STIPULATED ORDER OF DISMISSAL. All Claims of Planitiff Bayer CropScience LP as set forth in the Complaint (Docket Item 1 ) and the Amended Complaint (Docket Item 38 ) be, and hereby are, DISMISSED with prejudice as to Defendants Tessenderlo Kerley, Inc. and Phoenix Environmental Care, LLC, and their directors, officers, employees, attorneys, insurers, successors and assigns, subsidiaries, affiliates, divisions, parent companies, and related corporate entities; All Counterclaims of Defendants/Counterclaimants Tessenderlo Kerley, Inc. and Phoenix Environmental Care, LLC as set forth in the Defendants respective Answer, Defenses and Counterclaims (Docket Items 9 and 10 ) and the Defendants respective Amended Answer, Defenses and Counterclaims (Docket Items 43 and 44 ) be, and hereby are, DISMISSED with prejudice as to Counterclaim Defendant Bayer CropScience LP, and its directors, officers, employees, attorneys, insurers, successors and assigns, subsidiaries, affiliates, divisions, parent companies, and related corporate entities; and Each party to bear its own attorneys fees and costs. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 12/2/2010. (Lapira, Sharon) (Entered: 12/02/2010)
STIPULATED MOTION AND ORDER OF DISMISSAL by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.(ADAMS, JAMES) Modified text to change event and pleading title on 12/1/2010 (Lapira, Sharon). (Entered: 11/30/2010)
ORDER granting 67 Motion for Extension of Time to File Response/Reply re 67 Responses due by 12/10/2010. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/16/2010. (Lapira, Sharon) (Entered: 11/16/2010)
Consent MOTION for Extension of Time to File Response/Reply as to 59 MOTION for Partial Summary Judgment Plaintiff Bayer CropScience LPs Motion for Partial Summary Judgment on Defendants' Infringement of U.S. Patents Nos. 5,599,804 and 5,656,281 by the Autograph Products by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. Responses due by 12/6/2010 (Attachments: # 1 Text of Proposed Order)(ADAMS, JAMES) (Entered: 11/10/2010)
ORDER that Plaintiff's Motion to File Documents Under Seal is GRANTED. Signed by CHIEF JUDGE JAMES A. BEATY, JR on 11/5/2010. (Lapira, Sharon) (Entered: 11/05/2010)
ORDER Appointing, pursuant to LR 83.9d(a), ROY E. HOFER as the mediator nunc pro tunc. As Mr. Hofer has conferred with the parties and submitted a Report of Mediator to the Clerk pursuant to Local Rule 83.9f, no further action is required of Mr. Hofer. (Gammon, Cheryl) (Entered: 11/02/2010)
ORDER granting 58 Motion for Extension of Time for Mediation. Mediation due by 10/11/2010.. Signed by MAG/JUDGE P. TREVOR SHARP on 10/15/2010. (Lapira, Sharon) (Entered: 10/15/2010)
SEALED MOTION for Leave to Exceed the Page Limit by BAYER CROPSCIENCE LP. Responses due by 11/1/2010 (Attachments: # 1 Text of Proposed Order for Leave to Exceed Page Limit, # 2 Exhibit A to Motion for Leave to Exceed Page Limit)(MILLEN, PRESSLY) (Entered: 10/08/2010)
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Filed: 10/8/2010, Entered: None
SEALED DOCUMENT of Robert J. Koch re 59 MOTION for Partial Summary Judgment Plaintiff Bayer CropScience LPs Motion for Partial Summary Judgment on Defendants' Infringement of U.S. Patents Nos. 5,599,804 and 5,656,281 by the Autograph Products Declaration of Robert J. Koch by Plaintiff BAYER CROPSCIENCE LP. (Attachments: # 1 Exhibit A to Declaration of Robert J. Koch, # 2 Exhibit B to Declaration of Robert J. Koch, # 3 Exhibit C to Declaration of Robert J. Koch, # 4 Exhibit D to Declaration of Robert J. Koch, # 5 Exhibit E, Part 1 to Declaration of Robert J. Koch, # 6 Exhibit E, Part 2 to Declaration