Docket as of August 29, 2001 8:05 pm Web PACER (v2.3) U.S. District Court U.S. District Court of Eastern Pennsylvania (Philadelphia) CIVIL DOCKET FOR CASE #: 00-CV-3343 STRICK CORPORATION v. STRICKLAND Filed: 06/30/00 Assigned to: JUDGE BRUCE W. KAUFFMAN Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 840 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 15:1125 Trademark Infringement (Lanham Act) STRICK CORPORATION MICHAEL F. SNYDER PLAINTIFF [COR LD NTC] SEIDEL, GONDA, LAVORGNA & MONACO TWO PENN CENTER PLAZA SUITE 1800 PHILA, PA 19102 USA ARTHUR H. SEIDEL FAX 215-988-2757 [COR LD NTC] DRINKER BIDDLE & REATH LLP ONE LOGAN SQUARE 18th and CHERRY STREETS PHILADELPHIA, PA 19103 USA TEL 215-988-3317 v. JAMES B. STRICKLAND, JR. CARL OPPEDAHL DEFENDANT FAX 970-468-0104 [COR LD NTC] MARINA T. LARSON [COR LD NTC] OPPEDAHL & LARSON LLP P.O. BOX 5088 DILLON, CO 80435-5088 USA TEL 970-468-6600 JOHN B. BERRYHILL [COR LD NTC] DANN DORFMAN HERRELL & SKILLMAN 1601 MARKET STREET SUITE 720 PHILADELPHIA, PA 19103-2307 USA TEL 215-563-4100 DOCKET PROCEEDINGS DATE # DOCKET ENTRY 1/8/00 -- Memorandum of Law by PLAINTIFF STRICK CORPORATION in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. (See Paper #37) (fp) [Entry date 01/09/01] 6/30/00 1 Complaint. filing fee $150 receipt #735742 (tj) [Entry date 07/05/00] 6/30/00 -- Summons(es) 1 issued. Mailed to counsel on 6/30/00. (tj) [Entry date 07/05/00] 6/30/00 -- Demand for jury trial by PLAINTIFF STRICK CORPORATION. (tj) [Entry date 07/05/00] 6/30/00 -- Special Case Management Track. (tj) [Entry date 07/05/00] 7/11/00 2 Praecipe to issue an alias summons addressed to DEFENDANT JAMES B. STRICKLAND JR. (fp) [Entry date 07/11/00] 7/11/00 -- Alias Summons(es) issued Given to: Counsel on 7/11/00. (fp) [Entry date 07/11/00] 7/28/00 3 MOTION by PLAINTIFF STRICK CORPORATION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF THE COURT, CERTIFICATE OF SERVICE. (REGISTRAR CERTIFICATE ATTACHED) (fp) [Entry date 07/28/00] 7/28/00 4 Amended complaint by PLAINTIFF STRICK CORPORATION, Amending the Complaint; jury demand. (fp) [Entry date 07/28/00] 7/28/00 -- Summons(es) on Amended Complaint issued. Mailed to counsel 7/31/00. (td) [Entry date 07/31/00] 9/28/00 5 Affidavit of: Melissa Cassidy re: served summons and complaint upon DEBORAH STRICKLAND (Spouse/Co-Resident) on behalf of DEFENDANT JAMES B. STRICKLAND JR. Served by: Personal Service on 9/16/00. (fp) [Entry date 09/28/00] 10/6/00 6 MOTION by DEFENDANT JAMES B. STRICKLAND JR. FOR ADMISSION OF CARL OPPEDAHL AND MARINA LARSON TO APPEAR PRO HAC VICE, CERTIFICATE OF SERVICE. (fp) [Entry date 10/10/00] 10/6/00 7 Answer to Complaint with Affirmative Defenses and CounterClaims by DEFENDANT JAMES B. STRICKLAND JR., Certificate of Service. (fp) [Entry date 10/10/00] 10/6/00 -- ISSUE JOINED. (fp) [Entry date 10/10/00] 10/13/00 8 ORDER THAT DEFENDANT MOTION FOR ADMISSION OF CARL OPPEDAHL AND MARINA LARSON TO APPEAR PRO HAC VICE IS GRANTED (Attorney: CARL OPPEDAHL, MARINA T. LARSON) ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 10/13/00 ENTERED AND COPIES MAILED AND FAXED. (jl) [Entry date 10/13/00] 10/20/00 9 ORDER THAT THE PARTIES SHALL DEVELOP A PROPOSED DISCOVERY PLAN AND SHALL SUBMIT TO THE COURT, ON OR BEFORE 11/20/00 A "RULE 16 MEMORANDUM" THAT INCLUDES: A PROPOSED SCHEDULE FOR REMAINING PRETRIAL PROCEEDINGS SETTING FORTH TIME LIMITS: ETC. