Outdoor Leisure Products, Inc v. Dansons, Inc. et al
Outdoor Leisure Products, Inc and Masterbuilt Manufacturing, LLC |
Paul J. Simon, Dansons, Inc. and Michael R. Giebel |
3:2017cv05029 |
May 5, 2017 |
US District Court for the Western District of Missouri |
Joplin Office |
Newton |
Roseann Ketchmark |
Robert E Larsen |
Other Statutory Actions |
18 U.S.C. § 1836 |
Both |
Docket Report
This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 114 Order of Dismissal with prejudice per #113 Stipulation of Dismissal. Signed on 2/12/2019 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Stout, Courtney) |
Filing 113 STIPULATION of dismissal by Masterbuilt Manufacturing, LLC. (Gilman, Stacey) |
Filing 112 ORDER denying #103 Motion for Rule to Show Cause. Signed on 1/31/2019 by District Judge Roseann Ketchmark. (Martin, Elizabeth) |
Filing 111 NOTICE of filing PLAINTIFFS' LIMITED SUR-REPLY IN FURTHER OPPOSITION TO DEFENDANTS' MOTION FOR RULE TO SHOW CAUSE by Masterbuilt Manufacturing, LLC re #103 MOTION for Order (SEALED) Motion for Rule to Show Cause (Gilman, Stacey) |
Filing 110 ORDER granting #109 Plaintiff's unopposed motion for leave to file sur-reply. The Court contacted Defendants' counsel via email, and Defendants stated they do not oppose the motion. Signed on 10/23/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Stout, Courtney) |
Filing 109 MOTION for leave to file Limited Sur-Reply of Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 11/5/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Gilman, Stacey) |
Filing 108 REPLY SUGGESTIONS to motion re #103 MOTION for Order (SEALED) Motion for Rule to Show Cause filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. (Related document(s) #103 ) (Muffo, Patrick) |
Filing 107 SUGGESTIONS in opposition (SEALED) re #103 MOTION for Order (SEALED) Motion for Rule to Show Cause OPPOSITION TO MOTION FOR RULE TO SHOW CAUSE filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC. Reply suggestions due by 10/15/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14)(Related document(s) #103 ) (Gilman, Stacey) |
Filing 106 THIRD AMENDED SCHEDULING ORDER: The only item changed in this Third Amended Scheduling Order is the location of the Court Status Conference. The Status Conference is set for 2/14/2019 10:00 AM in Courtroom 8E, Kansas City (RK) before District Judge Roseann Ketchmark. Signed on 10/1/2018 by District Judge Roseann Ketchmark. (Stout, Courtney) |
Filing 105 ORDER granting #104 motion to seal document. The Court reached out to Defendants via email, and they do not oppose the motion. Signed on 10/1/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Stout, Courtney) |
Filing 104 MOTION to seal document Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC's Motion For Leave to File Under Seal Plaintiffs' Opposition to Defendants' Motion for Rule to Show Cause filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 10/12/2018 unless otherwise directed by the court. (Gilman, Stacey) |
Filing 103 MOTION for Order (SEALED) Motion for Rule to Show Cause filed by Patrick T Muffo on behalf of Dansons, Inc., Michael R. Giebel, Paul J. Simon. Suggestions in opposition/response due by 10/1/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Trade Secret Identification Document, #2 Exhibit B - May 26, 2017 email Millikin to Muffo, #3 Exhibit C - Defendants' First Set of Interrogatories, #4 Exhibit D - Plaintiffs' Second Supplemental Responses to Defendants' First Set of Interrogatories, #5 Exhibit E - OLP 3791, #6 Exhibit F - OLP 3736, #7 Exhibit G - OLP 181, #8 Exhibit H - February 27, 2018 Transcript Excerpt, #9 Exhibit I - June 22, 2018 Email Halsey to Muffo, #10 Exhibit J - June 4, 2018 Transcript Excerpt, #11 Exhibit K - April 27, 2017 Email FTM to Davidson, #12 Exhibit L - USA v. Harmon Plea Agreement, #13 Exhibit M - Swarmify Order)(Muffo, Patrick) |
Filing 102 ORDER granting #101 Motion for Leave to File Under Seal. Defendants may file their motion for rule to show cause and accompanying exhibits under seal. Signed on 9/17/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Phillips, Caleb) |