of Robert J. Koch, # 7 Exhibit F to Declaration of Robert J. Koch, # 8 Exhibit G to Declaration of Robert J. Koch, # 9 Exhibit H to Declaration of Robert J. Koch, # 10 Exhibit I to Declaration of Robert J. Koch, # 11 Exhibit J to Declaration of Robert J. Koch, # 12 Exhibit K to Declaration of Robert J. Koch, # 13 Exhibit L to Declaration of Robert J. Koch, # 14 Exhibit M to Declaration of Robert J. Koch, # 15 Exhibit N to Declaration of Robert J. Koch, # 16 Exhibit O to Declaration of Robert J. Koch, # 17 Exhibit P to Declaration of Robert J. Koch, # 18 Exhibit Q to Declaration of Robert J. Koch, # 19 Exhibit R to Declaration of Robert J. Koch, # 20 Exhibit S to Declaration of Robert J. Koch, # 21 Exhibit T to Declaration of Robert J. Koch, # 22 Exhibit U to Declaration of Robert J. Koch, # 23 Exhibit V to Declaration of Robert J. Koch, # 24 Exhibit W to Declaration of Robert J. Koch, # 25 Exhibit X to Declaration of Robert J. Koch, # 26 Exhibit Y to Declaration of Robert J. Koch, # 27 Exhibit Z to Declaration of Robert J. Koch, # 28 Exhibit AA to Declaration of Robert J. Koch, # 29 Exhibit AB to Declaration of Robert J. Koch, # 30 Exhibit AC to Declaration of Robert J. Koch, # 31 Exhibit AD to Declaration of Robert J. Koch, # 32 Exhibit AE to Declaration of Robert J. Koch, # 33 Exhibit AF to Declaration of Robert J. Koch, # 34 Exhibit AG to Declaration of Robert J. Koch, # 35 Exhibit AH to Declaration of Robert J. Koch, # 36 Exhibit AI to Declaration of Robert J. Koch, # 37 Exhibit AJ to Declaration of Robert J. Koch, # 38 Exhibit AK to Declaration of Robert J. Koch)(MILLEN, PRESSLY) (Entered: 10/08/2010)
MOTION to Seal Plaintiff Bayer CropScience LP's Motion to File Documents Under Seal by BAYER CROPSCIENCE LP. Responses due by 11/1/2010 (Attachments: # 1 Text of Proposed Order Proposed Order to File Under Seal)(MILLEN, PRESSLY) (Entered: 10/08/2010)
MOTION for Partial Summary Judgment Plaintiff Bayer CropScience LPs Motion for Partial Summary Judgment on Defendants' Infringement of U.S. Patents Nos. 5,599,804 and 5,656,281 by the Autograph Products by BAYER CROPSCIENCE LP. Responses due by 11/12/2010 (MILLEN, PRESSLY) (Entered: 10/08/2010)
Joint MOTION for Extension of Time for Mediation by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. Responses due by 11/1/2010. (WATKINS, SETH) (Entered: 10/07/2010)
NOTICE by BAYER CROPSCIENCE LP, PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. of Designation of Mediator (WATKINS, SETH) (Entered: 08/27/2010)
ORDER that the motion for extension (Docket No. 55 ) is GRANTED and that the time for the parties to select a mediator is extended by one week, to and including August 27, 2010. Signed by MAG/JUDGE P. TREVOR SHARP on 8/23/2010. (Lapira, Sharon) (Entered: 08/23/2010)
Joint MOTION for Extension of Time to Select Mediator by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. Responses due by 9/13/2010. (ADAMS, JAMES) (Entered: 08/19/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 08/19/2010, that the motion for extension (Docket No. 53 ) is GRANTED and that the time for the parties to select a mediator is extended by one week, to and including August 20, 2010. Appointment of Mediator due by 8/20/2010. (Taylor, Abby) (Entered: 08/19/2010)
Joint MOTION for Extension of Time to Select Mediator by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. Responses due by 9/7/2010 (Attachments: # 1 Text of Proposed Order)(ADAMS, JAMES) (Entered: 08/13/2010)
SURREPLY filed by Defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. re 27 MOTION to Compel and Motion for Sanctions (Attachments: # 1 Exhibit 1 to Joint Surreply)(WATKINS, SETH) Modified text on 7/28/2010 (Lapira, Sharon). (Entered: 07/27/2010)
