BidZirk LLC et al v. Smith

BidZirk LLC et al v. Smith

Plaintiff BidZirk, LLC, Daniel G. Schmidt, III, and Jill Patterson sued Defendant Philip Russ Smith over a review of BidZirk's auction services that Defendant had posted on his blog at www.jackwhispers.blogspot.com.

Additional Resources

Blogger Wins Lawsuit Over Gripe Post--BidZirk v. Smith . From Professor Eric Goldman's Technology & Marketing Law Blog. October 28, 2007.

Plaintiff:	BidZirk LLC, Daniel G Schmidt, III and Jill Patterson
Defendant:	Phillip J Smith
Counter Defendant:	Kevin Elwell, BidZirk LLC and Daniel G Schmidt, III
Counter Claimant:	Phillip J Smith
Case Number:	6:2006cv00109
Filed:	January 10, 2006
Court:	US District Court for the District of South Carolina
Office:	Greenville Office
County:	Greenville
Presiding Judge:	William M Catoe
Presiding Judge:	Henry M Herlong
Nature of Suit:	Trademark
Cause of Action:	15 U.S.C. § 1125 Trademark Infringement (Lanham Act)
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on May 29, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
February 20, 2008	Filing 146 ***DOCUMENT MAILED 145 Order on Motion for Hearing placed in U.S. Mail to Phillip Smith (awil)
February 19, 2008	Filing 145 ORAL ORDER denying 144 Pro Se Motion for Hearing by Phillip J. Smith. Entered by Honorable Henry M. Herlong, Jr. on February 19, 2008. (bedw)
February 19, 2008	Filing 144 PRO SE MOTION for Hearing by Phillip J Smith. Response to Motion due by 3/10/2008. (Attachments: # 1 Exhibit Internet Pages)No proposed order(awil)
November 15, 2007	Filing 143 REPLY by Phillip J Smith to 139 Order on Motion for Summary Judgment. (Attachments: # 1 Exhibits)(awil)
October 24, 2007	Filing 142 Letter from Kevin Elwell with a copy of the check to the defendant. (awil)
October 22, 2007	Filing 141 ***DOCUMENT MAILED 139 Order on Motion for Summary Judgment, 140 Summary Judgment placed in U.S. Mail to Phillip Smith (awil)
October 22, 2007	Filing 140 SUMMARY JUDGMENT in favor of the defendant. (awil)
October 22, 2007	Filing 139 ORDER granting Smith's Motion for Summary Judgment. It is further ordered that Plaintiff's counsel, Kevin Elwell, is sanctioned in the amount of $1,000.00. Signed by Judge Henry M Herlong Jr on 10/22/07.(awil)
October 22, 2007	Filing 138 ENTRY DELETED re 133 Deficiency Memo. Corrected Filing Document Number: 136 and 137. Modified filing date to that of original filing: 10/15/07. (awil)
October 16, 2007	Filing 133 Deficiency Memo 132 Response to Motion. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 10/17/2007. (awil)
October 15, 2007	Filing 137 Additional Attachments to Main Document 132 Response in Opposition to Motion,,, Deposition Vol. 2 excerpts. (Elwell, Kevin) Modified on 10/22/2007 to change filing date to that of the original filing (awil).
October 15, 2007	Filing 136 Additional Attachments to Main Document 132 Response Deposition Vol 1 excerpts. (Elwell, Kevin) Modified on 10/22/2007 to change filing date to that of the original filing (awil).
October 15, 2007	Filing 132 RESPONSE in Opposition re 124 MOTION for Summary Judgment Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Reply to Response to Motion due by 10/25/2007 (Attachments: # 1 Exhibit PETA v. Doughney# 2 Exhibit www.fixyourthinking.com excerpt# 3 Exhibit Affidavit of Daniel G. Schmidt, III# 4 Exhibit Pinehurst v. Wick# 5 Exhibit Supplement to Appellant's Informal Brief# 6 Exhibit Affidavit of Jill Patterson# 7 Exhibit Defendant Memorandum for Summary Judgement# 8 Exhibit Deposition of Philip Smith, Vol. 1# 9 Exhibit Affidavit of Karen Belanger# 10 Exhibit Affidavit of Jack Marks# 11 Exhibit Deposition of Philip Smith, Vol. 2# 12 Exhibit Gilbert v. Sykes# 13 Exhibit Ford Motor Co. v. 2600 Enters.)(Elwell, Kevin) Modified on 10/22/2007 to remove depositions. Additional attachments filed as entries 136 and 137 on 10/15/07 (awil).
September 27, 2007	Filing 130 Brief regarding sanctions by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Attachments: # 1 Exhibit notice of lis pendens# 2 Exhibit letter brief# 3 Exhibit release of lis pendens# 4 Exhibit Greenville County property record)(Elwell, Kevin) Modified on 10/3/2007 to edit text per chambers (awil).
