Terex South Dakota, Inc. et al v. Sinoboom North America, LLC
Plaintiff: Terex USA, LLC and Terex South Dakota, Inc.
Defendant: Sinoboom North America, LLC
Case Number: 4:2021cv00287
Filed: January 28, 2021
Court: US District Court for the Southern District of Texas
Presiding Judge: David Hittner
Nature of Suit: Trademark
Cause of Action: 15 U.S.C. § 1114 Trademark Infringement
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 7, 2021 Opinion or Order Filing 90 Order of USCA re: #84 Notice of Appeal, ; USCA No. 21-20509. the appeal is dismissed as of October 07, 2021, pursuant to the joint motion of the parties, filed.(dbenavides, 1)
October 6, 2021 *** Electronic access to ROA not granted. Attorneys have not yet filed notice of appearance with the Fifth Circuit, filed. (JenniferLongoria, 1)
October 6, 2021 Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: #84 Notice of Appeal, USCA No. 21-20509, filed.(JenniferLongoria, 1)
October 5, 2021 Filing 89 CONSENT JUDGMENT #88 MOTION FOR ENTRY OF CONSENT JUDGMENT, #43 MOTION to Dismiss #40 Amended Answer,,, Counterclaim,, (Motion to Dismiss Count I of Amended Counterclaims), #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I of Defendant's Counterclaims. Case terminated on October 5, 2021(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
October 5, 2021 Filing 88 MOTION FOR ENTRY OF CONSENT JUDGMENT by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 10/26/2021. (Attachments: #1 Proposed Order)(Kinser, Kirte)
September 30, 2021 Filing 87 NOTICE OF WITHDRAWAL OF MOTION WITHOUT PREJUDICE re: #70 MOTION to Compel Answers to Discovery by Terex South Dakota, Inc., Terex USA, LLC, filed. (Kinser, Kirte)
September 29, 2021 Filing 86 DKT13 TRANSCRIPT ORDER REQUEST by Thomas R. Johnson. Transcript is already on file in Clerks office regarding Motion Hearing on 05/24/21 and 05/25/21 before Judge Hittner. (No transcript is needed). Court Reporter/Transcriber: Nichole Forrest. This order form relates to the following: #55 Transcript, #51 Transcript, #84 Notice of Appeal,, filed. (Johnson, Thomas)
September 24, 2021 Notice of Assignment of USCA No. 21-20509 re: #84 Notice of Appeal,, filed.(dbenavides, 1)
September 16, 2021 Filing 85 Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #84 Notice of Appeal,. Fee status: Paid. Reporter(s): K. Miller, N. Forrest, filed. (Attachments: #1 Notice of Appeal) (JenniferLongoria, 1)
September 16, 2021 Appeal Review Notes re: #84 Notice of Appeal,. Fee status: Paid. The appeal filing fee has been paid or an ifp motion has been granted.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal.Two (2) transcripts were produced. Number of DKT-13 Forms expected: 4, filed.(JenniferLongoria, 1)
September 15, 2021 Filing 84 NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #74 Order on Motion for Preliminary Injunction,, by Sinoboom North America, LLC (Filing fee $ 505, receipt number 0541-27049799), filed. (Attachments: #1 Exhibit A: DI 74 - 08/16/21 Findings of Fact & Conclusions of Law & Order of Preliminary Injunction)(Johnson, Thomas)
September 3, 2021 Opinion or Order Filing 83 ORDER denying #81 Motion to Stay Discovery and Pending Deadlines to Facilitate Settlement.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
