Stampede Presentation Products, Inc. v. Westminster Technologies, Inc. et al
| Stampede Presentation Products, Inc. |
| Progressive Marketing Products, Inc., Westminster Technologies, Inc., Gregory Peck and Progressive Marketing Products, Inc. doing business as Premier Mounts |
| 1:2013cv01713 |
| August 7, 2013 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Trademark |
| 15 U.S.C. § 44 |
| Both |
Docket Report
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| Filing 90 Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca) |
Filing 89
Order Approving Stipulation for Dismissal with Prejudice: This matter having come before this Court upon the Joint Stipulation for Dismissal with Prejudice entered into by Plaintiff Stampede Presentation Products, Inc. and Defendant Progressive Marketing Products d/b/a Premier Mounts and the Court having considered the matter, it is hereby ORDERED and ADJUDGED that: 1. The Joint Stipulation for Dismissal with Prejudice is approved and all pending claims against Premier are dismissed with prejudice. 2. All pending motions against Premier are denied as moot. 3. Each party shall bear its own attorney's fees and costs. Judge Patricia A. Gaughan on 4/16/14. (LC,S) re #88
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Order [non-document]: Plaintiff's Motion for an Order to Show Cause why Premier Should not be Held in Contempt for Failure to Comply with This Court's September 19, 2013 Order is MOOT. Judge Patricia A. Gaughan on 4/16/14. (Related Doc #50 ) (LC,S)
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| Filing 88 Joint Proposed Stipulation for dismissal with Prejudice filed by All Plaintiffs. (Hartman, Ruth) |
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Order [non-document]: Plaintiff's Motion to Extend the Deadline to File a Reply in Support of Stampede's Motion for an Order to Show Cause is Granted to 3/7/14. Judge Patricia A. Gaughan on 2/18/14. (LC,S) re #87
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| Filing 87 Motion for extension of time until 3/7/2014 to file response/reply to #50 Motion order to show cause filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc. Related document(s) #50 . (Attachments: #1Proposed order granting extension to March 7, 2014)(Hartman, Ruth) |
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Order [non-document]: Plaintiff's Motion to Extend the Deadline to File a Reply in Support of Stampede's Motion for an Order to Show Cause is Granted to 2/14/14. Judge Patricia A. Gaughan on 1/23/14. (LC,S) re #86
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| Filing 86 Motion for extension of time until 2/14/14 to file response/reply to #50 Motion order to show cause filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc. Related document(s) #50 . (Attachments: #1Proposed Order Granting Extension of Time to File Reply)(Hartman, Ruth) |
| Filing 85 Joint Status Report filed by Stampede Presentation Products, Inc. (Hartman, Ruth) |
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Filing 84
Order Approving Extension of Time for Discovery- This matter having come before this Court upon Plaintiff Stampede Presentation Products, Inc.'s Motion to Extend the Discovery Schedule, and the Court having considered the matter, it is hereby Ordered and Adjudged that: 1. Non-expert discovery shall be completed on or before 5/8/2014. 2. Expert reports shall be exchanged on or before 6/8/2014 and Expert Discovery shall be completed on or before 7/8/2014. 3. Dispositive Motions shall be filed on or before 7/8/2014. Judge Patricia A. Gaughan on 1/17/14. (LC,S) (Related Doc #83 )
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| Filing 83 Motion to Extend Discovery Schedule filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc. (Attachments: #1 Proposed Order )(Hartman, Ruth) Modified text on 1/17/2014 (E,P). |
| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 1/13/14. Participating were: Attorney Hartman for the Plaintiff and Attorney Hilstrom for Progressive Marketing dba Premier Mounts. Remaining parties continue to report "good progress" toward a Letter of Intent concerning a Supply Agreement, which would then lead to a resolution of the present lawsuit. The parties will file a status report on or before Tuesday, January 21, 2014. Time: 10 minutes. (R,N) |
| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 1/6/14. Participating were Attorneys Searby and Hartman for the Plaintiff and Attorney Hilstrom for the Defendant. Remaining parties report continuing progress toward settlement. Parties are ordered to submit a joint status update to the court no later than the close of business, Monday, January 13, 2014. Should settlement talks fail, the court will hold a continuation of the mediation conference 1/21/2014 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Time: 25 minutes. (R,N) |
| Filing 82 Joint Motion to stay Briefing and any Court ruling regarding Plaintiff's Motion to Show Cause against Premier filed by Plaintiff Stampede Presentation Products, Inc. Related document(s) #50 . (Hartman, Ruth) |
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Order [non-document]: Plaintiff's Motion for Extension of Time in Which to Respond to Defendant Premier's Opposition to Plaintiff's Motion to Show Cause is Granted to 1/6/14. Judge Patricia A. Gaughan on 1/6/14. (LC,S) re #80
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Order [non-document]: Joint Motion to stay Briefing and any Court ruling regarding Plaintiff's Motion to Show Cause against Premier Until after the Parties' Settlement Conference is GRANTED. Judge Patricia A. Gaughan on 1/6/14. (Related Doc #82 ) (LC,S)
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Order [non-document]: Plaintiff's Motion for an Order to Show Cause Against Westminster and Peck for Failure to Comply with this Court's October 3rd Order is MOOT. Judge Patricia A. Gaughan on 1/6/14. (Related Doc #59 ) (LC,S)
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Filing 81
Order Approving Stipulation for Dismissal With Prejudice. 1. The Joint Stipulation for Dismissal with Prejudice is approved and the followingclaims are dismissed with prejudice: a. All claims asserted by Stampede against Westminster or Peck as set forth in Stampede's Amended Complaint. (ECF #6.) b. All claims asserted by Westminster or Peck against Stampede, as set forthin Westminster's Answer and Counterclaim. (ECF #13.) 2. Westminster and Peck are dismissed as parties to the above-captioned action. 3. All pending motions by or against Westminster or Peck are denied as moot. 4. Stampede's claims against Defendant Progressive Marketing Products, Inc. d/b/a Premier Mounts ("Premier") as set forth in Stampede's Amended Complaint (ECF #6) shall remain pending. 5. Each party shall bear its own attorneys' fees and costs. Judge Patricia A. Gaughan on 1/3/14. (LC,S) re #79
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| Filing 80 Second Motion for extension of time until January 6, 2014 to file response/reply to #50 Motion order to show cause filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc.. Related document(s) #50 . (Attachments: #1 Proposed Order Proposed Order Granting Extension)(Hartman, Ruth) |
| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 12/20/13. Remaining parties (Plaintiff Stampede and Defendant Progressive/Premier) are continuing settlement discussions. Parties to report progress to the court on or before January 6, 2014. Telephone conference set for 1/6/2014 at 11:00 AM before Magistrate Judge Kenneth S. McHargh. Parties to contact the Court's Bridge Line at 216-357-7030, Extension: 3212, Access Code: 723071 Time: 25 minutes. (R,N) |
| Filing 79 Joint Proposed Stipulation for Dismissal with Prejudice filed by Stampede Presentation Products, Inc. (Attachments: #1 Proposed Stipulated Dismissal with Prejudice)(Hartman, Ruth) Modified text on 12/23/2013 (E,P). |
| Minutes of proceedings [non-document] before Magistrate Judge Kenneth S. McHargh. A Telephone Status Conference was held on 12/19/13. Participating were: Attorney Ruth Hartman for the Plaintiff and Attorney Craig Pelini for the Defendant Progressive dba Premier Mounts. Prior to the start of the conference call, the Court was contacted by Attorney Hartman and Attorney Lavin, (representing Westminister and Gregory Peck) stating they have reached a settlement. A dismissal will be filed by the middle of next week. Defendant Progressive and Plaintiff Stampede will meet privately tomorrow and report back to the Court on Friday, Dec. 20 2013 at 4:00 p.m. at 216-357-7030, Ext: 3212 and Access Code: 723071, with the status of their settlement discussions. Time: 10 minutes. (R,N) |
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Order [non-document]: Plaintiff's Motion for an Extension of Time for Plaintiff to Respond to Defendant Westminster's Opposition to Plaintiff's Motion for an Order to Show Cause is Granted to 12/23/13. Judge Patricia A. Gaughan on 12/17/13. (LC,S) re #78
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Order [non-document]: Plaintiff's Motion for an Extension of Time for Plaintiff to Respond to Defendant Premier's Opposition to Plaintiff's Motion for an Order to Show Cause is Granted to 12/24/13. Judge Patricia A. Gaughan on 12/16/13. (LC,S) re #76
