Promotional Containers, Inc. v. AZTEC Concrete Accessories, Incorporated
King & Schickli, PLLC TERMINATED: 04/05/2007
LEAD ATTORNEY ATTORNEY TO BE NOTICED
CIVIL DOCKET FOR CASE #: 5:04-cv-00336-JBC
Promotional Containers, Inc. v. AZTEC Concrete Accessories, Incorporated
Assigned to: Jennifer B Coffman
Referred to: James B Todd
Cause: 28:1338 Patent Infringement
Date Filed: 07/20/2004
Jury Demand: Plaintiff
Nature of Suit: 830 Patent
Jurisdiction: Federal Question
Plaintiff
Promotional Containers, Inc.
represented by Andrew D. Dorisio
King & Schickli, PLLC
247 N. Broadway
Lexington, KY 40507
859-252-0889
Fax: 859-252-0779
Email: andrew@iplaw1.net
TERMINATED: 04/05/2007
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
2007 Docket entries
Date Filed # Docket Text
05/15/2007 100 AMENDED SCHEDULING ORDER: IT IS ORDERED that the 96 JOINT MOTION to Continue is GRANTED; FURTHER ORDERED that the 94 scheduling order entered 3/2/07 is amended as follows: (1) Pretrial Discovery due by 10/19/07; (2) Dispositive Motions & motions in limine due by 11/20/07; (3) Pretrial Filings due by 1/25/08; (4) pre-mark all exhibits by 1/25/08; (5) conduct conference to form agreed proposed jury instructions by 1/25/08; (6) file agreed proposed jury instructions by 2/1/08; (7) agreed statement of the case due 2/1/08; (8) OBJS due by 2/1/08; (9) PRETRIAL CONFERENCE set for 2/8/08 @ 10:00 AM before Judge Coffman; (10) No later than 3 working days prior to trial, submit to Court's Chambers a copy of each documentary exhibit; (11) JURY TRIAL scheduled on 10/29/07, is rescheduled on 3/10/08 @ 9:00 AM before Judge Coffman (5 days); court will seat 8 jurors, & each side will have 3 strikes; (12) Requests to modify any dates or deadlines est. by this order shall be submitted upon motion by party seeking modification. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR, D, JC (Entered: 05/15/2007)
04/06/2007 99 NOTICE of Change of Address by James D. Liles (Liles, James) (Entered: 04/06/2007)
04/05/2007 98 ORDER: IT IS ORDERED that the 95 Notice filed 3/29/07, is CONSTRUED asa motion to withdraw as counsel; FURTHER ORDERED that the 95 motion is GRANTED; Andrew Dorisio & the law firm of King & Schickli, PLLC, are hereby TERMINATED as counsel of record in the above-captioned case; FURTHER ORDERED that, no later than 10 days after the entry of this order, James Liles shall provide the court w/ updated contact info., inc. an electronic mail address at which he is able to receive transmissions from the court's ECF system. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR (Entered: 04/05/2007)
04/03/2007 Clerk's Note: Clerk spoke with Tanya with the firm of King & Schickli, PLLC re 97 Notice of Filing filed in response to a Notice of Deficiency sent on 3/30/07. The Notice of Filing was to include a Certificate of Service for the 95 Notice. Instead of a Certificate of Service, the document for 95 Notice was included again as an attachment. Clerk informed Tanya to prepare a Notice of Filing with the correct attachment, to create a link to the 95 Notice, to describe the attachment as a Certifiacte of Service for the 95 Notice, to include additional text to describe the filing attached to the Notice of Filing, & to call the ECF Help Desk if assistance is needed in filing. (MWZ) (Entered: 04/03/2007)
04/02/2007 97 NOTICE OF FILING by Promotional Containers, Inc. re 95 Notice, (Attachments: # 1)(Liles, James) (Entered: 04/02/2007)
04/02/2007 ***MOTION SUBMITTED TO CHAMBERS of Jennifer B. Coffman for review: 96 JOINT MOTION to Continue by Dayton Superior Corporation, Promotional Containers, Inc., AZTEC Concrete Accessories, Incorporated (LKM) (Entered: 04/02/2007)
