National Steel Car Limited v. Greenbrier-Concarril LLC et al
| National Steel Car Limited |
| The Greenbrier Companies, Inc., Greenbrier Leasing Company, LLC and Greenbrier-Concarril LLC |
| 3:2020cv01275 |
| August 3, 2020 |
| US District Court for the District of Oregon |
| Youlee Yim You |
| Patent |
| 35 U.S.C. § 271 |
| Both |
Docket Report
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This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.
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Filing 121
ORDER: Joint Stipulation and Motion to Amend Scheduling Order #120 is granted. Deadline to serve Final Infringement and Invalidity Contentions is June 25, 2021. As stipulated, the deadline for NSC to respond to Greenbrier's interrogatory numbers 3 & 4 and for Greenbrier to respond to NSC interrogatory numbers 4, 7, 8 & 9, is moved to July 16, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 120
Joint Motion for Extension of Discovery & PTO Deadlines Joint Stipulation and Motion to Amend Scheduling Order. Filed by All Defendants. (Brunette, Nathan)
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Filing 119
Notice of Law Firm Name Change Filed by National Steel Car Limited. (Clarke, John)
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Filing 118
ORDER: Joint Stipulation to Substitute Defendants #117 is granted. As agreed by the parties, Defendant The Greenbrier Companies, Inc. is hereby substituted by Greenbrier-Concarril LLC and Greenbrier Leasing Company, LLC. Defendant, The Greenbrier Companies, Inc. is dismissed without prejudice. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 117
Stipulated Motion to Substitute a Party (Defendants). Filed by National Steel Car Limited. (Eckert, C.)
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Filing 116
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Markman hearing held on 3/23/21 before Judge Youlee Yim You,. (Humiston, Kellie)
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Filing 115
ORDER: Joint Stipulation and Motion to Amend Scheduling Order #114 is granted. Deadline to add parties is May 12, 2021. Deadline to serve Final Infringement and Invalidity Contentions is May 28, 2021. Deadline to amend pleadings is June 25, 2021. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 114
Joint Motion for Extension of Time for Scheduling Order Deadlines. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 113
MINUTES of Proceedings: Continuation of Markman Hearing held on 3/23/2021 by video. Oral argument presented and evidence received. C. Marie Eckert, Craig D. Leavell, and Daniel A. Valenzuela present as counsel for plaintiff. Brian T. Apel, Marc S. Cooperman, Audra C. Eidem Heinze, Steven T. Lovett, Kevin Maughan, and J. Pieter van Es present as counsel for defendant. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh)
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Filing 112
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Markman held on 3/15/2021 before Judge Youlee Yim You,. (Humiston, Kellie)
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Filing 111
MINUTES of Proceedings: Markman Hearing held on 3/15/2021 by video. Witness, Dick Dawson, sworn and evidence adduced. ORDER - Continuing the Markman Hearing to Tuesday, 3/23/2021 at 8:00am (PDT) by video before Magistrate Judge Youlee Yim You. Information related to this hearing will be forwarded to counsel in separate correspondence. C. Marie Eckert, Craig D. Leavell, and Daniel A. Valenzuela present as counsel for plaintiff. Brian T. Apel, Marc S. Cooperman, Audra C. Eidem Heinze, Steven T. Lovett, Kevin Maughan, and J. Pieter van Es present as counsel for defendant. Court Reporter: Kellie Humiston. Magistrate Judge Youlee Yim You presiding. (pvh)
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Filing 110
Amended Scheduling Order: The start time for the 3/15/2021 Markman hearing is reset from 1:00PM to 09:00AM by video before Magistrate Judge Youlee Yim You. Information related to this hearing will be forwarded to counsel in separate correspondence. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 109
Declaration of Brian Apel in Support of The Greenbrier Companies, Inc.'s Sur-Reply Claim Construction Brief. Filed by All Defendants. (Related document(s): Brief #108 .) (Lovett, Steven)
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Filing 108
Brief Defendant The Greenbrier Companies, Inc.'s Sur-Reply Claim Construction Brief (Filed Under Seal). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by All Defendants. (Lovett, Steven)
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Filing 107
Notice of Correction by Clerk regarding Exhibits 40-42 #104 . A Clerical error has been discovered in the case record: This is a duplicate entry. The following corrections were made to the record: The entry is sealed based upon it being a duplicate entry on the docket sheet. (joha)
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Filing 106
Exhibits 41-42. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 105
Declaration of Daniel Valenzuela ISO Claim Construction Reply Brief. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 104
Sealed per Notice of Correction 107 . Exhibits 40-42. Filed by National Steel Car Limited. (Eckert, C.) Modified to seal document on 12/15/2020 (joha).
