Suarez Corporation Industries v. Napier et al
Suarez Corporation Industries |
Rodney Napier, John Armstrong, PatentHEALTH, LLC and John Does I-V |
Westfield Insurance Company and Anthony R. Martin |
5:2004cv01164 |
June 18, 2004 |
US District Court for the Northern District of Ohio |
John R Adams |
Other Statutory Actions |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Plaintiff |
Docket Report
This docket was last retrieved on August 31, 2006. A more recent docket listing may be available from PACER.
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Filing 95 True copy of order from the USCA for the Sixth Circuit: Granting the stipulation of the parties to voluntarily dismiss the #44 Notice of Appeal (USCA# 05-3321). Date issued by USCA 8/29/06 (H, S P) |
Filing 94 True copy of order from the USCA for the Sixth Circuit: Dismissing the #88 Notice of Appeal (USCA# 05-4102). Date issued by USCA 1/17/05 (H, S P) |
USCA Appeal Fees received $ 255.00 receipt number 517312 re #88 Notice of Appeal. (P, G) |
Filing 93 Order that pursuant to 28 U.S.C. section 1915(a)(3) an appeal may not be taken in good faith by movant Mr. Martin; Further, if the $255.00 filing fee is not paid within 30 days of this order, the appeal may be dismissed for want of prosecution. Signed by Judge John R. Adams on 9/14/05. (K, Chr) |
Filing 92 Acknowledgment from the USCA for Sixth Circuit of receipt of #88 Notice of Appeal (USCA# 05-4102). Date filed in USCA 9/1/05. (H, S P) |
Filing 91 Marginal Entry Order granting Notice (motion) of withdrawal re #82 John Armstrong's Motion to enforce. Signed by Judge John R. Adams on 8/24/2005. (Related doc #90 ) (S, T) Modified to create additional link on 8/30/2005 (B, B). |
Filing 90 Notice of Withdrawal of John Armstrong's Motion to Enforce the Mutual Release and Settlement Agreement, filed by John Armstrong. (Attachments: #1 Exhibit A - Correspondence) Related document(s) #82 . (Vollins, James) Modified on 8/23/2005 (H, S P). |
Filing 89 Transcript of Motion Hearing Proceedings held on 5/26/2005 before Judge Adams filed manually. To obtain a bound copy of this transcript please contact Court Reporter Rich DelMonico at 330-375-5666. Complete document on file, 87 pages. (S, T) |
Filing 88 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #78 Marginal order of 7/14/05 denying motion to open sealed portions of the file and from the #79 Marginal order of 7/14/05 denying as moot motion to be heard by telephone, filed by movant Anthony R. Martin. Filing Fee Paid 10/17/05, receipt #517312 (S, T). Modified text on 8/17/2005 (H, S P). Modified for fee on 10/18/2005 (H, S P). |
Filing 87 Reply to response to Motion to enforce the Mutual Release and Settlement Agreement filed by John Armstrong. Related document(s) #82 . (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Vollins, James) |
Filing 86 Order denying Anthony R. Martin's motion for reconsideration of denial of access and to vacate order pendente lite; and denying as moot the alternate motion to extend the time for filing an appeal. (Related Doc #85 ). Signed by Judge John R. Adams on 8/9/2005.(H, R M) |
Filing 85 Motion for reconsideration of denial of access and Motion to vacate order pendente lite or to extend the time for filing an appeal for 30 days filed by Anthony R. Martin. Related document(s) #78 , #74 , #76 , #77 . (Attachments: #1 Proposed Notice of Appeal)(S, T) |
Filing 84 Opposition to Motion to enforce the Mutual Release and Settlement Agreement filed by Suarez Corporation Industries. Related document(s) #82 . (Conley, Craig) |
Filing 83 Attorney Appearance by Craig T. Conley filed by on behalf of Suarez Corporation Industries. (Conley, Craig) |
