CNG Financial Corporation v. Google Inc Featured Case

Plaintiff CNG Financial Corporation sued Defendant Google, Inc. over Google\'s practice of allowing third parties to purchase online advertisements that appear when a user searches for \"Check \'N Go\" on Google\'s website. Plaintiff owns the service mark \"Check \'N Go.\"

Plaintiff: CNG Financial Corporation
Defendant: Google Inc
Counter Claimant: Google Inc
Counter Defendant: CNG Financial Corporation
Case Number: 1:2006cv00040
Filed: January 24, 2006
Court: Ohio Southern District Court
Office: Cincinnati Office
County: WARREN
Presiding Judge: Sandra S Beckwith
Referring Judge: Timothy S. Black
Nature of Suit: Trademark
Cause of Action: 15:1114 Trademark Infringement
Jury Demanded By: None

Docket Report

This docket was last retrieved on August 19, 2010. A more recent docket listing may be available from PACER.

Date Filed#Document Text
September 7, 2007 86 STIPULATION of Dismissal with Prejudice by Plaintiff CNG Financial Corporation and Defendant Google Inc. (Hunter, Barry) Modified docket text on 9/7/2007 (scot1, ).
August 24, 2007 85 Featured Case ORDER denying 69 Motion to Exclude; denying 71 Motion to Exclude. Signed by Judge Sandra S Beckwith on 8/24/07. (mb, )
August 24, 2007 Minute Entry: Final pretrial conference held before Judge Sandra S Beckwith. Case settled. Entry to be filed no later than 9/10/07. (Court Reporter Jenny Coats (Ace Merit).) (mb, )
August 16, 2007 NOTICE by clerk: Due to a hearing on a motion for permanent injunction scheduled to begin on 8/24/07 in another action, the final pretrial/settlement conference in this action is RESCHEDULED from 10:00 AM to Noon on 8/24/07. (mb, )
August 13, 2007 Filing fee: $ 200.00, receipt number 435199 re 78 MOTION for Leave to Appear Pro Hac Vice of Rebekah G. Ballard (eh1, ) Modified to create link on 8/13/2007 (eh1, ).
August 13, 2007 83 Exhibit List/Supplement re 81 Witness List by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation.. (Hunter, Barry) Modified docket text on 8/20/2007 (eh1, ).
August 10, 2007 82 Witness List by Counter Claimant Google Inc, Defendant Google Inc. (Hamm, Klaus)
August 10, 2007 81 Exhibit List by Counter Claimant Google Inc, Defendant Google Inc.. (Hamm, Klaus)
August 10, 2007 80 Witness List by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 CNG Financial Corporation's Deposition Designations# 2 CNG Financial Corporation's Exhibit List) (Hunter, Barry)
August 10, 2007 79 Featured Case ORDER granting 78 Motion granting atty. Rebekah Ballard Leave to Appear Pro Hac Vice as co-counsel for plaintiff. Signed by Judge Sandra S Beckwith on 8/10/07. (mb, )
August 9, 2007 78 MOTION for Leave to Appear Pro Hac Vice of Rebekah G. Ballard. Filing fee $ 200. by Plaintiff CNG Financial Corporation. (Schoen, Ann) Additional attachment # 1 Filing Fee Receipt added on 8/13/2007 (eh1, ).
July 27, 2007 77 Featured Case STIPULATION & ORDER: Google need not file a response to the motion in limine - a deadline will be set by the court at the final pretrial conference set for 8/24/07. Signed by Judge Sandra S Beckwith on 7/27/07. (mb, )
July 20, 2007 76 RESPONSE in Opposition re 71 MOTION to Exclude Testimony of Plaintiff's Expert Stephen Schaller filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Hunter, Barry)
July 20, 2007 Notice of Correction re [FORMER DOC. 75] Response in Opposition to Motion: Attorney had errors in PDF and asked Clerk to remove document so that it could be refiled with corrected file. (scot1, )
July 20, 2007 75 [FORMER DOC. #75] RESPONSE in Opposition re 71 MOTION to Exclude Testimony of Plaintiff's Expert Stephen Schaller filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Hunter, Barry) Modified to remove PDF on 7/20/2007 (scot1, ).
