Brookins v. Caterpillar Inc.
| Ernie Brookins |
| Caterpillar, Inc. and Caterpillar Inc. |
| Gail Brookins |
| 3:2018cv00129 |
| June 18, 2018 |
| US District Court for the District of North Dakota |
| Eastern Office |
| Burleigh |
| Daniel L Hovland |
| Alice R Senechal |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 52 CLERK'S JUDGMENT in favor of Caterpillar Inc. against Ernie Brookins.(js) |
Filing 51
ORDER by Chief Judge Daniel L. Hovland adopting #48 Report and Recommendations; granting #34 Motion to Dismiss; and finding as moot #38 Motion to Intervene. (kmk)
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| DOCKET CORRECTION re: #50 Response to Objection to Report and Recommendations. Clerk's office removed incorrect link. (rh) |
| Filing 50 RESPONSE to Objection to Report & Recommendations by Caterpillar Inc. re #49 Objection to Report and Recommendations (Dynes, Jane) Modified on 2/5/2019 to remove incorrect link. (rh) |
| Filing 49 OBJECTION by Ernie Brookins to #48 Report and Recommendations. (lh) |
| Filing 48 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal recommending the #34 MOTION to Dismiss filed by Caterpillar Inc. be granted, the #38 MOTION to Intervene filed by Gail Brookins be found moot, and the #1 Complaint filed by Ernie Brookins be dismissed. Objections to R&R due by 1/28/2019. Responses to any objection due by 2/4/2019. (AS) |
| Filing 47 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Motion Hearing held on 1/3/2019 re #34 MOTION to Dismiss filed by Caterpillar Inc.. (DR #190103-000) (lc) (Main Document 47 replaced on 1/10/2019 to change from court reporter to digital recorder. NEF regenerated.) (lf) |
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Filing 46
ORDER by Magistrate Judge Alice R. Senechal. A hearing on defendant's #34 MOTION to Dismiss is set for 1/3/2019 at 10:00 AM in Fargo Courtroom 2. (AS)
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| Set Hearings: Motion Hearing as to #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) set for 1/3/2019 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal (see written order at #46 .) (lf) |
| Filing 45 REPLY to Response to Motion re #38 MOTION to Intervene filed by Gail Brookins. (as) |
| Filing 44 RESPONSE to Motion re #38 MOTION to Intervene filed by Caterpillar Inc.. (Dynes, Jane) |
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Filing 43
ORDER by Magistrate Judge Alice R. Senechal granting #41 Motion for Extension of Time to File Response/Reply. Reply retroactively due by 10/24/2018. (CS)
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| DOCKET CORRECTION re: #41 Motion for Extension of Time to File. Wrong motion relief selected. Clerk's office corrected relief to Extension of Time to File Response/Reply. (lf) |
| Set/Reset Deadlines as to #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). Reply retroactively due by 10/24/2018. (lf) |
| Filing 42 MEMORANDUM in Support re #41 MOTION for Extension of Time to File /Serve Reply Brief filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Affidavit of Jane L. Dynes in Support of Motion for Extension of Time to Serve Reply Brief)(Dynes, Jane) |
| Filing 41 MOTION for Extension of Time to File Response/Reply by Caterpillar Inc.. (Dynes, Jane) Modified on 10/25/2018 to correct motion relief (lf). |
| Filing 40 CERTIFICATE OF SERVICE by Caterpillar Inc. re #39 Reply to Response to Motion, (Amended) (Dynes, Jane) |
