Rail Scale, Inc. v. Balanced Railscale Certification, LLC et al

Justia Dockets & Filings Fifth Circuit Texas Eastern District Rail Scale, Inc. v. Balanced Railscale Certification, LLC et al

Rail Scale, Inc. v. Balanced Railscale Certification, LLC et al

Plaintiff:	Rail Scale, Inc.
Defendant:	Balanced Railscale Certification, LLC and Troy Swedlund
Not Classified By Court:	Bonnie Leggat
Counter Claimant:	Dennis Sandifer
Case Number:	2:2015cv02117
Filed:	December 30, 2015
Court:	US District Court for the Eastern District of Texas
Office:	Marshall Office
County:	Harrison
Presiding Judge:	Roy S Payne
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1330 Breach of Contract
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on April 21, 2017. A more recent docket listing may be available from PACER.

Date Filed	Document Text
April 21, 2017	Filing 113 MEMORANDUM ORDER. Signed by Magistrate Judge Roy S. Payne on 4/21/2017. (ch, )
April 7, 2017	Filing 112 SUR-REPLY to Reply to Response to Motion re #109 Opposed MOTION for Attorney Fees Opposed MOTION for Bill of Costs filed by Rail Scale, Inc. . (Davis, William)
March 31, 2017	Filing 111 REPLY to Response to Motion re #109 Opposed MOTION for Attorney Fees Opposed MOTION for Bill of Costs filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund . (Abraham, Amanda)
March 21, 2017	Filing 110 RESPONSE in Opposition re #109 Opposed MOTION for Attorney Fees Opposed MOTION for Bill of Costs filed by Rail Scale, Inc. . (Attachments: #1 Text of Proposed Order)(Davis, William)
March 6, 2017	Filing 109 Opposed MOTION for Attorney Fees , Opposed MOTION for Bill of Costs by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Affidavit of Amanda Abraham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Abraham, Amanda)
February 15, 2017	Filing 108 ORDER granting #107 Motion to Dismiss. ORDERED that Plaintiffs claims against Defendants under the Lanham Act are DISMISSED WITH PREJUDICE. Signed by Magistrate Judge Roy S. Payne on 2/15/2017. (ch, )
February 14, 2017	Filing 107 MOTION to Dismiss - Plaintiff's Motion to Dismiss and Voluntarily Withdraw its Cause of Action Under the Lanham Act by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
February 14, 2017	Filing 106 AMENDED COMPLAINT - Plaintiff's Second Amended Complaint and Request for Permanent Injunction against Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund, filed by Rail Scale, Inc..(Davis, William)
February 14, 2017	Filing 105 Opposed MOTION for Leave to File Second Amended Complaint by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
February 14, 2017	NOTICE of Hearing: Telephone Conference set for 2/14/2017 03:00 PM before Magistrate Judge Roy S. Payne. Plaintiff's counsel is responsible for setting up conference call. Contact the Court AFTER all parties have joined the call. The Court's conference telephone number is 903-938-7803.(bga, )
February 13, 2017	Filing 104 Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Initial Pretrial Conference held on 2/13/2017. (Court Reporter Shelly Holmes.) (bga, )
February 13, 2017	NOTICE of Hearing: Status Conference set for 2/17/2017 01:30 PM before Magistrate Judge Roy S. Payne. (bga, )
February 9, 2017	Filing 103 REPLY to Response to Motion re #88 Opposed MOTION in Limine filed by Rail Scale, Inc. . (Davis, William)
February 9, 2017	Filing 102 Opposed MOTION for Reconsideration of Defendants' Motion to Dismiss Plaintiff's Common Law Claims Preempted by TUTSA by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Text of Proposed Order)(Abraham, Amanda)
February 3, 2017	Filing 101 RESPONSE in Opposition re #90 Opposed SEALED MOTION In Limine filed by Rail Scale, Inc. . (Attachments: #1 Exhibit A - Defendants' Initial Disclosures, #2 Text of Proposed Order)(Davis, William)
February 3, 2017	Filing 100 Opposed SEALED MOTION by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Exhibit 1 RSI's Initial Disclosures, #2 Exhibit 2 RSI's Amended Disclosures, #3 Exhibit 3 AA Ltr to Anderson re RSI Document Production, #4 Exhibit 4 Objections to BRC's Second Amended Depo Notice, #5 Exhibit 5 AA Ltr to Counsel re Plaintiff's Document Production, #6 Exhibit 6 RSI's Trial Exhibit List, #7 Text of Proposed Order)(Abraham, Amanda)
