ESCO Corporation et al v. Cashman Equipment Company et al
| ESCO Corporation and ESCO Canada, Ltd |
| Cashman Equipment Company, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Caterpillar Global Mining, LLC and Raptor Mining Products Inc |
| 2:2012cv01545 |
| August 29, 2012 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Carl W Hoffman |
| Robert C Jones |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on February 12, 2019. A more recent docket listing may be available from PACER.
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| Filing 221 RECEIPT for Exhibits released to counsel for Plaintiffs on 2/12/2019. (DRM) |
| Filing 220 RECEIPT for Exhibits released to counsel for Defendant(s) on 2/1/2019 re ECF No. 219 Minute Order for Return of Exhibits. (DRM) |
| Filing 219 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones on 1/24/2019. The court currently has custody of exhibits in this action. It has been determined these exhibits can be returned to the parties. IT IS ORDERED that the parties have 21 days from the date of this order to claim the exhibits from the clerk under Local Rule 79-1 or exhibits shall be destroyed. Please contact the Clerk's Office in Reno at (775) 686-5800 to make arrangements to have the exhibits picked up or said exhibits shall be destroyed by the court. Deadline to return exhibits set for 2/14/2019. (no image attached) (Copies have been distributed pursuant to the NEF - DRM) |
| Filing 218 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (KR) |
Filing 217
ORDER granting ECF No. #216 Motion for Dismissal With Prejudice. Signed by Judge Robert C. Jones on 1/5/2017. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 216 MOTION to Dismiss with Prejudice (Stipulated) by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendants ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation. Responses due by 12/26/2016. (Attachments: #1 Proposed Order)(Patel, Binal) |
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Filing 215
ORDER re ECF No. #214 Proposed Order. If the parties do not settle the case by 1/4/2017 they will file a Post-Claim Construction Scheduling Order by that date. Defendants shall have until 2/2/2017 to re-plead any of the dismissed or struck counterclaims or defenses that the Court has granted the Defendants leave to amend. Signed by Judge Robert C. Jones on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 214 Submission of PROPOSED ORDER on 213 Status Conference,,, ; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation . (Rounds, Michael) |
| Filing 213 MINUTES OF PROCEEDINGS - Status Conference held on 10/6/2016 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Michael Rounds; Def Counsel: John Krieger, Shawnna Yashar; Court Reporter/FTR #: Margaret Griener; Time of Hearing: 10:16 a.m. - 10:18 a.m.; Courtroom: 4B; Mr. Rounds reports the parties are in settlement discussions and to the extent a settlement is unsuccessful in 4-6 weeks, the parties would like to attend mediation. The Court grants the parties requests for mediation and a 90 day extension to file their scheduling order. Mr. Rounds is directed to prepare and submit a proposed order. (no image attached) (Copies have been distributed pursuant to the NEF - LE) |
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Filing 212
ORDER approving ECF No. #211 Stipulation for Extension of Time; setting a Status Conference for 10/6/2016 at 10:00 AM in LV Courtroom 4B before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 9/8/2016. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 211 STIPULATION FOR EXTENSION OF TIME (Sixth or more Request) for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
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Filing 210
ORDER approving ECF No. #209 Stipulation for Extensions of Time for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims (Fifth Request). Signed by Magistrate Judge Carl W. Hoffman on 7/25/2016. (Copies have been distributed pursuant to the NEF - DRM)
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| Filing 209 STIPULATION FOR EXTENSION OF TIME (Fifth Request) for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
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Filing 208
ORDER approving ECF No. #207 Stipulation for Extensions of Time for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims (Fourth Request). Signed by Magistrate Judge Carl W. Hoffman on 6/21/16. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 207 STIPULATION FOR EXTENSION OF TIME (Fourth Request) for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
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Filing 206
ORDER approving #205 Stipulation for Extensions of Time for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims. Signed by Magistrate Judge Carl W. Hoffman on 4/20/16. (Copies have been distributed pursuant to the NEF - JC)
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| Filing 205 STIPULATION FOR EXTENSION OF TIME (Third Request) for (1) Jointly Proposing a Post-Claim Construction Scheduling Order and (2) Defendants' Filing of Any Amended Claims by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Hamp, Eric) |
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Filing 204
ORDER approving #203 Stipulation. Signed by Magistrate Judge Carl W. Hoffman on 3/18/2016. (Copies have been distributed pursuant to the NEF - KR)
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| Filing 203 SECOND STIPULATION FOR EXTENSION OF TIME re: Joint Proposed Post-Claim Construction Scheduling Order and Filing Amended Affirmative Defenses and/or Counterclaims; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Hamp, Eric) |
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Filing 202
ORDER Granting #201 Stipulation for Extensions of Time. Signed by Magistrate Judge Carl W. Hoffman on 2/8/16. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 201 STIPULATION FOR EXTENSION OF TIME Joint Proposed Post-Claim Construction Scheduling Order and Filing Amended Affirmative Defenses and/or Counterclaims; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Hamp, Eric) |
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Filing 200
ORDER. IT IS HEREBY ORDERED that #160 Motion to Dismiss and #164 Motion to Strike are GRANTED as stated in the order. IT IS FURTHER ORDERED that #165 Motion to Sever and #166 Motion to Stay are DENIED as moot. IT IS FURTHER ORDERED that #179 Motion for Reconsideration is DENIED. Signed by Judge Robert C. Jones on 1/26/16. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 199 TRANSCRIPT of Proceedings, 197 Motion Hearing held on 9/9/2015, before Judge Robert C. Jones. Court Reporter/Transcriber: Margaret Griener, 775-329-9980. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/11/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/18/2016. (MG) |
| Filing 198 TRANSCRIPT of Proceedings, 155 Markman Hearing 154 Markman Hearing held on 5/5&6/2015, before Judge Robert C. Jones. Court Reporter/Transcriber: Margaret Griener, 775-329-9980. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/11/2015. Redacted Transcript Deadline set for 12/21/2015. Release of Transcript Restriction set for 2/18/2016. (MG) |
| Filing 197 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/9/2015 before Judge Robert C. Jones. Crtrm Administrator: Eileen Wood; Pla Counsel: Michael Rounds, Charles Shifley, Binal Patel; Def Counsel: John Kreiger, Joel Schwartz, Gregory Commins, Shawnna Yashar; Court Reporter: Margaret Greiner; Time of Hearing: 11:21-11:36 AM; Courtroom: 7C. The Court hears representations of counsel regarding #160 MOTION to Dismiss, #179 MOTION for District Judge to Reconsider #158 Order, #165 MOTION to Sever, #166 MOTION to Stay, #164 and MOTION to Strike. The Court takes these matters under submission and Orders will follow. (no image attached) (Copies have been distributed pursuant to the NEF - EW) |
| Filing 196 RESPONSE to #194 Motion for Leave to File,, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Replies due by 9/14/2015. (Hamp, Eric) |
| Filing 195 NOTICE of Firm Name and Email Address Change; filed by ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 194 MOTION for Leave to File a Sur-Reply to ESCOs Motion for Limited Reconsideration of the Courts Claim Construction Order by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Attachments: #1 Proposed Sur-Reply, #2 Exhibit to Proposed Sur-Reply)(Commins, Gregory) |
