A to Z Machining Service LLC v. National Storm Shelter LLC

Application Number	Patent Number	External Links
-	US7428800	Espacenet Google Patents

COMPLAINT against National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner Filed by A to Z Machining Service LLC, Flatsafe Shelters LLC. (Attachments: # 1 Exhibit 1 US Patent Application, # 2 Exhibit 2 National Storm Shelter Advertisement, # 3 Exhibit 3 Flatsafe Composite, # 4 Civil Cover Sheet)(kr,) (Entered: 04/27/2010)

2010-04-27

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Summons Issued Electronically as to National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner. (kr, ) (Entered: 04/27/2010)

2010-04-27

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SUMMONS Returned Executed by A to Z Machining Service LLC, Flatsafe Shelters LLC. Jeffrey D Turner served on 4/28/2010. (White, Edward) (Entered: 04/29/2010)

2010-04-29

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SUMMONS Returned Executed by A to Z Machining Service LLC, Flatsafe Shelters LLC. National Storm Shelter LLC served on 4/28/2010. (White, Edward) (Entered: 04/29/2010)

2010-04-29

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SUMMONS Returned Executed by A to Z Machining Service LLC, Flatsafe Shelters LLC. Turner Machine Co Inc served on 4/28/2010. (White, Edward) (Entered: 04/29/2010)

2010-04-29

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Receipt for Money Received from A to Z Machining Service LLC, Flatsafe Shelters LLC in the amount of $350.00, receipt number OKW500008985 regarding 1 Complaint, (pw, ) (Entered: 04/29/2010)

2010-04-29

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ENTRY of Appearance by Mitchell K McCarthy on behalf of National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner (McCarthy, Mitchell) (Entered: 05/17/2010)

2010-05-17

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ENTRY of Appearance by Scott F Brockman on behalf of National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner (Brockman, Scott) (Entered: 05/17/2010)

2010-05-17

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ENTRY of Appearance by Woodrow K Glass on behalf of National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner (Glass, Woodrow) (Entered: 05/17/2010)

2010-05-17

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ENTRY of Appearance by Stanley M Ward on behalf of National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner (Ward, Stanley) (Entered: 05/17/2010)

2010-05-17

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ENTRY of Appearance by Zachary K Bradt on behalf of National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner (Bradt, Zachary) (Entered: 05/17/2010)

2010-05-17

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MOTION to Dismiss for Lack of Jurisdiction by all defendants. (Attachments: # 1 Exhibit 1, Complaint)(Brockman, Scott) (Entered: 05/17/2010)

2010-05-17

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RESPONSE in Opposition re 12 MOTION to Dismiss for Lack of Jurisdiction filed by A to Z Machining Service LLC, Flatsafe Shelters LLC. (Attachments: # 1 Exhibit Affidavit of Jerry Wirtz, # 2 Exhibit Email from Jensen)(White, Edward) (Entered: 06/09/2010)

2010-06-09

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REPLY to Response to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Attachments: # 1 Exhibit Affidavit of Jeff Turner, # 2 Exhibit Meazell e-mail to Jeff Turner, # 3 Exhibit 25-year warranty, # 4 Exhibit Screenshot of Flatsafe, # 5 Exhibit Screenshot of National Storm Shelter, # 6 Exhibit Screenshot of Defendant service location)(Brockman, Scott) (Entered: 06/16/2010)

2010-06-16

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MOTION for Leave to File Reply by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 06/23/2010)

2010-06-23

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AMENDED MOTION for Leave to File a Sur-Response re. Defendants' Motion to Dismiss by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 06/23/2010)

2010-06-23

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RESPONSE in Opposition re 16 AMENDED MOTION for Leave to File a Sur-Response re. Defendants' Motion to Dismiss filed by National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 07/01/2010)

2010-07-01

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ORDER granting 15 16 Motion for Leave to File Sur-Response to Defendants' Motion to Dismiss. Signed by Honorable Robin J. Cauthron on 7/2/10. (lg, ) (Entered: 07/02/2010)

2010-07-02

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ENTRY of Appearance by Edward L White on behalf of A to Z Machining Service LLC, Flatsafe Shelters LLC (White, Edward) (Entered: 07/02/2010)