February 2, 2017	Filing 99 Proposed Pretrial Order - Joint Final Pretrial Order by Rail Scale, Inc.. (Attachments: #1 Exhibit A - RSI's Trial Witness List, #2 Exhibit B - Defendants' Trial Witness List, #3 Exhibit C - RSI's Trial Exhibit List, #4 Exhibit D - Defendants' Trial Exhibit List)(Davis, William)
February 2, 2017	Filing 98 Proposed Jury Instructions by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Exhibit A Plaintiff's Proposed Jury Charge, #2 Exhibit B Defendants' Proposed Preliminary Jury Instructions, Final Jury Instructions, and Verdict Form)(Abraham, Amanda)
February 2, 2017	Filing 97 RESPONSE to Motion re #88 Opposed MOTION in Limine filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund . (Abraham, Amanda)
January 30, 2017	Filing 96 NOTICE of Attorney Appearance by Edward Chin on behalf of Rail Scale, Inc. (Chin, Edward)
January 26, 2017	Filing 95 FIRST AMENDED DOCKET CONTROL ORDER granting #94 Joint MOTION to Amend/Correct Docket Control Pretrial Conference set for 2/13/2017 09:00 AM before Magistrate Judge Roy S. Payne., Jury Selection set for 2/27/2017 09:00AM before Magistrate Judge Roy S. Payne., Proposed Pretrial Order due by 2/2/2017. Signed by Magistrate Judge Roy S. Payne on 1/26/2017. (ch, )
January 25, 2017	Filing 94 Joint MOTION to Amend/Correct #49 Order, Terminate Motions, Scheduling Order,,, - Joint Motion to Continue Pretrial Conference and Pretrial Deadlines and Amend Docket Control Order (Re: Dkt. 49) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order - Exhibit A - First Amended Docket Control Order)(Davis, William)
January 23, 2017	Filing 93 MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge Roy S. Payne on 1/23/2017. (ch, )
January 23, 2017	Filing 92 MEMORANDUM OPINION AND ORDER. Signed by Magistrate Judge Roy S. Payne on 1/23/2017. (ch, )
January 20, 2017	NOTICE of Hearing: Jury Selection RESET for 2/27/2017 09:00AM before Magistrate Judge Roy S. Payne. (bga, )
January 19, 2017	Filing 91 NOTICE by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund Notice of Request for Daily Transcripts and Real Time Reporting (Abraham, Amanda)
January 19, 2017	Filing 90 Opposed SEALED MOTION In Limine by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Exhibit 1 RSI's Initial Disclosures, #2 Exhibit 2 RSI's Amended Disclosures, #3 Exhibit 3 AA Ltr to Anderson re RSI Document Production, #4 Exhibit 4 Objections to BRC's Second Amended Depo Notice, #5 Exhibit 5 AA Ltr to Counsel re Plaintiff's Document Production, #6 Text of Proposed Order)(Abraham, Amanda)
January 19, 2017	Filing 89 NOTICE of Attorney Appearance by Carl R Roth on behalf of Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund (Roth, Carl)
January 19, 2017	Filing 88 Opposed MOTION in Limine by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
January 19, 2017	Filing 87 Joint MOTION in Limine by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
January 19, 2017	Filing 86 PAPER TRANSCRIPT REQUEST by Rail Scale, Inc. for proceedings held on February 20, 2017 (Jury Trial) before Judge Roy S. Payne. (Davis, William)
January 17, 2017	Filing 85 REPLY to Response to Motion re #72 SEALED MOTION - Plaintiff's SEALED Motion for Summary Judgment on Defendants' Counterclaims, and Brief in Support (Re: Dkt. 43) filed by Rail Scale, Inc. . (Davis, William)
January 17, 2017	Filing 84 Plaintiff's SEALED REPLY in Support of its Motion for Partial Summary Judgment on its Claims, and Brief in Support re #71 Plaintiff's SEALED Motion for Partial Summary Judgment on its Claims, and Brief in Support filed by Rail Scale, Inc. (Attachments: #1 Exhibit H - Open Records Request and Response)(Davis, William)
January 17, 2017	Filing 83 NOTICE by Rail Scale, Inc. - Plaintiff's Notice of Service of Objections to Defendants' Pre-Trial Disclosures (Re: Dkt. 49) (Davis, William)
