Brookins v. Caterpillar Inc.
Plaintiff: Ernie Brookins
Defendant: Caterpillar Inc.
Case Number: 3:2019cv00029
Filed: February 4, 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 U.S.C. ยง 271
Jury Demanded By: Plaintiff
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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 Opinion or Order Filing 22 ORDER of Dismissal re #20 Notice of Voluntary Dismissal filed by Ernie Brookins by Chief Judge Daniel L. Hovland.(kmk) Distributed on 7/9/2019. (as)
July 9, 2019 Civil Case Terminated. (as)
July 8, 2019 Opinion or Order Filing 21 ORDER by Magistrate Judge Alice R. Senechal finding as moot #8 Motion to Dismiss; finding as moot #19 Report and Recommendations. (AS) Distributed on 7/8/2019 (js).
July 1, 2019 Filing 20 NOTICE of Voluntary Dismissal by Ernie Brookins (as)
June 26, 2019 Filing 19 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 18 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) filed by Caterpillar Inc.. (DR #190424-000) (lc)
April 2, 2019 Filing 17 REPLY to Response to Motion re #8 MOTION to Dismiss Under Rule 12(b) filed by Caterpillar Inc.. (Swenson, David)
March 29, 2019 Opinion or Order Filing 16 ORDER by Magistrate Judge Alice R. Senechal. (AS)
March 25, 2019 Opinion or Order Filing 15 ORDER by Magistrate Judge Alice R. Senechal granting #11 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 19, 2019 Filing 14 RESPONSE to Motion re #8 MOTION to Dismiss Under Rule 12(b) filed by Ernie Brookins. (as)
March 4, 2019 Opinion or Order Filing 13 (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)
March 4, 2019 Filing 12 CONSENT/REASSIGNMENT FORM by Caterpillar Inc. (js)
March 1, 2019 Filing 11 MOTION for Hearing re #8 MOTION to Dismiss Under Rule 12(b) by Caterpillar Inc.. (Dynes, Jane)
February 28, 2019 Filing 10 NOTICE of Direct Assignment as to Caterpillar Inc.. Consent/Reassignment Form due by 3/14/2019. (js)
February 28, 2019 DOCKET CORRECTION re: #9 Memorandum in Support. Clerk's office added descriptions to attachments. (cjs)
February 27, 2019 Filing 9 MEMORANDUM in Support re #8 MOTION to Dismiss Under Rule 12(b) filed by Caterpillar Inc.. (Attachments: #1 Exhibit A-Declaration of David Purdy, #2 Exhibit B-Declaration of Jerome Guilford, #3 Exhibit C-USPTO notice of patent expiration)(Swenson, David) Modified on 2/28/2019 to add exhibit descriptions (cjs).
February 27, 2019 Filing 8 MOTION to Dismiss Under Rule 12(b) by Caterpillar Inc.. (Swenson, David)
February 27, 2019 Filing 7 NOTICE of Appearance by David Swenson on behalf of All Defendants (Swenson, David)
February 13, 2019 Filing 6 SUMMONS Returned Executed by Ernie Brookins. Caterpillar Inc. served on 2/6/2019, answer due 2/27/2019. (as)
February 13, 2019 Filing 5 CONSENT/REASSIGNMENT FORM by Ernie Brookins. (as)
February 5, 2019 Filing 4 REPORT on the filing or determination of an action regarding Patent. Form emailed to register. (lh)
February 4, 2019 Filing 3 NOTICE of Direct Assignment as to Ernie Brookins. Consent/Reassignment Form due by 2/19/2019. (as)
February 4, 2019 Filing 2 Summons Issued as to Caterpillar Inc. (as)
February 4, 2019 Filing 1 COMPLAINT against Caterpillar Inc. (Filing fee $400, receipt number 319000158) filed by Ernie Brookins. (Attachments: #1 Exhibit 1 - US Patent 7,824,290, #2 Exhibit 2 - Caterpillar EX loader website pages, #3 Exhibit 3 - Patent 8,920,276, #4 Exhibit 4 - Caterpillar '276 Patent disclosure statement, #5 Exhibit 5 - USPTO MPEP Section 802, #6 Exhibit 6 - 12/1/09 Office Action on '290 Patent, #7 Exhibit 7 - 6/11/10 Office Action on '290 Patent, #8 Exhibit 8 - 3/26/10 Claim Listing - '290 Patent, #9 Exhibit 9 - 9/8/10 Claims Listing - '290 Patent, #10 Exhibit 10 - Markman Decision in 3:13cv45 Warp Speed Torque Drive v. M.A.C., Inc. et al. case, #11 Exhibit 11 - Caterpillar XE Loader Screen Shot, #12 Civil Cover Sheet)(lh)

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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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