4/8/2015
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`CM/ECF - nvd - District Version 5.1.1
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`A0-120/121
`
`United States District Court
`District of Nevada (Las Vegas)
`CIVIL DOCKET FOR CASE#: 2:14-cv-00529-RCJ-PAL
`
`ESCO Corporation v. Cashman Equipment Company et al
`Assigned to: Judge Robert C. Jones
`Referred to: Magistrate Judge Peggy A. Leen
`Lead case: 2:12-cv-01545-RCJ-CWH
`Member case: (View Member Case)
`Cause: 35:271 Patent Infringement
`
`Date Filed: 04/07/2014
`Jury Demand: Both
`Nature of Suit 830 Patent
`Jurisdiction: Federal Question
`
`Plaintiff
`ESCO Corporation
`
`represented by Adam K Yowell
`Watson Rounds
`5371 Kietzke Lane
`Reno, NV 89511
`775-324-4100
`Email: ayowell@watsonrounds.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Binal J. Patel
`Banner & Witcoff, Ltd.
`10 South Wacker Dr., Ste. 3000
`Chicago, IL 60606
`312-463-5000
`Fax: 312-463-5001
`Email: bpatel@bannerwitcoff.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Charles W. Shifley
`Banner & Witcoff, Ltd.
`10 South Wacker Drive
`Chicago, IL 60606
`312-463-5000
`Fax: 312-463-5001
`Email: cshifley@bannerwitcoff.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`EricJ. Hamp
`Banner & Witcoff
`10 South Wacker Dr., Ste. 3000
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`CATERPILLAR EXHIBIT 1008
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`4/8/2015
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`CM/ECF - nvd - District Version 5.1.1
`Chicago, IL 60606
`312-463-5000
`Fax: 312-463-5001
`Email: ehamp@bannerwitcoff.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`V.
`Defendant
`Cashman Equipment Company
`
`Timothy J. Rechtien
`Banner & Witcoff, Ltd.
`10 South Wacker Dr., Ste. 3000
`Chicago, IL 60606
`312-463-5000
`Fax: 312-463-5001
`Email: trechtien@bannerwitcoff.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Michael D Rounds
`Watson Rounds, PC
`5371 Kietzke Lane
`Reno, NV 89511
`Email: mrounds@watsonrounds.com
`ATTORNEY TO BE NOTICED
`
`represented by Gregory J. Commins, Jr.
`Baker & Hostetler LLP
`1050 Connecticut Ave., NW
`Suite 1100
`Washington, DC 20036
`(202) 861-1500
`Email: gcommins@bakerlaw.com
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Robert G. Abrams
`Baker & Hostetler LLP
`1050 Connecticut Ave., N.W.
`Suite 1100
`Washington, DC 20036
`202-861-1500
`Fax: 202-861-1783
`Email: rabrams@bakerlaw.com
`LEAD ATTORNEY
`PRO HAC VICE
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`ATTORNEY TO BE NOTICED
`
`Todd M. Touton
`Lionel, Sawyer & Collins
`300 South 4th Street
`Las Vegas, NV 89101
`702-383-8930
`Email: ttouton@lionelsawyer.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Robert W. Hernquist
`Howard & Howard Attorneys PLLC
`3800 Howard Hughes Pkwy .. , Ste., 1000
`Las Vegas, NV 891069
`(702) 257-1483
`Fax: (702) 567-1568
`Email:
`rhernquist@howardandhoward.com
`ATTORNEY TO BE NOTICED
`
`represented by Gregory J. Commins, Jr.
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Robert G. Abrams
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Todd M. Touton
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Robert W. Hernquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Gregory J. Commins, Jr.
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Defendant
`Caterpillar Global Mining LLC
`
`Defendant
`Caterpillar Inc.
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`Defendant
`Raptor Mining Products Inc.
`
`Counter Claimant
`Raptor Mining Products Inc.
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`CM/ECF - nvd - District Version 5.1.1
`Robert G. Abrams
`(See above for address)
`LEAD ATTORNEY
`PRO HAC VICE
`ATTORNEY TO BE NOTICED
`
`Todd M. Touton
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Robert W. Hernquist
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`represented by Joel Z. Schwarz
`Gordon & Silver, Ltd
`3960 Howard Hughes Pkwy
`9th Floor
`Las Vegas, NV 89109-
`702-796-5555
`Fax: 702-369-2666
`Email: jschwarz@gordonsilver.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`John L. Krieger
`Gordon Silver
`3960 Howard Hughes Parkway
`9thFl
`Las Vegas, NV 89169-0961
`(702) 796-5555
`Fax: (702) 369-2666
`Email: jkrieger@gordonsilver.com
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`represented by Joel Z. Schwarz
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`John L. Krieger
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
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`4/8/2015
`V.
