Brookins v. Caterpillar Inc.
Plaintiff: Ernie Brookins
Defendant: Caterpillar Inc.
Case Number: 3:2019cv00013
Filed: January 16, 2019
Court: US District Court for the District of North Dakota
Presiding Judge: Daniel L Hovland
Referring Judge: Alice R Senechal
Nature of Suit: Patent
Cause of Action: 35:271
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2019 Civil Case Terminated. (as)
July 9, 2019 Opinion or Order Filing 23 ORDER of Dismissal re #21 Notice of Voluntary Dismissal filed by Ernie Brookins by Chief Judge Daniel L. Hovland.(kmk) Distributed on 7/9/2019. (as)
July 8, 2019 Opinion or Order Filing 22 ORDER by Magistrate Judge Alice R. Senechal finding as moot #8 Motion to Dismiss; finding as moot #20 Report and Recommendations. (AS) Distributed on 7/8/2019 (js).
July 1, 2019 Filing 21 NOTICE of Voluntary Dismissal by Ernie Brookins (as)
June 26, 2019 Filing 20 REPORT AND RECOMMENDATIONS by Magistrate Judge Alice R. Senechal re #8 MOTION to Dismiss filed by Caterpillar Inc. and #1 Complaint filed by Ernie Brookins. Objections to R&R due by 7/10/2019. (AS) Distributed on 6/28/2019 (as).
April 24, 2019 Filing 19 Minute Entry for proceedings held before Magistrate Judge Alice R. Senechal: Motion Hearing held on 4/24/2019 re #8 MOTION to Dismiss Under Rule 12(b)(3) filed by Caterpillar Inc.. (DR #190424-000) (lc)
March 29, 2019 Opinion or Order Filing 18 ORDER by Magistrate Judge Alice R. Senechal. (AS)
March 25, 2019 Opinion or Order Filing 17 ORDER by Magistrate Judge Alice R. Senechal granting #16 Motion for Hearing. Motion Hearing set for 4/24/2019 at 10:00 AM in Fargo Courtroom 2 before Magistrate Judge Alice R. Senechal. (AS)
March 1, 2019 Filing 16 MOTION for Hearing re #8 MOTION to Dismiss Under Rule 12(b)(3) by Caterpillar Inc.. (Dynes, Jane)
February 27, 2019 Filing 15 REPLY to Response to Motion re #8 MOTION to Dismiss Under Rule 12(b)(3) filed by Caterpillar Inc.. (Swenson, David)
February 15, 2019 Opinion or Order Filing 14 (Text Only) ORDER REASSIGNING CASE by Chief Judge Daniel L. Hovland. Case assigned to Chief Judge Daniel L. Hovland and referred to Magistrate Judge Alice R. Senechal for all further proceedings. (js)
February 15, 2019 Filing 13 CONSENT/REASSIGNMENT FORM by Caterpillar Inc. (js)
February 13, 2019 Filing 12 RESPONSE to Motion re #8 MOTION to Dismiss Under Rule 12(b)(3) filed by Ernie Brookins. (as)
February 8, 2019 Filing 11 NOTICE of Appearance by Jane L. Dynes on behalf of Caterpillar Inc. (Dynes, Jane)
February 8, 2019 Filing 10 NOTICE of Direct Assignment as to Caterpillar Inc. Consent/Reassignment Form due by 2/22/2019. (as)
February 7, 2019 Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss Under Rule 12(b)(3) filed by Caterpillar Inc.. (Attachments: #1 Exhibit A - Guilford Declaration, #2 Exhibit B - Purdy Declaration)(Swenson, David)
February 7, 2019 Filing 8 MOTION to Dismiss Under Rule 12(b)(3) by Caterpillar Inc.. (Swenson, David)
February 7, 2019 Filing 7 NOTICE of Appearance by David Swenson on behalf of All Defendants (Swenson, David)
January 25, 2019 Filing 6 SUMMONS Returned Executed Caterpillar Inc. served on 1/17/2019, answer due 2/7/2019. (js)
January 17, 2019 Filing 5 REPORT on the filing or determination of an action regarding Patent. Form emailed to register. (NOTE: Complaint NEF regenerated to Patent/Trademark Office) (js)
January 17, 2019 Filing 4 CONSENT/REASSIGNMENT FORM by Ernie Brookins. (Attachments: #1 Mailing Envelope)(as)
January 16, 2019 Filing 3 NOTICE of Direct Assignment as to Ernie Brookins. Consent/Reassignment Form due by 1/30/2019. (js)
January 16, 2019 Filing 2 Summons Issued as to Caterpillar Inc. (js)
January 16, 2019 Filing 1 COMPLAINT against Caterpillar Inc. (Filing fee $400, receipt number 319000141) filed by Ernie Brookins. (Attachments: #1 Exhibit P1 - Brookins Patent #8,298,107, #2 Exhibit P2 - Chester France EPA Letter regarding Patent #8,298,107 patent, #3 Exhibit P3 - Defendant Caterpillar Patent #8,920,276, #4 Exhibit P4 - Disclosure Statement Per Caterpillar Patent #8,920,276, #5 Exhibit P5 - 6/5/2018 IPR Hearing Transcript (pages 30 & 34), #6 Exhibit P6 - 8/29/2018 Motion to Stay Hearing Transcript (pages 16-21, 29, 30, 37, 38, & 47), #7 Exhibit P7 - Response to Motion to Dismiss (page 13), #8 Exhibit P8 - 1/3/2019 Power Point page 11 to Motion to Dismiss hearing, #9 Exhibit P9 - Pages from Caterpillar website, #10 Exhibit P10 - Screen shot from Caterpillar video, #11 Exhibit P11 - USPTO website search results for 7,824,290 patent, #12 Exhibit P12 - USPTO website search results for 'Ernie Brookins")(js) (Additional attachment(s) added on 1/17/2019: #13 Civil Cover Sheet) (as).

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Defendant: Caterpillar Inc.
Represented By: Kasey D. McNary
Represented By: Jane L. Dynes
Represented By: David Swenson
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Plaintiff: Ernie Brookins
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