Monsanto Company v. Slusser

COMPLAINT against defendant Kevin Slusser with receipt number 08650000000002116842, in the amount of $350 Non-Jury Demand,, filed by Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Original Filing Form, # 4 Exhibit Exhibit A, # 5 Exhibit Exhibit B (1 of 3), # 6 Exhibit Exhibit B (2 of 3), # 7 Exhibit Exhibit B (3 of 3), # 8 Exhibit Exhibit C)(Cox, Daniel) (Entered: 01/14/2010)

2010-01-14

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DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiffs Monsanto Company, Monsanto Technology, LLCParent companies: no, Subsidiaries: yes, Publicly held company: yes,. (Cox, Daniel) (Entered: 01/14/2010)

2010-01-14

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NOTICE OF PROCESS SERVER by Plaintiffs Monsanto Company, Monsanto Technology, LLC Process Server: McDowell & Associates, Ltd (Cox, Daniel) (Entered: 01/14/2010)

2010-01-14

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MOTION to Expedite Discovery and Entry of a Protective Order by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Cox, Daniel) (Entered: 01/14/2010)

2010-01-14

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MEMORANDUM in Support of Motion re 4 MOTION to Expedite Discovery and Entry of a Protective Order filed by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Cox, Daniel) (Entered: 01/14/2010)

2010-01-14

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REPORT to Commissioner of filing or determination of an action regarding Patent (BAK) (Entered: 03/08/2010)

2010-01-14

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SUMMONS Returned Executed filed by Monsanto Company, Monsanto Technology, LLC. Kevin Slusser served on 1/15/2010, answer due 2/5/2010. (Cox, Daniel) (Entered: 01/20/2010)

2010-01-20

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MOTION for Extension of time by Defendant Kevin Slusser. (KXS) (Entered: 02/05/2010)

2010-02-05

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ORDER IT IS HEREBY ORDERED that the pro se motion of defendant Kevin Slusser (Doc. 7) for an extension of time, construed by the court as a motion for an additional forty days in which to file an answer or other responsive pleading, is sustained. Defendant shall have until March 17, 2010, in which to respond to the complaint. 7 Signed by Magistrate Judge David D. Noce on 2/8/10. (KXS) (Entered: 02/08/2010)

2010-02-08

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NOTICE Withdrawal of Consent to Jurisdiction by United States Magistrate Judge: by Plaintiffs Monsanto Company, Monsanto Technology, LLC (Cox, Daniel) (Entered: 02/08/2010)

2010-02-08

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SCHEDULING ORDER: IT IS HEREBY ORDERED that a status hearing is set before the undersigned on Wednesday, February 10, 2010, at 2:00 p.m. The pro se defendant may participate by conference telephone call. Counsel for plaintiffs shall provide any known telephone number of the pro se plaintiff to the Clerk of the Court as soon as practicable today. Signed by Magistrate Judge David D. Noce on 02/09/2010; (DJO) (Entered: 02/09/2010)

2010-02-09

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Motion Hearing held on 2/10/2010 re 4 MOTION to Expedite Discovery and Entry of a Protective Order and request to withdraw consent to a magistrate judge filed by Monsanto Technology, LLC, Monsanto Company; deft was not present and the Court was unable to contact the deft by telephone; the Court grants the mtn for expedited discovery; the Court grants the request of pltf's to withdraw the notice of withdrawal of consent to jurisdiction by a magistrate judge; the pltf will serve copies of orders upon deft. (Court Reporter or FTR Gold Operator initials:K. Spurgeon.) (FTR Gold yes or no: yes.) (KXS) (Entered: 02/10/2010)

2010-02-10

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ORDER Plaintiff's motion for leave to serve expedited discovery and entry of a protective order is GRANTED. It is further ordered that deft must respond to pltfs' discovery within ten (10) days from the date of service. 4 Signed by Magistrate Judge David D. Noce on 2/10/10. (KXS) (Entered: 02/10/2010)

2010-02-10

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PROTECTIVE ORDER. Signed by Magistrate Judge David D. Noce on 2/10/10. (KXS) (Entered: 02/10/2010)