Filing 101 MOTION to seal document filed by Patrick T Muffo on behalf of Dansons, Inc., Michael R. Giebel, Paul J. Simon. Suggestions in opposition/response due by 9/28/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Proposed Order)(Muffo, Patrick) |
Filing 100 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc.'s Identification of Trade Secrets filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 99 ORDER regarding discovery dispute and identification of trade secrets. Signed on 8/7/2018 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 98 SECOND AMENDED SCHEDULING ORDER: Status Conference set for 2/14/2019 10:00 AM. Discovery due by 3/27/2019. Dispositive Motions due by 4/26/2019. Initial Pretrial Conference set for 8/23/2019 10:00 AM. Final Pretrial Conference set for 9/19/2019 10:00 AM. Jury Trial set for 9/23/2019 08:30 AM in Courtroom 2, Springfield before District Judge Roseann Ketchmark. Signed on 8/7/2018 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 97 Joint MOTION to amend/correct the Scheduling Order filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 8/7/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A)(Gilman, Stacey) |
Filing 96 ORDER granting #94 motion to appear pro hac vice entered by Clerk of Court. Attorney Paul J Yovanic, Jr defendants allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a WDMO e-filing account for NextGen CM/ECF. This will enable counsel to electronically file documents and receive electronic notification of filings. Register for a WDMO e-filing account at #PACER. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) |
Filing 95 ELECTRONIC TRANSCRIPT of Telephone Conference held 06/07/2018 before Judge Roseann Ketchmark. Court Reporter: Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. Number of pages: 13. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 7/23/2018 unless otherwise directed by the court. Release of Transcript Restriction set for 10/11/2018.(Crawford, Jean) |
Filing 94 Motion to allow Paul J. Yovanic, Jr. to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-5853544) filed by Phillip D. Greathouse on behalf of All Defendants. (Greathouse, Phillip) |
Filing 93 ORDER granting #91 motion to seal document. Defendants are permitted to file their Reply Discovery Brief under seal. Signed on 6/26/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Perry, Madison) |
Filing 92 DISCOVERY DOCUMENT (SEALED) by Dansons, Inc., Michael R. Giebel, Paul J. Simon re #89 Discovery Document (Sealed),, #87 Discovery Document (Sealed),, REPLY DISCOVERY BRIEF filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. (Attachments: #1 Exhibit H - Transcript from June 4, 2018 Court Conference Call)(Muffo, Patrick) Modified on 6/27/2018 (Siegert, Karen). |
Filing 91 MOTION to seal document filed by Patrick T Muffo on behalf of Dansons, Inc., Michael R. Giebel, Paul J. Simon. Suggestions in opposition/response due by 7/9/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A - Proposed Order)(Muffo, Patrick) |
Filing 90 ORDER granting #88 motion to seal document. Plaintiff is permitted to file its Response to Defendants' Discovery Brief under seal. Signed on June 22, 2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Wheeler, LaTandra) |
Filing 89 DISCOVERY DOCUMENT (SEALED) by Masterbuilt Manufacturing, LLC re #83 Order of Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC's Response to Defendants' Discovery Brief filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC. Related document: #83 Order. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Gilman, Stacey) |
Filing 88 MOTION to seal document Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC's Response to Defendants' Discovery Brief filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 7/5/2018 unless otherwise directed by the court. (Gilman, Stacey) |
Filing 87 DISCOVERY DOCUMENT (SEALED) by Dansons, Inc., Michael R. Giebel, Paul J. Simon filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. (Attachments: #1 Exhibit A - Plea Agreement in United States v. Harmon, #2 Exhibit B - Transcript from February 27, 2018 Court Conference Call, #3 Exhibit C - April 27, 2017 email FTM to OLP, #4 Exhibit D - Plaintiffs' Second Supplemental Responses to Defendants' First Set of Interrogatories, #5 Exhibit E - OLP 3791, #6 Exhibit F - OLP 3736, #7 Exhibit G - OLP 181)(Muffo, Patrick) |
