Energy Automation Systems, Inc. v. Xcentric Ventures, LLC et al
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.
Energy Automation Systems, Inc. |
Xcentric Ventures, LLC and Edward Magedson |
3:2006cv01079 |
November 6, 2006 |
US District Court for the Middle District of Tennessee |
Nashville Office |
Sumner |
Aleta A. Trauger |
Racketeer/Corrupt Organization |
15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
Both |
This docket was last retrieved on May 21, 2019. A more recent docket listing may be available from PACER.
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Filing 65 Docket entry number 64 is hereby entered on the docket in compliance with Rule 58 and/or Rule 79(a) of the Federal Rules of Civil Procedure on 12/12/07 by JB.(jb) |
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Filing 63 PROPOSED ORDER OF DISMISSAL filed by all parties. (Taber, W.) |
Minute Entry for proceedings held before Judge Aleta A. Trauger : Telephone Conference held on 10/16/2007. Discovery dispute. (Court Reporter none.) (bb-j) |
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Filing 60 PROPOSED CASE MANAGEMENT ORDER (Second) filed by the parties. (Taber, W.) Modified Text on 10/1/07 (Brooks, Joyce). |
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Filing 58 PROPOSED CASE MANAGEMENT ORDER filed by the parties. (Taber, W.) Modified Text on 7/17/07 (jb). |
Filing 57 ***DISREGARD ENTRY - ATTY TO REFILE*** PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc.. (Taber, W.) Modified on 7/17/2007 (hv). |
Filing 56 ANSWER to Amended Complaint by Edward Magedson, Xcentric Ventures, LLC.(Speth, Maria) |
Filing 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). |
Filing 54 SUMMONS returned executed by Energy Automation Systems, Inc.. Edward Magedson served on 6/21/2007. (Taber, W.) |
Minute Entry for proceedings held before Judge Aleta A. Trauger : Case Management Conference held on 6/25/2007. Discovery ddl on limited issue of CDA - 10/1/07, summary judgment mtn - 11/1/07, response 11/21/07, reply 12/3/07. After disposition of SJ motion and case survives, reset another CMC. (Court Reporter none.) (bb-j, ) |
Note to Filer re DE #52-Exhibit A was scanned using an incorrect scan size. The scanner should be set to 8.5 x 11. This exhibit needs to be re-filed. (jb) |
Filing 53 PROPOSED CASE MANAGEMENT ORDER AMENDED filed by all parties. (Shreffler, William) |
Filing 52 RESPONSE to 49 Motion To Substitute Service of Process for Defendant Edward Magedson and Counsel for Deft Xcentric's Compliance with 51 June 20, 2007 Order filed by Xcentric Ventures, LLC. (Attachment: (1) Exhibit A)(Speth, Maria) Modified Text on 6/21/07 (jb). |
Note to Filer re DE #52-The mandatory description field, for each exhibit filed, should be used to accurately describe the contents of your attachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient). This document does not need to be re-filed unless otherwise directed by the Court. (jb) |
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Filing 49 MOTION To Substitute Service of Process for Defendant Edward Magedson by Energy Automation Systems, Inc.. (Attachments: # 1 Exhibit A - Letter to Freeman# 2 Exhibit B - Email# 3 Exhibit C - Email# 4 Exhibit D - Email# 5 Attachment - Order)(Taber, W.) |
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Remark-Maria Crimi Speth was notified by e-mail to register for an ECF Account.(jb) Modified on 6/19/07 (jb). |
Filing 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). |
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Filing 43 MOTION to Continue Initial Case Management Conference by defts. (Shreffler, William) Modified Text on 6/12/07 (jb). |
Filing 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) |
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Filing 39 RECEIPT #114927 in the amount of $75.00 posted on 5/25/07 for PHV Fee on behalf of Maria Crimi Speth re 36 Motion to Appear Pro Hac Vice. (jb) |
Note to Filer re DE #38-Certificate of Good Standing is not in compliance with Local Rule 83.01. Attorney is directed to FILE Certificate of Good Standing from a Federal Court. (jb) |
Filing 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). |
Filing 37 AFFIDAVIT of Maria Crimi Speth in support of 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) Modified Text on 5/21/07 (jb). |
Filing 36 MOTION for attorney Maria Crimi Speth to Appear Pro Hac Vice by Xcentric Ventures, LLC. (Shreffler, William) (PHV Fee Paid & Certificate of Good Standing Not in Compliance with Local Rule 83.01) (SEE DE # 47 FOR CERTIFICATE OF GOOD STANDING IN COMPLIANCE WITH LOCAL RULE 83.01) Modified on 5/21/07 (jb). Modified on 5/25/07 (jb). Modified on 6/13/07 (jb). |
Note to Filer re DE #35-Notice of Appearance filed in error as a Motion. The Motion has been termed as pending. Notice of Appearance should be filed using the Notice of Appearance event under Notices. This document does not need to be re-filed unless otherwise directed by the Court. (jb) |
Filing 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). |
