California Expanded Metal Products Company et al v. James Klein et al
| California Expanded Metal Products Company and Clarkwestern Dietrich Building Systems LLC |
| James A Klein, BlazeFrame Industries Ltd and Safti Seal, Inc |
| Safti Seal, Inc, James A Klein and BlazeFrame Industries Ltd |
| California Expanded Metal Products Company and Clarkwestern Dietrich Building Systems LLC |
| 2:2018cv00659 |
| April 30, 2018 |
| US District Court for the Western District of Washington |
| Seattle Office |
| XX US, Outside District |
| James L. Robart |
| Other Contract |
| 28 U.S.C. ยง 1338 |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
377
ORDER: The Court GRANTS in part Plaintiffs' motions for attorneys' fees and costs (Dkt. ## 367 , 369 ). The court AWARDS (1) CEMCO $594,511.15 in attorneys' fees and $135,661.93 in costs; and (2) ClarkDietrich $766,645.03 in attorneys' fees and $48,567.31 in costs. Plaintiffs may file motions for attorneys' fees associated with preparing the instant motions by no later than 12/7/2023. Signed by Judge James L. Robart. (SS)
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Filing
360
ORDER ADOPTING 359 REPORT AND RECOMMENDATION. The Court AWARDS Plaintiffs an additional $366,874.67. The court ORDERS the parties to meet and confer regarding the need for redaction of the report and recommendation (Dkt. # 359 ) and file, by July 17, 2023, a joint statement indicating any such need. The court DIRECTS Plaintiffs to file a motion for their reasonable attorneys' fees and costs by no later than August 18, 2023. The court ORDERS S4S and Plaintiffs to meet and confer and to calculate prejudgment interest on $974,645.32. The court further ORDERS S4S and Plaintiffs to submit a joint statement containing such calculations by no later than July 21, 2023. Signed by Judge James L. Robart. (LH)
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Filing
358
ORDER denying Plaintiff's 340 MOTION for Reconsideration re 338 Order. Signed by Judge James L. Robart.(LH)
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Filing
354
MINUTE ORDER: S4S and Defendants are ORDERED to file additional declarations regarding Plaintiffs' motion for reconsideration (Dkt. 340 ) by no later than April 26, 2023. Authorized by Judge James L. Robart. (LH)
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Filing
352
MINUTE ORDER: The court is in receipt of Plaintiffs' motion for reconsideration of the court's March 2, 2023 order discharging the daily fine against Non-Party Seal4Safti, Inc.(MFR (Dkt. # 340 ). The court DIRECTS Plaintiffs to file, by April 7, 2023, copies of the following fifteen UL listings: HW-D-0890; HW-D-0892; HW-D-0893; HW-D-0896; HW-D-0897; HW-D-0899; HW-D-0900; HW-D-0903; BW-S-0055; HW-D-0889; HW-D-0891; HW-D-0895; HW-D-0901; HW-D-1151; and HW-D-1152. Authorized by Judge James L. Robart. (LH)
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Filing
344
MINUTE ORDER: The court DIRECTS Defendants and S4S to file responses (or a joint response) to Plaintiffs' motion for reconsideration on or before March 27, 2023 (Dkt. 340 ). Plaintiffs may file an optional reply on or before March 31, 2023. Authorized by Judge James L. Robart. (LH)
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Filing
338
ORDER: The court finds it appropriate to DISCHARGE the daily fine. S4S is no longer required to pay a daily fine for noncompliance with the court's permanent injunction. Signed by Judge James L. Robart. (LH)
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Filing
335