Filing 86 ORDER granting #85 Motion for Leave to File Under Seal. Defendants are permitted to file their Discovery Brief under seal. Signed on 6/18/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Perry, Madison) |
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 6/14/2018 as Document No. 85-1, Exhibit A - Proposed Order. The proposed order attached to the motion has been deleted. Per Administrative Procedures any proposed orders are to be emailed to the Courtroom Deputy in Word or WordPerfect format. This is a text entry only - no document is attached. (Schroeppel, Kerry) |
Filing 85 MOTION to seal document filed by Patrick T Muffo on behalf of Dansons, Inc., Michael R. Giebel, Paul J. Simon. Suggestions in opposition/response due by 6/28/2018 unless otherwise directed by the court. (Attachments: # 1 Exhibit A - Proposed Order)(Muffo, Patrick) |
Filing 84 ELECTRONIC TRANSCRIPT of Telephone Conference held 6/4/2018 before Judge Roseann A. Ketchmark. Court Reporter: Jean Crawford, 816-512-5642, jean_crawford@mow.uscourts.gov. Number of pages: 86. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 6/15/2018 unless otherwise directed by the court. Release of Transcript Restriction set for 9/4/2018.(Crawford, Jean) |
Filing 83 ORDER regarding discovery dispute telephone conferences held 6/4/2018 and 6/7/2018. Signed on 6/7/2018 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 82 Minute Entry. Proceedings held before District Judge Roseann Ketchmark: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 6/7/2018. Counsel appearing for Plaintiff(s): Margaret Millikin appearing for Plaintiff Outdoor Leisure Products, Inc; Anna Halsey and Stacey Gilman appearing for Plaintiff Masterbuilt Manufacturing, LLC. Counsel appearing for Defendant(s): Patrick Muffo appearing for Defendants. Discovery dispute issues discussed on the record. Time in court: 2:05 p.m. to 2:22 pm. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642. This is a TEXT ONLY ENTRY. No document is attached. (Wheeler, LaTandra) |
Filing 81 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Discovery Dispute Telephone Conference set for 6/7/2018 02:00 PM in Chambers before District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 80 Minute Entry. Proceedings held before District Judge Roseann Ketchmark: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 6/4/2018. Margaret Millikin appearing for Plaintiff Outdoor Leisure Products, Inc.; Anna Halsey and Stacey Gilman appearing for Plaintiff Masterbuilt Manufacturing, LLC; Patrick Muffo appearing for Defendants. Discovery dispute issues discussed on the record. Time in court: 11:02 pm to 1:36 pm. To order a transcript of this hearing please contact Jean Crawford, 816-512-5642. (Perry, Madison) |
Filing 79 ORDER granting #78 motion to withdraw as attorney. Attorney Walter S. Freitag terminated. Signed on 5/29/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Perry, Madison) |
Filing 78 MOTION to withdraw as attorney PLAINTIFF'S MOTION TO WITHDRAW WALTER S. FREITAG AS COUNSEL OF RECORD filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 6/8/2018 unless otherwise directed by the court. (Gilman, Stacey) |
Filing 77 ORDER denying #71 Motion to Redact #68 Electronic Transcript. Signed on 5/24/2018 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 76 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Discovery Dispute Telephone Conference set for 6/4/2018 11:00 AM in Chambers before District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 75 RESPONSE TO ORDER TO SHOW CAUSE by Masterbuilt Manufacturing, LLC. and Outdoor Leisure Products, Inc. (Gilman, Stacey) Modified on 4/11/2018 at the request of counsel to include both Plaintiff's names in docket text.Document filed is correct. NEF regenerated to all parties. (Travis, Kendra) |
Filing 74 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Discovery Responses filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 73 ORDER TO SHOW CAUSE why #71 Plaintiffs' Motion to Redact should be granted.Show Cause Response due by 4/10/2018. Signed on 4/3/2018 by District Judge Roseann Ketchmark. (Perry, Madison) |