Filing 82 Withdrawn per Order #91 of 8/24/2005 - Motion to enforce the Mutual Release and Settlement Agreement filed by John Armstrong. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Vollins, James) Modified text & term motion on 8/24/2005 (S, T). |
Filing 81 Transcript of Conference Proceedings held on 6/8/05 before Judge John R. Adams filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440-570-6950. Complete document on file, 44 pages. (W, He) |
Filing 80 Transcript of in Chambers Conference Proceedings held on 6/6/05 before Judge John R. Adams filed manually. To obtain a bound copy of this transcript please contact Court Reporter Susan K. Trischan at 440-570-6950. Complete document on file, 83 pages. (W, He) |
Filing 79 Marginal entry order denying as moot motion to be heard by telephone in any hearings/proceedings. (Related Doc #75 ). Signed by Judge John R. Adams on 7/14/2005.(H, R M) |
Filing 78 Marginal entry order denying motion to open sealed portions of the court file. Nothing in the settlement has any bearing on the movant or his case. Related Doc #74 ). Signed by Judge John R. Adams on 7/14/2005.(H, R M) |
Filing 77 Response to Motion for Opening Sealed Portions of the Court Files filed by Rodney Napier, John Armstrong, PatentHEALTH, LLC, John Does I-V. Related document(s) #74 . (Attachments: #1 Exhibit A)(Vollins, James) |
Filing 76 Memorandum (Motion) in Opposition to Motion to Open Sealed Portions of the Court File and to be Heard by Telephone in any Hearings/Proceedings filed by Suarez Corporation Industries. Related document(s) #74 , #75 . (Attachments: #1Correspondence)(Casarona, Robert) Modified text, termed motion on 7/14/2005 (S, T). |
Filing 75 Motion to be heard by telephone in any hearings/proceedings filed by Anthony R. Martin. (W, He) |
Filing 74 Motion to open sealed portions of the court file filed by Anthony R. Martin. (Attachments: #1 Exhibit)(W, He) |
Filing 73 Mutual Release and Settlement Agreement filed by all parties. (SEALED # 3664)Related document(s) #72 . (P, S) |
Filing 72 Order placing the settlement agreement underseal for reasons stated on the record at conference held 6/8/05. Signed by Judge John R. Adams on 6/9/05. (K, Chr) |
Filing 71 Order that the Court retains continuing jurisdiction and authority to enforce the terms of the mutual settlement agreement. Signed by Judge John R. Adams on 6/9/05. (K, Chr) |
Filing 70 Agreed Order permanently enjoining plaintiffs Suarez Corporation and Benjamin D. Suarez from filing any lawsuit or document in any Federal Court against defendants. Signed by Judge John R. Adams on 6/8/05. (K, Chr) |
Minutes of proceedings (non-document). Status Conference held on 6/8/05 before Judge John R. Adams. Case settled. (Court Reporter Sue Trischan.) (K, Chr) |
Filing 69 Order setting continued status conference for 6/8/2005 at 04:00 PM in Chambers 526 before Honorable John R. Adams. See order for additional instruction. Signed by Judge John R. Adams on 6/7/05. (K, Chr) |
Minutes of proceedings (non-document). Status Conference held on 6/6/05 before Judge John R. Adams and continued to 6/8/05 at 4:00 p.m. (Court Reporter Sue Trischan.) (K, Chr) |
Filing 68 Order setting a status conference for 6/6/2005 at 03:30 PM in Chambers 526 before Honorable John R. Adams. See order for appearance requirements. Signed by Judge John R. Adams on 6/3/05. (K, Chr) |
Filing 67 Exhibit List from hearing of 5/26/05. (K, Chr) |
Filing 66 Transcript of Settlement agreement Proceedings held on 5/26/05 before Judge John R. Adams filed manually. To obtain a bound copy of this transcript please contact Court Reporter Richard G. DelMonico at 330-375-5666. Complete document on file, 38 pages. (P, G) |
