2:19-cv-01192 - Tube-mac Industries Inc et al. v. Steve Campbell et al.

Detail

Case Number

2:19-cv-01192

Current Status

closed

Cause of Action

Correction of Inventorship

Related Case(s)

N/A

Court

Pennsylvania Western District Court

Plaintiff(s)

Tube-mac Industries Inc

Dan Hewson

Gary Mackay

Defendant(s)

Steve Campbell

Tranzgaz Inc

Judge

Robert J. Colville

Filing Date

2019-09-17

Termination Date

2020-04-20

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
Judge J. Nicholas Ranjan added. (mao) (Entered: 09/17/2019)
Magistrate Judge Cynthia Reed Eddy no longer assigned to case. (mao) (Entered: 09/17/2019)
COMPLAINT against STEVE CAMPBELL, TRANSGAZ, INC. (Filing fee, including Administrative fee, $400, receipt number 315-5286373), filed by TUBE-MAC INDUSTRIES, INC., DAN HEWSON, GARY MACKAY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet) (sdp) (Entered: 09/17/2019)
PATENT/TRADEMARK DOCUMENTS ISSUED. (Attachments: # 1 Complaint) (sdp) (Entered: 10/03/2019)
AFFIDAVIT by STEVE CAMPBELL. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Envelope) (sdp) (Entered: 10/23/2019)
CASE MANAGEMENT ORDER: Initial Case Management Conference set for 1/23/2020 at 10:00 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Exchange of required Rule 26(a)(1) information due by 1/17/2020; Rule 26 Meeting Report (attached as Exhibit 1) due by 1/17/2020; Stipulation Selecting ADR Process due by 1/17/2020. Signed by Judge J. Nicholas Ranjan on 10/31/2019. (Attachments: # 1 Exhibit 1) (av) (Entered: 10/31/2019)
AMENDED COMPLAINT FOR CORRECTION OF INVENTORSHIP against All Defendants All Defendants, filed by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Certificate of Service) (Alstadt, Lynn) (Entered: 11/06/2019)
Joint MOTION Reschedule Initial Case Management Conference re 10 Case Management Order,, Set Hearings, by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Proposed Order) (Alstadt, Lynn) (Entered: 11/08/2019)
MOTION to Dismiss for Want of Jurisdiction and Standing by STEVE CAMPBELL. (Attachments: # 1 Envelope) (sdp) (Entered: 11/12/2019)
MOTION for Properly Spelling Tranzgaz, Inc. by STEVE CAMPBELL. (Attachments: # 1 Envelope) (sdp) (Entered: 11/12/2019)
MOTION to Suppress Affidavit of Darrell Hawkins by STEVE CAMPBELL. (Attachments: # 1 Envelope) (sdp) (Entered: 11/12/2019)
MOTION #1A Addendum for Dismissal for want of jurisdiction and standing by STEVE CAMPBELL, TRANZGAZ, INC.. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Additional attachment(s) added on 11/27/2019: # 3 Exhibit) (sdp) (Entered: 11/27/2019)
MOTION to Dismiss for dismissal for exceeding statute of limitations by STEVE CAMPBELL, TRANZGAZ, INC.. (Attachments: # 1 Exhibit, # 2 Envelope) (sdp) (Entered: 12/04/2019)
AMENDED CASE MANAGEMENT ORDER: Initial Case Management Conference set for 1/22/2020 at 02:00 PM in Courtroom 6C before Judge J. Nicholas Ranjan. Exchange of required Rule 26(a)(1) information due by 1/17/2020; Rule 26 Meeting Report (Attached as Exhibit 1) due by 1/17/2020; Stipulation Selecting ADR Process due by 1/17/2020. Signed by Judge J. Nicholas Ranjan on 12/5/2019. (Attachments: # 1 Exhibit 1) (av) (Entered: 12/05/2019)
Proposed MOTION to Dismiss by STEVE CAMPBELL. (Attachments: # 1 Affidavit Desmond McGrath) (Campbell, Steven) (Entered: 01/16/2020)
REQUEST by TUBE-MAC INDUSTRIES, INC. for entry of DEFAULT against TRANZGAZ, INC.. (Attachments: # 1 Affidavit) (Alstadt, Lynn) (Entered: 01/22/2020)
REQUEST by TUBE-MAC INDUSTRIES, INC. for entry of DEFAULT against STEVE CAMPBELL. (Attachments: # 1 Affidavit) (Alstadt, Lynn) (Entered: 01/22/2020)
