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 244 |
Filed: 12/13/2019, Entered: 12/13/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 18, 2019 before Judge Amos L. Mazzant. Court Reporter/Transcriber: Jan Mason,Telephone number: 903-209-4013. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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. (68 pages) Motion to Redact due 1/3/2020. Release of Transcript Restriction set for 3/12/2020. (jm, )
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| 243 |
Filed: 12/4/2019, Entered: 12/4/2019 |
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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (rpc, )
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Request |
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| 242 |
Filed: 12/4/2019, Entered: 12/4/2019 |
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ORDER OF DISMISSAL. It is ORDERED, ADJUDGED, AND DECREED that OGD Equipment Co.'s claims and causes of action against Defendants are DISMISSED WITHOUT PREJUDICE. Signed by District Judge Amos L. Mazzant, III on 12/4/2019. (rpc, )
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Request |
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| 241 |
Filed: 12/4/2019, Entered: 12/4/2019 |
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STIPULATION of Dismissal by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order Order of Dismissal)(Latham, Robert)
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Request |
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| 240 |
Filed: 12/2/2019, Entered: 12/2/2019 |
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ORDER. IT IS ORDERED that the parties shall submit to the Court all papers necessary for the resolution of the claims between them no later than January 2, 2020. Signed by Magistrate Judge Kimberly C Priest Johnson on 12/2/2019. (rpc, )
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Request |
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| 239 |
Filed: 11/27/2019, Entered: 11/27/2019 |
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REPORT of Mediation by 5C89A9A. Mediation result: Settled(Bennett, Joshua)
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Request |
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| 238 |
Filed: 11/27/2019, Entered: 11/27/2019 |
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ORDER granting 236 Joint MOTION for Extension of Time to File. IT IS THEREFORE ORDERED that OGD's deadline to file a sur-reply to Defendants' Motion for Partial Summary Judgment (Dkt. 104 ) is extended to December 4, 2019. IT IS FURTHER ORDERED that Overhead's deadline to file its brief on privileged documents is extended to December 4, 2019. IT IS FURTHER ORDERED that Overhead-Lubbock's deadline to file its reply in support of its Motion to Transfer Venue (Dkt. 102 ) is extended to December 4, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/27/2019. (daj, )
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Request |
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Filed: 11/26/2019, Entered: 11/26/2019 |
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NOTICE of RESETTING of Hearing: Due to the Court's civil trial docket, the Final Pretrial Conference of this case is RESET for Friday 12/20/2019 9:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. (no attachment) (tls)
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Filed: 11/26/2019, Entered: 11/26/2019 |
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Set/Reset Scheduling Order Deadlines: Jury instructions due by 12/3/2019 (rpc, )
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| 237 |
Filed: 11/26/2019, Entered: 11/26/2019 |
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ORDER granting 235 Motion to Extend Pretrial Conference Deadlines. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/26/2019. (rpc, )
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Request |
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| 236 |
Filed: 11/26/2019, Entered: 11/26/2019 |
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Joint MOTION for Extension of Time to File Response/Reply as to 211 Response to Non-Motion, 232 Sealed Reply to Response to Motion,,,,, 219 Sealed Document,, by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 235 |
Filed: 11/21/2019, Entered: 11/21/2019 |
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Joint MOTION for Extension of Time to File Pre-Trial Conference Filings by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 234 |
Filed: 11/21/2019, Entered: 11/21/2019 |
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ORDER granting 233 Motion for Leave to File Excess Pages. IT IS THEREFORE ORDERED that Defendants' Reply to Plaintiff's Supplemental Response to Defendants' Motion for Partial Summary Judgment (Dkt. 232 ) is deemed filed.IT IS FURTHER ORDERED that Plaintiff's page limit for Plaintiff's sur-reply to Defendants' Motion for Partial Summary Judgment (Dkt. 104 ) is expanded to ten (10) pages. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/21/2019. (rpc, )
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Request |
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| 233 |
Filed: 11/20/2019, Entered: 11/20/2019 |
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Unopposed MOTION for Leave to File Excess Pages by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Bennett, Joshua)
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Request |
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 232 |
Filed: 11/20/2019, Entered: 11/20/2019 |
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SEALED REPLY to Response to Motion re 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Deposition on Written Questions, # 2 Exhibit Deposition on Written Questions, # 3 Exhibit Deposition on Written Questions, # 4 Exhibit Deposition on Written Questions, # 5 Exhibit Deposition on Written Questions, # 6 Exhibit Deposition on Written Questions, # 7 Exhibit Deposition on Written Questions, # 8 Exhibit Deposition on Written Questions, # 9 Exhibit Deposition on Written Questions, # 10 Exhibit Deposition on Written Questions, # 11 Exhibit Deposition on Written Questions, # 12 Exhibit Deposition on Written Questions, # 13 Exhibit Deposition on Written Questions, # 14 Exhibit Deposition on Written Questions, # 15 Exhibit Deposition on Written Questions, # 16 Exhibit Deposition on Written Questions, # 17 Exhibit Deposition on Written Questions, # 18 Exhibit Deposition on Written Questions, # 19 Exhibit Deposition on Written Questions, # 20 Exhibit Deposition on Written Questions, # 21 Exhibit Deposition on Written Questions, # 22 Exhibit Oral Deposition)(Bennett, Joshua)
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| 231 |
Filed: 11/20/2019, Entered: 11/20/2019 |
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NOTICE by Overhead Door Company of Lubbock, Inc. Defendants' Amended Designation of Deposition by Written Questions (Gandia, Ruben)
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Request |
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Filed: 11/20/2019, Entered: 11/20/2019 |
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Counsel are reminded (see Dkt. #176) that the Court has not opted out of this court's Local Rules concerning courtesy copies; therefore, Counsel are asked to comply with Local Rule CV-5(a)(9) and Local Rule CV-10(b) with respect to sending courtesy copies to Judge Mazzant. Please send copies of pleadings that exceed 20 pages to Judge Mazzant's chambers. Please use tabs and dividers for exhibits, and please place voluminous pleadings in three binder(s). (tls)
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| 230 |
Filed: 11/19/2019, Entered: 11/19/2019 |
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MOTION in Limine by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Arnett, James)
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Request |
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| 229 |
Filed: 11/19/2019, Entered: 11/19/2019 |
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SEALED MOTION in Limine by OGD Equipment Co.. (Attachments: # 1 Declaration of Grant C. Johnson, # 2 Exhibit A - Westbrook excerpts, # 3 Exhibit B - Timms excerpts, # 4 Exhibit C - Timms excerpts, # 5 Exhibit D - Customer Confusion forms, # 6 Exhibit E - Dachowicz excerpts, # 7 Exhibit F - Daniel excerpts, # 8 Exhibit G - Pachall excerpts, # 9 Exhibit H - Hatch excerpts, # 10 Exhibit I - Picken excerpts, # 11 Text of Proposed Order)(Latham, Robert)
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Filed: 11/19/2019, Entered: 11/19/2019 |
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NOTICE CANCELLING HEARING set 11/21/19. (jwam, )
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| 228 |
Filed: 11/19/2019, Entered: 11/19/2019 |
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PAPER TRANSCRIPT REQUEST by Overhead Door Corporation for proceedings held on 11/18/19 Hearing before Judge Amos Mazzant. (Bennett, Joshua) Forwarded to official court reporter Jan Mason on 11/19/2019. (bjc, ). (Main Document 228 replaced with flattened image 11/19/2019)
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Request |
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| 227 |
Filed: 11/19/2019, Entered: 11/19/2019 |
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ORDER. It is ORDERED that Defendant's four motions to reconsider and objections to the Magistrate Judge's orders (Dkt. # 195 ; Dkt. # 198 ; Dkt. # 218 ; Dkt. # 220 ) are hereby GRANTED in part and DENIED as moot in part. The Magistrate Judge's Original Order (Dkt. # 184 ), Clarified Order (Dkt. # 199 ), Extension (Dkt. # 206 ), and Briefing Schedule (Dkt. # 216 ) are hereby VACATED in part with regard to the Affidavit Requirement. Signed by District Judge Amos L. Mazzant, III on 11/19/2019. (rpc, )
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Request |
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| 226 |
Filed: 11/18/2019, Entered: 11/18/2019 |
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Minute Entry for proceedings held before District Judge Amos L. Mazzant, III: Motion Hearing held on 11/18/2019 re 224 Opposed MOTION for Extension of Time to File Response and Comply with Court's Order (Doc. 216) filed by Overhead Door Corporation, 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order filed by Overhead Door Corporation, Status Conference held on 11/18/2019. A formal order will issue. (Court Reporter Jan Mason) (kkc, )
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Filed: 11/18/2019, Entered: 11/18/2019 |
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NOTICE of Deficiency regarding the 222 MOTION in Limine submitted by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )
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Filed: 11/18/2019, Entered: 11/18/2019 |
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NOTICE of Deficiency regarding the 221 MOTION in Limine submitted by OGD Equipment Co. The Motion is missing a Certificate of Conference. Correction should be made by one business day. (rpc, )
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| 225 |
Filed: 11/17/2019, Entered: 11/17/2019 |
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MOTION to Stay re 220 MOTION for Reconsideration re 216 Order,,, Set Hearings,, [and Objection to Magistrate Judge's Order], 216 Order,,, Set Hearings,, [Motion to Expedite Consideration of Motion to Reconsider and Objection to Magistrate Judge's Order dated November 14, 2019 (Doc. 216) and to Stay Said Order Pending Review] by Overhead Door Corporation. (Attachments: # 1 Affidavit [Declaration of J. Robert Arnett II], # 2 Text of Proposed Order)(Arnett, James)
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Request |
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| 224 |
Filed: 11/17/2019, Entered: 11/17/2019 |
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Opposed MOTION for Extension of Time to File Response and Comply with Court's Order (Doc. 216) by Overhead Door Corporation. (Attachments: # 1 Affidavit Declaration of J. Robert Arnett II, # 2 Text of Proposed Order)(Arnett, James)
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Request |
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| 223 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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Proposed Pretrial Order (Joint) by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit A - OGD's Deposition Designations, # 2 Exhibit B - Defendants' Deposition Designations, # 3 Exhibit C - OGD's Exhibit List, # 4 Exhibit D - Defendants' Exhibit List)(Carter, Edgar)
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Request |
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| 222 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** MOTION in Limine by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Arnett, James) Modified on 11/18/2019 (rpc, ).
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| 221 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** SEALED MOTION in Limine by OGD Equipment Co.. (Attachments: # 1 Declaration of Grant C. Johnson, # 2 Exhibit A - Westbrook excerpts, # 3 Exhibit B - Timms excerpts, # 4 Exhibit C - Timms excerpts, # 5 Exhibit D - Customer Confusion forms, # 6 Exhibit E - Dachowicz excerpts, # 7 Exhibit F - Daniel excerpts, # 8 Exhibit G - Pachall excerpts, # 9 Exhibit I - Hatch excerpts, # 10 Exhibit J - Picken excerpts, # 11 Text of Proposed Order)(Latham, Robert) Modified on 11/18/2019 (rpc, ).