ORDER before the Court on July 26, 2010, for oral argument of the parties on Plaintiffs motion to compel and for sanctions. (Docket No. 27 ) For reasons announced in open court, the Court denied the motion after hearing argument. The Court considers the requests for admission to be premature at this time under the circumstances of this case. There has been no claims construction by the Court and no agreement by the parties concerning construction. In its discretion, the Court finds that Defendants should not be required at this time to make admissions or denials that may turn upon the particular construction to be eventually given to claim terms of the patents in issue. See generally Tulip Computers Intl B.V. v. Dell Computer Corp. 210 F.R.D. 100, 108 (D. Del. 2002); and Phillip M. Adams & Assocs., L.L.C. v. Dell, Inc., Civil No. 1:05-CV- 64 TS, 2007 WL 128962, at *2 (D. Utah Jan. 11, 2007). Discovery proceeds at this time. Either party may request a Markman hearing by filing such a request before the close of discovery. If no request is made, Defendants shall answer the requests for admission within 30 days after the close of discovery. If a request is made, Defendants shall answer the requests within 30 days after a Markman ruling by the Court. Signed by MAG/JUDGE P. TREVOR SHARP on 7/27/2010. (Lapira, Sharon) (Entered: 07/27/2010)
ORDER that Defendants' motion for leave (Docket No. 35 ) is GRANTED. Defendants should file the proposed Surreply attached as Exhibit A to their motion within five days of the date of this Order. Signed by MAG/JUDGE P. TREVOR SHARP on 7/27/2010. (Lapira, Sharon) (Entered: 07/27/2010)
NOTICE of Appearance by attorney DAVID WILLIAM SAR on behalf of Counter Claimants and defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC., (SAR, DAVID) Modified text on 7/20/2010 (Lapira, Sharon). (Entered: 07/20/2010)
NOTICE of Appearance by attorney SETH A. WATKINS on behalf of Counter Claimants PHOENIX ENVIRONMENTAL CARE, LLC, PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC., TESSENDERLO KERLEY, INC., Defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. (WATKINS, SETH) (Entered: 07/02/2010)
NOTICE of Appearance by attorney TIMOTHY C. BICKHAM on behalf of Counter Claimants PHOENIX ENVIRONMENTAL CARE, LLC, PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC., TESSENDERLO KERLEY, INC., Defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. (BICKHAM, TIMOTHY) (Entered: 07/02/2010)
ANSWER to Amended Complaint , Defenses, Counterclaim and Demand for Jury Trial against by PHOENIX ENVIRONMENTAL CARE, LLC. (WATKINS, SETH) (Entered: 07/02/2010)
ANSWER to Amended Complaint , Defenses, Counterclaim and Demand for Jury Trial against by TESSENDERLO KERLEY, INC.. (WATKINS, SETH) (Entered: 07/02/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 06/23/2010 granting 41 Motion for Extension of Time to Answer filed by PHOENIX ENVIRONMENTAL CARE, LLC to 7/2/2010; TESSENDERLO KERLEY, INC. to 7/2/2010. Answer due by 7/2/2010. (Taylor, Abby) (Entered: 06/23/2010)
MOTION for Extension of Time to File Answer re 38 Amended Complaint by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. (ADAMS, JAMES) (Entered: 06/23/2010)
NOTICE of Hearing: Jury Trial set for 7/5/2011 09:30 AM in Unassigned Courtroom; Trial Briefs, etc. deadline set for 6/15/2011. (Kemp, Donita) (Entered: 06/23/2010)
