3:20-cv-00063 - Discovery Schools Inc v. Radio ID Equipment Inc Doing Business AS Carriderpro

Detail

Case Number

3:20-cv-00063

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

N/A

Court

Kentucky Eastern District Court

Plaintiff(s)

Discovery Schools Inc

Operating Company

Defendant(s)

Radio ID Equipment Inc Doing Business AS Carriderpro

Judge

Gregory F. VanTatenhove

Filing Date

2020-08-26

Termination Date

2022-08-22

Not a member? Sign up for free!
Dockets
Text
CIVIL DOCKET
Final Civil Docket 08-22-2022
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F Van Tatenhove for review: 24 Report of Rule 26(f) Planning Meeting, 25 Answer to Complaint, Counterclaim, 1 Complaint, (JJ) (Entered: 02/02/2021)
***FILE SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: 48 Stipulation of Dismissal Joint and Voluntary (JJ) (Entered: 08/18/2022)
***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 14 Proposed Agreed Order For Extension Of Time To Respond To Complaint (SCD) (Entered: 10/21/2020)
***Lift Stay (JJ) (Entered: 08/22/2022)
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 16 JOINT MOTION to Continue by Discovery Schools, Inc. Deadlines for Rule 26 Conference and Joint Status Report (JJ) (Entered: 11/03/2020)
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 18 Proposed Agreed Order For Extension Of Time To Respond To Complaint by Radio ID Equipment Inc. (JJ) (Entered: 11/23/2020)
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 20 Proposed Agreed Order For Extension Of Time To Respond To Complaint by Radio ID Equipment Inc. (JJ) (Entered: 12/29/2020)
***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 22 JOINT MOTION to Continue Deadlines for Rule 26 Conference and Joint Status Report by Discovery Schools, Inc. (JJ) (Entered: 01/12/2021)
***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re 6 FIRST MOTION for Alexander Brown to Appear Pro Hac Vice, and, 8 FIRST MOTION for Robert Kain to Appear Pro Hac Vice by Discovery Schools, Inc. (SCD) (Entered: 08/28/2020)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re 27 Proposed Agreed Order for Extension of Time to Respond to Counterclaim by Discovery Schools, Inc. (JJ) (Entered: 02/23/2021)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re 29 MOTION to Strike 25 Answer to Complaint, Counterclaim by Discovery Schools, Inc. and to Dismiss Counterclaims MOTION to Dismiss (JJ) (Entered: 04/14/2021)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re 32 MOTION for Order For Convening Status Conference by Radio ID Equipment Inc. (JJ) (Entered: 04/29/2021)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re 35 Proposed Agreed Order for Extension of Time to Respond to Discovery by Discovery Schools, Inc. (JJ) (Entered: 04/21/2021)
***MOTION SUBMITTED TO CHAMBERS of Magistrate Judge Edward B. Atkins for review: re 41 FIRST MOTION for Scott D. Smiley to Appear Pro Hac Vice by Discovery Schools, Inc. ( Filing fee $125; receipt number 0643-4965407) (JJ) (Entered: 05/06/2021)
BAR STATUS Check completed as to Alexander D. Brown re 6 FIRST MOTION for Alexander Brown to Appear Pro Hac Vice by Discovery Schools, Inc. (SCD) (Entered: 08/28/2020)
BAR STATUS Check completed as to Robert C. Kain, Jr re 8 FIRST MOTION for Robert Kain to Appear Pro Hac Vice by Discovery Schools, Inc. (SCD) (Entered: 08/28/2020)
BAR STATUS Check completed as to Scott D. Smiley re 41 FIRST MOTION for Scott D. Smiley to Appear Pro Hac Vice by Discovery Schools, Inc. . (JJ) (Entered: 05/06/2021)