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Request |
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| 220 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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MOTION for Reconsideration re 216 Order,,, Set Hearings,, [and Objection to Magistrate Judge's Order] by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Arnett, James)
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Request |
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| 219 |
Filed: 11/15/2019, Entered: 11/15/2019 |
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Sealed Plaintiff's Brief Regarding Dispute Over Defendant ODC's Privilege Log. (Attachments: # 1 Declaration of Grant C. Johnson, # 2 Exhibit A - 10.14.2019 Privilege Log, # 3 Exhibit B - 11.1.2019 Revised Privilege Log, # 4 Exhibit C - Categorized Revised Privilege Log, # 5 Exhibit D - Narrowed Revised Privilege Log, # 6 Exhibit E - Merchantville Overhead Door webpage, # 7 Exhibit F - Email, # 8 Exhibit G - Email, # 9 Exhibit H - Presentation, # 10 Exhibit I - Presentation, # 11 Exhibit J - Agreement, # 12 Exhibit K - Email, # 13 Exhibit L - Email, # 14 Exhibit M - TradeMark Advertising webpage)(Latham, Robert)
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| 218 |
Filed: 11/14/2019, Entered: 11/14/2019 |
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MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 199 Memorandum & Opinion,,, Order,, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, , 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order and Objection to Magistrat Judge's Order by Overhead Door Corporation. (Attachments: # 1 Exhibit Transcript of Sept. 20 Telephonic Conference, # 2 Exhibit Transcript of Oct. 4 Telephonic Conference, # 3 Text of Proposed Order)(Arnett, James)
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Request |
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| 217 |
Filed: 11/14/2019, Entered: 11/14/2019 |
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ORDER granting 212 Sealed Motion to Extend Certain Expert Discovery Deadlines for the Purpose of Trial. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/14/2019. (rpc, )
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Request |
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| 216 |
Filed: 11/14/2019, Entered: 11/14/2019 |
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***VACATED IN PART BY ORDER 227 *** ORDER. IT IS HEREBY ORDERED that OGD shall file expedited briefing with the Court regarding this dispute by November 15, 2019. IT IS FURTHER ORDERED that Defendant Overhead shall file a response to OGD's briefing by November 18, 2019. Overhead shall submit the documents identified by OGD in its briefing to the Court for in camera review by November 18, 2019, at 5:00 p.m. IT IS FURTHER ORDERED that the parties shall appear for oral argument regarding this dispute on 11/21/2019 at 10:00 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/14/2019. (baf, ) Modified on 11/19/2019 (rpc, ).
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Request |
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| 215 |
Filed: 11/13/2019, Entered: 11/13/2019 |
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SEALED SUPPLEMENTAL RESPONSE to Motion re 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims filed by OGD Equipment Co.. (Attachments: # 1 Declaration of Grant C. Johnson, # 2 Exhibit A - OCD Email, # 3 Exhibit B - OCD Report, # 4 Exhibit C - Dachowicz excerpts, # 5 Exhibit D - OCD Strategy Presentation, # 6 Exhibit E - OCD Marketing Presentation, # 7 Exhibit F - Franklyn Supplemental Report, # 8 Exhibit G - Stolle excerpts, # 9 Exhibit H - Screenshots, # 10 Exhibit I - ODC Brochure, # 11 Exhibit J - Daniel excerpts, # 12 Exhibit K - July 2011 Correspondence, # 13 Exhibit L - Feb 2012 Correspondence, # 14 Exhibit M - Dec. 2012 Correspondence, # 15 Exhibit N - Dachowicz Ex. 1, # 16 Exhibit O - Byrne excerpts, # 17 Exhibit P - Email, # 18 Exhibit Q - Hatch excerpts)(Latham, Robert)
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| 214 |
Filed: 11/13/2019, Entered: 11/13/2019 |
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REPLY to Response to Motion re 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, , 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order filed by Overhead Door Corporation. (Arnett, James)
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Request |
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| 213 |
Filed: 11/13/2019, Entered: 11/13/2019 |
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REPORT of Mediation by 5C89A9A. Mediation result: No settlement was reached. The mediator will continue to work with the parties.(5C89A9A)
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Request |
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| 212 |
Filed: 11/11/2019, Entered: 11/11/2019 |
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Unopposed SEALED MOTION to Extend Certain Expert Discovery Deadlines by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Supplemental Report, # 2 Text of Proposed Order)(Arnett, James)
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Request |
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| 211 |
Filed: 11/11/2019, Entered: 11/11/2019 |
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RESPONSE to 192 Objection to Report and Recommendations filed by OGD Equipment Co.. (Latham, Robert)
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Request |
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| 210 |
Filed: 11/8/2019, Entered: 11/8/2019 |
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RESPONSE to Motion re 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order filed by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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Filed: 11/7/2019, Entered: 11/7/2019 |
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Set/Reset Scheduling Order Deadlines: Proposed Pretrial Order due by 11/15/2019. (rpc, )
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| 209 |
Filed: 11/7/2019, Entered: 11/7/2019 |
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ORDER granting 208 Motion for Extension of Time to File the Joint Pretrial Order, Motions in Limine, and to Serve Objections and Counter-Designations to Deposition Designations. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/7/2019. (rpc, )
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Request |
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| 208 |
Filed: 11/6/2019, Entered: 11/6/2019 |
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Joint MOTION for Extension of Time to File the Joint Pre-Trial Order and Motions in Limine and to Serve Deposition Objections and Cross-Designations by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 207 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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NOTICE by OGD Equipment Co. of Service of Deposition Designations (Latham, Robert)
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Request |
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| 206 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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***VACATED IN PART BY ORDER 227 *** ORDER granting in part and denying in part 203 Opposed Motion for Extension of Time to Comply with Court Order. ORDERED that Overhead's deadlines set forth in the Order are extended seven (7) days from November 1, 2019. IT IS FURTHER ORDERED that Plaintiff OGD Equipment Co.'s deadline to respond to Defendants' Motion for Partial Summary Judgment (Dkt. 104) is extended to November 13, 2019. IT IS FURTHER ORDERED that the hearing set for November 20, 2019, is hereby CANCELLED. Signed by Magistrate Judge Kimberly C Priest Johnson on 11/1/2019. (kls, ) Modified on 11/19/2019 (rpc, ).
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Request |
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| 205 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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NOTICE by Overhead Door Corporation [Notice of Compliance re: Deposition Designations] (Arnett, James)
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Request |
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| 204 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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NOTICE by Overhead Door Corporation re 184 Memorandum & Opinion,, Order, 199 Memorandum & Opinion,,, Order,, (Carter, Edgar)
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Request |
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| 203 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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Opposed MOTION Extension of Time re 199 Memorandum & Opinion,,, Order,, by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 202 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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NOTICE by Overhead Door Corporation re 199 Memorandum & Opinion,,, Order,, Declaration Regarding Privilege Log (Attachments: # 1 Exhibit Declaration of E. Leon Carter)(Carter, Edgar)
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Request |
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| 201 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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NOTICE of Attorney Appearance by Fernando Manuel Bustos on behalf of OGD Equipment Co. (Bustos, Fernando)
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Request |
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| 200 |
Filed: 11/1/2019, Entered: 11/1/2019 |
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ORDER Setting Hearing on 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order. Motion Hearing set for 11/18/2019 at 01:30 PM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III. Signed by District Judge Amos L. Mazzant, III on 11/1/2019. (rpc, )
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Request |
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Filed: 10/31/2019, Entered: 10/31/2019 |
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The parties are directed by Judge Mazzant to contact Judge Johnson no later than noon on Friday 11/1/2019 for any requested extension. (No attachment) (tls)
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| 199 |
Filed: 10/31/2019, Entered: 10/31/2019 |
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***VACATED IN PART BY ORDER 227 *** MEMORANDUM OPINION AND ORDER re 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order and 198 Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order filed by Overhead Door Corporation. The Court has reviewed the Motions to Reconsider and hereby issues this Order to clarify the October 25, 2019, Order 184 . Signed by Magistrate Judge Kimberly C Priest Johnson on 10/31/2019. (rpc, ) Modified on 11/19/2019 (rpc, ).
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Request |
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| 198 |
Filed: 10/30/2019, Entered: 10/30/2019 |
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Amended MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Objection to Magistrat Judge's Order by Overhead Door Corporation. (Attachments: # 1 Exhibit Declaration of E. Leon Carter, # 2 Exhibit Declaration of Joshua J. Bennett)(Carter, Edgar) (Additional attachment(s) added on 10/31/2019: # 3 Text of Proposed Order) (rpc, ).
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Request |
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| 197 |
Filed: 10/30/2019, Entered: 10/30/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference held on 10-25-2019 before Judge Johnson. Court Reporter/Transcriber: Christina Bickham,Telephone number: 409-654-2891. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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.. Motion to Redact due 11/20/2019. Release of Transcript Restriction set for 1/28/2020. (Bickham, Chris)
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Request |
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| 196 |
Filed: 10/29/2019, Entered: 10/29/2019 |
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MOTION to Stay re 184 Memorandum & Opinion,, Order, 195 MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, and Motion for Expedited Consideration of Motion for Reconsideration 195 by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 195 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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MOTION for Reconsideration re 184 Memorandum & Opinion,, Order, by Overhead Door Corporation. (Attachments: # 1 Exhibit Declaration of E. Leon Carter, # 2 Exhibit Declaration of Joshua J. Bennett, # 3 Text of Proposed Order Granting Motion to Reconsider)(Carter, Edgar)
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Request |
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| 194 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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SEALED SUR-REPLY to Reply to Response to Motion re 158 Opposed SEALED MOTION to Exclude the Report and Testimony of David Franklyn filed by OGD Equipment Co.. (Latham, Robert)
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| 193 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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SEALED SUR-REPLY to Reply to Response to Motion re 159 Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee filed by OGD Equipment Co.. (Attachments: # 1 Exhibit 1 - Lee deposition excerpts)(Latham, Robert)
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| 192 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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OBJECTION to 185 Report and Recommendations Denying Motion to Transfer Venue by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
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Request |
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| 191 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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NOTICE of Attorney Appearance by David McDonald Prichard on behalf of Overhead Door Company of Lubbock, Inc. (Prichard, David)
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Request |
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| 190 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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PAPER TRANSCRIPT REQUEST by Overhead Door Corporation for proceedings held on 10/25/19 Conference before Judge Kimberly C. Priest Johnson. (Bennett, Joshua) (Main Document 190 replaced on 10/28/2019 with flattened image) (bjc, ). Forwarded to official court reporter Chris Bickham on 10/29/2019. (bjc, ).