2010-07-02

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RESPONSE to Motion re 12 MOTION to Dismiss for Lack of Jurisdiction filed by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 07/07/2010)

2010-07-07

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ORDER denying 12 Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. Signed by Honorable Robin J. Cauthron on 8/6/10. (lg, ) (Entered: 08/06/2010)

2010-08-06

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STATUS/SCHEDULING DOCKET (lg, ) (Entered: 08/18/2010)

2010-08-18

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ANSWER to Complaint by National Storm Shelter LLC, Turner Machine Co Inc.(Brockman, Scott) (Entered: 08/26/2010)

2010-08-26

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MOTION to Dismiss and brief in support. (Brockman, Scott) (Entered: 08/26/2010)

2010-08-26

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JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC, Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (White, Edward) (Entered: 09/08/2010)

2010-09-08

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ORDER re: status/scheduling conference. Signed by Honorable Robin J. Cauthron on 9/9/10. (lg, ) (Entered: 09/09/2010)

2010-09-09

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MOTION for Extension of Time by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 09/22/2010)

2010-09-22

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ORDER granting 27 Plaintiffs' Motion for Extension of Time. Signed by Honorable Robin J. Cauthron on 9/22/10. (lg, ) (Entered: 09/22/2010)

2010-09-22

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RESPONSE in Opposition re 24 MOTION to Dismiss and brief in support filed by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 09/22/2010)

2010-09-22

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Exhibit List / Witness List by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 12/01/2010)

2010-12-01

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ORDER denying 24 Motion to Dismiss by Defendant Jeffrey D. Turner, Individually. Signed by Honorable Robin J. Cauthron on 12/6/10. (lg, ) (Entered: 12/06/2010)

2010-12-06

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Exhibit List / Witness List by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 12/08/2010)

2010-12-08

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MOTION for Extension of Time by A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 12/30/2010)

2010-12-30

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ORDER granting 33 Plaintiffs' Motion for Extension of Time. Signed by Honorable Robin J. Cauthron on 1/4/11. (lg, ) (Entered: 01/04/2011)

2011-01-04

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Exhibit List / Witness List -- Amended by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 02/10/2011)

2011-02-10

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MOTION for Extension of Time to File Claim Construction Brief by All Plaintiffs. (White, Edward) (Entered: 04/11/2011)

2011-04-11

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ORDER granting 36 Motion for Extension of Time to File Claim Construction Brief. Signed by Honorable Robin J. Cauthron on 4/12/11. (lg, ) (Entered: 04/12/2011)

2011-04-12

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BRIEF IN SUPPORT of Plaintiffs Claim Constructions by All Plaintiffs. (Attachments: # 1 Exhibit Pat. No. 7,428,800, # 2 Exhibit First Office Action, # 3 Exhibit Response to First Office Action, # 4 Exhibit Depo of Jeff Turner, # 5 Exhibit Larry Tanner Expert Report, # 6 Exhibit Claims Chart, # 7 Exhibit Depo of Expert Steve Ballinger, # 8 Exhibit Depo of Jerry Wirtz, # 9 Exhibit Depo of Expert Larry Tanner)(White, Edward) (Entered: 04/14/2011)

2011-04-14

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BRIEF IN SUPPORT re 38 Brief, and Opposition to Plaintiff's Opening Brief Regarding Construction Claim by All Defendants. (Attachments: # 1 Exhibit 1, Plaintiff's Opening Brief Regarding Claim Construction, # 2 Exhibit 2, Transcript portions of Jeff Turner, # 3 Exhibit 3, Transcript portions of Jerry Wirtz, # 4 Exhibit 4, Plaintiff's Broadening Reissue Application filed in patent office, # 5 Exhibit 5, Defendant's Protest to Plaintiff's Reissue Application, # 6 Exhibit 6, US 7,420,800 (800 patent), # 7 Exhibit 7, Transcript portions of Larry Tanner, # 8 Exhibit 8, Transcript portions of Steven Ballinger, # 9 Exhibit 9, Portions of Larry Tanner's Opinion Report, # 10 Exhibit 10, Patent Office Notice of Allowing for the 800 patent)(Brockman, Scott) (Entered: 05/12/2011)

