MICROSOFT CORPORATIO v. LAUREL COMPUTER SYST, et al
| MICROSOFT CORPORATION |
| LAUREL COMPUTER SYSTEMS, INC, RAY THOMAS and KEBIN HOLBERT |
| 2:2004cv01188 |
| August 10, 2004 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| None |
Docket Report
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This docket was last retrieved on June 10, 2005. A more recent docket listing may be available from PACER.
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ORDER upon motion granting [22-1] stipulation for Dismissal with prejudice with each party to bear its own costs and attorneys' fees. This Court shall retain jurisdiction to enforce the Permanent Injunction and the Settlement Agreement and Release between Microsoft Corporation and defts. ( signed by Judge David S. Cercone on 6/10/05 ) CM all parties of record. (ksa)
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| Filing 22 Stipulation by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT for Dismissal with prejudice with proposed order. (ksa) |
| Filing 21 Stipulation by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT for Permanent Injunction with proposed order. (aen) |
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ORDER upon motion granting [21-1] stipulation for Permanent Injunction and the Defts are Permanently enjoined and restrained and more fully explained on this order. ( signed by Judge David S. Cercone on 5/18/05 CM all parties of record. (aen)
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| Case closed (aen) |
| Stipulated permanent injunction received. (ksa) |
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Filing 20
STIPULATED PROTECTIVE ORDER ( signed by Judge David S. Cercone on 2/8/05 ) CM all parties of record. (ksa)
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| Stipulated protective order by all parties received. (ksa) |
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Filing 19
CASE MANAGEMENT ORDER setting Joining of parties amending of pleadings by 8/30/05 ; Fact and expert Discovery cutoff on 9/30/05 ; Pretrial Statements for Plaintiffs due 10/31/05 ; Pretrial Statements for Defendants due 11/30/05 ; Pretrial Stipulation due 12/12/05 ; All dispositive motions shall be filed on or before 1/12/06. ( signed by Judge David S. Cercone on 2/1/05 ) CM all parties of record. (ksa)
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| Filing 18 Case Management Conference held 1/27/05 before Judge David S. Cercone [ Reporter: none ]. Court met with counsel to explore avenues for expeditious resolution of case. Counsel agreed to engage in initial discovery and explore possibility of early conciliation. CMO - Jury trial - to be issued with discovery through 9/30/05. Counsel to notify if/when conciliation becomes a viable option. (ksa) |
| Filing 17 JOINT PROPOSED DISCOVERY PLAN pursuant to Rule 26(f) by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT (ksa) |
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Filing 16
ORDER, set Case Management Conference for 11:00 1/27/05 before the Honorable David Stewart Cercone in Courtroom No. 12, 10th Floor, USPO & Courthouse, Pittsburgh, PA. ( signed by Judge David S. Cercone on 12/22/04 ) CM all parties of record. (ksa)
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| Filing 15 ANSWER by LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT to second amended complaint with affirmative defenses. (ksa) |
| Filing 14 SECOND AMENDED COMPLAINT by MICROSOFT CORPORATIO (Answer due 12/22/04 for KEBIN HOLBERT, for RAY THOMAS, for LAUREL COMPUTER SYST ) amending [9-1] amended complaint by MICROSOFT CORPORATIO (ksa) |
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ORDER upon motion granting [13-1] stipulation Withdrawing [10-1] motion to Dismiss by KEBIN HOLBERT, RAY THOMAS, LAUREL COMPUTER SYST granting [13-2] stipulation to Amend [9-1] amended complaint to withdraw Count V (Constructive Trust) and demands a constructive trust in the prayer for relief and withdraws Count VI (Accounting) with prejudice by MICROSOFT CORPORATIO ( signed by Judge David S. Cercone on 11/30/04 ) CM all parties of record. (ksa)
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| Filing 13 Stipulation by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT Withdrawing [10-1] motion to Dismiss by KEBIN HOLBERT, RAY THOMAS, LAUREL COMPUTER SYST , and to Amend [9-1] amended complaint to withdraw Count V (Constructive Trust) and demands a constructive trust in the prayer for relief and withdraws Count VI (Accounting) with prejudice by MICROSOFT CORPORATIO with proposed order. (ksa) |
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Filing 12
ORDER, Response to Motion set to 11/22/04 for [10-1] motion to Dismiss , and Brief in Opposition set to 11/22/04 for [10-1] motion to Dismiss ( signed by Judge David S. Cercone on 11/8/04 ) CM all parties of record. (ksa)
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| Filing 11 Memorandum of law in support of [10-1] motion to Dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure by KEBIN HOLBERT, RAY THOMAS, LAUREL COMPUTER SYST (ksa) |
| Filing 10 MOTION by LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT to Dismiss with Proposed Order. (ksa) |
| Filing 9 FIRST AMENDED COMPLAINT by MICROSOFT CORPORATIO (Answer due 11/3/04 for KEBIN HOLBERT, for RAY THOMAS, for LAUREL COMPUTER SYST ) amending [1-1] complaint (ksa) |
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ORDER upon motion granting [8-1] motion for Kenneth J. Lund, Charles M. Tea III, and David Schramm to Withdraw as Attorney. ( signed by Judge David S. Cercone on 10/7/04 ) CM all parties of record. (ksa)
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| Filing 8 MOTION by LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT for Kenneth J. Lund, Charles M. Tea III, and David Schramm to Withdraw as Attorney with Proposed Order. (ksa) |
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ORDER upon stipulation granting [6-1] stipulation for Extension of Time for defts to file their response to pltf's complaint; reset Answer deadline to 10/25/04 for LAUREL COMPUTER SYSTEMS, for RAY THOMAS, for KEBIN HOLBERT . ( signed by Judge David S. Cercone on 10/5/04 ) CM all parties of record. (tt)
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| Filing 7 Entry of Attorney Appearance for LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT by Richard A. Kraemer, Theodore J. Kobus III, Christian D. Marquis (ksa) |
| Filing 6 Stipulation by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT for Extension of Time to file their response to pltf's complaint with proposed order. (ksa) |
| Filing 5 DISCLOSURE statement by LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT (ksa) |
| Filing 4 Stipulation by MICROSOFT CORPORATIO, LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT for leave of defts to answer complaint . (ksa) |
| Deadline updated; reset Answer deadline to 10/4/04 for KEBIN HOLBERT, for RAY THOMAS, for LAUREL COMPUTER SYST (ksa) |
| Filing 3 RETURN OF SERVICE executed as to LAUREL COMPUTER SYST, RAY THOMAS, KEBIN HOLBERT 8/16/04 Answer due on 9/7/04. (ksa) |
| Filing 2 DISCLOSURE statement by MICROSOFT CORPORATIO (ksa) |
| Filing 1 COMPLAINT with summons issued Filing Fee $ 150.00 Receipt # 04-5600 (ksa) |
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