| Filing 193 NOTICE of Hearing Location: Motion Hearing RE: #160 MOTION to Dismiss, #164 MOTION to Strike, #165 MOTION to Sever, #166 MOTION to Stay, and #179 MOTION for District Judge to Reconsider #158 Order, set for 9/9/2015 10:00 AM in LV Courtroom 7C before Judge Robert C. Jones. (no image attached)(LE) |
| Filing 192 MINUTES OF PROCEEDINGS -Post Claim Construction Settlement Conference held on 8/13/2015 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Teresa Hoskin; Pla Counsel: Charles Shifley; Def Counsel: Gregory Commins, Jr., Jaime Myers, Joseph Reed, Shital Shah; Time of Hearing: 9:35 a.m.; (Copies have been distributed pursuant to the NEF - TR) |
| Filing 191 REPLY to Response to #179 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendants ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, Counter Claimants ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rounds, Michael) |
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Filing 190
MINUTE ORDER setting Oral Argument re #160 Plaintiff's Motion to Dismiss; #164 MOTION to Strike by Plaintiffs ESCO Canada, Ltd, ESCO Corporation; #165 MOTION to Sever by Plaintiffs ESCO Canada, Ltd, ESCO Corporation; and #166 MOTION to Stay by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion Hearing set for 9/9/2015 10:00 AM in Courtroom to be determined before Judge Robert C. Jones. Signed by Judge Robert C. Jones on 7/21/15. (Copies have been distributed pursuant to the NEF - PS)
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Filing 189
ORDER Granting #187 Stipulation for Extension to Respond to Defendants' Opposition to ESCO's #179 Motion for Limited Reconsideration. (First Request) Replies now due by 7/27/2015. Signed by Judge Robert C. Jones on 7/21/15. (Copies have been distributed pursuant to the NEF - PS)
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| Filing 188 REPLY to Response to #160 Motion to Dismiss, #165 Motion to Sever, #166 Motion to Stay, #164 Motion to Strike, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Hamp, Eric) |
| Filing 187 STIPULATION FOR EXTENSION OF TIME (First Request) to Reply re #179 Motion, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Hamp, Eric) |
| Filing 186 RESPONSE to #179 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. Replies due by 7/18/2015. (Commins, Gregory) |
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Filing 185
ORDER Granting #184 Stipulation for Extension to Reply to #160 MOTION to Dismiss. Replies due by 7/16/2015. Signed by Judge Robert C. Jones on 6/30/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 184 STIPULATION FOR EXTENSION OF TIME to Reply to #182 Response to #160 Motion, ; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Hamp, Eric) |
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Filing 183
ORDER Granting #181 Stipulation for Extension to Respond to #179 MOTION for District Judge to Reconsider #158 Order. Responses due by 7/8/2015. Signed by Judge Robert C. Jones on 6/23/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 182 RESPONSE to #160 Motion to Dismiss, #165 Motion to Sever, #166 Motion to Stay, #164 Motion to Strike,, filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Replies due by 7/2/2015. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H)(Commins, Gregory) |
| Filing 181 FIRST STIPULATION FOR EXTENSION OF TIMEre #179 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order; filed by Counter Claimants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc, Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) |
| Filing 180 NOTICE of Change of Address by John L. Krieger. (Krieger, John) |
| Filing 179 MOTION for District Judge to Reconsider #158 Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 6/26/2015. (Attachments: #1 Memorandum in Support)(Hamp, Eric) |
| Filing 178 ANSWER to #162 Counterclaim, filed by Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.(Commins, Gregory) |
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Filing 177
ORDER Scheduling a Post Claim Construction Settlement Conference. Settlement Conference set for 8/11/2015 09:30 AM in LV Courtroom 3C before Magistrate Judge Peggy A. Leen. Signed by Magistrate Judge Peggy A. Leen on 6/5/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing 176
ORDER Granting #175 Stipulation to Extend Time to Respond to #160 Motion to Dismiss Counterclaims, #164 Motion to Strike, #165 Motion to Sever and Stay, and #166 Motion to Stay. Responses due by 6/22/2015. Signed by Judge Robert C. Jones on 6/5/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 175 SECOND STIPULATION FOR EXTENSION OF TIME to file Response; filed by Counter Claimants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc, Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) |
| Filing 174 MINUTE ORDER IN CHAMBERS of the Honorable Robert C. Jones, District Judge on 6/2/2015, by Carrie Lipparelli, Judicial Assistant.IT IS HEREBY ORDERED that the Stipulation for Claim Construction Hearing Protocol (ECF #150) is DENIED AS MOOT.IT IS SO ORDERED this 2nd day of June, 2015. Signed Judge Robert c. Jones. (no image attached) (Copies have been distributed pursuant to the NEF - CL) |
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Filing 173
ORDER Granting #169 Stipulation. IT IS SO ORDERED. The parties shall file their interim status report no later than July 13, 2015. The parties shall also contact Judge Peggy Leen's chambers to set a date and time for the settlement conference. Signed by Magistrate Judge Carl W. Hoffman on 6/2/15. (Copies have been distributed pursuant to the NEF - TR)
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Filing 172
ORDER Granting #171 Stipulation Holding Pre-trial Deadlines in Abeyance Pending Resolution of Motions. Signed by Magistrate Judge Carl W. Hoffman on 6/2/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 171 STIPULATION FOR EXTENSION OF TIME (First Request) Holding Pre-Trial Deadlines in Abeyance Pending Resolution of Motions by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendants ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, Counter Claimants ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 170 Interim STATUS REPORT by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendants ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, Counter Claimants ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 169 FIRST STIPULATION FOR EXTENSION OF TIME filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendants ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, Counter Claimants ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
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Filing 168
ORDER Granting #167 Stipulation for Extension of Time to Respond to #160 Motion to Dismiss, #165 Motion to Sever and #166 Motion to Stay. Responses due by 6/8/2015. Signed by Judge Robert C. Jones on 5/26/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 167 FIRST STIPULATION FOR EXTENSION OF TIME to Respond; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Commins, Gregory) |
| Filing 166 MOTION to Stay by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Rounds, Michael) |
| Filing 165 MOTION to Sever by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 5/31/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Rounds, Michael) |
| Filing 164 MOTION to Strike by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 5/31/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Rounds, Michael) |
| Filing 163 NOTICE of Attorney Action Required: to #160 Motion to Dismiss: ERROR: Document contained four (4) Motions and should have been filed as separate entries by attorney Michael D Rounds , pursuant to Special Order 109 a separate document must be filed for each type of document or purpose . Attorney advised in the future please file documents in accordance with Special Order 109 filing procedures; to prevent delay in the timely filing of documents. CORRECTION: Attorney is advised to file the additional requests contained in #160 Motion to Dismiss as: 1. Motion to Strike found under the MOTIONS category . 2. Motion to Sever found under the MOTIONS category . 3. Motion to Stay found under the MOTIONS category. (no image attached)(DKJ) |
| Filing 162 ANSWER to #137 Amended Complaint, COUNTERCLAIM against Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. filed by ESCO Canada, Ltd, ESCO Corporation.(Rounds, Michael) . |
