusions of Law.(Aafedt, David)
June 12, 2009 Filing 195
BRIEF Amicus Curiae of Suburban Hennepin County Prosecutors Association. (Schneider, Mark) Modified text on 6/15/2009 (kt).
June 11, 2009 Filing 192
NOTICE of Appearance by Erin A Oglesbay on behalf of CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service)(Oglesbay, Erin)
June 5, 2009 Filing 190
LETTER TO DISTRICT JUDGE by Suburban Hennepin County Prosecutors Association. (Schneider, Mark)
June 4, 2009 Filing 189
Amicus Curiae APPEARANCE entered by William A Lemons on behalf of Minnesota County Attorneys Association. (Lemons, William)
June 3, 2009 Opinion or Order Filing 188
ORDER. Signed by Judge Donovan W. Frank on 6/3/09. (GMO)
June 2, 2009 Filing 187
CERTIFICATE OF SERVICE of 185 NOTICE, 184 MOTION by CMI of Kentucky, Inc. (McNab, William) Modified text and link on 6/3/2009 (kt).
June 1, 2009 Filing 182
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 181 Objection. (Ramsay, Charles)
May 29, 2009 Filing 174
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 5/29/2009. Settlement reached. (kt)
May 18, 2009 Filing 180
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 5/18/2009. No settlement reached. (kt)
May 15, 2009 Filing 162
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 158 Memorandum in Opposition to Motion, 160 Declaration in Opposition, 159 Declaration in Opposition, 161 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles)
May 11, 2009 Filing 149
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Settlement Conference held on 5/11/2009. Parties are to initiate a conference call with Magistrate Judge Arthur J. Boylan on 5/13/09 at 2:30 p.m. (kt)
May 7, 2009 Opinion or Order Filing 147
PROTECTIVE ORDER. Signed by Magistrate Judge Arthur J. Boylan on 5/7/09. (kt)
May 6, 2009 Filing 148
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: No Settlement Conference held on 5/6/2009. Settlement Conference continued to 5/11/09 at 1:30 p.m. at Winthrop & Weinstine in Mpls. (kt)
April 24, 2009 Filing 143
LETTER TO MAGISTRATE JUDGE requesting appearance by telephone for settlement conference by Minnesota, State of. (Attachments: # 1 Certificate of Service)(Gilbert, Alan) Modified text on 4/27/2009 (kt).
April 17, 2009 Filing 142
CERTIFICATE OF SERVICE by Minnesota, State of re 129 Affidavit in Support of Motion, 132 Affidavit in Support of Motion, 127 Memorandum in Support of Motion, 128 Affidavit in Support of Motion, 130 Affidavit in Support of Motion, 131 Affidavit in Support of Motion, 141 Affidavit in Support of Motion. (Gilbert, Alan)
April 16, 2009 Filing 126
LETTER from Judge Donovan W. Frank regarding State of Minnesota, by Michael Campion, its Commissioner of Public Safety v. CMI of Kentucky, Inc. (Attachments: # 1 Attachment ) (GMO)
April 14, 2009 Filing 125
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 4/14/2009. (kt)
April 2, 2009 Filing 124
CERTIFICATE OF SERVICE by Minnesota, State of re 122 MOTION to Amend/Correct for Partial Summary Judgment and an order for specific performance or permanent injunction, or in the alternative for a prelimnary injunction, 123 Amended Notice of Hearing on Motion, (Gilbert, Alan)
March 27, 2009 Filing 121
LETTER from Judge Donovan W. Frank regarding State of Minnesota, by Michael Campion, its Commissioner of Public Safety v. CMI of Kentucky, Inc., Civil No. 08-603 (DWF/AJB).(GMO)
March 26, 2009 Filing 120
CERTIFICATE OF SERVICE of 119 LETTER to District Judge by CMI of Kentucky, Inc. (McNab, William) Modified text on 3/27/2009 (kt).
