Nissei ASB Co. et al v. R&D Tool & Engineering Co.
Plaintiff: Nissei ASB Co. and Nissei ASB Machine, Co., Ltd.
Defendant: R&D Tool & Engineering Co.
Case Number: 4:2019cv00042
Filed: January 18, 2019
Court: US District Court for the Western District of Missouri
Presiding Judge: Greg Kays
Nature of Suit: Patent
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 19, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2019 Filing 53 CERTIFICATE OF SERVICE by Nissei ASB Co., Nissei ASB Machine, Co., Ltd. filed by Kevin Prewitt on behalf of Plaintiffs Nissei ASB Co., Nissei ASB Machine, Co., Ltd..(Prewitt, Kevin)
March 13, 2019 Filing 52 CERTIFICATE OF SERVICE by Nissei ASB Co., Nissei ASB Machine, Co., Ltd. filed by Kevin Prewitt on behalf of Plaintiffs Nissei ASB Co., Nissei ASB Machine, Co., Ltd..(Prewitt, Kevin)
March 8, 2019 Opinion or Order Filing 51 SCHEDULING ORDER: Pretrial Conference set for 10/6/2020 10:00 AM via telephone conference initiated by Plaintiff's counsel. Jury Trial set for 10/26/2020-11/23/20 08:00 AM in Courtroom 8D, Kansas City (DGK) before District Judge Greg Kays. Signed on 3/8/19 by District Judge Greg Kays. (Strodtman, Tracy)
March 6, 2019 Opinion or Order Filing 50 PROTECTIVE ORDER stipulated to by the parties. Signed on March 6, 2019, by District Judge Greg Kays. (Law clerk)
March 4, 2019 Filing 49 CERTIFICATE OF SERVICE by R&D Tool & Engineering Co. filed by Todd A. Gangel on behalf of Counter Claimant R&D Tool & Engineering Co., Defendant R&D Tool & Engineering Co..(Gangel, Todd)
February 27, 2019 Filing 48 PROPOSED SCHEDULING ORDER AND TRIAL ORDER by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Prewitt, Kevin)
February 27, 2019 NOTICE OF DOCKET MODIFICATION. A modification has been made to the document filed on 2/26/2019 as Document No. 47, Scheduling and Trial Order. The document has been deleted per Administrative Procedures wherein it is stated proposed scheduling orders should not contain a signature line for the presiding judge. The proposed scheduling order should include the electronic signature of both the filing and opposing counsel. This is a text entry only - no document is attached. (Crocker, Susan)
February 26, 2019 Filing 47 PROPOSED SCHEDULING ORDER AND TRIAL ORDER by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Prewitt, Kevin)
February 26, 2019 Filing 46 NOTICE of appearance by Todd A. Gangel on behalf of R&D Tool & Engineering Co. (Attorney Todd A. Gangel added to party R&D Tool & Engineering Co.(pty:cc), Attorney Todd A. Gangel added to party R&D Tool & Engineering Co.(pty:dft))(Gangel, Todd)
February 26, 2019 Filing 45 NOTICE of appearance by Matthew B. Walters on behalf of R&D Tool & Engineering Co. (Attorney Matthew B. Walters added to party R&D Tool & Engineering Co.(pty:cc), Attorney Matthew B. Walters added to party R&D Tool & Engineering Co.(pty:dft))(Walters, Matthew)
February 20, 2019 Filing 44 ANSWER to Counterclaim on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd..(Prewitt, Kevin)
February 6, 2019 Opinion or Order Filing 43 ORDER regarding scheduling. The parties have advised the Court that they agree it would be beneficial if the Court issued a new scheduling order. Accordingly, the Court ORDERS the parties to confer on a revised scheduling order and submit a new joint proposed scheduling order on or before February 26, 2019. Signed on February 6, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
February 5, 2019 Opinion or Order Filing 42 ORDER granting #37 , #38 , #39 ,& #40 motions to appear pro hac vice entered by Clerk of Court. Attorneys Jeffrey A. Freeman, John Dylane Livingstone, Nathan Ira North, and Roger Dale Taylor for plaintiffs. 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)
February 1, 2019 Filing 41 NOTICE of appearance by Kevin Prewitt on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd. (Attorney Kevin Prewitt added to party Nissei ASB Co.(pty:pla), Attorney Kevin Prewitt added to party Nissei ASB Co.(pty:cd), Attorney Kevin Prewitt added to party Nissei ASB Machine, Co., Ltd. (pty:cd), Attorney Kevin Prewitt added to party Nissei ASB Machine, Co., Ltd. (pty:pla))(Prewitt, Kevin)
February 1, 2019 Filing 40 Motion to allow Roger Dale Taylor to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6153827) filed by Lynn W. Hursh on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Hursh, Lynn) (Main Document 40 replaced on 2/5/2019) (Geiser, Angel).
