Midwest Industrial Supply, Inc. v. Soilworks, LLC Featured Case

Plaintiff Midwest Industrial Supply, Inc. alleged that Defendant Soilworks, LLC infringed its trademark, violated the Lanham Act and engaged in unfair competition.

Plaintiff: Midwest Industrial Supply, Inc.
Defendant: Soilworks, LLC
Case Number: 5:2008cv01374
Filed: June 6, 2008
Court: US District Court for the Northern District of Ohio
Office: Trademark Office
County: Stark
Presiding Judge: Solomon Oliver
Nature of Suit: Plaintiff
Cause of Action: Federal Question
Jury Demanded By: 15:1125 Trademark Infringement (Lanham Act)
Docket Report

This docket was last retrieved on April 27, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 10, 2009 Filing 21 Stipulation & Order of case dismissal. Signed by Judge Solomon Oliver, Jr on 4/10/2009. (Related doc 20 ) (D,M) Modified to create link on 4/13/2009 (B, B).
April 7, 2009 Filing 20 Stipulated Notice of Dismissal Under FRCP 41(a) filed by all parties. (Skeriotis, John) Modified text on 4/13/2009 (B,B).
March 31, 2009 Filing 19 Order of Case Dismissal. Counsel has notified this court that this matter has settled. The parties must submit a dismissal entry to the court within 21 days of the date of this order. The court retains jurisdiction to vacate this Order to reopen the action upon cause shown that settlement has not been completed and further litigation is necessary. Signed by Judge Solomon Oliver, Jr on 3/31/2009. (D,M)
September 5, 2008 Filing 18 Opposition to 17 Motion for leave to File Instanter a Sur-Reply in Further Support if its Opposition to Defendant's Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue filed by Soilworks, LLC. (Dosek, E.)
September 4, 2008 Filing 17 Motion for leave to File Instanter a Sur-Reply in Further Support if its Opposition to Defendant's Motion to Dismiss, or, in the Alternative, Motion to Transfer Venue filed by Plaintiff Midwest Industrial Supply, Inc.. (Attachments: # 1 Exhibit A - Plaintiff's Sur-Reply in Support of its Opposition to Defendant's Motion to Dismiss)(Skeriotis, John)
August 25, 2008 Filing 16 Reply to response to 6 Motion to dismiss , or in the Alternative, Motion to Transfer Venue and Consolidate filed by Soilworks, LLC. (Attachments: # 1 Exhibit 1 -Midwest's Natiowide Locations, # 2 Exhibit 2 - June 8, 2006 letter, # 3 Exhibit 3 - July 18, 2006 letter, # 4 Exhibit 4 - August 8, 2006 letter, # 5 Exhibit 5 - Marketing Materials, # 6 Exhibit 6 - Midwest's Products)(Dosek, E.) Modified text on 8/26/2008 (B,B).
August 21, 2008 Filing 15 Notice of Supplemental Authority for its opposition to Soilworks, LLC's alternative motion to transfer venue and consolidate. Related document(s) 6 , 12 . (Attachments: # 1 Exhibit A Order Granting in Part and Denying in Part Motion for Partial SJ, # 2 Exhibit B: Order Setting Final Pretrial Conference)(Skeriotis, John) Modified text and links on 8/21/2008 (B, B).
August 20, 2008 Filing 14 Case Management Order/Minutes of Case Management Conference held on 8/15/2008. Case is assigned to the standard track. Parties will exchange pre-discovery disclosures by 9/22/2008. Discovery due by 4/30/2009. Parties to be Joined and Pleading Amendments due by 10/15/2008. Discovery cut-off date for experts is 6/30/2009. Dispositive Motions due by 8/3/2009. Signed by Judge Solomon Oliver, Jr on 8/18/2008. (D,M)
August 12, 2008 Filing 13 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge. filed by Soilworks, LLC. (Ratliff, Elizabeth)