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Request |
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| 189 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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ORDER granting 183 Motion to Extend Fact and Expert Deadlines. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/28/2019. (rpc, )
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Request |
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| 188 |
Filed: 10/28/2019, Entered: 10/28/2019 |
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MEMORANDUM ADOPTING 170 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. OGD Equipment Co.'s Request for Rule 56(d) Relief (Dkt. #123) is hereby GRANTED. Signed by District Judge Amos L. Mazzant, III on 10/28/2019. (rpc, )
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Request |
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| 187 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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NOTICE by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation of Intent to Offer Certified Records (Bennett, Joshua)
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Request |
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| 186 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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NOTICE by OGD Equipment Co. of Intent to Offer Certified Records (Teicher, Shannon)
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Request |
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| 185 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE, re 102 Emergency MOTION to Change Venue filed by Overhead Door Company of Lubbock, Inc. The Court recommends that Defendant Overhead-Lubbock's Motion (Dkt. 102) be DENIED. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/25/2019. (kls, )
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Request |
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 184 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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***VACATED IN PART BY ORDER 227 *** MEMORANDUM OPINION AND ORDER. ORDERED that counsel shall properly confer, and attempt in good faith to resolve, any remaining disputes regarding the production of documents. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/25/2019. (kls, ) Modified on 11/19/2019 (rpc, ).
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Published at |
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| 183 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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Joint MOTION for Extension of Time to Complete Discovery by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Teicher, Shannon)
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Request |
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| 182 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference - Discovery Dispute held on 10/25/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, )
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Request |
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| 181 |
Filed: 10/25/2019, Entered: 10/25/2019 |
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ORDER. Telephone Conference set for 10/25/2019 at 12:00 PM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/25/2019. (rpc, )
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Request |
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| 180 |
Filed: 10/23/2019, Entered: 10/23/2019 |
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NOTICE of Attorney Appearance by Christopher R Bankler on behalf of All Plaintiffs (Bankler, Christopher)
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Request |
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| 179 |
Filed: 10/22/2019, Entered: 10/22/2019 |
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SEALED REPLY to Response to Motion re 159 Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit in Support of Reply)(Bennett, Joshua)
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| |
Filed: 10/22/2019, Entered: 10/22/2019 |
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***FILED IN ERROR BY ATTORNEY - ATTORNEY TO REFILE (PER PHONE CALL). Document # 177, REPLY. PLEASE IGNORE.*** (baf, )
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| 178 |
Filed: 10/21/2019, Entered: 10/21/2019 |
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SEALED REPLY to Response to Motion re 158 Opposed SEALED MOTION to Exclude the Report and Testimony of David Franklyn filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit in Support of Reply, # 2 Exhibit in Support of Reply)(Bennett, Joshua)
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| 177 |
Filed: 10/21/2019, Entered: 10/21/2019 |
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***PLEASE DISREGARD - FILED IN ERROR - ATTORNEY TO REFILE***SEALED REPLY to Response to Motion re 159 Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit in Support of Reply)(Bennett, Joshua) Modified on 10/22/2019 (baf, ).
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Request |
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| 176 |
Filed: 10/18/2019, Entered: 10/18/2019 |
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ORDER REGARDING EXHIBITS. The Court enters this order sua sponte. Signed by District Judge Amos L. Mazzant, III on 10/18/2019. (rpc, )
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Request |
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| 174 |
Filed: 10/14/2019, Entered: 10/14/2019 |
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SEALED RESPONSE to Motion re 159 Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee filed by OGD Equipment Co.. (Attachments: # 1 Exhibit 1 - Lee Report, # 2 Text of Proposed Order)(Latham, Robert)
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| 173 |
Filed: 10/14/2019, Entered: 10/14/2019 |
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SEALED RESPONSE to Motion re 158 Opposed SEALED MOTION to Exclude the Report and Testimony of David Franklyn filed by OGD Equipment Co.. (Attachments: # 1 Exhibit 1 - Franklyn Marketing Definition Report, # 2 Exhibit 2 - Franklyn Survey Report, # 3 Exhibit 3 - Franklyn Rebuttal Report, # 4 Exhibit 4 - Franklyn Survey Report, # 5 Text of Proposed Order)(Latham, Robert)
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| 175 |
Filed: 10/11/2019, Entered: 10/15/2019 |
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ORDER Setting Hearing on 103 MOTION for Summary Judgment (Partial), 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims, 119 MOTION to Dismiss Overhead Door Company of Lubbock, Inc.'s Counterclaims, 158 Opposed SEALED MOTION to Exclude the Report and Testimony of David Franklyn, 159 Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee. Motion Hearing set for 11/22/2019 at 09:30 AM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. IT IS HEREBY ORDERED that Defendants' deadline to file a reply in support of Defendants' Motion for Partial Summary Judgment (Dkt. 104 ) is November 13, 2019. IT IS FURTHER ORDERED that OGD shall file a sur-reply, if any, to Defendants' Motion for Partial Summary Judgment (Dkt. 104 ) by November 20, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/11/2019. (rpc, )
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Request |
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| 172 |
Filed: 10/10/2019, Entered: 10/10/2019 |
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NOTICE of Attorney Appearance by Blake Thomas Dietrich on behalf of OGD Equipment Co. (Dietrich, Blake)
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Request |
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| 171 |
Filed: 10/10/2019, Entered: 10/10/2019 |
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NOTICE of Attorney Appearance by Edwin McAllister Buffmire on behalf of OGD Equipment Co. (Buffmire, Edwin)
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Request |
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| 170 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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ORDER AND REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE re 123 Motion for Rule 56(d) Relief. The Court recommends OGD's Motion (Dkt. 123) be GRANTED. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/7/2019. (baf, )
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Request |
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| 169 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference on Discovery Dispute Proceedings held on October 4, 2019 before Judge Johnson. Court Reporter/Transcriber: Chris Hwang,Telephone number: 518-302-6772. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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. Motion to Redact due 10/28/2019. Release of Transcript Restriction set for 1/6/2020. (kls, )
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Request |
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| 168 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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NOTICE by OGD Equipment Co. re 157 MOTION to Compel Notice of Withdrawal of Motion to Compel (Latham, Robert)
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Request |
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| 167 |
Filed: 10/7/2019, Entered: 10/7/2019 |
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PAPER TRANSCRIPT REQUEST by Overhead Door Corporation for proceedings held on 10/4/19 Motion to Compel before Judge Kimberly C. Priest Johnson. (Bennett, Joshua) (To be Transcribed by Chris Hwang, Forwarded on 10/7/19)(ljw, ).
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Request |
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| 166 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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ORDER. IT IS HEREBY ORDERED that Defendants shall produce all information and documents requested in OGD Equipment Co.'s Requests for Production 5254 concerning market-share data in the Lubbock Market as discussed on the record no later than October 11, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/4/2019. (rpc, )
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Request |
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| 165 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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PAPER TRANSCRIPT REQUEST by OGD Equipment Co. for proceedings held on 10/04/2019 Motion Hearing before Judge Judge Kimberly C Priest Johnson. (Teicher, Shannon) (To be Transcribed by Chris Hwang, Forwarded on 10/7/19) (ljw, ).
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Request |
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| 164 |
Filed: 10/4/2019, Entered: 10/4/2019 |
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Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference held on 10/4/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, )
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Request |
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| 163 |
Filed: 10/1/2019, Entered: 10/2/2019 |
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ORDER granting in part and denying in part 162 Motion for Extension of Time to File Response. IT IS THEREFORE ORDERED that Defendants' deadline to respond to OGD Equipment Co.'s Motion to Compel is extended to October 7, 2019. Plaintiff OGD Equipment Co. shall file a reply, if any, by October 9, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/1/2019. (rpc, )
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Request |
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| 162 |
Filed: 10/1/2019, Entered: 10/1/2019 |
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Opposed MOTION for Extension of Time to File Response/Reply as to 161 Order,, Set Hearings, 157 MOTION to Compel by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Granting Motion for Extension of Time)(Carter, Edgar)
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Request |
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| 161 |
Filed: 10/1/2019, Entered: 10/1/2019 |
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ORDER. IT IS ORDERED that Defendants shall file an expedited response to the Motion (Dkt. 157 ) by Friday, October 4, 2019. Plaintiff OGD Equipment Co. shall file a reply, if any, by Tuesday, October 8, 2019. IT IS FURTHER ORDERED that counsel for all parties shall appear telephonically on Friday, October 4, 2019, at 1:30 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/1/2019. (rpc, )
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Request |
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| 160 |
Filed: 10/1/2019, Entered: 10/1/2019 |
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ORDER granting 156 Motion for Entry of a Rule 502(d) Order. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/1/2019. (rpc, )
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Request |
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| 159 |
Filed: 9/30/2019, Entered: 9/30/2019 |
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Opposed SEALED MOTION to Exclude the Report and Testimony of Richard Lee by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Lee Report, # 2 Text of Proposed Order Granting Defendants' Motion to Exclude Lee)(Bennett, Joshua)
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Request |
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| 158 |
Filed: 9/30/2019, Entered: 9/30/2019 |
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Opposed SEALED MOTION to Exclude the Report and Testimony of David Franklyn by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Franklyn Competition Report, # 2 Exhibit Franklyn Survey Report, # 3 Exhibit Franklyn Keyword Report, # 4 Exhibit Neal Rebuttal Declaration, # 5 Text of Proposed Order Granting Motion to Exclude)(Bennett, Joshua)
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Request |
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| 157 |
Filed: 9/30/2019, Entered: 9/30/2019 |
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MOTION to Compel by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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| 156 |
Filed: 9/27/2019, Entered: 9/27/2019 |
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|
Joint MOTION Entry of Order Under Federal Rule of Civil Procedure 502(d) by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Granting Rule 502(d) Motion)(Bennett, Joshua)
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Request |
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| 155 |
Filed: 9/26/2019, Entered: 9/26/2019 |
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ORDER. It is ORDERED that the telephonic hearing set on September 27, 2019 (see Dkt. 153), is CANCELLED. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/26/2019. (rpc, )
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Request |
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| 154 |
Filed: 9/25/2019, Entered: 9/25/2019 |
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SUR-REPLY to Reply to Response to Motion re 119 MOTION to Dismiss Overhead Door Company of Lubbock, Inc.'s Counterclaims [Dkt. No. 101] filed by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 153 |
Filed: 9/25/2019, Entered: 9/25/2019 |
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ORDER. Telephone Conference set for 9/27/2019 at 11:00 AM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/25/2019. (rpc, )
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Request |
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| 152 |
Filed: 9/25/2019, Entered: 9/25/2019 |
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NOTICE by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation of Service of Rebuttal Expert Disclosures (Bennett, Joshua)
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Request |
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| 151 |
Filed: 9/24/2019, Entered: 9/24/2019 |
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NOTICE by OGD Equipment Co. of Service of Plaintiff's Rebuttal Expert Reports (Latham, Robert)
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Request |
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| 150 |
Filed: 9/24/2019, Entered: 9/24/2019 |
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ORDER granting 122 Motion for Leave to File Request for Rule 56(d) Relief. Defendants' Motion to Exclude (Dkt. 135 ) is therefore DENIED AS MOOT. IT IS HEREBY ORDERED that Plaintiff's Response to Defendants' Motion for Partial Summary Judgment (Dkt. 128 ) and Plaintiff's Request for Rule 56(d) Relief (Dkt. 123 ) are deemed filed. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/24/2019. (rpc, )
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Request |
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| 149 |
Filed: 9/24/2019, Entered: 9/24/2019 |
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 9-20-2019 before Judge Johnson. Court Reporter/Transcriber: Christina Bickham,Telephone number: 409-654-2891. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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.. Motion to Redact due 10/15/2019. Release of Transcript Restriction set for 12/23/2019. (Bickham, Chris)
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Request |
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| 148 |
Filed: 9/23/2019, Entered: 9/23/2019 |
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PAPER TRANSCRIPT REQUEST by Overhead Door Corporation for proceedings held on Motion Hearing 09-20-2019. (Bennett, Joshua) (Main Document 148 replaced on 9/24/2019 with flattened image) (bjc, ). Forwarded to official court reporter, Chris Bickham on 9/24/2019. (bjc, ).