| Filing 161 ANSWER to #136 to Amended Complaint, Counterclaim filed by ESCO Canada, Ltd, ESCO Corporation.(Rounds, Michael) |
| Filing 160 MOTION to Dismiss filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 5/30/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Proposed Order)(Rounds, Michael) |
| Filing 159 NOTICE of Appearance by attorney Michael D Rounds on behalf of Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
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Filing 158
ORDER. IT IS HEREBY ORDERED that the disputed terms of the various patents-in-suit be construed as indicated order. Signed by Judge Robert C. Jones on 5/12/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 157 EXHIBIT LIST by Plaintiffs ESCO Canada, Ltd, ESCO Corporation.(TR) |
| Filing 156 EXHIBIT LIST by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc.(TR) |
| Filing 155 MINUTES OF PROCEEDINGS - Claim Construction/Markman Hearing held on 5/6/2015 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Michael Rounds, Charles Shifley, Binal Patel, Timothy Rechtien and Steven Calaoiaro; Def Counsel: Gregory Commins, Shawnna Yashar, John Krieger, Joel Schwarz and Michael Anderson; Court Reporter/FTR #: Margaret Griener; Time of Hearing: 9:10 a.m. - 10:02 a.m. 10:21 a.m. - 10:43 a.m.; Courtroom: 6; After hearing counsels' respective positions with respect to the terms at issue, the Court takes this matter under submission. The Court will include the tutorials as part of the record of this hearing. Plaintiffs' and Defendants' exhibit numbers 1 thru 4 are admitted into evidence. Written ruling of the Court will issue.(no image attached) (Copies have been distributed pursuant to the NEF - LE) |
| Filing 153 NOTICE filed by all Defendants (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit F, #7 Exhibit G)(Krieger, John) . |
| Filing 152 NOTICE filed by ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Caloiaro, Steven) |
| Filing 154 MINUTES OF PROCEEDINGS - Claim Construction/Markman Hearing held on 5/5/2015 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Michael Rounds, Charles Shifley, Binal Patel, Timothy Rechtien and Steven Calaoiaro; Def Counsel: Gregory Commins, Shawnna Yashar, John Krieger, Joel Schwarz and Michael anderson; Court Reporter/FTR #: Margaret Griener; Time of Hearing: 9:01 a.m. - 9:28 a.m. 9:36 a.m. - 9:56 a.m. 10:11 a.m. - 11:51 a.m. 1:23 p.m. - 3:36 p.m. 3:47 p.m. 4:42 p.m.; Courtroom: 6; Counsel present PowerPoint tutorials. Court hears representations of Counsel regarding the terms at issue. IT IS ORDERED that the Claim Construction/Markman Hearing is continued to Wednesday, 5/6/2015 09:00 AM in Reno Courtroom 6 before Judge Robert C. Jones.(no image attached) (Copies have been distributed pursuant to the NEF - LE) |
| Filing 151 RESPONSE to #149 Supplement filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. (Commins, Gregory) . |
| Filing 150 STIPULATION for Protocol re: Claim Construction Hearing filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 149 SUPPLEMENT to #145 Brief, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 43)(Hamp, Eric). |
| Filing 148 NOTICE re #132 Order; filed by Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) |
| Filing 147 BRIEF filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1)(Rounds, Michael) |
| Filing 146 RESPONSE to #138 Brief; filed by Defendant Caterpillar, Inc.. (Attachments: #1 Declaration of Shawnna Yashar, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(Commins, Gregory) |
| Filing 145 BRIEF filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 27, #2 Exhibit 28, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Exhibit 32, #7 Exhibit 33, #8 Exhibit 34, #9 Exhibit 35, #10 Exhibit 36, #11 Exhibit 37, #12 Exhibit 38, #13 Exhibit 39, #14 Exhibit 40, #15 Exhibit 41, #16 Exhibit 42)(Rounds, Michael) |
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Filing 144
ORDER Granting #142 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Randolph Foster for ESCO Canada, Ltd, ESCO Canada, Ltd and approving Designation of Local Counsel. Signed by Judge Robert C. Jones on 4/23/15. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR)
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Filing 143
ORDER Granting #141 Stipulation for Extension of Time to Respond to #136 Answer to Amended Complaint and #137 Answer to Amended Complaint. Responses due by 5/13/2015. Signed by Judge Robert C. Jones on 4/8/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 142 VERIFIED PETITION for Permission to Practice Pro Hac Vice by RANDOLPH FOSTER and DESIGNATION of Local Counsel MICHAEL D. ROUNDS (Filing fee $ 250 receipt number 0978-3621441) filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation . (Rounds, Michael) |
| Filing 141 FIRST STIPULATION FOR EXTENSION OF TIME to Respond; filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 140 BRIEF filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Defendants Opening Claim Construction Brief (Attachments: #1 Shawnna M. Yashar Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Fred Smith Declaration, #17 Exhibit A, #18 Exhibit B, #19 Exhibit C, #20 Exhibit D, #21 Exhibit E, #22 Exhibit F, #23 Exhibit G, #24 Exhibit H, #25 Exhibit I)(Commins, Gregory) |
| Filing 139 EXHIBIT(s) Joint Exhibits for Parties' Opening Claim Construction Briefs filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit J1, #2 Exhibit J2, #3 Exhibit J3, #4 Exhibit J4-1, #5 Exhibit J4-2, #6 Exhibit J5, #7 Exhibit J6, #8 Exhibit J7, #9 Exhibit J8, #10 Exhibit J9, #11 Exhibit J10, #12 Exhibit J11-1, #13 Exhibit J11-2, #14 Exhibit J12, #15 Exhibit J13, #16 Exhibit J14, #17 Exhibit J15-1, #18 Exhibit J15-2, #19 Exhibit J16, #20 Exhibit J17)(Rounds, Michael) |
| Filing 138 BRIEF filed by Counter Defendants ESCO Canada, Ltd, ESCO Canada, Ltd, ESCO Corporation, ESCO Corporation, ESCO Corporation, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. ESCO Parties' Opening Brief on Claim Construction (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26)(Rounds, Michael) |
| Filing 137 ANSWER to #130 Amended Complaint, with Jury Demand , COUNTERCLAIM against ESCO Canada, Ltd, ESCO Corporation filed by Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Commins, Gregory) |
| Filing 136 ANSWER to #130 Amended Complaint, with Jury Demand , COUNTERCLAIM against ESCO Canada, Ltd, ESCO Corporation filed by Raptor Mining Products (USA), Inc, Raptor Mining Products Inc.(Krieger, John) |
| Filing 135 STATEMENT of Amended Joint Claim Construction and Prehearing Statement for the Consolidated Cases (L.R. 16.1-15) by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Commins, Gregory) |
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Filing 134
ORDER ON STIPULATION Granting #133 STIPULATION FOR EXTENSION OF TIME to File Joint Claim Construction and Prehearing Statement. Signed by Magistrate Judge Carl W. Hoffman on 3/16/15. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 133 STIPULATION FOR EXTENSION OF TIME (First Request) to File Joint Claim Construction and Prehearing Statement by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendant ESCO Corporation. (Rounds, Michael) |
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Filing 132
ORDER for Claim Construction Briefing Signed by Magistrate Judge Carl W. Hoffman on 3/11/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 131 Submission of PROPOSED ORDER re: 126 MINUTES OF PROCEEDINGS re Claim Construction Hearing; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Attachments: #1 Proposed Order)(Commins, Gregory) |
| Filing 130 AMENDED COMPLAINT with Jury Demand against Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc, filed by ESCO Canada, Ltd, ESCO Corporation. No changes to parties. Proof of service due by 6/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Hamp, Eric) |
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Filing 129
ORDER that #123 Motion to Dismiss is GRANTED. IT IS FURTHER ORDERED that [93-19] Motion to Dismiss is DENIED Without Prejudice. IT IS FURTHER ORDERED that #125 Motion to Extend Time is DENIED as moot. Amended Complaint deadline: 3/2/2015. Signed by Judge Robert C. Jones on 2/9/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 128 RESPONSE to #123 MOTION to Dismiss re: #93 Motion to Dismiss (see attachment 19), filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation, Counter Defendant ESCO Corporation. Replies due by 2/16/2015. (Attachments: #1 Exhibit A)(Rounds, Michael) |