NOTICE OF DOCKET MODIFICATION TO Alexander Brown re 29 MOTION to Strike 25 Answer to Complaint, Counterclaim by Discovery Schools, Inc. and to Dismiss Counterclaims MOTION to Dismiss; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge`s motion report. No further action required by counsel. cc: COR (JJ) (Entered: 03/08/2021)
Conflict Check run. (CBD) (Entered: 08/26/2020)
COMPLAINT ( Filing fee $400; receipt number 0643-4758816), filed by Discovery Schools, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - U.S. Patent No. 9,129,239, # 3 Exhibit B - Patent Assignment, # 4 Exhibit C - Secretary of State page, # 5 Exhibit D - Video excerpts, # 6 Summons)(CBD) (Entered: 08/26/2020)
FIRST MOTION for Alexander Brown to Appear Pro Hac Vice by Discovery Schools, Inc. ( Filing fee $125; receipt number 0643-4760193) (Attachments: # 1 Affidavit Brown affidavit, # 2 Exhibit Florida Bar record, # 3 Proposed Order)(Graves, Trevor) (Entered: 08/27/2020)
NOTICE TO ATTORNEY Alexander Brown by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: # 1 ECF Registration Form, # 2 Attorney Admission Packet, # 3 PHV Info, # 4 Data Form)(CBD) (Entered: 08/27/2020)
FIRST MOTION for Robert Kain to Appear Pro Hac Vice by Discovery Schools, Inc. ( Filing fee $125; receipt number 0643-4760210) (Attachments: # 1 Affidavit Kain affidavit, # 2 Exhibit Florida Bar records, # 3 Proposed Order)(Graves, Trevor) (Entered: 08/27/2020)
JOINT MOTION to Continue by Discovery Schools, Inc. Deadlines for Rule 26 Conference and Joint Status Report (Attachments: # 1 Proposed Order)(Brown, Alexander) (Entered: 11/02/2020)
JOINT MOTION to Continue Deadlines for Rule 26 Conference and Joint Status Report by Discovery Schools, Inc. (Attachments: # 1 Proposed Order Proposed Agreed Order on Second Joint Motion to Continue Rule 26 Conference Deadline)(Brown, Alexander) Modified text on 1/12/2021 (JJ). (Entered: 01/11/2021)
MOTION to Strike 25 Answer to Complaint, Counterclaim by Discovery Schools, Inc. and to Dismiss Counterclaims Motions referred to Edward B. Atkins. (Attachments: # 1 Proposed Order)(Brown, Alexander). Added MOTION to Dismiss on 3/8/2021 (JJ). (Entered: 03/05/2021)
MOTION for Order For Convening Status Conference by Radio ID Equipment Inc. Motions referred to Edward B. Atkins. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - MPEP 2201, # 3 Exhibit 2 - MPEP 2216, # 4 Exhibit 3 - USPTO reexamination statistics, # 5 Exhibit 4 - MPEP 2286, # 6 Proposed Order)(Duncan, Kevin) Modified text on 4/9/2021 (JJ). (Entered: 04/09/2021)
FIRST MOTION for Scott D. Smiley to Appear Pro Hac Vice by Discovery Schools, Inc. ( Filing fee $125; receipt number 0643-4965407)Motions referred to Edward B. Atkins. (Attachments: # 1 Affidavit Affidavit of Scott Smiley, # 2 Attachment Certificate of Good Standing, # 3 Proposed Order Proposed Order)(Graves, Trevor) (Entered: 05/06/2021)
REPORT on the filing or determination of an action regarding re 1 Complaint, cc: form e-mailed to Register. (CBD) (Entered: 08/26/2020)
FIRST FRCP 7.1 DISCLOSURE STATEMENT by Discovery Schools, Inc.. (Graves, Trevor) (Entered: 08/26/2020)
Summons Issued as to Radio ID Equipment Inc.; Summons issued and returned to counsel electronically (CBD) (Entered: 08/26/2020)