NOTICE OF HEARING CANCELLATION - Status Conference set for 4/5/2018 10:00 AM, Initial Pretrial Conference set for 10/5/2018 01:30 PM, Final Pretrial Conference set for 11/1/2018, and Jury Trial set for 11/5/2018 09:00 AM have been cancelled due to First Amended Scheduling Order #66 setting forth updated dates/times. This is a TEXT ONLY ENTRY. No document is attached. (Wheeler, LaTandra) |
Filing 72 RESPONSE to motion re #71 MOTION to Redact #68 Electronic Transcript Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC's Consolidated (1) Notice of Intent to Redact and (2) Motion to Redact Portions of Preliminary Injunction Hearing Trans filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. Reply suggestions due by 4/16/2018 unless otherwise directed by the court. (Muffo, Patrick) |
Filing 71 MOTION to Redact #68 Electronic Transcript Plaintiffs Outdoor Leisure Products, Inc. and Masterbuilt Manufacturing, LLC's Consolidated (1) Notice of Intent to Redact and (2) Motion to Redact Portions of Preliminary Injunction Hearing Transcript; and Incorporated Memorandum in Support filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 4/10/2018 unless otherwise directed by the court. (Related document(s) #68 ) (Gilman, Stacey) |
Filing 70 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Discovery Responses filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 69 ORDER directing Plaintiffs and Defendants to meet and confer to establish appropriate search terms with respect to Defendants' discovery dispute issue No. 2 which was taken up at the discovery dispute hearing 61 on 2/27/2018. Per email communications with counsel, the parties will revisit the issue at this time without further in camera review by the Court. Therefore, the Court will cease its in camera review at this time. Signed on 3/20/2018 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Perry, Madison) |
Filing 68 ELECTRONIC TRANSCRIPT of telephone conference held February 27, 2018, before Judge Roseann Ketchmark. Court Reporter: Kathy Calvert, 816-512-5741, kathy_calvert@mow.uscourts.gov. Number of pages: 72. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the parties' intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.mow.uscourts.gov. Please read this policy carefully. NOTICE: Attorneys must contact the court reporter for copies during this 90 day period. Notice of Intent to File Redaction of Transcripts due by 3/27/2018 unless otherwise directed by the court. Release of Transcript Restriction set for 6/15/2018.(Calvert, Kathy) |
Filing 67 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Status Conference via telephone set for 8/24/2018 10:30 AM in Chambers before District Judge Roseann Ketchmark. (Wheeler, LaTandra) |
Filing 66 This Order has been amended. Please refer to the Second Amended Scheduling Order (Doc. #98 ). FIRST AMENDED SCHEDULING ORDER: Discovery due by 9/21/2018. Dispositive Motions due by 10/19/2018. Initial Pretrial Conference set for 2/8/2019 01:00 PM. Final Pretrial Conference set for 3/7/2019 01:00 PM. Jury Trial set for 3/11/2019 09:00 AM in Springfield before District Judge Roseann Ketchmark. Signed on 3/7/2018 by District Judge Roseann Ketchmark. (Perry, Madison) Modified on 8/9/2018 (Wheeler, LaTandra). |
Filing 65 Joint PROPOSED SCHEDULING ORDER (AMENDED) by Masterbuilt Manufacturing, LLC. (Gilman, Stacey) |
Filing 64 ORDER granting #62 motion to appear pro hac vice entered by Clerk of Court. Attorney Walter S Freitag for Masterbuilt Manufacturing, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) |
Filing 63 CERTIFICATE OF SERVICE by Dansons, Inc., Michael R. Giebel, Paul J. Simon Service of 30(b)(6) Objections, Responses to Plaintiffs' Second Set of Interrogatories, and First and Second Supplemental Responses to Plaintiffs' First Set of Interrogatories filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon.(Muffo, Patrick) |
Filing 62 Motion to allow Walter S. Freitag to appear pro hac vice (Pro Hac fee $100 receipt number 0866-5667762) filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. (Gilman, Stacey) |