| Filing 127 ANSWER to Complaint with Jury Demand re: 2:14-cv-529, COUNTERCLAIM against ESCO Corporation filed by Caterpillar Global Mining, LLC, Cashman Equipment Company, Caterpillar, Inc..(Yashar, Shawnna) |
| Filing 125 SECOND MOTION to Extend Time re: Complaint filed in 2:14-cv-00529 [Dkt. No. 1]; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Yashar, Shawnna) |
| Filing 124 NOTICE of Attorney Action Required: to #123 MOTION to Dismiss : ERROR: Documents should have been filed as separate entries by attorney Shawnna M. Yashar , pursuant to Special Order 109 a separate document must be filed for each type of document or purpose . Attorney advised in the future please file documents in accordance with Special Order 109 filing procedures; to prevent delay in the timely filing of documents. CORRECTION: Attorney is advised to file the additional pleadings contained in document #123 MOTION to Dismiss, as: 1. Motion to Extend Time found under the, MOTIONS category and properly link newly filed Motion to #27 AMENDED COMPLAINT. 2. Motion to Strike, found under the MOTIONS category and properly link newly filed Motion to #93 to read as Motion to Strike #93 Answer and Counterclaim (see attachment 22). Please contact the Court at 464-5555 for any assistance pertaining to the filing of the Motions. (no image attached)(RFJ) |
| Filing 123 MOTION to Dismiss re: #93 Motion to Dismiss (see attachment 19); filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. Responses due by 2/6/2015. (Yashar, Shawnna) |
| Filing 126 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 1/14/2015 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Binal Patel; Def Counsel: Joel Schwarz and Gregory Commins; Court Reporter/FTR #: Joan Quiros; Time of Hearing: 10:18 - 10:31 a.m.; Courtroom: 4A; All parties appeared telephonically. The Court makes preliminary statements and hears representations of counsel regarding procedural matters going forward following #118 Order to Consolidate. Discussion is then held with respect to the previously scheduled Claim Construction Hearing. The parties agree to continue the March 18, 2015 Claim Construction Hearing to May, 2015 in Reno, NV. IT IS ORDERED that the Claim Construction Hearing currently scheduled for March 18, 2015 and March 19, 2015 are hereby VACATED and RESET for Tuesday, May 5, 2015 and Wednesday, May 6, 2015 at 9:00 AM in Reno Courtroom 6 before Judge Robert C. Jones. (no image attached) (Copies have been distributed pursuant to the NEF - LE) |
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Filing 122
ORDER ON STIPULATION Granting #120 FIRST STIPULATION FOR EXTENSION OF TIME re: #27 AMENDED COMPLAINT. Answers due 1/30/2015. Signed by Judge Robert C. Jones on 1/8/15. (Copies have been distributed pursuant to the NEF - TR)
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| Filing 121 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 1/8/2015. Telephonic Status Conference set for 1/14/2015 10:00 AM in LV Courtroom 4A before Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - TR) |
| Filing 120 FIRST STIPULATION FOR EXTENSION OF TIME re: #27 AMENDED COMPLAINT; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products Inc, Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Commins, Gregory) |
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Filing 118
ORDER to Consolidate. It is ORDERED that 2:14-cv-00529-RCJ-PAL is consolidated under 2:12-cv-01545-RCJ-CWH. Signed by Judge Robert C. Jones on 12/30/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 117
ORDER Granting #113 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Shawnna M. Yashar for Cashman Equipment Company, Caterpillar Global Mining, LLC, and Caterpillar, Inc. and approving Designation of Local Counsel Todd M. Touton. Signed by Judge Robert C. Jones on 12/29/14. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR)
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Filing 116
ORDER Granting #112 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael E. Anderson for Cashman Equipment Company, Caterpillar Global Mining, LLC, and Caterpillar, Inc. and approving Designation of Local Counsel Todd M. Touton. Signed by Judge Robert C. Jones on 12/29/14. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR)
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Filing 115
ORDER Granting #111 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Paul E. Poirot for Cashman Equipment Company, Caterpillar Global Mining, LLC, and Caterpillar, Inc. and approving Designation of Local Counsel Todd M. Touton. Signed by Judge Robert C. Jones on 12/29/14. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - TR)
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| Filing 114 SUPPLEMENT to #102 Statement, filed by Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) |
| Filing 119 MINUTES OF PROCEEDINGS - TELEPHONIC Status Conference held on 12/17/2014 before Judge Robert C. Jones. Crtrm Administrator: Lesa Ettinger; Pla Counsel: Michael Rounds, Binal Patel, Timothy Rechtien; Def Counsel: John Krieger, Gregory Commins; Court Reporter/FTR #: Margaret Griener; Time of Hearing: 10:49 - 11:06 a.m.; Courtroom: 4B; The Court inquires as to status and hears representations of counsel in that regard. Parties shall meet and confer and submit a supplemental joint claim construction and prehearing statement in accordance with the Court's instructions, as stated on the record. (no image attached) (Copies have been distributed pursuant to the NEF - LE) |
| Filing 113 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Shawnna M. Yashar and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-3494872) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. . Motion ripe 12/17/2014. (Mabry, Lynda) |
| Filing 112 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael E. Anderson and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-3494863) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. . Motion ripe 12/17/2014. (Mabry, Lynda) |
| Filing 111 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Paul E. Poirot and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-3494845) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. . Motion ripe 12/17/2014. (Mabry, Lynda) |
| Filing 110 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 12/11/2014. IT IS HEREBY ORDERED that the Claim Construction Hearing currently set for 10:00 A.M., Wednesday, January 14, 2015, and Thursday, January 15, 2015, in LAS VEGAS Courtroom TBD, before Judge Robert C. Jones is VACATED and RESCHEDULED to Wednesday, March 18, 2015 and Thursday, March 19, 2015, in LAS VEGAS Courtroom TBD. IT IS FURTHER ORDERED that a Telephonic Conference Call for the purposes of setting abriefing schedule and other related matters concerning the Claim Construction Hearing is set for 10:30A.M., Wednesday, December 17, 2014, before Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - TR) |
| Filing 109 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 12/9/2014. IT IS HEREBY ORDERED that the Claim Construction Hearing is set 10:00 A.M., Wednesday, January 14, 2015, and Thursday, January 15, 2015, in LAS VEGAS Courtroom TBD, before Judge Robert C. Jones. (Copies have been distributed pursuant to the NEF - TR) |
| Filing 108 NOTICE re: Petition for a Writ of Mandamus; filed by ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1)(Hamp, Eric) |
| Filing 107 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 11/3/2014. IT IS ORDERED that this case is reassigned to Magistrate Judge Carl W. Hoffman for all further proceedings. All further documents must bear the correct case number 2:12-cv-01545-RCJ-CWH. (no image attached) (Copies have been distributed pursuant to the NEF - RFJ) |
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Filing 106
ORDER OF RECUSAL. This action is referred to the Clerk for reassignment. Signed by Magistrate Judge Nancy J. Koppe on 11/3/2014. (Copies have been distributed pursuant to the NEF - EDS)
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Filing 105
ORDER Granting #103 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Eric Hamp for ESCO Canada, Ltd. and ESCO Corporation and approving Attorney Michael D. Rounds as Designation of Local Counsel. Signed by Judge Robert C. Jones on 10/28/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - EDS) (Main Document 105 replaced on 10/28/2014) (EDS).