February 1, 2019 Filing 39 Motion to allow Nathan I. North to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6153817) filed by Lynn W. Hursh on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Hursh, Lynn) (Main Document 39 replaced on 2/5/2019) (Geiser, Angel).
February 1, 2019 Filing 38 Motion to allow John D. Livingstone to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6153813) filed by Lynn W. Hursh on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Hursh, Lynn) (Main Document 38 replaced on 2/5/2019) (Geiser, Angel).
February 1, 2019 Filing 37 Motion to allow Jeffrey A. Freeman to appear pro hac vice (Pro Hac fee $100 receipt number AMOWDC-6153809) filed by Lynn W. Hursh on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Hursh, Lynn) (Main Document 37 replaced on 2/5/2019) (Geiser, Angel).
February 1, 2019 Filing 36 NOTICE of appearance by Lynn W. Hursh on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd. (Attorney Lynn W. Hursh added to party Nissei ASB Co.(pty:pla), Attorney Lynn W. Hursh added to party Nissei ASB Co.(pty:cd), Attorney Lynn W. Hursh added to party Nissei ASB Machine, Co., Ltd. (pty:cd), Attorney Lynn W. Hursh added to party Nissei ASB Machine, Co., Ltd. (pty:pla))(Hursh, Lynn)
January 31, 2019 Opinion or Order Filing 35 ORDER granting #34 motion to withdraw as attorney. Attorneys Coby Nixon and Seth Trimble are terminated. Signed on January 31, 2019, by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Law clerk)
January 30, 2019 Filing 34 MOTION to withdraw as attorney filed by Scott R. Brown on behalf of R&D Tool & Engineering Co.. Suggestions in opposition/response due by 2/13/2019 unless otherwise directed by the court. (Brown, Scott)
January 30, 2019 Filing 33 Defendant's ANSWER to #1 Complaint, with Jury Demand and, COUNTERCLAIM against Nissei ASB Co., Nissei ASB Machine, Co., Ltd. on behalf of R&D Tool & Engineering Co..(Brown, Scott)
January 18, 2019 Filing 32 CASE TRANSFERRED IN from District of Georgia Northern; Case Number 1:18-cv-00553.
January 16, 2019 Opinion or Order Filing 31 ORDER DIRECTING Clerk to transfer this case to the Western District of Missouri.Signed by Judge Timothy C. Batten, Sr. on 1/16/2019. (usw) [Transferred from gand on 1/18/2019.]
January 16, 2019 Case electronically transferred to District of Western District of Missouri. (usw) [Transferred from gand on 1/18/2019.]
January 16, 2019 Civil Case Terminated. (usw) [Transferred from gand on 1/18/2019.]
January 14, 2019 Opinion or Order Filing 29 ORDER granting #28 Pla's unopposed motion to file reply. Clerk is DIRECTED to docket Exhibit 1 to this motion separately on the docket of this case as of the date of the filing of the motion. Signed by Judge Timothy C. Batten, Sr. on 1/14/19. (rsh) [Transferred from gand on 1/18/2019.]
January 11, 2019 Submission of #28 MOTION for Leave to File Reply to District Judge Timothy C. Batten Sr. (usw) [Transferred from gand on 1/18/2019.]
December 13, 2018 Filing 30 Reply to #27 Response in Support of Transferring Plas' Breach of Contract Claim filed by Nissei ASB Co., Nissei ASB Machine, Co., Ltd. (rsh) [Transferred from gand on 1/18/2019.]
December 13, 2018 Filing 28 MOTION for Leave to File Reply by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Attachments: #1 Exhibit Plaintiffs' Reply in Opposition to Transfer of Its Contract Claim)(Livingstone, John) [Transferred from gand on 1/18/2019.]
