POWERHOUSE EQUIPMENT & ENGINEERING CO., INC. v. POWER MECHANICAL, INC. et al
Powerhouse Equipment & Engineering Co., Inc. |
Powerhouse Valve Services, LLC and Power Mechanical, Inc. |
4:2019cv00080 |
July 29, 2019 |
US District Court for the Eastern District of Virginia |
Arenda L Wright Allen |
Robert J Krask |
Douglas E Miller |
Trademark |
15 U.S.C. § 1125 |
Plaintiff |
Docket Report
This docket was last retrieved on September 4, 2019. A more recent docket listing may be available from PACER.
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Filing 59 ORDER granting #54 , a Motion to appear Pro Hac Vice by David James Shannon as certified by local counsel Randall Lenhart Jr for Power Mechanical, Inc., Powerhouse Valve Services, LLC. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. (Allen, Arenda) |
Filing 58 ORDER granting #55 , a Motion to appear Pro Hac Vice by Richard David Lane as certified by local counsel Randall Lenhart Jr for Power Mechanical, Inc., Powerhouse Valve Services, LLC. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. (Allen, Arenda) |
Filing 57 ORDER granting #56 , a Motion to appear Pro Hac Vice by William Paul Rubley as certified by local counsel Frank Alwin Edgar Jr. for Powerhouse Equipment & Engineering Co., Inc. Signed by District Judge Arenda L. Wright Allen on 9/4/2019. (Allen, Arenda) |
Filing 56 Motion to appear Pro Hac Vice by William Paul Rubley and Certification of Local Counsel Frank Alwin Edgar Jr. Filing fee $ 75, receipt number 0422-6814695. by Powerhouse Equipment & Engineering Co., Inc.. (Edgar, Frank) |
Filing 55 Motion to appear Pro Hac Vice by Richard David Lane and Certification of Local Counsel Randall Lenhart Jr Filing fee $ 75, receipt number 0422-6814441. by Power Mechanical, Inc., Powerhouse Valve Services, LLC. (Lenhart, Randall) |
Filing 54 Motion to appear Pro Hac Vice by David James Shannon and Certification of Local Counsel Randall Lenhart Jr Filing fee $ 75, receipt number 0422-6814426. by Power Mechanical, Inc., Powerhouse Valve Services, LLC. (Lenhart, Randall) |
Case reassigned to Magistrate Judge Robert J. Krask. Magistrate Judge Douglas E. Miller no longer assigned to the case. (tamarm) |
Refer for 16(b) (tamarm) |
Filing 53 NOTICE of Appearance by Frank Alwin Edgar, Jr on behalf of Powerhouse Equipment & Engineering Co., Inc. (Edgar, Frank) |
Filing 52 ANSWER to #1 Complaint, by Power Mechanical, Inc., Powerhouse Valve Services, LLC.(Lenhart, Randall) |
Filing 51 NOTICE of Appearance by Randall Clair Lenhart, Jr on behalf of Power Mechanical, Inc., Powerhouse Valve Services, LLC (Lenhart, Randall) |
Filing 50 NOTICE of Appearance by David Leslie Dayton on behalf of Powerhouse Valve Services, LLC (Dayton, David) |
Filing 49 NOTICE of Appearance by David Leslie Dayton on behalf of Power Mechanical, Inc. (Dayton, David) |
Filing 48 CLERK'S NOTICE of local counsel requirement mailed to foreign counsel. (tamarm) |
Filing 47 Case transferred in from District of New Jersey; Case Number 1:18-cv-10744. Original file and docket sheet received. |
Filing 46 ORDER Granting #39 Motion to Dismiss for Lack of Jurisdiction; ORDERED that pursuant to 28 U.S.C. 1631, the Court hereby transfers the action to the U.S. District Court for the Eastern District of Virginia. ***CIVIL CASE TERMINATED. Signed by Judge Noel L. Hillman on 7/25/2019. (dmr) [Transferred from New Jersey on 7/29/2019.] |
Filing 45 OPINION. Signed by Judge Noel L. Hillman on 7/25/2019. (dmr) [Transferred from New Jersey on 7/29/2019.] |
Filing 44 Corporate Disclosure Statement by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC. identifying Atlas Copco Rental LLC as Corporate Parent.. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 43 BRIEF in Support filed by All Defendants re #39 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Certificate of Service)(SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 42 Exhibit to #41 Brief in Opposition to Motion, (Exhibit A) by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E-1, #5 Exhibit E-2, #6 Exhibit E-3, #7 Exhibit E-4, #8 Exhibit E-5)(RUBLEY, WILLIAM)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. [Transferred from New Jersey on 7/29/2019.] |