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| Filing 78 Motion for extension of Dec. 16, 2013 until Dec. 23, 2013 filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc. (Hartman, Ruth) |
| Filing 77 IMPORTANT: Notice. The Settlement Conference #67 scheduled for 12/19/13 has been postponed. A telephone status conference is set for 12/19/2013 at 10:00 AM before Magistrate Judge Kenneth S. McHargh. Parties are to contact the Court's Bridge Line at 216-357-7030, Extension: 3212, Access code: 723071. (R,N) |
| Filing 76 Motion for extension of 12-17-13 until 12-24-13 filed by Plaintiff Stampede Presentation Products, Inc. Related document(s) #75 . (Hartman, Ruth) |
| Filing 75 Opposition to #50 Motion order to show cause filed by Progressive Marketing Products, Inc. (Pelini, Craig) |
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Order [non-document]: Plaintiff's Second Motion for Extension of Time in Which to Respond to Defendants' Opposition to Plaintiff's Motion to Show Cause is Granted to 12/16/13. Judge Patricia A. Gaughan on 12/2/13. (LC,S) re #74
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| Filing 74 Motion for extension of December 2, 2013 until December 16, 2013 filed by Plaintiff Stampede Presentation Products, Inc. Related document(s) #70 . (Hartman, Ruth) |
| Minutes of proceedings[non-document] before Magistrate Judge Kenneth S. McHargh. Settlement Conference held on 11/26/2013. Representatives and counsel appeared on behalf of Stampede Presentation Products, Inc. and Westminster Technologies, Inc. Settlement discussions held. Case did not settle, but parties will reconvene on Thursday 12/19/2013, at 10:00 a.m. for continuation of settlement discussions. ALL parties (Stampede, Westminster, and Progressive/Premier) are expected to attend the 12/19/2013 settlement conference in person. In the meantime, Kevin Kelly and Greg Peck will continue their private discussions, which the parties and the court have agreed will be off the record.The parties have agreed to provide an update of the progress of all discussions to the court on Tuesday 12/10/2013, no later than 3:00 p.m. If appropriate, at that time, the court would consider referring requests to adjust the case management schedule to the presiding judge. (Court Reporter: None.) Time: 6 hours, 25 minutes. (M, S) |
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Filing 73
Order Granting Stipulated Extension of Time: The Court hereby grants the parties' Stipulation for Extension of Time. Defendant Premier shall have an additional fourteen (14) days, until and including Tuesday, December 10, 2013, to file their response to Plaintiff Stampede's Motion. Judge Patricia A. Gaughan on 11/26/13. (LC,S) re #72
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| Filing 72 Stipulated Motion for extension of time until 12/10/2013 to file response/reply to #50 Motion order to show cause filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc. Related document(s) #50 . (Attachments: #1Proposed Order granting extension of time to respond)(Hartman, Ruth) |
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Order [non-document] granting Defendant Progressive Marketing Products, Inc Motion for relief from Attendance at Settlement Conference. (Related Doc #71 ). Magistrate Judge Kenneth S. McHargh on 11/25/2013. (M, S)
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Order [non-document]: Plaintiff's Motion for Extension of Time in Which to Respond to Defendants' Opposition to Plaintiff's Motion to Show Cause is Granted to 12/2/13. Judge Patricia A. Gaughan on 11/22/13. (LC,S) re #70
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| Filing 71 Motion for relief from Attendance at Settlement Conference filed by Defendant Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 70 Motion for extension of time until Dec. 2, 2013 to file response/reply to #59 Motion to show cause opposition filed by Peck & Westminster filed by Plaintiff Stampede Presentation Products, Inc. Related document(s) #59 . (Attachments: #1 Proposed Order)(Hartman, Ruth) |
| Filing 69 Opposition to #59 Motion to show cause filed by Gregory Peck, Westminster Technologies, Inc. (Attachments: #1 Exhibit - Excerpts from G. Peck Deposition, #2 Exhibit 2 - Affidavit of Gregory Peck, #3 Exhibit 3 - Affidavit of Robert Peck, #4 Exhibit 4 - Vestige Metadata Report, #5 Exhibit 5 - E-mail from G. Peck to A. Babcock, #6 Exhibit 6 - Correspondence from Ruth Hartman, Esq.)(Lavin, Angela) |