December 10, 2018 Filing 27 RESPONSE re #25 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Oral Argument,, filed by R&D Tool & Engineering Co.. (Brown, Scott) [Transferred from gand on 1/18/2019.]
November 26, 2018 Filing 26 RESPONSE re #25 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Oral Argument,, Plaintiffs' Opposition to Transfer of Its Contract Claim filed by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Livingstone, John) [Transferred from gand on 1/18/2019.]
November 9, 2018 Opinion or Order Filing 25 ORDER GRANTING IN PART and DENYING IN PART R&D's #11 Motion to Dismiss or Transfer. The motion is granted with respect to the patent infringement claims (counts two, three, and four), and as such those claims shall be transferred to the Western District of Missouri following the resolution of the remaining issue. The motion is denied with respect to the breach of contract claim (count one). The Court will rule on the transfer of the breach of contract claim after it receives the parties briefing. Court DENIES #12 Motion for Oral Argument. Signed by Judge Timothy C. Batten, Sr. on 11/9/18. (jlm) [Transferred from gand on 1/18/2019.]
June 14, 2018 Filing 24 NOTICE of Appearance by Nathan Ira North on behalf of Nissei ASB Co., Nissei ASB Machine, Co., Ltd. (North, Nathan) [Transferred from gand on 1/18/2019.]
June 13, 2018 Submission of #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION for Oral Argument re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Timothy C. Batten Sr.. (jlm) [Transferred from gand on 1/18/2019.]
May 11, 2018 Filing 23 REPLY to Response to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R&D Tool & Engineering Co.. (Attachments: #1 Exhibit 3_Declaration of Ardith Drienik)(Brown, Scott) [Transferred from gand on 1/18/2019.]
May 8, 2018 Opinion or Order Filing 22 STIPULATED DISCOVERY PROTECTIVE ORDER. See Order for specific directives and details. Signed by Judge Timothy C. Batten, Sr. on 5/8/18. (rsh) [Transferred from gand on 1/18/2019.]
May 7, 2018 Filing 21 Proposed Consent Protective Order by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Livingstone, John) Modified on 5/8/2018 to reflect accurate filing event (rsh). [Transferred from gand on 1/18/2019.]
April 27, 2018 Filing 20 RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Attachments: #1 Affidavit Declaration of J. Freeman, #2 Exhibit 1)(Livingstone, John) [Transferred from gand on 1/18/2019.]
April 24, 2018 Filing 19 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures and Defendant's Supplemental Initial Disclosures by R&D Tool & Engineering Co..(Brown, Scott) [Transferred from gand on 1/18/2019.]
April 23, 2018 Filing 18 CERTIFICATE OF SERVICE of Plaintiffs' Initial DIsclosures by Nissei ASB Co., Nissei ASB Machine, Co., Ltd..(Livingstone, John) [Transferred from gand on 1/18/2019.]
April 23, 2018 Filing 17 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Livingstone, John) [Transferred from gand on 1/18/2019.]
April 9, 2018 MINUTE ORDER STAYING CASE, pursuant to the Local Patent Rules, until the Court rules on the defendant's motion to dismiss. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 4/9/18. (se) [Transferred from gand on 1/18/2019.]
April 4, 2018 Filing 16 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 4/4/18. (rsh) [Transferred from gand on 1/18/2019.]
April 2, 2018 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time through 4/27/18 for Plas to file their opposition to Dft's Motion to Dismiss or Transfer #11 . Signed by Judge Timothy C. Batten, Sr on 3/29/18. (rsh) [Transferred from gand on 1/18/2019.]
March 29, 2018 Filing 14 Consent MOTION for Extension of Time to File Opposition to re: #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. (Attachments: #1 Text of Proposed Order)(Livingstone, John) [Transferred from gand on 1/18/2019.]
March 29, 2018 MINUTE ORDER granting #13 Application for Admission Pro Hac Vice of Scott R. Brown. Entered by CRD at the direction of Judge Timothy C. Batten, Sr. on 3/29/18. (se) [Transferred from gand on 1/18/2019.]
March 28, 2018 APPROVAL by Clerks Office re: #13 APPLICATION for Admission of Scott R. Brown Pro Hac Vice (per rb) (Application fee $ 150, receipt number 113E-7767653). Attorney Scott R. Brown added appearing on behalf of R&D Tool & Engineering Co. (pmb) [Transferred from gand on 1/18/2019.]