Filing 65 Minutes of proceedings (non-document). Motion Hearing held on 5/26/05 before Judge John R. Adams on Motion for attorney fees and Sanctions. (Court Reporter: Richard DelMonico.)Related document(s) #33 . (P, S) |
Filing 64 Objection to the Declaration of James A. Vollins Concerning Attorneys' Fees and Expenses filed by Suarez Corporation Industries. Related document(s) #55 . (Casarona, Robert) |
Filing 63 Transcript of Hearing on Motions held on 5/13/05 before Judge John R. Adams filed manually. To obtain a bound copy of this transcript please contact Court Reporter Lori Ann Callahan at 330-819-8676. (Complete document on file, 22 pages) (L, T) |
Filing 62 Motion in limine to Exclude Evidence of Other Litigation between Plaintiff and Movants filed by Suarez Corporation Industries. (Casarona, Robert) |
Filing 61 Notice of Non-Waiver of Legislative Immunity filed by all plaintiffs. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3) (Yoder, John) |
Filing 60 Pre-Hearing Witness List filed by Suarez Corporation Industries. (Casarona, Robert) Modified text on 5/19/2005 (S, T). |
Filing 59 Order denying plaintiff's motion for leave (Related Doc #48 ), granting plaintiff's motion for the Court to accept filing of pre-hearing brief in opposition (Related Doc #52 ); Motions by plaintiff for leave to file declaration of John Yoder (Related Doc #54 )and declaration of William Bennett (Related Doc #57 ) are withdrawn. An evidentiary hearing is continued to 5/26/2005 at 10:00 AM in Courtroom 530 before Honorable John R. Adams regarding defendants' motion (Doc. #33 ). Signed by Judge John R. Adams on 5/17/05.(K, Chr) |
Minutes of proceedings (non-document). Motion Hearing held on 5/13/05 re #33 Motion for attorney fees and Sanctions before Judge John R. Adams. Hearing continued to 5/26/05 at 10:00 a.m. (Court Reporter Lori Callahan.)Related document(s) #33 . (K, Chr) |
Filing 58 Response to Plaintiff's Pre-Hearing Brief on Attorney Fees and Sanctions filed by Rodney Napier, John Armstrong, PatentHEALTH, LLC, John Does I-V. Related document(s) #52 , #53 . (Attachments: #1)(Vollins, James) Modified text & link on 5/12/2005 (S, T). |
Filing 57 Motion of plaintiff to File Declaration of William T. Bennett filed by Suarez Corporation Industries. (Attachments: #1Declaration)(Bennett, William) Modified text on 5/11/2005 (S, T). |
Filing 56 Affidavit of Benjamin Suarez (executed copy of Exhibit 1) filed by Suarez Corporation Industries. (Casarona, Robert) Related documents #52 , #53 . Modified text and created link on 5/11/2005 (S, T). |
Filing 55 Affidavit/Declaration of James A. Vollins Concerning Attorneys' Fees and Expenses filed by Rodney Napier, John Armstrong, PatentHEALTH, LLC. (Attachments: #1 Exhibit 1)(Vollins, James) |
Filing 54 Motion for leave to file Declaration of John C. Yoder filed by all plaintiffs. Related document(s) #43 , #33 , #42 . (Attachments: #1 Affidavit Declaration of John C. Yoder#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D)(Yoder, John) |
Filing 53 Pre-Hearing Brief of Plaintiff on Defendants' Motion for Attorneys' Fees and Sanctions filed by Suarez Corporation Industries. (Attachments: #1Suarez Affidavit (unsigned) #2Letter) (Casarona, Robert) Modified text on 5/10/2005 (S, T). |
Filing 52 Motion for this Court to Accept Filing of Plaintiff's Pre-Hearing Brief in Opposition to Defendants' Motion for Attorney Fees and Sanctions filed by Suarez Corporation Industries. (Casarona, Robert) Modified text on 5/10/2005 (S, T). |
Filing 51 Reply to defendants' memorandum in opposition to Motion to file Settlement Agreement Under Seal filed by plaintiff Suarez Corporation Industries. Related document(s) #48 . (Casarona, Robert) Modified text on 4/20/2005 (S, T). |