September 26, 2007	Filing 128 PRO SE Supplement to MOTION for Summary Judgment and MOTION for Sanctions by Phillip J Smith.Response to Motion due by 10/15/2007 (Attachments: # 1 Exhibit Letter of Jack Campbell# 2 Exhibit Letters and Map# 3 Exhibit Appeal Brief# 4 Exhibit Mail Receipt# 5 Exhibit Letter to Judge Catoe# 6 Exhibit Articles and Inventory)No proposed order(awil, )
September 18, 2007	Filing 127 ***DOCUMENT MAILED NEF of 123 Status Conference, placed in U.S. Mail to Phillip J Smith (sfla)
September 17, 2007	Filing 124 ORAL MOTION for Summary Judgment (as noted in open court) by Phillip J Smith. (sfla)
September 17, 2007	Filing 123 Minute Entry. STATUS CONFERENCE held before Judge Henry M Herlong Jr: Within 10 days, plaintiff's counsel shall respond to the Court in writing as to why sanctions should be be imposed in re the filing of a lis pendens against defendant's property; The Court notes the defendant's oral MOTION FOR SUMMARY JUDGMENT for the record; the defendant has 15 days from the date of this hearing to supplement his motion with a memorandum in support and/or any affidavits; discovery dispute rulings as noted on the record; Court Reporter Jean Cole.(sfla)
September 13, 2007	Filing 121 ***DOCUMENT MAILED 120 Notice of Hearing placed in U.S. Mail to Phillip Smith (awil)
September 13, 2007	Filing 120 NOTICE of Hearing:Status Conference set for 9/17/2007 04:00 PM in Greenville #3, Clement F. Haynsworth Fed Bldg, 300 E. Washington, St, Greenville before Honorable Henry M Herlong Jr. (awil)
September 10, 2007	Filing 119 REPLY by Phillip J Smith to 117 Order on Motion for Extension of Time, Order on Motion for Hearing. (Attachments: # 1 Affidavit of defendant# 2 macnn.com article# 3 order #112, filed 8/9/07, page 2 of 3)(jtho, )
August 30, 2007	Filing 118 ***DOCUMENT MAILED 117 Order on Motion for Extension of Time, Order on Motion for Hearing placed in U.S. Mail to Phillip J. Smith. (jtho, )
August 30, 2007	Filing 117 ORDER granting 114 Motion for Extension of Time and giving defendant through 9/10/07 to respond as directed; denying 114 Motion for Hearing. Signed by Judge William M Catoe on 8/30/07.(ladd, )
August 29, 2007	Filing 115 RESPONSE in Opposition re 114 MOTION for Extension of TimeMOTION for hearing Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Reply to Response to Motion due by 9/10/2007 (Elwell, Kevin)
August 29, 2007	Filing 114 MOTION for Extension of Time re 112 Order on Motion to Compel ; motion for hearing by Phillip J Smith.Response to Motion due by 9/17/2007 No proposed orderMotions referred to William M Catoe.(jtho, )
August 10, 2007	Filing 113 ***DOCUMENT MAILED 112 Order on Motion to Compel placed in U.S. Mail to Phillip J. Smith. (jtho, )
August 9, 2007	Filing 112 ORDER granting in part and denying in part 104 Motion to Compel. Signed by Judge William M Catoe on 8/9/07.(ladd, )
June 15, 2007	Filing 108 ORDER adopting Report and Recommendation 98 denying 96 Motion to Dismiss, judgment for slander of title, and plea acceptance. Signed by Judge Henry M Herlong Jr on 6/15/07.(jtho, )
June 15, 2007	***DOCUMENT MAILED 108 Order on Motion to Dismiss placed in U.S. Mail to Phillip J. Smith. (jtho, )
June 5, 2007	DOCKET ANNOTATION - NO Correction by attorney Kevin Elwell required. For all future filings please describe attachemnts - do not use "Exhibit", "Exhibit 1", "Exhibit A". (jtho, )
June 4, 2007	Filing 104 MOTION to Compel by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 6/22/2007 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin)
May 31, 2007	***DOCUMENT MAILED 101 Order Ruling on Report and Recommendations placed in U.S. Mail to Phillip J. Smith. (jtho, )
May 30, 2007	Filing 101 ORDER RULING ON REPORT AND RECOMMENDATIONS. Plaintiffs motion for summary judgment (Document Number 72)is denied. Signed by Judge Henry M Herlong Jr on 5/30/07. (pbog)
May 21, 2007	Filing 99 AMENDED SCHEDULING ORDER. Discovery motions due by 6/15/2007, Dispositive motions due by 7/13/2007, Pretrial order to be submitted by 9/21/2007, Pretrial conference will be held week of 10/1/07, Motions in limine due by 10/22/2007, Pretrial briefs due by 10/29/2007, Jury selection deadline 11/6/2007. Signed by Judge William M Catoe on 5/21/07. (ladd, )
May 21, 2007	Filing 98 ORDER granting in part and denying in part 93 Motion to Amend Scheduling Order; denying 96 Motion for Extension of Time; denying 96 Motion for Sanctions; denying 96 Motion to Amend Answer; and REPORT AND RECOMMENDATION recommending 96 Motion to Dismiss be denied. Signed by Judge William M Catoe on 5/21/07.(ladd, ) Additional attachment(s) added on 5/21/2007 (jtho, ). Modified on 5/21/2007 (jtho, )added Objection Notice.