March 23, 2018 Filing 13 APPLICATION for Admission of Scott R. Brown Pro Hac Vice (Application fee $ 150, receipt number 113E-7767653)by R&D Tool & Engineering Co.. (Nixon, Coby) [Transferred from gand on 1/18/2019.]
March 23, 2018 Filing 12 MOTION for Oral Argument re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by R&D Tool & Engineering Co.. (Nixon, Coby) [Transferred from gand on 1/18/2019.]
March 23, 2018 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by R&D Tool & Engineering Co.. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit 1 - Declaration of Mike Stiles, #3 Exhibit 2 - Royalty Agreement, #4 Text of Proposed Order)(Nixon, Coby) [Transferred from gand on 1/18/2019.]
March 8, 2018 Opinion or Order Filing 10 ORDER GRANTING #8 Consent Motion for Extension of Time to Answer re #1 Complaint. R&D Tool & Engineering Co answer due 3/23/18. Defendant's #6 Unopposed Motion is DENIED AS MOOT. Signed by Judge Timothy C. Batten, Sr on 3/8/18. (jlm) [Transferred from gand on 1/18/2019.]
March 2, 2018 Opinion or Order Filing 9 (See #10 Order) ORDER granting #6 Motion for Extension of Time to Answer. R&D Tool & Engineering Co. Answer due 3/23/2018. Signed by Judge Timothy C. Batten, Sr on 3/2/18. (rsh) Modified on 3/8/2018 (jlm). [Transferred from gand on 1/18/2019.]
March 2, 2018 Filing 8 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by R&D Tool & Engineering Co.. (Attachments: #1 Text of Proposed Order)(Nixon, Coby) [Transferred from gand on 1/18/2019.]
February 28, 2018 Filing 7 NOTICE of Change of Address for Roger Dale Taylor, counsel for Nissei ASB Co., Nissei ASB Machine, Co., Ltd. (Taylor, Roger) [Transferred from gand on 1/18/2019.]
February 27, 2018 Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by R&D Tool & Engineering Co.. (Attachments: #1 Text of Proposed Order)(Nixon, Coby) [Transferred from gand on 1/18/2019.]
February 14, 2018 Filing 5 Return of Service Executed by Nissei ASB Co., Nissei ASB Machine, Co., Ltd.. R&D Tool & Engineering Co. served on 2/9/2018, answer due 3/2/2018. (Livingstone, John) [Transferred from gand on 1/18/2019.]
February 8, 2018 Clerks Notation re #2 Corporate Disclosure Statement: reviewed and approved by Judge Timothy C. Batten, Sr. (se) [Transferred from gand on 1/18/2019.]
February 6, 2018 Filing 4 AO Form 120 forwarded to Director of the U.S. Patent and Trademark Office. (aaq) [Transferred from gand on 1/18/2019.]
February 5, 2018 Filing 3 Electronic Summons Issued as to R&D Tool & Engineering Co. (aaq) [Transferred from gand on 1/18/2019.]
February 5, 2018 Filing 2 Corporate Disclosure Statement filed by Nissei ASB Co. and Nissei ASB Machine, Co., Ltd. (aaq) [Transferred from gand on 1/18/2019.]
February 5, 2018 Filing 1 COMPLAINT with Jury Demand filed by Nissei ASB Co. and Nissei ASB Machine, Co. Ltd. (Filing fee $ 400 receipt number 113E-7666581.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet)(aaq) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from gand on 1/18/2019.]

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Plaintiff: Nissei ASB Co.
Represented By: John Dylane Livingstone
Represented By: Nathan Ira North
Represented By: Roger Dale Taylor
Represented By: Jeffrey A. Freeman
Represented By: John D Livingstone
Represented By: Kevin Prewitt
Represented By: Lynn W. Hursh
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Plaintiff: Nissei ASB Machine, Co., Ltd.
Represented By: John Dylane Livingstone
Represented By: Nathan Ira North
Represented By: Roger Dale Taylor
Represented By: Jeffrey A. Freeman
Represented By: John D Livingstone
Represented By: Kevin Prewitt
Represented By: Lynn W. Hursh
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Defendant: R&D Tool & Engineering Co.
Represented By: Coby Nixon
Represented By: Scott R. Brown
Represented By: Todd A. Gangel
Represented By: Matthew B. Walters
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