MINUTE ORDER: The court DIRECTS the Clerk to unseal the court's January 26, 2023 order (Dkt. # 332 ) and to maintain the seal on Mr. Walters's November 14, 2022 report and recommendation (Dkt. # 310 ). The court will file a redacted version of Mr. Walters's report and recommendation. Authorized by Judge James L. Robart. (LH)
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Filing
325
ORDER granting Defendant Seal4Safti's 311 Unopposed Motion to Seal Exhibits A, B, C, D and E to Dec. of M. Hage ISO Objection to SM R&R. Signed by Judge James L. Robart. (LH)
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Filing
309
ORDER granting Parties' 308 Stipulated MOTION FOR OVER-LENGTH BRIEFING RE: CONTEMPT DAMAGES. Signed by Judge James L. Robart.(SR)
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Filing
307
ORDER ADOPTING 306 REPORT AND RECOMMENDATION. The Court DENIES Plaintiffs' request for fees in relation to their motion to compel, and GRANTS the parties' stipulated motion to extend the deadlines for damages discovery and briefing reg arding damages. Damages discovery phase closes 8/5/2022. Plaintiffs' joint opening brief re damages to Mr. Walters is due by 8/26/2022. Joint response brief is due by 9/9/2022. Joint reply brief is due by 9/16/2022. Signed by Judge James L. Robart. (LH)
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Filing
305
STIPULATION AND ORDER re Parties' 304 Stipulated Motion for Extension of Time. Plaintiffs' damage expert disclosure due 5/23/2022, Defendants and S4S's damage expert rebuttal disclosure due 6/20/2022, Discovery phase completed by 7/5/2022, Plaintiffs' Opening Brief re damages to Mr. Walters due by 7/29/2022, Defendant and S4S Response Brief due 8/12/2022, Plaintiffs' Reply Brief due 8/19/2022. Signed by Judge James L. Robart.(LH)
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Filing
303
ORDER: The Court DIRECTS the Clerk to unseal the court's February 16, 2022 order (Dkt. # 301 ) and Mr. Walters's December 10, 2021 report and recommendation (Dkt. # 268 ). Damages Discovery begins 3/14/2022, Plaintiffs' damage expert disclosure due 5/2/2022, Defendants and S4S's damage expert rebuttal disclosure due 5/30/2022, Discovery phase completed by 6/14/2022, Plaintiffs' Opening Brief re damages to Mr. Walters due by 7/8/2022, Defendant and S4S Response Brief due 7/22/2022, Plaintiffs' Reply Brief due 7/29/2022. Signed by Judge James L. Robart. (LH)
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Filing
259
ORDER ADOPTING 256 REPORT AND RECOMMENDATION, denying S4S's motion requesting a briefing schedule for motions to strike or exclude expert testimony (Dkt # 252 ). The court EXTENDS the noting date for Plaintiffs' motion for contempt to October 15, 2021. All oppositions to that motion shall be filed no later than Monday, October 11, 2021, and all replies shall be filed no later than October 15, 2021. Signed by Judge James L. Robart. (LH)
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Filing
255
MINUTE ORDER DIRECTING CLERK TO UNSEAL ORDER re parties' 254 joint statement. The court DIRECTS the Clerk to remove the seal on the previous order (Dkt. # 251 ). Authorized by Judge James L. Robart. (PM)
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Filing
253
ORDER ADOPTING 252 REPORT AND RECOMMENDATION. The Court GRANTS Plaintiffs' motion to file an overlength brief and the parties' stipulation to bifurcate issues related to damages. Signed by Judge James L. Robart. (LH)
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Filing
252
REPORT and Recommendation Re: Plaintiffs' Motion to File Over-Length Briefs Pursuant to LCR 7(F) and Stipulated Motion to Bifurcate Damages by Special Master Mark Walters. Noted by Clerk for 9/7/2021 (Yanick, Miles). Modified to turn into R&R and noted for same-day, per chambers on 9/8/2021 (LH).