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Request |
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| 147 |
Filed: 9/23/2019, Entered: 9/23/2019 |
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PAPER TRANSCRIPT REQUEST by OGD Equipment Co. for proceedings held on 9/20/2019 Motion Hearing before Judge Judge Kimberly C Priest Johnson. (Teicher, Shannon) Forwarded to official court reporter, Chris Bickham on 9/23/2019. (bjc) (Main Document 147 replaced on 9/23/2019 with flatted image) (bjc, ).
|
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Request |
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| 146 |
Filed: 9/20/2019, Entered: 9/20/2019 |
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|
Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference held on 9/20/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, )
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Request |
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| 145 |
Filed: 9/19/2019, Entered: 9/19/2019 |
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NOTICE of Attorney Appearance by Ruben Gandia on behalf of Overhead Door Corporation (Gandia, Ruben)
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Request |
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| 144 |
Filed: 9/18/2019, Entered: 9/18/2019 |
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REPLY to Response to Motion re 119 MOTION to Dismiss Overhead Door Company of Lubbock, Inc.'s Counterclaims [Dkt. No. 101] filed by OGD Equipment Co.. (Latham, Robert)
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Request |
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| 143 |
Filed: 9/18/2019, Entered: 9/18/2019 |
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ORDER. IT IS ORDERED that counsel shall deliver courtesy copies to chambers as described above by September 25, 2019 for Dockets 104 , 119 , 120 , 123 , 132 , 136 , and 137 . Signed by Magistrate Judge Kimberly C Priest Johnson on 9/18/2019. (rpc, )
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Request |
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| 142 |
Filed: 9/18/2019, Entered: 9/18/2019 |
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ORDER. Telephone Conference set for 9/20/2019 at 11:00 AM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/18/2019. (rpc, )
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Request |
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| 141 |
Filed: 9/17/2019, Entered: 9/17/2019 |
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SUR-REPLY to Reply to Response to Motion re 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims filed by OGD Equipment Co.. (Latham, Robert)
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Request |
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| 140 |
Filed: 9/16/2019, Entered: 9/16/2019 |
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RESPONSE to 123 Response to Motion,,, filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Denying Plaintiff's Request for Rule 56(d) Relief)(Bennett, Joshua)
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Request |
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| 139 |
Filed: 9/16/2019, Entered: 9/16/2019 |
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|
RESPONSE in Opposition re 122 MOTION for Leave to File Response to Defendants' Partial Motion for Summary Judgment and Request for Rule 56(d) Relief filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Denying Plaintiff's Motion for Leave to File Response and Request for Rule 56(d) Relief)(Bennett, Joshua)
|
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Request |
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| 138 |
Filed: 9/12/2019, Entered: 9/12/2019 |
|
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SUR-REPLY to Reply to Response to Motion re 103 MOTION for Summary Judgment (Partial) filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Bennett, Joshua)
|
|
Request |
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| 137 |
Filed: 9/11/2019, Entered: 9/11/2019 |
|
|
RESPONSE to Motion re 119 MOTION to Dismiss Overhead Door Company of Lubbock, Inc.'s Counterclaims [Dkt. No. 101] filed by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
|
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Request |
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| 136 |
Filed: 9/10/2019, Entered: 9/10/2019 |
|
|
REPLY to Response to Motion re 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Bennett, Joshua)
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Request |
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| 135 |
Filed: 9/10/2019, Entered: 9/10/2019 |
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|
Opposed MOTION to Exclude the Untimely Arguments and Evidence Submitted in Support of Plaintiff's Response to Defendants' Motion for Partial Summary Judgment re 128 Response to Motion,,, by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Bennett, Joshua)
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Request |
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| 134 |
Filed: 9/10/2019, Entered: 9/10/2019 |
|
|
ORDER granting 126 Motion to Seal Exhibits in Support of OGD's Response to Defendant's Partial Motion for Summary Judgment Subject to its Request for Rule 56(d) Relief. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/10/2019. (rpc, )
|
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Request |
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| 133 |
Filed: 9/8/2019, Entered: 9/9/2019 |
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|
MEMORANDUM ADOPTING 98 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Defendants Overhead Door Corporation and Overhead Door Company of Lubbock, Inc.'s Motion to Dismiss for Failure to State a Claim and for Exceeding the Court's Order Granting Leave to Amend (Dkt. # 82 ) is hereby DENIED. Signed by District Judge Amos L. Mazzant, III on 9/8/2019. (rpc, )
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Published at |
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| 132 |
Filed: 9/5/2019, Entered: 9/5/2019 |
|
|
REPLY to Response to Motion re 103 MOTION for Summary Judgment (Partial) filed by OGD Equipment Co.. (Latham, Robert)
|
|
Request |
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| 131 |
Filed: 9/5/2019, Entered: 9/5/2019 |
|
|
REPLY to Response to Motion re 102 Emergency MOTION to Change Venue filed by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
|
|
Request |
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| 130 |
Filed: 9/4/2019, Entered: 9/4/2019 |
|
|
RESPONSE to 115 Objection to Report and Recommendations filed by OGD Equipment Co.. (Latham, Robert)
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Request |
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| 129 |
Filed: 9/4/2019, Entered: 9/4/2019 |
|
|
SEALED ADDITIONAL ATTACHMENTS to Main Document: 126 MOTION to Seal AEO Exhibits in Support of Plaintiff's Response to Defendants' Partial Motion for Summary Judgment Subject to its Request for Rule 56(d) Relief. (Attachments: # 1 Exhibit J - Expert Witness Report of David Franklyn - Competition David, # 2 Errata K - Lee Expert Damages Report)(Latham, Robert)
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| |
Filed: 9/4/2019, Entered: 9/4/2019 |
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|
NOTICE of Deficiency regarding the 127 SEALED ADDITIONAL ATTACHMENTS to Main Document: 126 MOTION to Seal AEO Exhibits in Support of Plaintiff's Response to Defendants' Partial Motion for Summary Judgment Subject to its Request for Rule 56(d) Relief submitted by OGD Equipment Co. Certificate of Service indicated service by court's electronic filing system. Sealed documents are not served throught ECF. Correction should be made by one business day. (rpc, )
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| 128 |
Filed: 9/3/2019, Entered: 9/4/2019 |
|
|
RESPONSE to Motion re 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims filed by OGD Equipment Co.. (Attachments: # 1 Exhibit 1 - Westbrook Declaration, # 2 Exhibit 2 - Johnson Declaration, # 3 Exhibit A - 2007.05.08 Email from ODC to ODC Iowa, # 4 Exhibit B - 2017.04.27 Overhead Door Cease and Desist, # 5 Exhibit C - 2017.07.19 Demand Letter from Overhead Door, # 6 Exhibit D - 2017.11.13 Correspondence from Gardere, # 7 Exhibit E - 2017.12.21 Correspondence from Gardere, # 8 Exhibit F - Jake Picken LinkedIn, # 9 Exhibit G - ODC Lubbock Blog, # 10 Exhibit H - Rule 202 Petition, # 11 Exhibit I - Expert Witness Report of David Franklyn - Keyword)(Latham, Robert) (Additional attachment(s) added on 9/4/2019: # 12 Text of Proposed Order) (rpc, ).
|
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Request |
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| 127 |
Filed: 9/3/2019, Entered: 9/3/2019 |
|
|
***DEFICIENT. TO BE REFILED. PLEASE DISREGARD*** SEALED ADDITIONAL ATTACHMENTS to Main Document: 126 MOTION to Seal AEO Exhibits in Support of Plaintiff's Response to Defendants' Partial Motion for Summary Judgment Subject to its Request for Rule 56(d) Relief. (Attachments: # 1 Exhibit j - Expert Report of David Franklyn - Competition, # 2 Exhibit K - Lee Expert Damages Report)(Latham, Robert) Modified on 9/4/2019 (rpc, ).
|
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Request |
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| 126 |
Filed: 9/3/2019, Entered: 9/3/2019 |
|
|
MOTION to Seal AEO Exhibits in Support of Plaintiff's Response to Defendants' Partial Motion for Summary Judgment Subject to its Request for Rule 56(d) Relief by OGD Equipment Co.. (Latham, Robert) (Additional attachment(s) added on 9/4/2019: # 1 Text of Proposed Order) (rpc, ).
|
|
Request |
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| 125 |
Filed: 9/3/2019, Entered: 9/3/2019 |
|
|
NOTICE by OGD Equipment Co. of Service of Expert Disclosures (Latham, Robert)
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|
Request |
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| 124 |
Filed: 9/3/2019, Entered: 9/3/2019 |
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NOTICE by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation of Service of Expert Disclosures (Bennett, Joshua)
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Request |
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| 123 |
Filed: 8/31/2019, Entered: 8/31/2019 |
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Request for Rule 56(d) Relief filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A (Declaration of Grant C. Johnson), # 2 Exhibit A-1 (1st RFPs to ODC), # 3 Exhibit A-2 (1st RFPs to ODC Lubbock), # 4 Exhibit A-3 (December 2018 Emails), # 5 Exhibit A-4 (June 2019 Emails), # 6 Exhibit A-5 (July 2019 Emails), # 7 Exhibit A-6 (August 2019 Email to ODC), # 8 Exhibit A-7 (August 2019 Emails to ODC Lubbock), # 9 Exhibit A-8 (1st Rogs to ODC Lubbock), # 10 Exhibit A-9 (2nd and 3rd RFPs to ODC Lubbock), # 11 Exhibit A-10 (2nd RFPs to ODC), # 12 Exhibit A-11 (ODC's 2nd RFPs to OGD), # 13 Exhibit A-12 (August 2019 Email to ODC Lubbock), # 14 Text of Proposed Order)(Latham, Robert) Modified on 9/23/2019 (rpc, ).