2010-02-10

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Docket Text ORDER: The request of plaintiffs to withdraw the Notice of Withdrawal of Consent to a Magistrate Judge is GRANTED; it is further ordered that plaintiffs shall effect service of orders entered on 2/10/10 upon deft in the most efficient way at their disposal and shall file with the Court the returns of service of same. Signed by Magistrate Judge David D. Noce on 2/10/10. (KXS) (Entered: 02/10/2010)

2010-02-10

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Telephone Status Conference held on 2/11/2010 on deft's question re: completing consent to a magistrate judge. (Court Reporter or FTR Gold Operator initials:K. Spurgeon.) (FTR Gold yes or no: yes.) (KXS) (Entered: 02/11/2010)

2010-02-11

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NOTICE Service per 2/10/10 order: by Plaintiffs Monsanto Company, Monsanto Technology, LLC re 14 Docket Text Order, (Attachments: # 1 Declaration of David Chalfant)(Cox, Daniel) (Entered: 02/12/2010)

2010-02-12

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FULL CONSENT has been received by Plaintiffs Monsanto Company, Monsanto Technology, LLC, Defendant Kevin Slusser. (KMS) (Entered: 02/16/2010)

2010-02-16

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MOTION for Sanctions and to Compel Discovery by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cox, Daniel) (Entered: 03/02/2010)

2010-03-02

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ORDER: IT IS HEREBY ORDERED that defendant Kevin Slusser shall file a written response to plaintiffs motion to compel and for sanctions (Doc. 18) no later than March 18, 2010. Response to Court due by 3/18/2010.. Signed by Magistrate Judge David D. Noce on 3/4/2010. (KMS) (Entered: 03/04/2010)

2010-03-04

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RESPONSE to Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Defendant Kevin Slusser. (Attachments: # 1 Envelope)(DJO) (Entered: 03/18/2010)

2010-03-17

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REPLY to Response to Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cox, Daniel) (Entered: 03/25/2010)

2010-03-25

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ORDER IT IS HEREBY ORDERED that a hearing on defendant's motion to compel and for sanctions (Doc. 18) is set before the undersigned on Wednesday, April 7, 2010, at 9:00 a.m. The pro se defendant may participate by conference telephone call. Signed by Magistrate Judge David D. Noce on 3/29/10. (KXS) (Entered: 03/29/2010)

2010-03-29

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Status Conference held on 4/7/2010; Motion hearing continued to 1:00 today (Court Reporter or FTR Gold Operator initials:KMS.) (FTR Gold yes or no: Yes.) (KMS) (Entered: 04/08/2010)

2010-04-07

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Motion Hearing held on 4/7/2010 re 18 MOTION for Sanctions and to Compel Discovery filed by Monsanto Technology, LLC, Monsanto Company ; testimony heard from one witness; plaintiff given 14 days to file a brief; defendant given 14 days to respond to plaintiffs brief; matter taken under submission. (Court Reporter or FTR Gold Operator initials:KMS.) (FTR Gold yes or no: Yes.) (KMS) (Entered: 04/08/2010)

2010-04-07

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Witness List for motion hearing. (KMS) (Entered: 04/08/2010)

2010-04-07

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Exhibit List for motion hearing. (KMS) (Entered: 04/08/2010)

2010-04-07

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EXHIBITS Received: Exhibits 1-4 by plaintiff, Exhibit A by defendant. (copy of plaintiffs video to be made and given to court)(KMS) (Entered: 04/08/2010)

2010-04-07

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TRANSCRIPT ORDER REQUEST by Monsanto Company, Monsanto Technology, LLC for proceedings of Plaintiffs' Motion for Sanctions for proceedings held on 4/7/2010 before Judge Noce.. (Cox, Daniel) (Entered: 04/08/2010)

2010-04-08

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Joint MOTION for Extension of: Time to File Post-Hearing Memoranda by Plaintiffs Monsanto Company, Monsanto Technology, LLC, Defendant Kevin Slusser. (Cox, Daniel) (Entered: 04/22/2010)