May 21, 2007	***DOCUMENT MAILED 99 Scheduling Order, 98 Order on Motion to Amend/Correct, Order on Motion for Extension of Time, Order on Motion for Sanctions, Order on Motion for Miscellaneous Relief placed in U.S. Mail to Phillip J. Smith. (jtho, )
May 11, 2007	Filing 96 MOTION to Dismiss, MOTION for Extension of Time, MOTION for Sanctions, MOTION for Judgment for slander of title, plea acceptance by Phillip J Smith.Response to Motion due by 6/1/2007 (Attachments: # 1 Information from defendant's website# 2 Information from BidZirk's website)No proposed orderMotions referred to William M Catoe.(jtho, )
May 11, 2007	Filing 95 RESPONSE in Opposition re 93 MOTION to Amend/Correct 20 Scheduling Order filed by Phillip J Smith.Reply to Response to Motion due by 5/21/2007 (Attachments: # 1 Information from defendant's website# 2 Information from BidZirk website)(jtho, )
May 9, 2007	***DOCUMENT MAILED 92 REPORT AND RECOMMENDATIONS re 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill PattersonREPORT AND RECOMMENDATIONS re 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson placed in U.S. Mail to Phillip J. Smith. (jtho, )
May 9, 2007	ENTRY 90 DELETED re 91 Deficiency Memo. Corrected Filing Document Number: 93. Modified filing date to that of original filing: 5/7/07. Response due date modified to that of original filing: 5/25/07. (jtho, )
May 9, 2007	DOCKET ANNOTATION - NO Correction by attorney Kevin Elwell required. Proposed Amended Scheduling Order deleted from entry 93 Motion to Amend Scheduling Order. Do not file proposed orders unless requested by judge. (jtho, )
May 8, 2007	Filing 92 REPORT AND RECOMMENDATION recommending 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson be denied. Objections to R&R due by 5/29/2007. Signed by Judge William M Catoe on 5/8/07. (Attachments: #(1) Objection notice)(ladd, )
May 8, 2007	Filing 91 Deficiency Memo regarding entry 90 Motion Submission of Proposed Scheduling Order: See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 5/9/2007. (jtho, )
May 7, 2007	Filing 93 MOTION to Amend/Correct 20 Scheduling Order,, by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 5/25/2007.Proposed order is being emailed to chambers with copy to opposing counselMotions referred to William M Catoe.(Elwell, Kevin) Modified on 5/9/2007 (jtho, )changed filing date from 5/9/07 to 5/7/07; changed response date from 5/29/07 to 5/25/07; proposed order deleted.