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Filing 103
Exhibits 38-40. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 102
Exhibits 37. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 101
Exhibits 23-36. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 100
Exhibit 22. Filed by National Steel Car Limited. (Eckert, C.) Corrected Docket Text on 12/15/2020 (joha).
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Filing 99
Brief Claim Construction Reply Brief. Filed by National Steel Car Limited. (Eckert, C.)
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Filing 98
Declaration of Richard W. Dawson, P.E. in Support of The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief (Filed Under Seal). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by The Greenbrier Companies, Inc.. (Related document(s): Brief, #93 .) (Lovett, Steven)
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Filing 97
Declaration of Gregory Saxton in Support of The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by The Greenbrier Companies, Inc.. (Related document(s): Brief, #93 .) (Lovett, Steven)
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Filing 96
Declaration of Brian Apel in Support of The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief - Part 3 of 3 (with Exhibits 11-18). Filed by The Greenbrier Companies, Inc.. (Related document(s): Brief, #93 .) (Lovett, Steven)
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Filing 95
Declaration of Brian Apel in Support of The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief - Part 2 of 3 (with Exhibits 5 and 7 Under Seal). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by The Greenbrier Companies, Inc.. (Related document(s): Brief, #93 .) (Lovett, Steven)
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Filing 94
Declaration of Brian Apel in Support of The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief - Part 1 of 3 (with Exhibits 1-4, 6, 8-10). Filed by The Greenbrier Companies, Inc.. (Related document(s): Brief, #93 .) (Lovett, Steven)
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Filing 93
Brief Defendant The Greenbrier Companies, Inc.'s Responsive Claim Construction Brief (Filed Under Seal). (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by The Greenbrier Companies, Inc.. (Lovett, Steven)
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Filing 92
Opening Claim Construction Brief. Filed by All Plaintiffs. (Attachments: #1 Exhibits 1-21) (Eckert, C.) Corrected Docket Text on 10/14/2020 (joha).
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Filing 91
STIPULATED PROTECTIVE ORDER. Signed on 10/05/2020 by Magistrate Judge Youlee Yim You. (pvh)
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Filing 90
Stipulated Motion for Protective Order . Filed by The Greenbrier Companies, Inc.. (Apel, Brian)
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Filing 89
SCHEDULING ORDER: Plaintiff shall file Opening claim construction brief by October 13, 2020; Defendant shall file Responsive claim construction brief, including any argument that any claim term is indefinite, by November 12, 2020; Plaintiff shall file Reply claim construction brief by December 14, 2020; Defendant shall file Surreply claim construction brief by January 14, 2021. Markman hearing is scheduled for March 15, 2021. Fact Discovery opens and deadline to serve Initial Disclosures per Rule 26(a) is March 16, 2021. Deadline to add parties is April 12, 2021. Deadline to serve Final Infringement and Invalidity Contentions is April 30, 2021. Deadline to amend pleadings is May 27, 2021. A motion to amend is not required unless the amendment adds patents or claims. Fact Discovery shall be completed by October 12, 2021. Opening Expert Reports are due October 25, 2021, and Rebuttal Expert Reports are due November 22, 2021. Expert discovery shall be completed by December 17, 2021. Deadline to meet and confer to discuss narrowing the number of claims asserted and prior art references at issue is December 29, 2021. The parties shall file a report with the court within 5 business days regarding the results of the meet and confer. Dispositive motion deadline and Daubert motion deadline is January 12, 2022. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 88
SCHEDULING ORDER: SETTING a Markman hearing for Monday, March 15, 2021, at 1:00 pm before Magistrate Judge Youlee Yim You. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 87
Proposed Joint Case Management Schedule . Filed by National Steel Car Limited. (Eckert, C.)