January 17, 2017	Filing 82 NOTICE by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund Notice of Compliance with Objections to Plaintiff's Pre-Trial Disclosures (Abraham, Amanda)
January 10, 2017	Filing 81 Additional Attachments to Main Document: #79 Sealed Response to Motion,,,.. (Abraham, Amanda)
January 10, 2017	Filing 80 Additional Attachments to Main Document: #78 Sealed Response to Motion,,,,.. (Abraham, Amanda)
January 10, 2017	Filing 79 SEALED RESPONSE to Motion re #72 SEALED MOTION - Plaintiff's SEALED Motion for Summary Judgment on Defendants' Counterclaims, and Brief in Support (Re: Dkt. 43) filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Affidavit Declaration of Amanda A. Abraham, #2 Exhibit 1 to Abraham Declaration, #3 Exhibit 2 to Abraham Declaration, #4 Exhibit 3 to Abraham Declaration, #5 Exhibit 4 to Abraham Declaration, #6 Exhibit 5 to Abraham Declaration, #7 Exhibit 6 to Abraham Declaration, #8 Affidavit Declaration of Dennis Sandifer, #9 Exhibit A to Sandifer, #10 Exhibit B to Sandifer, #11 Exhibit C to Sandifer, #12 Exhibit D to Sandifer, #13 Exhibit E to Sandifer, #14 Affidavit Declaration of Troy Swedlund, #15 Text of Proposed Order)(Abraham, Amanda)
January 9, 2017	Filing 78 SEALED RESPONSE to Motion re #71 SEALED MOTION - Plaintiff's SEALED Motion for Partial Summary Judgment on its Claims, and Brief in Support filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Affidavit Declaration of Amanda A. Abraham, #2 Exhibit 1 to Abraham Declaration, #3 Exhibit 2 to Abraham Declaration, #4 Exhibit 3 to Abraham Declaration, #5 Exhibit 4 to Abraham Declaration, #6 Exhibit 5 to Abraham Declaration, #7 Exhibit 6 to Abraham Declaration, #8 Exhibit 7 to Abraham Declaration, #9 Exhibit 8 to Abraham Declaration, #10 Exhibit 9 to Abraham Declaration, #11 Exhibit 10 to Abraham Declaration, #12 Exhibit 11 to Abraham Declaration, #13 Affidavit Declaration of Dennis Sandifer, #14 Exhibit A to Sandifer Declaration, #15 Exhibit B to Sandifer Declaration, #16 Exhibit C to Sandifer Declaration, #17 Exhibit D to Sandifer Declaration, #18 Exhibit E to Sandifer Declaration, #19 Affidavit Declaration of Troy Swedlund, #20 Text of Proposed Order)(Abraham, Amanda)
January 6, 2017	Filing 77 ORDER granting #74 Motion for Extension of Time to File Response/Reply re #72 SEALED MOTION - Plaintiff's SEALED Motion for Summary Judgment on Defendants' Counterclaims, and Brief in Support (Re: Dkt. 43), #71 SEALED MOTION - Plaintiff's SEALED Motion for Partial Summary Judgment on its Claims, and Brief in Support Responses due by 1/9/2017. Signed by Magistrate Judge Roy S. Payne on 1/6/17. (ch, )
January 5, 2017	Filing 76 NOTICE by Rail Scale, Inc. of Service of Pre-Trial Disclosures (Re: Dkt. 49) (Davis, William)
January 5, 2017	Filing 75 NOTICE by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund Notice of Compliance with Pre-Trial Disclosures (Smith, Todd)
January 5, 2017	Filing 74 Unopposed MOTION for Extension of Time to File Response/Reply as to #72 SEALED MOTION - Plaintiff's SEALED Motion for Summary Judgment on Defendants' Counterclaims, and Brief in Support (Re: Dkt. 43), #71 SEALED MOTION - Plaintiff's SEALED Motion for Partial Summary Judgment on its Claims, and Brief in Support by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Attachments: #1 Text of Proposed Order)(Abraham, Amanda)
December 22, 2016	Filing 73 Trial Witness List by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund. (Abraham, Amanda)
December 22, 2016	Filing 72 SEALED MOTION - Plaintiff's SEALED Motion for Summary Judgment on Defendants' Counterclaims, and Brief in Support (Re: Dkt. 43) by Rail Scale, Inc.. (Attachments: #1 Exhibit A - Declaration of Sean Good, #2 Exhibit B - Deposition of Troy Swedlund, #3 Exhibit C - Deposition of Dennis Sandifer, #4 Exhibit D - Sandifer Interrogatory Responses, #5 Exhibit E - Swedlund Interrogatory Responses, #6 Exhibit F - Defendants' Initial Disclosures, #7 Exhibit G - Deposition of Richard Essex, #8 Exhibit H - Deposition of Sherman Hodges, #9 Text of Proposed Order)(Davis, William)