Filing 50 Memorandum in Opposition to plaintiff's Motion for Order to File Confidential Settlement Agreement Under Seal filed by defendants Rodney Napier, John Armstrong, PatentHEALTH, LLC. Related document(s) #48 . (Vollins, James) Modified text on 4/11/2005 (S, T). |
Filing 49 Marginal entry order granting plaintiff's motion to continue (Related Doc #47 ). The hearing is rescheduled to 5/13/05 at 1:30 p.m. Signed by Judge John R. Adams on 4/5/05.(K, Chr) |
Filing 48 Motion for Order to File Confidential Settlement Agreement Under Seal filed by Suarez Corporation Industries. (Casarona, Robert) |
Filing 47 Motion to continue Hearing on Attorney Fees for an additional (30) days filed by Suarez Corporation Industries. (Attachments: #1 Affidavit John C. Yoder #2 Affidavit Craig T. Conley) (Casarona, Robert) Modified on 3/31/2005 to edit text (B, T). |
Filing 46 Attorney Appearance by Robert B. Casarona filed by on behalf of Suarez Corporation Industries. (Casarona, Robert) |
Filing 45 Acknowledgment from the USCA for Sixth Circuit of receipt of #44 Notice of Appeal (USCA# 05-3321). Date filed in USCA 3/18/05. (H, S P) |
Filing 44 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #26 Order of dismissal, #39 Marginal Order of 2/23/05, #40 Marginal Order of 2/23/05 denying motion to file under seal and the #41 Order of 3/3/05, filed by Suarez Corporation Industries. Filing fee of $255.00 received, receipt number 668473 (Yoder, John). Modified on 3/14/2005 to edit text (B, T). Modified text on 3/15/2005 (H, S P). |
Filing 43 Marginal Order signed by Judge John R. Adams on 3/10/05 holding in abeyance Defendants' Motion for Attorneys' Fees and Sanctions pending the motion hearing scheduled for 4/15/05. (Related Doc. #33 ) (L, M) |
Filing 42 Notice of Hearing re #33 motion for attorney fees and Sanctions. Motion Hearing set for 4/15/2005 at 01:30 PM in Courtroom 530 before Honorable John R. Adams. Related document(s) #33 . (K, Chr) |
Filing 41 Order denying plaintiff's motion for reconsideration or in the alternative for leave to file a first amended complaint (Related Doc #28 ). Signed by Judge John R. Adams on 3/3/05.(K, Chr) |
Filing 40 Marginal Order signed by Judge John R. Adams on 2/23/05 denying Plaintiff's Motion to file under seal the Settlement Agreement. (Related Doc. #29 ) (L, M) Modified on 3/1/2005 to edit (B, T). |
Filing 39 Marginal Order signed by Judge John R. Adams on 2/23/05 denying Motion for enlargement of time to file reply. (Rel Doc. #34 ) (L, M) |
Filing 38 Marginal Order signed by Judge John R. Adams on 2/23/05 denying plaintiff's Motion to strike defendants' Motion for Attorney Fees and Sanctions (Related Doc #35 ). (L, M) Modified on 3/1/2005 to edit (B, T). |
Filing 37 Opposition to Motion to strike motion for fees and sanctions. filed by Rodney Napier, John Armstrong, PatentHEALTH, LLC. Related document(s) #35 . (Vollins, James) |
Filing 36 Reply to response to Motion for reconsideration filed by Suarez Corporation Industries. Related document(s) #28 . (Yoder, John) |
Filing 35 Motion to strike defendants' motion for attorney fees and sanctions or in the alternative to stay proceedings filed by all plaintiffs. Related document(s) #33 . (Attachments: #1 Memorandum in Support of Plaintiff's Motion to Strike#2 Exhibit A#3 Exhibit B#4 Exhibit C#5 Exhibit D#6 Exhibit E#7 Exhibit F)(Yoder, John) Modified on 2/11/2005 to edit ext (B, T). Modified text on 2/14/2005 (P, S). |
Filing 34 Motion for extension of time until 2/11/05 to file Reply in support of Motion for Reconsideration filed by all plaintiffs. Related document(s) #32 , #28 . (Yoder, John) Modified on 1/31/2005 to edit text (B, T). |
