ERICO Products, Inc. v. Frampton
| ERICO Products, Inc. doing business as ERICO, Inc. |
| Mark E Frampton |
| 5:2003cv06110 |
| September 5, 2003 |
| US District Court for the Western District of Missouri |
| Scott O Wright |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on November 23, 2004. A more recent docket listing may be available from PACER.
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Filing 72
ORDER granting #71 joint motion to life preliminary injunction and to dismiss case, previously issued prel. inj. dissolved and case dismissed w/prejudice. Signed by Judge Scott O. Wright on 11-23-04. (Morse, Judy)
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| Filing 71 Joint MOTION to dismiss case With Prejudice and to Lift Preliminary Injunction filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 11/26/2004 unless otherwise directed by the court (Holland, James) |
| DELETED DOCUMENT (#71)RETURN OF SERVICE (non cmp) of Subpoena in Civil Case (Attachments: # 1 Exhibit Exhibit A)(Wright, Seth) Modified on 9/7/2004 to delete the main document, which was filed in error (Beard, Melanie). |
| Filing 70 CERTIFICATE OF SERVICE by Mark E Frampton of Defendant's Third Request for Production of Documents to Plaintiff filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| DELETED DOCUMENT:(#70 was deleted for filing errors and will not be refiled) RETURN OF SERVICE (non cmp) of Subpoena in A Civil Case (Holland, James) Modified on 8/30/2004 (Beard, Melanie). |
| DELETED DOCUMENT: (#71 was deleted for errors and will not be refiled) RETURN OF SERVICE (non cmp) of Subpoena in A Civil Case (Holland, James) Modified on 8/30/2004 (Beard, Melanie). |
| Filing 69 NOTICE to take deposition of Kenneth Pettlon filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 68 NOTICE to take deposition of Harold VanSickle, Jr. filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 67 CERTIFICATE OF SERVICE by ERICO Products, Inc. filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 66 CERTIFICATE OF SERVICE by all defendants of Objections and Responses to Second Requests for Production and Second Interrogatories filed by Seth Curtis Wright on behalf of Defendant Mark E Frampton.(Wright, Seth) |
| Filing 65 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Joyce E. Frampton (Beard, Melanie) |
| Filing 64 CERTIFICATE OF TRANSMISSION OF DEPOSITION of Selene Baker (Beard, Melanie) |
| Filing 63 NOTICE of appearance by Seth Curtis Wright on behalf of Mark E Frampton (Wright, Seth) |
| Filing 62 ANSWER to Amended Complaint filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
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Filing 61
ORDER granting #48 joint motion for protective order and entering prot. order. Signed by Judge Scott O. Wright on 7-19-04. (Morse, Judy)
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| Filing 60 Motion and Order to appear pro hac vice granting appearance of Attorney Jennifer Roach for ERICO Products, Inc.. Fee paid; receipt number 219617. (Kee, Georgia) |
| Filing 59 CERTIFICATE OF SERVICE by Mark E Frampton of Defendant's Second Set of Interrogatories to Plaintiff and Defendant's Second Request for Production of Documents to Plaintiff filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| Filing 58 AMENDED COMPLAINT against Mark E Frampton Service due by 11/8/2004, filed by Jennifer M. Mountcastle on behalf of ERICO Products, Inc..(Mountcastle, Jennifer) |
| Filing 57 NOTICE to take deposition of Joyce Frampton filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 56 RETURN OF SERVICE (non cmp) of Subpoena on Preferred Lightning Protection (Holland, James) |
| Filing 55 RETURN OF SERVICE (non cmp) of Subpoena on Harold G. Vansickle, Jr. (Holland, James) |
| Filing 54 RETURN OF SERVICE (non cmp) of Subpoena on Ken Pettlon (Holland, James) |
| Filing 53 RETURN OF SERVICE (non cmp) of Subpoena on BTC Bank (Holland, James) |
| Filing 52 NOTICE to take deposition of Jamison Baker filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 51 NOTICE to take deposition of Selene Frampton filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
| Filing 50 NOTICE to take deposition of David Frampton filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
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Filing 49
ORDER withdrawing #39 plaintiff's motion for leave to file amended complaint, granting #42 plaintiff's motion to amend/correct and amended complaint due w/i 10 days of date of this order, denying #44 motion to withdraw as attorney filed by Shughart Thomson & Kilroy, PC. Signed by Judge Scott O. Wright on 7-2-04. (Morse, Judy)
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| Filing 48 MOTION for protective order filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 7/16/2004 (Attachments: #1 Protective Order)(Holland, James) |