December 22, 2016	Filing 71 SEALED MOTION - Plaintiff's SEALED Motion for Partial Summary Judgment on its Claims, and Brief in Support by Rail Scale, Inc.. (Attachments: #1 Exhibit A - Plaintiff's First Amended Complaint, #2 Exhibit B - Declaration of Shawn Good, #3 Exhibit B-1 - 2014 Employee Handbook and Acknowledgement, #4 Exhibit B-2 - 2003 Employee Handbook and Acknowledgement, #5 Exhibit B-3 - Swedlund Employment Letter, #6 Exhibit B-4 - Sandifer Employment Letter, #7 Exhibit C - Deposition of Shawn Good, #8 Exhibit D - Deposition of Troy Swedlund, #9 Exhibit E - Deposition of Dennis Sandifer, #10 Exhibit F - Swedlund and Sandifer Interrogatory Responses, #11 Exhibit G - Deposition of Richard Essex, #12 Text of Proposed Order)(Davis, William)
December 15, 2016	Filing 70 Trial Witness List by Rail Scale, Inc.. (Davis, William)
November 21, 2016	Filing 69 ORDER denying #65 Motion to Continue. Signed by Magistrate Judge Roy S. Payne on 11/18/2016. (ch, )
November 17, 2016	Filing 68 REPLY to Response to Motion re #65 Opposed MOTION to Continue Trial Setting (Re: Dkt. 49) filed by Rail Scale, Inc. . (Attachments: #1 Exhibit A - Correspondence from A. Abraham to Defense Counsel - Dated November 11, 2016, #2 Exhibit B - Correspondence from A. Abraham to Defense Counsel - Dated November 10, 2016)(Davis, William)
November 7, 2016	Filing 67 RESPONSE in Opposition re #65 Opposed MOTION to Continue Trial Setting (Re: Dkt. 49) filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund . (Attachments: #1 Text of Proposed Order)(Abraham, Amanda)
October 28, 2016	Filing 66 NOTICE by Rail Scale, Inc. of Compliance Regarding Privilege Log (Davis, William)
October 21, 2016	Filing 65 Opposed MOTION to Continue Trial Setting (Re: Dkt. 49) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
September 6, 2016	Filing 64 MEMORANDUM ORDER. Signed by Magistrate Judge Roy S. Payne on 9/4/2016. (ch, )
August 25, 2016	Filing 63 ORDER the court enters this order sua sponte - denyins as moot #8 MOTION for Leave to Take Expedited Discovery in Support of Preliminary Injunction and #24 Opposed MOTION to Strike #16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement. Signed by Magistrate Judge Roy S. Payne on 8/24/2016. (ch, )
August 9, 2016	Filing 62 ORDER granting #61 Motion to Cancel Preliminary Injunction Hearing ; finding as moot #22 Motion for Preliminary Injunction. ORDERED that the conference hearing set for August 19, 2016 and the hearing on Plaintiffs Motion for Preliminary Injunction set for August 29, 2016 are cancelled. Signed by Magistrate Judge Roy S. Payne on 8/9/2016. (ch, )
August 8, 2016	Filing 61 Unopposed MOTION re #60 Order, Set Deadlines, Set Deadlines/Hearings, Set Hearings, #55 Order, Set Deadlines/Hearings - Plaintiff Rail Scale, Inc.'s Unopposed Motion to Cancel Preliminary Injunction Hearing (Re: Dkts. 55 and 60) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
July 8, 2016	Filing 60 AGREED SCHEDULING FOR PRELIMINARY INJUNCTION HEARING - Preliminary Hearing set for 8/29/2016 09:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 7/8/16. (ch, )
June 29, 2016	Filing 59 AGREED CONFIDENTIALITY AND PROTECTIVE ORDER. Signed by Magistrate Judge Roy S. Payne on 6/29/2016. (ch, )
June 23, 2016	Filing 58 Joint MOTION for Protective Order by Balanced Railscale Certification, LLC, Dennis Sandifer. (Attachments: #1 Exhibit A)(Abraham, Amanda)
June 16, 2016	Filing 57 NOTICE of Discovery Disclosure by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund (Abraham, Amanda)
June 16, 2016	Filing 56 NOTICE of Discovery Disclosure by Rail Scale, Inc. of Service of Initial Disclosures (Davis, William)
May 31, 2016	Filing 55 ORDER re #22 Opposed MOTION for Preliminary Injunction. Evidentiary Hearing set for 8/29/2016 09:00 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 5/28/2016. (ch, )
May 24, 2016	NOTICE of Hearing: Jury Selection RESET for 2/20/2017 09:00AM before Magistrate Judge Roy S. Payne. (bga, )