September 2, 2021 Filing 82 NOTICE of Resetting as to #70 MOTION to Compel Answers to Discovery. Parties notified. Motion Hearing set for 10/1/2021 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray, filed. (jmarchand, 4)
September 1, 2021 Filing 81 Unopposed MOTION to Stay Discovery and Pending Deadlines to Facilitate Settlement by Sinoboom North America, LLC, filed. Motion Docket Date 9/22/2021. (Attachments: #1 Proposed Order)(Johnson, Thomas)
August 31, 2021 Filing 80 NOTICE of Setting as to #70 MOTION to Compel Answers to Discovery. Parties notified. Motion Hearing set for 9/3/2021 at 10:00 AM in by video before Magistrate Judge Peter Bray, filed. (jmarchand, 4)
August 24, 2021 Opinion or Order Filing 79 ORDER granting #78 Motion for Thomas W. Cunningham to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
August 23, 2021 Filing 78 MOTION for Thomas W. Cunningham to Appear Pro Hac Vice by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 9/13/2021. (hlerma, 4)
August 23, 2021 Filing 77 REPLY in Support of #70 MOTION to Compel Answers to Discovery, filed by Terex South Dakota, Inc.. (Attachments: #1 Exhibit J - Charlie Li LinkedIn page, #2 Declaration of Thomas W. Cunningham)(Lorelli, Marc)
August 18, 2021 Filing 76 NOTICE re Posting of Injunction Bond for Approval by the Court re: #74 Order on Motion for Preliminary Injunction,, by Terex South Dakota, Inc., filed. (Attachments: #1 Exhibit A - Injunction Bond, #2 Proposed Order)(Lorelli, Marc)
August 16, 2021 Filing 75 RESPONSE in Opposition to #70 MOTION to Compel Answers to Discovery, filed by Sinoboom North America, LLC. (Attachments: #1 Affidavit Declaration of Kolin Kirschenmann, #2 Affidavit Declaration of Elisabeth Muirhead, #3 Exhibit Muirhead Declaration Ex. 1 Sinoboom First Sets of Discovery Requests, #4 Exhibit Muirhead Declaration Ex. 2 Terex First Sets of Discovery Requests, #5 Exhibit Muirhead Declaration Ex. 3 Email Chain between Cunningham and Muirhead, #6 Exhibit Muirhead Declaration Ex. 4 Terex Interrogatory Responses, #7 Exhibit Muirhead Declaration Ex. 5 2021 07 06 Cunningham Letter, #8 Exhibit Muirhead Declaration Ex. 6 2021 07 20 Johnson Letter, #9 Proposed Order)(Johnson, Thomas)
August 16, 2021 Opinion or Order Filing 74 ORDER granting #8 Motion for Preliminary Injunction. Defendant is immediately enjoined from selling, promoting, advertising, using, or displaying any of its blue MEWP's in the United States. The injunction shall remain in effect throughout the pendency of this case. The Court further Orders that Plaintiffs shall post a bond in accordance with FRCP 65(c) in the total amount of $1,000,000.00. The preliminary injunction shall go into effect after Terex South Dakota, Inc. and Terex USA, LLC's bond is posted and approved by the Court.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
August 6, 2021 Opinion or Order Filing 73 ORDER granting #72 Motion for Elizabeth S. Muirhead to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
August 5, 2021 Filing 72 MOTION for Elisabeth S. Muirhead to Appear Pro Hac Vice by Sinoboom North America, LLC, filed. Motion Docket Date 8/26/2021. (Wynne, David)
July 27, 2021 Filing 71 NOTICE of Referral of Motion to Magistrate Judge Peter Bray re #70 MOTION to Compel Answers to Discovery, filed. (ealexander, 4)