| Filing 47 CERTIFICATE OF SERVICE by Mark E Frampton of First Supplemental Objections and Responses to Plaintiff ERICO Products, Inc.'s First Request for Admissions and First Set of Interrogatories Propounded upon Defendant Mark E. Frampton and First Supplemental Objections and Responses to Plaintiff ERICO Products, Inc.'s First Requests for Production of Documents and Entry Upon Land filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| Filing 46 SUGGESTIONS in opposition re #42 MOTION to amend/correct #39 MOTION for leave to file Amended Complaint filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton. Reply Suggestions due by 7/13/2004. (Related document(s) #42 ) (Bartels, Todd) |
| Filing 45 CERTIFICATE OF SERVICE by ERICO Products, Inc. Certificate of Service of Second Set of Interrogatories and Second Set of Requests for Production of Documents (Mountcastle, Jennifer) Modified on 6/25/2004 to correct event title(Henson, Tanya). |
| Filing 44 MOTION to withdraw as attorney filed by Todd Henry Bartels on behalf of Mark E Frampton Suggestions in opposition/response due by 7/6/2004 (Bartels, Todd) |
| Filing 43 SUGGESTIONS in support re #42 MOTION to amend/correct #39 MOTION for leave to file Amended Complaint filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc.. (Related document(s) #42 ) (Holland, James) |
| Filing 42 MOTION to amend/correct #39 MOTION for leave to file Amended Complaint filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 6/29/2004 (Attachments: #1 Amended Complaint)(Related document(s) #39 ) (Holland, James) |
| Filing 41 CERTIFICATE OF SERVICE by Mark E Frampton of Defendant's First Request for Admissions to Plaintiff, Defendant's First Set of Interrogatories to Plaintiff, and Defendant's First Request for Production of Documents to Plaintiff filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| Filing 40 SUGGESTIONS in support re #39 MOTION for leave to file Amended Complaint filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc.. (Related document(s) #39 ) (Holland, James) |
| Filing 39 MOTION for leave to file Amended Complaint filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 6/24/2004 (Attachments: #1 Amended Complaint)(Holland, James) |
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Filing 38
ORDER granting #37 motion to withdraw as attorney. Attorney Harold E Farling terminated. Signed by Judge Scott O. Wright on 4-23-04. (Morse, Judy)
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| Filing 37 MOTION to withdraw as attorney of record filed by Todd Henry Bartels on behalf of Mark E Frampton Suggestions in opposition/response due by 5/5/2004 (Bartels, Todd) |
| Filing 36 Motion and Order to appear pro hac vice granting appearance of Attorney Jennifer Mountcastle for ERICO Products, Inc.. Fee paid; receipt number 216920. (Beard, Melanie) |
| Filing 35 Motion and Order to appear pro hac vice granting appearance of Attorney Ken Cole for ERICO Products, Inc.. Fee paid; receipt number 216919. (Beard, Melanie) |
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Filing 34
ORDER referring case to Chief Magistrate Judge John Maughmer for assignment to a magistrate judge for settlement conf.; granting #33 plaintiff's motion for extension of time; case removed from 10/4/2004 trial docket; reset for 4/4/2005 at 9 a.m., ptc at 8:30 a.m.; discovery due 10/1/2004; dispositive motions due 11/1/2004. Signed by Judge Scott O. Wright on 4-6-04. (Morse, Judy)
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| Filing 33 MOTION for extension of time to Designate Experts, Complete Discovery and File Potentially Dispositive Motions, and Motion to Continue the Trial Date filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 4/16/2004 (Holland, James) |
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Filing 32
ORDER granting in part and denying in part #30 joint motion for extension of time; designation deadlines extended by 30 days; discovery extended by 30 days; ddl for dispositive motions remains 6/1/2004. Signed by Judge Scott O. Wright on 3-9-04. (Morse, Judy)
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| Filing 31 CERTIFICATE OF SERVICE by Mark E Frampton of Objections and Responses to Plaintiff ERICO Products, Inc.'s First Request for Admissions and First Set of Interrogatories Propounded Upon Defendant Mark E. Frampton and Objections and Responses to Plaintiff ERICO Products, Inc.'s First Request for Production of Documents and Entry Upon Land filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| Filing 30 Joint MOTION for extension of time To Designate Experts, Complete Discovery and File Potentially Dispositive Motions filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 3/15/2004 (Holland, James) |
| Filing 29 CERTIFICATE OF SERVICE by ERICO Products, Inc. of Plaintiff's First Requests for Admissions and Interrogatories upon Defendant and Plaintiff's First Requests for Production of Documents and Entry Upon Land filed by James Christopher Holland on behalf of Plaintiff ERICO Products, Inc..(Holland, James) |