May 7, 2007	Filing 89 ORDER granting 66 Motion to Strike and ordering plaintiffs to withdraw lis pendens; denying 66 Motion for abuse of discovery. Signed by Judge William M Catoe on 5/7/07.(ladd, )
May 7, 2007	***DOCUMENT MAILED 89 Order on Motion to Strike, Order on Motion for Miscellaneous Relief placed in U.S. Mail to Phillip J. Smith. (jtho, )
May 2, 2007	Filing 88 Minute Entry. Proceedings held before Judge William M Catoe : Status Conference held on 5/2/2007. Plaintiff to e-mail admissions to defendant within 24 hours. Defendant to answer admissions within 3 days. Proposed scheduling order to be submitted to chambers, if no response or objection by defendant within 10 days, proposed order will be accepted. Counsel to provide chambers with case law that allows him to file a lis pendens without a judgment. Both parties to play by the rules throughout discovery. Court Reporter Jean Cole. (sjam, )
May 2, 2007	Filing 87 ORDER finding as moot 66 Motion for Extension of Time to File Response/Reply ; finding as moot 66 Motion for Extension of Time; granting 66 Motion for Hearing. Signed by Judge William M Catoe on 5/2/07.(ladd, )
May 2, 2007	***DOCUMENT MAILED 87 Order on Motion for Extension of Time to File Response/Reply,, Order on Motion for Hearing placed in U.S. Mail to Phillip J. Smith. (jtho, )
April 30, 2007	Filing 86 REPLY to Response to Motion re 72 MOTION for Summary Judgment Response filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Elwell, Kevin)
April 18, 2007	Filing 84 RESPONSE in Opposition re 72 MOTION for Summary Judgment. Response filed by Phillip J Smith.Reply to Response to Motion due by 4/30/2007 (jtho, )
April 16, 2007	Filing 83 NOTICE of Hearing:Status Conference set for 5/2/2007 10:00 AM in Greenville #4, Clement F. Haynsworth Fed Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. Parties to appear, NOT a telephone conference.(kric, )
April 16, 2007	***DOCUMENT MAILED 83 Notice of Hearing placed in U.S. Mail to Phillip J. Smith (kric, )
April 2, 2007	Filing 81 ORDER giving the defendant through 4/26/07 to respond to 72 MOTION for Summary Judgment filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Signed by Judge William M Catoe on 4/2/07. (ladd, )
April 2, 2007	***DOCUMENT MAILED 81 Order placed in U.S. Mail to Phillip J. Smith. (jtho, )
March 30, 2007	Filing 79 USCA MANDATE and JUDGMENT affirming the judgment of the district court as to 35 Notice of Appeal, filed by BidZirk LLC. (Attachments: # 1 Judgment)(awil)
March 6, 2007	Filing 78 USCA OPINION for 35 Notice of Appeal, filed by BidZirk LLC. (Attachments: # 1 Judgment)(awil)
February 23, 2007	Filing 77 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs' motion for judgment on the pleadings, docket number 33, is denied. Defendant's motion to dismiss, docket number 44, is denied.Signed by Judge Henry M Herlong Jr on 2/23/07. (pbog)
February 23, 2007	***DOCUMENT MAILED 77 Order Adopting Report and Recommendations placed in U.S. Mail to Phillip J. Smith. (jtho, )
February 9, 2007	Filing 75 OBJECTION to 74 Report and Recommendations by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. (Elwell, Kevin)
January 29, 2007	Filing 74 ORDER AND REPORT AND RECOMMENDATION recommending 33 MOTION for Judgment on the Pleadings be denied; recommending 44 MOTION to Dismiss be denied; finding moot 45 MOTION to Amend 1 Complaint; denying 50 Amended MOTION to Strike; granting 55 Amended MOTION to Amend; denying 57 MOTION for Hearing; and granting 62 MOTION to Amend 20 Scheduling Order. Objections to R&R due by 2/16/2007. Signed by Judge William M Catoe on 1/29/07. (ladd, ) Additional attachment(s) added on 1/29/2007 (jtho, ). Modified on 1/29/2007 (jtho, )added objection notice.
January 29, 2007	DOCKET ANNOTATION - NO Correction by attorney required. Notice of Right to File Objections to Report and Recommendation added to entry 74. (jtho, )
January 29, 2007	***DOCUMENT MAILED 74 REPORT AND RECOMMENDATIONS re 44 MOTION to Dismiss filed by Phillip J Smith, 45 MOTION to Amend/Correct 1 Complaint filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, 55 Amended MOTION to Amend/Correct 45 MOTION to Amend/Correct 1 REPORT AND RECOMMENDATIONS re 44 MOTION to Dismiss filed by Phillip J Smith, 45 MOTION to Amend/Correct 1 Complaint filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, 55 Amended MOTION to Amend/Correct 45 MOTION to Amend/Correct 1 REPORT AND RECOMMENDATIONS re 44 MOTION to Dismiss filed by Phillip J Smith, 45 MOTION to Amend/Correct 1 Complaint filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, 55 Amended MOTION to Amend/Correct 45 MOTION to Amend/Correct 1 placed in U.S. Mail to Phillip J. Smith. (jtho, )
January 16, 2007	Filing 73 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 72 MOTION for Summary Judgment by 2/22/2007. Signed by Judge William M Catoe on 1/16/07. (jtho, )
January 16, 2007	ENTRY 73 DELETED and added to entry 72. Corrected Filing Document Number: 72 Modified filing date to that of original filing: 1/15/07. Response due date modified to that of original filing: 2/7/07. (jtho, )
January 16, 2007	DOCKET ANNOTATION - NO Correction by attorney Elwell required. For all future filings, please file Memorandum in Support as an attatchment to the motion. (jtho, )
January 16, 2007	***DOCUMENT MAILED 73 Roseboro Order, placed in U.S. Mail to Phillip J. Smith. (jtho, )
January 15, 2007	Filing 72 MOTION for Summary Judgment by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.Response to Motion due by 2/2/2007 (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin) Additional attachment(s) added on 1/16/2007 (jtho, ). Modified on 1/16/2007 (jtho, )add memo in support which was entry 73.