May 23, 2016	Filing 54 REPLY to Response to Motion re #47 Opposed MOTION to Dismiss - Plaintiff Rail Scale, Inc.'s Motion to Dismiss Defendants' Amended Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 43) filed by Rail Scale, Inc. . (Davis, William)
May 20, 2016	Filing 53 ORDER assigning case to Judge Payne by consent of the parties for all further proceedings and entry of judgment. Signed by Judge Robert W. Schroeder, III on 5/20/2016. (sm, )
May 20, 2016	CONSENT to Proceed Before US Magistrate Judge by Balanced Railscale Certification, LLC, Dennis Sandifer, Rail Scale, Inc., and Troy Swedlund. Case reassigned to Magistrate Judge Roy S. Payne. (sm, )
May 18, 2016	Filing 51 ORDER REFERRING CASE to Mediator Bonnie Leggat, 104 E. Houston Street, Marshall, Texas 75670 telephone number 903-918-8868, and email mail@bonnieleggat.com, is hereby appointed as mediator. Signed by Magistrate Judge Roy S. Payne on 5/18/2016. (ch, )
May 18, 2016	Filing 50 DISCOVERY ORDER. Signed by Magistrate Judge Roy S. Payne on 5/18/2016. (ch, )
May 18, 2016	Filing 49 DOCKET CONTROL ORDER - Pretrial Conference set for 2/6/2017 09:00 AM before Magistrate Judge Roy S. Payne., Amended Pleadings due by 11/24/2016., Discovery due by 11/17/2016., Joinder of Parties due by 9/22/2016., Jury Selection set for 2/21/2017 09:00AM before Judge Robert W. Schroeder III., Mediation Completion due by 12/8/2016., Motions due by 1/19/2017., Proposed Pretrial Order due by 1/26/2017.). Signed by Magistrate Judge Roy S. Payne on 5/18/2016. (ch, )
May 17, 2016	Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Scheduling Conference held on 5/17/2016 in chambers with no recording. David Anderson and Bo Davis present for plaintiff. Amanda Abraham and Todd Smith present for defendant. Proposed deadlines for Docket Control Order and Discovery Order discussed. Bonnie Leggat appointed as Mediator. (bga, )
May 13, 2016	Filing 48 RESPONSE in Opposition re #47 Opposed MOTION to Dismiss - Plaintiff Rail Scale, Inc.'s Motion to Dismiss Defendants' Amended Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 43) filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund . (Miller, Anthony)
May 2, 2016	Filing 47 Opposed MOTION to Dismiss - Plaintiff Rail Scale, Inc.'s Motion to Dismiss Defendants' Amended Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 43) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
April 25, 2016	Filing 46 REPLY to Response to Motion re #41 Opposed MOTION to Dismiss Defendants' Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 37) - Plaintiff Rail Scale, Inc.'s Reply in Support of Motion to Dismiss Defendants' Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 41) filed by Rail Scale, Inc. . (Davis, William)
April 20, 2016	Filing 45 ORDER - Scheduling Conference set for 5/17/2016 09:20 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 4/20/2016. (ch, )
April 15, 2016	Filing 44 RESPONSE in Opposition re #41 Opposed MOTION to Dismiss Defendants' Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 37) filed by Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund . (Miller, Anthony)
April 15, 2016	Filing 43 Second Amended ANSWER to #1 Complaint, , Second COUNTERCLAIM against Rail Scale, Inc. by Dennis Sandifer, Troy Swedlund, Balanced Railscale Certification, LLC.(Miller, Anthony)
April 12, 2016	Filing 42 NOTICE of Attorney Appearance by Steven Scott Pershern on behalf of Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund (Pershern, Steven)
April 4, 2016	Filing 41 Opposed MOTION to Dismiss Defendants' Counterclaims for Failure to State a Claim Pursuant to Rule 12(b)(6) (Re: Dkt. 37) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
April 1, 2016	Filing 40 NOTICE of Readiness for Scheduling Conference by Rail Scale, Inc. - Plaintiff's Notice of Readiness for Status Conference (Davis, William)
March 16, 2016	Filing 39 RESPONSE to #30 Notice (Other), - Plaintiff Rail Scale, Inc.'s Response to Defendant Troy Swedlund's Notice of Joinder in Defendants' Motion to Dismiss (Re: Dkt. 30) filed by Rail Scale, Inc. . (Attachments: #1 Text of Proposed Order)(Davis, William)