July 26, 2021 Filing 70 MOTION to Compel Answers to Discovery by Terex South Dakota, Inc., filed. Motion Docket Date 8/16/2021. (Attachments: #1 Brief in Support, #2 Proposed Order, #3 Exhibit A - 3-30-21 Terex 1st Set of Document Requests to Sinoboom, #4 Exhibit B - 3-30-21 Terex 1st Set of Document Requests to Sinoboom, #5 Exhibit C - 4-29-21 Sinoboom Response to Terex 1st Set of Interrogatories, #6 Exhibit D - 4-29-21 Sinoboom Response to Terex 1st Set of Document Requests, #7 Exhibit E - 7-6-21 Letter Cunningham to Johnson, #8 Exhibit F - 7-16-21 Email Cunningham to Johnson, #9 Exhibit G - 7-20-21 Letter Johnson to Cunningham, #10 Exhibit H - 7-26-21 Email Cunningham to Johnson, #11 Exhibit I - Sinoboom US Whois Results)(Lorelli, Marc)
June 30, 2021 Opinion or Order Filing 69 ORDER granting #68 Motion for Entry of Order STIPULATED PROTECTIVE ORDER.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
June 29, 2021 Filing 68 Joint MOTION for Entry of Order re: Entry of Protective Order by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 7/20/2021. (Attachments: #1 Proposed Order Ex A - Proposed Protective Order)(Lorelli, Marc)
June 21, 2021 Filing 67 REPLY in Support of #43 MOTION to Dismiss #40 Amended Answer,,, Counterclaim,, (Motion to Dismiss Count I of Amended Counterclaims), filed by Terex South Dakota, Inc.. (Lorelli, Marc)
June 16, 2021 Filing 66 PROPOSED ORDER re: #8 MOTION for Preliminary Injunction, filed.(Lorelli, Marc)
June 16, 2021 Filing 65 Proposed Findings of Fact/Conclusions of Law by Sinoboom North America, LLC(Johnson, Thomas)
June 16, 2021 Filing 64 Proposed Findings of Fact/Conclusions of Law by Terex South Dakota, Inc.(Lorelli, Marc)
June 15, 2021 Filing 63 Hearing EXHIBITS by Terex South Dakota, Inc. (Lorelli, Marc)
June 8, 2021 Opinion or Order Filing 62 ORDER granting #61 Agreed MOTION for Extension of Time to file Reply to Motion to Dismiss Count 1 of Defendant's Counterclaim and identification of expert witnesses. Deadline to reply due by 6/21/2021., Plaintiff's identification of expert witnesses due by 6/21/2021., Plaintiff's deadline to serve expert reports shall remain on August 10, 2021)(Signed by Judge David Hittner) Parties notified.(olindor, 4)
June 4, 2021 Filing 61 Agreed MOTION for Extension of Time to file Reply to Motion to Dismiss Count 1 of Defendant's Counterclaim and identification of expert witnesses by Terex South Dakota, Inc., filed. Motion Docket Date 6/25/2021. (Attachments: #1 Proposed Order)(Lorelli, Marc)
June 4, 2021 Filing 60 RESPONSE in Opposition to #43 MOTION to Dismiss #40 Amended Answer,,, Counterclaim,, (Motion to Dismiss Count I of Amended Counterclaims), filed by Sinoboom North America, LLC. (Johnson, Thomas)
June 2, 2021 Filing 59 Trial EXHIBITS by Terex South Dakota, Inc. (Attachments: #1 Exhibit Tab 1 - Hislop, #2 Exhibit Tab 2 - Hislop, #3 Exhibit Tab 3 - Hislop, #4 Exhibit Tab 4 - Hislop)(Lorelli, Marc)
June 2, 2021 Filing 58 Trial EXHIBITS by Terex South Dakota, Inc. (Attachments: #1 Exhibit Tab 1 - Meyer, #2 Exhibit Tab 2 - Meyer, #3 Exhibit Tab 3 - Meyer, #4 Exhibit Tab 4 - Meyer, #5 Exhibit Tab 5 - Meyer, #6 Exhibit Tab 6 - Meyer, #7 Exhibit Tab 7 - Meyer, #8 Exhibit Tab 8 - Meyer, #9 Exhibit Tab 9 - Meyer, #10 Exhibit Tab 10 - Meyer, #11 Exhibit Tab 11 - Meyer)(Lorelli, Marc)