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Filing 86
Answer to Counter Claims . Filed by National Steel Car Limited. (Eckert, C.) Modified Docket Text on 9/8/2020 (joha).
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Filing 85
Full Consent by all Parties to Jurisdiction by US Magistrate Judge. (rs)
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Filing 84
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 83
Individual Party Consent to Jurisdiction by U.S. Magistrate Judge.
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Filing 82
MINUTES of Proceedings: Telephonic conference held on 8/20/2020. Parties will submit proposed scheduling dates to the court, as discussed on the record. Consents, if any, are due 9/03/2020. A further telephone conference will be scheduled thereafter. C. Marie Eckert, Craig D. Leavell, Daniel A. Valenzuela, and Mark C. Nelson present as counsel for plaintiff. Steven T. Lovett, Audra C. Eidem Heinze, J. Pieter van Es, Marc S. Cooperman, and Nathan C. Brunette present as counsel for defendant. Court Reporter: None. Magistrate Judge Youlee Yim You presiding. (pvh)
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Filing 81
OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Sealed Motion Hearing for date of 7/23/2020 before Judge Alan D. Albright from the USDC, Western District of Texas, NOTE: THIS DOCUMENT HAS BEEN FILED UNDER SEAL pursuant to Order 80 . (sss)
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Filing 80
ORDER: Defendant's Unopposed Motion to Maintain July 23, 2020 Hearing Transcript Under Seal #79 is granted. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 79
Unopposed Motion TO MAINTAIN JULY 23, 2020 HEARING TRANSCRIPT UNDER SEAL. Filed by The Greenbrier Companies, Inc.. (Attachments: #1 Exhibit 1 -- Proposed Redacted Transcript) (Brunette, Nathan)
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Filing 78
Answer to #1 Complaint, with Jury Demand. Filer is subject to the requirements of Fed. R. Civ. P. 7.1 Affirmative Defenses, and, Counterclaim Declaratory Judgment Counterclaims for Patent Non-Infringement and Invalidity National Steel Car Limited. Filed by The Greenbrier Companies, Inc.. (Attachments: #1 Exhibit 1 - GCI Preliminary Invalidity Contentions Excerpt) (Lovett, Steven)
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Filing 77
Notice of Association of Attorney John Clarke,John Clarke,John Clarke for National Steel Car Limited. Filed by National Steel Car Limited. (Clarke, John)
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Filing 76
ORDER: Defendant's Unopposed Motion to Remove Certain Counsel for Defendant #70 is granted. Attorneys J. Stephen Ravel, John R. Johnson,Sven Stricker, and Kelly Hart & Hallman LLP will be termed from the case. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 75
ORDER: Granting Daniel Valenzuela's Motion for Leave to Appear Pro Hac Vice #72 for Plaintiff National Steel Car Limited. Agency Tracking ID: AORDC-7106601. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 74
ORDER: Granting Mark Nelson's Motion for Leave to Appear Pro Hac Vice #71 for Plaintiff National Steel Car Limited. Agency Tracking ID: AORDC-7106606. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 73
ORDER: Granting Craig Leavell's Motion for Leave to Appear Pro Hac Vice #69 for Plaintiff National Steel Car Limited. Agency Tracking ID: AORDC-7106574. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 72
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel A. Valenzuela. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106601. Filed by National Steel Car Limited. (Valenzuela, Daniel)
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Filing 71
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark C. Nelson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106606. Filed by National Steel Car Limited. (Nelson, Mark)
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Filing 70
Unopposed Motion to Remove Certain Counsel for Defendant. Filed by The Greenbrier Companies, Inc.. (Lovett, Steven)
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Filing 69
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Craig D. Leavell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106574. Filed by National Steel Car Limited. (Leavell, Craig)
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Filing 68
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #62 for Marc S. Cooperman for Defendant The Greenbrier Companies, Inc.; Agency Tracking ID: AORDC-7096926. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 67