August 7, 2008 Filing 12 Opposition to 6 Motion to Dismiss, or in the Alternative, Motion to Transfer Venue and Consolidate and, in the Alternative, Motion for Additional Time to Conduct Discovery filed by Midwest Industrial Supply, Inc. (Attachments: # 1 Exhibit 1 - Purchase Orders from Soilworks, # 2 Exhibit 2 - Credit Applications and Reports from Soilworks, # 3 Exhibit 3 - Emails, Faxes, and Contact Sheets from Soilworks, # 4 Exhibit 4 - Declaration of Anastasia J. Wade and attached Exhibit) (Skeriotis, John) Modified text on 8/8/2008 (S,He).
August 7, 2008 Order [non-document] denying Defendant's Motion to Continue (Related Doc # 11 ). Soilworks, LLC may participate through local counsel. Court will not require a representative from Soilworks, LLC to appear in person. Judge Solomon Oliver, Jr on 8/7/2008.(D,M)
August 4, 2008 Filing 11 Motion to continue and Excuse Defendant's Attendance at the Case Management Conference filed by Defendant Soilworks, LLC. Related document(s) 8 . (Attachments: # 1 Proposed Order to Continue Case Management Conference)(Dosek, E.)
July 22, 2008 Order [non-document] granting Motion for appearance pro hac vice by attorney E. Scott Dosek for Soilworks, LLC. (Related Doc # 9 ) Approved by Judge Solomon Oliver, Jr.on 7/22/08.(K,K)
July 16, 2008 Filing 10 Declaration of E. Scott Dosek filed by Soilworks, LLC. Related document(s) 9 . (Ratliff, Elizabeth) Modified text on 7/16/2008 (B,B).
July 11, 2008 Filing 9 Unsigned Motion for attorney E. Scott Dosek to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003103404, filed by Defendant Soilworks, LLC. (Attachments: # 1 Declaration of E. Scott Dosek, # 2 Proposed Order)(Ratliff, Elizabeth) Modified text on 7/14/2008 (B,B).
July 11, 2008 Filing 8 Case Management Conference Scheduling Order with case management conference to be held on 8/15/2008 at 01:00 PM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on 7/11/2008. (D,M)
July 11, 2008 Filing 7 Notice of Magistrate Consent form (D,M)
July 3, 2008 Filing 6 Motion to dismiss , or in the Alternative, Motion to Transfer Venue to the U.S. District Court for the District of Arizona and Consolidate and Memorandum in Support filed by Defendant Soilworks, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Ratliff, Elizabeth) Modified text on 7/7/2008 (B,B).
July 3, 2008 Filing 5 Corporate Disclosure Statement by Soilworks, LLC filed by Soilworks, LLC. (Ratliff, Elizabeth)
June 20, 2008 Filing 4 Return of Service Executed upon Soilworks, LLC by Certified Mail on June 13, 2008 filed on behalf of Midwest Industrial Supply, Inc. (Skeriotis, John)
June 6, 2008 Filing 3 Summons and Magistrate Consent Form issued for service upon Soilworks, LLC. (Attachments: # 1 Magistrate Consent Form) (M,TL) (Additional attachment(s) added on 6/6/2008: # 2 Summons) (M,TL).
June 6, 2008 Filing 2 Corporate Disclosure Statement by Midwest Industrial Supply, Inc. filed by Midwest Industrial Supply, Inc.. (Skeriotis, John)
June 6, 2008 Filing 1 Complaint with jury demand against Soilworks, LLC. Filing fee $ 350, receipt number 06470000000003050198, filed by Midwest Industrial Supply, Inc.. (Attachments: # 1 Exhibit 1 - US Trademark Registration for Synthetic Organic Dust Control.pdf, # 2 Civil Cover Sheet, # 3 Summons to Soilworks) (Skeriotis, John)
June 6, 2008 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman Jr. (M,TL)
June 6, 2008 Judge Solomon Oliver, Jr. assigned to case. (M,TL)

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Plaintiff: Midwest Industrial Supply, Inc.
Represented By: John M. Skeriotis
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Defendant: Soilworks, LLC
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