`Counter Defendant
`ESCO Corporation
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`CM/ECF - nvd - District Version 5.1.1
`
`represented by Adam K Yowell
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Binal J. Patel
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Charles W. Shifley
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`EricJ. Hamp
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Timothy J. Rechtien
`(See above for address)
`LEAD ATTORNEY
`ATTORNEY TO BE NOTICED
`
`Michael D Rounds
`(See above for address)
`ATTORNEY TO BE NOTICED
`
`Date Filed
`
`#
`
`Docket Text
`
`04/07/2014
`
`1
`
`COMPLAINT against All Defendants (Filing fee $400 receipt number 0978-
`3194407), filed by ESCO Corporation. Certificate of Interested Parties due by
`4/17/2014. Proof of service due by 8/5/2014. (Attachments:# 1 Civil Cover Sheet,
`# 2. Summons,# 1 Summons,# 1 Summons,# ~ Summons) (Rounds, Michael)
`(Entered: 04/07/2014)
`
`04/07/2014
`
`Case assigned to Judge Andrew P. Gordon and Magistrate Judge Peggy A. Leen.
`Nature of Suit: 830 Patent Case (ASB) (Entered: 04/08/2014)
`
`04/08/2014
`
`2
`
`NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC §
`636(c) and FRCP 73, the parties in this action are provided with a link to the "AO
`85 Notice of Availability, Consent, and Order of Reference - Exercise of
`Jurisdiction by a U.S. Magistrate Judge" form on the Court's website-
`www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically
`filed. Upon consent of all parties, counsel are advised to manually file the form
`with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not
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`4/8/2015
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`CM/ECF - nvd - District Version 5.1.1
`receiving electronic service.)
`
`NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR
`EXPEDITED TRIAL SETTING: The parties in this action are provided with a link
`to General Order 2013-1 and the USDC Short Trial Rules on the Court's website-
`www nvd uscourts goy. If the parties agree that this action can be ready for trial
`within 180 days and that a trial of this matter would take three (3) days or less, the
`parties should consider participation in the USDC Short Trial Program. If the
`parties wish to be considered for entry into the Court's Short Trial Program, they
`should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form
`4(a)(2).
`
`(no image attached) (ASB) (Entered: 04/08/2014)
`
`3. Summons Issued as to Cashman Equipment Company, Caterpillar Global Mining
`LLC, Caterpillar Inc., Raptor Mining Products Inc .. (ASB) (Entered: 04/08/2014)
`1 AO 120 -REPORT on the filing or determination of an action regarding a patent or
`trademark. E-mailed to the US Patent and Trademark Office. (Attachments:# 1
`Complaint) (ASB) (Entered: 04/08/2014)
`
`5 NOTICE TO COUNSEL PURSUANT TO LOCAL RULE lA 10-2. Counsel
`Charles W. Shifle~. Binal J. Patel, and Timoth~ J. Rechtien to comply with
`completion and electronic filing of the Designation of Local Counsel and Verified
`Petition. For your convenience, click on the following link to obtain the form from
`the Court's website- www.nvd.uscourts.gov/Forms.aspx. Counsel is also required
`to register for the Court's Case Management and Electronic Case Filing (CM/ECF)
`system and the electronic service of pleadings. Please visit the Court's website
`www.nvd.uscourts.gov to register Attomey(s) upon approval of the Verified
`Petition. Verified Petition due by 5/23/2014.(no image attached) (ASB) (Entered:
`04/08/2014)
`
`6 MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon, on
`4/8/2014. By Judicial Assistant: Cathy Stuchell. The Honorable Judge Andrew P.
`Gordon is no longer assigned to this case. Pursuant to General Order No. 2011-03,
`IT IS ORDERED that this action is referred to the Clerk for random reassignment
`to one of the designated patent pilot program judges for all further proceedings. (no
`image attached) (Copies have been distributed pursuant to the NEF- CS)
`(Entered: 04/08/2014)
`
`7 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M.
`Navarro, on 4/8/2014. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that
`this case is reassigned to Judge Robert C. Jones for all further proceedings. All
`further documents must bear the correct case number 2:14-cv-00529-RCJ-PAL.