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #61 for J. Pieter van Es for Defendant The Greenbrier Companies, Inc.; Agency Tracking ID: AORDC-7096856. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel A. Valenzuela. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106601 #72 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Mark C. Nelson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106606 #71 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Craig D. Leavell. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7106574 #69 : Reviewed and Ready for Ruling. (ecp)
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Filing 66
ORDER: Granting Brian T. Apel's Motion for Leave to Appear Pro Hac Vice #64 for Defendant The Greenbrier Companies, Inc.. Agency Tracking ID: AORDC-7097171. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 65
ORDER: Granting Audra C. Eidem Heinze's Motion for Leave to Appear Pro Hac Vice #63 for Defendant The Greenbrier Companies, Inc.. Agency Tracking ID: AORDC-7097123. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 64
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian T. Apel. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7097171. Filed by The Greenbrier Companies, Inc.. (Apel, Brian)
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Filing 63
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Audra C. Eidem Heinze. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7097123. Filed by The Greenbrier Companies, Inc.. (Eidem Heinze, Audra)
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Filing 62
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marc S. Cooperman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7096926. Filed by The Greenbrier Companies, Inc.. (Cooperman, Marc)
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Filing 61
Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Pieter van Es. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7096856. Filed by The Greenbrier Companies, Inc.. (van Es, J.)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney J. Pieter van Es. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7096856 #61 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Audra C. Eidem Heinze. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7097123 #63 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marc S. Cooperman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7096926 #62 : Reviewed and Ready for Ruling. (ecp)
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Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Brian T. Apel. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-7097171 #64 : Reviewed and Ready for Ruling. (ecp)
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Filing 60
ORDER: Defendant's Unopposed Motion for Extension of Time to Answer #59 is granted. Answer or other responsive pleading is due by 8/17/2020. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 59
Unopposed Motion to Set Answer Deadline. Filed by The Greenbrier Companies, Inc.. (Brunette, Nathan)
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Filing 58
Scheduling Order: SETTING a Telephonic Rule 16 Conference for Thursday, 8/20/2020 at 09:30AM before Magistrate Judge Youlee Yim You. Local Rules 16-2 and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. Ordered by Magistrate Judge Youlee Yim You. (pvh)
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Filing 57
NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Western District of Texas. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. Related Document Case Transferred In - District Transfer #55 . (eo)
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Filing 56
Notice of Case Assignment: This case is assigned to Magistrate Judge Youlee Yim You. (eo)
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Filing 55
Case transferred in from District of Texas Western; Case Number 6:19-cv-00721. Electronic file received.
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Filing 54
ORDER GRANTING DEFENDANTS MOTION TO TRANSFER re #18 MOTION to Dismiss or Transfer Venue filed by The Greenbrier Companies, Inc.. Based on the foregoing, the Court finds that NSC has not met its burden of proving that venue is proper within the Western District of Texas. Therefore, it is ORDERED that GCIs Motion is GRANTED and this case, in the interest of justice, be TRANSFERRED to the District of Oregon. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Case transferred to District of Oregon. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 53
Minute Entry for proceedings held before Judge Alan D Albright: Motion Hearing held on 7/23/2020 re #18 MOTION to Dismiss or Transfer Venue filed by The Greenbrier Companies, Inc. Case called for a motion hearing held by zoom. At issues is Doc #18 Motion for Change of Venue. The Court heard argument from both sides. The Court took the matter under advisement and will be issuing an Order no later than the end of next week. (Minute entry documents are not available electronically.) (Court Reporter Kristie Davis.)(am) [Transferred from Texas Western on 8/3/2020.]
