ESCO Corporation v. Cashman Equipment Company et al
| ESCO Corporation |
| Cashman Equipment Company, Raptor Mining Products Inc., Caterpillar Global Mining LLC and Caterpillar Inc. |
| 2:2014cv00529 |
| April 7, 2014 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Robert C Jones |
| Peggy A Leen |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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| Filing 56 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 55 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against ESCO Corporation filed by Raptor Mining Products Inc..(Krieger, John) |
Filing 54
ORDER to Consolidate. Defendants' #12 MOTION to Dismiss or Transfer Venue is Denied. 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 53 MINUTES OF PROCEEDINGS - Pre-Claim Settlement Conference held on 12/2/2014 before Magistrate Judge Peggy A. Leen. Judicial Assistant: Teresa Hoskin; Pla Counsel: Ryan Cudnik, Charles Shifley; Def Counsel for Defendant Caterpillar: Gregory Commins; Def Counsel for Defendant Raptor: John Krieger; Time of Hearing: 1:40 p.m. - 3:50 p.m. No settlement was reached. (Copies have been distributed pursuant to the NEF - SLD) |
| Filing 52 NOTICE re: MOTION to Dismiss (Second) by ESCO Corporation. (Attachments: #1 Exhibit 1)(Hamp, Eric) |
| Filing 51 MINUTES OF PROCEEDINGS - Status Conference held on 11/6/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Binal Patel, Esq., Timothy Rechtien, Esq.; Def Counsel: Joel Schwarz, Esq., Gregory Cummins, Esq.; Court Reporter/FTR #: 9:00:53 - 9:13:58; Time of Hearing: 9:00am; Courtroom: 3A; The Court hears the representations of Counsel concerning the progress of this action. The Court directs Counsel to contact this Court's Courtroom Administrator when they are in the position to request a Case Management Hearing and to submit a Joint Status Report at that time which should detail their proposals for a scheduling order. Counsel represent to the Court that they are interested in pursuing a global settlement agreement at the upcoming Settlement Conference. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
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Filing 50
ORDER Granting #48 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Eric J. Hamp and approving Attorney Michael D. Rounds as Designation of Local Counsel for Plaintiff ESCO Corporation. Signed by Judge Robert C. Jones on 10/31/2014. 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 - SLD)
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| Filing 49 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 10/29/2014. Due to the scheduling needs of the court, the Status Conference currently set for 11/4/14 at 9:00 AM, is VACATED and CONTINUED to 11/6/2014 at 9:00 AM in LV Courtroom 3A before Magistrate Judge Peggy A. Leen. Counsel may appear telephonically. To appear telephonically, counsel is instructed to call Jeff Miller, Courtroom Deputy, at (702) 464-5420 before 4:00 PM 11/5/2014, to indicate the name of the party participating and a telephone number where that party may be reached. The courtroom deputy will initiate the call for the hearing.(no image attached) (Copies have been distributed pursuant to the NEF - TKH) Modified on 10/29/2014 (TKH). |
| Filing 48 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 0978-3432340) filed by Plaintiff ESCO Corporation . Motion ripe 10/23/2014. (Rounds, Michael) |
| Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A. Leen, on 10/23/2014. The status conference currently scheduled for November 4, 2014, at 9:00 a.m., shall be held in Courtroom 3B instead of 3C. (no image attached) (Copies have been distributed pursuant to the NEF - TKH) |
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Filing 46
ORDER that the Pre-Claim Settlement Conference currently scheduled for 10/31/2014 at 9:30 AM is continued to 12/2/2014 at 1:30 PM in LV Chambers before Magistrate Judge Peggy A. Leen. The deadline for chambers to receive the confidential settlement conference statements shall be received in chambers Room 3071 not later than 4:00 p.m., 11/25/2014. All other instructions within the original #39 Order Scheduling Pre-Claim Settlement Conference shall remain. Signed by Magistrate Judge Peggy A. Leen on 10/17/2014. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 45 CERTIFICATE of Interested Parties filed by Raptor Mining Products Inc.. There are no known interested parties other than those participating in the case . (Krieger, John) |
| Filing 44 NOTICE Defendants' Notice of Filing of Petition for Writ of Mandamus by Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. (Attachments: #1 Exhibit A)(Hernquist, Robert) |
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Filing 43
ORDER that the parties shall comply with LR 10-5(b) and the Ninth Circuit's opinion in Kamakana, 447 F.3d 1172 (9th Cir. 2006), with respect to filing documents under seal. Signed by Magistrate Judge Peggy A. Leen on 9/10/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 42
ORDER ON STIPULATION Granting #32 STIPULATION for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 9/10/2014. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 41 REPLY to #37 Notice (Other) ; filed by Plaintiff ESCO Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rechtien, Timothy) |