2010-04-22

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ORDER: IT IS HEREBY ORDERED that the joint motion of the parties (Doc. 30 ) for an extension of time, up to and including May 6, 2010, in which to attempt to resolve the case informally and for Monsanto to file its post-hearing memorandum on its pending motion, is sustained. Response to Court due by 5/6/2010. Signed by Magistrate Judge David D. Noce on 4/26/10. (KKS) (Entered: 04/26/2010)

2010-04-26

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MEMORANDUM in Support of Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 05/06/2010)

2010-05-06

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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the motion of plaintiffs (Doc. 18 ) for sanctions and to compel discovery against defendant Kevin Slusser is sustained in that defendant shall pay to plaintiffs the sum of $1,000 as reasonable fee s and expenses expended in the prosecution of the subject motion. In all other respects the motion is denied. IT IS FURTHER ORDERED that defendants obligation to pay plaintiffs reasonable expenses and fees is hereby stayed, subject to future order.. Signed by Magistrate Judge David D. Noce on 6/17/10. (KKS)

2010-06-17

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MOTION to Compel Responsive Pleading by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 12/14/2010)

2010-12-14

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ORDER : IT IS HEREBY ORDERED that the motion of plaintiffs (Doc. 34 ) that defendant file an answer or other responsive pleading is sustained, in that defendant Kevin Slusser shall have until close of business on December 31, 2010, to file an answer or other pleading responsive to plaintiffs complaint. Response to Court due by 12/31/2010. Signed by Magistrate Judge David D. Noce on 12/15/10. (KKS) (Entered: 12/15/2010)

2010-12-15

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Letter from defendant re:parties have not agreed on a fair settlement (KKS) (Entered: 01/03/2011)

2010-12-30

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ORDER TO SHOW CAUSE IT IS HEREBY ORDERED that the motion of plaintiffs (Doc. 34) that defendant Kevin Slusser show cause why a default judgment should not be issued against him (Doc. 34) is sustained. IT IS FURTHER ORDERED that defendant Kevin Slusser shall, not later than January 18, 2011, file a document advising the court of any legally sufficient reason defendant has for why the court should not issue a default judgment against him. IT IS FURTHER ORDERED that a hearing is set for Tuesday, January 25, 2011 at 2:00 p.m., on whether the court should issue a default judgment against defendant Kevin Slusser and, if such a judgment is to be issued, what the substance of the judgment should be. All parties must appear personally at this hearing. The court will not authorize a telephone conference for this hearing. Signed by Magistrate Judge David D. Noce on 1/4/11. (KXS) (Entered: 01/04/2011)

2011-01-04

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Letter from Ross Eye Care to the Court re: Kevin Slusser's medical condition. ORDERED FILED. Signed by Judge David D. Noce on 1/25/11. (KXS) (Entered: 01/25/2011)

2011-01-25

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ORDER RESETTING SHOW CAUSE HEARING IT IS HEREBY ORDERED that a telephonic hearing on whether the court should issue a default judgment against defendant Kevin Slusser and, if such a judgment is to be issued, what the substance of the judgment should be is reset for Tuesday, February 8, 2011 at 2:00 p.m. Signed by Magistrate Judge David D. Noce on 1/25/11. (KXS) (Entered: 01/25/2011)

2011-01-25

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Status Conference held on 1/25/2011; deft participates via telephone; hearing to be reset due to defendant's medical condition; rescheduled to 2/8/11 at 2:00 p.m.; conference will be held via telephone (FTR Gold yes or no: Yes.) (KXS) (Entered: 01/25/2011)

2011-01-25

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NOTICE OF FILING BANKRUPTCY filed by Defendant Kevin Slusser (KXS) (Entered: 02/08/2011)

2011-02-08

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Status Conference held on 2/8/2011 re: deft's notice of bankruptcy; discussion held; pltfs' counsel instructed to file monthly status reports beginning March 1, 2011. (Court Reporter or FTR Gold Operator initials:K. Spurgeon.) (FTR Gold yes or no: Yes.) (KXS) (Entered: 02/08/2011)

2011-02-08

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Docket Text ORDER: Counsel for plaintiffs shall file monthly status reports beginning March 1, 2011, re: the status of bankruptcy proceedings. Signed by Magistrate Judge David D. Noce on 2/8/11. (KXS) (Entered: 02/08/2011)