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Order [non-document] granting Defendant Progressive Marketing Products, Inc. Motion to attend Settlement Conference by Telephone. (Related Doc #68 ). Magistrate Judge Kenneth S. McHargh on 11/18/2013. (M, S)
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| Filing 68 Motion to attend settlement conference by telephone filed by Defendant Progressive Marketing Products, Inc. (Pelini, Craig) |
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Filing 67
Order Setting Settlement Conference for 11/26/2013 at 10:00 AM in Chambers 9B before Magistrate Judge Kenneth S. McHargh. Parties are to comply with the dates listed within this Order. Signed by Magistrate Judge Kenneth S. McHargh on 11/12/13. (R,N)
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| Filing 66 Initial Disclosures filed by Gregory Peck, Westminster Technologies, Inc. (Fogarty, Dennis) |
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Filing 65
Order Granting Stipulated Extension of Time: The Court hereby grants the parties' Stipulation for Extension of Time. Defendant Premier shall have an additional fourteen (14) days, until and including Tuesday, November 26, 2013, to file their response to Plaintiff Stampede's Motion for an Order to Show Cause. Judge Patricia A. Gaughan on 11/12/13. (LC,S) re #62
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| Filing 64 Initial Disclosures filed by Progressive Marketing Products, Inc.. (Pelini, Craig) |
| Filing 63 Corporate Disclosure Statement filed by Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 62 Third Proposed Stipulation for an extension of time for Premier to respond to Stampede's Motion for an Order to Show Cause filed by Stampede Presentation Products, Inc.. (Attachments: #1 Proposed Order)Related document(s) #50 .(Hartman, Ruth) |
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Filing 61
Order referring case to Magistrate Judge Kenneth S. McHargh for the purpose of conducting a Settlement Conference on 11/26/13 at 10:00 a.m. Judge Patricia A. Gaughan on 11/8/13. (LC,S)
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| Filing 60 Case Management Order: Case Management Conference was held on 11/8/13. Case is assigned to the standard track. Non-expert discovery shall be completed on or before 2/8/14. Expert reports shall be exchanged on or before 3/8/14 for party with burden of proof & 4/8/14 for Rebuttal and Expert Discovery shall be completed on or before 5/8/14. Pleadings shall be amended without leave of Court and new parties shall be joined on or before 12/1/13. Dispositive Motions shall be filed on or before 3/8/14. A Settlement Conference is set before Magistrate Judge McHargh on 11/26/13 at 10:00 a.m. Parties and lead counsel must appear in person unless otherwise ordered by the Court. Counsel shall confer within three business days of any scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within two business days of the conference, jointly or individually, a brief written Status Report describing the status of discovery, settlement positions, and issues to be addressed. The Status Report need not be filed, but may be delivered via e-mail, fax, or mail. Judge Patricia A. Gaughan on 11/8/13. (LC,S) Time: 30 mins. |
| Filing 59 Motion to show cause filed by Plaintiff Stampede Presentation Products, Inc., Counter-Defendant Stampede Presentation Products, Inc.. (Attachments: #1 Brief in Support Memorandum of Law in Support of Motion to Show Cause, #2 Exhibit A - Ventura Affidavit, #3 Exhibit B - Kelly Affidavit, #4 Exhibit C - Response Letter, #5 Exhibit D - Production Letter)(Hartman, Ruth) |
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Order [non-document]: Defendant's Motion for Expedited Settlement Conference is Granted. Settlement Conference is set 11/26/13 at 10:00 a.m. before Magistrate Judge McHargh. Judge Patricia A. Gaughan on 11/8/13. (LC,S) re #42
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| Filing 58 Joint Report of Parties' Planning Meeting Under Federal Civil Rule P. 26(f), parties do not consent to this case being assigned to the magistrate judge, filed by Stampede Presentation Products, Inc.. Related document(s) #51 .(Hartman, Ruth) |
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Order [non-document]: Plaintiff's Motion to Strike From the Docket Defendants' Offer of Judgment and Related Exhibits as Improperly Filed with the Court. Judge Patricia A. Gaughan on 11/1/13. (Related Docs #46 , #43 ) (LC,S) Modified text on 11/1/2013 (LC,S).