AMENDED COMPLAINT against defendant PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC., filed by BAYER CROPSCIENCE LP. (Attachments: # 1 Exhibit A to Amended Complaint, # 2 Exhibit B to Amended Complaint, # 3 Exhibit C to Amended Complaint, # 4 Exhibit D to Amended Complaint, # 5 Exhibit E to Amended Complaint, # 6 Exhibit F to Amended Complaint, # 7 Exhibit G to Amended Complaint, # 8 Exhibit H to Amended Complaint, # 9 Exhibit I to Amended Complaint, # 10 Exhibit J to Amended Complaint, # 11 Exhibit K to Amended Complaint, # 12 Exhibit L to Amended Complaint, # 13 Exhibit M to Amended Complaint, # 14 Exhibit N to Amended Complaint, # 15 Exhibit O to Amended Complaint, # 16 Exhibit P to Amended Complaint, # 17 Exhibit Q to Amended Complaint, # 18 Exhibit R to Amended Complaint, # 19 Exhibit S to Amended Complaint, # 20 Exhibit T to Amended Complaint, # 21 Exhibit U to Amended Complaint)(MILLEN, PRESSLY) (Entered: 06/11/2010)
NOTICE of Hearing: Motion Hearing on 27 Motion to Compel and Motion for Sanctions set for 7/26/2010 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Garrett, Kim) (Entered: 06/07/2010)
MOTION for Leave to File A JOINT SURREPLY IN OPPOSITION TO BAYER CROPSCIENCE LPS MOTION TO COMPEL AND MOTION FOR SANCTIONS by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. Responses due by 6/28/2010 (Attachments: # 1 Exhibit A - Joint Surreply, # 2 Exhibit 1 to Joint Surreply, # 3 Text of Proposed Order)(WATKINS, SETH) (Entered: 06/03/2010)
REPLY, filed by Plaintiff BAYER CROPSCIENCE LP, to Response to 27 MOTION to Compel and Motion for Sanctions Plaintiff Bayer CropScience LP's Reply Brief in Support of Motion to Compel Defendants' Answers to Plaintiff's Requests for Admission and Motion for Sanctions filed by BAYER CROPSCIENCE LP. (MILLEN, PRESSLY) (Entered: 05/26/2010)
RESPONSE in Opposition re 27 MOTION to Compel and Motion for Sanctions filed by PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. Replies due by 5/26/2010. (Attachments: # 1 Exhibit A, # 2 Exhibit (B)(WATKINS, SETH) Modified on 5/14/2010 (Lapira, Sharon). (Entered: 05/12/2010)
NOTICE of Appearance by attorney HOUDA MORAD on behalf of Defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC., Counter Claimants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. (MORAD, HOUDA) (Entered: 05/11/2010)
NOTICE of Appearance by attorney SETH A. WATKINS on behalf of Defendants PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC. (WATKINS, SETH) (Entered: 05/10/2010)
Joint MOTION for Protective Order by BAYER CROPSCIENCE LP, PHOENIX ENVIRONMENTAL CARE, LLC, TESSENDERLO KERLEY, INC.. Responses due by 5/28/2010 (Attachments: # 1 Text of Proposed Order Proposed Stipulated Protective Order, # 2 Exhibit A - Declaration for Protective Order)(MILLEN, PRESSLY) (Entered: 05/04/2010)
BRIEF re 27 MOTION to Compel and Motion for Sanctions by Plaintiff BAYER CROPSCIENCE LP filed by BAYER CROPSCIENCE LP. (MILLEN, PRESSLY) (Entered: 04/21/2010)
ORDER OF APPROVAL signed by MAG/JUDGE P. TREVOR SHARP on 2/23/10, granting 25 JOINT RULE 26(F) REPORT submitted by the parties. The Report is approved without modification. Plaintiff's Amended Pleadings due by 6/10/2010. Joinder of Parties for Plaintiff due by 6/10/2010. Defendants' Amended Pleadings due by 7/2/2010. Joinder of Parties for Defendant due by 7/2/2010. Dispositive Motions due by 3/8/2011. Discovery due by 2/8/2011. Discovery shall be placed on a case-management track established as: Exceptional with Modifications. Mediation should be conducted no later than midway through the fact discovery period with the exact date to be set by the mediator after consultation with the parties. The parties agree that the mediator shall be selected by the parties on or before August 13, 2010. The parties presently anticipate that the trial of this action will take approximately seven (7) days