2011-02-08

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STATUS REPORT regarding Defendant's Bankruptcy Proceeding by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 03/08/2011)

2011-03-08

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 04/08/2011)

2011-04-08

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STATUS REPORT regarding Defendant's bankruptcy proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 05/03/2011)

2011-05-03

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STATUS REPORT regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 06/06/2011)

2011-06-06

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 08/02/2011)

2011-08-02

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 09/01/2011)

2011-09-01

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 10/05/2011)

2011-10-05

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 11/01/2011)

2011-11-01

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STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 12/05/2011)

2011-12-05

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NOTICE Relief From the Automatic Stay: by Plaintiffs Monsanto Company, Monsanto Technology, LLC (Attachments: # 1 Exhibit A)(Cox, Daniel) (Entered: 01/18/2012)

2012-01-18

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ORDER SETTING SHOW CAUSE HEARING: IT IS HEREBY ORDERED that a telephonic hearing on whether the court should issue a default judgment against defendant Kevin Slusser, and if such a judgment is to be issued, what the substance of the judgment should be is set for Tuesday, February 7, 2012 at 2:00 p.m. Show Cause Hearing set for 2/7/2012 02:00 PM by Telephone before Magistrate Judge David D. Noce. Signed by Magistrate Judge David D. Noce on 1/19/2012. (KMS) (Entered: 01/19/2012)

2012-01-19

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: parties present on plaintiff's request for default judgment; defendant is not represented by counsel at this time; Court heard arguments; parties given until the close of business next Tuesday to submit post hearing documentation including proposed orders; re 34 MOTION to Compel Responsive Pleading filed by Monsanto Technology, LLC, Monsanto Company. (FTR Gold Operator initials:Katie Stamm.) (FTR Gold: Yes.) (2:00-2:23) (KKS) (Entered: 02/07/2012)

2012-02-07

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RESPONSE TO COURT ORDER Plaintiff's Proposed Default Judgment and Order by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Text of Proposed Order Order and Default Judgment)(Cox, Daniel) (Entered: 02/14/2012)

2012-02-14

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RESPONSE TO COURT by Defendant Kevin Slusser. (Attachments: # 1 Envelope)(KXS) (Entered: 02/15/2012)

2012-02-15

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MEMORANDUM AND ORDER OF DEFAULT AND ORDER SETTING FURTHER PROCEEDINGS; IT IS HEREBY ORDERED that defendant Kevin Slusser is and has been in default on the complaint filed in this action, regarding plaintiffs' claims for defendant's saving a nd using plaintiffs' Roundup Ready soybean seed during the 2009 growing season in contravention of plaintiffs' patent rights and rights under their license agreement with defendant. IT IS FURTHER ORDERED that plaintiffs are granted leave to serve defendant Slusser discovery requests related to any outstanding issues in this case. Defendant Slusser shall respond to those and any outstanding discovery requests within the times set forth in the Federal Rules of Civil Procedure. Defendant Slusser shall appear in person for his deposition either as noticed by plaintiffs or as agreed upon by the parties. IT IS FURTHER ORDERED that all further discovery requests shall be submitted in hand to the opposing side not later than June 1, 2012, and shall be responded to not later than June 30, 2012. IT IS FURTHER ORDERED that, not later than July 31, 2012, plaintiffs shall file (a) a summary of the damages to which they are entitled for the 2009 growing season, and (b) a summary of their e vidence and arguments as to the issue of willfulness, if any, on the part of defendant Slusser. Defendant Slusser shall also file, not later than August 15, 2012, any written response to (a) and (b). IT IS FURTHER ORDERED that plaintiffs' reques t for a permanent injunction is sustained. Defendant Kevin Slusser is not authorized to use any of plaintiffs' patented biotechnology. Defendant Kevin Slusser is permanently enjoined from making, using, saving, cleaning, planting, selling, offer ing to sell, or otherwise transferring any seed containing plaintiffs' proprietary seed technologies, without express permission from plaintiffs. IT IS FURTHER ORDERED that an evidentiary hearing on damages and any other outstanding issues is se t for on Tuesday, September 11, 2012 at 9:30 a.m. IT IS FURTHER ORDERED that the Clerk shall mail a certified copy of this order to defendant Kevin Slusser with certification of delivery requested; (COPY BY CERTIFIED MAIL TO: Kevin Slusser, 810 Law 438, Walnut Ridge, AR 72476) . Signed by Magistrate Judge David D. Noce on 04/11/2012. (DJO)