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Request |
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| 122 |
Filed: 8/31/2019, Entered: 8/31/2019 |
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MOTION for Leave to File Response to Defendants' Partial Motion for Summary Judgment and Request for Rule 56(d) Relief by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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| 121 |
Filed: 8/29/2019, Entered: 8/29/2019 |
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RESPONSE in Opposition re 103 MOTION for Summary Judgment (Partial) filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit A - Byrne Declaration, # 2 Exhibit B - Pachall Declaration, # 3 Exhibit C - Leonard Declaration, # 4 Exhibit D - Neal Declaration, # 5 Exhibit E - Isham Declaration, # 6 Exhibit F - Bridgers Declaration, # 7 Exhibit G - Haigh Declaration, # 8 Exhibit H - Shipely Decl, # 9 Exhibit I - Timms Decl, # 10 Exhibit J - Wilbanks Decl, # 11 Exhibit K - Dictionary, # 12 Exhibit L - Dictionary, # 13 Exhibit M - Dictionary, # 14 Exhibit N - Office Action Response, # 15 Exhibit O - Office Action)(Bennett, Joshua)
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Request |
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| 120 |
Filed: 8/29/2019, Entered: 8/29/2019 |
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RESPONSE in Opposition re 102 Emergency MOTION to Change Venue filed by OGD Equipment Co.. (Attachments: # 1 Exhibit 1 - ODC Lubbock Initial Disclosures, # 2 Exhibit 2 - Overhead Door Corp Initial Disclosures, # 3 Exhibit 3 - OGD's Initial Disclosures, # 4 Text of Proposed Order)(Latham, Robert)
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Request |
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| 119 |
Filed: 8/28/2019, Entered: 8/28/2019 |
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MOTION to Dismiss Overhead Door Company of Lubbock, Inc.'s Counterclaims [Dkt. No. 101] by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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| 118 |
Filed: 8/26/2019, Entered: 8/26/2019 |
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ANSWER to 81 Amended Complaint,, , COUNTERCLAIM against OGD Equipment Co. by Overhead Door Corporation.(Bennett, Joshua)
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Request |
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| 117 |
Filed: 8/23/2019, Entered: 8/25/2019 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on 8/5/2019 before Judge Johnson. Court Reporter/Transcriber: Chris Hwang,Telephone number: 518-302-6772. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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. Motion to Redact due 9/13/2019. Release of Transcript Restriction set for 11/21/2019. (kls, )
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Request |
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| 116 |
Filed: 8/23/2019, Entered: 8/25/2019 |
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|
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Conference Proceedings held on July 12, 2019 before Judge Johnson. Court Reporter/Transcriber: Chris Hwang,Telephone number: 518-302-6772. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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. Motion to Redact due 9/13/2019. Release of Transcript Restriction set for 11/21/2019. (kls, )
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Request |
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| 115 |
Filed: 8/21/2019, Entered: 8/21/2019 |
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OBJECTION to 98 Report and Recommendations by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Sustaining Defendants' Objection)(Bennett, Joshua)
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Request |
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| 114 |
Filed: 8/20/2019, Entered: 8/20/2019 |
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Digital Audio File Telephone Conference held on 07/12/2019 before Judge Kimberly C. Priest Johnson. AUDIO FILE size(25.0 MB) (las) Modified on 8/20/2019 (las, ).
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Request |
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| 113 |
Filed: 8/19/2019, Entered: 8/19/2019 |
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MOTION to Amend/Correct 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Bennett, Joshua)
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Request |
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| 112 |
Filed: 8/19/2019, Entered: 8/19/2019 |
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SEALED ADDITIONAL ATTACHMENTS to Main Document: 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims. (Attachments: # 1 Exhibit Subcontractor Agreement, # 2 Exhibit Subcontractor Agreement, # 3 Exhibit Call Log)(Bennett, Joshua)
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| 111 |
Filed: 8/19/2019, Entered: 8/19/2019 |
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Digital Audio File Telephone Conference held on 08/05/2019 before Kimberly C Priest Johnson. AUDIO FILE size(11.6 MB) (ttm, )
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Request |
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| 110 |
Filed: 8/16/2019, Entered: 8/16/2019 |
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Digital Audio Recording Request by Overhead Door Corporation for proceedings held on 08-05-19 Telephone Motion Hearing and 07-12-19 Telephone Hearing before Judge Kimberly C. Priest Johnson. (Carter, Edgar) (Lori Stover to handle hearing on 7/12/19 and Toya McEwen to handle hearing on 8/5/19, sent both on 8/19/19) (ljw, ).
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Request |
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| 109 |
Filed: 8/16/2019, Entered: 8/16/2019 |
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PAPER TRANSCRIPT REQUEST by Overhead Door Corporation for proceedings held on 07-12-19 Discovery Dispute - Telephonic Hearing and 8-5-19 Telephonic Hearing before Judge Kimberly C. Priest Johnson. (Carter, Edgar) (To be transcribed by Chris Hwang, Forwarded to Chris Hwang on 8/19/19) (ljw, ).
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Request |
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| 108 |
Filed: 8/16/2019, Entered: 8/16/2019 |
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ORDER. Defendants' Motion to Seal Exhibits (Dkt. 105 ) is hereby DENIED. IT IS FURTHER ORDERED that the Joint Motion (Dkt. 106 ) is GRANTED IN PART and DENIED IN PART. The Parties may file motions up to thirty pages in length. All other relief requested is DENIED. No further extensions to the briefing deadlines will be granted. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/16/2019. (rpc, )
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Request |
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| 107 |
Filed: 8/16/2019, Entered: 8/16/2019 |
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ORDER re 102 Emergency MOTION to Change Venue. IT IS HEREBY ORDERED that the Motion (Dkt. 102 ) is NOT an emergency. Accordingly, response deadlines are set forth in Local Rule CV-7(e). Signed by Magistrate Judge Kimberly C Priest Johnson on 8/16/2019. (rpc, )
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Request |
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| 106 |
Filed: 8/15/2019, Entered: 8/15/2019 |
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Joint MOTION for Leave to File Excess Pages , Joint MOTION for Extension of Time to File Response/Reply as to 104 MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims, 103 MOTION for Summary Judgment (Partial) by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Granting Joint Motion to Exceed Page Limit for Non-Dispositive Motion and to Extend Response Time)(Bennett, Joshua)
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Request |
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| 105 |
Filed: 8/15/2019, Entered: 8/15/2019 |
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Unopposed SEALED MOTION to Seal Exhibits Filed in Support of Defendants' Motion for Partial Summary Judgment by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Contract, # 2 Exhibit Contract, # 3 Exhibit Call List)(Bennett, Joshua)
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Request |
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| 104 |
Filed: 8/15/2019, Entered: 8/15/2019 |
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MOTION for Partial Summary Judgment as to Plaintiff's Antitrust and Unfair Competition Claims by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Declaration of Alan Hatch, # 2 Text of Proposed Order Granting Defendants' Motion for Partial Summary Judgment)(Bennett, Joshua)
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Request |
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| 103 |
Filed: 8/15/2019, Entered: 8/15/2019 |
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MOTION for Summary Judgment (Partial) by OGD Equipment Co.. (Attachments: # 1 Exhibit A - Johnson Declaration, # 2 Exhibit A-1 - Applicant Letter, # 3 Exhibit A-2 - Final Refusal, # 4 Exhibit A-3 - Applicant Reconsideration, # 5 Exhibit A-4 - Registration on Supplemental, # 6 Exhibit A-5 - Application, # 7 Exhibit A-6 - Office Action, # 8 Exhibit A-7 - Architects Definition, # 9 Exhibit A-8 - Dictionary.com, # 10 Exhibit A-9 - Merriam Webster Overhead, # 11 Exhibit A-10 - Merriam Webster Door, # 12 Exhibit A-11 - Google Patents, # 13 Exhibit Patent, # 14 Exhibit A-13 - Patent Application, # 15 Exhibit A-14 - ODC About Us, # 16 Exhibit A-15 - IDC Architect Corner, # 17 Exhibit A-16 - ODC Distributor Resource, # 18 Exhibit A-17 - Sectional Steel 420 Specs, # 19 Exhibit A-18 - Model 530 Specs, # 20 Exhibit A-19 - Lexis Report, # 21 Exhibit A-20 - Yellow Pages, # 22 Exhibit A-21 - Amarr Spec, # 23 Exhibit A-22 - CHI Website, # 24 Exhibit A-23 - CHI Blog, # 25 Exhibit A-24 - Clopay website, # 26 Exhibit A-25 - RiteHite website, # 27 Exhibit A-26 - Hormann website, # 28 Exhibit A-27 - Texas Garage Door Opener website, # 29 Exhibit A-28 - Lubbock Blog, # 30 Exhibit A-29 - IDEA Accreditation, # 31 Exhibit A-30 - IDEA Certification, # 32 Exhibit A-31 - Overhead Door Google search, # 33 Exhibit A-32 - Overhead Doors Google Search, # 34 Exhibit A-33 - Overhead Door News Google Search, # 35 Exhibit A-34 - Overhead Doors News Google Search, # 36 Exhibit A-35 - OSHA Letter, # 37 Exhibit A-36 - Yellow Pages Plano, # 38 Exhibit A-37 ODC Email, # 39 Exhibit A-38 - Applicant Response to Office Action, # 40 Exhibit B - Hartman Declaration, # 41 Exhibit B-1 MasterFormat 1995, # 42 Exhibit B-2 - MasterFormat 2018, # 43 Exhibit C - Somaya Declaration, # 44 Exhibit C-1 - LexisNexis Articles, # 45 Exhibit C-2 - NewsBank Articles, # 46 Exhibit C-3 - Lubbock Avalanche Journal Articles, # 47 Exhibit C-4 - Door Access Systems printouts, # 48 Exhibit D - Franklyn Declaration, # 49 Exhibit D-1 - Franklyn Survey Report, # 50 Text of Proposed Order)(Latham, Robert)
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Request |
|
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| 102 |
Filed: 8/15/2019, Entered: 8/15/2019 |
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|
Emergency MOTION to Change Venue by Overhead Door Company of Lubbock, Inc.. (Attachments: # 1 Exhibit Declaration of Alan Hatch, # 2 Exhibit Declaration of Jody Jenkins, # 3 Exhibit Witness List, # 4 Text of Proposed Order Proposed Order on Emergency Motion to Transfer Venue)(Jenkins, Jody)
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Request |
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| 101 |
Filed: 8/14/2019, Entered: 8/14/2019 |
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|
ANSWER to 81 Amended Complaint,, , COUNTERCLAIM against OGD Equipment Co. by Overhead Door Company of Lubbock, Inc..(Jenkins, Jody)
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Request |
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| 100 |
Filed: 8/14/2019, Entered: 8/14/2019 |
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|
ORDER. As stated on the record in the August 5, 2019, telephonic hearing, see Dkt. 93 , and in light of the Order denying Defendants Overhead Door Corporation and Overhead Door Company of Lubbock's Motion for Reconsideration, see Dkt. 97 , the stay on antitrust discovery that is relevant and proportional to the case is hereby LIFTED. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/14/2019. (rpc, )
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Request |
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| 99 |
Filed: 8/12/2019, Entered: 8/12/2019 |
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|
MEMORANDUM ADOPTING 80 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. Defendant Overhead Door Corporation's Motion to Dismiss (Dkt. # 51 ) is GRANTED IN PART and DENIED IN PART. Defendant Overhead Door Company of Lubbock, Inc.'s Motion to Dismiss (Dkt. # 55 ) is GRANTED IN PART and DENIED IN PART. Signed by District Judge Amos L. Mazzant, III on 8/12/2019. (rpc, )
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Request |
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| 98 |
Filed: 8/7/2019, Entered: 8/7/2019 |
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REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 82 Supplemental MOTION to Dismiss. Within fourteen (14) days after service of the magistrate judge's report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C.A. § 636(b)(1)(C). Signed by Magistrate Judge Kimberly C Priest Johnson on 8/7/2019. (rpc, )
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Request |
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| 97 |
Filed: 8/7/2019, Entered: 8/7/2019 |
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|
ORDER denying 91 Motion for Reconsideration. Having considered Defendants' Motion (Dkt. # 91 ), the Court finds that the Order (Dkt.# 78 ) is not clearly erroneous or contrary to law. Signed by District Judge Amos L. Mazzant, III on 8/7/2019. (rpc, )
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Request |
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| 96 |
Filed: 8/7/2019, Entered: 8/7/2019 |
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SECOND AMENDED SCHEDULING ORDER: Motions 94 and 95 granted in part. Final Pretrial Conference set for 12/6/2019 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 10/25/2019., Jury instructions due by 11/22/2019., Mediation Completion due by 9/28/2019., Motions due by 8/15/2019., Proposed Pretrial Order due by 11/6/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/7/2019. (rpc, )
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Request |
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| 95 |
Filed: 8/6/2019, Entered: 8/6/2019 |
|
|
Opposed MOTION to Amend/Correct Scheduling Order by Overhead Door Corporation. (Attachments: # 1 Exhibit Proposed Scheduling Order)(Bennett, Joshua)
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Request |
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| 94 |
Filed: 8/6/2019, Entered: 8/6/2019 |
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|
MOTION for Entry of Amended Scheduling Order by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order - Proposed Amended Scheduling Order)(Latham, Robert)
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Request |
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| 93 |
Filed: 8/5/2019, Entered: 8/5/2019 |
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|
Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference held on 8/5/2019. (Court Reporter Digital Recording - Plano 108.) (ttm, )
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Request |
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| |
Filed: 8/5/2019, Entered: 8/5/2019 |
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|
NOTICE ***TIME CHANGED ONLY*** for Hearing: Telephone Conference set for 8/5/2019 ***TIME IS CHANGED TO 03:00 PM*** in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. All dial-in instructions remain the same, parties directed to call in at 2:55 pm.(ttm, )
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| 92 |
Filed: 7/31/2019, Entered: 7/31/2019 |
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ORDER. IT IS HEREBY ORDERED that counsel for all parties shall appear telephonically on 8/5/2019 at 1:00 PM before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/31/2019. (baf, )
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Request |
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| 91 |
Filed: 7/30/2019, Entered: 7/30/2019 |
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|
MOTION for Reconsideration re 78 Order on Motion to Amend/Correct, by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Sustaining Defendants' Objection)(Bennett, Joshua)
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Request |
|
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| 90 |
Filed: 7/30/2019, Entered: 7/30/2019 |
|
|
ORDER - GRANTING 86 Motion to Join Overhead Door Corporation's Objections to the Magistrate Judge's Report and Recommendation. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/30/2019. (baf, )
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Request |
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| |
Filed: 7/30/2019, Entered: 7/30/2019 |
|
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NOTICE of Deficiency regarding the 88 APPEAL OF MAGISTRATE JUDGE DECISION to District Court submitted by Overhead Door Corporation. The document was filed using the wrong event. It should be refiled as a Motion for Reconsideration. Correction should be made by one business day. (rpc, ) Modified on 7/30/2019 (rpc, ).