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| Filing 104 NOTICE of Corrected Image/Document re #102 Statement by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Service of corrected image is attached). (Rounds, Michael) Modified on 10/23/2014 to reflect The two exhibits (102-1 and 102-2) were not refiled as those were ok. (BLG). |
| Filing 103 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric J. Hamp and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 200 receipt number 0978-3432334) filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation . Motion ripe 10/23/2014. (Rounds, Michael) |
| Filing 102 STATEMENT of Joint Claim Construction and Prehearing Statement by Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Krieger, John) Corrected image #104 attached on 10/23/2014 (RFJ). |
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Filing 101
ORDER ON STIPULATION Granting #100 AMENDED FIRST STIPULATION FOR EXTENSION OF TIME to File Joint Claim Construction and Prehearing Statement. Joint Statement due 10/21/2014. Signed by Magistrate Judge Nancy J. Koppe on 10/17/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 100 AMENDED FIRST STIPULATION FOR EXTENSION OF TIME to File Joint Claim Construction and Prehearing Statement; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
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Filing 99
ORDER ON STIPULATION Denying without prejudice #98 FIRST STIPULATION FOR EXTENSION OF TIME to File Joint Claim Construction and Prehearing Statement. Signed by Magistrate Judge Nancy J. Koppe on 10/15/2014. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 98 FIRST STIPULATION FOR EXTENSION OF TIME to File Joint Claim Construction and Prehearing Statement; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 97 Joint STATUS REPORT by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
| Filing 96 NOTICE filed by Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Attachments: #1 Exhibit A)(Hernquist, Robert) |
| Filing 95 NOTICE of Change of Attorney; filed by Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Hudgens, Marla) |
| Filing 94 MINUTE ORDER IN CHAMBERS of the Honorable Judge Robert C. Jones, on 9/3/2014. This action was received on* 9/3/2014* pursuant to a court order directing transfer from the* Central District of Illinois* and assigned case number 2:12-cv-01545-RCJ-NJK. All future documents must bear said correct case number. Joint Status Report due by 10/3/2014. Verified Petition due by 10/18/2014. (Copies have been distributed pursuant to the NEF - EDS) |
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Filing 93
ORDER Transferring Case from the Central District of Illinois.Case reopened. (Attachments: #1 Central District of Illinois Docket Sheet, #2 88 Answer and Counterclaim, #3 89 Certificate of Interested Parties, #4 90 Raptor Mining Answer and Counterclaim, #5 91 Raptor Mining Certificate of Interested Parties, #6 92 Notice of Appearance, #7 93 Motion to Transfer, #8 94 Memorandum, #9 95 Certificate of Interested Parties, #10 96 Motion for Extension of Time, #11 97 Memorandum, #12 98 Response, #13 99 Order, #14 100 Response, #15 101 Appearance of Counsel, #16 102 Notice of Appearance, #17 103 Motion for Leave, #18 104 Notice of Appearance, #19 105 Motion to Dismiss, #20 106 Memorandum, #21 107 Answer and Counterclaim by Caterpillar, #22 108 Answer and Counterclaim by Esco, #23 109 Response, #24 110 Notice of Appearance, #25 111 Notice of Appearance, #26 112 Memorandum, #27 113 Memorandum, #28 114 Answer to Counterclaims by Cashman, #29 115 Stipulation, #30 116 Motion for Leave, #31 117 Joint Motion, #32 118 Response, #33 119 Supplemental Brief, #34 120 Substitution of Counsel, #35 121 Substitution of Counsel, #36 122 Consent Order, #37 123 Consent Order, #38 124 Joint Motion, #39 125 Notice of Change of Address, #40 126 Joint Motion, #41 127 Motion to Withdraw, #42 129 Motion to Stay, #43 130 Memorandum)(Copies have been distributed pursuant to the NEF - EDS)
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Filing 92
ORDER Denying #88 Motion for District Judge to Reconsider Order. Signed by Judge Robert C. Jones on 1/10/14. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 91 REPLY to Response to #88 MOTION for District Judge to Reconsider Order re: #85 ORDER filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
| Filing 90 RESPONSE to #88 MOTION for District Judge to Reconsider Order, filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Replies due by 9/30/2013. (Commins, Gregory) |
| Filing 89 TRANSMITTAL RETURN. Transferred case opened in Central District of Illinois as case 1:13-cv-01409 on 9/5/2013. (MMM) |
| Filing 88 MOTION for District Judge to Reconsider Order re: #85 ORDER; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 9/22/2013. (Attachments: #1 Memorandum)(Rounds, Michael) |
| Filing 87 TRANSMITTAL of case to the Central District of Illinois. Case and docket sheet transferred electronically. (no image attached) (SLD) |
| Filing 86 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Order) (SLD) |
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Filing 85
ORDER Granting in Part and Denying in Part #28 Motion to Dismiss or Transfer Venue. The Clerk shall TRANSFER the case to the Central District of Illinois and close the case administratively in this District. Signed by Chief Judge Robert C. Jones on 8/27/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 84 NOTICE of Corrected Image/Document re #83 Notice (Other) by Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Service of corrected image is attached). (Krieger, John) |
| Filing 83 NOTICE of Firm name change; filed by Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) Corrected image #84 attached on 8/29/2013 (RFJ). |
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Filing 82
ORDER that #81 Motion to Amend/Correct #78 Scheduling Order and Continue Pre-Trial Deadlines is DENIED without prejudice. Signed by Magistrate Judge Nancy J. Koppe on 8/22/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 81 Emergency MOTION to Amend/Correct re: #78 SCHEDULING ORDER; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Responses due by 9/8/2013. (Attachments: #1 Memorandum in Support, #2 Exhibit A, #3 Declaration Binal J. Patel, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Proposed Order)(Rounds, Michael) |
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Filing 80
ORDER ON STIPULATION Granting #79 Stipulation to Continue Certain Pre-Trial Deadlines (First Request). Signed by Magistrate Judge Nancy J. Koppe on 8/16/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 79 STIPULATION to Continue Certain Pre-Trial Deadlines; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Rounds, Michael) |
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Filing 78
SCHEDULING ORDER Granting #77 Amended Proposed Discovery Plan/Scheduling Order. Signed by Magistrate Judge Nancy J. Koppe on 7/29/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 77 AMENDED PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit A)(Patel, Binal) |
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Filing 76
ORDER that the parties shall comply with the requirements of LR 10-5(b), the Ninth Circuit's decision in Kamakana 447 F.3d 1172, and the procedures outline in this Order, with respect to any documents filed under seal. Signed by Magistrate Judge Nancy J. Koppe on 6/25/2013. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 75