2012-04-11

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RETURN RECEIPT BY MAIL filed re 58 Memorandum & Order; Sent to: Kevin Slusser Executed on: 04/14/2012. (DJO) (Entered: 04/18/2012)

2012-04-18

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ENTRY of Appearance by David M. Mangian for Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Mangian, David) (Entered: 06/18/2012)

2012-06-18

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MOTION for Extension of: Date for Plaintiffs to File a Summary of Damages and a Summary of Evidence as to Willfulness by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit Proposed Order)(Mangian, David) (Entered: 07/03/2012)

2012-07-03

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ORDER: IT IS HEREBY ORDERED that the date for Monsanto to file its summary of damages and summary of evidence and arguments as to willfulness is extended 38 days up to and including September 7, 2012. IT IS FURTHER ORDERED that the date for defendant Kevin Slusser to file his response to Monsanto's filings is extended 37 days up to and including September 21, 2012. Signed by Magistrate Judge David D. Noce on 7/9/2012. (KMS) (Entered: 07/09/2012)

2012-07-09

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RESPONSE TO COURT ORDER re 62 Scheduling Order, Monsanto's Summary of Damages and Summary of Evidence as to Willfulness by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit Slusser Deposition, # 2 Exhibit Expert Taylor Report, # 3 Exhibit Trantham Memorandum)(Cox, Daniel) (Entered: 09/07/2012)

2012-09-07

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ORDER; IT IS HEREBY ORDERED that the evidentiary hearing on damages and any other outstanding issues is reset for Thursday, October 18, 2012 at 9:30 a.m. in Courtroom 17N before Magistrate Judge David D. Noce. Signed by Magistrate Judge David D. Noce on 09/13/2012; (DJO) (Entered: 09/13/2012)

2012-09-13

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: In Court Hearing for damages held on 10/18/2012. Court allows defendant two weeks to review and file a response to doc 63 . ( Response to Court due by 11/1/2012.). (FTR Gold Operator initials:K. Shirley.) (FTR Gold: Yes.) (KJS) (Entered: 10/18/2012)

2012-10-18

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TRANSCRIPT ORDER REQUEST by Monsanto Company, Monsanto Technology, LLC for proceedings of Hearing for proceedings held on 10/18/2012 before Judge Noce.. (Cox, Daniel) (Entered: 10/23/2012)

2012-10-23

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TRANSCRIPT proceedings of Damages Hearing held on 10/18/12 before Judge David D. Noce. Court Reporter/Transcriber Sue Moran, Telephone number 314-244-7983. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2012. Redacted Transcript Deadline set for 12/3/2012. Release of Transcript Restriction set for 1/29/2013. (KJS) (Entered: 10/31/2012)

2012-10-31

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Document received by defendant Slusser (KMS) (Entered: 10/31/2012)

2012-10-31

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MOTION for Hearing To Reconvene Hearing on Damages and Willfulness by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Mangian, David) (Entered: 11/13/2012)

2012-11-13

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ORDER: IT IS HEREBY ORDERED that because the hearing on damages and other issues conducted by the court on October 18, 2012 was not properly recorded and was therefore inaudible, the motion of plaintiff Monsanto to reconvene the hearing on damages and other issues (Doc. 69) is sustained. IT IS FURTHER ORDERED that the hearing shall be reconvened with a court reporter present on Tuesday, December 4, 2012, at 10:00 a.m., at which time Monsanto will be permitted to reexamine defendant Slusser on the same issues addressed at the October 18 hearing so that defendants answers can be properly recorded by the court reporter. IT IS FURTHER ORDERED that the Clerk shall mail a certified copy of this order to defendant Kevin Slusser with certification of delivery requested. ( In Court Hearing set for 12/4/2012 10:00 AM in Courtroom 17N before Magistrate Judge David D. Noce.)(copy of order sent certified mail to Kevin Slusser)(court reporter notified of hearing). Signed by Magistrate Judge David D. Noce on 11/16/2012. (KMS) (Entered: 11/16/2012)

