Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al Featured Case

Plaintiff Energy Automation Systems, Inc. sued defendants Xcentric Ventures, LLC and Edward Magedson. Plaintiff alleged that defendant\'s websites badbusinessbureau.com and ripofferport.com published false and deceptively misleading statements of fact concerning EASI, its dealerships, and its employees by a few disgruntled former EASI dealers.

Defendant: Edward Magedson and Xcentric Ventures, LLC
Plaintiff: Energy Automation Systems, Inc.
Case Number: 3:2006cv01079
Filed: November 6, 2006
Court: Tennessee Middle District Court
Office: Nashville Office
County: Sumner
Presiding Judge: Aleta A. Trauger
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 15:1125 Trademark Infringement (Lanham Act)
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 15, 2007 62 Opinion or Order of the Court
ORDER: Telephone Conference set for 10/16/2007 at 12:15 PM before District Judge Aleta A. Trauger. Chambers will place the conference call. Signed by Judge Aleta A. Trauger on 10/15/07. (dt)
October 2, 2007 61 Opinion or Order of the Court
SECOND CASE MANAGEMENT ORDER: The parties shall complete all written discovery and depose all fact witnesses with respect to those issues on or before 11/1/07. The Court will address motions to amend at the next case management conference. The Defendants shall file a motion for partial summary judgment with respect to the CDA on or before 12/4/07. The Court will address estimated trial time at the next case management conference. Signed by Judge Aleta A. Trauger on 10/2/07. (jb)
September 28, 2007 60
PROPOSED CASE MANAGEMENT ORDER (Second) filed by the parties. (Taber, W.) Modified Text on 10/1/07 (Brooks, Joyce).
July 20, 2007 59 Opinion or Order of the Court
INITIAL CASE MANAGEMENT ORDER: Discovery due by 10/1/2007. Dispositive Motions due by 11/1/2007. Signed by Judge Aleta A. Trauger on 7/20/07. (dt)
July 17, 2007 58
PROPOSED CASE MANAGEMENT ORDER filed by the parties. (Taber, W.) Modified Text on 7/17/07 (jb).
July 11, 2007 56
ANSWER to Amended Complaint by Edward Magedson, Xcentric Ventures, LLC.(Speth, Maria)
July 6, 2007 55
Additional Attachments to Main Document-Exhibit A to 52 Response to 49 Motion To Substitute Service of Process. (Speth, Maria) Modified on 7/6/07 (jb).
June 25, 2007 54
SUMMONS returned executed by Energy Automation Systems, Inc.. Edward Magedson served on 6/21/2007. (Taber, W.)
June 21, 2007 53
PROPOSED CASE MANAGEMENT ORDER AMENDED filed by all parties. (Shreffler, William)
June 20, 2007 51 Opinion or Order of the Court
CORRECTED ORDER: Because the 44 Order did not clearly require it, it is hereby ORDERED that Maria Speth, lead counsel for Xcentric Ventures, LLC, shall furnish to counsel for the pltf by 5:00 p.m. CST on 6/21/07, the address at which deft Edward Magedson may be served with process in this case. If Ms. Speth does not timely comply with this Order, she shall be prepared to SHOW CAUSE at the Initial Case Management Conference, scheduled for 6/25/07 at 10:30 a.m. why she should not be held in contempt. Signed by Judge Aleta A. Trauger on 6/20/07. (jb)
June 14, 2007 48 Opinion or Order of the Court
ORDER granting 36 Motion for Maria Crimi Speth to Appear Pro Hac Vice . Signed by Judge Aleta A. Trauger on 6/14/07. (jb)
June 13, 2007 47
CERTIFICATE OF GOOD STANDING on behalf of Maria Crimi Speth from USDC/Arizona in support of 36 MOTION for Admission Pro Hac Vice filed by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 6/13/07 (jb).
June 12, 2007 46 Opinion or Order of the Court
ORDER granting 43 Motion to Continue Initial Case Management Conference. The Initial Case Management Conference is reset for 6/25/07 at 10:30 AM conditioned upon this date being available for lead counsel for the defts, Maria Crimi Speth of Phoenix, Arizona. Signed by Judge Aleta A. Trauger on 6/12/07. (jb)
June 11, 2007 45 Opinion or Order of the Court
ORDER: Lead counsel for each party is to be present at the initial case management conference set on 6/15/07. Ms. Speth shall appear in person for the conference. However, Ms. Speth's motion for admission pro hac vice 36 has not yet been granted because she has failed to file a certificate that she is in good standing with a USDC. Ms. Speth shall cure this defect by 6/14/07 so that she may properly appear before the Court on 6/15/07 for the initial case management conference. Signed by Judge Aleta A. Trauger on 6/11/07. (gi, )