2011-05-12

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SUPPLEMENT re 39 Brief,,, Responding to Plaintiffs' Construction Brief by All Plaintiffs. (Attachments: # 1 Exhibit 11, US 3,114,153 (Pierson patent))(Brockman, Scott) (Entered: 05/13/2011)

2011-05-13

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REPLY by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC re 39 Brief,,, filed by All Plaintiffs. (White, Edward) (Entered: 05/24/2011)

2011-05-24

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SURREPLY re 41 Reply Brief on Claim Construction filed by All Defendants. (Brockman, Scott) (Entered: 06/09/2011)

2011-06-09

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ORDER setting Markman hearing. Signed by Honorable Robin J. Cauthron on 6/30/11. (lg, ) (Entered: 06/30/2011)

2011-06-30

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NOTICE of Hearing: Markman Hearing re-set for 8/3/2011 01:00 PM Honorable Robin J. Cauthron. (lg, ) (Entered: 07/11/2011)

2011-07-11

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Minute Entry for proceedings held before Honorable Robin J. Cauthron: Markman Hearing held on 8/3/2011. (lg, ) (Entered: 08/04/2011)

2011-08-03

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SUPPLEMENT re 43 Order, 44 Notice of Hearing for Markman Hearing by All Defendants. (Attachments: # 1 Exhibit 1, Utility Patent Application, # 2 Exhibit 2, US Patent & Trademark Office 6-17-04, # 3 Exhibit 3, Response to 8-1-07 Office Action, # 4 Exhibit 4, Notice of Allowance & Fees Due, # 5 Exhibit 5, US Patent-Vaughn, # 6 Exhibit 6, MPEP 2173, # 7 Exhibit 7, Pierson Patent, # 8 Exhibit 8, Poole Patent, # 9 Exhibit 9, Power Point)(Brockman, Scott) (Entered: 08/04/2011)

2011-08-04

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SUPPLEMENT For Markman Hearing by All Plaintiffs. (Attachments: # 1 Attachment 1 - Plaintiff Opening, # 2 Attachment 2 - Rebuttal, # 3 Attachment 3 - Definition Comparisons)(White, Edward) (Entered: 08/08/2011)

2011-08-08

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MEMORANDUM OPINION and ORDER - Markman hearing, claim construction ruling. Signed by Honorable Robin J. Cauthron on 8/16/11. (lg, ) (Entered: 08/16/2011)

2011-08-16

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SCHEDULING ORDER: Jury Trial set for 11/7/2011 09:00 AM before Honorable Robin J. Cauthron.. Signed by deputy clerk on 8/23/11. (lg, ) (Entered: 08/23/2011)

2011-08-23

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TRIAL DOCKET: Jury Trial set for 11/7/2011 09:00 AM before Honorable Robin J. Cauthron. (lg, ) (Entered: 09/13/2011)

2011-09-13

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JOINT MOTION to Continue Trial Docket by All Parties. (White, Edward) (Entered: 10/11/2011)

2011-10-11

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ORDER granting 51 Joint Motion for Continuation of the Trial Docket. Signed by Honorable Robin J. Cauthron on 10/12/11. (lg, ) (Entered: 10/12/2011)

2011-10-12

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BRIEF & MOTION for Summary Judgment by Jeffrey D Turner, Turner Machine Co Inc. (Attachments: # 1 Exhibit 1, Testimony of Wirtz, # 2 Exhibit 2, Testimony of Tanner, # 3 Exhibit 3, Testimony of Turner, # 4 Exhibit 4, Testimony of Turner, Vol. 2, # 5 Exhibit 5, Testimony of Ballinger, # 6 Exhibit 6, Drawings Submitted to NSSA, # 7 Exhibit 7, Tanner Report, # 8 Exhibit 8, Background of the Invention, # 9 Exhibit 9, Office Action Summary, # 10 Exhibit 10, Transmittal Form, # 11 Exhibit 11, 800 Patent, # 12 Exhibit 12, Email with Letter, # 13 Exhibit 13, Reissue Patent Application)(Brockman, Scott) Modified on 11/1/2011 (lg, ). (Entered: 11/01/2011)