`(no image attached) (Copies have been distributed pursuant to the NEF- ASB)
`(Entered: 04/08/2014)
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`04/08/2014
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`04/08/2014
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`04/08/2014
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`04/08/2014
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`04/08/2014
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`05/14/2014
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`05/14/2014
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`.8. VERIFIED PETITION for Permission to Practice Pro Hac Vice by Charles W.
`Shifley and DESIGNATION ofLocal Counsel Michael D. Rounds (Filing fee$
`200 receipt number 0978-3241285) filed by PlaintiffESCO Corporation. Motion
`ripe 5114/2014. (Rounds, Michael) (Entered: 05/14/2014)
`2. VERIFIED PETITION for Permission to Practice Pro Hac Vice by Binal J. Patel
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`4/8/2015
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`05/14/2014
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`05/19/2014
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`05/20/2014
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`05/20/2014
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`05/20/2014
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`05/20/2014
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`05/2112014
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`05/2112014
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`06/03/2014
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`CM/ECF - nvd - District Version 5.1.1
`and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee$ 200 receipt
`number 0978-3241322) filed by PlaintifiESCO Corporation. Motion ripe
`5/14/2014. (Rounds, Michael) (Entered: 05/14/2014)
`
`10 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Timothy J.
`Rechtien and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee$
`200 receipt number 0978-3241330) filed by PlaintifiESCO Corporation. Motion
`ripe 5/14/2014. (Rounds, Michael) (Entered: 05/14/2014)
`11 CERTIFICATE of Interested Parties filed by ESCO Corporation. There are no
`known interested parties other than those participating in the case . (Rounds,
`Michael) (Entered: 05/19/2014)
`
`12 MOTION to Dismiss by Defendants Cashman Equipment Company, Caterpillar
`Global Mining LLC, Caterpillar Inc., Raptor Mining Products Inc .. Responses due
`by 6/6/2014. Certificate of Interested Parties due by 5/30/2014. Discovery
`Plan/Scheduling Order due by 7/4/2014. (Hernquist, Robert) (Entered: 05/20/2014)
`ll DECLARATION of Gregory Commins, Jr. re 12 MOTION to Dismiss ; filed by
`Defendants Cashman Equipment Company, Caterpillar Global Mining LLC,
`Caterpillar Inc., Raptor Mining Products Inc .. (Attachments: # 1 Exhibit Exhibit A-
`-Transfer Order, # 2. Exhibit Exhibit B--Clay Elward Declaration, # .3. Exhibit
`Exhibit C--Murray Smith Declaration,# 4. Exhibit Exhibit D--ESCO counterclaims,
`# 5. Exhibit Exhibit E--Transferred Complaint)(Hernquist, Robert) (Entered:
`05/20/2014)
`
`14 CERTIFICATE of Interested Parties filed by Cashman Equipment Company,
`Caterpillar Global Mining LLC, Caterpillar Inc .. There are no known interested
`parties other than those participating in the case. (Hernquist, Robert) (Entered:
`05/20/2014)
`15. CERTIFICATE OF SERVICE for ll Declaration, 14 Certificate ofinterested
`Parties, 12 MOTION to Dismiss by Defendants Cashman Equipment Company,
`Caterpillar Global Mining LLC, Caterpillar Inc .. (Hernquist, Robert) (Entered:
`05/20/2014)
`
`16 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gregory J.
`Commins, Jr. and DESIGNATION of Local Counsel Todd M. Touton (Filing fee$
`200 receipt number 0978-3249220) filed by Defendants Cashman Equipment
`Company, Caterpillar Global Mining LLC, Caterpillar Inc .. Motion ripe 5/2112014.
`(Hernquist, Robert) (Entered: 05/2112014)
`
`17 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Robert G.
`Abrams and DESIGNATION of Local Counsel Todd M. Touton (Filing fee$ 200
`receipt number 0978-3249249) filed by Defendants Cashman Equipment Company,
`Caterpillar Global Mining LLC, Caterpillar Inc .. Motion ripe 5/2112014.