May 25, 2007 42
NOTICE of Hearing: Initial Case Management Conference set for 6/15/2007 at 01:15 PM in Courtroom 873 before District Judge Aleta A. Trauger. (hv)
May 18, 2007 38
CERTIFICATE OF GOOD STANDING from The Supreme Court of Arizona on behalf of Maria Crimi Speth in support of 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice filed by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb).
May 17, 2007 35
NOTICE of Entry of Appearance by William J. Shreffler & James A. Freeman III as Local Counsel for Defts. (Shreffler, William) Modified Text on 5/18/07 (jb).
May 16, 2007 33
REPLY to Response to Motion re 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: (1) Exhibit 1 - Article (2) Exhibit 2 - Motion for an Order (3) Exhibit 3 - Report and Recommendation)(Taber, W.) Modified Text on 5/17/07 (jb).
May 4, 2007 31
RESPONSE in Opposition re 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Xcentric Ventures, LLC. (Watts, Talmage)
April 25, 2007 30
NOTICE of Filing Certificate of Service to DE Nos. 24 & 27 by Energy Automation Systems, Inc. (Attachment: (1) Exhibit - Certificate of Service)(Taber, W.) Modified Text on 4/26/07 (jb).
April 23, 2007 28
DECLARATION of Robin Rennells in support of 27 MOTION AND MEMORANDUM For an Extension of Time for Service of Summons and Complaint upon Defendant Magedson filed by Energy Automation Systems, Inc. (Taber, W.) Modified Text on 4/23/07 (jb).
April 11, 2007 26
DECLARATION of Paul B. Bleiweis in support of 25 Response to Motion filed by Energy Automation Systems, Inc. (Warnock, Timothy) Modified Text on 4/12/07 (jb).
March 28, 2007 23 Opinion or Order of the Court
ORDER: Deft Excentric Ventures, LLC has filed a 17 Motion to Dismiss for Lack of Personal Jurisdiction. The Initial Case Management Conference scheduled for 4/9/07 is continued to be reset following a decision on this pending motion. Signed by Judge Aleta A. Trauger on 3/28/07. (jb)
March 27, 2007 22
Additional Attachments to Main Document: Exhibit A4 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb).
March 26, 2007 17
MOTION to Dismiss for Lack of Personal Jurisdiction by Xcentric Ventures, LLC. (Attachments: (1) Exhibit 1 w/o Ex. A thereto (2) Exhibit 2 (3) Exhibit 3)(Watts, Talmage) Modified Text on 3/27/07 (jb).
March 5, 2007 15
AMENDED COMPLAINT against all defendants, filed by Energy Automation Systems, Inc..(Campbell, William)
February 26, 2007 14 Opinion or Order of the Court
ORDER: The pltf shall file by 3/19/07 a RICO case statement. This statement shall include the facts the pltf is relying upon to initiate this RICO complaint as a result of the "reasonable inquiry" required by Fed.R.Civ.P. Rule 11. Signed by Judge Aleta A. Trauger on 2/26/07. (jb)
February 23, 2007 12
PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William)
January 4, 2007 9
Joint MOTION to Continue Initial Case Management Conference by Energy Automation Systems, Inc.. (Campbell, William)
January 2, 2007 8 Opinion or Order of the Court
ORDER granting 7 Motion for Extension of Time to Answer; Deft Xcentric Ventures LLC answer due 1/5/2007. Signed by Judge Aleta A. Trauger on 1/2/07. (aef, )
December 29, 2006 7
MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric Ventures, LLC. (Watts, Talmage)
December 27, 2006 6
SUMMONS returned executed by Energy Automation Systems, Inc.. Xcentric Ventures, LLC served on 11/17/2006. (Campbell, William)
November 7, 2006 5
Letter from Deputy Clerk to W. Russell Taber, Esq. re Compliance with Local Rule 83.01. (jb)
November 6, 2006 4
NOTICE of Initial Case Management Conference set for Monday 1/8/2007 at 01:30 PM in Room 825 before District Judge Aleta A. Trauger. (eh)

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Defendant: Edward Magedson
Represented By: Maria Crimi Speth
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Defendant: Xcentric Ventures, LLC
Represented By: Talmage M. Watts
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Plaintiff: Energy Automation Systems, Inc.
Represented By: Timothy L. Warnock
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