June 2, 2021 Filing 57 Trial EXHIBITS by Terex South Dakota, Inc. (Attachments: #1 Exhibit Tab 1, #2 Exhibit Tab 2, #3 Exhibit Tab 3, #4 Exhibit Tab 4, #5 Exhibit Tab 5, #6 Exhibit Tab 6, #7 Exhibit Tab 7, #8 Exhibit Tab 8, #9 Exhibit Tab 9, #10 Exhibit Tab 10, #11 Exhibit Tab 11, #12 Exhibit Tab 12 - Part 1, #13 Exhibit Tab 12 - Part 2, #14 Exhibit Tab 12 - Part 3, #15 Exhibit Tab 13 - Part 1, #16 Exhibit Tab 13 - Part 2, #17 Exhibit Tab 13 - Part 3, #18 Exhibit Tab 13 - Part 4)(Lorelli, Marc)
May 28, 2021 Filing 56 Notice of Filing of Official Transcript as to #55 Transcript. Party notified, filed. (dhansen, 4)
May 27, 2021 Filing 55 TRANSCRIPT re: Hearing Day 2 held on 5/27/21 before Judge David Hittner. Court Reporter/Transcriber Nichole Forrest, RDR, CRR, CRC. Release of Transcript Restriction set for 8/25/2021., filed. (NicholeForrest, ) (dhansen, 4).
May 27, 2021 Filing 54 AO 435 TRANSCRIPT REQUEST by Sinoboom North America LLC for Transcript of Preliminary Injunction Hearing on 5/24-5/25/2015 before Judge Hittner. 3-Day turnaround requested. Court Reporter/Transcriber: Nichole Forrest, filed. (Johnson, Thomas)
May 27, 2021 Filing 53 Trial EXHIBITS by Sinoboom North America, LLC (Johnson, Thomas)
May 27, 2021 Filing 52 Notice of Filing of Official Transcript as to #51 Transcript. Party notified, filed. (hcarr, 4)
May 26, 2021 Filing 51 TRANSCRIPT re: HEARING - DAY 1 held on 5/24/21 before Judge David Hittner. Court Reporter/Transcriber Nichole Forrest, RDR, CRR, CRC. Release of Transcript Restriction set for 8/24/2021., filed. (NicholeForrest, )
May 26, 2021 Opinion or Order Filing 49 ORDER granting #47 Motion for Extension of Time. Plaintiff's Motion to Dismiss Count 1 of Defendant's Counterclaim is extended to June 4, 2021.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
May 25, 2021 Filing 50 Minute Entry for proceedings held before Judge David Hittner. MOTION HEARING held on 5/25/2021 on the preliminary injunction. Testimony taken. Defendant's Exhibits A_E admitted into evidence and attached. Findings of Fact and Conclusions of Law due June 16, 2021. Appearances: Michael Erbele, Thomas R Johnson, Marc Lorelli, Kirte Matheu Kinser.(Court Reporter: Nichole Forrest), filed.(ealexander, 4)
May 25, 2021 Filing 47 Agreed MOTION for Extension of Time Answer Plaintiff's Motion to Dismiss Count 1 of Defendant's Counterclaim by Sinoboom North America, LLC, filed. Motion Docket Date 6/15/2021. (Attachments: #1 Proposed Order)(Wynne, David)
May 24, 2021 Filing 48 Minute Entry for proceedings held before Judge David Hittner. Preliminary MOTION HEARING held on 5/24/2021. Testimony taken. Preliminary Injunction hearing continued to Tuesday, May 25, 2021 at 11:30 a.m. Appearances: David Edwards Wynne, Michael Erbele, Thomas R Johnson, Marc Lorelli, Kirte Matheu Kinser.(Court Reporter: Nichole Forrest), filed.(ealexander, 4)
May 21, 2021 Filing 46 Minute Entry for proceedings held before Judge David Hittner. MISCELLANEOUS HEARING held on 5/21/2021 by video. Rulings made as stated on the record. Appearances: Michael Erbele, Thomas R Johnson, Marc Lorelli, Kirte Matheu Kinser, Rebecca J Cantor.(Court Reporter: Nichole Forrest), filed.(ealexander, 4)
May 20, 2021 Filing 45 NOTICE of Setting. Parties notified. Final Hearing set for 5/21/2021 at 02:30 PM in by video before Judge David Hittner, filed. (ealexander, 4)
May 7, 2021 Filing 44 ANSWER to #40 Amended Answer,,, Counterclaim,, with Jury Demand by Terex South Dakota, Inc., Terex USA, LLC, filed.(Lorelli, Marc)