PROTECTIVE ORDER: Amended Page 15. Signed by Magistrate Judge Nancy J. Koppe on 6/25/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 74 MINUTES OF PROCEEDINGS - Scheduling Conference held on 6/24/2013 before Magistrate Judge Nancy J. Koppe. Crtrm Administrator: Alana Kamaka; Pla Counsel: Michael Rounds, Charles Shifley, and Binal Patel; Def Counsel: John Krieger, Todd Touton, Gregory Commins, and Colby Springer; Court Reporter/FTR #: 10:02:41 - 10:11:02; Time of Hearing: 10:02-10:12; Courtroom: 3D; Counsel is advised that this Court does not have jurisdiction to rule on the pending motion to dismiss as requested by plaintiff with reference to docket #53 regarding case reassignment. The District Judge will make that determination. In response to plaintiffs request that this Court order discovery on counterclaims, the Court finds that the defendant is correct that the defendant does not have to state its counterclaims until it answers the complaint. The defendant doesn't have to answer the complaint until the motion to dismiss is decided. It appears that the defendant is asking for a stay. Since the motion to dismiss hasn't been determined, the complaint as it is without counterclaims, can't be plead yet. On the discovery that can now proceed on the complaint as it has been plead, IT IS ORDERED that the parties shall submit a discovery plan and scheduling order by this Friday, 6/28/13, on those. The counterclaims will be addressed when those become at issue. There may not be an agreement on the number of depositions, therefore, IT IS FURTHER ORDERED that counsel shall come to an agreement on anything that can be agreed to. Counsel to spell out anything that can't be agreed upon, and the Court will make a determination. The Protective Order which may be modified by the Court will be entered and filed separately by the Court. (no image attached) (Copies have been distributed pursuant to the NEF - AKK) |
| Filing 73 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation (Joint Revised). (Attachments: #1 Exhibit A, #2 Exhibit B)(Patel, Binal) |
| Filing 72 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on June 17, 2013, RE: #71 Propose Discovery Plan and Scheduling Order. The Court has reviewed #71 Proposed Discovery Plan and Scheduling Order, and finds that it does not comply with the Courts June 10, 2013, Order 70 . The Defendants take the position that discovery should be stayed pending the Courts ruling on #28 Motion to Dismiss or in the Alternative, to Transfer Venue. However, they have not properly moved to stay discovery for that reason. Accordingly, the parties must meet and confer and submit a discovery plan which initiates discovery forthwith. IT IS ORDERED that the parties shall submit a proper joint proposed discovery plan and scheduling order by June 20, 2013. (no image attached) (Copies have been distributed pursuant to the NEF - KBB) |
| Filing 71 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Patel, Binal) |
| Filing 70 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on June 10, 2013, granting #64 Plaintiffs' Motion for a Rule 16 Scheduling Conference. IT IS ORDERED that #64 Plaintiffs' Motion for a Rule 16 Scheduling Conference is hereby GRANTED. IT IS FURTHER ORDERED that the parties shall submit a joint proposed discovery plan and scheduling order by June 14, 2013. Finally, IT IS ORDERED that a scheduling conference is set for June 24, 2013, at 10:00AM in LV courtroom 3A before Magistrate Judge Nancy J. Koppe. (Copies have been distributed pursuant to the NEF - KBB) |
| Filing 69 REPLY to Response to #64 MOTION for Hearing FOR A RULE 16 SCHEDULING CONFERENCE filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit A)(Patel, Binal) |
| Filing 68 RESPONSE to #64 MOTION for Hearing filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Replies due by 6/15/2013. (Attachments: #1 Affidavit, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Commins, Gregory) |
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Filing 67
ORDER Granting #66 Motion to Substitute Attorney. Attorney Marla J. DaVee is substituted in place and stead of Attorneys John M. Touhy, Edward H. Williams, and Gillian Lindsay Whittlesey as counsel of record for Caterpillar, Inc. Signed by Magistrate Judge Nancy J. Koppe on 5/31/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 66 MOTION to Substitute Attorney filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Motion ripe 5/31/2013. (DaVee, Marla) |
| Filing 65 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on 5/28/2013. Before the Court is #64 Motion for a Rule 16 Scheduling Conference. IT IS ORDERED that a Response shall be filed by 6/5/13; and the Reply is due by 6/10/13.(no image attached) (Copies have been distributed pursuant to the NEF - KBB) |
| Filing 64 MOTION for a Rule 16 Scheduling Conference by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion ripe 5/24/2013. (Rounds, Michael) |
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Filing 63
ORDER Granting #59 Motion to Substitute Attorney. Attorney Marla J. DaVee is substituted in place and stead of John P. Heil, Jr. and Timothy Bertschy as counsel of record for Caterpillar, Inc. Signed by Magistrate Judge Nancy J. Koppe on 5/14/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| NOTICE of Docket Correction to #59 Submission of PROPOSED Order. ERROR: Wrong event selected by attorney Marla J. DaVee. CORRECTION: Clerk's office modified event as #59 MOTION to Substitute Attorney. (no image attached)(ASB) |
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Filing 62
ORDER Granting #60 Motion to Substitute Attorney. Todd M. Touton is substituted in place and stead of Timothy L Bertschy and John P Heil, Jr. as counsel of record for Caterpillar, Inc. Signed by Magistrate Judge Nancy J. Koppe on 5/10/13. (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 61 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Nancy J. Koppe, on 5/10/2013 denying #41 Motion to Stay. On December 4, 2012, the Defendants moved to stay this case pending a decision by the Central District of Illinois on a motion to transfer venue. On May 9, 2013, the Plaintiff, in its Motion to Withdraw Counsel #56 , indicated to the Court that the case has been transferred to the District of Nevada. Accordingly, IT IS HEREBY ORDERED that #41 Motion to Stay is DENIED as moot. (Copies have been distributed pursuant to the NEF - KBB) |
| Filing 60 MOTION to Substitute Attorney filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Motion ripe 5/10/2013. (Touton, Todd) |
| Filing 59 MOTION to Substitute Attorney filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. (DaVee, Marla) |
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Filing 58
ORDER Granting #56 Motion to Withdraw Counsel. Attorney David G. Lubben and the law firm of Davis & Campbell LLC are withdrawn from the case. ESCO shall continue to be represented by Watson Rounds and Banner & Witcoff. Signed by Magistrate Judge Nancy J. Koppe on 5/9/2013. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 57 NOTICE of Corrected Image/Document re #56 MOTION to Withdraw as Attorney by David G. Lubben by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Service of corrected image is attached). (Rounds, Michael) |
| Filing 56 MOTION to Withdraw as Attorney filed by David G. Lubben by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion ripe 5/9/2013. (Rounds, Michael) Corrected image #57 added on 5/9/2013 (RFJ). |
| Filing 55 NOTICE of Change of Attorney on behalf of Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
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Filing 54
ORDER to Consolidate. It is ORDERED that case numbers 2:12-cv-02174-JCM-NJK and 2:12-cv-1545-RCJ-NJK be consolidated. All future filings shall be in the base case, 2:12-cv-1545-RCJ-NJK. Signed by Judge James C. Mahan on 4/10/2013. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 53 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 2/6/2013. IT IS ORDERED that this case is reassigned to Magistrate Judge Nancy J. Koppe for all further proceedings. Magistrate Judge Peggy A. Leen no longer assigned to case. All further documents must bear the correct case number 2:12-cv-01545-RCJ-NJK. (no image attached) (Copies have been distributed pursuant to the NEF - SLR) |