July 20, 2007 74 RESPONSE in Opposition re 69 MOTION to Exclude Testimony of Plaintiff's Expert Michael Mazis filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Affidavit /Declaration of Hunter in support of CNG Opposition to Motion# 2 Exhibit Exhibit A to Attachment# 3 Exhibit Exhibit B to Attachment to Opposition# 4 Exhibit Exhibit C to Attachment to Opposition# 5 Exhibit Exhibit D to Attachment to Opposition# 6 Exhibit Exhibit D - Part B to Attachment to Opposition# 7 Exhibit Exhibit E to Attachment to Opposition to Motion to Exclude) (Hunter, Barry)
July 13, 2007 72 AFFIDAVIT/Declaration of Klaus H. Hamm in Support of 71 MOTION to Exclude Testimony of Plaintiff's Expert Stephen Schaller by Defendant. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D) (Hamm, Klaus) Modified on 7/16/2007 - To modify docket text (tt1, ).
July 13, 2007 71 MOTION to Exclude Testimony of Plaintiff's Expert Stephen Schaller by Defendant. (Hamm, Klaus) Modified on 7/16/2007 - To modify docket text (tt1, ).
July 13, 2007 70 AFFIDAVIT/Declaration of Klaus H. Hamm in Support of 69 MOTION to Exclude Testimony of Plaintiff's Expert Michael Mazis by Defendant. (Attachments: # 1 Exhibit A# 2 Exhibit B-1# 3 Exhibit B-2# 4 Exhibit B-3# 5 Exhibit B-4# 6 Exhibit B-5# 7 Exhibit C) (Hamm, Klaus) Modified on 7/16/2007 - To modify docket text (tt1, ).
July 13, 2007 69 MOTION to Exclude Testimony of Plaintiff's Expert Michael Mazis by Defendant. (Hamm, Klaus) Modified on 7/16/2007 - To modify docket text (tt1, ).
July 13, 2007 68 NOTICE by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation of Manual Filing of Plaintiff's Motion in Limine (FILED manually UNDER SEAL). (Schoen, Ann) Modified on 7/16/2007 (mb, ).
July 10, 2007 67 Featured Case ORDER granting 63 Defendant's Motion for Leave to File Addt'l Authority in support of its motion for summary judgment. Signed by Judge Sandra S Beckwith on 7/10/07. (mb, )
July 10, 2007 66 Featured Case STIPULATION & ORDER WITHDRAWING all jury demands. Signed by Judge Sandra S Beckwith on 7/10/07. (mb, ) Modified on 7/17/2007 (mb, ).
July 6, 2007 65 STIPULATION AND [PROPOSED] ORDER WITHDRAWING JURY DEMAND by Defendant. (Hamm, Klaus) Modified on 7/9/2007 - To modify docket text (tt1, ).
July 3, 2007 64 RESPONSE OPPOSING 63 MOTION for Leave to File Additional Authority In Support of Motion for Summary Judgment filed by Plaintiff. (Hunter, Barry) Modified on 7/5/2007 - To modify docket text (tt1, ).
July 2, 2007 63 MOTION for Leave to File Additional Authority In Support of Its Motion for Summary Judgment by Defendant. (Hamm, Klaus) Modified on 7/2/2007 (tt1, ).
