Leitner-Wise v. Clark, et al.
| Paul Andrew Leitner-Wise |
| Southern Gun Company, Ltd., Robert Bernard Iredale Clark and Eugene L. Flanagan, III |
| 3:2019cv00030 |
| January 10, 2019 |
| US District Court for the Eastern District of Virginia |
| M Hannah Lauck |
| Patent |
| 35 U.S.C. § 271 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 27, 2019. A more recent docket listing may be available from PACER.
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| Filing 38 MOTION to Withdraw or to be Relieved From the Requirement of Retaining Local Counsel by Paul Andrew Leitner-Wise. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (smej, ) |
Filing 37
MEMORANDUM ORDER. The Court DIRECTS the Clerk to file the Letter as a motion to withdraw or for relief from the requirement of local counsel. This motion is DENIED. The Court DIRECTS Counsel for Plaintiff to take the appropriate steps to comply with the procedural requirements of Local Rule 83.1, specifically to obtain local counsel so that Counsel for Plaintiff may properly appear before this Court pro hac vice. Counsel for Plaintiff is FURTHER REMINDED that, as an officer of the Court, he should not engage in conduct outside the procedural rules. SEE ORDER FOR DETAILS. Signed by District Judge M. Hannah Lauck on 02/27/2019. (Copy sent to Plaintiff's Counsel) (smej, )
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Filing 36
ORDER - Counsel for Leitner-Wise failed to respond to the Court's January 16, 2019 letter and failed to comply with Local Rule 83.1. Specifically, Counsel for Leitner-Wise has neither filed a motion to appear before the Court pro hac vice nor designated local counsel for this matter. The Court ORDERS Counsel for Leitner-Wise to explain his failure to comply with the requirements of Local Rule 83.1 and to comply with those requirements no later than close of business February 20, 2019. Signed by District Judge M. Hannah Lauck on 02/12/2019. (Copy mailed to Plaintiff's Counsel) (smej, )
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| Notice of Correction re #35 Memorandum in Support: Clerk has notified filing attorney of proper filing procedures for when uploading multiple exhibits in a docket entry. The Clerk has corrected the docket entry. (smej, ) |
| Filing 35 Memorandum in Support re #34 MOTION to Dismiss filed by Eugene L. Flanagan, III. (Attachments: #1 Exhibit 1)(Mitchell, William) (Attachment 1 replaced on 1/22/2019) (smej, ). (Additional attachment(s) added on 1/22/2019: #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (smej, ). Modified to correct docket text on 1/22/2019 (smej, ). |
| Filing 34 MOTION to Dismiss by Eugene L. Flanagan, III. (Attachments: #1 Proposed Order)(Mitchell, William) |
| Filing 33 Memorandum in Support re #32 MOTION to Dismiss or Alternatively, for Summary Judgment filed by Robert Bernard Iredale Clark, Southern Gun Company, Ltd.. (Attachments: #1 Exhibit A. - U.S. Patent, #2 Exhibit B. - Firearm Bolt Assembly, #3 Exhibit C. - Application Amendment, #4 Exhibit D. - Application, #5 Exhibit E. - Agreement, #6 Exhibit F. - Memorandum Opinion, #7 Exhibit G. - Assignment Abstract of Title, #8 Exhibit H. - Declaration of POA, #9 Exhibit I. - U.S. Patent, #10 Exhibit J. - Assignment of Abstract of title for Application, #11 Exhibit K. - Combined Delcaration of POA, #12 Exhibit L. - Letter, #13 Exhibit M. - Declaratio of Paul Leitner Wise)(McCann, Clifton) |
| Filing 32 MOTION to Dismiss or Alternatively, for Summary Judgment by Robert Bernard Iredale Clark, Southern Gun Company, Ltd.. (McCann, Clifton) |
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Filing 31
ORDER granting #29 Motion for Aaron L. Handleman to appear as Pro hac vice for Eugene L. Flanagan, III. Signed by District Judge M. Hannah Lauck on 01/17/2019. (smej, )
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| Filing 30 Letter from the Clerk sent to attorneys Matthew A. LeFande and Aaron L. Handleman regarding Local Rule 83.1 (letters mailed USP along with copy of Local Rule 83.1). (smej, ) |
| Filing 29 Motion to appear Pro Hac Vice by Aaron L. Handleman and Certification of Local Counsel William L. Mitchell, II by Eugene L. Flanagan, III. (Attachments: #1 Motion for Pro Hac Vice)(Mitchell, William) |
| Filing 28 NOTICE of Appearance by William Leonard Mitchell, II on behalf of Eugene L. Flanagan, III (Mitchell, William) |
| Electronic Fee Payment - Pro Hac Vice as to #29 Motion to appear Pro Hac Vice by Aaron L. Handleman and Certification of Local Counsel William L. Mitchell, II by Eugene L. Flanagan, III. Filing fee $ 75, receipt number 0422-6447165.. (Mitchell, William) |
| Filing 27 Case transferred in from District of District of Columbia; Case Number 1:18-cv-00771. Original file and docket sheet received. |