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 10/20/00 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 10/20/00] 10/23/00 10 Answer with Affirmative Defenses by STRICK CORPORATION to CounterClaims, Certificate of Service. (fp) [Entry date 10/23/00] 11/21/00 11 Rule 16 Memorandum by PLAINTIFF STRICK CORPORATION, Certificate of Service. (fp) [Entry date 11/21/00] 11/22/00 12 MOTION by DEFENDANT JAMES B. STRICKLAND JR. TO STAY DISCOVERY, CERTIFICATE OF SERVICE. (fp) [Entry date 11/22/00] 11/22/00 13 SCHEDULING ORDER THAT MOTIONS TO JOIN OTHER PARTIES OR TO AMEND THE PLEADINGS SHALL BE FILED BY 3/31/00; DISCOVERY SHALL BE COMPLETED BY 4/30/01; ALL DISCOVERY MOTIONS SHALL BE FILED BEFORE THE CLOSE OF DISCOVERY, THE PARTIES SHALL EXCHANGE EXPERTS' REPORTS BY MARCH 30, 2001, THE PARTIES SHALL EXCHANGE REBUTTAL EXPERTS' REPORTS BY MARCH 16, 2001, THE PARTIES SHALL FILE DISPOSITIVE MOTIONS BY MAY 30, 2001, THE PARTIES SHALL FILE THEIR PRETRIAL MEMORANDA PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 16(c); PROPOSED VOIR DIRE QUESTIONS, JURY INSTRUCTIONS, SPECIAL INTERROGATORIES, VERDICT FORMS, AND ANY MOTIONS IN LIMINE (WITH A COPY OF EACH ALSO DELIVERED TO CHAMBERS) BY 7/30/01; THE PARTIES WILL EXCHANGE EXHIBITS ON OR BEFORE AUGUST 7, 2001; AND IT IS FURTHER ORDERED THAT A FINAL PRETRIAL CONFERENCE IS SCHEDULED FOR THURSDAY, 8/30/01 AT 10:00 A.M.; AND THIS CASE WILL BE PLACED IN THE COURT'S TRIAL POOL ON FRIDAY, 9/7/01; ONCE PLACED IN THE TRIAL POOL, A CASE MAY BE CALLED TO TRIAL UPON 24 HOURS NOTICE TO COUNSEL. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 11/22/00 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 11/22/00] 11/22/00 15 MOTION by DEFENDANT JAMES B. STRICKLAND JR. FOR SUMMARY JUDGMENT AND TO EXCLUDE, STATEMENT, DECLARATION, CERTIFICATE OF SERVICE. (fp) [Entry date 11/29/00] 11/29/00 14 MOTION by PLAINTIFF STRICK CORPORATION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, MEMORANDUM, DECLARATION,CERTIFICATE OF SERVICE. (fp) [Entry date 11/29/00] 11/29/00 16 ORDER THAT PLAINTIFF'S MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. ACCORDINGLY, PLAINTIFF SHALL HAVE UNTIL JANUARY 8, 2001 TO RESPOND TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 11/29/00 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 11/29/00] 11/29/00 17 ORDER THAT DEFENDANT SHALL RESPOND TO PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF THE COURT ON OR BEFORE 12/14/00. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 11/29/00 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 11/29/00] 12/1/00 18 RENEWED MOTION by DEFENDANT JAMES B. STRICKLAND JR. TO STAY DISCOVERY, CERTIFICATE OF SERVICE. (fp) [Entry date 12/01/00] 12/1/00 19 ORDER THAT DEFENDANT'S UNOPPOSED MOTION TO STAY DISCOVERY IS GRANTED. ACCORDINGLY, DISCOVERY IN THIS MATTER IS STAYED PENDING DISPOSITION OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO EXCLUDE. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 12/1/00 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 12/01/00] 12/4/00 20 MOTION BY PLAINTIFF STRICK CORPORATION WITH MEMORANDUM IN SUPPORT TO DISMISS COUNTS, CERTIFICATE OF SERVICE. (dt) [Entry date 12/04/00] 12/7/00 21 Response by DEFENDANT JAMES B. STRICKLAND JR. to PLAINTIFF'S MOTION TO DISMISS COUNTS, Certificate of Service. (fp) [Entry date 12/07/00] 12/7/00 22 Response by DEFENDANT JAMES B. STRICKLAND JR. to PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF COURT, Certificate of Service. (fp) [Entry date 12/07/00] 12/7/00 23 Reply by PLAINTIFF STRICK CORPORATION to DEFENDANT'S Answer to PLAINTIFF'S MOTION TO DISMISS COUNTS AND MOTION AND MEMORANDUM TO DISMISS DEFAMATION CLAIM PURSUANT TO F.R.C.P. 12(c), Certificate of Service. (np) [Entry date 12/08/00] 12/8/00 24 Reply by PLAINTIFF STRICK CORPORATION