`(Hernquist, Robert) (Entered: 05/2112014)
`
`1.8. ORDER Granting 16 Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Gregory J. Commins, Jr for Cashman Equipment Company, Caterpillar
`Global Mining LLC, and Caterpillar Inc. and approving Designation of Local
`Counsel for Attorney Todd M Touton. Signed by Judge Robert C. Jones on
`6/3/2014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
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`4/8/2015
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`06/03/2014
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`06/03/2014
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`06/03/2014
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`06/03/2014
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`06/05/2014
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`06/06/2014
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`06/16/2014
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`06/16/2014
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`07/14/2014
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`CM/ECF - nvd - District Version 5.1.1
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLR) (Entered: 06/04/2014)
`
`12. ORDER Granting 17 Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Robert G. Abrams for Cashman Equipment Company Caterpillar Global
`Mining LLC, and Caterpillar Inc. and approving Designation of Local Counsel for
`Attorney Todd M Touton. Signed by Judge Robert C. Jones on 6/3/2014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLR) (Entered: 06/04/2014)
`
`20 ORDER Granting .8. Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Charles W. Shifleyfor ESCO Corporation and approving Designation of
`Local Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones
`on 6/3/2014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLR) (Entered: 06/04/2014)
`21 ORDER Granting 2. Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Binal J. Patel for ESCO Corporation and approving Designation of Local
`Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones on
`6/3/2014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLR) (Entered: 06/04/2014)
`
`22 ORDER Granting 10 Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Timothy J. Rechtienfor ESCO Corporation and approving Designation of
`Local Counsel for Attorney Michael D. Rounds. Signed by Judge Robert C. Jones
`on 6/3/2014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLR) (Entered: 06/04/2014)
`
`23 NOTICE of Appearance by attorney John L. Krieger on behalf of Defendant Raptor
`Mining Products Inc .. (Krieger, John) (Entered: 06/05/2014)
`
`24 RESPONSE to 12 MOTION to Dismiss , filed by PlaintiffESCO Corporation.
`Replies due by 6/16/2014. (Attachments:# 1 Exhibit 1, # 2. Exhibit 2, # .3. Exhibit 3,
`# 1 Exhibit 4, # ~ ExhibitS,# ~ Exhibit 6, # 1 Exhibit 7, # .8. Exhibit 8)(Rounds,
`Michael) (Entered: 06/06/2014)
`
`25 REPLY to Response to 12 MOTION to Dismiss filed by Defendants Cashman
`Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc., Raptor
`Mining Products Inc .. (Hernquist, Robert) (Entered: 06/16/2014)
`
`26 DECLARATION of Gregory J. Commins, Jr. re 12 MOTION to Dismiss; filed by
`Defendants Cashman Equipment Company, Caterpillar Global Mining LLC,
`Caterpillar Inc., Raptor Mining Products Inc .. (Hernquist, Robert) (Entered:
`06/16/2014)
`27 SUMMONS Returned Executed by ESCO Corporation re 1 Complaint,. Cashman
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`4/8/2015
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`07/14/2014
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`07/14/2014
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`07/29/2014
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`08/05/2014
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`08/06/2014
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`08/06/2014
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`08/12/2014
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`08/19/2014
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`CM/ECF - nvd - District Version 5.1.1
`Equipment Company served on 7/3/2014, answer due 7/24/2014. (Shifley, Charles)
`(Entered: 07/14/2014)
`28 SUMMONS Returned Executed by ESCO Corporation re 1 Complaint,. Caterpillar
`Global Mining LLC served on 6/26/2014, answer due 7/17/2014. (Shifley, Charles)
`(Entered: 07/14/2014)
`29 SUMMONS Returned Executed by ESCO Corporation re 1 Complaint,. Caterpillar
`Inc. served on 6/27/2014, answer due 7118/2014. (Shifley, Charles) (Entered:
`07/14/2014)
`
`30 SUMMONS Returned Executed by ESCO Corporation. Raptor Mining Products
`Inc. served on 7115/2014, answer due 8/5/2014. (Shifley, Charles) (Entered:
`07/29/2014)
`ll PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff ESCO Corporation
`(Joint). (Attachments:# 1 Exhibit A- Model Order,# 2. Exhibit B- Proposed
`Protective Order)(Patel, Binal) (Entered: 08/05/2014)
`
`32 STIPULATION for Protective Order by PlaintiffESCO Corporation. (ASB)
`(ASB). (Entered: 08/06/2014)
`NOTICE of Docket Correction to ll Proposed Discovery Plan/Scheduling Order.