REPLY to Defendants Response (ECF 36) filed by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Exhibit Transcript of December 4 Case Management Conference) (Alstadt, Lynn) (Entered: 01/23/2020)
Consent MOTION for Protective Order by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Proposed Order Protective Order) (Alstadt, Lynn) (Entered: 01/28/2020)
BRIEF in Opposition re 30 Motion to Dismiss Tranzgaz Inc. filed by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Exhibit A - Transcript of 12-4-19 case management conference, # 2 Exhibit B - Transcript of 1-22-20 case management conference) (Alstadt, Lynn) (Entered: 02/06/2020)
Defendants ANSWER to 11 Amended Complaint, by STEVE CAMPBELL. (Attachments: # 1 Exhibit Report to Congress Sept 2017, # 2 Exhibit Nov 30, 2018 Alstadt Letter, # 3 Exhibit Dec 5, 2019 Excerpt of Settlement Conference, # 4 Exhibit Nov 16 email of N Smith, # 5 Exhibit June 14, 2019 Alstadt Letter, # 6 Exhibit Nov 21 email of N Smith, # 7 Exhibit Nov 11 email of N Smith, # 8 Exhibit Nov 15 Licensing Agreement, # 9 Exhibit Nov 15 Recorded Minutes, # 10 Exhibit Nov 15 Minutes of Meeting) (Campbell, Steven) (Entered: 02/17/2020)
Errata re Motion to Dismiss, 49 Answer to Amended Complaint,, correction submission by STEVE CAMPBELL. Reason for Correction: Signature page of Shareholder meeting of Nov 15, 2011 missing from exhibit filed on Feb 17, 2020.. (Attachments: # 1 Exhibit correct document including signature page) (Campbell, Steven) (Entered: 02/20/2020)
Defendants ANSWER to 1 Complaint, and Amended Complaint by STEVE CAMPBELL. (Attachments: # 1 Exhibit Nov 11 Email N. Smith, # 2 Exhibit Nov 15 Meeting Minute Notes, # 3 Exhibit Nov 15 Minutes Typed, # 4 Exhibit Nov 15 Licensing Agreement, # 5 Exhibit Nov 16 Email N. Smith, # 6 Exhibit Nov 21 Email N. Smith, # 7 Exhibit Paid Invoices, # 8 Exhibit July 20 TOG Fabrication Report, # 9 Exhibit Pictures of Feb 10 Burst Test of Tank #1, # 10 Exhibit July 14 Picture of Tank #2 on Winding Machine, # 11 Exhibit July 17 Picture of Failed Test Tank #2, # 12 Exhibit July 17 Picture of SCampbell Inspecting Tank #2 after Failed Test, # 13 Exhibit Screen Capture showing original Dated of Tank #2 Pictures, # 14 Exhibit Jan 16, 2020 Affidavit of D. McGrath, # 15 Exhibit CAL TOG Drawing 2, # 16 Exhibit CAL TOG Drawing 3, # 17 Exhibit CAL TOG Drawing 5) (Campbell, Steven) (Entered: 03/03/2020)
BRIEF in Opposition re 55 Motion to Stay of ADR Proceedings filed by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Exhibit Letter from Mediator Scheduling Mediation) (Alstadt, Lynn) (Entered: 03/05/2020)
BRIEF in Opposition re Motion to Dismiss filed by TUBE-MAC INDUSTRIES, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Alstadt, Lynn) (Entered: 03/19/2020)
NOTIFICATION of Decision sent to Commissioner of Patents and Trademarks re 65 Order, Terminate Motions, Terminate Civil Case, (Attachments: # 1 order) (sdp) (Entered: 04/21/2020)
Summons Issued as to STEVE CAMPBELL, TRANSGAZ, INC. (sdp) (Entered: 09/17/2019)
Disclosure Statement identifying Tube-Mac Piping Technologies Ltd. as corporate parent or other affiliate, by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 09/17/2019)
NOTICE of Appearance by Ralph G. Fischer on behalf of DAN HEWSON, GARY MACKAY, TUBE-MAC INDUSTRIES, INC.. (Fischer, Ralph) (Entered: 09/18/2019)
NOTICE that instant civil action has been designated for placement into the United States District Courts Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (av) (Entered: 09/24/2019)
AFFIDAVIT of Service of Complaint, filed by TUBE-MAC INDUSTRIES, INC.., SUMMONS/Return of Service Returned Executed by TUBE-MAC INDUSTRIES, INC.. STEVE CAMPBELL served on 10/4/2019, answer due 10/25/2019. (Alstadt, Lynn) (Entered: 10/28/2019)