May 25, 2007 62 REPLY to Response to Motion re 58 MOTION to Strike Evidence Submitted by CNG In Opposition to Google's Motion for Summary Judgment filed by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: # 1 Exhibit A) (Hamm, Klaus)
May 18, 2007 61 Sealed Document/Exhibit A Schaller Deposition (Part I) submitted manually to the Court in Support of 60 Response in Opposition to Motion to Strike. (Attachments: # 1 Exhibit A Schaller Deposition (Part II) # 2 Exhibit A Schaller Deposition (Part III) # 3 Depo Exhibits (Part I) # 4 Depo Exhibits (Part II) # 5 Depo Exhibits (Part III) # 6 Depo Exhibits (Part IV) # 7 Depo Exhibits (Part V)) (tt1, ) Modified on 5/21/2007 - To reflect original documents are in the office vault (tt1, ).
May 18, 2007 60 RESPONSE OPPOSING 58 MOTION to Strike Evidence Submitted In Opposition to Google's Motion for Summary Judgment filed by Plaintiff. (Schoen, Ann) Modified on 5/19/2007 - To modify docket text (tt1, ).
May 4, 2007 59 REPLY to Response to 53 Motion for Summary Judgment Defendant/ Counter Claimant. (Hamm, Klaus) Modified on 5/7/2007 - To create correct hyperlink and modify docket text (tt1, ).
May 4, 2007 58 MOTION to Strike Evidence Submitted by CNG In Opposition to Motion for Summary Judgment Defendant/Counter Claimant. (Hamm, Klaus) Modified on 5/7/2007 - To modify docket text (tt1, ).
April 23, 2007 56 NOTICE by Plaintiff of Manual Filing of Document Under Seal Pursuant to Protective Order (Schoen, Ann) Modified on 4/24/2007 - To modify docket text (tt1, ).
April 19, 2007 Notice of Correction re: Letter. Docketed in wrong case. Clerk removed document, refer to document number 1:06-cv-140 for correct entry. (sfe1, )
April 18, 2007 (Previously Document Number 56) Letter from the Supreme Court of the United States - The petition for a writ of certiorari in the above entitled case was filed on February 20, 2007 and placed on the docket April 3, 2007 as No. 06-10391. (sfe1, ) Modified on 4/19/2007 - Docketed in wrong case. Disregard docket entry. (sfe1, ).
April 17, 2007 55 Featured Case ORDER granting 54 Motion for Extension of Time until 4/23/07 for the filing of plaintiff's memo in opposition to defendant's Rule 56 motion. The page limit for the memo shall be extended to 35 pages. Signed by Judge Sandra S Beckwith on 4/17/07. (mb) Modified on 4/18/2007 - To correct extension ddl (tt1, ).
April 12, 2007 54 STIPULATED MOTION for Extension of Time. New date requested 4/23/2007. and for leave to exceed page limit by the parties. (Attachments: # 1 Text of Proposed Order Agreed Order)(Hunter, Barry) Modified on 4/13/2007 - To modify docket text (tt1, ).
March 30, 2007 52 NOTICE by Defendant Google Inc OF Submitting MANUALLY UNDER SEAL to the Court it's MOTION FOR SUMMARY JUDGMENT, MEMORANDUM IN SUPPORT THEREOF WITH DECLARATION OF KLAUS H. HAMM AS EXHIBIT 1 (Seibel, Kenneth) Modified on 4/2/2007 - To modify docket text (tt1, ).
March 28, 2007 51 RESPONSE in Opposition re 50 MOTION for Leave to File Excess Pages filed by Plaintiff. (Hunter, Barry) Modified on 3/29/2007 - To modify docket text (tt1, ).
March 28, 2007 Featured Case NOTATION ORDER granting 50 Google's Motion for Leave to File Motion for Summary Judgment in Excess of 20 pages. Signed by Judge Sandra S Beckwith on 3/28/07. (mb)
March 27, 2007 50 MOTION for Leave to File Excess Pages by Defendant. (Attachments: # 1 Proposed Order)(Hamm, Klaus) Modified on 3/29/2007 - To modify docket text (tt1, ).