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Order [non-document]: Defendant, Progressive Marketing Products, Inc. dba Premier Mounts' Motion for Permission for Attendance at and Participation in Case Management Conference is Granted. Judge Patricia A. Gaughan on 11/1/13. (Related Doc #56 ) (LC,S)
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Filing 57
Order: The Court hereby grants the parties' Stipulation for Extension of Time. Defendant Premier shall have an additional fourteen (14) days, until and including Tuesday, November 12, 2013, to file their response to Plaintiff Stampede's Motion. Judge Patricia A. Gaughan on 10/25/13. (LC,S) re #55
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| Filing 56 Motion to attend case management conference by telephone filed by Defendant Progressive Marketing Products, Inc. (Pelini, Craig) Modified on 10/28/2013 (E,P). |
| Filing 55 Second Proposed Stipulation of Time until 11/8/13 to Respond to Plaintiff's Motion for an Order to Show Cause filed by Stampede Presentation Products, Inc. (Attachments: #1 Proposed Order)Related document(s) #54 , #50 .(Hartman, Ruth) Modified text to add text and to remove double wording on 10/25/2013 (E,P). |
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Filing 54
Order Granting Stipulated Extention of Time: The Court hereby grants the parties' Stipulation for Extension of Time. Defendant Premier shall have an additional seven (7) days, until and including Tuesday, October 29, 2013, to file their response to Plaintiff Stampede's Motion. Judge Patricia A. Gaughan on 10/22/13. (LC,S) re #50
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| Filing 53 Joint Proposed Stipulation for an Extension of time for Defendant Premier to Respond to Plaintiff Stampede's Motion for An Order to Show Cause filed by Stampede Presentation Products, Inc. (Attachments: #1 Proposed Order Proposed Order)Related document(s) #50 .(Hartman, Ruth) |
| Filing 52 Response to #42 SEALED Motion for expedited settlement conference #17 filed by Stampede Presentation Products, Inc. (Hartman, Ruth) |
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Filing 51
Case Management Conference Scheduling Order with case management conference set on 11/8/2013 at 9:15 a.m. to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 10/10/13. (D,Ma)
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| Filing 50 Motion order to show cause filed by Plaintiff Stampede Presentation Products, Inc.. Related document(s) #35 . (Attachments: #1 Brief in Support Brief, #2 Exhibit A, #3 Exhibit B)(Hartman, Ruth) |
| Filing 49 Amended Answer to Amended Complaint filed by Gregory Peck. Related document(s) #6 . (Fogarty, Dennis) |
| Filing 48 Answer to #6 Amended complaint filed by Gregory Peck. (Fogarty, Dennis) |
| Filing 47 Memorandum Opinion and Order: This matter is before the Court upon Plaintiff Stampede Presentation Products, Inc.'s Motion for Preliminary Injunction and Expedited Discovery. (Doc. #8 ). Also pending is Defendants [sic]/Counterclaim Plaintiff Westminster Technologies Inc.'s Motion for Preliminary Injunction (Doc. #14 ). This is a trademark infringement case. The parties engaged in expedited discovery and the preliminary injunction motions are now ripe for review. For the reasons that follow, plaintiff's motion is GRANTED in PART and DENIED in PART and defendant's motion is DENIED. Westminster, Peck, and Premier, as well as their officers, agents, employees, and attorneys are hereby enjoined from using the Tap-it mark. In addition, Westminster and/or Peck must return to Stampede customer lists and contact information (including the hard drive with CCS's customer information that Peck removed). Westminster is enjoined from using any such information, with the exception of information that is otherwise within the public domain. Westminster and Peck must also return and cease using any marketing materials previously owned by CCS. Stampede's request to enjoin defendants from marketing or selling any interactive learning device to any former customer of CCS is DENIED. Judge Patricia A. Gaughan on 10/3/13. (LC,S) |
| Filing 46 Motion to strike from the Docket Defendants' Offer of Judgment and Related Exhibits filed by Plaintiff Stampede Presentation Products, Inc. Related document(s) #43 . (Hartman, Ruth) |