Filing 33 Motion for attorney fees and Sanctions filed by James A. Vollins on behalf of Rodney Napier, John Armstrong and PatentHEALTH, LLC. (Attachments: #1 Memorandum in Support; #2 Exhibit A; #3 Exhibit B; #4 Exhibit C; #5 Exhibit D; #6 Exhibit E; #7 Exhibit F; #8 Exhibit G; #9 Exhibit H; #10 Exhibit I; #11 Exhibit J; #12 Exhibit K; #13 Exhibit L; #14 Exhibit M; #15 Exhibit N; #16 Exhibit O; #17 Exhibit P; #18 Exhibit Q; #19 Exhibit R) (Vollins, James). Modified on 1/20/2005 to edit text (B, T). Modified text on 3/15/2005 (H, S P). |
Filing 32 Opposition to plaintiff's Motion for reconsideration filed by Rodney Napier, John Armstrong and PatentHEALTH, LLC. Related document(s) #28 . (Vollins, James) Modified on 1/14/2005 (B, T). |
Filing 31 Opposition to plaintiff's Motion for Order to file documents Under Seal filed by Rodney Napier, John Armstrong, PatentHEALTH, LLC. Related document(s) #29 . (Vollins, James) Modified on 1/14/2005 to edit text (B, T). |
Filing 30 Declaration of Untimely Filing of Exhibit Due to Technical Difficulties filed by Suarez Corporation Industries. (Attachments: #1 Exhibit B)Related document(s) #28 . (Yoder, John) |
Filing 29 Motion for Order to File the settlement agreement under seal filed by Suarez Corporation Industries. (Yoder, John) Modified text on 12/27/2004 (L, T). |
Filing 28 Motion for reconsideration of Court's dismissal order and judgment; or in the alternative, Motion for leave to file amended complaint filed by Suarez Corporation Industries. Related documents #26 , #27 . (Attachments: #(1) Memorandum in Support of Motion for Reconsideration; #(2) Exhibit A; #(3) Exhibit C#4 Exhibit D)(Yoder, John) Modified text on 12/27/2004 (L, T). |
Filing 27 Judgment Entry in favor of defendants against plaintiff . Signed by Judge John R. Adams on 12/15/04. (K, Chr) |
Filing 26 Dismissal Order granting defendants' motion to dismiss the amended complaint (Related Doc #8 ). Signed by Judge John R. Adams on 12/15/04.(K, Chr) |
Filing 25 45 Day Status Report filed by Suarez Corporation Industries. (Yoder, John) Modified text on 11/23/2004 (L, T). |
Filing 24 45 Day Status Report pursuant to Case Management Plan filed by John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. (O'Brien, Ann Marie) Modified text on 11/23/2004 (L, T). |
Filing 23 Response to Westfield Insurance Company's Motion for leave to intervene as a new party defendant filed by Suarez Corporation Industries. Related document(s) #22 . (Yoder, John) Modified text on 11/22/2004 (L, T). |
Filing 22 Motion for leave to intervene as a new party defendant filed by Westfield Insurance Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(Evans, Cari) |
Filing 21 Order holding the reference to early neutral evaluation in abeyance pending the Court's ruling on motion to dismiss. Signed by Judge John R. Adams on 10/20/04. (K, Chr) |
Filing 20 Case management conference order. Track: standard; Case will be referred to early neutral evaluation by separate order. Signed by Judge John R. Adams on 10/6/04. (K, Chr) |
Minutes of proceedings (non-document). Case Management Conference held on 9/29/04 before Judge John R. Adams. (Court Reporter None.) (K, Chr) |
Filing 19 Joint Report of Parties' Planning Meeting filed by John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. (Vollins, James) |
Filing 18 Filed in Error as duplicate of document #17 - Amended Attorney Appearance by Ann Marie O'Brien filed on behalf of John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. (O'Brien, Ann Marie) Modified text on 9/22/2004 (M, J). |