2012-11-16

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Docket Text ORDER: ORAL MOTION TO CONTINUE HEARING PER DEFENDANT'S REQUEST Re: 69 MOTION for Hearing To Reconvene Hearing on Damages and Willfulness by Plaintiffs Monsanto Companyfiled by Monsanto Company; GRANTED - SO ORDERED ( In Court Hearing RESET for 12/10/2012 02:00 PM in Courtroom 17N before Magistrate Judge David D. Noce.) Signed by Magistrate Judge David D. Noce on 12/3/12. (KJS) (Entered: 12/03/2012)

2012-12-03

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RETURN RECEIPT BY MAIL ; Sent to: Kevin Slusser Executed on: 12/03/2012. (DJO) (Entered: 12/06/2012)

2012-12-05

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Minute Entry for proceedings held before Magistrate Judge David D. Noce: Motion Hearing held on 12/10/2012 re 69 MOTION for Hearing To Reconvene Hearing on Damages and Willfulness filed by Monsanto Technology, LLC, Monsanto Company ; Due to electronic equipment failure for the hearing held on 10/18/12, parties present on supplemental hearing for damages. Defendant sworn in by the Court. Court heard discussions of parties. Court requested a transcript be prepared. Court took matters under submission. (Court Reporter:Shannon White.) (FTR Gold: Yes-as back-up.) (2:05 p.m.-2:50 p.m.) (KKS) (Entered: 12/10/2012)

2012-12-10

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ORDER : IT IS HEREBY ORDERED that a written transcript of the proceedings conducted on December 10, 2012 be prepared and field with the Clerk of Court. (cc: Shannon White, court reporter). Signed by Magistrate Judge David D. Noce on 12/10/12. (KKS) (Entered: 12/11/2012)

2012-12-11

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TRANSCRIPT proceedings of SUPPLEMENTAL DAMAGES HEARING held on DECEMBER 10, 2012 before Judge DAVID D. NOCE. Court Reporter/Transcriber SHANNON L. WHITE, RMR, CRR, CSR, CCR, Telephone number (314) 244-7966. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2013. Redacted Transcript Deadline set for 1/11/2013. Release of Transcript Restriction set for 3/11/2013. (DJO) (Entered: 12/11/2012)

2012-12-11

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MEMORANDUM. Signed by Magistrate Judge David D. Noce on 3/29/13. (KKS)

2013-03-29

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DEFAULT JUDGMENT ORDER In accordance with the Memorandum filed herewith and previously filed memorandum opinions (Docs. 33, 58 ), IT IS HEREBY ORDERED that defendant Kevin Slusser defaulted on plaintiffs' complaint. (Doc. 1 ). IT IS FURTHER ORDERED that plaintiff's request for a permanent injunction (Doc. 1) is sustained. Defendant Kevin Slusser is permanently enjoined from making, using, saving, cleaning, planting, selling, offering to sell, or otherwise transferring any seed containing plaintiffs' proprietary seed technologies without express permission from plaintiffs. IT IS FURTHER ORDERED that defendant Kevin Slusser pay to defendants reasonable royalty damages in the amount of $109,374; prejudgment interest on the royalty damages awarded at the rate currently determined pursuant to 28 U.S.C. § 1961(a), compounded annually, from the commencement of this action; post- judgment interest on the royalty damages awarded at the rate currently determined pursuant to 28 U.S.C. § 1961(a); reasonable attorney fees; and costs. Signed by Magistrate Judge David D. Noce on 3/29/13. (KKS) (Entered: 03/29/2013)

2013-03-29

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FINAL REPORT to Commissioner of filing or determination of an action mailed to Director of the US Patent and Trademark Office. (KKS) (Entered: 03/29/2013)