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Filing 52
ORDER RESETTING MOTION HEARING - BY ZOOM. Motion Hearing set for 7/23/2020 10:30 AM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 51
RESPONSE to Plaintiff's Submission of Supplemental Evidence to #47 Supplement, by The Greenbrier Companies, Inc.. (Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 50
Declaration of Rick Turner in Support of Defendants Motion to Dismiss or Transfer Improper Venue (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14) (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 49
Declaration of Nathan C. Brunette in Support of Defendant's Motion to Dismiss or Transfer for Improper Venue (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 48
SUPPLEMENTAL BRIEF OF DEFENDANT THE GREENBRIER COMPANIES, INC. IN SUPPORT OF MOTION TO TRANSFER OR, IN THE ALTERNATIVE, DISMISS. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 47
SUPPLEMENT to #44 Response in Opposition to Motion,,,,, Submission of Supplemental Evidence in Opposition to Motion to Transfer, or in the Alternative, Dismiss by National Steel Car Limited. (Attachments: #1 Exhibit 62, #2 Exhibit 63)(Valenzuela, Daniel) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #46 Motion for Leave to File Sealed Document entered by Judge Alan D Albright. Before the Court is The Greenbrier Companies, Inc.'s ("GCI") Unopposed Motion to File Certain Documents Under Seal. The Court GRANTS the motion. The Clerk's Office is directed to file the following documents under seal: (1) GCI's Supplemental Brief of Defendant The Greenbrier Companies, Inc. in Support of Motion to Transfer or, in the Alternative, Dismiss; (2) Declaration of Nathan C. Brunette in Support of Defendant's Motion to Dismiss or Transfer for Improper Venue and Exhibits 1-5 attached thereto; and (3) Declaration of Rick Turner in Support of Defendants Motion to Dismiss or Transfer for Improper Venue and Exhibits 1-14 attached thereto. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 46
Unopposed Motion for leave to File Sealed Document (Attachments: #1 Sealed Document Supplemental Brief of Defendant in Support of Motion to Dismiss or, in the alternative, Transfer, #2 Sealed Document Declaration of Nathan Brunette, #3 Sealed Document Exhibit 1, #4 Sealed Document Exhibit 2, #5 Sealed Document Exhibit 3, #6 Sealed Document Exhibit 4, #7 Sealed Document Exhibit 5, #8 Sealed Document Declaration of Rick Turner, #9 Sealed Document Exhibit 1, #10 Sealed Document Exhibit 2, #11 Sealed Document Exhibit 3, #12 Sealed Document Exhibit 4, #13 Sealed Document Exhibit 5, #14 Sealed Document Exhibit 6, #15 Sealed Document Exhibit 7, #16 Sealed Document Exhibit 8, #17 Sealed Document Exhibit 9, #18 Sealed Document Exhibit 10, #19 Sealed Document Exhibit 11, #20 Sealed Document Exhibit 12, #21 Sealed Document Exhibit 13, #22 Sealed Document Exhibit 14, #23 Proposed Order) (Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 45
Supplemental Brief in Opposition to The Greenbrier Companies, Inc.'s Motion to Dismiss or Transfer Venue filed by National Steel Car Limited (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41) (am) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #43 Motion for Leave to File Sealed Document entered by Judge Alan D Albright. Before the Court is National Steel Car Limited's Unopposed Motion for Leave to File Under Seal its Supplemental Brief in Opposition to The Greenbrier Companies, Inc.'s Motion to Dismiss or Transfer Venue and certain Exhibits thereto. The Court GRANTS the motion. The Clerk's Office is directed to file NSC's Supplemental Brief in Opposition to the Motion to Transfer and any Exhibits thereto under seal. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 44
Response in Opposition to Motion, filed by National Steel Car Limited, re #18 MOTION to Dismiss or Transfer Venue filed by Defendant The Greenbrier Companies, Inc. (Attachments: #1 Exhibit List, #2 Declaration, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41, #44 Exhibit 42, #45 Exhibit 43, #46 Exhibit 44, #47 Exhibit 45, #48 Exhibit 46, #49 Exhibit 47, #50 Exhibit 48, #51 Exhibit 49, #52 Exhibit 50, #53 Exhibit 51, #54 Exhibit 52, #55 Exhibit 53, #56 Exhibit 54, #57 Exhibit 55, #58 Exhibit 56, #59 Exhibit 57, #60 Exhibit 58, #61 Exhibit 59, #62 Exhibit 60, #63 Exhibit 61)(Valenzuela, Daniel) [Transferred from Texas Western on 8/3/2020.]