December 12, 2006	Filing 71 AMENDED ORDER granting 67 MOTION to Compel and denying 67 Motion for Sanctions. Signed by Judge William M Catoe on 12/12/06. (ladd, )
December 12, 2006	Filing 70 ORDER granting 67 Motion to Compel and denying 67 Motion for Sanctions. Signed by Judge William M Catoe on 12/12/06.(ladd, )
December 12, 2006	***DOCUMENT MAILED 70 Order on Motion to Compel, 71 Order placed in U.S. Mail to Philip Smith. (jtho, )
November 8, 2006	***DOCUMENT MAILED 68 Order Adopting Report and Recommendations, placed in U.S. Mail to Phillip J Smith (sjam, )
November 7, 2006	Filing 68 ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiffs' motions to dismiss Defendant's counterclaims for lack of jurisdiction (document number 41) and for judgment on the pleadings (document number 46) are granted. The parties' remaining motions related to the appeal will be held in abeyance pending the United States Court of Appeals for the Fourth Circuit's ruling on the Plaintiffs' appeal.Signed by Judge Henry M Herlong Jr on 11/07/06. (pbog)
November 3, 2006	Filing 67 MOTION to Compel Attendance at Deposition and for Sanctions by BidZirk LLC.Response to Motion due by 11/24/2006 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)No proposed orderMotions referred to William M Catoe.(Elwell, Kevin)
October 26, 2006	Filing 66 MOTION to Strike; MOTION for "abuse of discovery"/"abuse of deposition"; to refile with attorney; MOTION for Extension of Time to File Response/Reply to Report and Recommendation; MOTION for Extension of Time for Case and Trial; MOTION for Status Hearing by Phillip J Smith.Response to Motion due by 11/16/2006 No proposed orderMotions referred to William M Catoe.(jtho, )
October 24, 2006	Filing 65 NOTICE to Take Deposition of Philip J. Smith by BidZirk LLC.(Elwell, Kevin)
October 23, 2006	Filing 64 NOTICE to Take Deposition of Philip J. Smith by BidZirk LLC.(Elwell, Kevin)
October 17, 2006	Filing 63 REPORT AND RECOMMENDATION recommending 41 MOTION to Dismiss for Lack of Jurisdiction filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, and 46 Second MOTION for Judgment on the Pleadings filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson be granted. Objections to R&R due by 11/3/2006. Signed by Judge William M Catoe on 10/17/06. (ladd, ) Additional attachment(s) added on 10/17/2006 (jtho, ). Modified on 10/17/2006 (jtho, )added Objection Notice.
October 17, 2006	***DOCUMENT MAILED 63 REPORT AND RECOMMENDATIONS, including Objections Notice, re 41 MOTION to Dismiss for Lack of Jurisdiction filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, 46 Second MOTION for Judgment on the Pleadings filed by BidZirk LLC, Daniel G Schmidt, III, Jill PattersonREPORT AND RECOMMENDATIONS re 41 MOTION to Dismiss for Lack of Jurisdiction filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson, 46 Second MOTION for Judgment on the Pleadings filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson placed in U.S. Mail to Phillip J. Smith. (jtho, )
August 1, 2006	ENTRY DELETED #58,59,60,61 Certificates of Service that did not need to be filed. No response by attorney due. (kric, )
July 28, 2006	Filing 62 MOTION to Amend/Correct 20 Scheduling Order,, Motion to Revise Scheduling Order by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 8/15/2006 No proposed order(Elwell, Kevin)
July 6, 2006	Filing 57 MOTION for Hearing by Phillip J Smith. Response to Motion due by 7/24/2006 No proposed order(jtho, )
July 6, 2006	Filing 56 REPLY to all amended motions and proceedings filed by Plaintiff attorney (Elwell)by Phillip J Smith. (jtho, )
June 28, 2006	Filing 55 Amended MOTION to Amend/Correct 45 MOTION to Amend/Correct 1 Complaint by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/17/2006 (Attachments: # 1 Exhibit # 2 Exhibit)No proposed order(Elwell, Kevin)
June 21, 2006	Filing 54 AFFIDAVIT in Support of Phillip Smith. (pbri, )
June 21, 2006	Filing 53 AFFIDAVIT in Support of Phillip Smith. (pbri, )
June 21, 2006	Filing 52 AFFIDAVIT in Support of Philip Smith. (pbri, )
June 21, 2006	Filing 51 REPLY by Phillip J Smith to 47 Roseboro Order. (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)(pbri, )