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Filing 40
SCHEDULING ORDER Granting #36 Amended Proposed Discovery Plan/Scheduling Order. Signed by Magistrate Judge Peggy A. Leen on 8/26/2014. (Copies have been distributed pursuant to the NEF - SLD)
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Filing 39
ORDER Scheduling a Pre-Claim Settlement Conference: Pre-Claim Settlement Conference set for 10/31/2014 09:30 AM in LV Chambers before Magistrate Judge Peggy A. Leen. The settlement conference statements shall be received in Room 3071 no later than 4:00 p.m. on 10/24/2014. Signed by Magistrate Judge Peggy A. Leen on 8/26/2014. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 38 RESPONSE to #37 Notice (Other) ; Defendants' Response to Plaintiff's Notice of Order filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Commins, Gregory) |
| Filing 37 NOTICE re: MOTION to Dismiss; filed by ESCO Corporation. (Attachments: #1 Exhibit 1)(Rechtien, Timothy) |
| Filing 36 AMENDED PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff ESCO Corporation. (Attachments: #1 Exhibit A)(Patel, Binal) |
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Filing 35
ORDER ON STIPULATION Granting #32 STIPULATION for Protective Order. Signed by Magistrate Judge Peggy A. Leen on 8/21/2014. (Copies have been distributed pursuant to the NEF - SLD)
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| Filing 34 MINUTES OF PROCEEDINGS - Scheduling Conference held on 8/19/2014 before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pla Counsel: Binal Patel, Esq.; Def Counsel: John Krieger, Esq., Robert Hernquist, Esq., Gregory Commins, Esq.; Court Reporter/FTR #: 10:00:05 - 10:19:05; Time of Hearing: 10:00am; Courtroom: 3B; The Court has reviewed Counsels' Rule 26(f) Report and Competing Proposals for Discovery Plan and Scheduling Order #31 . The Court hears the arguments of Counsel concerning their respective positions. Counsel come to agreements in open court. The Court directs Counsel to submit a Proposed Stipulation and Order which memorializes their agreements by 8/22/2014. Status Conference set for 11/4/2014 @ 9:00 AM in LV Courtroom 3C before Magistrate Judge Peggy A. Leen. Counsel may appear telephonically and shall contact Courtroom Administrator Jeff Miller no later than 11/03/2014 to provide a telephone number where they may be reached. (no image attached) (Copies have been distributed pursuant to the NEF - JAM) |
| Filing 33 NOTICE of Hearing: A Scheduling Conference is set for 8/19/2014, at 10:00 AM in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties' #31 Competing Proposed Discovery Plans and Scheduling Orders. (no image attached)(TKH) |
| Filing 32 STIPULATION for Protective Order by Plaintiff ESCO Corporation. (ASB) (ASB). |
| NOTICE of Docket Correction to #31 Proposed Discovery Plan/Scheduling Order. ERROR: Documents should have been filed as separate entries by attorney, Binal Patel. In accordance with Special Order 109, a separate document must be filed for each type of document or purpose . Counsel 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: Court docketed the Proposed Protective Order contained within document #31 as #32 Stipulation. (no image attached)(ASB) |
| Filing 31 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff ESCO Corporation (Joint). (Attachments: #1 Exhibit A - Model Order, #2 Exhibit B - Proposed Protective Order)(Patel, Binal) |
| Filing 30 SUMMONS Returned Executed by ESCO Corporation. Raptor Mining Products Inc. served on 7/15/2014, answer due 8/5/2014. (Shifley, Charles) |
| Filing 29 SUMMONS Returned Executed by ESCO Corporation re #1 Complaint,. Caterpillar Inc. served on 6/27/2014, answer due 7/18/2014. (Shifley, Charles) |
| Filing 28 SUMMONS Returned Executed by ESCO Corporation re #1 Complaint,. Caterpillar Global Mining LLC served on 6/26/2014, answer due 7/17/2014. (Shifley, Charles) |
| Filing 27 SUMMONS Returned Executed by ESCO Corporation re #1 Complaint,. Cashman Equipment Company served on 7/3/2014, answer due 7/24/2014. (Shifley, Charles) |
| Filing 26 DECLARATION of Gregory J. Commins, Jr. re #12 MOTION to Dismiss ; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. (Hernquist, Robert) |
| Filing 25 REPLY to Response to #12 MOTION to Dismiss filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. (Hernquist, Robert) |
| Filing 24 RESPONSE to #12 MOTION to Dismiss , filed by Plaintiff ESCO Corporation. Replies due by 6/16/2014. (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)(Rounds, Michael) |
| Filing 23 NOTICE of Appearance by attorney John L. Krieger on behalf of Defendant Raptor Mining Products Inc.. (Krieger, John) |
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Filing 22
ORDER Granting #10 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Timothy J. Rechtienfor ESCO Corporation and approving Designation of Local Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones on 6/3/2014. 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 - SLR)
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Filing 21
ORDER Granting #9 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Binal J. Patel for ESCO Corporation and approving Designation of Local Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones on 6/3/2014. 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 - SLR)