2011-11-01

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BRIEF IN SUPPORT of Claim Construction for "Roller Means" and "Support Means" by All Defendants. (Brockman, Scott) (Entered: 11/01/2011)

2011-11-01

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MOTION for Summary Judgment on Liability by All Plaintiffs. (Attachments: # 1 Exhibit 01 - '800 Patent, # 2 Exhibit 02 - Pictures of Plaintiff's Shelter, # 3 Exhibit 03 - Plaintiff's Web Site, # 4 Exhibit 04 - Copy of '800 Patent, # 5 Exhibit 05 - Turner Depo, # 6 Exhibit 06 - Johns Depo - Draft, # 7 Exhibit 07 - Turner Second Depo - Draft, # 8 Exhibit 08 - Screen Shots of Handles, # 9 Exhibit 09 - Wald Case, # 10 Exhibit 10 - All Weather Brochure, # 11 Exhibit 11 - Pictures of Defendant's Above Ground Shelter)(White, Edward) (Entered: 11/01/2011)

2011-11-01

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Exhibit List / Witness List by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 11/04/2011)

2011-11-04

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Exhibit List / Witness List by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 11/14/2011)

2011-11-14

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OBJECTIONS re 56 Exhibit List / Witness List filed by All Defendants. (Brockman, Scott) (Entered: 11/14/2011)

2011-11-14

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RESPONSE in Opposition re 55 MOTION for Summary Judgment on Liability filed by All Defendants. (Attachments: # 1 Exhibit 1, Depo Testimony of Johns, # 2 Exhibit 2, Depo Testimony of Turner, # 3 Exhibit 3, Depo Testimony of Witz)(Brockman, Scott) (Entered: 11/22/2011)

2011-11-22

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SUPPLEMENT re 59 Response in Opposition to Motion, for Partial Summary Judgment by All Defendants. (Brockman, Scott) (Entered: 11/23/2011)

2011-11-23

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MOTION for Extension of Time to File Response/Reply to Defendants' Motion for Summary Judgement by All Plaintiffs. (White, Edward) (Entered: 11/28/2011)

2011-11-28

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ORDER granting 61 Plaintiffs' Motion for Leave to File Response to Defendants' Motion for Summary Judgment. Signed by Honorable Robin J. Cauthron on 11/29/11. (lg, ) (Entered: 11/29/2011)

2011-11-29

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RESPONSE to Motion re 53 MOTION for Summary Judgment and Reply to Responses [59 and 60] filed by All Plaintiffs. (Attachments: # 1 Exhibit Depo of Jerry Wirtz, # 2 Exhibit Depo of Brian Johns, # 3 Exhibit Tanner Expert Report, # 4 Exhibit Copyright Registrations, # 5 Exhibit Depo of Tanner)(White, Edward) (Entered: 11/30/2011)

2011-11-30

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OBJECTIONS re 57 Exhibit List / Witness List filed by All Plaintiffs. (White, Edward) (Entered: 12/01/2011)

2011-12-01

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TRIAL DOCKET: Jury Trial set for 1/9/2012 09:00 AM before Honorable Robin J. Cauthron. (lg, ) (Entered: 12/06/2011)

2011-12-06

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REPLY by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc re 53 MOTION for Summary Judgment In Support of Same filed by All Defendants. (Attachments: # 1 Exhibit 1, Depo Testimony of Wirtz, # 2 Exhibit 2, engineer specs-large, # 3 Exhibit 3, engineer specs-Xlarge, # 4 Exhibit 4, Depo Testimony of Johns, # 5 Exhibit 5, Page 19 of Expert Tanner Report)(Brockman, Scott) (Entered: 12/07/2011)

2011-12-07

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Proposed Voir Dire by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 12/27/2011)

2011-12-27

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Proposed Jury Instructions by Defendants National Storm Shelter LLC, Jeffrey D Turner, Turner Machine Co Inc. (Brockman, Scott) (Entered: 12/27/2011)

2011-12-27

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MOTION in Limine and brief in support by All Defendants. (Brockman, Scott) (Entered: 12/27/2011)