Filing 61 Minute Entry. Proceedings held before District Judge Roseann Ketchmark: DISCOVERY DISPUTE TELEPHONE CONFERENCE held on 2/27/2018. Margaret Millikin appearing for Plaintiff Outdoor Leisure Products, Inc.; Anna Halsey, Walter Freitag, and Stacey Gilman appearing for Plaintiff Masterbuilt Manufacturing, LLC; Patrick Muffo appearing for Defendants. Plaintiff's motion to amend the scheduling order #58 is GRANTED. Parties are to submit a joint proposed scheduling order on or before 3/6/2018. Discovery dispute issues discussed on the record. Time in court: 10:00 am to 12:06 pm. To order a transcript of this hearing please contact Kathy Calvert, 816-512-5741. (Russell, Elizabeth) |
Filing 60 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Discovery Responses filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 59 SUGGESTIONS in opposition re #58 MOTION to amend/correct #41 Set Hearings,,, Scheduling Order,, Plaintiffs' Partially Unopposed Motion to Amend the Scheduling Order filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. Reply suggestions due by 3/9/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A - 2.12.18 ltr Halsey to Muffo, #2 Exhibit B - 11.27.17 ltr Muffo to Halsey, #3 Exhibit C - 12.8.17 ltr Muffo to Halsey, #4 Exhibit D - 1.23.18 ltr Halsey to Muffo, #5 Exhibit E - Disclosure of Damages Expert, #6 Exhibit F - Smoker Comparison, #7 Exhibit G - OLP Website Screenshot, #8 Exhibit H - 2.23.18 email Muffo to Halsey, #9 Exhibit I - Request for Inspection, #10 Exhibit J - 11.27.17 ltr Muffo to Halsey, #11 Exhibit K - 12.8.17 ltr Muffo to Halsey, #12 Exhibit L - Hearth and Home Article)(Related document(s) #58 ) (Muffo, Patrick) |
Filing 58 MOTION to amend/correct #41 Set Hearings,,, Scheduling Order,, Plaintiffs' Partially Unopposed Motion to Amend the Scheduling Order filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 3/6/2018 unless otherwise directed by the court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Related document(s) #41 ) (Gilman, Stacey) |
Filing 57 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC of PLAINTIFFS' FIRST RULE 30(b)(6) DEPOSITION NOTICE OF DANSONS, INC. filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 56 NOTICE OF HEARING - This is the official notice for this hearing. This is a TEXT ONLY ENTRY. No document is attached. Discovery Dispute Telephone Conference set for 2/27/2018 10:00 AM in Chambers before District Judge Roseann Ketchmark. (Wheeler, LaTandra) |
Filing 55 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Discovery Responses filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 54 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Discovery Requests filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 53 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc.'s Second Supplemental Responses and Objections to Defendants' First Set of Interrogatories filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC, Counter Defendant Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 52 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Responses and Objections to Defendants' First Set of Requests for Production of Email Documents filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC, Counter Defendant Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 51 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' Supplemental Responses and Objections to Defendants' First Set of Interrogatories, Interrogatories Nos. 2, 3, 4, 6, 7, 8, 10, 11, 13 and 14 filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC, Counter Defendant Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 50 CERTIFICATE OF SERVICE by All Defendants of Response to Discovery Requests filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon.(Muffo, Patrick) |
Filing 49 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC of Plaintiffs' Responses and Objections to Defendants' First Requests for Production of Documents and Things and to Defendants' First Set of Interrogatories filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC, Counter Defendant Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 48 CERTIFICATE OF SERVICE by Masterbuilt Manufacturing, LLC and Outdoor Leisure Products, Inc. of Plaintiffs' First Request for Inspection filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC, Counter Defendant Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 47 Plaintiffs Outdoor Leisure Products Inc. and Masterbuilt Manufacturing, LLC's Answer and Affirmative Defenses ANSWER to Counterclaim to Simon and Giebel's Counterclaims on behalf of Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 46 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Margaret S Millikin on behalf of Counter Defendants Outdoor Leisure Products, Inc, Outdoor Leisure Products, Inc, Plaintiff Outdoor Leisure Products, Inc.(Millikin, Margaret) |