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Note to Filer re DE #33-This document should have been filed as an attachment to the Motion for Leave DE #32. This document does not need to be re-filed unless otherwise directed by the Court. (jb) |
Filing 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). |
Filing 32 MOTION for Leave to File Reply Brief 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 by Energy Automation Systems, Inc.. (Taber, W.) |
Filing 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) |
Filing 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). |
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Filing 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). |
Filing 27 MOTION AND MEMORANDUM For an Extension of Time for Service of Summons and Complaint upon Defendant Magedson by Energy Automation Systems, Inc. (Attachments: (1) Exhibit March 22, 2007 email (2) Exhibit February 1, 2007 newspaper article (3) Exhibit Notice of Filing in Illinois case (4) Exhibit Order in Illinois case extending time (5) Exhibit Order in Illinois case for substitute service (6) Exhibit LEXIS case)(Taber, W.) Modified Text on 4/23/07 (jb). |
Filing 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). |
Filing 25 RESPONSE to Motion re 17 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Energy Automation Systems, Inc.. (Attachments: # 1 Exhibit A - Email# 2 Exhibit B - Email# 3 Exhibit C - Letter to John Jacobson# 4 Exhibit D - Email to Bleiweis# 5 Errata - Case Law# 6 Errata - Case Law (MCW v. Badbusinessbureau.com)# 7 Errata - Case Law (Whitney v. Xcentric)# 8 Errata - Case Law (USA v. Guidant)# 9 Errata - Memorandum and Order (Whitney v. Xcentric)# 10 Errata - PressRepublican Article)(Warnock, Timothy) |
Filing 24 MOTION to Lift Stay on Discovery for Limited Purpose of Discovering Jurisdictional Facts re 17 MOTION to Dismiss for Lack of Personal Jurisdiction by Energy Automation Systems, Inc. (Attachments: (1) Exhibit A - Letter to Freeman (2) Exhibit B - Email to Freeman)(Warnock, Timothy) Modified Text on 4/12/07 (jb). |
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Filing 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). |
Filing 21 Additional Attachments to Main Document: Exhibit A3 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). |
Filing 20 Additional Attachments to Main Document: Exhibit A2 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). |
Filing 19 Additional Attachments to Main Document: Exhibit A1 to 17 MOTION to Dismiss for Lack of Personal Jurisdiction. (Watts, Talmage) Modified Text on 3/28/07 (jb). |
Filing 18 Letter from Deputy Clerk to Maria Crimi Speth re Compliance with Local Rule 83.01. (jb) |
Note to Filer re DE #17-Signed affidavits/declarations should be filed as separate events, not as attachments to other pleadings. The mandatorydescription field should be used for each exhibit filed. The mandatory description field should be used to accurately describe the contents of yourattachment (labeling as Exhibit A, B C or Exhibit 1, 2, 3 is not sufficient).These documents do not need to be re-filed unless otherwise directed by the Court. (jb) |
Filing 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). |
Filing 16 NOTICE of Appearance by Timothy L. Warnock on behalf of Energy Automation Systems, Inc. (Warnock, Timothy) |
Filing 15 AMENDED COMPLAINT against all defendants, filed by Energy Automation Systems, Inc..(Campbell, William) |
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Filing 12 PROPOSED CASE MANAGEMENT ORDER filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William) |
Filing 11 PROPOSED CASE MANAGEMENT ORDER (NOT SIGNED BY COUNSEL) filed by Energy Automation Systems, Inc., Xcentric Ventures, LLC. (Campbell, William) Modified on 2/23/07 (jb). |
Note to Filer re DE #11-Proposed Case Management Order does not contain attorneys' signature. Filer is directed to refile with the attorneys' names typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted by facsimile signature. (jb) |
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Filing 9 Joint MOTION to Continue Initial Case Management Conference by Energy Automation Systems, Inc.. (Campbell, William) |
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Filing 7 MOTION for Extension of Time to File Answer re 1 Complaint by Xcentric Ventures, LLC. (Watts, Talmage) |
Filing 6 SUMMONS returned executed by Energy Automation Systems, Inc.. Xcentric Ventures, LLC served on 11/17/2006. (Campbell, William) |
Filing 5 Letter from Deputy Clerk to W. Russell Taber, Esq. re Compliance with Local Rule 83.01. (jb) |
Filing 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) |
Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Energy Automation Systems, Inc. (eh) |
Filing 2 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement (eh) |
Filing 1 COMPLAINT against Edward Magedson, Xcentric Ventures, LLC , filed by Energy Automation Systems, Inc. Filing Fee paid $350. Summons Issued. (Attachments: # 1 summons)(eh) |
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