SUMMONS/Return of Service Returned Executed by TUBE-MAC INDUSTRIES, INC.. TRANSGAZ, INC. served on 10/4/2019, answer due 10/25/2019. (Alstadt, Lynn) (Entered: 10/28/2019)
STIPULATION selecting ADR process by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 11/25/2019)
REPORT of Rule 26(f) Planning Meeting. (Alstadt, Lynn) (Entered: 11/25/2019)
Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Initial Case Management Conference held on 12/4/2019. (Court Reporter: J. Kienzle) (av) (Entered: 12/05/2019)
ORDER re 25 Initial Case Management Conference held on 12/4/2019. Signed by Judge J. Nicholas Ranjan on 12/5/2019. (av) (Entered: 12/05/2019)
REPORT of Rule 26(f) Planning Meeting. (Alstadt, Lynn) (Entered: 01/17/2020)
STIPULATION selecting ADR process by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 01/17/2020)
Minute Entry for proceedings held before Judge J. Nicholas Ranjan: Initial Case Management Conference held on 1/22/2020. (Court Reporter: R. Ford) (av) (Entered: 01/22/2020)
RESPONSE to 33 Request for Default Judgment, 34 Request for Default Judgment, filed by STEVE CAMPBELL. (Campbell, Steven) (Entered: 01/22/2020)
CASE MANAGEMENT ORDER: Amended ADR Stipulation due by 1/29/2020; Exchange of required Rule 26(a)(1) information due by 2/8/2020; Amended Pleadings due by 2/8/2020; Discovery due by 4/1/2020; Expert Discovery to be completed by 6/1/2020; Post-Discovery Status Conference set for 4/2/2020 at 10:00 AM in Courtroom 6C before Judge J. Nicholas Ranjan. Signed by Judge J. Nicholas Ranjan on 1/23/2020. (av) (Entered: 01/23/2020)
RESPONSE to 38 Reply, filed by STEVE CAMPBELL. (Campbell, Steven) (Entered: 01/24/2020)
STIPULATION selecting ADR process by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 01/28/2020)
ORDER REFERRING CASE to Mediation. John W. McIlvaine III is appointed as mediator. Mediation to be completed by 4/9/2020. Signed by Judge J. Nicholas Ranjan on 1/30/2020. (av) (Entered: 01/30/2020)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on January 22, 2020 before Judge J. Nicholas Ranjan. Court Reporter Richard T. Ford, E-mail rtf6260@gmail.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerks office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 2/12/2020. Redaction Request due 2/26/2020. Redacted Transcript Deadline set for 3/9/2020. Release of Transcript Restriction set for 5/5/2020. (rtf) Modified text on 2/13/2020. (sdp) Modified text on 3/10/2020. (sdp) (Entered: 02/05/2020)
PROTECTIVE ORDER (granting 40 Motion for Protective Order). Signed by Judge Robert J. Colville on 2/13/20. (jg) (Entered: 02/13/2020)
ORDER indicating that, for the reasons more fully stated within, it is hereby ordered that: 1. "Defendants Motion #6 for Dismissal of Tranzgaz Inc. Due to the Lack of Connection to the Case 30 is denied, without prejudice. This Motion seeks relief on behalf of only Defendant Tranzgaz, Inc., which remains unrepresented by counsel in this matter; 2. With respect to Plaintiffs 1/22/20 Request for Entry of Default Pursuant to Fed. R. Civ. P. 55(a) against Transgaz, Inc. 33 the Clerk of Courts is hereby directed to enter default with respect to Defendant Transgaz, Inc.; 3. With respect to Plaintiffs 1/22/20 Request for Entry of Default Pursuant to Fed. R. Civ. P. 55(a) against Steve Campbell 34 , the Court finds that entry of default is not appropriate at this time; Mr. Campbell shall file a response to Plaintiffs Amended Complaint by 3/4/20. Mr. Campbell is advised that failure to comply with this Order may be grounds for the entry of default against him, should Plaintiffs so move; 4. The Court shall separately enter a Protective Order in this matter consistent with the parties Consent Motion for Entry of Protective Order 40 (Entered at 46 on 2/13/20). Signed by Judge Robert J. Colville on 2/13/20. (jg) (Entered: 02/13/2020)