Filing 45 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon.(Muffo, Patrick) |
Filing 44 CERTIFICATE OF SERVICE OF INITIAL RULE 26 DISCLOSURES filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 43 DESIGNATION OF MEDIATOR naming John Phillips(Gilman, Stacey) |
Filing 42 STIPULATED PROTECTIVE ORDER. The parties' Joint Motion for Entry of Stipulated Protective Order #40 is GRANTED. Signed on 11/8/2017 by District Judge Roseann Ketchmark. (Russell, Elizabeth) |
Filing 41 This Order has been amended. Please refer to the Second Amended Scheduling Order (Doc. #98 ). SCHEDULING ORDER: Status Conference set for 4/5/2018 10:00 AM in Chambers before District Judge Roseann Ketchmark. Discovery due by 5/4/2018. Dispositive Motions due by 6/3/2018. Initial Pretrial Conference set for 10/5/2018 01:30 PM Chambers before District Judge Roseann Ketchmark. Final Pretrial Conference set for 11/1/2018 01:30 PM Chambers before District Judge Roseann Ketchmark. Jury Trial set for 11/5/2018 09:00 AM in (VJC), Springfield before District Judge Roseann Ketchmark. Signed on 11/7/2017 by District Judge Roseann Ketchmark. (Stout, Courtney) Modified on 8/9/2018 (Wheeler, LaTandra). |
Filing 40 Joint MOTION for protective order filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 11/21/2017 unless otherwise directed by the court. (Gilman, Stacey) |
Filing 39 ANSWER to #37 Amended Complaint , COUNTERCLAIM against All Plaintiffs on behalf of Paul J. Simon, Dansons, Inc., Michael R. Giebel.(Muffo, Patrick) |
Filing 38 Joint PROPOSED SCHEDULING ORDER and Trial Order and Discovery Plan by Masterbuilt Manufacturing, LLC. (Attachments: #1 Appendix A)(Gilman, Stacey) |
Filing 37 AMENDED COMPLAINT (SECOND) against Dansons, Inc., Michael R. Giebel, Paul J. Simon filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 36 ORDER GRANTING Plaintiffs leave to file a Second Amended Complaint. Plaintiffs shall file their Second Amended Complaint within five days from the date of this Order. The Court DENIES as moot Defendants Motion to Dismiss #18 and Plaintiffs motion for extension of time #34 to respond to Defendants motion to dismiss.Signed on 10/23/2017 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 35 MOTION to amend/correct #7 Amended Complaint with Incorporated Suggestions (UNOPPOSED) filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 11/3/2017 unless otherwise directed by the court. (Attachments: #1 Exhibit 1)(Related document(s) #7 ) (Gilman, Stacey) |
Filing 34 MOTION for extension of time to file response/reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AND TO ANSWER COUNTERCLAIMS (UNOPPOSED) filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. Suggestions in opposition/response due by 11/3/2017 unless otherwise directed by the court. (Related document(s) #18 ) (Gilman, Stacey) |
Filing 33 ORDER granting #30 #31 motion to appear pro hac vice entered by Clerk of Court. Attorneys Anna Halsey and Ann G Fort for Masterbuilt Manufacturing, LLC allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) |
Filing 32 DISCLOSURE OF CORPORATE INTERESTS filed by Stacey R. Gilman on behalf of Plaintiff Masterbuilt Manufacturing, LLC.(Gilman, Stacey) |
Filing 31 Motion to allow Ann G. Fort to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5476041) filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. (Gilman, Stacey) |
Filing 30 Motion to allow Anna C. Halsey to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5476014) filed by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC. (Gilman, Stacey) |
Filing 29 NOTICE of appearance by Stacey R. Gilman on behalf of Masterbuilt Manufacturing, LLC (Attorney Stacey R. Gilman added to party Masterbuilt Manufacturing, LLC(pty:pla))(Gilman, Stacey) |