March 15, 2016	Filing 38 ORDER granting #36 Motion for Extension of Time to File a Response to Defendant Troy Swedlunds (Swedlund) Notice of Joinder in Defendants Motion to Dismiss for Lack of Subject Matter Jurisdiction and Motion to Dismiss for Failure to State a Claim, or in the Alternative, For More Definite Statement. Signed by Magistrate Judge Roy S. Payne on 03/15/2016. (nkl, )
March 14, 2016	Filing 37 AMENDED ANSWER to First #11 Amended Complaint,,, and, First COUNTERCLAIM against Rail Scale, Inc. by Dennis Sandifer, Troy Swedlund, Balanced Railscale Certification, LLC. (Miller, Anthony)
March 11, 2016	Filing 36 Unopposed MOTION for Extension of Time to File Response/Reply as to #30 Notice (Other), - Plaintiff Rail Scale, Inc.'s Unopposed Motion to Extend Time to File Response to Defendant Troy Swedlund's Notice of Joinder (Dkt. 30) in Defendants' Motion to Dismiss (Dkt. 16) for Lack of Subject Matter Jurisdiction and Motion to Dismiss for Failure to State a Claim, or in the Alternative, For More Definite Statement by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
March 9, 2016	Filing 35 REPLY to Response to Motion re #22 Opposed MOTION for Preliminary Injunction filed by Rail Scale, Inc. . (Attachments: #1 Exhibit A - NIST and TECHcetera pictures)(Davis, William)
March 7, 2016	Filing 34 ORDER granting #33 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Roy S. Payne on 03/07/2016. (nkl, )
March 4, 2016	Filing 33 Unopposed MOTION for Extension of Time to File Response/Reply as to #28 Response in Opposition to Motion,,,, - Plaintiff Rail Scale, Inc.'s Unopposed Motion for Extension of Time to File REPLY to Defendants' Response to Plaintiff's Opposed Motion for Preliminary Injunction (Dkt. 28) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
February 29, 2016	Filing 32 SUMMONS Returned Executed by Rail Scale, Inc.. Troy Swedlund served on 1/30/2016, answer due 2/22/2016. (ch, )
February 24, 2016	Filing 31 NOTICE of Attorney Appearance by John Jeffery Patti on behalf of Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund (Patti, John)
February 23, 2016	Filing 30 NOTICE by Troy Swedlund re #16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement Notice of Joinder (Attachments: #1 Affidavit of Troy Swedlund, #2 Exhibit 1 to Swedlund Decl., #3 Exhibit 2 to Swedlund Decl.)(Abraham, Amanda)
February 23, 2016	Filing 29 ORIGINAL ANSWER to #11 Amended Complaint,,, by Troy Swedlund.(Miller, Anthony)
February 23, 2016	Filing 28 RESPONSE in Opposition re #22 Opposed MOTION for Preliminary Injunction filed by Balanced Railscale Certification, LLC, Dennis Sandifer . (Attachments: #1 Affidavit of Amanda A. Abraham, #2 Exhibit A to Abraham Decl., #3 Exhibit B to Abraham Decl., #4 Exhibit C to Abraham Decl., #5 Exhibit D to Abraham Decl, #6 Exhibit E to Abraham Decl., #7 Exhibit F to Abraham Decl., #8 Exhibit G to Abraham Decl., #9 Exhibit H to Abraham Decl., #10 Exhibit I to Abraham Decl., #11 Exhibit J to Abraham Decl., #12 Exhibit K to Abraham Decl., #13 Exhibit L to Abraham Decl., #14 Exhibit M to Abraham Decl., #15 Exhibit N to Abraham Decl., #16 Exhibit O to Abraham Decl., #17 Exhibit P to Abraham Decl., #18 Exhibit Q to Abraham Decl., #19 Exhibit R to Abraham Decl., #20 Exhibit S to Abraham Decl., #21 Exhibit T to Abraham Decl., #22 Affidavit of Dennis Sandifer, #23 Exhibit A to Sandifer Decl., #24 Exhibit B to Sandifer Decl., #25 Exhibit C to Sandifer Decl., #26 Exhibit D to Sandifer Decl., #27 Text of Proposed Order)(Abraham, Amanda)
February 19, 2016	Filing 27 REPLY to Response to Motion re #8 MOTION for Leave to Take Expedited Discovery in Support of Preliminary Injunction filed by Rail Scale, Inc. . (Davis, William)
February 11, 2016	Filing 26 RESPONSE in Opposition re #24 Opposed MOTION to Strike #16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement - Plaintiff's Motion to Strike Defendant's Opposition to Ex filed by Balanced Railscale Certification, LLC, Dennis Sandifer . (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Abraham, Amanda)