| Filing 39 REPLY to Response to Motion re #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Caterpillar Inc.. (Attachments: #1 Exhibit E - PTAB Record of Oral Hearing, June 5, 2018)(Dynes, Jane) |
| Filing 38 MOTION to Intervene by Gail Brookins. (Attachments: #1 Proposed Intervenor Complaint)(as) |
| Filing 37 RESPONSE to Motion re #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Ernie Brookins. (Attachments: #1 Exhibit P12 - Press Release, #2 Exhibit P13 - Drive Right Technologies letter 8/29/12, #3 Exhibit P14 - Drive Right Technologies flier, #4 Exhibit P15 - Press Release as provided in IPR Response, #5 Exhibit P16 - Email to Brian Dahl and Adrian Downs 11/20/17, #6 Exhibit P17 - Brookins product logo with patent numbers)(lh) |
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Filing 36
ORDER LIFTING STAY by Magistrate Judge Alice R. Senechal. (CS)
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| Filing 35 MEMORANDUM in Support re #34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - PTAB Final Written Decision 09.11.18, #2 Exhibit B - Hearing Transcript on Motion to Stay 08.29.18, #3 Exhibit C - Brookins Rule 26 Disclosures, #4 Exhibit D - Brookins Answers to CAT's First Set of ROGS)(Dynes, Jane) |
| Filing 34 MOTION to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) by Caterpillar Inc.. (Dynes, Jane) |
| Filing 33 TRANSCRIPT of Motion to Stay held on August 29, 2018, before Magistrate Judge Alice R. Senechal. Court Reporter/Transcriber Kelly A. Kroke, Telephone number 701-297-7000. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 9/25/2018. Redaction Request due 10/9/2018. Redacted Transcript Deadline set for 10/19/2018. Release of Transcript Restriction set for 12/17/2018. (kk) |
| Filing 32 NOTICE OF FILING OF TRANSCRIPT (Motion to Stay) (kk) |
| Filing 31 NOTICE by Caterpillar Inc. of Filing Patent Trial and Appeal Board Decision Dated September 11, 2018 (Attachments: #1 Exhibit 1 - Patent Trial and Appeal Board's September 11, 2018, final decision in the Inter Parties Review (IPR) concerning the patent-in-suit litigation)(Dynes, Jane) |
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Filing 30
ORDER by Magistrate Judge Alice R. Senechal granting in part #9 Motion to Stay. (CS)
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| Filing 29 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Motion Hearing held on 8/29/2018 re #9 MOTION to Stay Pending the Outcome of Inter Partes Review. (Court Reporter KK) (lc) |
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Filing 28
ORDER by Magistrate Judge Alice R. Senechal re #26 Objection and Resistance to Plaintiff's Proposal to Submit Evidence at Oral Argument filed by Caterpillar Inc. (AS)
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| Filing 27 BRIEF (Response) re #26 Objection by Ernie Brookins. (as) |
| Filing 26 OBJECTION and Resistance to Plaintiff's Proposal to Submit Evidence at Oral Argument by Caterpillar Inc.. (Attachments: #1 Exhibit A - Plaintiff's Email to Court dated 8-17-18)(Dynes, Jane) |
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Filing 25
ORDER by Magistrate Judge Alice R. Senechal granting 15 Motion for Hearing. Motion Hearing set for 8/29/2018 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AS)
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Filing 24
ORDER by Magistrate Judge Alice R. Senechal granting #22 Motion for Leave to Appear Pro Hac Vice for Attorney Mark L. Tripp; granting #23 Motion for Leave to Appear Pro Hac Vice for Attorney Jason T. Madden. (AS) Regenerated to PHV attorneys on 8/3/2018 (cjs).