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Filing 28
ORDER granting #27 Agreed Motion for preliminary injunction;ORDERED that defendant Mark E. Frampton and any person employed by or otherwise acting in concert with him are enjoined and hereby prohibited, until April 11, 2004, from directly or indirectly engaging in the sale of, or solicitation of orders for, any lightning protection products to any person, business or entity in Missouri. ORDERED that defendant Mark E. Frampton and any person employed by or otherwise acting in concert with him are enjoined and hereby prohibited, until the date of final judgment, from allowing anyone other than David Frampton, Selene Frampton, Jamie Baker, and Mark E. Frampton's attorneys and experts access to cabling machine(s) in his possession, custody, or control and from disseminating to any person, business or entity (other than to the aforesaid persons) videotapes, photographs, drawings and/or any pictorial representation of such machine(s);ORDERED that defendant Mark E. Frampton and any person employed by or otherwise acting in concert with him are enjoined and hereby prohibited, until the date of final judgment, from discussing, disclosing, or disseminating information to any person, business or entity other than David Frampton, Selene Frampton, Jamie Baker, and Mark E. Frampton's attorneys and experts, whether orally or in writing, that relates to the mechanics of the aforementioned cabling machine(s) or its processes, including without limitation, its component parts, specifications, bolting sequences, motor speeds and/or tensions. Defendant Mark E. Frampton is not prohibited, however, from purchasing component parts from third parties as necessary for the aforementioned cabling machine(s). ORDERED that the entry of this agreed preliminary injunction does not constitute any agreement, admission, or stipulation as to the nature and scope of the contractual covenants at issue, whether lesser or greater than stated herein, nor does it constitute any agreement, admission, or stipulation as to the validity of any of the claims and defenses asserted in this action. Each party expressly reserves all claims and defenses on the merits of this action, including those which are the subject of this preliminary injunction order. Signed by Judge Scott O. Wright on 1-7-03. (Morse, Judy)
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| Filing 27 MOTION for preliminary injunction filed by James Christopher Holland on behalf of ERICO Products, Inc. Suggestions in opposition/response due by 1/20/2004 (Holland, James) |
| Filing 26 Motion and Order to appear pro hac vice granting appearance of Attorney Brian A Troyer for ERICO Products, Inc.. Fee paid; receipt number 214179. (Beard, Melanie) |
| Filing 25 Motion and Order to appear pro hac vice granting appearance of Attorney Kathleen M. Minahan for ERICO Products, Inc.. Fee paid; receipt number 214105. (Beard, Melanie) |
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Filing 24
SCHEDULING ORDER: Discovery due by 5/1/2004. Pretrial Conference set for 10/4/2004 08:30 AM before Scott Wright. Accelerated Jury Trial set for 10/4/2004 09:00 AM before Scott Wright.Proposed Voir Dire due by 9/20/2004. Proposed Witness List due by 9/20/2004.Proposed Exhibit List due by 9/20/2004.Dispositive Motions due by 6/1/2004.Proposed Jury Instructions due from plaintiff by 9/20/2004 and due from defendant by 9/27/2004. Signed by Judge Scott O. Wright on 11-6-03. (Morse, Judy)
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| Filing 23 NOTICE of appearance by Douglas M Weems on behalf of ERICO Products, Inc. (Weems, Douglas) |
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Filing 22
ORDER setting scheduling t/c for 11/5/2003 beginning at 9:30 a.m. Signed by Judge Scott O. Wright on 10-24-03. (Morse, Judy)
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| Filing 21 ANSWER to Complaint with Jury Demand filed by Todd Henry Bartels on behalf of Defendant Mark E Frampton.(Bartels, Todd) |
| Filing 20 LETTER from deputy clerk regarding transfer case from the Northern District of Ohio. A copy of the letter was mailed to all non-ecf attorneys in the case. (Jones, Robin) |
| Filing 19 CASE TRANSFERRED IN from Northern District of Ohio (Cleveland); Case Number 03-00857-CV-DAP. Original file with documents numbered 1-18, certified copy of transfer order and docket sheet received. (Attachments: #1 Complaint#2 Exhibit to Complaint#3 Civil Cover Sheet #4 Notice of Exhibit Attachment)(Jones, Robin) (Additional attachment(s) added on 6/27/2011: #5 Transfer Documents-part 1, #6 Transfer documents part 2) (Crespo, Wil). Modified on 6/27/2011 (Crespo, Wil). The documents, which were originally referred to in the Notice of Exhibit Attachment, were scanned and attached to the filing on 6/27/11. There are no exhibits to this filing being kept in the Clerk's Office. |
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