| Filing 45 SEALED Document:Reply Brief in Support of Plaintiff Stampede's Motion for Preliminary Injunction filed by Stampede Presentation Products, Inc.. Related document(s) #17 , #8 . (Attachments: #1 Exhibit Peck Depo, #2 Exhibit Peck Depo Exhibits, #3 Exhibit Klopp Depo, #4 Exhibit Klopp Depo Exhibits, #5 Exhibit Pierro Depo, #6 Exhibit Pierro Depo Exhibits, #7 Exhibit Heipp Depo, #8 Exhibit Heipp Depo Exhibits, #9 Exhibit Senel Depo, #10 Exhibit Senel Depo Exhibits, #11 Exhibit Kelly Depo, #12 Exhibit Glatzhofer Depo, #13 Exhibit Asset Purchase Agreement, #14 Exhibit Security Agreement, #15 Exhibit Email to Kevin Kelly, 9/30/13)(Hartman, Ruth) |
| Filing 44 SEALED Document Reply Brief to Plaintiff Stampede Presentation Products, Inc.'s Memorandum in Support of it's Opposition to Defendants Motion for Preliminary Injunction filed by Westminster Technologies, Inc. (Related document(s) #17 , #14 ). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P) (Lavin, Angela). Modified on 10/1/2013 to term Motion, and change to Reply Brief, NEF regenerated (H,SP). |
| Filing 43 SEALED Document: Offer of Judgment filed by Gregory Peck, Westminster Technologies, Inc.. Related document(s) #17 . (Attachments: #1 Exhibit Kelly deposition excerpts, #2 Exhibit Stampede 00078, #3 Exhibit Stampede 0001182, #4 Exhibit RM EM to Baker, #5 Exhibit RM EM to Baker, #6 Exhibit EM EM to Baker, #7 Exhibit RM EM to Baker, #8 Exhibit Searby letter, #9 Exhibit Searby letter, # 10 Exhibit Glatzhofer agreement, # 11 Exhibit Babcock deposition excerpts, # 12 Exhibit Glatzhofer deposition excerpts) (Fogarty, Dennis). Modified text on 10/1/2013 (H,SP). Modified on 11/1/2013 (LC,S). STRICKEN PER ORDER OF 11/1/13- DOCUMENTS REMOVED FROM THE DOCKET. |
| Filing 42 SEALED Motion for expedited settlement conference filed by Gregory Peck, Westminster Technologies, Inc., Counter-Claimant Westminster Technologies, Inc. (Related document(s) #17 ). (Attachments: #1 Exhibit Partial Offer of Judgment) (Quallich, Patrick). Modified text on 10/1/2013 (H,SP). |
| Filing 41 Notice of Service of Second Supplemental Responses to Plaintiff's First Set of Request for Production of Documents filed by Progressive Marketing Products, Inc.. (Attachments: #1 Supplement Second Supplemental Response to Plaintiff's First Set of Request for Production of Documents, #2 Exhibit Agreement Premier intends to enter into with prospective customers for the ITP)(Pelini, Craig) |
| Filing 40 Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Westminster Technologies, Inc.. Related document(s) #8 . (Attachments: #1 Exhibit Depo Transcrip of Gregory Peck, #2 Exhibit Development and Supply Agreement, #3 Exhibit Joint Venture Agreement, #4 Exhibit Secured Party Asset Purchase Agr, #5 Exhibit Depo Transcript of Kevin Kelly, #6 Exhibit Depo Transcript of Rich Pierro I, #7 Exhibit Depo Transcrip of Rich Pierro II, #8 Exhibit Email Correspondence, #9 Exhibit Email Correspondence, #10 Exhibit Depo Transcript of Andrew Babcock, #11 Exhibit Email Correspondence, #12 Exhibit Depo Transcript of Raymond Heipp) (Fogarty, Dennis) |
| Filing 39 Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Westminster Technologies, Inc. Related document(s) #8 . (Fogarty, Dennis) |
| Filing 38 SEALED Document: Opposition to Westminster and Peck's Motion for Preliminary Injunction filed by Stampede Presentation Products, Inc.. (Related document(s) #17 , #14 ). (Attachments: #1 Exhibit A - Deposition Transcript of Greg Peck, #2 Exhibit A1 - Deposition Exhibits for Greg Peck, #3 Exhibit B - Deposition Transcript of Erica Klopp, #4 Exhibit B1 - Deposition Exhibits for Erica Klopp, #5 Exhibit C - Deposition Transcript of Rich Pierro, #6 Exhibit C1 - Deposition Exhibits for Rich Pierro, #7 Exhibit D - Deposition Transcript of Raymond Heipp, #8 Exhibit D1 - Deposition Exhibits for Raymond Heipp, #9 Exhibit E - Deposition Transcript of Laura Senel, #10 Exhibit E1 - Deposition Exhibits for Laura Senel, #11 Exhibit F - Trademark Registration for TAP-it, #12 Exhibit G - Supply Agreement between CCS and Premier, #13 Exhibit H - Asset Purchase Agreement between Stampede and Huntington) (Hartman, Ruth). Modified on 9/26/2013 to remove double wording (H,SP). |
| Filing 37 Opposition to #8 Motion for preliminary injunction and expedited discovery filed by Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 36 Supplement Responses to Plaintiff's Request for Production of Documents filed by Progressive Marketing Products, Inc. (Attachments: #1 Exhibit Requested documents)(Pelini, Craig) |
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Filing 35