Filing 28 DISCLOSURE OF CORPORATE INTERESTS filed by Margaret S Millikin on behalf of Counter Defendant Outdoor Leisure Products, Inc, Plaintiff Outdoor Leisure Products, Inc.(Millikin, Margaret) |
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 10/6/2017 as Document No. 27, Notice of Corporate Disclosures. The document has been deleted as the incorrect document was filed. Counsel has been contacted and will refile the Corporate Disclosures intended to be filed on 10/6/2017. This is a text entry only - no document is attached. (Keller, Jeanne) |
Filing 27 DISCLOSURE OF CORPORATE INTERESTS filed by Margaret S Millikin on behalf of Counter Defendant Outdoor Leisure Products, Inc, Plaintiff Outdoor Leisure Products, Inc.(Millikin, Margaret) |
Filing 26 NOTICE of change of address by Margaret S Millikin (Millikin, Margaret) |
Filing 25 ORDER granting #23 Unopposed Motion to Extend Time to Respond to Motion to Dismiss and to Answer Counterclaims. Plaintiffs response to #18 Defendants' Motion to Dismiss is due by 10/20/2017. Plaintiffs Answer to #17 Defendants' Counterclaims is due by 10/20/2017. Signed on 10/5/2017 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Perry, Madison) |
Filing 24 ORDER granting #22 unopposed motion to join. Pursuant to Fed. R. Civ. P. 25(c), Masterbuilt Manufactureing, LLC is joined as a Plaintiff in this action. Signed on 10/5/2017 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached.(Perry, Madison) |
Deadlines set: Plaintiff's response to #18 Defendants' Motion to Dismiss is due by 10/20/2017. Plaintiff's Answer to #17 Defendants' Counterclaims is due by 10/20/2017. (Wheeler, LaTandra) |
Filing 23 MOTION for extension of time filed by Steven A. Hays on behalf of Outdoor Leisure Products, Inc. Suggestions in opposition/response due by 10/18/2017 unless otherwise directed by the court. (Hays, Steven) (Main Document 23 replaced on 10/5/2017) (Siegert, Karen). Modified on 10/5/2017 NEF regenerated (Siegert, Karen). |
Filing 22 MOTION to join filed by Steven A. Hays on behalf of Outdoor Leisure Products, Inc. Suggestions in opposition/response due by 10/18/2017 unless otherwise directed by the court. (Hays, Steven) (Additional attachment(s) added on 10/5/2017: #1 Exhibit 1 - Declaration of John D. McLemore) (Siegert, Karen). Modified on 10/5/2017 NEF regenerated (Siegert, Karen). |
NOTICE of filing: Mediation and Assessment Program Reminder: Your Designation of Mediator is due soon (filed as an ADR event in CM/ECF). See Notice of Inclusion and MAP General Order for specifics. (ADI, MAP) |
Filing 21 RULE 16 NOTICE. Proposed scheduling order due by 11/6/2017. Rule 26 conference due by 10/27/2017. Signed on 9/22/2017 by District Judge Roseann Ketchmark. (Perry, Madison) |
Filing 20 DISCLOSURE OF CORPORATE INTERESTS filed by Patrick T Muffo on behalf of Defendant Dansons, Inc..(Muffo, Patrick) |
Filing 19 SUGGESTIONS in support re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrick T Muffo on behalf of Defendants Dansons, Inc., Michael R. Giebel, Paul J. Simon. (Related document(s) #18 ) (Muffo, Patrick) |
Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Patrick T Muffo on behalf of All Defendants. Suggestions in opposition/response due by 10/6/2017 unless otherwise directed by the court. (Muffo, Patrick) |
Filing 17 ANSWER to #7 Amended Complaint , COUNTERCLAIM against Outdoor Leisure Products, Inc on behalf of Michael R. Giebel, Paul J. Simon, Dansons, Inc..(Muffo, Patrick) |
Filing 16 NOTICE of change and/ or substitution of Law Firm filed by Phillip D. Greathouse on behalf of All Defendants. Suggestions in opposition/response due by 9/28/2017 unless otherwise directed by the court. (Greathouse, Phillip) Modified on 9/18/2017 to correct docket text (Wheeler, LaTandra). |
Filing 15 ORDER granting #14 motion to appear pro hac vice entered by Clerk of Court. Attorney Katelyn R Miller for Dansons, Inc., Michael R. Giebel, and Paul J. Simon allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) |
Filing 14 Motion to allow Katelyn R. Miller to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5422394) filed by Phillip D. Greathouse on behalf of All Defendants. (Greathouse, Phillip) |