February 11, 2016	Filing 25 RESPONSE in Opposition re #8 MOTION for Leave to Take Expedited Discovery in Support of Preliminary Injunction filed by Balanced Railscale Certification, LLC, Dennis Sandifer . (Attachments: #1 Text of Proposed Order)(Abraham, Amanda)
February 11, 2016	Filing 24 Opposed MOTION to Strike #16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement - Plaintiff's Motion to Strike Defendant's Opposition to Expedited Discovery (Dkt. 16) by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
February 11, 2016	Filing 23 RESPONSE in Opposition re #16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement, #14 MOTION to Strike #11 Amended Complaint,,, MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim, or in the Alternative for More Definite Statement filed by Rail Scale, Inc. . (Attachments: #1 Text of Proposed Order)(Davis, William)
February 10, 2016	Filing 22 Opposed MOTION for Preliminary Injunction by Rail Scale, Inc.. (Attachments: #1 Exhibit A - Declaration of Dennis Myers in Support of Plaintiff's Motion for Preliminary Injunction, #2 Exhibit 1 - Rail Scale, Inc.'s Employee Handbook - Revised October 27, 2014, #3 Exhibit 2 - Rail Scale, Inc.'s Employee Handbook - Revised July 2003, #4 Exhibit 3 - Troy J. Swedlund's Signed Employment Letter - Letter Dated February 28, 2000, #5 Exhibit 4 - Dennis Paul Sandifer's Signed Employment Letter - Letter Dated February 6, 2004, #6 Exhibit 5 - Troy J. Swedlund's Business Card, #7 Exhibit 6 - Balanced Railscale Certification, LLC's Advertising Materials, #8 Text of Proposed Order)(Davis, William)
February 9, 2016	In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, )
February 8, 2016	Filing 21 NOTICE of Attorney Appearance by Todd W Smith on behalf of Balanced Railscale Certification, LLC, Dennis Sandifer (Smith, Todd)
February 8, 2016	Filing 20 CORPORATE DISCLOSURE STATEMENT filed by Balanced Railscale Certification, LLC (Abraham, Amanda)
February 8, 2016	Filing 19 ORIGINAL ANSWER to #11 Amended Complaint,,, by Dennis Sandifer.(Miller, Anthony)
February 8, 2016	Filing 18 ORIGINAL ANSWER to #11 Amended Complaint,,, by Balanced Railscale Certification, LLC.(Miller, Anthony)
January 25, 2016	Filing 17 ORDER denying #13 Motion for TRO. Signed by Judge Robert W. Schroeder, III on 1/25/2016. (ch, )
January 25, 2016	Filing 16 MOTION to Dismiss for Lack of Jurisdiction and to Dismiss for Failure to State a Claim or in the alternative for More Definite Statement by Balanced Railscale Certification, LLC, Dennis Sandifer. (Attachments: #1 Affidavit of Amanda A. Abraham, #2 Exhibit A, #3 Text of Proposed Order)(Abraham, Amanda)
January 22, 2016	Filing 15 RESPONSE in Opposition re #13 Emergency MOTION for Temporary Restraining Order - Plaintiff Rail Scale, Inc.'s Emergency Motion for Temporary Restraining Order filed by Balanced Railscale Certification, LLC, Dennis Sandifer . (Attachments: #1 Affidavit of Amanda A. Abraham, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Text of Proposed Order)(Abraham, Amanda)
January 22, 2016	Filing 14 MOTION to Strike #11 Amended Complaint,,, , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim, or in the Alternative for More Definite Statement by Balanced Railscale Certification, LLC, Dennis Sandifer. (Attachments: #1 Affidavit of Amanda A. Abraham, #2 Exhibit A, #3 Text of Proposed Order)(Abraham, Amanda)
January 22, 2016	Filing 13 Emergency MOTION for Temporary Restraining Order - Plaintiff Rail Scale, Inc.'s Emergency Motion for Temporary Restraining Order by Rail Scale, Inc.. (Attachments: #1 Exhibit - Verification of Dennis Myers in Support of Plaintiff's Emergency Motion for Temporary Restraining Order, #2 Exhibit A - Rail Scale, Inc.'s Employee Handbook - Revised October 27, 2014, #3 Exhibit B - Rail Scale, Inc.'s Employee Handbook - Revised July 2003, #4 Exhibit C - Signed Acknowledgements, #5 Exhibit D - Signed Employment Letters, #6 Exhibit E - Swedlund's BRC Business Card, #7 Text of Proposed Order - Temporary Restraining Order)(Davis, William)