| Case transferred to the USDC for the Eastern District of Virginia, pursuant to Court Order entered 12/26/18. Sent to Court Electronically. (zrdj) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 26 MEMORANDUM OPINION regarding #18 Defendant Eugene L. Flanagan III's Motion to Dismiss and defendants Robert Bernard Iredale Clark and Southern Gun Company, Ltd.'s #19 Motion to Dismiss First Amended Complaint or, Alternatively, for Summary Judgment. Signed by Chief Judge Beryl A. Howell on December 26, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.] |
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Filing 25
ORDER GRANTING IN PART and DENYING IN PART #18 Defendant Eugene L. Flanagan III's Motion to Dismiss and defendants Robert Bernard Iredale Clark and Southern Gun Company, Ltd.'s #19 Motion to Dismiss First Amended Complaint or, Alternatively, for Summary Judgment. See Order for more details. Signed by Chief Judge Beryl A. Howell on December 26, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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MINUTE ORDER (paperless) DENYING as moot defendants Robert Bernard Iredale Clark and Southern Gun Company, Ltd.'s #12 Motion to Dismiss and #15 Defendant Eugene L. Flanagan, III's Motion to Dismiss given that the #1 Complaint is no longer operative. Signed by Chief Judge Beryl A. Howell on October 11, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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MINUTE ORDER (paperless) GRANTING the defendant-counsel's #24 Praecipe to Withdraw Appearance. Signed by Chief Judge Beryl A. Howell on October 10, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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| Filing 24 MOTION to Withdraw as Attorney by EUGENE L. FLANAGAN, III (Handleman, Aaron) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 23 REPLY to opposition to motion re #19 MOTION to Dismiss FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION for Summary Judgment filed by ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD.. (Attachments: #1 Exhibit A, #2 Exhibit B)(McCann, Clifton) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 22 REPLY to opposition to motion re #18 MOTION to Dismiss the First Amended Complaint filed by EUGENE L. FLANAGAN, III. (Attachments: #1 Exhibit)(Hornstein, David) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 21 RESPONSE re #19 MOTION to Dismiss FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION for Summary Judgment , #18 MOTION to Dismiss filed by PAUL ANDREW LEITNER-WISE. (Attachments: #1 Reply in Support of Petition for Certiorari, #2 Declaration of Plaintiff, #3 Text of Proposed Order)(LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
| Set/Reset Deadlines: Plaintiff's oppositions, if any, to Dispositive Motions due by 9/28/2018. (tg) [Transferred from District of Columbia on 1/10/2019.] |
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MINUTE ORDER (paperless) GRANTING the plaintiff's #20 Motion for Extension of Time as conceded. See #4 Standing Order 6(b). By September 28, 2018, the plaintiff shall file any oppositions to the defendants' #18 and #19 Motions to Dismiss. Signed by Chief Judge Beryl A. Howell on September 10, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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| Filing 20 MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss FIRST AMENDED COMPLAINT OR, ALTERNATIVELY, MOTION for Summary Judgment , #18 MOTION to Dismiss by PAUL ANDREW LEITNER-WISE (Attachments: #1 Text of Proposed Order)(LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 19 MOTION to Dismiss FIRST AMENDED COMPLAINT OR, ALTERNATIVELY,, MOTION for Summary Judgment by ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (Attachments: #1 Memorandum in Support, #2 Exhibit A - '410 Patent, #3 Exhibit B - '784 Application, #4 Exhibit C - '784 Patent, #5 Exhibit D - '784 Office Action, #6 Exhibit E - 2006 Assignment, #7 Exhibit F - District of Maryland Memorandum Opinion, #8 Exhibit G - 2008 Assignment, #9 Exhibit H - 2010 Declaration, #10 Exhibit I - '622 Patent, #11 Exhibit J - 2010 Assignment)(McCann, Clifton) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 18 MOTION to Dismiss , by EUGENE L. FLANAGAN, III (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order, #3 Memorandum in Support, #4 Exhibit)(Handleman, Aaron) Modified on 8/20/2018 (zrdj). [Transferred from District of Columbia on 1/10/2019.] |
| Set/Reset Deadlines: Answer to the Complaint due by 8/17/2018. (tg) [Transferred from District of Columbia on 1/10/2019.] |
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MINUTE ORDER (paperless) GRANTING the parties' #17 Joint Consent Motion for Extension of Time for Defendants Robert Bernard Iredale Clark, Southern Gun Company, Ltd., and Eugene L. Flanagan III, Esq. to Respond to Plaintiff's First Amended Complaint. Accordingly, the defendants shall, by August 17, 2018, file an answer or otherwise respond to the plaintiff's First Amended Complaint. Signed by Chief Judge Beryl A. Howell on July 26, 2018. (lcbah2) [Transferred from District of Columbia on 1/10/2019.]
