DRIESSEN v. WALMART, INC.
1:19-cv-03239
Overview
Case Number
1:19-cv-03239
Filing Date
2019-10-28
Status
Litigation filed
Court
District Court, District of Columbia (dcd)
Nature of Suit
830 Patent
Jurisdiction Type
Federal Question
Cause of Action
35:271 Patent Infringement
Jury Demand
Plaintiff
Parties
Defendant
Plaintiff
Court & Judges
Court
District Court, District of Columbia (dcd)
Patents Involved
No asserted patent numbers detected in initial docket filings yet.
Docket Entries
COMPLAINT against WALMART, INC. ( Filing fee $ 400, receipt number 4616101225) with Jury Demand filed by JAMES L. DRIESSEN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 10/29/2019)
2019-10-28
1
COMPLAINT against WALMART, INC. ( Filing fee $ 400, receipt number 4616101225) with Jury Demand filed by JAMES L. DRIESSEN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 10/29/2019)
2019-10-28
2
COMPLAINT against WALMART, INC. ( Filing fee $ 400, receipt number 4616101225) with Jury Demand filed by JAMES L. DRIESSEN. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(jf) (Entered: 10/29/2019)
2019-10-28
2
Summons (1) Issued as to WALMART, INC. (jf)
2019-10-28
1
No Actions
Summons Issued
2019-10-29
1
No Actions
STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 11/5/19. (Attachment: Exhibit 1) (mac) (Entered: 11/05/2019)
2019-11-05
1
Create Case Association
2019-12-09
1
No Actions
Cases associated. Case 19-3239 and 19-3301 have been consolidated pursuant to Minute Order filed on 12/02/2019. From this date forward, all pleadings shall be filed ONLY in the lead/earlier case, Civil Action No. 19-3239 (jf)
2019-12-09
1
No Actions
NOTICE of Appearance by Amanda Leigh Major on behalf of TARGET CORPORATION (Major, Amanda) (Entered: 01/15/2020)
2020-01-15
1
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sonal N. Mehta, Filing fee $ 100, receipt number ADCDC-6735712. Fee Status: Fee Paid. Fee Status: No Fee Paid. by TARGET CORPORATION (Attachments: # 1 Declaration of Sonal Mehta, # 2 Text of Proposed Order)(Major, Amanda) (Entered: 01/15/2020)
2020-01-15
1
MOTION for Extension of Time to File Answer re 1 Complaint by TARGET CORPORATION (Attachments: # 1 Text of Proposed Order)(Major, Amanda) (Entered: 01/15/2020)
2020-01-15
1
MOTION for Extension of Time to File Answer re 1 Complaint by TARGET CORPORATION (Attachments: # 1 Text of Proposed Order)(Major, Amanda) (Entered: 01/15/2020)
2020-01-15
2
AMENDED COMPLAINT against BEST BUY COMPANY, INCORPORATED with Jury Demand filed by JAMES L. DRIESSEN.(eg) (Entered: 01/17/2020)
2020-01-15
1
.Order
2020-01-16
1
No Actions
MINUTE ORDER granting over objection, defendant's motion for extension of time. Defendant shall file its answer by no later than January 31, 2020. Future requests for extension of time shall not be filed absent an exigent circumstance. Signed by Judge Emmet G. Sullivan on 01/16/2020. (lcegs2)
2020-01-16
1
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Set/Reset Deadlines: Defendant Answer due by 1/31/2020. (mac)
2020-01-17
1
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MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney Sonal N. Mehta is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 01/17/2020. (lcegs2)
2020-01-17
1
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.Order
2020-01-17
1
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Order on Motion for Leave to Appear Pro Hac Vice
2020-01-17
1
No Actions
Set/Reset Deadlines
2020-01-17
1
No Actions
MINUTE ORDER. This case has been consolidated. ALL FILINGS shall be filed in Docket Number 19-cv-3239. ALL DOCUMENT CAPTIONS should contain the DRIESSEN v. WALMART, INC. caption and Docket Number 19-cv-3239. Signed by Judge Emmet G. Sullivan on 01/17/2020. (lcegs2)
2020-01-17
1
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MOTION for CM/ECF Password by JAMES L. DRIESSEN (jf) (Entered: 01/23/2020)
2020-01-22
1
NOTICE of Errata Sheets by JAMES L. DRIESSEN re 6 Amended Complaint (Attachments: # 1 Exhibit)(jf) (Entered: 01/23/2020)
2020-01-22
1