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Filing 52
ORDER Granting #51 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Colby B. Springer and approving Attorney John L. Krieger as Designation of Local Counsel. Signed by Chief Judge Robert C. Jones on 1/15/2013. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 51 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Colby Springer and DESIGNATION of Local Counsel John L. Krieger (Filing fee $ 200 receipt number 0978-2651784) filed by Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. Motion ripe 1/2/2013. (Krieger, John) |
| Filing 50 NOTICE OF RELATED CASES 2:12-cv-02174 by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Patel, Binal) |
| Filing 49 RESPONSE to #41 MOTION to Stay, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Replies due by 12/30/2012. (Attachments: #1 Declaration of Timothy J. Rechtien, #2 Exhibit 1, #3 Exhibit 2)(Patel, Binal) |
| Filing 48 NOTICE re: #47 ORDER; filed by ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit 1)(Rounds, Michael) |
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Filing 47
ORDER Granting #46 Motion to Continue Scheduling Conference. The scheduling conference currently scheduled for December 20, 2012, at 8:30 a.m., is VACATED until after decision on the motion to stay. Signed by Magistrate Judge Peggy A. Leen on 12/13/2012. (Copies have been distributed pursuant to the NEF - SLR)
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| Filing 46 MOTION to Continue Magistrate Judge Hearing filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. Motion ripe 12/13/2012. (Attachments: #1 Exhibit 1)(Krieger, John) Modified on 12/14/2012 (RFJ). |
| Filing 45 REPLY to #37 Proposed Discovery Plan/Scheduling Order ; filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Declaration Timothy J. Rechtien, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Patel, Binal) |
| Filing 44 NOTICE of Hearing: A Scheduling Conference is set for 12/20/2012, at 08:30 AM, in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding ESCO's #37 Proposed Discovery Plan and Scheduling Order.(no image attached)(TKH) |
| Filing 43 RESPONSE to #37 Proposed Discovery Plan/Scheduling Order ; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Commins, Gregory) |
| Filing 42 MEMORANDUM re #41 MOTION to Stay filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Commins, Gregory) |
| Filing 41 MOTION to Stay by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. Motion ripe 12/4/2012. (Commins, Gregory) |
| Filing 40 EXHIBIT(s) to #39 Declaration; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Commins, Gregory) |
| Filing 39 DECLARATION re #38 Reply to Response to #28 MOTION to Dismiss or in the Alternative, to Transfer Venue filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc. (Attachments: #1 Exhibit 1 (Commins Declaration), #2 Exhibit 2 (Commins Declaration), #3 Exhibit 3 (Commins Declaration), #4 Exhibit 4 (Commins Declaration), #5 Exhibit 5 (Commins Declaration), #6 Exhibit 6 (Commins Declaration), #7 Exhibit 7 (Commins Declaration), #8 Declaration, #9 Declaration)(Commins, Gregory) |
| Filing 38 REPLY to Response to #28 MOTION to Dismiss or in the Alternative, to Transfer Venue filed by Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Commins, Gregory) |
| Filing 37 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Patel, Binal) |
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Filing 36
ORDER ON STIPULATION Granting #35 Stipulation for Extension of Time (First Request) to File Reply to #28 Motion to Dismiss, or in the Alternative, to Transfer Venue. Replies due by 12/3/2012. Signed by Chief Judge Robert C. Jones on 11/29/2012. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 35 STIPULATION FOR EXTENSION OF TIME (First Request) to File Reply to #28 MOTION to Dismiss or in the Alternative, to Transfer Venue by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc.. (Commins, Gregory) |
| Filing 34 RESPONSE to #28 MOTION to Dismiss or in the Alternative, to Transfer Venue, filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Replies due by 11/25/2012. (Attachments: #1 Declaration Timothy J. Rechtien, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Patel, Binal) |
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Filing 33
ORDER Granting #30 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robert G. Abrams for Caterpillar Global Mining LLC, Caterpillar, Inc., and Cashman Equipment Company and approving Attorney Todd M. Touton as Designation of Local Counsel. Signed by Chief Judge Robert C. Jones on 11/14/2012. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - AC)
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Filing 32
ORDER Granting #29 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gregory J. Commins, Jr for Caterpillar Global Mining LLC, Caterpillar, Inc., and Cashman Equipment Company and approving Attorney Todd M. Touton as Designation of Local Counsel. Signed by Chief Judge Robert C. Jones on 11/14/2012. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - AC)
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| Filing 31 NOTICE of Appearance by attorney Michael D Rounds on behalf of Plaintiffs ESCO Canada, Ltd, ESCO Corporation. for Adam P. McMillen (Rounds, Michael) |
| Filing 30 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert G. Abrams and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-2586892) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc.. Motion ripe 11/2/2012. (Touton, Todd) |
| Filing 29 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gregory J. Commins and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-2586846) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc.. Motion ripe 11/2/2012. (Touton, Todd) |
| Filing 28 MOTION to Dismiss or in the Alternative, to Transfer Venue by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. Responses due by 11/15/2012. (Attachments: #1 Supplement Memorandum in Support of Defendants' Motion to Dismiss, or in the Alternative, to Transfer Venue, #2 Declaration of Gregory J. Commins, Jr., Esq. in Support of Defendants' Motion to Dismiss, or in the Alternative, to Transfer Venue, #3 Exhibit 1-18 to Declaration of Gregory J. Commins, Jr., Esq., #4 Declaration of Clay Elward in Support of Defendants' Motion to Transfer, #5 Declaration of Murray Smith in Support of Defendants' Motion to Transfer, #6 Proposed Order Granting Defendants' Motion to Dismiss, #7 Proposed Order Granting Defendants' Motion to Transfer)(Krieger, John) |
| Filing 27 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by ESCO Corporation, ESCO Canada, Ltd. No changes to parties. Proof of service due by 2/2/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Rounds, Michael) |
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Filing 26
ORDER ON STIPULATION Granting #22 Stipulation to Continue Time to Respond to Complaint. Cashman Equipment Company, Caterpillar Global Mining, LLC., and Caterpillar, Inc. answer due 10/29/2012. Signed by Magistrate Judge Peggy A. Leen on 10/3/12. (Copies have been distributed pursuant to the NEF - EDS)
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Filing 25
ORDER ON STIPULATION Granting #21 Stipulation for Extension of Time to Respond to Complaint. Raptor Mining Products (USA), Inc. and Raptor Mining Products Inc answer due 10/29/2012. Signed by Magistrate Judge Peggy A. Leen on 10/3/12. (Copies have been distributed pursuant to the NEF - EDS) Modified on 10/3/2012 to correct stipulation number. Regenerated NEF -(EDS).