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Filing
238
ORDER ADOPTING 235 REPORT AND RECOMMENDATION. The Court EXTENDS the deadline for the motion for contempt to seven (7) days following the court's order on the pending R&R (Dkt. # 218 ) and objections (Dkt. ## 223 , 231 ). Signed by Judge James L. Robart. (LH)
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Filing
236
ORDER granting Plaintiffs' 232 Motion to Seal Plaintiffs' Objection to the Special Master's Report and Recommendation Re Plaintiffs' Motion to Initiate Contempt Proceedings Against Third Parties. Signed by Judge James L. Robart. (LH)
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Filing
219
ORDER 218 ADOPTING REPORT AND RECOMMENDATION. The court ADOPTS the report and recommendation in its entirety (Dkt. # 218 ) and EXTENDS the deadline for the motion for contempt from July 15, 2021, to August 5, 2021. Signed by Judge James L. Robart. (PM)
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Filing
218
REPORT and Recommendation of the Special Master on Plaintiff's Renewed Motion to Add Non-Parties by Special Master Mark Walters. Plaintiff to file a supplemental brief by 6/29/2021. Response due 7/6/2021. It is recommended that the deadline for Plaintiffs' Motion for Contempt be extended from July 15, 2021, to August 5, 2021. Noted by Clerk for 7/16/2021 (Walters, Mark) Modified on 6/28/2021 to turn into a R&R (PM).
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Filing
217
ORDER ADOPTING 215 , 216 REPORT AND RECOMMENDATIONS. The court ADOPTS the two report and recommendations in their entirety, DENIES the Non-Parties' motion to stay, and GRANTS in part Plaintiffs' motion for leave to file an overlength brief. Plaintiffs' motion and any opposition shall not exceed 30 pages, and any reply shall not exceed 15 pages. Signed by Judge James L. Robart. (LH)
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Filing
214
ORDER adopting Report and Recommendations re 213 Report and Recommendation, DENYING Plaintiffs' motion to compel without prejudice. Signed by Judge James L. Robart. (LH)
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Filing
212
ORDER ADOPTING 211 REPORT AND RECOMMENDATION, denying Non-Parties' motion to quash (Dkt. # 210 ). The parties are DIRECTED to meet and confer to determine the time and reasonable accommodations for the depositions. The court DECLINES to impos e sanctions as requested by CEMCO. The court additionally ADOPTS the proposed briefing schedule as follows: Filing and Service of Renewed Motion to Initial Proceedings: 5/13/2021; Filing and Service of Motion for Contempt: 7/15/2021. Signed by Judge James L. Robart. (LH)
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Filing
208
ORDER APPOINTING SPECIAL MASTER: Based on the parties' submissions, the applicable law, the balance of the record, and the rationale shared during the telephonic conference, the court appoints Mark Walters to serve as Special Master. Signed by Judge James L. Robart. (Attachments: # 1 Rule 53 Declaration of Mark Walters) (LH)
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Filing
204
ORDER: The court intends to appoint Mark Walters, WSBA No. 30819, as a special master to oversee selected issues in this matter. The special master, whether Mr. Walters or otherwise, will bill monthly using his or her standard rate. Invoices will be paid 50%-50% by Plaintiffs and Defendants within 30 days. Special master expenses may be submitted for consideration as a taxable cost at the conclusion of the case. The court ORDERS any party that opposes such appointment to file a brief not to exceed three pages no later than January 27, 2021. Signed by Judge James L. Robart. (LH) (ad hoc to: Mr. Walters)
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Filing
202
ORDER granting Plaintiffs' 199 Motion to Seal Status Report. Signed by Judge James L. Robart. (LH)
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Filing
193
ORDER granting Parties' 192 Stipulated Motion to Withdraw. Thomas J Lloyd and the firm Elam & Burke, P.A., is withdrawn as counsel for Defendants James A. Klein, Blazeframe Industries, Ltd., and Safti-Seal, Inc. Signed by Judge James L. Robart. (LH)
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Filing
189