February 26, 2007 49 Featured Case ORDER granting 46 Motion for Extension of dispositive motion deadline to 3/30/07. Signed by Judge Timothy S. Black on 2/26/07. (jl, )
February 26, 2007 48 Featured Case ORDER granting 47 Motion to Withdraw Doc. 38 MOTION to Compel The Production of Documents . Signed by Judge Timothy S. Black on 2/26/07. (jl, )
February 24, 2007 47 Unopposed MOTION to Withdraw 38 MOTION to Compel The Production of Documents by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth)
February 22, 2007 46 STIPULATED MOTION for Extension of Summary Judgment Deadline. New date requested 3/30/2007. (Attachments: # 1 Text of Proposed Order)(Hunter, Barry) Modified on 2/22/2007 - To modify docket text (tt1, ).
January 25, 2007 45 Featured Case AGREED ORDER: The discovery deadline is EXTENDED to 3/2/07. Signed by Judge Sandra S Beckwith on 1/25/07. (mb, )
January 25, 2007 44 Featured Case ORDER granting 43 Motion for Extension of Time to Complete Discovery through and including 3/2/07. Signed by Judge Timothy S. Black on 1/25/07. (jl, )
January 24, 2007 43 JOINT MOTION for Extension of Time to Complete Discovery. New date requested 3/2/2007 the parties. (Attachments: # 1 Text of Proposed Order)(Hunter, Barry) Modified docket text to change date per attorney's request on 1/24/2007 (eh, ). Modified on 1/25/2007 - To modify docket text (tt1, ).
January 19, 2007 42 RESPONSE in Support re 38 MOTION to Compel The Production of Documents filed by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth)
January 8, 2007 41 RESPONSE to Motion re 38 MOTION to Compel The Production of Documents filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit A - CNG's website home page# 2 Exhibit B - sample search page generated by a Google search# 3 Exhibit C - CNG's Financial Corporation's Response to the Motion by Google to Compel the Production of Documents# 4 Declaration of Barry D. Hunter in Support of CNG Financial Corporation's Response to the Motion by Google to Compel the Production of Documents# 5 December 1, 2006 correspondence from Barry D. Hunter to Eugene M. Paige, Esq.)(Hunter, Barry)
December 15, 2006 40 Sealed Document/Memorandum in Support of Motion to Compel 38 . (Attachments: # 1 Declaration and Exhibits A - D # 2 Exhibits E - O)(tt, ) Modified on 12/18/2006 (tt1, ).
December 15, 2006 39 NOTICE by Counter Claimant Google Inc, Defendant Google Inc OF MEMORANDUM IN SUPPORT OF MOTION TO COMPEL THE PRODUCTION OF DOCUMENTS (FILED MANUALLY UNDER SEAL) (Seibel, Kenneth)
December 15, 2006 38 MOTION to Compel The Production of Documents by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth)
November 21, 2006 37 Featured Case ORDER finding as moot 33 Motion for Leave to File, finding as moot 27 Motion for Leave to File, finding as moot 29 Motion for Leave to File . Signed by Judge Timothy S. Black on 11/21/06. (jl, )
November 21, 2006 36 Featured Case ORDER granting 34 Motion for Extension of Time expert disclosures and reporting deadline is extended to 12/15/06; rebuttal expert disclosure and reporting deadline is extended to 2/15/07. Signed by Judge Timothy S. Black on 11/21/06. (jl, )
November 21, 2006 35 Featured Case ORDER denying 24 Motion for Judgment on the Pleadings. Signed by Judge Sandra S Beckwith on 11/21/06. (mb, )
November 15, 2006 34 Joint MOTION for Extension of Time New date requested 2/15/2007. Joint Motion of Plaintiff and Defendant to Extend Expert Disclosures by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Text of Proposed Order)(Hunter, Barry) Modified on 11/16/2006 - to modify text. (sfe1, ).