First AMENDED COMPLAINT against WALMART, INC. with Jury Demand filed by JAMES L. DRIESSEN. (Attachments: # 1 Exhibit)(jf) (Entered: 01/23/2020)
2020-01-22
1
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WALMART, INC. served on 1/16/2020, answer due 2/6/2020 (jf) (Entered: 01/23/2020)
2020-01-22
1
.Order
2020-01-23
1
No Actions
MINUTE ORDER granting 7 Plaintiff's Motion for a CM/ECF Username and Password. The Clerk of Court is directed to provide Mr. Driessen with a CM/ECF password. Signed by Judge Emmet G. Sullivan on 01/23/2020. (lcegs2)
2020-01-23
1
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ANSWER to 9 Amended Complaint, COUNTERCLAIM against JAMES L. DRIESSEN by TARGET CORPORATION.(Major, Amanda) (Entered: 01/31/2020)
2020-01-31
1
NOTICE of Appearance by Sonal Naresh Mehta on behalf of BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Mehta, Sonal) (Entered: 02/03/2020)
2020-02-03
1
MOTION to Dismiss Target's Counter-Claim for Declaratory Judgment by JAMES L. DRIESSEN (jf) (Entered: 02/04/2020)
2020-02-03
1
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. TARGET CORPORATION served on 11/12/2019, answer due 12/3/2019 (jf) (Entered: 02/04/2020)
2020-02-03
1
NOTICE of Appearance by Amanda Leigh Major on behalf of BEST BUY COMPANY, INCORPORATED, WALMART, INC. (Major, Amanda) (Entered: 02/06/2020)
2020-02-06
1
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- David P. Yin, Filing fee $ 100, receipt number ADCDC-6804752. Fee Status: Fee Paid. by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Attachments: # 1 Declaration of David P. Yin, # 2 Text of Proposed Order)(Major, Amanda) (Entered: 02/06/2020)
2020-02-06
1
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alix Pisani, Filing fee $ 100, receipt number ADCDC-6804812. Fee Status: Fee Paid. by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Attachments: # 1 Declaration of Alix Pisani, # 2 Text of Proposed Order)(Major, Amanda) (Entered: 02/06/2020)
2020-02-06
1
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests -NO CORPORATE PARENT by TARGET CORPORATION (Mehta, Sonal) (Entered: 02/06/2020)
2020-02-06
1
ANSWER to 9 Amended Complaint, COUNTERCLAIM against JAMES L. DRIESSEN by WALMART, INC..(Mehta, Sonal) (Entered: 02/06/2020)
2020-02-06
1
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WALMART, INC. (Mehta, Sonal) (Entered: 02/06/2020)
2020-02-06
1
Order on Motion for Leave to Appear Pro Hac Vice
2020-02-06
1
No Actions
MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice. Attorney Alix Elise Pisani is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/6/2020. (lcegs2)
2020-02-06
1
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MINUTE ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Attorney David P. Yin is hereby admitted pro hac vice to appear in this matter. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Emmet G. Sullivan on 2/6/2020. (lcegs2)
2020-02-06
1
No Actions
NOTICE of Appearance by Natalie Ann Bennett on behalf of BEST BUY COMPANY, INCORPORATED, WALMART, INC. (Bennett, Natalie) (Entered: 02/11/2020)
2020-02-11
1
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BEST BUY COMPANY, INCORPORATED (Mehta, Sonal) (Entered: 02/12/2020)
2020-02-12
1
ANSWER to 6 Amended Complaint, COUNTERCLAIM against BEST BUY COMPANY, INCORPORATED by BEST BUY COMPANY, INCORPORATED.(Mehta, Sonal) (Entered: 02/12/2020)
2020-02-12
1
NOTICE of Appearance by David Yin on behalf of BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Yin, David) (Entered: 02/13/2020)
2020-02-13
1
NOTICE of Appearance by Alix Pisani on behalf of BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Pisani, Alix) (Entered: 02/13/2020)
2020-02-13
1
MOTION to Dismiss Def. Best Buy's Counter-Claim by JAMES L. DRIESSEN (DRIESSEN, JAMES) (Entered: 02/18/2020)
2020-02-18
1
NOTICE of Filing an Amended Answer and Counterclaim by TARGET CORPORATION (Attachments: # 1 Redline Amended Answer)(Mehta, Sonal) (Entered: 02/18/2020)
2020-02-18
1