ORDER granting in part and denying in part Plaintiffs' 168 Motion to Unseal Document. The court GRANTS Plaintiffs' motion to unseal the consent judgment and injunction and DIRECTS the Clerk to remove the seal on the consent judgment and injunction (Dkt. # 164 ), and DENIES Plaintiffs' motion to lift the confidentiality of the settlement agreement. Signed by Judge James L. Robart. (PM)
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Filing
187
ORDER granting Plaintiffs California Expanded Metal Products Company's 184 Motion to Seal. Document 185 shall remain sealed. Signed by Judge James L. Robart.(PM)
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Filing
163
ORDER granting parties' 161 Stipulated Motion for Approval of Consent Judgment. The court DIRECTS the Clerk to close this matter. In accordance with the terms of the consent judgment and permanent injunction, the court will retain jurisdiction over this matter. Any party may seek to re-open this matter in order to enforce the terms of the consent judgment and permanent injunction. Signed by Judge James L. Robart. (PM)
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Filing
156
ORDER granting parties' 153 Stipulated Motion Re Patent and Breach of Contract Claims. Signed by Judge James L. Robart. (PM)
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Filing
136
ORDER denying Plaintiffs' 119 Motions in Limine. Signed by Judge James L. Robart. (PM)
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Filing
135
AMENDED ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT 117 . The court GRANTS in part and DENIES in part Plaintiffs' motion for summary judgment (Dkt. # 102 ) and GRANTS in part and DENIES in part Defendants' motion for summary judgment (Dkt. # 104 ). Signed by Judge James L. Robart. (PM)
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Filing
133
ORDER re Plaintiff's 126 Notice of Withdrawal and Defendants' 131 Response to Plaintiffs' 120 Motions in Limine. Plaintiffs' notice of withdrawal is unequivocal. Nothing in the notice of withdrawal supports Defendants' reading that Plaintiffs withdrew only their first and third motions in limine. The court will not adjudicate withdrawn motions. Signed by Judge James L. Robart. (PM)
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Filing
118
MINUTE ORDER AMENDING PRETRIAL DEADLINES: Conference of Attorneys completed by 11/4/2019, Motions in Limine due by 11/8/2019, Pretrial Order due by 11/12/2019 at 12:00 PM, Defendants' Pretrial Statement due by 10/28/2019, Plaintiffs' Pretrial Statement due by 10/18/2019, Deposition designations due to court by 11/21/2019. Authorized by Judge James L. Robart. (SWT)
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Filing
117
ORDER granting in part and denying in part Plaintiffs' 102 Motion for Summary Judgment; granting in part and denying in part Defendants' 104 Cross Motion for Summary Judgment. Signed by Judge James L. Robart. (PM)
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Filing
116
STIPULATION AND ORDER extending discovery cut-off for expert witness deposition re parties' 114 Stipulation. Signed by Judge James L. Robart. (SWT)
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Filing
101
STIPULATION AND ORDER to extend deadlines re parties' 99 Stipulated Motion for Extension of Time to Complete Discovery: Discovery completed by 7/29/2019, Opening Expert Reports due by 6/17/2019, Rebuttal Expert Reports due by 7/15/2019. Signed by Judge James L. Robart. (SWT)
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Filing
98
CLAIM CONSTRUCTION ORDER by Judge James L. Robart. (SWT)
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Filing
91
ORDER granting Plaintiffs' 75 motion to strike Defendants' affirmative defenses of patent invalidity and patent unenforceability and denying Plaintiffs' 15 motion to strike Defendant's affirmative defense of patent misuse. Signed by Judge James L. Robart. (PM)
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Filing
90
AGREEMENT REGARDING DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND ORDER. Signed by Judge James L. Robart. (PM)
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Filing
87
STIPULATED PROTECTIVE ORDER signed by Judge James L. Robart. (TH)
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Filing
74
ORDER re parties' 73 Stipulated Motion. Plaintiffs' deadline to file their responsive pleading to the Amended Answer and Counterclaims is extended to 7/9/2018. Signed by Judge James L. Robart. (PM)
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