Overstock.com v. NCR

Federal Civil Lawsuit Utah District Court, Case No. 2:04-cv-00814
District Judge Dale A. Kimball, presiding
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District Judge Dale A. Kimball
Last Updated January 16, 2017 at 9:32 PM EST (8.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Overstock.com, Inc. Overstock.com, Inc., Plaintiff
Officially listed as "Overstock.com"
Officer/Director, Kirkland's, Inc.

Represented by Parsons Behle & Latimer

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Catherine A. Agnoli +1 801 532 1234 +1 801 536 6111 ecf@parsonsbehle.com
No Logo Ncr, Counter-Claimant

Represented by Chapman & Cutler LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer A. Brown +1 801 533 0066 jbrown@chapman.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David M. Connors +1 801 320 6700

Represented by Mayer Brown, LLP

Name Phone Fax E-Mail
Space Clifford M. Michel +1 212 506 2500

Represented by Sullivan & Worcester, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul R. Gupta, Esq. +1 617 338 2800 +3382 338 338 2880
v.
No Logo Ncr, Defendant

Represented by Chapman & Cutler LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jennifer A. Brown +1 801 533 0066 jbrown@chapman.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David M. Connors +1 801 320 6700

Represented by Mayer Brown, LLP

Name Phone Fax E-Mail
Space Clifford M. Michel +1 212 506 2500

Represented by Sullivan & Worcester, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Paul R. Gupta, Esq. +1 617 338 2800 +3382 338 338 2880
Overstock.com, Inc. Overstock.com, Inc., Counter-Defendant
Officially listed as "Overstock.com"
Officer/Director, Kirkland's, Inc.

Represented by Parsons Behle & Latimer

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Catherine A. Agnoli +1 801 532 1234 +1 801 536 6111 ecf@parsonsbehle.com
Attributes
Citation Unknown
Nature of Suit 830 - Property Rights: Patent
Timeline
  Entries (21) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 21 Filed: 3/28/2005, Entered: None Court Filing
Order granting [19-1] stipulation motion to dismiss with prejudice all claims and counterclaims, each party to bear own costs and fees signed by Judge Dale A. Kimball , 3/28/05 cc:atty (blk) (Entered: 03/29/2005)
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Legal Document (Payment Possibly Required) 20 Filed: 3/24/2005, Entered: None
Notice of filing entitled: Notice of changed of law firm affiliation and revised entry of appearance of counsel by NCR (blk) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 19 Filed: 3/24/2005, Entered: None, Terminated: 3/28/2005
Stipulation by Overstock.com, NCR to dismiss with prejudice all claims and counterclaims, each party to bear own costs and fees (blk) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 18 Filed: 3/1/2005, Entered: None
Certificate of service re: discovery by Overstock.com (blk) (Entered: 03/02/2005)
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Legal Document (Payment Possibly Required) 17 Filed: 3/1/2005, Entered: None
Certificate of service re: discovery by Overstock.com (blk) (Entered: 03/02/2005)
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Legal Document (Payment Possibly Required) 16 Filed: 1/24/2005, Entered: None Court Filing
Motion and Order signed by Judge Dale A. Kimball , 1/24/05 Granting motion/PHV for Attorney Paul R. Gupta, Clifford M. Michel on behalf of defendant NCR, counter-claimant NCR cc:attys (blk) (Entered: 01/24/2005)
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Legal Document (Payment Possibly Required) 15 Filed: 12/30/2004, Entered: None
Certificate of service by NCR re: Responses to pla's First Set of Interrogatories and Requests for Production of Docs (tsh) (Entered: 01/03/2005)
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Legal Document (Payment Possibly Required) 14 Filed: 12/23/2004, Entered: None
Stipulation re: confidentiality order filed by NCR, Overstock.com RE: (blk) (Entered: 12/28/2004)
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Legal Document (Payment Possibly Required) 13 Filed: 12/23/2004, Entered: None Court Filing
Order granting [11-1] joint motion to bifurcate discovery and trial into liability and damages phases signed by Judge Dale A. Kimball , 12/23/04 cc:atty (blk) (Entered: 12/23/2004)
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Legal Document (Payment Possibly Required) 12 Filed: 12/22/2004, Entered: None
Memorandum by Overstock.com, NCR in support of [11-1] joint motion to bifurcate discovery and trial into liability and damages phases (blk) (Entered: 12/23/2004)
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Legal Document (Payment Possibly Required) 11 Filed: 12/22/2004, Entered: None, Terminated: 12/23/2004
Joint motion by Overstock.com, NCR to bifurcate discovery and trial into liability and damages phases (blk) (Entered: 12/23/2004)
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Legal Document (Payment Possibly Required) 10 Filed: 12/15/2004, Entered: None
Certificate of service by Overstock.com re: initial discl (blk) (Entered: 12/16/2004)
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Legal Document (Payment Possibly Required) 9 Filed: 12/3/2004, Entered: None Court Filing
Scheduling order Setting ;Joining of parties, amending of pleadings on 4/15/05 ; Deadline for filing of all motions 7/31/06 ; Attorney Conference by 12/4/06 ; Final Pretrial Conference for 2:30 12/18/06 ; 6-Week Jury Trial for 8:30 1/8/07 Signed by Judge David Nuffer 12/1/04 cc:atty. (blk) (Entered: 12/06/2004)
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Legal Document (Payment Possibly Required) 8 Filed: 11/22/2004, Entered: None
Certificate of service re: discovery by Overstock.com (blk) (Entered: 11/23/2004)
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Legal Document (Payment Possibly Required) 7 Filed: 11/22/2004, Entered: None
REPORT of Attorney Planning Meeting (blk) (Entered: 11/23/2004)
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Legal Document (Payment Possibly Required) 6 Filed: 11/2/2004, Entered: None
Certificate of election filed by plaintiff Overstock.com Refer to: Litigation (blk) (Entered: 11/03/2004)
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Legal Document (Payment Possibly Required) 5 Filed: 10/12/2004, Entered: None
Answer by Overstock.com to [3-1] counter claim (blk) (Entered: 10/13/2004)
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Legal Document (Payment Possibly Required) 4 Filed: 10/6/2004, Entered: None Court Filing
Magistrate Notice of Hearing Initial Pretrial Conference set for 1:30 12/15/04 To be held before Judge Nuffer cc:atty ( Ntc generated by: clerk) (blk) (Entered: 10/06/2004)
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Legal Document (Payment Possibly Required) 3 Filed: 10/4/2004, Entered: None
Counterclaim by NCR against Overstock.com (blk) (Entered: 10/05/2004)
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Legal Document (Payment Possibly Required) 2 Filed: 9/7/2004, Entered: None
Return of summons executed as to NCR 9/2/04 Answer due on 9/22/04 for NCR (blk) (Entered: 09/15/2004)
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Blank 1 Filed: 9/2/2004, Entered: None Court Filing
Complaint filed, assigned to Judge Dale A. Kimball Receipt no.: 142615 (ekg) (Entered: 09/03/2004)
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