January 22, 2016	Filing 12 Additional Attachments to Main Document: #11 Amended Complaint,,,.. (Attachments: #1 Text of Proposed Order - Temporary Restraining Order)(Davis, William)
January 21, 2016	Filing 11 AMENDED COMPLAINT - Plaintiff's First Amended Verified Complaint, Emergency Application for Temporary Restraining Order, and Requests for Preliminary and Permanent Injunction against Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund, filed by Rail Scale, Inc.. (Attachments: #1 Exhibit - Verification of Dennis Myers in Support of Plaintiff's First Amended Verified Complaint, #2 Exhibit A - Rail Scale, Inc.'s Employee Handbook - Revised October 27, 2014, #3 Exhibit B - Rail Scale, Inc.'s Employee Handbook - Revised July 2003, #4 Exhibit C - Signed Acknowledgements, #5 Exhibit D - Signed Employment Letters, #6 Exhibit E - Swedlund's BRC Business Card, #7 Text of Proposed Order)(Davis, William)
January 19, 2016	Filing 10 SUMMONS Returned Executed by Rail Scale, Inc.. Balanced Railscale Certification, LLC served on 1/7/2016, answer due 1/28/2016. (ch, )
January 19, 2016	Filing 9 SUMMONS Returned Executed by Rail Scale, Inc.. Dennis Sandifer served on 1/7/2016, answer due 1/28/2016. (ch, )
January 12, 2016	Filing 8 MOTION for Leave to Take Expedited Discovery in Support of Preliminary Injunction by Rail Scale, Inc.. (Attachments: #1 Text of Proposed Order)(Davis, William)
January 11, 2016	Filing 7 NOTICE of Attorney Appearance by Rusty Jonathan O'Kane on behalf of Rail Scale, Inc. (O'Kane, Rusty)
January 11, 2016	Filing 6 NOTICE of Attorney Appearance by Lesley David Anderson on behalf of Rail Scale, Inc. (Anderson, Lesley)
January 7, 2016	Filing 5 SUMMONS Issued as to Troy Swedlund. (ch, )
January 5, 2016	Filing 4 CORPORATE DISCLOSURE STATEMENT filed by Rail Scale, Inc. (Davis, William)
January 4, 2016	Filing 3 SUMMONS Issued as to Balanced Railscale Certification, LLC, (Attachments: #1 Dennis P Sandifer, #2 Troy Swedlund)(ch, )
January 4, 2016	Filing 2 ORDER REFERRING CASE to Magistrate Judge Roy S. Payne. Signed by Judge Robert W. Schroeder, III on 1/4/2016. (ch, )
January 4, 2016	Case assigned to Judge Robert W. Schroeder, III. (ch, )
January 4, 2016	In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, )
December 30, 2015	Filing 1 COMPLAINT and Application for Preliminary and Permanent Injunction against Balanced Railscale Certification, LLC, Dennis Sandifer, Troy Swedlund ( Filing fee $ 400 receipt number 0540-5546532.), filed by Rail Scale, Inc.. (Attachments: #1 Civil Cover Sheet)(Davis, William)

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Search for this case: Rail Scale, Inc. v. Balanced Railscale Certification, LLC et al
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Not classified by court: Bonnie Leggat
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Plaintiff: Rail Scale, Inc.
Represented By:	Edward Chin
Represented By:	Lesley David Anderson
Represented By:	Rusty Jonathan O'Kane
Represented By:	William Ellsworth Davis, III
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Defendant: Balanced Railscale Certification, LLC
Represented By:	Anthony P Miller
Represented By:	Amanda Aline Abraham
Represented By:	Carl R Roth
Represented By:	John Jeffery Patti
Represented By:	Steven Scott Pershern
Represented By:	Todd W Smith
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Defendant: Troy Swedlund
Represented By:	Amanda Aline Abraham
Represented By:	Carl R Roth
Represented By:	Anthony P Miller
Represented By:	John Jeffery Patti
Represented By:	Steven Scott Pershern
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Counter claimant: Dennis Sandifer
Represented By:	Amanda Aline Abraham
Represented By:	Todd W Smith
Represented By:	Anthony P Miller
Represented By:	John Jeffery Patti
Represented By:	Steven Scott Pershern
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