2013-03-29

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Satisfaction of Judgment

2018-01-10

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Overview

Parties

Defendant

Kevin Slusser Follow

Represented By

Monsanto Company Follow

Represented By

Plaintiff

Monsanto Technology, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiffs Monsanto Company, Monsanto Technology, LLCParent companies: no, Subsidiaries: yes, Publicly held company: yes,. (Cox, Daniel) (Entered: 01/14/2010)

NOTICE OF PROCESS SERVER by Plaintiffs Monsanto Company, Monsanto Technology, LLC Process Server: McDowell & Associates, Ltd (Cox, Daniel) (Entered: 01/14/2010)

MOTION to Expedite Discovery and Entry of a Protective Order by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Cox, Daniel) (Entered: 01/14/2010)

REPORT to Commissioner of filing or determination of an action regarding Patent (BAK) (Entered: 03/08/2010)

SUMMONS Returned Executed filed by Monsanto Company, Monsanto Technology, LLC. Kevin Slusser served on 1/15/2010, answer due 2/5/2010. (Cox, Daniel) (Entered: 01/20/2010)

MOTION for Extension of time by Defendant Kevin Slusser. (KXS) (Entered: 02/05/2010)

NOTICE Withdrawal of Consent to Jurisdiction by United States Magistrate Judge: by Plaintiffs Monsanto Company, Monsanto Technology, LLC (Cox, Daniel) (Entered: 02/08/2010)

PROTECTIVE ORDER. Signed by Magistrate Judge David D. Noce on 2/10/10. (KXS) (Entered: 02/10/2010)

Minute Entry for proceedings held before Magistrate Judge David D. Noce: Telephone Status Conference held on 2/11/2010 on deft's question re: completing consent to a magistrate judge. (Court Reporter or FTR Gold Operator initials:K. Spurgeon.) (FTR Gold yes or no: yes.) (KXS) (Entered: 02/11/2010)

NOTICE Service per 2/10/10 order: by Plaintiffs Monsanto Company, Monsanto Technology, LLC re 14 Docket Text Order, (Attachments: # 1 Declaration of David Chalfant)(Cox, Daniel) (Entered: 02/12/2010)

FULL CONSENT has been received by Plaintiffs Monsanto Company, Monsanto Technology, LLC, Defendant Kevin Slusser. (KMS) (Entered: 02/16/2010)

MOTION for Sanctions and to Compel Discovery by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cox, Daniel) (Entered: 03/02/2010)

ORDER: IT IS HEREBY ORDERED that defendant Kevin Slusser shall file a written response to plaintiffs motion to compel and for sanctions (Doc. 18) no later than March 18, 2010. Response to Court due by 3/18/2010.. Signed by Magistrate Judge David D. Noce on 3/4/2010. (KMS) (Entered: 03/04/2010)

RESPONSE to Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Defendant Kevin Slusser. (Attachments: # 1 Envelope)(DJO) (Entered: 03/18/2010)

REPLY to Response to Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cox, Daniel) (Entered: 03/25/2010)

Minute Entry for proceedings held before Magistrate Judge David D. Noce: Status Conference held on 4/7/2010; Motion hearing continued to 1:00 today (Court Reporter or FTR Gold Operator initials:KMS.) (FTR Gold yes or no: Yes.) (KMS) (Entered: 04/08/2010)

Witness List for motion hearing. (KMS) (Entered: 04/08/2010)

Exhibit List for motion hearing. (KMS) (Entered: 04/08/2010)

EXHIBITS Received: Exhibits 1-4 by plaintiff, Exhibit A by defendant. (copy of plaintiffs video to be made and given to court)(KMS) (Entered: 04/08/2010)

TRANSCRIPT ORDER REQUEST by Monsanto Company, Monsanto Technology, LLC for proceedings of Plaintiffs' Motion for Sanctions for proceedings held on 4/7/2010 before Judge Noce.. (Cox, Daniel) (Entered: 04/08/2010)

Joint MOTION for Extension of: Time to File Post-Hearing Memoranda by Plaintiffs Monsanto Company, Monsanto Technology, LLC, Defendant Kevin Slusser. (Cox, Daniel) (Entered: 04/22/2010)

MEMORANDUM in Support of Motion re 18 MOTION for Sanctions and to Compel Discovery filed by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 05/06/2010)