Amended ANSWER to Complaint with Jury Demand, COUNTERCLAIM against JAMES L. DRIESSEN by TARGET CORPORATION.(Mehta, Sonal) (Entered: 02/18/2020)
2020-02-18
1
MOTION to Dismiss Target's Amended Counter-claim by JAMES L. DRIESSEN (DRIESSEN, JAMES) (Entered: 02/20/2020)
2020-02-20
1
MOTION to Dismiss Walmart's Counter-claim by JAMES L. DRIESSEN (DRIESSEN, JAMES) (Entered: 02/20/2020)
2020-02-20
1
COUNTERCLAIM against JAMES L. DRIESSEN filed by BEST BUY COMPANY, INCORPORATED. (See Docket Entry 23 to view document)(zjf) (Entered: 12/28/2020)
2020-02-20
1
Memorandum in opposition to re 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 30 MOTION to Dismiss Walmart's Counter-claim, 29 MOTION to Dismiss Target's Amended Counter-claim filed by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION(hereafter sometimes "Target"), WALMART, INC.. (Attachments: # 1 Declaration of David P. Yin ISO of Memo in Opposition to Plaintiff's Motion to Dismiss, # 2 Exhibit 1, # 3 Text of Proposed Order)(Mehta, Sonal) (Entered: 03/03/2020)
2020-03-03
1
Memorandum in opposition to re 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 30 MOTION to Dismiss Walmart's Counter-claim, 29 MOTION to Dismiss Target's Amended Counter-claim filed by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION(hereafter sometimes "Target"), WALMART, INC.. (Attachments: # 1 Declaration of David P. Yin ISO of Memo in Opposition to Plaintiff's Motion to Dismiss, # 2 Exhibit 1, # 3 Text of Proposed Order)(Mehta, Sonal) (Entered: 03/03/2020)
2020-03-03
2
Memorandum in opposition to re 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 30 MOTION to Dismiss Walmart's Counter-claim, 29 MOTION to Dismiss Target's Amended Counter-claim filed by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION(hereafter sometimes "Target"), WALMART, INC.. (Attachments: # 1 Declaration of David P. Yin ISO of Memo in Opposition to Plaintiff's Motion to Dismiss, # 2 Exhibit 1, # 3 Text of Proposed Order)(Mehta, Sonal) (Entered: 03/03/2020)
2020-03-03
2
Memorandum in opposition to re 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 30 MOTION to Dismiss Walmart's Counter-claim, 29 MOTION to Dismiss Target's Amended Counter-claim filed by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION(hereafter sometimes "Target"), WALMART, INC.. (Attachments: # 1 Declaration of David P. Yin ISO of Memo in Opposition to Plaintiff's Motion to Dismiss, # 2 Exhibit 1, # 3 Text of Proposed Order)(Mehta, Sonal) (Entered: 03/03/2020)
2020-03-03
2
REPLY to opposition to motion re 30 MOTION to Dismiss Walmart's Counter-claim, 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 29 MOTION to Dismiss Target's Amended Counter-claim, 13 MOTION to Dismiss Def. Target's Counter-claim filed by JAMES L. DRIESSEN. (Attachments: # 1 Affidavit Declaration of Patentee, # 2 Exhibit Exh 1 (Emails), # 3 Exhibit Exh 2 (Parties))(DRIESSEN, JAMES) (Entered: 03/10/2020)
2020-03-10
1
NOTICE of Change of Address by JAMES L. DRIESSEN (DRIESSEN, JAMES) (Entered: 05/08/2020)
2020-05-08
1
STRICKEN PURSUANT TO MINUTE ORDER FILED ON 1124/2020.....SUPPLEMENTAL MEMORANDUM /to re 26 MOTION to Dismiss Def. Best Buy's Counter-Claim, 30 MOTION to Dismiss Walmart's Counter-claim, 29 MOTION to Dismiss Target's Amended Counter-claim, 13 MOTION to Dismiss filed by JAMES L. DRIESSEN. (Attachments: # 1 Exhibit Exh-1 Good L Corp v Fasteners, # 2 Exhibit Exh-2 Breeder's Cup v Nuvei, # 3 Exhibit Exh-3-1 P's Proposed Scheduling, # 4 Exhibit Exh-3-2 Attempts to Confer)(DRIESSEN, JAMES) Modified on 11/30/2020 (zjf). (Entered: 05/27/2020)
2020-05-27
1
RESPONSE re 34 Supplemental Memorandum,, filed by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC.. (Mehta, Sonal) (Entered: 06/05/2020)
2020-06-05
1
NOTICE of Appearance by Calvin M. Brien on behalf of BEST BUY COMPANY, INCORPORATED, WALMART, INC. (Brien, Calvin) (Entered: 07/13/2020)
2020-07-13
1
Order on Motion to Dismiss
2020-11-13
1
No Actions
MINUTE ORDER finding as moot 13 motion to dismiss in view of 28 Amended Answer. Signed by Judge Emmet G. Sullivan on 11/13/2020. (lcegs1)
2020-11-13
1