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Filing 43
Unopposed Motion for leave to File Sealed Document (Attachments: #1 Proposed Order, #2 Sealed Document Supplemental Brief in Opposition to Motion to Dismiss or Transfer Venue, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40, #43 Exhibit 41) (Valenzuela, Daniel) [Transferred from Texas Western on 8/3/2020.]
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Filing 42
ORDER RESETTING MOTION HEARING, Motion Hearing set for 7/23/2020 01:30 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 41
ORDER SETTING TELEPHONIC MOTION HEARING, Telephone Conference set for 6/29/2020 01:00 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #40 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 40
MOTION to Appear Pro Hac Vice by J. Stephen Ravel on behalf of Nathan C. Brunette ( Filing fee $ 100 receipt number 0542-13555893) by on behalf of The Greenbrier Companies, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 39
NOTICE of Attorney Appearance by Audra C. Eidem Heinze on behalf of The Greenbrier Companies, Inc.. Attorney Audra C. Eidem Heinze added to party The Greenbrier Companies, Inc.(pty:dft) (Eidem Heinze, Audra) [Transferred from Texas Western on 8/3/2020.]
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Filing 38
NOTICE of Attorney Appearance by Brian T. Apel on behalf of The Greenbrier Companies, Inc.. Attorney Brian T. Apel added to party The Greenbrier Companies, Inc.(pty:dft) (Apel, Brian) [Transferred from Texas Western on 8/3/2020.]
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Filing 37
NOTICE of Attorney Appearance by Daniel A. Valenzuela on behalf of National Steel Car Limited. Attorney Daniel A. Valenzuela added to party National Steel Car Limited(pty:pla) (Valenzuela, Daniel) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #35 Motion to Withdraw as Attorney. entered by Judge Alan D Albright. Before the court is Plaintiff National Steel Car Limiteds Motion to Withdraw Faegre Drinker Biddle & Reath LLP and attorneys Wayne B. Mason and Lauren M.W. Steinhaeuser as Counsel. The Court GRANTS the motion. The Clerk's Office is directed to remove Faegre Drinker Biddle & Reath LLP, Wayne B. Mason, and Lauren M.W. Steinhaeuser as counsel of record for Plaintiff National Steel Car Limited in the above-captioned case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 35
MOTION to Withdraw as Attorney (Faegre Drinker Biddle & Reath LLP, Wayne B. Mason, and Lauren M.W. Steinhaeuser) by National Steel Car Limited. (Attachments: #1 Proposed Order)(Steinhaeuser, Lauren) [Transferred from Texas Western on 8/3/2020.]
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Filing 34
NOTICE of Attorney Appearance by Mark C. Nelson on behalf of National Steel Car Limited. Attorney Mark C. Nelson added to party National Steel Car Limited(pty:pla) (Nelson, Mark) [Transferred from Texas Western on 8/3/2020.]
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Filing 33
NOTICE of Change of Address by Craig D. Leavell (Leavell, Craig) [Transferred from Texas Western on 8/3/2020.]
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Filing 32
PROTECTIVE ORDER, granting #31 Joint MOTION for Entry of Confidentiality and Protective Order filed by National Steel Car Limited. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 8/3/2020.]