November 2, 2006 33 MOTION for Leave to File Additional Authority in Support of its Response by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit Buying for the Home, LLC v. Humble Abode, LLC)(Hunter, Barry)
October 30, 2006 32 Featured Case ORDER granting 31 Motion for Extension of Fact Discovery Deadline to 2/28/07. Signed by Judge Timothy S. Black on 10/30/06. (jl, )
October 27, 2006 31 Joint MOTION for Extension of Time to Complete Discovery New date requested 2/28/2007. by Plaintiff CNG Financial Corporation, Counter Claimant Google Inc, Defendant Google Inc, Counter Defendant CNG Financial Corporation. (Seibel, Kenneth)
October 9, 2006 30 RESPONSE UNOPPOSING 29 MOTION for Leave to File Additional Authority in Support of its Motion for Judgment on the Pleadings filed by Plaintiff (Hunter, Barry) Modified on 10/10/2006 - To modify docket text (tt, ).
October 7, 2006 Notice of Correction re: Response in Opposition to Motion previously identified as Document Number 30 ; Clerk removed pdf ; Counsel directed to refile as "Response to Motion" ; Motion is not opposed (tt1, )
October 5, 2006 RESPONSE in Opposition (PREVIOUSLY IDENTIFIED AS DOCUMENT NUMBER 30) re 29 MOTION for Leave to File Additional Authority in Support of its Motion for Judgment on the Pleadings filed by Plaintiff (Hunter, Barry) Modified on 10/7/2006 - Clerk removed pdf ; Counsel directed to refile as "Response to Motion" ; Motion is not opposed (tt1, ).
September 28, 2006 29 MOTION for Leave to File Additional Authority in Support of its Motion for Judgment on the Pleadings by Counter Claimant Google Inc, Defendant Google Inc. (Attachments: # 1 Attachment)(Seibel, Kenneth)
August 11, 2006 28 RESPONSE UNOPPOSING 27 MOTION for Leave to File Additional Authority in Support of its Response to Google's Motion for Judgment on the Pleadings filed by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth) Modified on 8/15/2006 - To edit docket text (tt1, ).
August 10, 2006 27 MOTION for Leave to File Additional Authority in Support of its Response to Google's Motion for Judgment on the Pleadings by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Attachments: # 1 Exhibit 800-JR Cigar, Inc. v. GoTo.com, Inc.)(Hunter, Barry)
July 31, 2006 26 RESPONSE in Support re 24 MOTION for Judgment on the Pleadings on Defendant's Counterclaim filed by Counter Claimant Google Inc, Defendant Google Inc. (Seibel, Kenneth)
July 17, 2006 25 RESPONSE to Motion re 24 MOTION for Judgment on the Pleadings on Defendant's Counterclaim filed by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Hunter, Barry)
June 22, 2006 24 MOTION for Judgment on the Pleadings on Defendant's Counterclaim by Counter Claimant Google Inc, Defendant Google Inc. Responses due by 7/17/2006 (Seibel, Kenneth)
June 8, 2006 23 Featured Case STIPULATED PROTECTIVE ORDER. Signed by Judge Sandra S Beckwith on 6/8/06. (mb)
May 11, 2006 22 Featured Case SCHEDULING ORDER: DDL: 11/30/06; Motions due: 2/28/07; Final Pretrial Conference set for 8/24/2007 at 10:00 AM; Trial set for 9/10/2007 at 01:00 PM. Signed by Judge Sandra S Beckwith on 5/11/06. (mb)
May 10, 2006 21 Featured Case SCHEDULING ORDER: Amended Pleadings due by 7/3/2006. Discovery due by 11/30/2006. Motions due by 2/28/2007. FPT/Tr before Chief Judge Beckwith. Signed by Judge Timothy S. Black on 6/10/06. (jl, )
May 9, 2006 20 RULE 26(f) REPORT Report of Parties' Rule 26(f) Planning Meeting by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Robinson, Ann)