Filing 41 BRIEF in Opposition filed by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC. re #39 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Certification, #2 Certificate of Service, #3 Text of Proposed Order)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Reset Deadlines as to #39 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 4/1/2019 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 40 Rule 7.1(d)(5) Letter for an automatic extension of the return date of a dispositive motion re #39 MOTION to Dismiss for Lack of Jurisdiction . (CORMA, EDWARD) [Transferred from New Jersey on 7/29/2019.] |
Filing 39 MOTION to Dismiss for Lack of Jurisdiction by POWER MECHANICAL, INC., POWERHOUSE VALVE SERVICES, LLC. Responses due by 3/4/2019 (Attachments: #1 Brief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order Proposed Order, #7 Text of Proposed Order Proposed Alternative Order, #8 Certificate of Service)(SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Set Deadlines as to #39 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 3/18/2019 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
CLERK'S QUALITY CONTROL MESSAGE - Please be advised the Motion to Dismiss #39 submitted by DAVID SHANNON on 2/22/2019 is not filed pursuant to the Courts Transcript Policy. Only certified official court reporters or transcription agencies are permitted to electronically file official court transcripts. The Clerks office has restricted this document pursuant to the procedure of the Court and at the Courts direction. This message is for informational purposes. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 38 TEXT ORDER - in consideration of Defendant's letter #37 , Defendant may file a motion to dismiss, which will be set according to the regular motion calendar, L. Civ. R. 78.1(a). The Court will not schedule a status conference at this time, and the motion will be decided on the papers unless otherwise directed by the Court. So Ordered by Judge Noel L. Hillman on 02/05/2019. (mm) [Transferred from New Jersey on 7/29/2019.] |
Filing 37 Letter from Defendant Powerhouse Valve and Power Mechanical. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 36 Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Telephone Status Conference held on 1/14/2019 on the record. Order to be entered (Court Reporter/Recorder Electronic Court Recorder.) (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 35 TEXT ORDER -- The Court having held a conference call with the parties on January 14, 2019; and good cause existing to enter this Order, it is hereby ORDERED all jurisdictional discovery, including the two depositions plaintiff will take, shall be completed by February 15, 2019. By the same date the parties shall update Judge Hillman on the status of jurisdictional discovery. So Ordered by Magistrate Judge Joel Schneider on 1/14/19. (Schneider, Joel) [Transferred from New Jersey on 7/29/2019.] |
Filing 34 TEXT ORDER -- It is hereby ORDERED the January 14, 2019 conference call will proceed as scheduled. So Ordered by Magistrate Judge Joel Schneider on 1/10/19. (Schneider, Joel) [Transferred from New Jersey on 7/29/2019.] |
Filing 33 Letter from David Shannon. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 32 Letter from William P. Rubley re #28 Letter, #29 Order. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 31 Transcript of Proceedings held on 9/6/2018, before Judge NOEL L. HILLMAN. Court Reporter/Transcriber Bob Tate (609-462-4384). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 1/29/2019. Redacted Transcript Deadline set for 2/8/2019. Release of Transcript Restriction set for 4/8/2019. (tf, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 30 Letter from William P. Rubley re #27 Letter. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 29 LETTER ORDER addressed to counsel directing a conference call be scheduled on 1/14/2019 to address the issue raised in Plaintiff's 12/18/2018 #28 letter, etc. Signed by Magistrate Judge Joel Schneider on 12/19/2018. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 28 Letter from William P. Rubley. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 27 Letter from William P. Rubley. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 26 Letter from David J. Shannon re 25 Order,,. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 25 TEXT ORDER ORDERED that because Plaintiff's counsel failed to appear for the status conference scheduled for today see Docket No. #19 , and because jurisdictional discovery has not yet been completed, the parties are directed to each file a letter on the docket indicating when jurisdictional discovery will be completed, so that the Court may reschedule the status conference for a date contemporaneous with the completion of the jurisdictional discovery. So Ordered by Judge Noel L. Hillman on 12/6/2018. (gn) [Transferred from New Jersey on 7/29/2019.] |