ORDER: 1. The Plaintiff`s Motions for Admission Pro Hac Vice [R. 6 ; R. 8 ] are GRANTED; 2. Alexander D. Brown is admitted pro hac vice as counsel for Plaintiff Discovery Schools, Inc. in the above styled action; and 3. Robert C. Kain, Jr. is admitted pro hac vice as counsel for Plaintiff Discovery Schools, Inc. in the above styled action. Signed by Judge Gregory F. VanTatenhove on 8/31/2020. (JJ)cc: COR, Alexander Brown & Robert Kain w/ ECF Registration Forms by US Mail Modified text on 8/31/2020 (JJ). (Entered: 08/31/2020)
NOTICE of Appearance by Kevin Todd Duncan on behalf of Radio ID Equipment Inc. (Duncan, Kevin) (Entered: 09/24/2020)
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Kevin Duncan. 10 Notice of Appearance has been filed by Radio ID Equipment Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (CBD) (Entered: 09/24/2020)
AFFIDAVIT of Service for Complaint and Summons served on Keith Chevalier on 10/01/2020, filed by Discovery Schools, Inc.. (Brown, Alexander) (Entered: 10/02/2020)
FRCP 7.1 DISCLOSURE STATEMENT by Radio ID Equipment Inc.. (Duncan, Kevin) (Entered: 10/05/2020)
Proposed Agreed Order For Extension Of Time To Respond To Complaint by Radio ID Equipment Inc., Discovery Schools, Inc.. (Duncan, Kevin) Modified on 10/21/2020 (SCD). (Entered: 10/20/2020)
AGREED ORDER: It is hereby ordered that the 14 Proposed Agreed Order is GRANTED. Dft shall respond to Plaintiff`s Complaint on or before 11/23/2020. Signed by Judge Gregory F. VanTatenhove on 10/21/2020.(SCD)cc: COR (Entered: 10/21/2020)
ORDER : It is hereby ORDERED that parties` [R. 16 Joint Motion to Continue Deadlines for Rule 26 Conference is GRANTED. Parties shall have up to and including 1/11/2021, to conduct their initial Rule 26 meeting and to submit their joint status report. Signed by Judge Gregory F. VanTatenhove on 11/4/2020.(JJ)cc: COR (Entered: 11/05/2020)
Proposed Agreed Order For Extension Of Time To Respond To Complaint by Radio ID Equipment Inc.. (Duncan, Kevin) (Entered: 11/22/2020)
ORDER: It is hereby ORDERED that the parties` Proposed Agreed Order is GRANTED. Defendant shall respond to Plaintiff`s Complaint on or before 1/1/2021. Signed by Judge Gregory F. Van Tatenhove on 11/23/2020.(JJ)cc: COR (Entered: 11/24/2020)
Proposed Agreed Order For Extension Of Time To Respond To Complaint by Radio ID Equipment Inc.. (Duncan, Kevin) (Entered: 12/28/2020)
AGREED ORDER: It is hereby ORDERED that the parties` Proposed Agreed Order is GRANTED. Defendant shall respond to Plaintiff`s Complaint on or before 2/1/2021. Signed by Judge Gregory F. Van Tatenhove on 12/29/2020.(JJ)cc: COR (Entered: 12/29/2020)
ORDER: It is hereby ORDERED that parties` Joint Motion to Continue Deadlines for Rule 26 Conference [R. 22 ] is GRANTED. Parties shall have up to and including 2/1/2021, to conduct their initial Rule 26 meeting and to submit their joint status report. Signed by Judge Gregory F. Van Tatenhove on 1/12/2021.(JJ)cc: COR (Entered: 01/19/2021)
JOINT REPORT of Rule 26(f) Planning Meeting. (Brown, Alexander) (Entered: 02/01/2021)
ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM For Declaratory Judgment against Discovery Schools, Inc. by Radio ID Equipment Inc..(Duncan, Kevin) (Entered: 02/01/2021)