April 12, 2006 19 Reply By CNG to Google's Counterclaim by Plaintiff CNG Financial Corporation, Counter Defendant CNG Financial Corporation. (Robinson, Ann)
March 28, 2006 18 Corporate Disclosure Statement by Google Inc. (Seibel, Kenneth)
March 27, 2006 17 NOTICE of Deadline: Rule 26 Meeting Report due by 5/16/2006. (jl, )
March 24, 2006 16 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against CNG Financial Corporation by Defendant Google Inc, Plaintiff CNG Financial Corporation.(Seibel, Kenneth)
March 3, 2006 15 AFFIDAVIT of Service for Summons and Complaint served on Scott Lascala, Registered Agent for Google Inc on 2/2/2006 filed by Plaintiff (tt, )
February 23, 2006 14 Featured Case ORDER granting 12 & 13 Motions for Leave for attys. Hamm & Page to Appear Pro Hac Vice as co-counsel for deft. Signed by Judge Sandra S Beckwith on 2/23/06. (mb)
February 21, 2006 Filing fee: $ 100, receipt number 429692 received for payment of pro hac vice application fees (Docs 12 & 13) (tt, )
February 21, 2006 13 MOTION for attorney Michael H Page to Appear pro hac vice on behalf of Defendant (Attachments: # 1 Certificate of Good Standing and Receipt)(tt, )
February 21, 2006 12 MOTION for attorney Klaus Hamm to Appear pro hac vice on behalf of Defendant (Attachments: # 1 Certificate of Good Standing and Receipt)(tt, )
February 21, 2006 11 Featured Case ORDER granting 10 Motion for Extension of Time to Answer Google Inc answer due 3/24/2006. . Signed by Judge Timothy S. Black on 2/21/06. (jl, )
February 17, 2006 10 MOTION for Extension of Time to File Answer re 1 Complaint New date requested 3/24/2006. by Defendant Google Inc. (Seibel, Kenneth)
February 8, 2006 9 Featured Case ORDER granting 7 & 8 Motions for Leave for attys. Hunter & Norman to Appear Pro Hac Vice as co-counsel for pltf. Signed by Judge Sandra S Beckwith on 2/8/06. (mb)
February 2, 2006 Filing fee: $ 100, receipt number 429507 received for payment of pro hac vice application fees (Docs 7 & 8) (tt, )
February 2, 2006 8 MOTION for attorney Medrith Lee Norman to Appear pro hac vice on behalf of Plaintiff (Attachments: # 1 Certificate of Good Standing # 2 Receipt)(tt, )
February 2, 2006 7 MOTION for attorney Barry D Hunter to Appear pro hac vice on behalf of Plaintiff (Attachments: # 1 Certificate of Good Standing # 2 Receipt)(tt, )
January 26, 2006 6 Summons Reissued as to Defendant Google Inc. (tt, )
January 25, 2006 5 NOTICE/Report of Filing Trademark Action (tt, )
January 25, 2006 4 Featured Case GENERAL ORDER REFERRING CASE to Magistrate Judge Timothy S. Black signed by Judge Sandra S Beckwith (tt1, )
January 24, 2006 3 Summons Issued as to Google Inc. (tt1, )
January 24, 2006 2 CORPORATE DISCLOSURE STATEMENT by Plaintiff (tt1, )
January 24, 2006 1 COMPLAINT With Jury Demand (Filing fee $ 250.) filed by Plaintiff CNG Financial Corporation against Defendant Google Inc. 48BG (Attachments: # 1 Exhibit A # 2 Civil Cover Sheet # 3 Filing Fee Receipt)(tt1, )
January 24, 2006 Filing fee: $ 250, receipt number 429407 (tt1, )

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Plaintiff: CNG Financial Corporation
Represented By: Ann Gallagher Schoen
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Defendant: Google Inc
Represented By: Kenneth Franklin Seibel
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Counter claimant: Google Inc
Represented By: Kenneth Franklin Seibel
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Counter defendant: CNG Financial Corporation
Represented By: Ann Gallagher Schoen
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