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Filing 20
ORDER Granting #8 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Charles W. Shifleyfor ESCO Corporation and approving Designation of Local Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones on 6/3/2014. 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 - SLR)
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Filing 19
ORDER Granting #17 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Robert G. Abrams for Cashman Equipment Company Caterpillar Global Mining LLC, and Caterpillar Inc. and approving Designation of Local Counsel for Attorney Todd M Touton. Signed by Judge Robert C. Jones on 6/3/2014. 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 - SLR)
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Filing 18
ORDER Granting #16 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gregory J. Commins, Jr for Cashman Equipment Company, Caterpillar Global Mining LLC, and Caterpillar Inc. and approving Designation of Local Counsel for Attorney Todd M Touton. Signed by Judge Robert C. Jones on 6/3/2014. 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 - SLR)
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| Filing 17 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 0978-3249249) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc. . Motion ripe 5/21/2014. (Hernquist, Robert) |
| Filing 16 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gregory J. Commins, Jr. and DESIGNATION of Local Counsel Todd M. Touton (Filing fee $ 200 receipt number 0978-3249220) filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc. . Motion ripe 5/21/2014. (Hernquist, Robert) |
| Filing 15 CERTIFICATE OF SERVICE for #13 Declaration, #14 Certificate of Interested Parties, #12 MOTION to Dismiss by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc.. (Hernquist, Robert) |
| Filing 14 CERTIFICATE of Interested Parties filed by Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc.. There are no known interested parties other than those participating in the case . (Hernquist, Robert) |
| Filing 13 DECLARATION of Gregory Commins, Jr. re #12 MOTION to Dismiss ; filed by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. (Attachments: #1 Exhibit Exhibit A--Transfer Order, #2 Exhibit Exhibit B--Clay Elward Declaration, #3 Exhibit Exhibit C--Murray Smith Declaration, #4 Exhibit Exhibit D--ESCO counterclaims, #5 Exhibit Exhibit E--Transferred Complaint)(Hernquist, Robert) |
| Filing 12 MOTION to Dismiss by Defendants Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. Responses due by 6/6/2014. Certificate of Interested Parties due by 5/30/2014. Discovery Plan/Scheduling Order due by 7/4/2014. (Hernquist, Robert) |
| Filing 11 CERTIFICATE of Interested Parties filed by ESCO Corporation. There are no known interested parties other than those participating in the case . (Rounds, Michael) |
| Filing 10 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 0978-3241330) filed by Plaintiff ESCO Corporation . Motion ripe 5/14/2014. (Rounds, Michael) |
| Filing 9 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 0978-3241322) filed by Plaintiff ESCO Corporation . Motion ripe 5/14/2014. (Rounds, Michael) |
| Filing 8 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 0978-3241285) filed by Plaintiff ESCO Corporation . Motion ripe 5/14/2014. (Rounds, Michael) |
| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 4/8/2014. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that this case is reassigned to Judge Robert C. Jones for all further proceedings. All further documents must bear the correct case number 2:14-cv-00529-RCJ-PAL. (no image attached) (Copies have been distributed pursuant to the NEF - ASB) |
| Filing 6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on 4/8/2014. By Judicial Assistant: Cathy Stuchell. The Honorable Judge Andrew P. Gordon is no longer assigned to this case. Pursuant to General Order No. 2011-03, IT IS ORDERED that this action is referred to the Clerk for random reassignment to one of the designated patent pilot program judges for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - CS) |
| Filing 5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 10-2. Counsel Charles W. Shifley, Binal J. Patel, and 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) upon approval of the Verified Petition. Verified Petition due by 5/23/2014.(no image attached) (ASB) |
| 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) (ASB) |
| Filing 3 Summons Issued as to Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc.. (ASB) |
| 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. AO 85 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. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (ASB) |
| Case assigned to Judge Andrew P. Gordon and Magistrate Judge Peggy A. Leen. Nature of Suit: 830 Patent Case (ASB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-3194407), filed by ESCO Corporation. Certificate of Interested Parties due by 4/17/2014. Proof of service due by 8/5/2014. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons) (Rounds, Michael) |
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