Filing 24 Discovery Confidentiality Order. Signed by Magistrate Judge Joel Schneider on 11/5/2018. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 23 RESPONSE TO ORDER TO SHOW CAUSE by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC.. (Attachments: #1 Exhibit 1 - Proposed DCO)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 22 TEXT ORDER -- The Court having received defense counsel's October 25, 2018 letter application regarding the entry of a Discovery Confidentiality Order ("DCO"), it is hereby ORDERED plaintiff shall show cause by November 2, 2018 why the DCO attached to defense counsel's letter should not be entered. So Ordered by Magistrate Judge Joel Schneider on 10/29/18. (Schneider, Joel) [Transferred from New Jersey on 7/29/2019.] |
Filing 21 SCHEDULING ORDER: Pretrial Factual Discovery due by 11/30/2018 etc. Signed by Magistrate Judge Joel Schneider on 9/26/2018. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Minute Entry for proceedings held before Magistrate Judge Joel Schneider: Status Conference held on 9/25/2018. (se, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 20 TEXT ORDER The Court has scheduled an in-person status conference on September 25, 2018 at 3:00 p.m. Prior to the conference, the parties shall meet and confer regarding the discovery to be conducted pursuant to Judge Hillman's September 6, 2018 Order. So Ordered by Magistrate Judge Joel Schneider on September 10, 2018. (jk) [Transferred from New Jersey on 7/29/2019.] |
Filing 19 ORDER denying without prejudice #5 Motion for Preliminary Injunction; denying without prejudice #13 Motion to Dismiss; setting status conference for Thursday, December 6, 2018 at 1:30 p.m. in Courtroom 3A. Signed by Judge Noel L. Hillman on 9/6/18. (dd, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 18 Minute Entry for proceedings held before Judge Noel L. Hillman: Motion Hearing held on 9/6/2018. Hearing on Plaintiff's #5 Motion for Preliminary Injunction; Hearing on Defendant's #13 Motion to Dismiss; Ordered motions [5,13] Denied without prejudice. Ordered permitting limited jurisdictional discovery to commence within 90 days. Oral opinion read on the record; Order to be entered. (Court Reporter/Recorder Robert T. Tate.) (tf, ) [Transferred from New Jersey on 7/29/2019.] |
AMENDED NOTICE of Hearing: Preliminary Injunction Hearing set for 9/6/2018 NEW TIME at 2:30 PM in Camden - Courtroom 3A before Judge Noel L. Hillman. (gn) [Transferred from New Jersey on 7/29/2019.] |
Filing 17 REPLY to Response to Motion filed by All Defendants re #13 MOTION to Dismiss (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 16 REPLY BRIEF to Opposition to Motion filed by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC. re #5 MOTION for Preliminary Injunction (Attachments: #1 Certification, #2 Exhibit A, #3 Exhibit B, #4 Certificate of Service)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
AMENDED NOTICE of Hearing on Plaintiff's MOTION for Preliminary Injunction #5 : Motion set for 9/5/2018 is ADJOURNED to Thursday, September 6, 2018 at 2:00 p.m. - Courtroom 3A before Judge Noel L. Hillman. The Court will also hear argument on Defendants' Motion to Dismiss #13 . (gn) [Transferred from New Jersey on 7/29/2019.] |