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice Attorney Jason T. Madden (Filing fee $150, receipt number 318000456) by Caterpillar Inc. (js) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Attorney Mark L. Tripp (Filing fee $150, receipt number 318000456) by Caterpillar Inc. (js) |
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Filing 21
(Text Only) ORDER REASSIGNING CASE to Chief Judge Daniel L. Hovland, as presiding judge, and Magistrate Judge Alice R. Senechal, Jr., as referral judge, for all further proceedings by Chief Judge Daniel L. Hovland. Magistrate Judge Alice R. Senechal, no longer assigned as presiding judge.(js)
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| Filing 20 CONSENT/REASSIGNMENT FORM by Caterpillar Inc. (js) |
| Filing 19 Corporate Disclosure Statement by Caterpillar Inc. identifying Corporate Parent Caterpillar Inc. for Caterpillar Inc... (Dynes, Jane) |
| Filing 18 SECOND NOTICE of Direct Assignment as to Caterpillar Inc. Consent/Reassignment Form due by 8/6/2018. (as) |
| Filing 17 REPLY to Response to Motion re #9 MOTION to Stay Pending the Outcome of Inter Partes Review filed by Caterpillar Inc.. (Dynes, Jane) |
| Filing 16 RESPONSE to Motion re #6 MOTION for Extension of Time to File Answer re #1 Complaint filed by Ernie Brookins. (js) |
| Filing 15 MOTION for Hearing re #9 MOTION to Stay Pending the Outcome of Inter Partes Review by Ernie Brookins. (SEE Document #13 .) (as) |
| Filing 14 AFFIDAVIT of Ernie Brookins re #13 Response to Motion by Ernie Brookins. (Attachments: #1 Exhibit P9 - Pages 1 and 4 from Caterpillar IPR Hearing Power Point, #2 Exhibit P10 - Pages 1, 2, and 12 from Caterpillar Memorandum of Law in Support of the Motion to Stay, #3 Exhibit P11 - Pages 2 and 26 from IPR Oral Hearing Transcript)(as) |
| Filing 13 RESPONSE to Motion re #9 MOTION to Stay Pending the Outcome of Inter Partes Review filed by Ernie Brookins. (as) |
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Filing 12
ORDER by Magistrate Judge Alice R. Senechal granting in part #6 Motion for Extension of Time to Answer. (AS)
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| Filing 11 NOTICE of Direct Assignment as to Caterpillar, Inc. Consent/Reassignment Form due by 7/24/2018. (js) |
| Filing 10 MEMORANDUM in Support re #9 MOTION to Stay Pending the Outcome of Inter Partes Review filed by Caterpillar, Inc.. (Attachments: #1 Exhibit A - IPR Decision dated September 12, 2017, #2 Exhibit B - Order Staying Case Pending Outcome of Inter Partes Review dated April 20, 2017)(Dynes, Jane) (Attachment 2 replaced on 7/23/2018 to correct double header issue; NEF regenerated) (lh). |
| Filing 9 MOTION to Stay Pending the Outcome of Inter Partes Review by Caterpillar, Inc.. (Dynes, Jane) |
| Filing 8 SUPPLEMENT Exhibit A - Order Staying Case Pending Outcome of Inter Partes Review dated April 20, 2017 to document: #7 MEMORANDUM in Support by Caterpillar, Inc.. (Dynes, Jane) (Main Document 8 replaced on 7/23/2018 to correct double header issue; NEF regenerated) (lh). |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Extension of Time to File Answer re #1 Complaint,, filed by Caterpillar, Inc.. (Dynes, Jane) |
| Filing 6 MOTION for Extension of Time to File Answer re #1 Complaint,, by Caterpillar, Inc.. (Dynes, Jane) |
| Filing 5 SUMMONS Returned Executed by Ernie Brookins. Caterpillar, Inc. served on 6/19/2018, answer due 7/10/2018. (js) |
| Filing 4 CONSENT/REASSIGNMENT FORM by Ernie Brookins. (js) |
| Filing 3 NOTICE of Direct Assignment as to Ernie Brookins. Consent/Reassignment Form due by 7/2/2018. (as) |
| Filing 2 Summons Issued as to Caterpillar, Inc. (as) |
| Filing 1 COMPLAINT against Caterpillar, Inc. (Filing fee $400, receipt number 318000378) filed by Ernie Brookins. (Attachments: #1 Exhibit P1 - Pages 1, 8 & 9 of U.S. Patent #7,824,290, #2 Exhibit P2 - Pages from Patent Prosecution file of '290 patent, #3 Exhibit P3 - Front page of the Caterpillar '276 patent, #4 Exhibit P4 - Photo of Caterpillar XE Loader, #5 Exhibit P5 - Emailed letter from Caterpillar to Brookins, #6 Exhibit P6 - Pages from the Caterpillar IPR Petition, #7 Exhibit P7 - Pages from Caterpillar's Expert Declaration, #8 Exhibit P8 - Email from Wayne Colonna to Brookins, #9 Civil Cover Sheet)(as) |
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