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| 89 |
Filed: 7/29/2019, Entered: 7/29/2019 |
|
|
SUR-REPLY to Reply to Response to Motion re 82 Supplemental MOTION to Dismiss for Failure to State a Claim and for Exceeding the Court's Order Granting Leave to Amend filed by OGD Equipment Co.. (Latham, Robert)
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Request |
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| 88 |
Filed: 7/29/2019, Entered: 7/29/2019 |
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|
***PLEASE DISREGARD. FILED IN ERROR BY ATTORNEY. INCORRECT DOCKET EVENT USED*** APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Overhead Door Corporation re 78 Order on Motion to Amend/Correct, (Bennett, Joshua) Modified on 7/30/2019 (rpc, ).
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Request |
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| 87 |
Filed: 7/29/2019, Entered: 7/29/2019 |
|
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OBJECTION to 80 Report and Recommendations by Overhead Door Corporation. (Bennett, Joshua)
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Request |
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| 86 |
Filed: 7/29/2019, Entered: 7/29/2019 |
|
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MOTION Joinder to Objections of Co-Defendant by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody) (Additional attachment(s) added on 7/30/2019: # 1 Text of Proposed Order) (rpc, ).
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Request |
|
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| 85 |
Filed: 7/29/2019, Entered: 7/29/2019 |
|
|
OBJECTION to 80 Report and Recommendations by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
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|
Request |
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| 84 |
Filed: 7/26/2019, Entered: 7/26/2019 |
|
|
REPLY to Response to Motion re 82 Supplemental MOTION to Dismiss for Failure to State a Claim and for Exceeding the Court's Order Granting Leave to Amend filed by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Bennett, Joshua)
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Request |
|
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| 83 |
Filed: 7/24/2019, Entered: 7/24/2019 |
|
|
RESPONSE to Motion re 82 Supplemental MOTION to Dismiss for Failure to State a Claim and for Exceeding the Court's Order Granting Leave to Amend filed by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Johnson, Grant)
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Request |
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| 82 |
Filed: 7/22/2019, Entered: 7/22/2019 |
|
|
Supplemental MOTION to Dismiss for Failure to State a Claim and for Exceeding the Court's Order Granting Leave to Amend by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Exhibit Redline Comparison of Plaintiff's First and Second Amended Complaints, # 2 Text of Proposed Order Granting Defendants' Supplemental Motion to Dismiss)(Bennett, Joshua)
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Request |
|
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| 81 |
Filed: 7/17/2019, Entered: 7/17/2019 |
|
|
AMENDED COMPLAINT Second Amended Complaint against Overhead Door Company of Lubbock, Inc., Overhead Door Corporation, filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A - May 8 2007 email, # 2 Exhibit B - ODC Corp Webpage, # 3 Exhibit C - ODC Lubbock Webpage, # 4 Exhibit D - ODC Corp About Us Webpage, # 5 Exhibit E - ODC Corp Architect Corner Webpage, # 6 Exhibit F - ODC Corp Distributor Resources Webpage, # 7 Exhibit G - McGowen email, # 8 Exhibit H - April 2017 letter, # 9 Exhibit I - July 2017 letter, # 10 Exhibit J - Agreement, # 11 Exhibit K - November 2017 Offer, # 12 Exhibit L - December 2017 Offer)(Latham, Robert)
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Request |
|
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| 80 |
Filed: 7/15/2019, Entered: 7/15/2019 |
|
|
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE re 51 MOTION to Dismiss Counts IIV and the Trademark-Related Claims in Counts VVI and VII MOTION to Dismiss for Lack of Jurisdiction filed by Overhead Door Corporation. and 55 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings filed by Overhead Door Company of Lubbock, Inc. Within fourteen (14) days after service of the magistrate judge's report, any party may serve and file written objections to the findings and recommendations of the magistrate judge. 28 U.S.C.A. § 636(b)(1)(C). Signed by Magistrate Judge Kimberly C Priest Johnson on 7/15/2019. (rpc, )
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Request |
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| 79 |
Filed: 7/15/2019, Entered: 7/15/2019 |
|
|
ORDER. IT IS HEREBY ORDERED that all discovery related to OGD Equipment Companys ("OGD") antitrust claim is hereby STAYED, pending the Court's final ruling on Defendants Overhead Door Corporation and Overhead Door Company of Lubbock, Inc.'s ("Defendants") Motions to Dismiss. IT IS FURTHER ORDERED that Defendants shall produce all communications sought by OGD related to the enforcement and validity of the "Overhead Door" trademark no later than Monday, July 22, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/15/2019. (rpc, )
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Request |
|
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| |
Filed: 7/15/2019, Entered: 7/15/2019 |
|
|
Set/Reset Scheduling Order Deadlines: Amended Pleadings due by 7/17/2019. (rpc, )
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| 78 |
Filed: 7/15/2019, Entered: 7/15/2019 |
|
|
ORDER granting in part and denying in part 77 Motion to Amend 43 Amended Complaint. IT IS HEREBY ORDERED that OGD shall file an Amended Complaint, if any, by July 17, 2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 7/15/2019. (rpc, )
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|
Request |
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| 77 |
Filed: 7/12/2019, Entered: 7/15/2019 |
|
|
ORAL MOTION to Amend 43 Amended Complaint during telephonic hearing 76 by OGD Equipment Co. (rpc, )
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| 76 |
Filed: 7/12/2019, Entered: 7/12/2019 |
|
|
Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Telephone Conference re: discovery disputes held on 7/12/2019. (Court Reporter Digital Recording.) (las)
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Request |
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| |
Filed: 7/10/2019, Entered: 7/10/2019 |
|
|
***NOTICE OF TIME CHANGE ONLY - TELEPHONE CONFERENCE MOVED FROM 10:30 AM to 2:00 PM***NOTICE of Resetting Time of Telephone Conference: Telephone Conference set for 7/12/2019 at 2:00 PM before Magistrate Judge Kimberly C Priest Johnson. (kls, ) Modified on 7/10/2019 (kls, ).