to DEFENDANT'S Response to PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF COURT and Request for Sanctions, Certificate of Service. (fp) [Entry date 12/11/00] 12/8/00 25 Declaration of MICHAEL F. SNYDER, Esq. in Support of PLAINTIFF'S Reply to DEFENDANT'S Response to PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF THE COURT. (fp) [Entry date 12/11/00] 12/8/00 26 Declaration of DAVID M. GRAVES. (fp) [Entry date 12/11/00] 12/13/00 27 MOTION by PLAINTIFF STRICK CORPORATION TO SUBSTITUTE DECLARATION OF MICHAEL F. SNYDER, ESQ. IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE IN REGISTRY OF THE COURT AND REQUEST FOR SANCTIONS, CERTIFICATE OF SERVICE. (Declaration Attached) (fp) [Entry date 12/13/00] 12/18/00 28 Reply by DEFENDANT JAMES B. STRICKLAND JR. to STRICK CORPORATION'S MOTION TO DISMISS DEFAMATION CLAIM, Certificate of Service. (fp) [Entry date 12/19/00] 12/18/00 29 DEFENDANT JAMES B. STRICKLAND JR. Opposition to Request for Sanctions, Certificate of Service. (fp) [Entry date 12/19/00] 1/8/01 30 Declaration by MICHAEL F. SNYDER, ESQ., Attorney for PLAINTIFF STRICK CORPORATION, in Support of PLAINTIFF'S Opposition to DEFENDANT'S MOTION FOR SUMMARY JUDGMENT ON DEFENDANT'S ANTI-CYBERSQUATTING DECLARATORY JUDGMENT CLAIM. (fp) [Entry date 01/09/01] 1/8/01 31 Memorandum of Law by PLAINTIFF STRICK CORPORATION in Opposition to DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Under the Anti-Cybersquatting Consumer Protection Act. (fp) [Entry date 01/09/01] 1/8/01 32 PLAINTIFF STRICK CORPORATION'S Opposition to DEFENDANT'S MOTION FOR SUMMARY JUDGMENT Under the Anti-Cybersquatting Consumer Protection Act, Certificate of Service. (fp) [Entry date 01/09/01] 1/8/01 33 Declaration of JOHN R. BADEY in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. (fp) [Entry date 01/09/01] 1/8/01 34 Declaration of JOSEPH PUCHINO in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. (fp) [Entry date 01/09/01] 1/8/01 35 Declaration of GEORGE A. SCHMIDT in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMAGY JUDGMENT. (fp) [Entry date 01/09/01] 1/8/01 36 MOTION by PLAINTIFF STRICK CORPORATION IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT AND TO EXCLUDE DOCUMENTS AND IN SUPPORT OF PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT, CERTIFICATE OF SERVICE. (fp) [Entry date 01/09/01] 1/8/01 37 Memorandum of Law by PLAINTIFF STRICK CORPORATION in Opposition to DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. (fp) [Entry date 01/09/01] 1/8/01 38 Declaration MICHAEL F. SNYDER, ESQ., Attorney for PLAINTIFF STRICK CORPORATION in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. (fp) [Entry date 01/09/01] 1/24/01 39 MOTION by DEFENDANT JAMES B. STRICKLAND JR. FOR EXTENSION OF TIME, CERTIFICATE OF SERVICE. (fp) [Entry date 01/24/01] 1/26/01 40 ORDER THAT THE UNOPPOSED MOTION OF DEFENDANT JAMES B. STRIKLAND TO EXTEND TO 2/2/01 THE DUE DATE FOR RESPONSE TO PLAINTIFF STICK CORPORATION'S PAPERS FILED ON 1/8/01 IS GRANTED. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 1/26/01 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 01/26/01] 2/2/01 41 Response by DEFENDANT JAMES B. STRICKLAND JR. in opposition to PLFF'S CROSS-MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (mld) [Entry date 02/06/01] 2/7/01 42 Memorandum of Law by PLAINTIFF STRICK CORPORATION in Response to PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT, Certificate of Service. (fp) [Entry date 02/07/01] 2/7/01 43 Response Declaration of MICHAEL F. SNYDER, ESQ. in Support of PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT. (fp) [Entry date 02/07/01] 2/7/01 44 ORDER THAT PLAINTIFF'S MOTION TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF THE COURT IS DENIED AS MOOT. IT IS FURTHER ORDERED, UPON CONSIDERATION OF PLAINTIFF'S MOTION FOR SANCTIONS IS DENIED. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 2/7/01 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 02/07/01] 2/8/01 45 ORDER THAT PLAINTIFF'S MOTION TO SUBSTITUTE DECLARATION OF MICHAEL F. SNYDER, ESQ. IS GRANTED. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 2/8/01 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 02/08/01] 2/8/01 46 ORDER THAT THE ORDER DATED 2/7/01 IS WITHDRAWN, AND THE FOLLOWING ORDER SHALL BE ENTERED ON THE DOCKET. THE PLAINTIFF'S MOTIONS TO DEPOSIT REGISTRAR CERTIFICATE INTO REGISTRY OF THE COURT IS DENIED AS MOOT. IT IS FURTHER ORDERED THAT PLAINTIFF'S MOTION FOR SANCTIONS IS DENIED. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 2/9/01 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 02/09/01] 6/26/01 47 ORDER THAT PLAINTIFF'S MOTION TO DISMISS COUNTS IS GRANTED, AND THE FOLLOWING COUNTS ARE DISMISSED WITH PREJUDICE: COUNT I, COUNT III, COUNT IV, COUNT V; COUNT VII AND COUNT VIII. DEFENDANT'S DECLARATORY JUDGMENT COUNTERCLAIMS CORRESPONDING TO PLAINTIFF'S DISMISSED COUNTS ARE DISMISSED AS MOOT, ETC. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 6/26/01 ENTERED AND COPIES MAILED AND FAXED. (jl) [Entry date 06/26/01] 6/28/01 48 Transcript for Hearing held on 6/22/01 at 2:30 p.m. (fp) [Entry date 06/28/01] 7/9/01 49 STIPULATION & ORDER THAT DEFENDANT JAMES B. STRICKLAND, REQUESTS AN EXTENSION UNTIL TUESDAY, JULY 10, 2001, FOR THE PARTIES' FLING OF THE SUPPLEMENTAL PAPERS REQUESTED BY THE COURT, AND AN EXTENSION UNITL WEDNESDAY, JULY 18, 2001, FOR THE FILING BY THE PARTIES OF REPLY PAPERS IF ANY. (SIGNED BY JUDGE BRUCE W. KAUFFMAN) 7/10/01 ENTERED AND COPIES MAILED AND FAXED. (fp) [Entry date 07/10/01] 7/11/01 50 DEFENDANT JAMES B. STRICKLAND JR.'S Brief Pursuant to Court Order of June 22, 2001, Certificate of Service. (fp) [Entry date 07/11/01] 7/11/01 51 DEFENDANT JAMES B. STRICKLAND JR.'S Statement of Facts dated July 10, 2001, Certificate of Service. (fp) [Entry date 07/11/01] 7/11/01 52 Declaration of CARL OPPEDAHL. (fp) [Entry date 07/11/01] 7/11/01 53 Declaration of DUSTY L. MOSNESS. (fp) [Entry date 07/11/01] 7/11/01 54 Post-Oral Argument Submission Stipulated and Non-Stipulated Facts and Conclusions of Law by PLAINTIFF STRICK CORPORATION, Certificate of Service. (fp) [Entry date 07/12/01] 7/19/01 55 DEFENDANT JAMES B. STRICKLAND JR.'S Reply to Paper No. 54, Certificate of Service. (fp) [Entry date 07/19/01] 7/19/01 56 Response by PLAINTIFF STRICK CORPORATION to JAMES STRICKLAND'S Brief Pursuant to Court ORDER of June 22, 2001, Certificate of Service. (fp) [Entry date 07/20/01] 8/9/01 57 Response by DEFENDANT JAMES B. STRICKLAND JR. to the U.S. PATENT AND TRADEMARKS' granting of a federal trademark registration on the Principal Register to Mr. SHELLY W. STRICKLAND III for the trademark "STRICK", Certificate of Service. (rav) [Entry date 08/09/01] 8/28/01 58 MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED; PLAINTIFF'S CROSS-MOTION FOR SUMMARY JUDGMENT IS DENIED; JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF AS TO ALL COUNTS IN PLAINTIFF'S AMENDED COMPLAINT; DEFENDANT'S REMAINING COUNTERCLAIMS ARE DISMISSED WITHOUT PREJUDICE. ( SIGNED BY JUDGE BRUCE W. KAUFFMAN ) 8/29/01 ENTERED AND COPIES MAILED AND FAXED. (fdc) [Entry date 08/29/01] 8/28/01 -- Case closed (kv) [Entry date 08/29/01] END OF DOCKET: 2:00cv3343