SCHEDULING ORDER: Parties initial disclosures exchanged by 2/16/2021. Discovery due by 1/11/2022. Amended Pleadings and Motions to Join Additional Parties due by 3/2/2021. Dispositive Motions, motions in limine and/or Daubert due by 3/29/2022. Pretrial Filings due by 5/13/2022. FINAL PRETRIAL CONFERENCE set for 5/24/2022 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Expert Witness List due by 11/30/2021. JURY TRIAL set for 6/6/2022 at 10:00 AM in FRANKFORT before Judge Gregory F. Van Tatenhove. Requests to modify any dates or deadlines established by this order shall be submitted upon motion filed prior to expiration of the deadline in question, and upon showing of good cause beyond the control of counsel in the exercise of due diligence. This matter is referred to Magistrate Judge Edward B. Atkins for the purposes of discovery and pretrial proceedings. Signed by Judge Gregory F. Van Tatenhove on 2/2/2021.(JJ)cc: COR, Frankfort (Entered: 02/02/2021)
Proposed Agreed Order for Extension of Time to Respond to 25 Counterclaim by Discovery Schools, Inc.. (Brown, Alexander) Modified link on 2/23/2021 (JJ). (Entered: 02/22/2021)
ORDER: By agreement of parties, Plaintiff/Counterclaim-Defendant, DiscoverySchools, Inc., shall have up to and including March 5, 2021 to respond to Defendant/Counterclaim-Plaintiffs Counterclaim. Signed by Magistrate Judge Edward B. Atkins on 2/23/2021. (JJ)cc: COR (Entered: 02/24/2021)
AMENDED ANSWER to 1 Complaint, with Jury Demand , AMENDED COUNTERCLAIM against Discovery Schools, Inc. by Radio ID Equipment Inc..(Duncan, Kevin) (Entered: 03/26/2021)
RESPONSE in Opposition re 29 MOTION to Strike 25 Answer to Complaint, Counterclaim by Discovery Schools, Inc. and to Dismiss Counterclaims MOTION to Dismiss filed by Radio ID Equipment Inc.. (Duncan, Kevin) (Entered: 03/26/2021)
ANSWER to 30 Answer to Complaint, Counterclaim Response to Affirmative Defenses and Answer to First Amended Counterclaim by Discovery Schools, Inc..(Brown, Alexander) (Entered: 04/09/2021)
RESPONSE in Opposition re 32 MOTION for Order For Convening Status Conference by Radio ID Equipment Inc. filed by Discovery Schools, Inc.. (Brown, Alexander) (Entered: 04/14/2021)
Proposed Agreed Order for Extension of Time to Respond to Discovery by Discovery Schools, Inc.. (Brown, Alexander) (Entered: 04/21/2021)
AGREED ORDER: By agreement of parties, Plaintiff, Discovery Schools, Inc., shall have up to and including 5/6/2021 to respond to Defendant`s First Set of Interrogatories and First Request for Production. Signed by Magistrate Judge Edward B. Atkins on 4/27/2021. (JJ)cc: COR (Entered: 04/27/2021)
REPLY to Response to Motion re 32 MOTION for Order For Convening Status Conference by Radio ID Equipment Inc. filed by Radio ID Equipment Inc.. (Duncan, Kevin) (Entered: 04/28/2021)
Proposed Agreed Order for Extension of Time to Respond to Discovery by Discovery Schools, Inc.. (Brown, Alexander) (Entered: 04/30/2021)
ORDER: 1. Defendant`s request for a status conference [R. 32 ] is GRANTED. 2. TELEPHONE CONFERENCE set for 5/7/2021 at 02:00 PM in LEXINGTON before Judge Gregory F. Van Tatenhove; and 3. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing and enter Access Code (followed by #), and, when requested, enter the Security Code (followed by #). Signed by Judge Gregory F. Van Tatenhove on 4/30/2021.(JJ)cc: COR,Lex D (Entered: 04/30/2021)
AGREED ORDER: By agreement of parties, Plaintiff, Discovery Schools, Inc., shall have up to and including May 13, 2021 to respond to Defendant`s First Set of Interrogatories and First Request for Production. Signed by Magistrate Judge Edward B. Atkins on 5/4/2021. (JJ)cc: COR (Entered: 05/04/2021)
ORDER: 1. TELEPHONE CONFERENCE set for 5/7/2021 at 02:00 PM in FRANKFORT before Judge Gregory F. Van Tatenhove; and 2. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing and enter Access Code (followed by #), and, when requested, enter the Security Code (followed by #). Signed by Judge Gregory F. Van Tatenhove on 5/6/2021.(JJ)cc: COR,Frankfort (Entered: 05/06/2021)