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Filing 31
Joint MOTION for Entry of Confidentiality and Protective Order by National Steel Car Limited. (Leavell, Craig) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #30 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 30
MOTION to Appear Pro Hac Vice by J. Stephen Ravel on Behalf of Steven T. Lovett ( Filing fee $ 100 receipt number 0542-13450630) by on behalf of The Greenbrier Companies, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 29
SCHEDULING ORDER: Markman Hearing set for 10/9/2020 01:30 PM in Austin before Judge Alan D Albright, Joinder of Parties due by 11/20/2020, Amended Pleadings due by 1/1/2021, Dispositive/Daubert Motions due by 7/16/2021, Pretrial Conference estimated for 9/20/2021 before Judge Alan D Albright, Jury Selection and Trial estimated for 10/8/2021 before Judge Alan D Albright. Signed by Judge Alan D Albright. (lad) [Transferred from Texas Western on 8/3/2020.]
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Reset Hearings: Markman Hearing set for 10/9/2020 01:30 PM in Austin before Judge Alan D Albright. Time was originally set incorrectly on Scheduling order. (lad) [Transferred from Texas Western on 8/3/2020.]
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Filing 28
Proposed Scheduling Order by National Steel Car Limited. (Leavell, Craig) [Transferred from Texas Western on 8/3/2020.]
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Filing 27
Transcript filed of Proceedings held on 3-26-2020, Proceedings Transcribed: Telephonic Scheduling Conference. Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 4/22/2020, Redacted Transcript Deadline set for 5/4/2020, Release of Transcript Restriction set for 6/30/2020, (kd) [Transferred from Texas Western on 8/3/2020.]
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Filing 26
ORDER SETTING MARKMAN HEARING, Markman Hearing set for 10/9/2020 01:30 PM in Courtroom 5, on the Sixth Floor, United States Courthouse, 501 West Fifth Street, Austin, TX, before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 25
Minute Entry for proceedings held before Judge Alan D Albright: Case called for Telephonic Scheduling Conference. Parties have some issues regarding Markman Hearing date. The defendant is requesting additional time as they are interested in having the case transferred to Oregon. Depending on the Court's ruling on the motion, the Court may agree to 5 - 6 week delay. Plaintiff states that if the motion to transfer is not denied then the plaintiff would like some discovery. As soon as the motion is ripe the court will either set a hearing or issue an Order. Third party discovery was discussed between parties and the Court. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(am) [Transferred from Texas Western on 8/3/2020.]
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Filing 24
STANDING ORDER from U.S. District Judge Alan D. Albright regarding scheduled civil hearings. (tada) [Transferred from Texas Western on 8/3/2020.]
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Filing 23
REPLY to Response to Motion, filed by The Greenbrier Companies, Inc., re #18 MOTION to Dismiss or Transfer Venue filed by Defendant The Greenbrier Companies, Inc. (Attachments: #1 Affidavit Declaration of Rick Turner, #2 Affidavit Supplemental Declaration of Justin Roberts, #3 Exhibit A)(Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 22
Response in Opposition to Motion, filed by National Steel Car Limited, re #18 MOTION to Dismiss or Transfer Venue filed by Defendant The Greenbrier Companies, Inc. (Attachments: #1 Appendix Plaintiff's Exhibit List, #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, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit AB, #30 Exhibit AC)(Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 21
RULE 7 DISCLOSURE STATEMENT filed by The Greenbrier Companies, Inc.. (Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 20
NOTICE of Readiness by National Steel Car Limited (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 19
ORDER GOVERNING PROCEEDINGS PATENT CASE, Telephone Conference set for 3/26/2020 03:15 PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 18
MOTION to Dismiss or Transfer Venue by The Greenbrier Companies, Inc.. (Attachments: #1 Affidavit Declaration of Justin Roberts, #2 Affidavit Declaration of Rick Turner, #3 Affidavit Declaration of Oren Posner, #4 Proposed Order)(Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 17
Pro Hac Vice Letter to Keertan Chauhan. (lad) [Transferred from Texas Western on 8/3/2020.]