2011-12-27

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Proposed Jury Instructions by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 12/27/2011)

2011-12-27

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Proposed Voir Dire by Plaintiffs A to Z Machining Service LLC, Flatsafe Shelters LLC. (White, Edward) (Entered: 12/27/2011)

2011-12-27

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MOTION in Limine by All Plaintiffs. (White, Edward) (Entered: 12/27/2011)

2011-12-27

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ORDER for Response re 72 MOTION in Limine filed by Flatsafe Shelters LLC, A to Z Machining Service LLC. Signed by Honorable Robin J. Cauthron on 12/28/11. (lg, ) (Entered: 12/28/2011)

2011-12-28

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ORDER for Response re 69 MOTION in Limine and brief in support filed by National Storm Shelter LLC, Turner Machine Co Inc, Jeffrey D Turner. Signed by Honorable Robin J. Cauthron on 12/28/2011. (cpp) (Entered: 12/28/2011)

2011-12-28

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MEMORANDUM OPINION stating defendant's Motion for Summary Judgment doc 53 is partially Granted and defendant's Motion regarding Defendant's pre-suit design is Denied and Plaintiffs' Motion for Partial Summary Judgment doc 55 is Denied. Signed by Honorable Robin J. Cauthron on 12/29/2011. (cpp) (Entered: 12/29/2011)

2011-12-29

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FINAL PRETRIAL REPORT. (White, Edward) (Entered: 01/03/2012)

2012-01-03

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DESIGNATION OF DEPOSITION TESTIMONY by All Plaintiffs. (White, Edward) (Entered: 01/03/2012)

2012-01-03

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DESIGNATION OF DEPOSITION TESTIMONY by All Defendants. (Brockman, Scott) (Entered: 01/03/2012)

2012-01-03

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EMERGENCY MOTION for Leave to File Amended Complaint by All Plaintiffs. (White, Edward) FILED IN ERROR - TERMED, Modified on 1/6/2012 (lg, ). (Entered: 01/05/2012)

2012-01-05

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EMERGENCY MOTION for Leave to File Amended Complaint by All Plaintiffs. (White, Edward) (Entered: 01/06/2012)

2012-01-06

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ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set for 1/9/2012 at 09:30 AM in Courtroom 201 before Magistrate Judge Gary M. Purcell. Signed by Magistrate Judge Gary M. Purcell on 1/6/2012. (brs) (Entered: 01/06/2012)

2012-01-06

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ORDER held in abey 80 Emergency Motion for Leave to Amend the Complaint. Signed by Honorable Robin J. Cauthron on 1/6/12. (lg, ) (Entered: 01/06/2012)

2012-01-06

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ENTER ORDER: A settlement conference was held this date in the above case. Plaintiffs A to Z Machining Service, LLC and Flatsafe Shelters, LLC appeared through their representatives Jerry and Jeanelle Wirtz and by lead trial counsel, Edward L. White and Craig Sanders. Defendants National Storm Shelter, LLC, Turner Machine Co., Inc. appeared through its representative, Defendant Jeffrey D. Turner, Corporate representative, and by lead trial counsel, Scott F. Brockman and Mick McCarthy. The case settled and a 30 day administrative closing order will be entered. Signed by Magistrate Judge Gary M. Purcell on 1/9/2012. (brs) (Entered: 01/09/2012)

2012-01-09

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ADMINISTRATIVE CLOSING ORDER. Signed by Honorable Robin J. Cauthron on 1/11/12. (lg, ) (Entered: 01/11/2012)

2012-01-11

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STIPULATION of Dismissal by All Plaintiffs. (White, Edward) (Entered: 02/13/2012)

2012-02-13

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Report Regarding Patent and Trademark: Case has been closed per settlement and compromise of the parties. Case has been administratively closed without pred to the rights of the parties to reopen the proceeding for good cause shown, for the entry of any stip or order. If not reponed within 30 days from closing order dated 1/11/12, plaintiffs action shall be deeme to be dismissed. (cpp) (Entered: 02/11/2013)

2013-02-11

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Overview

Parties

Defendant

National Storm Shelter LLC

Represented By

Plaintiff