March 13, 2009 Filing 117
CERTIFICATE OF SERVICE by Minnesota, State of re 115 MOTION for Partial Summary Judgment and Permanent Injunction or Preliminary Injunction, 116 Notice of Hearing on Motion (Gratz, Emerald)
March 10, 2009 Filing 114
NOTICE of Appearance by Alan I Gilbert on behalf of Minnesota, State of (Attachments: # 1 Certificate of Service)(Gilbert, Alan)
March 5, 2009 Opinion or Order Filing 111
AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/1/2008, Discovery due by 11/1/2009, Motions (non-disp) due 1/2/2009, Motions (disp) due by 4/17/2009, Ready for trial due by 5/1/2010. Signed by Magistrate Judge Arthur J. Boylan on 3/5/09. (kt)
March 4, 2009 Filing 109
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 3/4/2009. Settlement Conference to be held, an order will be issued. (kt)
February 27, 2009 Opinion or Order Filing 108
ORDER/NOTICE: Status Conference set for 3/4/2009 08:00 AM in Judge's Chambers before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 2/27/09. (jam)
February 20, 2009 Filing 100
BENCH TRIAL NOTICE Bench Trial set for 5/11/2009 09:00 AM in Courtroom 7C (STP) before Judge Donovan W. Frank. (GMO)
February 16, 2009 Filing 99
CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 96 Memorandum in Support of Motion, 98 LR7.1 Word Count Compliance Certificate, 97 Affidavit in Support of Motion to Dismiss Plaintiff-Intervenor Jacobsen (McNab, William)
February 9, 2009 Opinion or Order Filing 95
ORDER denying 34 Motion to Approve Consent Judgment. Signed by Judge Donovan W. Frank on 2/9/09. (GMO)
February 6, 2009 Filing 94
CERTIFICATE OF SERVICE by Christopher D. Jacobsen re 93 LR7.1 Word Count Compliance Certificate, 92 Declaration in Opposition, 91 Memorandum in Opposition to Motion to Dismiss (Ramsay, Charles)
January 22, 2009 Filing 90
EXHIBIT re 88 Letter to District Judge, 89 Affidavit by Minnesota Society for Criminal Justice. (Halberg, Marsh)
January 21, 2009 Filing 89
AFFIDAVIT of Marsh J. Halberg re 88 Letter to District Judge by Minnesota Society for Criminal Justice. (Halberg, Marsh)
January 14, 2009 Filing 87
Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 1/14/2009 re 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION filed by Minnesota, State of, CMI of Kentucky, Inc.. (Court Reporter Jeanne Anderson) (GMO)
January 11, 2009 Filing 86
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 85 Declaration in Support, 83 Reply Brief, 84 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles) Modified text on 1/12/2009 (kt).
January 9, 2009 Filing 82
CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 78 RESPONSE, 79 AFFIDAVIT, 80 LR 7.1 Word Count Compliance Certificate, 81 DECLARATION. (McNab, William) Modified text and links on 1/12/2009 (kt).
January 6, 2009 Filing 77
CERTIFICATE OF SERVICE by CMI of Kentucky, Inc. re 74 Memorandum in Support of Motion, 75 LR7.1 Word Count Compliance Certificate, 76 Affidavit in Support of Motion to Dismiss the Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen (McNab, William)
December 31, 2008 Filing 73
BRIEF Amicus Curiae filed by Minnesota County Attorneys Association. (Lemons, William)
December 19, 2008 Filing 69
CERTIFICATE OF SERVICE by Minnesota, State of re 68 Notice of Withdrawal as Attorney - Peter D. Magnuson (Gratz, Emerald)
December 2, 2008 Filing 67
AMENDED NOTICE of Hearing on Motion 62 MOTION to Dismiss Complaint in Intervention of Plaintiff-Intervenor Christopher D. Jacobsen : Motion Hearing set for 2/20/2009 09:00 AM in St. Paul - Courtroom 7C before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(McNab, William)
November 26, 2008 Opinion or Order Filing 65
ORDER. Hearing set for 12/12/08 is rescheduled to 1/14/09 at 1:30 p.m. Order also addresses amicus and briefing issues. Signed by Judge Donovan W. Frank on 11/26/2008. (rlb)
November 25, 2008 Filing 66
Minute Entry for proceedings held before Judge Donovan W. Frank: Status Conference held on 11/25/2008. (Court Reporter Jeanne Anderson) (GMO)
November 20, 2008 Filing 60
CERTIFICATE OF SERVICE by Minnesota, State of re 59 Notice of Appearance (Lebowski, Jeffrey)
November 6, 2008 Opinion or Order Filing 58
ORDER Magistrate Judge Arthur J. Boylans order of September 16, 2008(Doc. No. 37 ) is respectfully REVERSED. The Applicants First Motion to Intervene as Plaintiffs-Intervenors (Doc. No. 13 ) is GRANTED. Signed by Judge Donovan W. Frank on 11/6/08. (GMO)
October 31, 2008 Filing 57
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 54 Declaration in Support,, 53 Memorandum in Support of Motion, 55 Declaration in Support, 56 LR7.1 Word Count Compliance Certificate, 52 First MOTION for Hearing re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene (Ramsay, Charles)
October 28, 2008 Filing 51
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by CMI of Kentucky, Inc. re 47 Memorandum in Support of Motion. (Attachments: # 1 Certificate of Service)(McNab, William)
October 14, 2008 Filing 43
RESPONSE re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene filed by all defendants. (Attachments: # 1 LR7.1 Word Count Compliance Certificate, # 2 Certificate of Service)(McNab, William)
October 1, 2008 Filing 42
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 41 LR7.1 Word Count Compliance Certificate, (Ramsay, Charles)
September 30, 2008 Filing 39
LR7.1 WORD COUNT COMPLIANCE CERTIFICATE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 38 APPEAL/OBJECTION OF MAGISTRATE JUDGE DECISION to District Judge re 37 Order on Motion to Intervene filed by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen. (Ramsay, Charles)
September 16, 2008 Opinion or Order Filing 37
REVERSED PER 58 ORDER. ORDER denying 13 Motion to Intervene. Signed by Magistrate Judge Arthur J. Boylan on 9/16/08. (jam) Modified text on 11/6/2008 (kt).