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Filing 16
NOTICE of Filing Firm Name Change and Email Contact Change by National Steel Car Limited (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 15
NOTICE of Change of Address by Craig D. Leavell (Leavell, Craig) [Transferred from Texas Western on 8/3/2020.]
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Filing 14
SUMMONS Returned Executed by National Steel Car Limited. The Greenbrier Companies, Inc. served on 12/23/2019, answer due 2/28/2020. (Leavell, Craig) [Transferred from Texas Western on 8/3/2020.]
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Reset Deadlines: The Greenbrier Companies, Inc. answer due 2/28/2020. (am) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #13 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Defendants' Motion. Noting that it is unopposed, the Court GRANTS the Motion. Defendants shall have up to and including February 28, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 13
Unopposed MOTION for Extension of Time to File Answer Defedant's Unopposed Motion for Extension of Time to File a Response to Plaintiff's Complaint by The Greenbrier Companies, Inc.. (Attachments: #1 Proposed Order)(Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Filing 12
NOTICE of Attorney Appearance by J. Stephen Ravel on behalf of The Greenbrier Companies, Inc.. Attorney J. Stephen Ravel added to party The Greenbrier Companies, Inc.(pty:dft) (Ravel, J.) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #11 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 11
MOTION to Appear Pro Hac Vice by Wayne Brian Mason ( Filing fee $ 100 receipt number 0542-13068458) by on behalf of National Steel Car Limited. (Attachments: #1 Proposed Order Proposed Order Granting PHV of L Steinhaeuser)(Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #10 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Came on for consideration is Parties' Agreed Motion to extend the time for Defendant to Answer. The Court GRANTS the Motion. Defendant shall have up to and including January 28, 2020 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Reset Deadlines: The Greenbrier Companies, Inc. answer due 1/28/2020. (am) [Transferred from Texas Western on 8/3/2020.]
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Filing 10
Agreed MOTION for Extension of Time to File Answer or Otherwise Respond to Plaintiff's Complaint by National Steel Car Limited. (Attachments: #1 Proposed Order Proposed Order Granting Agreed Motion)(Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Text Order GRANTING #9 Motion to Appear Pro Hac Vice. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jy) [Transferred from Texas Western on 8/3/2020.]
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Filing 9
MOTION to Appear Pro Hac Vice by Wayne Brian Mason ( Filing fee $ 100 receipt number 0542-13020659) by on behalf of National Steel Car Limited. (Attachments: #1 Exhibit Certificate of Admission to Bar of Illinois, #2 Proposed Order Proposed Order on Pro Hac Vice)(Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 8
Summons Issued as to The Greenbrier Companies, Inc.. (bw) [Transferred from Texas Western on 8/3/2020.]
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Filing 7
CORRECTED REQUEST FOR ISSUANCE OF SUMMONS by National Steel Car Limited. (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 6
Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 5
Pursuant to the Standing Order Regarding Patent Trademark Cases effective 12/9/19, Attorneys filing Patent/Trademark cases in TXWD Waco division must prepare the attached form AO120 and e-file upon opening of the case. Please e-file AO 120 Form using the event Notice of Filing Patent/Trademark Form (AO 120) which is located under the "Notices" menu for attorney. (Attachments: #1 AO120) (bw) [Transferred from Texas Western on 8/3/2020.]
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS by National Steel Car Limited. (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 3
NOTICE of Report on Filing or Determination of Action Re Patent or Trademark by National Steel Car Limited (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 2
NOTICE of Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 by National Steel Car Limited (Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Filing 1
COMPLAINT For Patent Infringement ( Filing fee $ 400 receipt number 0542-13006730), filed by National Steel Car Limited. (Attachments: #1 Exhibit Ex A- US Patent (10-14-08), #2 Exhibit Ex B- US Patent (2-1-11), #3 Exhibit Ex C- 519 Patent, #4 Exhibit Ex D- 125 Patent, #5 Civil Cover Sheet Civil Case Filing Sheet)(Mason, Wayne) [Transferred from Texas Western on 8/3/2020.]
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Case assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw) [Transferred from Texas Western on 8/3/2020.]
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