Order: This matter is before the Court upon Plaintiff Stampede's Motion to Compel the Production of Documents from Premier and Deposition of Tiffany Dozier (Doc. #28 ). Also pending is Defendant Progressive Marketing Products, Inc. DBA Premier Mounts' Motion for Protective Order (Doc. #32 ). The motion to compel is GRANTED in PART and DENIED in PART and the motion for protective order is GRANTED. Premier must produce any responsive documents as set forth herein forthwith. Judge Patricia A. Gaughan on 9/19/13. (LC,S)
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| Filing 34 Reply to response to #28 Motion to compel discovery filed by Stampede Presentation Products, Inc. (Attachments: #1 Exhibit Supply Agreement between Premier and CCS, #2 Exhibit Letter of Intent from Wesminster to Premier)(Hartman, Ruth) |
| Filing 33 Reply to #13 Answer to Amended Complaint, Counterclaim,, filed by Stampede Presentation Products, Inc. (Hartman, Ruth) |
| Filing 32 Motion for protective order filed by Defendant Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 31 Response to #28 Motion to compel discovery filed by Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 30 Minutes/Order: Before the Court is Plaintiff's Motion to Compel the Production of Documents from Premier and Deposition of Tiffany Dozier (Doc. #28 ). Brief in opposition is due 9/16/13. Reply brief is due 9/17/13. Judge Patricia A. Gaughan on 9/13/13. (LC,S) |
| Filing 29 Notice of Service of Subpoena Duces Tecum on 9/12/13 filed by Westminster Technologies, Inc. (Attachments: #1 Exhibit Subpoena duces tecum)(Quallich, Patrick) Modified text added on 9/13/2013 (E,P). |
| Filing 28 Motion to compel discovery filed by Plaintiff Stampede Presentation Products, Inc.. (Attachments: #1 Exhibit A - September 11, 2013 Correspondence, #2 Exhibit B - Scheduling Orders, #3 Exhibit C- Responses to Discovery Requests, #4 Exhibit D - September 6, 2013 Correspondence, #5 Exhibit E - September 10-11 Correspondence, #6 Exhibit F - Notice of Deposition of Tiffany Dozier, #7 Exhibit G - Declaration of Ruth Hartman)(Hartman, Ruth) |
| Filing 27 Answer to #6 Amended complaint filed by Progressive Marketing Products, Inc.. (Pelini, Craig) |
| Filing 26 Initial Disclosures filed by Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 25 Corporate Disclosure Statement filed by Westminster Technologies, Inc.(Lavin, Angela) |
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Order [non-document]: Plaintiff's Motion to Compel Production of Documents is Granted to the following extent: Discovery deadline is now 9/20/13. Brief in opposition is due 9/25/13. Reply brief is due 9/30/13. Judge Patricia A. Gaughan on 9/6/13. (Related Doc #21 ). (LC,S)
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| Filing 24 Attorney Appearance by Craig G Pelini filed by on behalf of Progressive Marketing Products, Inc. (Pelini, Craig) |
| Filing 23 Notice of Service of Subpoena filed by Stampede Presentation Products, Inc. (Attachments: #1 Exhibit Subpoena)(Hartman, Ruth) |
| Filing 22 Notice of Appearance filed by Stampede Presentation Products, Inc. (Hartman, Ruth) |
| Filing 21 Motion to compel discovery filed by Plaintiff Stampede Presentation Products, Inc.. (Attachments: #1 Exhibit A - Scheduling Order, #2 Exhibit B - August 22 correspondence, #3 Exhibit C - August 25 correspondence, #4 Exhibit D - Revised Scheduling Order, #5 Exhibit E - August 28 correspondence, #6 Exhibit F - August 29 correspondence #1, #7 Exhibit G - August 29 correspondence #2, #8 Exhibit H - August 29 correspondence #3, #9 Exhibit I - August 30 correspondence #1, #10 Exhibit J - August 30 correspondence #2, #11 Exhibit K - August 30 correspondence #3, #12 Exhibit L - August 30 correspondence #4, #13 Exhibit M - Unresponsive documents, #14 Exhibit N - August 30 correspondence #5, #15 Exhibit O - August 30 correspondence #6, #16 Exhibit P - August 31 correspondence, #17 Exhibit Q - Declaration of Michael Montgomery)(Prabucki, Kenneth). Modified text 9/4/2013 (K,K). |
| Filing 20 Attorney Appearance by Patrick J. Quallich filed by on behalf of Westminster Technologies, Inc. (Quallich, Patrick) |
| Filing 19 Attorney Appearance by Dennis R. Fogarty filed by on behalf of Gregory Peck, Westminster Technologies, Inc. (Fogarty, Dennis) Modified on 8/28/2013 (E,P). |
| Minutes of proceedings[non-document] At the request of the parties, a telephone conference was held by Judge Patricia A. Gaughan. By agreement of the parties, expedited discovery will now be completed by 9/11/13. Briefs in opposition are due by 9/16/13. Reply briefs are due 9/18/13. Documents will be produced by all parties by 8/30/13. Judge Patricia A. Gaughan. Time: 20 mins. (D,Ma) |