June 14, 2006	Filing 50 Amended MOTION to Strike 44 MOTION to Dismiss by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/3/2006 No proposed order(Elwell, Kevin)
June 13, 2006	Filing 49 MOTION to Strike 44 MOTION to Dismiss by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 7/3/2006 No proposed order(Elwell, Kevin)
June 13, 2006	***DOCUMENT MAILED 47 Roseboro Order, placed in U.S. Mail to Phillip J. Smith at 601 Cleveland Street, Apt 5C, Greenville, SC 29601. (jtho, )
June 12, 2006	Filing 48 Mail Returned as Undeliverable. Addressee: Phillip J. Smith. Document Returned: 47 Roseboro Order. Document remailed to 600 Cleveland Street, Apt 5C, Greenville, SC 29601. (jtho, )
June 6, 2006	Filing 47 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 46 Second MOTION for Judgment on the Pleadings by 7/10/2006. Signed by Judge William M Catoe on 6/6/06. (jtho, )
June 5, 2006	Filing 46 Second MOTION for Judgment on the Pleadings by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/23/2006 No proposed order(Elwell, Kevin)
June 5, 2006	Filing 45 MOTION to Amend/Correct 1 Complaint by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/23/2006 (Attachments: # 1 Exhibit # 2 Exhibit)No proposed order(Elwell, Kevin)
May 17, 2006	Filing 44 MOTION to Dismiss by Phillip J Smith. Response to Motion due by 6/5/2006 (Attachments: # 1 Statement by defendant)No proposed order(jtho, )
May 17, 2006	Filing 43 SUPPLEMENT by Phillip J Smith to 39 Counterclaim. (jtho, )
May 17, 2006	Filing 42 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 41 MOTION to Dismiss for Lack of Jurisdiction by 6/20/2006. Signed by Judge William M Catoe on 5/17/06. (jtho, )
May 17, 2006	Filing 41 MOTION to Dismiss for Lack of Jurisdiction by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 6/5/2006 No proposed order(Elwell, Kevin)
May 17, 2006	***DOCUMENT MAILED 42 Roseboro Order, placed in U.S. Mail to Phillip J. Smith 600 Cleveland Street, Apt 5B, Greenville, SC 29601 AND 600 Cleveland Street, Apt 5C, Greenville, SC 29601. (jtho, )
May 16, 2006	DOCKET ANNOTATION - NO Correction by attorney required. Please do not file proposed orders unless requested by judge. Entry 41, proposed order regarding entry 33, has been deleted. Please email proposed order to judge that will be ruling on the motion. (jtho, )
April 26, 2006	Filing 39 COUNTERCLAIM against Kevin Elwell, BidZirk LLC, Daniel G Schmidt, III, filed by Phillip J Smith.(jtho, )
April 26, 2006	Filing 38 Rule 26(f)Report and 26(a)(1) responses by Phillip J Smith.(jtho, )
April 26, 2006	ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 35 Notice of Appeal, (dnap, )
April 25, 2006	Filing 37 Mail Returned as Undeliverable. Addressee: Phillip J. Smith. Document Returned: 32 Order Adopting Report and Recommendations. (jtho, )
April 24, 2006	Filing 36 Transmittal Sheet for Notice of Appeal to USCA re 35 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (jtho, )
April 21, 2006	Filing 35 NOTICE OF APPEAL re 32 Order Adopting Report and Recommendations - Filing fee $ 455, receipt number 549105. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Elwell, Kevin)
April 21, 2006	Filing 34 ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 33 MOTION for Judgment on the Pleadings by 5/25/2006. Signed by Judge William M Catoe on 4/21/06. (jtho, )
April 21, 2006	Filing 33 MOTION for Judgment on the Pleadings by Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 5/9/2006 No proposed order(Elwell, Kevin)
April 21, 2006	***DOCUMENT MAILED 34 Roseboro Order, placed in U.S. Mail to Phillip J. Smith. (jtho, )
April 11, 2006	***DOCUMENT MAILED 32 Order Adopting Report and Recommendations placed in U.S. Mail to Phillip J. Smith. (jtho, )
April 10, 2006	Filing 32 ORDER ADOPTING REPORT AND RECOMMENDATIONS . Plaintiffs' motion for a preliminary injunction, docket number 6, is denied. Signed by Judge Henry M Herlong Jr on 4/10/06. (pbog)
April 10, 2006	***DOCUMENT MAILED 31 Order on Motion for Extension of Time to Complete Discovery placed in U.S. Mail to Phillip J. Smith. (jtho, )
April 7, 2006	Filing 31 ORDER granting 30 Motion for Extension of Time to Complete Discovery (Rule 26 disclosures) through 4/25/06. Signed by Judge William M Catoe on 4/7/06.(ladd, )There is no document for this entry.