CLERKS ENTRY OF DEFAULT as to TRANZGAZ, INC. (sdp) (Entered: 02/13/2020)
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jg) (Entered: 02/20/2020)
BRIEF in Opposition re Motion to Dismiss For Want of Jurisdiction and Lack of Consent in an Improper Forum filed by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 02/26/2020)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Telephone Status Conference held on December 4, 2019 before Judge J. Nicholas Ranjan. Court Reporter Juliann A. Kienzle, email - kienzle7@comcas.net. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerks office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 3/5/2020. Redaction Request due 3/19/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/27/2020. (jak) Modified text on 3/6/2020. (sdp) Modified text on 3/31/2020. (sdp) (Entered: 02/27/2020)
First MOTION to Stay of Proceedings by STEVE CAMPBELL. (Campbell, Steven) (Entered: 03/04/2020)
RESPONSE of Defendant to 56 Brief in Opposition to Motion, filed by STEVE CAMPBELL. (Campbell, Steven) (Entered: 03/09/2020)
ORDER indicating that it is ordered that: (1) In light of Defendant Campbells assertion that this Court lacks personal jurisdiction over Campbell in this matter, all upcoming deadlines and proceedings scheduled by previous Court Order in this action are hereby terminated/cancelled. This includes the 4/9/20 deadline for Alternative Dispute Resolution set by the Courts 1/30/20 Order Referring Case to ADR 40 , as well as the discovery deadlines and scheduled status conference set forth in the Courts 1/23/20 Case Management Order 37 . These deadlines will be rescheduled by Court Order, if appropriate; (2) The Court hereby directs the parties to submit additional briefing with respect to only the issue of personal jurisdiction by 3/19/20 (details more fully stated in said Order). Signed by Judge Robert J. Colville on 3/12/20. (jg) (Entered: 03/12/2020)
REPLY BRIEF re 58 Order Cancelling Deadline,,,, Terminate Deadlines,,,, Terminate Deadlines and Hearings,,,, Terminate Hearings,,,, Set Deadlines,,, filed by STEVE CAMPBELL. (Campbell, Steven) (Entered: 03/19/2020)
REPLY to Response to Motion re 60 Brief in Opposition to Motion filed by STEVE CAMPBELL. (Campbell, Steven) (Entered: 03/23/2020)
BRIEF in Opposition re Motion to Dismiss response filed by Steven Campbell filed by TUBE-MAC INDUSTRIES, INC.. (Alstadt, Lynn) (Entered: 03/24/2020)
MEMORANDUM OPINION (an appropriate Order follows). Signed by Judge Robert J. Colville on 4/20/20. (jg) (Entered: 04/20/2020)
ORDER indicating upon consideration of Defendant Steven Campbells "Motion for Dismissal for Want of Jurisdiction and Lack of Consent in an Improper Forum" 49 , and for the reasons discussed in this Courts Opinion of the same date 64 , it is hereby ordered that the Motion is denied. This Court, however, finding that it lacks personal jurisdiction over Campbell in this matter, and that this action could have originally been brought in the United States District Court for the Eastern District of Virginia and that transfer is in the interest of justice, will transfer this matter to the United States District Court for the Eastern District of Virginia pursuant to 28 U.S.C. § 1631. This action is hereby transferred to the United States District Court for the Eastern District of Virginia, Alexandria Division forthwith. The Clerk of Court shall mark this case as closed. Signed by Judge Robert J. Colville on 4/20/20. (jg) (Entered: 04/20/2020)
Remark: case opened in EDVA at 2:20-cv-00197 (sdp) (Entered: 04/21/2020)
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