| Filing 18 Notice of Appearance of Additional Counsel filed by Westminster Technologies, Inc. (McIntyre, Robert) |
| Filing 17 Protective Order (Related Doc #15 ). Judge Patricia A. Gaughan(C,KA) |
| Filing 16 Response to #15 Motion for protective order filed by All Plaintiffs. (Montgomery, Michael) |
| Filing 15 Motion for protective order filed by Counter-Claimant Westminster Technologies, Inc., Defendant Westminster Technologies, Inc. (Attachments: #1 Proposed Order)(Lavin, Angela) |
| Filing 14 Motion for preliminary injunction filed by Counter-Claimant Westminster Technologies, Inc., Defendant Westminster Technologies, Inc.. (Attachments: #1 Affidavit Erica Klopp, #2 Affidavit Gregory Peck)(Lavin, Angela) |
| Filing 13 Westminster Technologies Inc.'s Answer to #6 Amended complaint , Counterclaim against Plaintiff Stampede Presentation Products, Inc. filed by Westminster Technologies, Inc. (Attachments: #1 Exhibit A, Distribution Agreement, #2 Exhibit B, Notice to Cleveland Corporate Services, #3 Exhibit C, Correspondence to Westminster, #4 Exhibit Correspondence to distributors)(Lavin, Angela) |
| Filing 12 Return of Service by personal service executed upon Progressive Marketing Products, Inc. on 8/22/2013, filed on behalf of Stampede Presentation Products, Inc. Related document(s) #10 , #6 . (Prabucki, Kenneth) |
| Filing 11 Affidavit/Declaration of Eric Kornmeyer (CORRECTED) in support of Plaintiff's Motion for Preliminary Injunction filed by Stampede Presentation Products, Inc.. Related document(s) #8 . (Montgomery, Michael) |
| Filing 10 Alias Summons issued electronically to counsel on 8/22/13 for service upon Progressive Marketing Products, Inc., c/o Leonard Brown Dozier. (E,P) |
|
Order [non-document] Telephone Conference was held. By agreement of the parties, expedited discovery is to be completed by 8/30/13. Defendant Westminster's Motion for Preliminary Injunction will be filed by 8/23/13. Briefs in opposition to the motions are due 9/03/13. Reply briefs are due 9/04/13, preferably by noon. In light of the expedited nature of the schedule, Motion for Temporary Restraining Order is denied at this time.(Related Doc #7 ) 30 mins. Judge Patricia A. Gaughan on 8/21/13.(D,Ma)
|
| Filing 9 Praecipe for issuance of Alias Original Summons . filed by Stampede Presentation Products, Inc. Related document(s) #6 . (Attachments: #1 Summons)(Prabucki, Kenneth) Modified text on 2/18/2014 (E,P). |
| Filing 8 Motion for preliminary injunction and expedited discovery filed by Plaintiff Stampede Presentation Products, Inc.. (Attachments: #1 Brief in Support, #2 Exhibit Ex. A Trademark Registration, #3 Affidavit Ex. B Dec. of Denise Glatzhofer, #4 Exhibit Ex. C Newspaper Article, #5 Affidavit Ex. D Dec. of Kevin Kelly, #6 Affidavit Ex. E Dec. of Andy Babcock, #7 Affidavit Ex. F Dec. of Eric Kornmeyer)(Montgomery, Michael) |
| Filing 7 Motion for temporary restraining order filed by Plaintiff Stampede Presentation Products, Inc. (Attachments: #1 Proposed Order, #2 Affidavit Michael J. Montgomery)(Montgomery, Michael) |
| Filing 6 Amended complaint against Gregory Peck, Westminster Technologies, Inc. and adding new party defendant(s) Progressive Marketing Products, Inc. Filed by Stampede Presentation Products, Inc.. (Montgomery, Michael) |
| Filing 5 Waiver of Service Returned Executed by Stampede Presentation Products, Inc.. Westminster Technologies, Inc. waiver sent on 8/8/2013, answer due 10/7/2013. filed on behalf of Stampede Presentation Products, Inc. (Montgomery, Michael) |
| Filing 4 Waiver of Service Returned Executed by Stampede Presentation Products, Inc.. Gregory Peck waiver sent on 8/8/2013, answer due 10/7/2013. filed on behalf of Stampede Presentation Products, Inc. (Montgomery, Michael) |
| Filing 3 Report on the Filing of an Action Regarding a Patent or Trademark (AO120). (Attachments: #1 Complaint)(K,Ca) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon Gregory Peck, Westminster Technologies, Inc. (Attachments: #1 Magistrate Consent Form) (C,B) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-6123605. Filed by Stampede Presentation Products, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form) (Montgomery, Michael) Modified text on 8/7/2013 (C,B). |
| Judge Patricia A. Gaughan assigned to case. (C,B) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,B) |
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