April 6, 2006	Filing 30 PRO SE MOTION for Extension of Time to Complete Discovery (Rule 26 Disclosures) by Phillip J Smith. Response to Motion due by 4/24/2006 No proposed order(sjam, )
April 4, 2006	Filing 29 OBJECTION to 23 Report and Recommendations by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Elwell, Kevin)
April 4, 2006	Filing 27 Local Rule 26.03 Answers to Interrogatories by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(Elwell, Kevin)
April 4, 2006	ENTRY 25 DELETED re 26 Deficiency Memo. Corrected Filing Document Number: 28. Modified filing date to that of original filing: 3/28/06. (jtho, )
March 29, 2006	Filing 26 Deficiency Memo regarding entry 25 Rule 26(f) Report: See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 3/30/2006. (jtho, )
March 28, 2006	Filing 28 Rule 26(f) Report by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(Elwell, Kevin) Modified on 4/4/2006 (jtho, )changed filing date from 4/4/06 to 3/28/06.
March 21, 2006	Filing 24 ORDER finding as moot 7 Motion for Hearing. Hearing held 3/16/06. Signed by Judge William M Catoe on 3/21/06.(ladd, )There is no document for this entry.
March 21, 2006	Filing 23 REPORT AND RECOMMENDATION recommending 6 MOTION for Preliminary Injunction filed by Daniel G Schmidt, III, BidZirk LLC, and Jill Patterson be denied. Objections to R&R due by 4/7/2006. Signed by Judge William M Catoe on 3/21/06. (ladd, )
March 21, 2006	***DOCUMENT MAILED 24 Order on Motion for Hearing, 23 REPORT AND RECOMMENDATIONS re 6 MOTION for Preliminary Injunction filed by Daniel G Schmidt, III, BidZirk LLC,, Jill Patterson, placed in U.S. Mail to Phillip J. Smith. (jtho, )
March 17, 2006	***DOCUMENT MAILED 22 Motion Hearing, placed in U.S. Mail to Phillip J. Smith. (jtho, )
March 16, 2006	Filing 22 Minute Entry for proceedings held before Judge William M Catoe : Motion Hearing held on 3/16/2006 re 6 MOTION for Preliminary Injunction filed by Daniel G Schmidt, III, BidZirk LLC,, Jill Patterson, Defendant agrees to remove all but one logo from internet story within 2 hours. Also, court agrees parties do not have to meet in person for their Rule 26 report. Order on preliminary injunction forthcoming.(Court Reporter Jean Cole.) (sjam, )
March 6, 2006	ENTRY 13 DELETED re 14 Deficiency Memo. Corrected Filing Document Number: 17. Modified filing date to that of original filing: 2/28/06. (jtho, )
March 3, 2006	Filing 21 ORDER directing Clerk to amend record to reflect defendant's correct name as Philip J. Smith. Signed by Judge William M Catoe on 3/3/06. (ladd, )There is no document for this entry
March 3, 2006	Filing 20 SCHEDULING ORDER. Rule 26(f) Conference Deadline 3/23/2006. 26(a) Initial Disclosures due by 4/6/2006. Rule 26 Report due by 4/6/2006. Amended Pleadings due by 5/17/2006. Plaintiffs' ID of Expert Witness due by 6/16/2006. Defendant's ID of Expert Witnesses Due by 7/17/2006. Records Custodian Affidavits due by 7/17/2006. Discovery due by 8/7/2006. Motions due by 8/16/2006. Rule 26(a)(3) Disclosures due by 10/6/2006. Pretrial Briefs due by 10/31/2006. Jury Selection Deadline 11/7/2006. Signed by Judge William M Catoe on 3/3/06. (ladd, )
March 3, 2006	***DOCUMENT MAILED 20 Scheduling Order,,, 21 Order placed in U.S. Mail to Phillip Smith. (jtho, )
March 2, 2006	Filing 19 ANSWER to Complaint by Phillip Russ Smith.(jtho, )
February 28, 2006	Filing 18 NOTICE of Hearing on 6 MOTION for Preliminary Injunction: Motion Hearing set for 3/16/2006 10:00 AM in Greenville #4, Clement F. Haynsworth Fed Bldg, 300 E. Washington St., Greenville before Magistrate Judge William M Catoe. (jtho, )
February 28, 2006	Filing 16 ORDER advising defendant to notify Clerk in writing of any change of address, and attaching privacy notice. Signed by Judge William M Catoe on 2/28/06. (ladd, )
February 28, 2006	Filing 14 Deficiency Memo #13 Motion filed 2/27/06 Wrong event used. Any response due is based on the filing date of the original document. Docket Correction due 3/1/2006. (awil)
February 28, 2006	***DOCUMENT MAILED 15 Order Referring Case to Magistrate Judge(Non-Consent) placed in U.S. Mail to Phillip Smith (awil)
February 28, 2006	***DOCUMENT MAILED 16 Order, 18 Notice of Hearing on Motion placed in U.S. Mail to Phillip Russ Smith. (jtho, )
February 27, 2006	Filing 17 NOTICE of Request for Protection from Court Appearance by Kevin Morgan Elwell March 6-9, March 13-15 (Elwell, Kevin) Modified on 3/6/2006 (jtho, )changed filing date from 2/28/06 to 2/27/06.