Filing 13 ORDER granting #11 & #12 motion to appear pro hac vice entered by Clerk of Court. Attorney Kevin J Mahoney & Patrick T. Muffo for Dansons, Inc.,for Michael R. Giebel & for Paul J. Simon allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806. This is a TEXT ONLY ENTRY. No document is attached.(Geiser, Angel) |
Filing 12 Motion to allow Patrick T. Muffo to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5407635) filed by Phillip D. Greathouse on behalf of All Defendants. (Greathouse, Phillip) |
Filing 11 Motion to allow Kevin J. Mahoney to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5407598) filed by Phillip D. Greathouse on behalf of All Defendants. (Greathouse, Phillip) |
Filing 10 NOTICE of appearance by Phillip D. Greathouse on behalf of All Defendants (Attorney Phillip D. Greathouse added to party Dansons, Inc.(pty:dft), Attorney Phillip D. Greathouse added to party Michael R. Giebel(pty:dft), Attorney Phillip D. Greathouse added to party Paul J. Simon(pty:dft))(Greathouse, Phillip) |
Filing 9 RETURN OF WAIVER OF SERVICE filed by Outdoor Leisure Products, Inc. Waiver sent to All Defendants. (Hays, Steven) |
Filing 8 ORDER TO SHOW CAUSE for failure to file proof of service of Complaint. Plaintiff was required to serve Defendants by 8/3/2017. To date, however, no proof of service has been filed, and therefore, the amended complaint does not appear to comply with Fed. R. Civ. P. 15(a). Plaintiff is directed to show cause why this case should not be dismissed pursuant to Fed. R. Civ. P. 4(m). Show Cause Response due by 8/15/2015. Signed on 8/8/2017 by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (Perry, Madison) |
Filing 7 AMENDED COMPLAINT of Outdoor Leisure Products, Inc. against All Defendants filed by Margaret S Millikin on behalf of All Plaintiffs.(Millikin, Margaret) |
Filing 6 ORDER granting #4 motion to appear pro hac vice entered by Clerk of Court. Attorney Margaret S Millikin for Outdoor Leisure Products, Inc allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. Western District of Missouri Local Rule 5.1 requires documents to be filed electronically. If pro hac vice counsel has not already done so, counsel is directed to immediately register for a CM/ECF account. This will enable counsel to electronically file documents and receive electronic notification of filings. Please return the original completed #ECF Registration Form to 1400 U.S. Courthouse, 222 John Q. Hammons Parkway, Springfield, Missouri 65806. This is a TEXT ONLY ENTRY. No document is attached.(Russel, Jeri) |
Filing 5 NOTICE OF REASSIGNMENT from Magistrate Judge Robert E. Larsen to District Judge Roseann Ketchmark. Magistrate Judge Robert E. Larsen no longer associated with this case. New case number is: 3:17-cv-05029-RK. (Text entry only; no document attached.) (Keller, Jeanne) |
Filing 4 Motion to allow Margaret S. Millikin to appear pro hac vice (Pro Hac fee $50 receipt number 0866-5314768) filed by Steven A. Hays on behalf of Outdoor Leisure Products, Inc. (Hays, Steven) |
NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 6/02/2017 as Document No. 3, Motion. The document has been deleted as this document is not to be filed, but returned to the Court per instructions contained therein. This is a text entry only - no document is attached. (Keller, Jeanne) |
Filing 3 MOTION to reassign/transfer case to District Judge filed by Steven A. Hays on behalf of Outdoor Leisure Products, Inc. Suggestions in opposition/response due by 6/16/2017 unless otherwise directed by the court. (Hays, Steven) |
Filing 2 NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NOTICE AND MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS.Notice of MAP assignment to an outside mediator. (Attachments: #1 MAP General Order)(Burch, C. Steve) |
Filing 1 COMPLAINT against All Defendants filed by Steven A. Hays on behalf of All Plaintiffs. Filing fee $400, receipt number 0866-5279194. Service due by 8/3/2017 unless otherwise directed by the court. (Attachments: #1 Civil Cover Sheet)(Hays, Steven) |
NOTICE OF MAGISTRATE ASSIGNMENT sent via electronic mail to counsel for Plaintiff. This is a docket entry only. No document is attached. Magistrate Return due by 5/26/2017 unless otherwise directed by the court. (Burch, C. Steve) |
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