or less. A jury trial has been demanded. (Law, Trina) (Entered: 02/23/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 2/16/2010 that Plaintiff's motion (Docket No. 22 ) is GRANTED and that Jay I. Alexander of the firm Milbank, Tweed, Hadley & McCloy, LLP, is hereby admitted to practice in this Court pro hac vice for the purpose of representing Bayer CropScience LP in the above-captioned action subject to the provisions of the rules of this Court. (Lloyd, Donna) (Entered: 02/16/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 2/16/2010, that Plaintiff's motion (Docket No. 21 ) is GRANTED and that Robert J. Koch of the firm Milbank, Tweed, Hadley & McCloy, LLP, is hereby admitted to practice in this Court pro hac vice for the purpose of representing Bayer CropScience LP in the above-captioned action subject to the provisions of the rules of this Court. (Lloyd, Donna) (Entered: 02/16/2010)
MOTION for Pro Hac Vice Admission for Jay I. Alexander by BAYER CROPSCIENCE LP. Responses due by 3/5/2010. (Attachments: # 1 Affidavit of Jay I. Alexander, # 2 Text of Proposed Order to Admit Jay I. Alexander Pro Hac Vice)(MILLEN, PRESSLY) (Entered: 02/09/2010)
MOTION for Pro Hac Vice Admission for Robert J. Koch by BAYER CROPSCIENCE LP. Responses due by 3/5/2010. (Attachments: # 1 Affidavit of Robert J. Koch, # 2 Text of Proposed Order to Admit Robert J. Koch)(MILLEN, PRESSLY) (Entered: 02/09/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 2/9/10, that Plaintiff's motion (Docket No. 18 ) is GRANTED and that Kristyne A. Bullock of the firm Flaster Greenberg, P.C., is hereby admitted to practice in this Court pro hac vice for the purpose of representing Bayer CropScience LP in the above-captioned action subject to the provisions of the rules of this Court. (Law, Trina) (Entered: 02/09/2010)
ORDER signed by MAG/JUDGE P. TREVOR SHARP on 2/9/10, that Plaintiff's motion (Docket No. 17 ) is GRANTED and that Abbe F. Fletman of the firm Flaster Greenberg, P.C., is hereby admitted to practice in this Court pro hac vice for the purpose of representing Bayer CropScience LP in the above-captioned action subject to the provisions of the rules of this Court. (Law, Trina) (Entered: 02/09/2010)
MOTION for Pro Hac Vice Admission by BAYER CROPSCIENCE LP. Responses due by 2/26/2010. (Attachments: # 1 Affidavit of Kristyne A. Bullock, # 2 Text of Proposed Order Proposed Order to Admit Kristyne A. Bullock Pro Hac Vice)(MILLEN, PRESSLY) (Entered: 02/02/2010)
MOTION for Pro Hac Vice Admission by BAYER CROPSCIENCE LP. Responses due by 2/26/2010. (Attachments: # 1 Affidavit of Abbe F. Fletman, # 2 Text of Proposed Order Proposed to Admit Abbe F. Fletman Pro Hac Vice)(MILLEN, PRESSLY) (Entered: 02/02/2010)
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 2/22/2010 09:30 AM in Greensboro Courtroom #1A before MAG/JUDGE P. TREVOR SHARP. (Garrett, Kim) (Entered: 01/04/2010)
Consent MOTION for Extension of Time to File Answer re 1 Complaint,, by BAYER CROPSCIENCE LP. Responses due by 12/4/2009. (Attachments: # 1 Text of Proposed Order for Extension of Time to Answer or Otherwise Plead)(MILLEN, PRESSLY) (Entered: 11/20/2009)
AFFIDAVIT OF SERVICE as to PHOENIX ENVIRONMENTAL CARE, LLC, served on 11/5/2009, answer due 11/25/2009. (Attachments: # 1 Exhibit A Certified Mail Slip for Phoenix Environmental Care, LLC) (MILLEN, PRESSLY) (Entered: 11/13/2009)
AFFIDAVIT OF SERVICE as to TESSENDERLO KERLEY, INC., served on 11/2/2009, answer due 11/23/2009. (Attachments: # 1 Exhibit A Certified Mail Slip for Tessenderlo Kerley, Inc.) (MILLEN, PRESSLY) (Entered: 11/13/2009)
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