04/02/2007 NOTICE OF DOCKET MODIFICATION TO S. Butler re 96 JOINT MOTION to Continue by Dayton Superior Corporation, Promotional Containers, Inc., AZTEC Concrete Accessories, Incorporated ; Error: Attachments were filed together with the motion instead of as separate attachments. Entry made by attorney. Correction: Clerk has added the Memorandum in Support and Proposed Order as separate attachments; In future e-filings, the attorney shall file each attachment separately from one another and separate from the main document. No further action required by counsel. cc: COR (LKM) (Entered: 04/02/2007)
03/30/2007 96 JOINT MOTION to Continue Trial Date by Dayton Superior Corporation, Promotional Containers, Inc., AZTEC Concrete Accessories, Incorporated and For Resetting of Dates (Butler, Stephen) Additional attachment(s) added on 4/2/2007 (Moore, Lisa). Modified text on 4/2/2007 (Moore, Lisa). (Entered: 03/30/2007)
03/30/2007 ***FILE SUBMITTED TO CHAMBERS of Judge Coffman for review: 95 Notice of attorney & firm withdrawal by attorney Andrew Dorisio on behalf of attorney James D. Liles & the firm of King & Schickli, PLLC filed by Promotional Containers, Inc. (MWZ) (Entered: 03/30/2007)
03/30/2007 NOTICE OF DEFICIENCY AND NOTICE OF DOCKET MODIFICATION TO Andrew Dorisio re 95 Notice of attorney & firm withdrawal by attorney Andrew Dorisio on behalf of attorney James D. Liles & the firm of King & Schickli, PLLC filed by Promotional Containers, Inc.; Error 1: attorney failed to provide a certificate of service with pleading. Attorney advised that each pleading must have a certificate of service. Within 3 business days, the attorney shall file the certificate of service as an attachment to a Notice of Filing; Error 2: the main document was scanned instead of converted into PDF format directly from the native word application. All pleadings created with a word application shall be converted to PDF format using PDF conversion softwarerather than being scanned. No further action required by counsel. cc: COR (MWZ) (Entered: 03/30/2007)
03/29/2007 95 NOTICE of attorney & firm withdrawal by attorney Andrew Dorisio on behalf of attorney James D. Liles & the firm of King & Schickli, PLLC filed by Promotional Containers, Inc. (Dorisio, Andrew) Added "of attorney & firm withdrawal by attorney Andrew Dorisio on behalf of attorney James D. Liles & the firm of King & Schickli, PLLC filed" to the docket text on 3/30/07 (Zegafuse, Mitchell). (Entered: 03/29/2007)
03/02/2007 94 SCHEDULING ORDER: (1) Discovery due by 6/15/07; (2) All discovery disputes are referred to MJ Todd; (3) No later than 30 days after entry of this order, dfts to file dispositive motion relating to validity, if it intends to file such motion; (4) all other Dispositive Motions & all motions in limine due by 7/15/07; Motions filed pur. to Daubert v. Merrell Dow Pham to be styled as motions in limine; (5) Pretrial Filings due by 9/21/07; pre-mark all exhibits by 9/21/07; (7) conduct conference to form agreed proposed jury instructions by 9/21/07; (8) file agreed proposed jury instructions by 9/28/07; (9) submit to court agreed statement of the case by 9/28/07; (10) OBJS due by 9/28/07; (11) No later than 3 working days prior to trial, submit to Court's Chambers a copy of each documentary exhibit; (12) JURY TRIAL set for 10/29/07 @ 9:00 AM before Judge Coffman (5 days); court will seat 8 jurors, & each side will have 3 strikes; (13) Requests to modify dates or deadlines shall be submitted upon motion by the party seeking modification. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR, D, JC, JBT (Entered: 03/02/2007)
03/02/2007 93 MEMORANDUM OPINION AND ORDER: IT IS ORDERED that the dfts' 82 motion for reconsideration & for summary judgment is DENIED; A scheduling order will be entered separately. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR (Entered: 03/02/2007)