Filing 17 Amended Attorney Appearance by Ann Marie O'Brien filed on behalf of John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. (O'Brien, Ann Marie) |
Filing 16 Attorney Appearance by William T. Bennett filed on behalf of Suarez Corporation Industries. (Bennett, William) Modified text on 9/20/2004 (M, J). |
Filing 15 Reply to response to Motion to dismiss the Amended Complaint filed by John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. Related document(s) #8 . (Vollins, James) |
Filing 14 Attorney Appearance by Ann Marie O'Brien filed on behalf of John Armstrong, Rodney Napier, PatentHEALTH, LLC. (O'Brien, Ann Marie) Modified text on 9/13/2004 (M, J). |
Filing 13 Opposition to Motion to dismiss the Amended Complaint filed by Suarez Corporation Industries. Related document(s) #8 . (Yoder, John) |
Filing 12 Attorney Appearance by David G. Utley filed on behalf of all defendants. (Utley, David) Modified text on 8/25/2004 (M, J). |
Filing 11 Marginal Order signed by Judge John R. Adams on 8/18/04 denying as moot Defendants' Motion to dismiss Complaint in light of Defendants' Motion to Dismiss Amended Complaint. (Related Doc #4 ) (L, M) |
Filing 10 Marginal Order signed by Judge John R. Adams on 8/18/04 granting Motion for enlargment of time. Plaintiff must file an opposition to the motion to dismiss on or before 8/30/04. Plaintiff may file a hard copy of the opposition with the Clerk, although it appears from Plaintiff's Motion that counsel will have returned to the United States and have computer access before 8/30/04. All future filings shall be submitted electronically in accordance with the Court's Case Management Conference Scheduling Order. (Doc. No. #9 ) (L, M) |
Filing 9 Motion for extension of time of 10 days, until 8/30/2004, to file opposition to defendants' motion to dismiss the amended complaint filed by Suarez Corporation Industries. Related document(s) #8 . (S, T) |
Filing 8 Motion to dismiss the Amended Complaint filed by John Armstrong, John Does I-V, Rodney Napier, PatentHEALTH, LLC. Related document(s) #5 . (Attachments: #1 Memorandum in Support of Defendant's Motion to Dismiss Amended Complaint)(Vollins, James) |
Filing 7 Case Management Conference Scheduling Order with case management conference to be held on 9/29/2004 at 02:00 PM at Chambers 526 before Honorable John R. Adams. LEAD COUNSEL AND PARTY REPRESENTATIVES TO ATTEND. Signed by Judge John R. Adams on 8/5/04. (Attachments: #1 Report of Parties#2 Rule 30.1#3 Consent to Magistrate#4 Budget#5 Policy & Procedure Manual)(K, Chr) |
Filing 6 Opposition to Motion to dismiss the Complaint. filed by Suarez Corporation Industries. Related document(s) #4 . (Yoder, John) |
Filing 5 Amended complaint with Jury Demand against all defendants. Filed by Suarez Corporation Industries. (Attachments: #1 Exhibit 1)(Yoder, John) Modified text on 7/22/2004 (M, J). |
Filing 4 Motion to dismiss the Complaint. filed by John Armstrong, Rodney Napier, PatentHEALTH, LLC. Related document(s) #1 . (Attachments: #1 Memorandum in Support#2 Exhibit 1 - Article)(Vollins, James) |
Filing 3 Attorney Appearance by James A. Vollins and Joseph C. Weinstein, of the firm Squire, Sanders & Dempsey L.L.P., filed by on behalf of John Armstrong, Rodney Napier, PatentHEALTH, LLC. (Vollins, James) |
Filing 2 Random Assignment of Magistrate Judge Gallas (C, BA) |
Filing 1 Complaint with jury demand against John Armstrong, John Does I-V, Rodney Napier & PatentHEALTH, LLC (3 summons and Magistrate Consent Forms issued to counsel). Filed by Suarez Corporation Industries. Filing fee paid; receipt number 661640. (Attachments: #1 Exhibit 1#2 Civil Cover Sheet)(C, BA) |
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