February 27, 2006	Filing 15 ORDER REFERRING CASE to Magistrate Judge William M Catoe. Signed by Judge Henry M Herlong Jr on 2/27/06. (awil)
February 27, 2006	Filing 12 Minute Entry for proceedings held before Judge Henry M Herlong Jr: MOTION HEARING held on 2/27/2006 re 9 Amended MOTION for Default Judgment as to Defendant Philip Russ Smith filed by Daniel G Schmidt, III, BidZirk LLC,, Jill Patterson. Defendant appears pro se. The Court will set aside the default and allow the defendant to proceed. This case will be set for a hearing on the motion for preliminary injunction. (Court Reporter Karen Martin) (sfla)
February 17, 2006	Filing 11 NOTICE of Hearing on Motion 9 Amended MOTION for Default Judgment as to Defendant Philip Russ Smith: Motion Hearing set for 2/27/2006 11:30 AM in Greenville #3, Clement F. Haynsworth Fed Bldg, 300 E. Washington, St, Greenville before Honorable Henry M Herlong Jr. (awil)
February 16, 2006	Filing 10 Clerk's ENTRY OF DEFAULT as to Phillip Russ Smith (awil)
February 15, 2006	Filing 9 Amended MOTION for Default Judgment as to Defendant Philip Russ Smith by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/6/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Elwell, Kevin)
February 15, 2006	Filing 8 MOTION for Default Judgment as to Defendant Philip Russ Smith by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/6/2006 Proposed order is being emailed to chambers with copy to opposing counsel(Elwell, Kevin)
February 13, 2006	Filing 7 MOTION for Hearing re 6 MOTION for Preliminary Injunction MOTION FOR EXPEDITED HEARING AND RESPONSE BY DEFENDANT by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/3/2006 No proposed order(Elwell, Kevin)
February 13, 2006	Filing 6 MOTION for Preliminary Injunction by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Response to Motion due by 3/3/2006 (Attachments: # 1 Memo in Support # 2 Exhibit 1# 3 Exhibit 2# 4 Exhibit 3# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7# 9 Exhibit 8# 10 Exhibit 9# 11 Exhibit 10# 12 Exhibit 11# 13 Exhibit 12# 14 Exhibit 13# 15 Exhibit 14# 16 Exhibit 15# 17 Exhibit 16# 18 Exhibit 17# 19 Exhibit 18# 20 Exhibit 19# 21 Exhibit 20# 22 Exhibit 21# 23 Exhibit 22# 24 Exhibit 23# 25 Exhibit 24# 26 Exhibit 25# 27 Exhibit 26# 28 Exhibit 27# 29 Exhibit 28# 30 Exhibit 29# 31 Exhibit 30# 32 Exhibit 31# 33 Exhibit 32# 34 Exhibit 33# 35 Exhibit 34# 36 Exhibit 35# 37 Exhibit 36# 38 Exhibit 37# 39 Exhibit 38# 40 Exhibit 39# 41 Exhibit 40# 42 Exhibit 41)No proposed order(Elwell, Kevin) Modified on 2/14/2006 to edit repeated words (awil).
January 31, 2006	Filing 5 SUMMONS Returned Executed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson. Phillip Russ Smith served on 1/25/2006, answer due 2/14/2006. (Attachments: # 1)(Elwell, Kevin)
January 24, 2006	Filing 4 Summons Issued as to Phillip Russ Smith. (kmca)
January 10, 2006	Filing 3 Local Rule 26.01 Answers to Interrogatories with Jury Demand by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(awil)
January 10, 2006	Filing 1 COMPLAINT against Phillip Russ Smith ( Filing fee $ 250 receipt number 413756.) Service due by 5/10/2006, filed by BidZirk LLC, Daniel G Schmidt, III, Jill Patterson.(awil)

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Search for this case: BidZirk LLC et al v. Smith
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Plaintiff: BidZirk LLC
Represented By:	Kevin Morgan Elwell
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Plaintiff: Daniel G Schmidt, III
Represented By:	Kevin Morgan Elwell
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Plaintiff: Jill Patterson
Represented By:	Kevin Morgan Elwell
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Defendant: Phillip J Smith
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Counter defendant: BidZirk LLC
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Counter defendant: Daniel G Schmidt, III
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Counter claimant: Phillip J Smith
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