MOTION to Compel Responsive Pleading by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 12/14/2010)

Letter from defendant re:parties have not agreed on a fair settlement (KKS) (Entered: 01/03/2011)

Letter from Ross Eye Care to the Court re: Kevin Slusser's medical condition. ORDERED FILED. Signed by Judge David D. Noce on 1/25/11. (KXS) (Entered: 01/25/2011)

NOTICE OF FILING BANKRUPTCY filed by Defendant Kevin Slusser (KXS) (Entered: 02/08/2011)

Docket Text ORDER: Counsel for plaintiffs shall file monthly status reports beginning March 1, 2011, re: the status of bankruptcy proceedings. Signed by Magistrate Judge David D. Noce on 2/8/11. (KXS) (Entered: 02/08/2011)

STATUS REPORT regarding Defendant's Bankruptcy Proceeding by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 03/08/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 04/08/2011)

STATUS REPORT regarding Defendant's bankruptcy proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 05/03/2011)

STATUS REPORT regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 06/06/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 08/02/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 09/01/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 10/05/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 11/01/2011)

STATUS REPORT Regarding Defendant's Bankruptcy Proceedings by Monsanto Company, Monsanto Technology, LLC. (Cox, Daniel) (Entered: 12/05/2011)

NOTICE Relief From the Automatic Stay: by Plaintiffs Monsanto Company, Monsanto Technology, LLC (Attachments: # 1 Exhibit A)(Cox, Daniel) (Entered: 01/18/2012)

RESPONSE TO COURT ORDER Plaintiff's Proposed Default Judgment and Order by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Text of Proposed Order Order and Default Judgment)(Cox, Daniel) (Entered: 02/14/2012)

RESPONSE TO COURT by Defendant Kevin Slusser. (Attachments: # 1 Envelope)(KXS) (Entered: 02/15/2012)

RETURN RECEIPT BY MAIL filed re 58 Memorandum & Order; Sent to: Kevin Slusser Executed on: 04/14/2012. (DJO) (Entered: 04/18/2012)

ENTRY of Appearance by David M. Mangian for Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Mangian, David) (Entered: 06/18/2012)

MOTION for Extension of: Date for Plaintiffs to File a Summary of Damages and a Summary of Evidence as to Willfulness by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Attachments: # 1 Exhibit Proposed Order)(Mangian, David) (Entered: 07/03/2012)

ORDER; IT IS HEREBY ORDERED that the evidentiary hearing on damages and any other outstanding issues is reset for Thursday, October 18, 2012 at 9:30 a.m. in Courtroom 17N before Magistrate Judge David D. Noce. Signed by Magistrate Judge David D. Noce on 09/13/2012; (DJO) (Entered: 09/13/2012)

TRANSCRIPT ORDER REQUEST by Monsanto Company, Monsanto Technology, LLC for proceedings of Hearing for proceedings held on 10/18/2012 before Judge Noce.. (Cox, Daniel) (Entered: 10/23/2012)

Document received by defendant Slusser (KMS) (Entered: 10/31/2012)

MOTION for Hearing To Reconvene Hearing on Damages and Willfulness by Plaintiffs Monsanto Company, Monsanto Technology, LLC. (Mangian, David) (Entered: 11/13/2012)

RETURN RECEIPT BY MAIL ; Sent to: Kevin Slusser Executed on: 12/03/2012. (DJO) (Entered: 12/06/2012)

ORDER : IT IS HEREBY ORDERED that a written transcript of the proceedings conducted on December 10, 2012 be prepared and field with the Clerk of Court. (cc: Shannon White, court reporter). Signed by Magistrate Judge David D. Noce on 12/10/12. (KKS) (Entered: 12/11/2012)

MEMORANDUM. Signed by Magistrate Judge David D. Noce on 3/29/13. (KKS)

FINAL REPORT to Commissioner of filing or determination of an action mailed to Director of the US Patent and Trademark Office. (KKS) (Entered: 03/29/2013)

Satisfaction of Judgment

Track Case Updates

Kevin Slusser

Monsanto Company

Monsanto Technology, LLC