`ERROR: Documents should have been filed as separate entries by attorney, Binal
`Patel. In accordance with Special Order 109, a separate document must be filed for
`each (J!pe ofdocument or purpose . Counsel advised in the future please file
`documents in accordance with Special Order 109 filing procedures to prevent delay
`in the timely filing of documents. CORRECTION: Court docketed the Proposed
`Protective Order contained within document ll as 32 Stipulation. (no image
`attached)(ASB) (Entered: 08/06/2014)
`
`33 NOTICE ofHearing: A Scheduling Conference is set for 8/19/2014, at 10:00 AM
`in LV Courtroom 3B before Magistrate Judge Peggy A. Leen, regarding the parties'
`ll Competing Proposed Discovery Plans and Scheduling Orders. (no image
`attached)(TKH) (Entered: 08/12/2014)
`
`34 MINUTES OF PROCEEDINGS- Scheduling Conference held on 8/19/2014
`before Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pia
`Counsel: Binal Patel, Esq.; Def Counsel: John Krieger, Esq., Robert Hernquist,
`Esq., Gregory Commins, Esq.; Court Reporter/FTR #: 10:00:05 -10:19:05; Time
`of Hearing: I O:OOam; Courtroom: 3B; The Court has reviewed Counsels' Rule 26(f)
`Report and Competing Proposals for Discovery Plan and Scheduling Order ll .
`The Court hears the arguments of Counsel concerning their respective positions.
`Counsel come to agreements in open court. The Court directs Counsel to submit a
`Proposed Stipulation and Order which memorializes their agreements by
`8/22/2014. Status Conf~r~n~~ sd for 11L4L2Q14@ 2·QQ AM in LV Courtroom 3C
`before Magistrate Jud~ Peggy A Leen Counsel may appear telephonically and
`shall contact Courtroom Administrator JeffMiller no later than 11/03/2014 to
`provide a telephone number where they may be reached. (no image attached)
`(Copies have been distributed pursuant to the NEF- JAM) (Entered: 08/19/2014)
`
`08/21/2014
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`35 ORDER ON STIPULATION Granting 32 STIPULATION for Protective Order.
`Signed by Magistrate Judge Peggy A. Leen on 8/2112014. (Copies have been
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`distributed pursuant to the NEF- SLD) (Entered: 08/22/2014)
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`08/22/2014
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`08/22/2014
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`08/25/2014
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`08/26/2014
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`08/26/2014
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`09/08/2014
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`09/10/2014
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`09/10/2014
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`09/17/2014
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`09/29/2014
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`10/20/2014
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`36 AMENDED PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff
`ESCO Corporation. (Attachments:# 1 Exhibit A)(Patel, Binal) (Entered:
`08/22/20 14)
`37 NOTICE re: MOTION to Dismiss; filed by ESCO Corporation. (Attachments: # 1
`Exhibit 1)(Rechtien, Timothy) (Entered: 08/22/2014)
`
`38 RESPONSE to 37 Notice (Other) ; Defendants' Response to Plaintiffs Notice of
`Order filed by Defendants Cashman Equipment Company, Caterpillar Global
`Mining LLC, Caterpillar Inc .. (Attachments:# 1 Exhibit A,# 2. Exhibit B)
`(Commins, Gregory) (Entered: 08/25/2014)
`
`39 ORDER Scheduling a Pre-Claim Settlement Conference: Pre-Claim Settlement
`Conference set for 10/31/2014 09:30AM in LV Chambers before Magistrate Judge
`Peggy A. Leen. The settlement conference statements shall be received in Room
`3071 no later than 4:00p.m. on 10/24/2014. Signed by Magistrate Judge Peggy A.
`Leen on 8/26/2014. (Copies have been distributed pursuant to the NEF - SLD)
`(Entered: 08/27/2014)
`
`40 SCHEDULING ORDER Granting 36 Amended Proposed Discovery
`Plan/Scheduling Order. Signed by Magistrate Judge Peggy A. Leen on 8/26/2014.
`(Copies have been distributed pursuant to the NEF- SLD) (Entered: 08/27/2014)
`
`41 REPLY to 37 Notice (Other); filed by PlaintiffESCO Corporation. (Attachments:
`# 1 Exhibit 1, # 2. Exhibit 2)(Rechtien, Timothy) (Entered: 09/08/2014)
`42 ORDER ON STIPULATION Granting 32 STIPULATION for Protective Order.
`Signed by Magistrate Judge Peggy A. Leen on 9/10/2014. (Copies have been
`distributed pursuant to the NEF- SLD) (Entered: 09/10/2014)
`
`43 ORDER that the parties shall comply with LR 10-5(b) and the Ninth Circuit's
`opinion in Kamakana, 447 F.3d 1172 (9th Cir. 2006), with respect to filing
`documents under seal. Signed by Magistrate Judge Peggy A. Leen on 9/10/2014.