ORDER: It is hereby ORDERED that this motion [R. 41 ] is GRANTED. Accordingly, Mr. Smiley shall be admitted pro hac vice by Discovery Schools, Inc. Signed by Magistrate Judge Edward B. Atkins on 5/7/2021. (JJ)cc: COR, Scott D. Smiley w/ECF Registration Form (Entered: 05/07/2021)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/7/2021 before Judge Gregory F. Van Tatenhove: The Court ORDERS this matter be TAKEN UNDER ADVISEMENT. An order outlining the Court`s specific rulings are forthcoming. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Linda Mullen.) (JJ)cc: COR (Entered: 05/10/2021)
ORDER: 1. Parties shall continue negotiations and the drafting of a discovery protective order; 2. Parties shall respond to any outstanding interrogatories in accordance with the Court`s scheduling order [R. 26 ]; 3. Defendant`s request for a temporary stay is GRANTED; 4. Other than the limited discovery ordered to continue above, this matter is STAYED for a period of ninety (90) days following the entrance of this Order; 5. TELEPHONE CONFERENCE set for 7/12/2021 at 1:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. 6. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing and enter Access Code (followed by #), and, when requested, enter the Security Code (followed by #). Signed by Judge Gregory F. Van Tatenhove on 5/10/2021.(JJ)cc: COR,Frankfort (Entered: 05/10/2021)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/12/2021 before Judge Gregory F. Van Tatenhove: 1. In light of the patent office`s determinations, parties agree this matter should continue to be held in abeyance. Therefore, this matter shall continue to be STAYED for an additional twelve months. In accordance with the request to stay, Plaintiffs Motion to Strike Affirmative Defenses and to Dismiss Counter Claim, R. 29 , is DENIED WITHOUT PREJUDICE. Likewise, all pending deadlines and/or hearings are hereby CANCELLED, pending further order of the Court. 2. TELEPHONIC STATUS CONFERENCE is SCHEDULED for 7/19/2022 at 02:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. To join the teleconference, the partiesare DIRECTED to call AT&T Teleconferencing and enter Access Code (followed by#), and, when requested, enter the Security Code (followed by#). Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR,Fkt (Entered: 07/12/2021)
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 7/19/2022 before Judge Gregory F. Van Tatenhove: Court hereby ORDERS as follows that Pltf shall file brief addressing their objections to the Court dismissing this case without prejudice within 30 days. Response and reply time shall be consistent with the joint local rules. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR (Entered: 07/20/2022)
STIPULATION of Dismissal Joint and Voluntary by Discovery Schools, Inc.. (Graves, Trevor) (Entered: 08/18/2022)
ORDER: It is hereby ORDERED that Parties` Stipulation [R. 48 ] is GRANTED and this matter is STRICKEN from the Record. Signed by Judge Gregory F. Van Tatenhove on 8/19/2022.(JJ)cc: COR (Entered: 08/22/2022)
Timeline
filed_date
closed_date
Aug
Sep
Oct
Nov
Dec
2021
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2022
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
2023
Feb
Mar
Apr
May
Jun
Jul
Patents In Case

Not a member? Sign up for free!