May 7, 2021 Filing 43 MOTION to Dismiss #40 Amended Answer,,, Counterclaim,, (Motion to Dismiss Count I of Amended Counterclaims) by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 5/28/2021. (Attachments: #1 Plaintiffs' Brief in Support of Motion to Dismiss Count I of Defendant's Amended Counterclaims Pursuant to Fed. R. Civ. P. 12(b)(6), #2 Proposed Order)(Lorelli, Marc)
April 30, 2021 Filing 42 NOTICE OF SERVICE of Mandatory Initial Discovery Responses by Terex South Dakota, Inc., Terex USA, LLC, filed. (Kinser, Kirte)
April 23, 2021 Filing 41 RESPONSE in Opposition to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I of Defendant's Counterclaims, filed by Sinoboom North America, LLC. (Johnson, Thomas)
April 23, 2021 Filing 40 AMENDED ANSWER to with JURY DEMAND, COUNTERCLAIM against Terex South Dakota, Inc., Terex USA, LLC by Sinoboom North America, LLC, filed. (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Johnson, Thomas)
April 13, 2021 Filing 39 NOTICE of Setting. Parties notified.Preliminary Injunctionn Hearing set for 5/24/2021 at 10:00 AM in Courtroom 8A before Judge David Hittner, filed. (ealexander, 4)
April 8, 2021 Opinion or Order Filing 38 SCHEDULING ORDER. Trial Term: May/June 2022. ETT: 1 week. Jury trial. Amended Pleadings due by 5/7/2021. Joinder of Parties due by 5/7/2021 Pltf Expert Witness List due by 6/11/2021. Deft Expert Witness List due by 7/9/2021. Discovery due by 10/29/2021. Dispositive Motion Filing due by 11/30/2021. Non-Dispositive Motion Filing due by 11/30/2021. Joint Pretrial Order due by 4/29/2022.(Signed by Magistrate Judge Peter Bray) Parties notified.(jmarchand, 4)
April 8, 2021 Filing 37 Minute Entry for proceedings held before Magistrate Judge Peter Bray. SCHEDULING CONFERENCE held on 4/8/2021. Scheduling order issued. Appearances: David Edwards Wynne, Thomas R Johnson, Marc Lorelli, Kirte Matheu Kinser.(Court Reporter: K. Miller), filed.(jmarchand, 4)
April 2, 2021 Filing 36 ANSWER to #19 Answer to Complaint,,, Counterclaim,, with Jury Demand by Terex South Dakota, Inc., Terex USA, LLC, filed.(Lorelli, Marc)
April 2, 2021 Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Count I of Defendant's Counterclaims by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 4/23/2021. (Attachments: #1 Brief in Support, #2 Proposed Order)(Lorelli, Marc)
April 2, 2021 Filing 34 SURREPLY to #8 MOTION for Preliminary Injunction, filed by Sinoboom North America, LLC. (Johnson, Thomas)
March 30, 2021 Opinion or Order Filing 33 ORDER granting #31 Motion for Rebecca J. Cantor to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
March 29, 2021 Filing 32 JOINT DISCOVERY/CASE MANAGEMENT PLAN by Terex South Dakota, Inc., Terex USA, LLC, filed.(Lorelli, Marc)
March 29, 2021 Filing 31 MOTION for Rebecca J. Cantor to Appear Pro Hac Vice by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 4/19/2021. (mmapps, 4)
March 26, 2021 Filing 30 REPLY in Support of #8 MOTION for Preliminary Injunction, filed by Terex South Dakota, Inc., Terex USA, LLC. (Attachments: #1 Exhibit 10 - Chad Hislop Declaration, #2 Exhibit 11 - File History Reg 3540392 - Part 1, #3 Exhibit 11 - Part 2, #4 Exhibit 11 - Part 3, #5 Exhibit 11 - Part 4, #6 Exhibit 11 - Part 5, #7 Exhibit 12 - File History Reg 5970650 - Part 1, #8 Exhibit 12 - Part 2, #9 Exhibit 12 - Part 3, #10 Exhibit 12 - Part 4, #11 Exhibit 13 - TMEP 807-14 and 1212-06)(Lorelli, Marc)