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MINUTE ORDER denying 26 motion to dismiss defendant Best Buy's Counter-Claim; denying 29 motion to dismiss defendant Target's Amended Counter-Claim; denying 30 motion to dismiss defendant Walmart's Counter-Claim. Plaintiff moves to dismiss each counter-claim on the grounds that the counter-claims are "mirror-image" restatements of his patent infringement and invalidity claims and because they are factually deficient. ECF No. 26 at 6, ECF No. 29 at 7, ECF No. 30 at 7. Each defendant's counterclaim is for a Declaratory Judgment of non-infringement and invalidity. See generally ECF No. 19, ECF No. 23, ECF No. 28.The Court rejects plaintiff's arguments for the following reasons. First, defendants' counterclaims are not redundant. Plaintiff argues that the declaratory relief sought in the counter-claims have been pleaded in the complaint and answer and consequently would become moot upon the adjudication of the complaint. See ECF No. 26 at 8, ECF No. 29 at 9, ECF No. 230 at 9. However, defendants' counterclaims will not be rendered moot. See Altvater v. Freeman, 319 U.S. 359, 363 (1943) (We have here not only bill and answer but a counterclaim. Though decision of non-infringement disposes of the bill and answer, it does not dispose of the counterclaim which raises questions of validity.) Fisher-Price, Inc. v. Safety 1st Co., No. Civ.A. 01-51, 2002 WL 1307333, at *10 n. 13 (D. Del. June 14, 2002) (The Court is aware that when invalidity is presented only as an affirmative defense, the court need not address invalidity when it finds non-infringement... However, since invalidity is also asserted as a counterclaim in this case, the court feels it is appropriate to address the invalidity of the 435 patent in spite of the finding of non-infringement.). Furthermore, courts consider non-infringement and invalidity declaratory judgment counterclaims to clarify legal rights in future litigation. See Altvater, 319 U.S. at 360-61; Geznyme Corp. v. Dr. Reddys Labs, Ltd., No. 13-1506-(GMS) 2016 WL 2757689, at *8 (D. Del. May 11, 2016). Finally, plaintiff has not identified any prejudice to him in the counterclaims he asks the Court to strike. See Uzlyan v. Solis, 706 F. Supp. 2d 44, 51-52 (D.D.C. 2010). Second, defendants' counterclaims contain sufficient factual allegations to withstand plaintiff's motions to dismiss them. Fed. R. Civ. P. 8(a)(2) requires a pleading to contain a short and plain statement of the claim showing that the pleader is entitled to relief. See Aktieselkabet Af 21 Nov. 2001 v. Fame Jeans, Inc., 525 F.3d 8, 15 (D.C. Cir. 2008) (citing Ciralsky v. CIA, 355 F.3d 661, 668-670 (D.C. Cir. 2004)). The pleading must contain factual allegations that, accepted as true and construed in the defendants' favor, "state a claim to relief that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quotation marks and citation omitted). Here, defendants have: (1) set forth the ways in which the patent at issue could be found to be invalid; and (2) have described the factual bases supporting their non-infringement counterclaim. See ECF No. 19 at 16-17, ECF No. 23 at 17-18, ECF No. 28 at 16-18. Accordingly, the factual allegations in the counterclaims are adequate to satisfy the pleading standard. See Dror v. Kenu, Inc., No. 19-CV-03043-LB, 2019 WL 5684520, at *10 (N.D. Cal. Nov. 1, 2019) (denying motion to dismiss counterclaim for invalidity where the counterclaim identified "references to a specific piece of prior art" and thus provided plaintiff with adequate notice of the grounds for defendant's counterclaim); Nouis Techs., Inc. v. Polaris Indus. Inc, No. 14-CV-233-JDP, 2015 WL 3407862, at *3 (W.D. Wis. May 27, 2015) (denying motion to dismiss infringement counterclaim and noting that "[i]n patent litigation, a counterclaim for a declaration of non-infringement is largely a placeholder in case the plaintiff were to try to dismiss the case" and that "generally, denying the allegation of infringement more or less inherently sets up a plausible counterclaim for non-infringement.").Signed by Judge Emmet G. Sullivan on 11/24/2020. lcegs1)