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| Filing 17 Consent MOTION for Extension of Time to File Answer or Other Response to First Amended Complaint by EUGENE L. FLANAGAN, III (Attachments: #1 Text of Proposed Order)(Hornstein, David) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 16 AMENDED COMPLAINT against All Defendants with Jury Demand filed by PAUL ANDREW LEITNER-WISE.(LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 15 MOTION to Dismiss by EUGENE L. FLANAGAN, III (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Text of Proposed Order)(Hornstein, David) Modified on 7/10/2018 to edit event text(zrdj). [Transferred from District of Columbia on 1/10/2019.] |
| Filing 14 NOTICE of Appearance by David M. Hornstein on behalf of EUGENE L. FLANAGAN, III (Hornstein, David) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 13 NOTICE of Appearance by Aaron L. Handleman on behalf of EUGENE L. FLANAGAN, III (Handleman, Aaron) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 12 MOTION to Dismiss Complaint, by ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(McCann, Clifton) Modified on 6/28/2018 to edit event (zrdj). [Transferred from District of Columbia on 1/10/2019.] |
| Set/Reset Deadlines: Answer to the complaint due by 6/27/2018, by defendants Robert Bernard Iredale Clark and Southern Gun Company Ltd. (tg) [Transferred from District of Columbia on 1/10/2019.] |
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MINUTE ORDER (paperless) GRANTING the defendants' #11 Motion for Extension of Time. By June 27, 2018, defendants Robert Bernard Iredale Clark and Southern Gun Company Ltd. shall respond to the plaintiff's complaint. Signed by Chief Judge Beryl A. Howell on June 19, 2018. [Transferred from District of Columbia on 1/10/2019.]
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| Filing 11 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (Attachments: #1 Text of Proposed Order)(McCann, Clifton) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 10 WAIVER OF SERVICE by PAUL ANDREW LEITNER-WISE. EUGENE L. FLANAGAN, III waiver sent on 5/9/2018, answer due 7/8/2018. (LeFande, Matthew) Modified on 6/11/2018 to correct answer due date (zrdj). [Transferred from District of Columbia on 1/10/2019.] |
| Filing 9 NOTICE of Appearance by Clifton Everett McCann on behalf of ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (McCann, Clifton) [Transferred from District of Columbia on 1/10/2019.] |
| Set/Reset Deadlines: Answer by due by defendants Robert Bernard Iredale Clark and Southern Gun Company, Ltd. due by 6/13/2018. (tg) [Transferred from District of Columbia on 1/10/2019.] |
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MINUTE ORDER (paperless) GRANTING the defendants' #8 Consent Motion for Extension of Time to Respond to Plaintiff's Complaint. By June 13, 2018, defendants Robert Bernard Iredale Clark and Southern Gun Company, Ltd. shall respond to the plaintiff's complaint. Signed by Chief Judge Beryl A. Howell on May 15, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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| Filing 8 Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (Attachments: #1 Text of Proposed Order)(Heyer, Eric) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 7 NOTICE of Appearance by Eric N. Heyer on behalf of ROBERT BERNARD IREDALE CLARK, SOUTHERN GUN COMPANY, LTD. (Heyer, Eric) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SOUTHERN GUN COMPANY, LTD. served on 4/23/2018, answer due 5/14/2018 (LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT BERNARD IREDALE CLARK served on 4/23/2018, answer due 5/14/2018 (LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
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Filing 4
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on April 13, 2018. (lcbah1) [Transferred from District of Columbia on 1/10/2019.]
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| Filing 3 REPORT on the filing or determination of an action regarding a patent and/or trademark. (znmw) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 2 SUMMONS (3) Issued Electronically as to ROBERT IREDALE CLARK, EUGENE L. FLANAGAN, III, SOUTHERN GUN COMPANY, LTD.. (Attachments: #1 Notice and Consent)(zsth) [Transferred from District of Columbia on 1/10/2019.] |
| Case Assigned to Chief Judge Beryl A. Howell. (zsth) [Transferred from District of Columbia on 1/10/2019.] |
| Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0090-5405893) filed by PAUL ANDREW LEITNER-WISE. (Attachments: #1 Civil Cover Sheet, #2 Summons Clark, #3 Summons Flanagan, #4 Summons Southern Gun Company)(LeFande, Matthew) [Transferred from District of Columbia on 1/10/2019.] |
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