Stephens v. Ziegmann et al
| Carlis G Stephens |
| Neil P. Ziegmann, N.P.Z., Inc., Tina Schultz, Thielen Marketing, Inc., James Thielen, Minnesota Trapline Products, Inc., Timothy Caven, Robert Caven, Inglish Farms, Inc., Shawn Inglis, Harry Nestell, Phoenix Composite Solutions, Inc., John Chagnon, Cumberland's Northwest Trappers Supply, Inc., Rural King Distribution & Management, Inc., Orscheln Farm and Home, LLC, Stephen Chick, Justin Chick, Jeb Hollingshead, Okie Cable & Trap Supply, LLC, Jay Berlin, The Sportsman's Guide, Inc., Fleming Outdoors, LLC and Eric Fleming |
| 4:2015cv00954 |
| June 17, 2015 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Warren |
| Henry Edward Autrey |
| Patent |
| 15 U.S.C. ยง 1126 |
| Plaintiff |
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Filing
145
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) by Defendant Justin Chick, [Doc. No. 84], Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3), Failure to State a Claim under Rule (b)(6), and Lack of Personal Jurisdiction Under Rule 12(b)(2) by Defendant Jay Berlin. [Doc. No. 86], Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) and Failure to State a Claim Under Rule (b)(6) by Defendant Stephen Chick, [Doc. No. 88], Motion to Dismiss Party for Improper venue under Rule 12(b)(3), Failure to State a Claim under Rule 12(b)(6) and Lack of Personal Jurisdiction under 12(b)(2) by Defendant Jeb Hollingshead, [Doc. No. 90], Motion to Dismiss Party for Improper Venue, Failure to State a Claim for Personal Liability and Lack of Personal Jurisdiction by Defendant John Chagnon, [Doc. No. 92], Motion to Dismiss Party for Improper Venue and Lack of Personal Jurisdiction by Defendant Fleming Outdoors, LLC., [Doc . No. 94], Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) and Lack of Personal Jurisdiction Under 12(b)(2) by Defendant Okie Cable & Trap Supply, LLC., [Doc. No. 96], Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) and Lack of Personal Jurisdiction Under Rule 12(b)(2) by Defendant Phoenix Composite Solutions, Inc.., [Doc. No. 98], Motion to Dismiss Party for Improper Venue and Lack of Personal Jurisdiction by Defendant Cumberland's Northwest Trappers Supply, I nc.. [Doc. No. 100], Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) and Lack of Personal Jurisdiction Under 12(b)(2) by Defendant The Sportsman's Guide, Inc.. [Doc. No. 104], Motion to Dismiss Party for Improper Venue, Failure to State a Claim for Personal Liability and Lack of Personal Jurisdiction by Defendant Tina Schultz.[Doc. No. 107], Motion to Dismiss Party for Failure to State a Claim Upon Which Relief Can Be Granted by Defendant Orscheln Farm and Home, LLC., [Doc. N o 110], Motion to Dismiss Party for Improper Venue, Failure to State a Claim for Personal Liability, and Lack of Personal Jurisdiction by Defendant James Thielen, [Doc. No. 111], Motion to Dismiss Party for Improper Venue, Failure to State a Claim fo r Personal Liability, and Lack of Personal Jurisdiction by Defendant Eric Fleming, [Doc. No. 114], Motion to Dismiss Party for Improper Venue and Lack of Personal Jurisdiction by Defendant Thielen Marketing, Inc., [Doc. No 117], Motion to Dismiss Par ty for Improper Venue Under Rule 12(b)(3), Failure to State a Claim Under Rule 12(b)(6), and Lack of Personal Jurisdiction Under 12(b)(2) by Defendant Neil P. Ziegmann, Doc. No. 119], and Motion to Dismiss Party for Improper Venue Under Rule 12(b)(3) , Lack of Personal Jurisdiction Under Rule 12(b)(2), and Failure to State a Claim Under Rule 12(b)(6) by Defendant N.P.Z., Inc.., [Doc. No 122], are granted. IT IS FURTHER ORDERED that The Patent infringement claims against Neil P. Ziegmann and N.P.Z ., Inc. are transferred to the Northern District, Western Division of Iowa. The Patent infringement claims against Tina Dugan f/k/a Tina Schultz are transferred to the Northern District, Central Division of Iowa. The Patent infringement claims agains t James R. Thielen, Thielen Marketing, Inc., The Sportsmans Guide, Inc., Jay Berlin and Cumberlands Northwest Trappers Supply, Inc. are transferred to the District of Minnesota. The Patent infringement claims against Phoenix Composite Solutions, Inc. d/b/a PCS Outdoors and John Chagnon are transferred to the Eastern District of Michigan. The Patent infringement claims against Jeb Hollingshead and Okie Cable & Trap Supply, LLC are transferred to the Eastern District of Oklahoma.The Patent infring ement claims against Fleming Outdoors, LLC and James Eric Fleming a/k/a Jim Fleming are transferred to the Middle District of Alabama.The Patent infringement claims against Stephen Chick and Justin Chick are transferred to the Western District of Mis souri. IT IS FURTHER ORDERED the patent infringement claims against Orscheln Farm and Home, LLC, is dismissed for failure to state a claim. IT IS FURTHER ORDERED the Lanham Act claims (Counts V and VI) against Neil P. Ziegmann and N.P.Z., Inc. are di smissed for failure to state a claim. IT IS FURTHER ORDERED that Plaintiff is given 10 days from the date of this Opinion, Memorandum and Order to amend the claims remaining in this District. 86 104 94 117 107 114 96 84 100 90 88 119 92 122 111 98 110 Signed by District Judge Henry Edward Autrey on 5/14/18. (CLA)
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