2020-11-24
1
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MINUTE ORDER striking 34 supplemental memorandum filed by plaintiff. Because plaintiff filed the supplemental memorandum after he filed his reply brief with the purpose of supplementing his motion to dismiss, it is a surreply. See Schmidt v. Shah, 696 F. Supp. 2d 44, 59 (D.D.C. 2010). [B]efore filing a surreply, a party must request the Court's permission to do so..." Gebretsadike v. Travelers Home & Marine Ins. Co., 103 F. Supp. 3d 78, 86 (D.D.C. 2015) (internal quotation marks and citations omitted). Plaintiff failed to seek the Court's permission to file his surreply. Signed by Judge Emmet G. Sullivan on 11/24/2020. (lcegs1)
2020-11-24
1
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MINUTE ORDER REFERRING CASE to Magistrate Judge Zia Faruqui for Full Case Management up to but excluding trial pursuant to Local Civil Rule 72.2. This includes, with respect to any potentially dispositive motions, the preparation of a report and recommendation pursuant to Local Civil Rule 72.3. The parties are reminded, that pursuant to Local Civil Rule 73.1, the parties may consent to the assignment of this action to a magistrate judge for all purposes, including trial. Consent of the district court judge is not necessary. Signed by Judge Emmet G. Sullivan on 11/24/2020. (lcegs1)
2020-11-24
1
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CASE DIRECTLY REFERRED to Magistrate Judge Zia M. Faruqui for full case management. (zsb)
2020-11-24
1
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Order on Motion to Dismiss AND Order on Motion to Dismiss AND Order on Motion to Dismiss
2020-11-24
1
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.Order
2020-11-24
1
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Order Referring Case to Magistrate Judge
2020-11-24
1
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Case Referred to Magistrate Judge
2020-11-24
1
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Order to Answer
2020-12-21
1
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MINUTE ORDER directing pro se Plaintiff to submit an Answer to defendant Best Buy's Counter-Claim 23 ; defendant Walmart's Counter-Claim 19 ; and defendant Target's Amended Counter-Claim 28 by December 31, 2020. Under Federal Rule of Civil Procedure 12(a)(4)(A), "if the court denies [a] motion... the responsive pleading must be served within 14 days after notice of the court's action." As pro se Plaintiff has an ECF password, see Minute Order (Jan 23, 2020), he had notice of the Court's denial of his Motions to Dismiss Defendants' Counter-Claims on November 24, 2020, see Minute Order (Nov. 24, 2020). The Court hereby ORDERS Plaintiff to answer Defendants' Counter-Claims 19, 23, and 28, or file a request for an extension, by no later than December 31, 2020. Signed by Magistrate Judge Zia M. Faruqui on 12/21/2020. (lclw) Modified on 12/28/2020 (ztl).
2020-12-21
1
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ANSWER to Counterclaim 19 with Jury Demand by JAMES L. DRIESSEN.(DRIESSEN, JAMES) (Entered: 12/27/2020)
2020-12-27
1
ANSWER to Counterclaim 28 with Jury Demand by JAMES L. DRIESSEN.(DRIESSEN, JAMES) (Entered: 12/27/2020)
2020-12-27
1
ANSWER to Counterclaim 39 with Jury Demand (w/Dkt Correction to Doc. 23 ) by JAMES L. DRIESSEN.(DRIESSEN, JAMES) (Entered: 12/28/2020)
2020-12-28
1
Counterclaim
2020-12-28
1
No Actions
Joint MOTION to Stay Case Pending Inter Parties Review by BEST BUY COMPANY, INCORPORATED, TARGET CORPORATION, WALMART, INC. (Attachments: # 1 Text of Proposed Order)(Mehta, Sonal) Modified on 12/30/2020 to correct docket event/text (zjf). (Entered: 12/30/2020)
2020-12-30
1
ORDER granting 41 Joint Motion to Stay. Signed by Magistrate Judge Zia M. Faruqui on 1/6/2021. (lclw)
2021-01-06
1
Status Report
2022-04-29
1
Status Report
2022-06-15
1
Notice of Change of Address
2023-01-26
1
Stipulation of Dismissal
2023-05-01
1