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| 75 |
Filed: 7/8/2019, Entered: 7/8/2019 |
|
|
ORDER. Telephone Conference set for Friday, 7/12/2019 at 10:30 AM before Magistrate Judge Kimberly C Priest Johnson re: discovery disputes. Signed by Magistrate Judge Kimberly C Priest Johnson on 07/08/2019. (las)
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|
Request |
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| 74 |
Filed: 4/29/2019, Entered: 4/29/2019 |
|
|
FIRST AMENDED SCHEDULING ORDER: Final Pretrial Conference set for 12/6/2019 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Discovery due by 9/20/2019., Jury instructions due by 11/22/2019., Motions due by 8/1/2019., Proposed Pretrial Order due by 11/6/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/29/2019. (rpc, )
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|
Request |
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| 73 |
Filed: 4/19/2019, Entered: 4/19/2019 |
|
|
Agreed MOTION to Amend/Correct 65 Scheduling Order,, Terminate Motions, by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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|
Request |
|
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| 72 |
Filed: 12/3/2018, Entered: 12/3/2018 |
|
|
SUR-REPLY to Reply to Response to Motion re 55 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings filed by OGD Equipment Co.. (Latham, Robert)
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|
Request |
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| 71 |
Filed: 12/3/2018, Entered: 12/3/2018 |
|
|
SUR-REPLY to Reply to Response to Motion re 51 MOTION to Dismiss Counts IIV and the Trademark-Related Claims in Counts VVI and VII MOTION to Dismiss for Lack of Jurisdiction filed by OGD Equipment Co.. (Latham, Robert)
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|
Request |
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| 70 |
Filed: 11/12/2018, Entered: 11/12/2018 |
|
|
REPLY to Response to Motion re 55 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings filed by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
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Request |
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| 69 |
Filed: 11/12/2018, Entered: 11/12/2018 |
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REPLY to Response to Motion re 51 MOTION to Dismiss Counts IIV and the Trademark-Related Claims in Counts VVI and VII MOTION to Dismiss for Lack of Jurisdiction filed by Overhead Door Corporation. (Attachments: # 1 Exhibit Verdict Form in PSK, LLC v. Hicklin et al., No. 09-cv-105 (N.D. Iowa), # 2 Exhibit Judgment in PSK, LLC v. Hicklin et al., No. 09-cv-105 (N.D. Iowa))(Bennett, Joshua)
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Request |
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| 68 |
Filed: 10/29/2018, Entered: 10/29/2018 |
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ORDER granting 67 Motion for Extension of Time to File. IT IS THEREFORE ORDERED that Defendants' deadline to submit replies in support of their motions to dismiss (Dkts. 51 , 55 ) is extended to November 12, 2018. IT IS FURTHER ORDERED that Plaintiff's deadline to submit sur-replies in opposition to the pending motions to dismiss (Dkts. 51 , 55 ) is extended to December 3, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/29/2018. (rpc, )
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Request |
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| 67 |
Filed: 10/26/2018, Entered: 10/26/2018 |
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Joint MOTION for Extension of Time to File Response/Reply by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Granting Joint Motion for Extention of Time to File Replies and Sur-Replies)(Bennett, Joshua)
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Request |
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| 66 |
Filed: 10/23/2018, Entered: 10/23/2018 |
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RESPONSE to Motion re 55 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction MOTION for Judgment on the Pleadings filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Latham, Robert)
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Request |
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| 65 |
Filed: 10/23/2018, Entered: 10/23/2018 |
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SCHEDULING ORDER: Final Pretrial Conference set for 12/6/2019 at 09:00 AM in Ctrm 208 (Sherman) before District Judge Amos L. Mazzant III., Amended Pleadings due by 1/21/2019., Discovery due by 7/18/2019., Expert Witness List due by 6/5/2019., Joinder of Parties due by 12/10/2018., Jury instructions due by 11/22/2019., Motions due by 8/1/2019., Proposed Pretrial Order due by 11/6/2019. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/23/2018. (rpc, )
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Request |
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| 64 |
Filed: 10/23/2018, Entered: 10/23/2018 |
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ORDER granting 62 Motion for Leave to File. Plaintiff OGD's Response to Defendant Overhead Door Corporations Motion to Dismiss (Dkt. 63 ) is deemed filed. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/23/2018. (rpc, )
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Request |
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| 63 |
Filed: 10/22/2018, Entered: 10/22/2018 |
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RESPONSE to Motion re 51 MOTION to Dismiss Counts IIV and the Trademark-Related Claims in Counts VVI and VII MOTION to Dismiss for Lack of Jurisdiction filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Latham, Robert)
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Request |
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| 62 |
Filed: 10/22/2018, Entered: 10/22/2018 |
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Unopposed MOTION for Leave to File Response Under Rules for Dispositive Motions by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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| 61 |
Filed: 10/19/2018, Entered: 10/19/2018 |
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Joint MOTION Entry of Scheduling Order by OGD Equipment Co.. (Attachments: # 1 Exhibit A - Plaintiff's Proposed Scheduling Order, # 2 Exhibit B - Defendants' Proposed Scheduling Order)(Teicher, Shannon)
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Request |
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| 60 |
Filed: 10/19/2018, Entered: 10/19/2018 |
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Opposed MOTION For Entry of Scheduling Order with Brief In Support by Overhead Door Company of Lubbock, Inc., Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 59 |
Filed: 10/19/2018, Entered: 10/19/2018 |
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ANSWER to 53 Counterclaim by OGD Equipment Co..(Latham, Robert)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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| 58 |
Filed: 10/10/2018, Entered: 10/10/2018 |
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ORDER. The Court hereby ORDERS the Parties to file their Joint Scheduling Order and Joint Proposed ESI Production Protocol by October 19, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/10/2018. (rpc, )
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Request |
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| 57 |
Filed: 10/2/2018, Entered: 10/2/2018 |
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ORDER granting 56 Motion for Extension of Time to File Responses. Plaintiff's deadline to respond to 51 Defendant Overhead's Motion to Dismiss is extended to October 22, 2018. Plaintiff's deadline to respond to 53 Defendant Overhead's First Amended Counterclaims is extended to October 19, 2018. Plaintiff's deadline to respond to 55 Defendant Overhead-Lubbock's Motion to Dismiss and for Judgment on the Pleadings is extended to October 23, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 10/2/2018. (daj, )
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Request |
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| 56 |
Filed: 10/1/2018, Entered: 10/1/2018 |
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Unopposed MOTION for Extension of Time to File Responses to Defendants' Respective Motions to Dismiss and to Answer or Otherwise Respond to the First Amended Counterclaims by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Teicher, Shannon)
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Request |
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| 55 |
Filed: 9/25/2018, Entered: 9/25/2018 |
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MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction , MOTION for Judgment on the Pleadings by Overhead Door Company of Lubbock, Inc.. (Attachments: # 1 Text of Proposed Order)(Jenkins, Jody)
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Request |
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| 54 |
Filed: 9/24/2018, Entered: 9/24/2018 |
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ORDER. Defendant Overhead's Motion (Dkt. 50 ) is GRANTED and Defendant Overhead's Rule 12(b)(1) and 12(b)(6) Motion to Dismiss Counts I-IV, and the Trademark-Related Claims in Counts V-VI and VIII, of Plaintiff's First Amended Complaint with Brief in Support (Dkt. 51 ) is deemed filed. Signed by Magistrate Judge Kimberly C Priest Johnson on 9/24/2018. (rpc, )
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Request |
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| 53 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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Amended COUNTERCLAIM against OGD Equipment Co., filed by Overhead Door Corporation.(Bennett, Joshua)
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Request |
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| 52 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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ANSWER to 43 Amended Complaint, by Overhead Door Corporation.(Bennett, Joshua)
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Request |
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| 51 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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MOTION to Dismiss Counts IIV and the Trademark-Related Claims in Counts VVI and VII, MOTION to Dismiss for Lack of Jurisdiction by Overhead Door Corporation. (Bennett, Joshua) (Additional attachment(s) added on 9/25/2018: # 1 Text of Proposed Order) (rpc, ).
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Request |
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| 50 |
Filed: 9/21/2018, Entered: 9/21/2018 |
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Unopposed MOTION for Leave to File Non-Case Dispositive Motion to Dismiss Under the Page Limits for Case Dispositive Motions by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order Granting Motion for Leave to File in Excess of Page Limit for Non-Dispositive Motion)(Bennett, Joshua)
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Request |
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| |
Filed: 9/6/2018, Entered: 9/6/2018 |
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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Overhead Door Company of Lubbock, Inc. to 9/25/2018. 18 Days Granted for Deadline Extension.( rpc, )
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| 49 |
Filed: 9/5/2018, Entered: 9/5/2018 |
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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Overhead Door Company of Lubbock, Inc..( Jenkins, Jody)
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Request |
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| 48 |
Filed: 9/5/2018, Entered: 9/5/2018 |
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***FILED IN ERROR. PLEASE DISREGARD*** Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re Overhead Door Company of Lubbock, Inc..( Jenkins, Jody) Modified on 9/5/2018 (rpc, ).
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Request |
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| |
Filed: 8/31/2018, Entered: 8/31/2018 |
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Defendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Overhead Door Corporation to 9/21/2018. 14 Days Granted for Deadline Extension.( rpc, )
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| 47 |
Filed: 8/31/2018, Entered: 8/31/2018 |
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Defendant's Unopposed Application for Extension of Time to Answer First Amended Complaint re Overhead Door Corporation.( Bennett, Joshua)
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Request |
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| 46 |
Filed: 8/24/2018, Entered: 8/24/2018 |
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ORDER granting 42 Motion for Leave to File First Amended Complaint. IT IS FURTHER ORDERED 11 Motion to Dismiss and 13 Motion to Dismiss are hereby DENIED AS MOOT, without prejudice to refiling. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/24/2018. (rpc, )
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Request |
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| 45 |
Filed: 8/23/2018, Entered: 8/23/2018 |
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NOTICE by OGD Equipment Co. re 42 MOTION for Leave to File First Amended Complaint [Notice of Non-Opposition] (Latham, Robert)
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Request |
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| 44 |
Filed: 8/21/2018, Entered: 8/21/2018 |
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ORDER re 42 MOTION for Leave to File First Amended Complaint. Defendant Overhead-Lubbock shall submit an expedited response to the Motion (Dkt. 42 ), if any, by Thursday, August 23, 2018, at 5:00 p.m. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/21/2018. (rpc, )
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Request |
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| 43 |
Filed: 8/20/2018, Entered: 8/20/2018 |
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AMENDED COMPLAINT against All Defendants, filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Latham, Robert)
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Request |
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| 42 |
Filed: 8/20/2018, Entered: 8/20/2018 |
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MOTION for Leave to File First Amended Complaint by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Latham, Robert)
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Request |
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| 41 |
Filed: 8/17/2018, Entered: 8/17/2018 |
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PROTECTIVE ORDER AND E-DISCOVERY ORDER. Signed by Magistrate Judge Kimberly C Priest Johnson on 8/17/2018. (rpc, )
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Request |
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| 40 |
Filed: 8/16/2018, Entered: 8/16/2018 |
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Joint MOTION for Entry of Protective Order and ESI Order by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order, # 2 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 39 |
Filed: 7/24/2018, Entered: 7/24/2018 |
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Minute Entry for proceedings held before Magistrate Judge Kimberly C Priest Johnson: Rule 16 Management Conference held on 7/24/2018. (Court Reporter Digital Recording - Plano 108.) (ttm, )
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Request |
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| 38 |
Filed: 7/24/2018, Entered: 7/24/2018 |
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NOTICE of Attorney Appearance by Kenneth R Glaser on behalf of Overhead Door Corporation (Glaser, Kenneth)
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Request |
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| 37 |
Filed: 7/13/2018, Entered: 7/13/2018 |
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REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit A (Proposed Scheduling Order), # 2 Exhibit B (Sample ESI Protocol))(Johnson, Grant)
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Request |
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| 36 |
Filed: 7/3/2018, Entered: 7/3/2018 |