March 24, 2021 Opinion or Order Filing 29 ORDER granting #28 Motion for Leave to File Excess Pages.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
March 23, 2021 Filing 28 Unopposed MOTION for Leave to File Excess Pages by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 4/13/2021. (Attachments: #1 Proposed Order)(Kinser, Kirte)
March 16, 2021 Opinion or Order Filing 27 ORDER granting #24 Motion for Extension of Time to File Reply Brief. Plaintiffs shall have to and including March 26, 2021 in which to file their reply brief in support of their Application for Preliminary Injunction.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
March 16, 2021 Opinion or Order Filing 26 ORDER granting #23 Motion for Leave to File Expanded Brief(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
March 16, 2021 Opinion or Order Filing 25 ORDER granting #21 Motion for Leave to Exceed Page Limit.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
March 15, 2021 Filing 24 Agreed MOTION for Extension of Time Time to File Reply Brief by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 4/5/2021. (Attachments: #1 Proposed Order)(Kinser, Kirte)
March 15, 2021 Filing 23 Agreed MOTION for Leave to File Expanded Brief by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 4/5/2021. (Attachments: #1 Proposed Order)(Kinser, Kirte)
March 12, 2021 Filing 22 RESPONSE in Opposition to #8 MOTION for Preliminary Injunction, filed by Sinoboom North America, LLC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Affidavit, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Exhibit 4, #11 Exhibit 5, #12 Exhibit 6, #13 Exhibit 7, #14 Exhibit 8, #15 Exhibit 9, #16 Exhibit 10, #17 Exhibit 11, #18 Exhibit 12, #19 Exhibit 13, #20 Exhibit 14, #21 Exhibit 15, #22 Exhibit 16, #23 Exhibit 17, #24 Exhibit 18, #25 Proposed Order)(Wynne, David)
March 12, 2021 Filing 21 Unopposed MOTION for Leave to File Exceed Page Limit by Sinoboom North America, LLC, filed. Motion Docket Date 4/2/2021. (Attachments: #1 Proposed Order)(Wynne, David)
March 12, 2021 Filing 20 CORPORATE DISCLOSURE STATEMENT by Sinoboom North America, LLC identifying Hunan Sinoboom Intelligent Equipment Co., Ltd. No. 128 as Corporate Parent, filed.(Wynne, David)
March 12, 2021 Filing 19 ANSWER to #1 Complaint, with Jury Demand, COUNTERCLAIM against Terex South Dakota, Inc., Terex USA, LLC by Sinoboom North America, LLC, filed. (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18)(Wynne, David)
February 24, 2021 Opinion or Order Filing 18 ORDER granting #16 Motion for Thomas Johnson to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
February 24, 2021 Opinion or Order Filing 17 ORDER granting #15 Motion for Michael Erbele to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
February 23, 2021 Filing 16 MOTION for Thomas Johnson to Appear Pro Hac Vice by Sinoboom North America, LLC, filed. Motion Docket Date 3/16/2021. (Wynne, David)
February 23, 2021 Filing 15 MOTION for Michael Erbele to Appear Pro Hac Vice by Sinoboom North America, LLC, filed. Motion Docket Date 3/16/2021. (Wynne, David)