Filing 15 BRIEF in Opposition filed by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC. re #13 MOTION to Dismiss (Attachments: #1 Certification, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Certificate of Service, #13 Text of Proposed Order)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 14 ORDER Granting #11 Stipulation for an extension of time to respond to the complaint. Signed by Magistrate Judge Joel Schneider on 8/21/2018. (rtm, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 13 MOTION to Dismiss by All Defendants. Responses due by 8/21/2018 (Attachments: #1 Brief, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Text of Proposed Order, #5 Certificate of Service)(SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Set Deadlines as to #13 MOTION to Dismiss . Motion set for 9/4/2018 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 12 RESPONSE in Opposition filed by All Defendants re #5 MOTION for Preliminary Injunction By Plaintiff (Attachments: #1 Brief, #2 Text of Proposed Order, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B, #5 Exhibit Exhibit C, #6 Exhibit Exhibit D, #7 Exhibit Exhibit E, #8 Exhibit Exhibit F, #9 Exhibit Exhibit G, #10 Exhibit Exhibit H, #11 Exhibit Exhibit I, #12 Exhibit Exhibit J, #13 Exhibit Exhibit K, #14 Exhibit Exhibit L, #15 Certification Certificate of Service)(SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 11 STIPULATION For Extension of Time to Answer Complaint between Plaintiff and by All Defendants. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 10 NOTICE of Appearance by DAVID J. SHANNON on behalf of POWER MECHANICAL, INC. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 9 Corporate Disclosure Statement by POWER MECHANICAL, INC.. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 8 NOTICE of Appearance by DAVID J. SHANNON on behalf of POWER MECHANICAL, INC. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
Filing 7 TEXT ORDER AMENDED NOTICE of Hearing on Motion #5 MOTION for Preliminary Injunction : Motion set for 8/7/2018 is ADJOURNED to Wednesday, September 5, 2018 at 2:00 p.m. - Courtroom 3A before Judge Noel L. Hillman. So Ordered by Judge Noel L. Hillman on 7/17/2018. (gn) [Transferred from New Jersey on 7/29/2019.] |
CLERK'S QUALITY CONTROL MESSAGE - The notice of appearance #8 submitted by DAVID J. SHANNON on 7/17/2018 did not contain a proper electronic signature (s/). PLEASE RESUBMIT THE DOCUMENT WITH THE PROPER ELECTRONIC SIGNATURE (s/ Attorney's Name.) This submission will remain on the docket unless otherwise ordered by the court. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 6 Letter re Notice of Hearing on Motion. (SHANNON, DAVID) [Transferred from New Jersey on 7/29/2019.] |
AMENDED NOTICE of Hearing on Motion #5 MOTION for Preliminary Injunction : Motion set for 8/6/2018 is ADJOURNED to 8/7/2018 at 10:30 AM in Camden - Courtroom 3A before Judge Noel L. Hillman. (gn ) [Transferred from New Jersey on 7/29/2019.] |
NOTICE a hearing on Plaintiff's Motion for Preliminary Injunction #5 shall be held on Monday, August 6, 2018 at 1:30 p.m. in Courtroom 3A. (gn) [Transferred from New Jersey on 7/29/2019.] |
Set/Reset Deadlines as to #5 MOTION for Preliminary Injunction . Motion set for 8/6/2018 before Judge Noel L. Hillman. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (dmr) [Transferred from New Jersey on 7/29/2019.] |
Filing 5 MOTION for Preliminary Injunction by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC.. (Attachments: #1 Brief, #2 Certification of P. Matthew Stohner, #3 Certification of William P. Rubley, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Certificate of Service, #13 Text of Proposed Order)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 4 SUMMONS ISSUED as to POWER MECHANICAL, INC., POWERHOUSE VALVE SERVICES, LLC Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *Ryan Sanders* (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 3 AO120 Patent/Trademark Form filed. (rss, ) [Transferred from New Jersey on 7/29/2019.] |
Filing 2 Corporate Disclosure Statement by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC.. (RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Filing 1 COMPLAINT against POWER MECHANICAL, INC., POWERHOUSE VALVE SERVICES, LLC ( Filing and Admin fee $ 400 receipt number 0312-8823178) with JURY DEMAND, filed by POWERHOUSE EQUIPMENT & ENGINEERING CO., INC.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B)(RUBLEY, WILLIAM) [Transferred from New Jersey on 7/29/2019.] |
Judge Noel L. Hillman and Magistrate Judge Joel Schneider added. (bf, ) [Transferred from New Jersey on 7/29/2019.] |
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