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REPORT of Mediation by 5C89A9A. Mediation result: No settlement was reached, the mediator will continue to work with the parties(5C89A9A)
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Request |
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| 35 |
Filed: 6/22/2018, Entered: 6/22/2018 |
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ORDER granting 34 Motion for Second Extension of Time to Serve Initial Mandatory Disclosures of Relevant Documents. The parties shall complete their initial mandatory disclosures by July 13, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 6/22/2018. (rpc, )
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Request |
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| 34 |
Filed: 6/21/2018, Entered: 6/21/2018 |
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Unopposed MOTION for Second Extension of Time to Serve Initial Mandatory Disclosures of Relevant Documents by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| |
Filed: 5/11/2018, Entered: 5/11/2018 |
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Reset Deadlines/Hearings: Rule 26 Meeting Report due by 7/13/2018. Rule 16 Management Conference set for 7/24/2018 at 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. (rpc, )
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| 33 |
Filed: 5/11/2018, Entered: 5/11/2018 |
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ORDER granting 32 Motion for Extension of Time to File Or Serve Initial Mandatory Disclosure of Relevant Documents. Signed by Magistrate Judge Kimberly C Priest Johnson on 5/11/2018. (rpc, )
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Request |
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| 32 |
Filed: 5/3/2018, Entered: 5/3/2018 |
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Unopposed MOTION for Extension of Time to File Or Serve Initial Mandatory Disclosure of Relevant Documents by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 31 |
Filed: 4/30/2018, Entered: 4/30/2018 |
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SUR-REPLY to Reply to Response to Motion re 13 First MOTION to Dismiss for Lack of Jurisdiction First MOTION for Judgment on the Pleadings First MOTION to Dismiss filed by OGD Equipment Co.. (Johnson, Grant)
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Request |
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| 30 |
Filed: 4/27/2018, Entered: 4/27/2018 |
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SUR-REPLY to Reply to Response to Motion re 11 MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support filed by OGD Equipment Co.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Latham, Robert)
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Request |
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| 29 |
Filed: 4/24/2018, Entered: 4/24/2018 |
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NOTICE of Attorney Appearance by Robert Parke Latham on behalf of All Plaintiffs (Latham, Robert)
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Request |
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| 28 |
Filed: 4/23/2018, Entered: 4/24/2018 |
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ORDER granting 27 MOTION for Extension of Time to File Response/Reply as to 25 Reply to Response to Motion, 26 Reply to Response to Motion. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/23/2018. (rpc, )
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Request |
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| 27 |
Filed: 4/20/2018, Entered: 4/20/2018 |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 25 Reply to Response to Motion, 26 Reply to Response to Motion, by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order)(Johnson, Grant)
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Request |
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| 26 |
Filed: 4/16/2018, Entered: 4/16/2018 |
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REPLY to Response to Motion re 13 First MOTION to Dismiss for Lack of Jurisdiction First MOTION for Judgment on the Pleadings First MOTION to Dismiss filed by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody)
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Request |
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| 25 |
Filed: 4/13/2018, Entered: 4/13/2018 |
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REPLY to Response to Motion re 11 MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support filed by Overhead Door Corporation. (Carter, Edgar)
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Request |
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| 24 |
Filed: 4/10/2018, Entered: 4/10/2018 |
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ORDER GOVERNING PROCEEDINGS. Rule 26 Meeting Report due by 5/11/2018. Rule 16 Management Conference set for 5/29/2018 at 01:30 PM in Ctrm 108 (Plano) before Magistrate Judge Kimberly C Priest Johnson. Signed by Magistrate Judge Kimberly C Priest Johnson on 4/10/2018. (rpc, )
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Request |
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| 23 |
Filed: 3/30/2018, Entered: 3/30/2018 |
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ANSWER to 12 Answer to Complaint, Counterclaim by OGD Equipment Co..(Folsom, David)
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Request |
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| 22 |
Filed: 3/29/2018, Entered: 3/29/2018 |
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ORDER. The Court finds the Motions (Dkts. 20 , 21 ) are GRANTED. Defendant Overhead's deadline to reply to Plaintiff's response (Dkt. 18 ) to Defendant Overhead's Motion to Dismiss (Dkt. 11) is extended to April 13, 2018. IT IS FURTHER ORDERED that Defendant Overhead-Lubbock's deadline to reply to Plaintiff's response (Dkt. 19 ) to Defendant Overhead-Lubbock's Motion to Dismiss (Dkt. 13) is extended to April 16, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/29/2018. (rpc, )
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Request |
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| 21 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Unopposed MOTION for Extension of Time to File Response/Reply by Overhead Door Company of Lubbock, Inc.. (Attachments: # 1 Text of Proposed Order)(Jenkins, Jody)
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Request |
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| 20 |
Filed: 3/28/2018, Entered: 3/28/2018 |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 11 MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support by Overhead Door Corporation. (Attachments: # 1 Text of Proposed Order)(Carter, Edgar)
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Request |
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| 19 |
Filed: 3/26/2018, Entered: 3/26/2018 |
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RESPONSE to Motion re 13 First MOTION to Dismiss for Lack of Jurisdiction First MOTION for Judgment on the Pleadings First MOTION to Dismiss filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A - 2017.04.27 Overhead Door Cease and Desist, # 2 Exhibit B - 2017.05.16 Correspondence to Overhead Door Corporation, # 3 Exhibit C - 2017.07.19 Demand Letter From Overhead Door, # 4 Exhibit D - Confidentiality and Rule 408 Agreement (Executed), # 5 Exhibit E - 2017.11.13 Correspondence from Gardere, # 6 Exhibit F - 2017.11.22 Rule 202 Petition, # 7 Exhibit G - 2017.12.14 Response to Rule 202 Petition, # 8 Exhibit H - 2017.12.29 Order Authorizing Deposition, # 9 Exhibit I - 2017.12.21 Correspondence from Gardere, # 10 Exhibit J - 2018.01.09 Motion Vacate as Moot, # 11 Exhibit K - 2017-01-12 Response Motion to Vacate of Overhead Door Company, # 12 Exhibit L - 2018-01-19 Petition for Writ of Mandamus, # 13 Exhibit M - 2018.02.02 Mandamus Response, # 14 Text of Proposed Order Denying Overhead Door Company of Lubbock's Motion to Dismiss)(Folsom, David)
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Request |
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| 18 |
Filed: 3/23/2018, Entered: 3/23/2018 |
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RESPONSE to Motion re 11 MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A - 2017.07.19 Demand Letter From Overhead Door, # 2 Exhibit B - 2017.04.27 Overhead Door Cease and Desist, # 3 Exhibit C - 2017.05.16 Correspondence to Overhead Door Corporation, # 4 Exhibit D - Confidentiality and Rule 408 Agreement (Executed), # 5 Exhibit E - 2017.11.13 Correspondence from Gardere, # 6 Exhibit F - 2017.12.21 Correspondence from Gardere, # 7 Text of Proposed Order Denying Overhead Door Corporation's Motion to Dismiss)(Folsom, David)
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Request |
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| 17 |
Filed: 3/13/2018, Entered: 3/13/2018 |
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ORDER granting 15 Motion for Extension of Time to File Response. Plaintiff's deadline to respond to Defendant Overhead Door Corporation's Motion to Dismiss (Dkt. 11 ) is extended to March 23, 2018. Plaintiff's deadline to respond to Defendant Overhead Door Company of Lubbock, Inc.'s Motion to Dismiss (Dkt. 13 ) is extended to March 26, 2018. Signed by Magistrate Judge Kimberly C Priest Johnson on 3/13/2018. (rpc, )
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Request |
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| |
Filed: 3/9/2018, Entered: 3/9/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for OGD Equipment Co. to 3/30/2018. 14 Days Granted for Deadline Extension.( rpc, )
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| 16 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint re OGD Equipment Co..( Johnson, Grant)
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Request |
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| 15 |
Filed: 3/9/2018, Entered: 3/9/2018 |
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Unopposed MOTION for Extension of Time to File Response/Reply as to 13 First MOTION to Dismiss for Lack of Jurisdiction First MOTION for Judgment on the Pleadings First MOTION to Dismiss , 11 MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support by OGD Equipment Co.. (Attachments: # 1 Text of Proposed Order Order Granting Unopposed Motion to Extend the Deadline for Plaintiff to Respond to Defendants' Motions to Dismiss)(Johnson, Grant)
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Request |
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| 14 |
Filed: 2/26/2018, Entered: 2/26/2018 |
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***NOW ATTACHED TO 13 . PLEASE DISREGARD.*** Proposed MOTION to Dismiss for Lack of Jurisdiction by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody) Modified on 2/27/2018 (rpc, ).
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Request |
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| |
Filed: 2/26/2018, Entered: 2/26/2018 |
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (rpc, )
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| 13 |
Filed: 2/24/2018, Entered: 2/24/2018 |
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First MOTION to Dismiss for Lack of Jurisdiction , First MOTION for Judgment on the Pleadings , First MOTION to Dismiss by Overhead Door Company of Lubbock, Inc.. (Jenkins, Jody) (Additional attachment(s) added on 2/27/2018: # 1 Text of Proposed Order) (rpc, ).
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Request |
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| 12 |
Filed: 2/23/2018, Entered: 2/23/2018 |
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Defendant Overhead Door Corporation's ANSWER to 1 Complaint, , COUNTERCLAIM against OGD Equipment Co. by Overhead Door Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Carter, Edgar)
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Request |
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| 11 |
Filed: 2/23/2018, Entered: 2/23/2018 |
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MOTION to Dismiss Count 1 and Portions of Count III and V of Plaintiff's Original Complaint for Lack of Subject Matter Jurisdiction and Brief in Support by Overhead Door Corporation. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Text of Proposed Order)(Carter, Edgar)
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Request |
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| |
Filed: 1/22/2018, Entered: 1/22/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Overhead Door Company of Lubbock, Inc. to 2/24/2018. 30 Days Granted for Deadline Extension.( rpc, )
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| 10 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Overhead Door Company of Lubbock, Inc..( Jenkins, Jody)
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Request |
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| |
Filed: 1/19/2018, Entered: 1/19/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for Overhead Door Corporation to 2/23/2018. 30 Days Granted for Deadline Extension.( rpc, )
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| 9 |
Filed: 1/19/2018, Entered: 1/19/2018 |
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Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Overhead Door Corporation.( Arnett, James)
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Request |
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| 8 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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SUMMONS Returned Executed by OGD Equipment Co.. Overhead Door Company of Lubbock, Inc. served on 1/4/2018, answer due 1/25/2018. (Johnson, Grant)
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Request |
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| 7 |
Filed: 1/10/2018, Entered: 1/10/2018 |
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SUMMONS Returned Executed by OGD Equipment Co.. Overhead Door Corporation served on 1/3/2018, answer due 1/24/2018. (Johnson, Grant)
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Request |
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| 6 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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SUMMONS Issued as to Overhead Door Corporation. (rpc, )
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Request |
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| 5 |
Filed: 1/3/2018, Entered: 1/3/2018 |
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SUMMONS Issued as to Overhead Door Company of Lubbock, Inc.(rpc, )
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Request |
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| 4 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Johnson, Grant)
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Request |
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| 3 |
Filed: 1/2/2018, Entered: 1/2/2018 |
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Additional Attachments to Main Document: 1 Complaint,.. (Attachments: # 1 Exhibit A - ODC Corp.s About Us webpage, # 2 Exhibit B - ODC Corp.s Architects Corner webpage, # 3 Exhibit C - Product specifications provided on ODC Corp.s website, # 4 Exhibit D - Product specifications provided on Wayne Daltons website, # 5 Exhibit E - OGDs email communications with Ms. McGowen, # 6 Exhibit F - April 27, 2017 letter from Ms. McGowen, # 7 Exhibit G - ODC Lubbocks Suit to Investigate Claim, # 8 Exhibit H - J. Picken Blog Entry, # 9 Exhibit I - LinkedIn profile of J. Picken)(Johnson, Grant)
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Request |
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Filed: 1/1/2018, Entered: 1/1/2018 |
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In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (kls, )
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Filed: 12/29/2017, Entered: 1/1/2018 |
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Case Assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (kls, )
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| 2 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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CORPORATE DISCLOSURE STATEMENT filed by OGD Equipment Co. (Johnson, Grant)
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Request |
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| 1 |
Filed: 12/29/2017, Entered: 12/29/2017 |
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-6604675.), filed by OGD Equipment Co.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(Johnson, Grant)
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