03/01/2007 92 MINUTE ENTRY FOR MOTION HEARING held on 3/1/07 before Judge Jennifer B. Coffman: James Liles & Leila O'Carra present as attys for plas; Stephen Butler & Jeffrey Metzcar present as attys for dfts; Proceedings: Oral Argument - 82 Motion for Reconsideration & Motion for Summary Judgment. (COURT REPORTER: JUNE ST. JOHN - contract reporter) (MWZ)cc: COR (Entered: 03/01/2007)
02/06/2007 91 ORDER: IT IS ORDERED that the 90 MOTION to Withdraw is GRANTED & H. Roy Berkenstock's appearance as counsel of record for pla Promotional Containers, Inc. is withdrawn. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR (Entered: 02/06/2007)
02/05/2007 ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: 90 MOTION to Withdraw by Promotional Containers, Inc. H. Roy Berkenstock as Counsel of Record (MWZ) (Entered: 02/05/2007)
02/02/2007 90 MOTION to Withdraw by Promotional Containers, Inc. H. Roy Berkenstock as Counsel of Record (Attachments: # 1 Proposed Order)(O'Carra, Leila) (Entered: 02/02/2007)
01/30/2007 89 NOTICE OF MANDATORY ECF DIRECTED TO H. Roy Berkenstock, a non-registered attorney re 88 Order had to be MAILED TO a non-registered attorney, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (MWZ) (Entered: 01/30/2007)
01/30/2007 88 ORDER: IT IS ORDERED that a HEARING is scheduled re 82 MOTION for Reconsideration and for Summary Judgment of Noninfringement (Oral Argument Requested) before the undersigned on 3/1/07 @ 9:00 AM before Judge Coffman; FURTHER ORDERED that the pla's 87 MOTION for Continuance is GRANTED; The PRETRIAL CONFERENCE scheduled on 4/19/07, & the JURY TRIAL scheduled on 6/4/07, are CANCELLED, & will be rescheduled after resolution of the pending motion. Signed by Judge Jennifer B. Coffman. (MWZ)cc: COR, D, JC (Entered: 01/30/2007)
01/18/2007 ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: 87 MOTION to Continue by Promotional Containers, Inc. Trial Date and to Reset Remaining Dates (MWZ) (Entered: 01/18/2007)
01/18/2007 87 MOTION to Continue by Promotional Containers, Inc. Trial Date and to Reset Remaining Dates (Attachments: # 1 Memorandum in Support # 2 Proposed Order)(O'Carra, Leila) (Entered: 01/18/2007)
01/08/2007 ***MOTION SUBMITTED TO CHAMBERS of Judge Coffman for review: 82 MOTION for Reconsideration and for Summary Judgment of Noninfringement (Oral Argument Requested) by Dayton Superior Corporation & AZTEC Concrete Accessories, Incorporated. (MWZ) (Entered: 01/08/2007)
01/08/2007 NOTICE OF DOCKET MODIFICATION TO Stephen Butler re 85 Response in Support of Motion; Error: Attorney incorrectly filed the reply to 82 using the event "response in support of motion"; Clerk has modified the docket text of 85 to state this was incorrectly filed; clerk has filed the response as 86 Reply to Response to Motion; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; The 85/86 Pleading indicates the Central Division at Frankfort instead of the Central Division at Lexington; Clerk has made a note of this in the docket text of 86. No further action required by counsel. cc: COR (MWZ) (Entered: 01/08/2007)
01/05/2007 86 REPLY to Response to 82 Motion for Reconsideration and for Summary Judgment of Noninfringement (Oral Argument Requested) filed by Dayton Superior Corporation, AZTEC Concrete Accessories, Incorporated. (Pleading should reflect Central Division at Lexington instead of Central Division at Frankfort) FILED pursuant to QC re: 85. (MWZ) (Entered: 01/08/2007)
01/05/2007 85 INCORRECTLY FILED AS 85 RESPONSE in Support re 82 MOTION for Reconsideration by Dayton Superior Corporation, AZTEC Concrete Accessories, Incorporated, Dayton Superior Corporation, AZTEC Concrete Accessories, Incorporated, AZTEC Concrete Accessories, Incorporated filed by Dayton Superior Corporation, AZTEC Concrete Accessories, Incorporated. (Butler, Stephen) Please see docket entry 86 for the CORRECT ENTRY for this pleading. Modified on 1/8/2007 (Zegafuse, Mitchell). (Entered: 01/05/2007) |