September 12, 2008 Filing 36
NOTICE OF HEARING ON MOTION 34 Joint MOTION to Approve Consent Judgment AND PERMANENT INJUNCTION : Motion Hearing set for 12/12/2008 09:00 AM in St. Paul - Courtroom 7C before Judge Donovan W. Frank. (Attachments: # 1 Certificate of Service)(McNab, William)
August 22, 2008 Filing 33
NOTICE of Withdrawal as Attorney - Martin A. Carlson (Attachments: # 1 Affidavit of Service)(Gratz, Emerald)
August 18, 2008 Filing 32
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Status Conference held on 8/18/2008. (jam)
July 30, 2008 Filing 31
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 7/30/2008. A settlement conference has been tentatively scheduled with the Court for August 18, 2008, at 1:30 p.m. in St. Paul. (jam)
July 23, 2008 Filing 30
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference held on 7/23/2008. (jam)
July 16, 2008 Filing 29
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: taking under advisement 13 Motion to Intervene; Motion Hearing held on 7/16/2008. Order to be issued. (Tape #79-80(Ctrm. 4)(STP)) (jam)
July 9, 2008 Filing 28
AFFIDAVIT of WILLIAM A. MCNAB in OPPOSITION TO 13 First MOTION to Intervene as Plaintiffs-Intervenors filed by CMI of Kentucky, Inc.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2a, # 3 Exhibit(s) 2b, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4-10, # 6 Certificate of Service)(McNab, William)
July 2, 2008 Filing 23
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Telephone Conference regarding settlement discussions held on 7/2/2008. (kt)
June 27, 2008 Filing 22
Minute Entry for proceedings held before Magistrate Judge Arthur J. Boylan: Settlement Conference held on 6/27/2008. Parties are to initiate a telephonic conference call with the Court on Wednesday, July 2, 2008, at 8:30 a.m. Mr. McNab to initiate the call. (jam)
June 9, 2008 Filing 21
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 20 Amended Notice of Hearing on Motion (Ramsay, Charles)
June 6, 2008 Filing 19
CERTIFICATE OF SERVICE by Christopher D. Jacobsen, Robert J. Bergstrom, Craig A. Zenobian, Shane M. Steffensen re 18 Notice of Appearance, 13 First MOTION to Intervene as Plaintiffs-Intervenors, 15 Memorandum in Support of Motion, 17 LR7.1 Word Count Compliance Certificate, 14 Notice of Hearing on Motion, 16 Declaration in Support,, (Ramsay, Charles)
May 20, 2008 Opinion or Order Filing 12
PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 6/1/2008, Discovery due by 10/31/2008, Motions (non-disp) due 1/2/2009, Motions (disp) due by 3/1/2009, Ready for trial due by 5/1/2009. Signed by Magistrate Judge Arthur J. Boylan on 5/20/08. (kt)
May 15, 2008 Filing 9
CERTIFICATE OF SERVICE by Minnesota, State of re 7 Reply to Counterclaim (Carlson, Martin)
May 13, 2008 Filing 8
REPORT Joint Rule 26(f) Report by both parties. (Carlson, Martin) Modified text on 5/14/2008 (kt).
April 29, 2008 Filing 7
REPLY to Counterclaim by Minnesota, State of. (Carlson, Martin)
April 11, 2008 Filing 6
NOTICE of Appearance by David M Aafedt on behalf of CMI of Kentucky, Inc. (Attachments: # 1 Certificate of Service)(Aafedt, David)
April 10, 2008 Opinion or Order Filing 5
ORDER/NOTICE of Pretrial Conference: Rule 26 Meeting Report due by 5/13/2008, Pretrial Conference set for 5/20/2008 10:30 AM in St Paul - Suite 720 before Magistrate Judge Arthur J. Boylan. Signed by Magistrate Judge Arthur J. Boylan on 4/10/08. (Attachments: # 1 Consent Form)(kt)
April 9, 2008 Filing 4
RULE 7.1 DISCLOSURE STATEMENT by CMI of Kentucky, Inc. of MPD, INC. as corporate parent and/or publicly held company. (Attachments: # 1 Certificate of Service)(McNab, William)
March 7, 2008 Filing 2
RETURN OF SERVICE EXECUTED re Summons and Complaint. CMI of Kentucky, Inc. served on 3/5/2008, answer due 3/25/2008. (Carlson, Martin) Modified on 3/10/2008 (kt). Modified text on 3/13/2008 (kt).
March 3, 2008 Filing 1
COMPLAINT against all defendants ( Filing fee $ 350 receipt number 3941.) assigned to Judge Donovan W. Frank per Master List referred to Magistrate Judge Arthur J. Boylan, filed by Minnesota, State of. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet) (dch)
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Plaintiff: Minnesota, State of
Represented By: Emerald A Gratz
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Defendant: CMI of Kentucky, Inc.
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