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| Filing 24 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 9/28/2012. By Deputy Clerk: Shannon Kirkpatrick. IT IS ORDERED that this case is reassigned to Magistrate Judge Peggy A. Leen for all further proceedings. All further documents must bear the correct case number 2:12-cv-01545-RCJ-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - SRK) |
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Filing 23
ORDER OF RECUSAL. This action is referred to the Clerk of Court for reassignment of Magistrate Judge. Signed by Magistrate Judge Cam Ferenbach on 9/28/2012. (Copies have been distributed pursuant to the NEF - EDS)
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| Filing 22 STIPULATION FOR EXTENSION OF TIME (First Request) re #14 Summons Returned Executed, #16 Summons Returned Executed, #15 Summons Returned Executed ; by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc.. (Touton, Todd) |
| Filing 21 STIPULATION FOR EXTENSION OF TIME (First Request) re #17 Summons Returned Executed ; Stipulation and Order for Extension of Time for Defendants Raptor Mining Products (USA), Inc. and Raptor Mining Products, Inc. to Respond to Plaintiffs' Complaint by Defendants Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Krieger, John) |
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Filing 20
ORDER Granting #12 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles W. Shifley and approving Designation of Local Counsel Michael D. Rounds for ESCO Corporation and ESCO Canda, Ltd.. Signed by Chief Judge Robert C. Jones on 9/21/12. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 19
ORDER Granting #11 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Timothy J. Rechtien and approving Designation of Local Counsel Michael D. Rounds for ESCO Corporation and ESCO Canada, Ltd.. Signed by Chief Judge Robert C. Jones on 9/21/12. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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Filing 18
ORDER Granting #10 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Binal J. Patel and approving Designation of Local Counsel Michael Rounds for ESCO Corporation and ESCO Canada, Ltd.. Signed by Chief Judge Robert C. Jones on 9/21/12. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - MMM)
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| Filing 17 SUMMONS Returned Executed by ESCO Corporation, ESCO Canada, Ltd. Raptor Mining Products (USA), Inc served on 9/7/2012, answer due 9/28/2012. (Rounds, Michael) |
| Filing 16 SUMMONS Returned Executed by ESCO Corporation, ESCO Canada, Ltd. Caterpillar, Inc. served on 9/7/2012, answer due 9/28/2012. (Rounds, Michael) |
| Filing 15 SUMMONS Returned Executed by ESCO Corporation, ESCO Canada, Ltd. Caterpillar Global Mining LLC served on 9/14/2012, answer due 10/5/2012. (Rounds, Michael) |
| Filing 14 SUMMONS Returned Executed by ESCO Corporation, ESCO Canada, Ltd. Cashman Equipment Company served on 9/10/2012, answer due 10/1/2012. (Rounds, Michael) |
| Filing 13 LETTER from The Corporation Trust Company of Nevada to Michael D. Rounds Re: Caterpillar Global Mining LLC. (SLR) |
| Filing 12 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles W. Shifley and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 200 receipt number 0978-2518802) filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion ripe 9/12/2012. (Rounds, Michael) |
| Filing 11 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Timothy J. Rechtien and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 200 receipt number 0978-2518788) filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion ripe 9/12/2012. (Rounds, Michael) |
| Filing 10 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Binal J. Patel and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee $ 200 receipt number 0978-2518777) filed by Plaintiffs ESCO Canada, Ltd, ESCO Corporation. Motion ripe 9/12/2012. (Rounds, Michael) |
| Filing 9 CERTIFICATE of Interested Parties filed by ESCO Canada, Ltd that identifies all parties that have an interest in the outcome of this case. Corporate Parent ESCO CORPORATION, Corporate Parent ESCO Canada, Ltd, Corporate Parent ESCO Limited, Corporate Parent Bucyrus Blades of Canada ULC, Corporate Parent ESCO Canada Finance Company Inc., Corporate Parent ESCO-Bucyrus Blades Canada for ESCO Canada, Ltd added. AMENDED. (Rounds, Michael) |
| Filing 8 NOTICE of Corrected Image/Document re #7 Certificate of Interested Parties by Plaintiff ESCO Corporation. (Service of corrected image is attached). (Rounds, Michael) |
| Filing 7 CERTIFICATE of Interested Parties filed by ESCO Corporation that identifies all parties that have an interest in the outcome of this case. Corporate Parent ESCO CORPORATION for ESCO Corporation added.. (Rounds, Michael) Corrected image #8 filed on 9/10/2012 (SRK). |
| Filing 6 CERTIFICATE of Interested Parties filed by ESCO Canada, Ltd that identifies all parties that have an interest in the outcome of this case. Corporate Parent ESCO CORPORATION, Corporate Parent ESCO Canada, Corporate Parent ESCO - Bucyrus Blades Canada, Corporate Parent ESCO Limited, Corporate Parent Bucyrus Blades of Canada ULC, Corporate Parent ESCO CAnada Finance Company Inc. for ESCO Canada, Ltd added.. (Rounds, Michael) |
| Filing 5 Summons Issued as to Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar, Inc., Raptor Mining Products (USA), Inc, Raptor Mining Products Inc. (Attachments: #1 summons issued as to Caterpillar Inc, #2 summons issued as to Caterpillar Global Mining LLC, #3 summons issued as to Raptor Mining Products (USA), Inc, #4 summons issued as to Raptor Mining Product Inc,)(MMM) |
| Filing 4 AO 120 - REPORT on the filing or determination of an action regarding a patent or trademark. E-mailed to the US Patent and Trademark Office. (Attachments: #1 Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (MMM) |
| Filing 3 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Charles W Shifley, Binal J Patel, Timothy J Rechtien to comply with completion and electronic filing of the Designation of Local Counsel and Verified Petition. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. Counsel is also required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings. Please visit the Court's website www.nvd.uscourts.gov to register Attorney(s). Verified Petition due by 10/14/2012.(no image attached) (MMM) |
| Filing 2 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (MMM) |
| Case assigned to Chief Judge Robert C. Jones and Magistrate Judge Cam Ferenbach. Nature of Suit: 830 Patent Case (MMM) |
| Filing 1 COMPLAINT for Patent Infringement with Jury Demand against All Defendants (Filing fee $ 350 receipt number 0978-2503680), filed by Esco Corporation, Esco Canada Ltd. Certificate of Interested Parties due by 9/8/2012. Proof of service due by 12/27/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons) (Rounds, Michael) |
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