February 22, 2021 Opinion or Order Filing 14 ORDER that Sinoboom shall answer, move, or otherwise plead in response to the complaint by and including through March 12, 2021; Sinoboom shall file a response brief in opposition to Plaintiffs' Motion for Preliminary Injunction by and including through march 12, 2021.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
February 19, 2021 Filing 13 STIPULATION re: Agreed Motion to Accept Service and Set Briefing Schedule by Terex South Dakota, Inc., Terex USA, LLC, filed. (Attachments: #1 Proposed Order)(Siebman, Clyde)
February 5, 2021 Opinion or Order Filing 12 ORDER granting #10 Motion for Marc Lorelli to Appear Pro Hac Vice.(Signed by Judge David Hittner) Parties notified.(ealexander, 4)
February 5, 2021 Filing 11 RETURN of Service of SUMMONS Executed as to Sinoboom North America, LLC served on 2/2/2021, answer due 2/23/2021, filed.(Siebman, Clyde)
February 4, 2021 Filing 10 MOTION for Marc Lorelli to Appear Pro Hac Vice by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 2/25/2021. (Lorelli, Marc)
February 3, 2021 Preliminary Injunction Motion Hearing is terminated. (ealexander, 4)
February 2, 2021 Filing 9 NOTICE of Setting. Parties notified. Motion Hearing set for 2/10/2021 on Motion for Preliminary Injunction at 10:00 AM in Courtroom 8A before Judge David Hittner, filed. (ealexander, 4)
January 29, 2021 Filing 8 MOTION for Preliminary Injunction by Terex South Dakota, Inc., Terex USA, LLC, filed. Motion Docket Date 2/19/2021. (Attachments: #1 Exhibit Brief In Support, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Proposed Order)(Siebman, Clyde)
January 29, 2021 Filing 7 US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (ClaudiaGutierrezadi, 4)
January 29, 2021 Opinion or Order Filing 6 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 4/8/2021 at 10:00 AM in Courtroom 703 before Magistrate Judge Peter Bray. (Signed by Judge David Hittner) Parties notified.(ClaudiaGutierrezadi, 4)
January 29, 2021 Filing 5 Summons Issued as to Sinoboom North America, LLC. Issued summons delivered to plaintiff by NEF, filed.(ChristopherSarrat, 4)
January 28, 2021 Filing 4 CORPORATE DISCLOSURE STATEMENT by Terex USA, LLC, filed.(Siebman, Clyde)
January 28, 2021 Filing 3 CORPORATE DISCLOSURE STATEMENT by Terex South Dakota, Inc., filed.(Siebman, Clyde)
January 28, 2021 Filing 2 Request for Issuance of Summons as to Sinoboom North America, LLC, filed.(Siebman, Clyde)
January 28, 2021 Filing 1 COMPLAINT against Sinoboom North America, LLC (Filing fee $ 402 receipt number 0541-25881668) filed by Terex South Dakota, Inc., Terex USA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet)(Siebman, Clyde)

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Plaintiff: Terex USA, LLC
Represented By: Clyde Moody Siebman
Represented By: Kirte Matheu Kinser
Represented By: Marc Lorelli
Represented By: Thomas W Cunningham
Represented By: Rebecca J Cantor
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Plaintiff: Terex South Dakota, Inc.
Represented By: Clyde Moody Siebman
Represented By: Kirte Matheu Kinser
Represented By: Marc Lorelli
Represented By: Rebecca J Cantor
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Defendant: Sinoboom North America, LLC
Represented By: Michael Erbele
Represented By: Thomas R Johnson
Represented By: David Edwards Wynne
Represented By: Elisabeth S Muirhead
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