`(Copies have been distributed pursuant to the NEF- SLD) (Entered: 09/10/2014)
`
`44 NOTICE Defendants' Notice of Filing of Petition for Writ of Mandamus by
`Cashman Equipment Company, Caterpillar Global Mining LLC, Caterpillar Inc.,
`Raptor Mining Products Inc .. (Attachments: # 1 Exhibit A)(Hernquist, Robert)
`(Entered: 09/17/2014)
`
`45 CERTIFICATE of Interested Parties filed by Raptor Mining Products Inc .. There
`are no known interested parties other than those participating in the case. (Krieger,
`John) (Entered: 09/29/2014)
`
`46 ORDER that the Pre-Claim Settlement Conference currently scheduled for
`10/31/2014 at 9:30AM is continued to 12/2/2014 at 1:30PM in LV Chambers
`before Magistrate Judge Peggy A. Leen. The deadline for chambers to receive the
`confidential settlement conference statements shall be received in chambers Room
`3071 not later than 4:00p.m., 11125/2014. All other instructions within the original
`39 Order Scheduling Pre-Claim Settlement Conference shall remain. Signed by
`Magistrate Judge Peggy A. Leen on 10/17/2014. (Copies have been distributed
`pursuant to the NEF- SLD) (Entered: 10/20/2014)
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`10/23/2014
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`10/23/2014
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`10/29/2014
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`CM/ECF - nvd - District Version 5.1.1
`47 MINUTE ORDER IN CHAMBERS ofthe Honorable Magistrate Judge Peggy A.
`Leen, on 10/23/2014. The status conference currently scheduled for November 4,
`2014, at 9:00a.m., shall be held in Courtroom 3B instead of3C. (no image
`attached) (Copies have been distributed pursuant to the NEF- TKH) (Entered:
`10/23/2014)
`
`48 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Eric J. Hamp
`and DESIGNATION of Local Counsel Michael D. Rounds (Filing fee$ 200 receipt
`number 0978-3432340) filed by PlaintiffESCO Corporation. Motion ripe
`10/23/2014. (Rounds, Michael) (Entered: 10/23/20 14)
`
`49 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Peggy A.
`Leen, on 10/29/2014. Due to the scheduling needs of the court, the Status
`Conference currently set for 1114/14 at 9:00AM, is VACATED and CONTINUED
`to 11/6/2014 at 9:00AM in LV Courtroom 3A before Magistrate Judge Peggy A.
`Leen. Counsel may appear telephonically.
`
`10/3112014
`
`11106/2014
`
`To appear telephonically, counsel is instructed to call Jeff Miller, Courtroom
`Deputy, at (702) 464-5420 before 4:00PM 1115/2014, to indicate the name of the
`party participating and a telephone number where that party may be reached. The
`courtroom deputy will initiate the call for the hearing.(no image attached) (Copies
`have been distributed pursuant to the NEF- TKH) Modified on 10/29/2014 (TKH).
`(Entered: 10/29/2014)
`
`50 ORDER Granting 48 Verified Petition for Permission to Practice Pro Hac Vice for
`Attorney Eric J. Hamp and approving Attorney Michael D. Rounds as Designation
`of Local Counsel for PlaintiffESCO Corporation. Signed by Judge Robert C. Jones
`on 10/3112014.
`Any Attorney not yet registered with the Court's CM/ECF System shall submit a
`Registration Form on the Court's website www.nvd.uscourts.gov
`(Copies have been distributed pursuant to the NEF- SLD) (Entered: 10/3112014)
`
`51 MINUTES OF PROCEEDINGS - Status Conference held on 1116/2014 before
`Magistrate Judge Peggy A. Leen. Crtrm Administrator: Jeff Miller; Pia Counsel:
`Binal Patel, Esq., Timothy Rechtien, Esq.; DefCounsel: Joel Schwarz, Esq.,
`Gregory Cummins, Esq.; CourtReporter/FTR#: 9:00:53- 9:13:58; Time of
`Hearing: 9:00am; Courtroom: 3A; The Court hears the representations of Counsel
`concerning the progress of this action. The Court directs Counsel to contact this
`Court's Courtroom Administrator when they are in the position to request a Case
`Management Hearing and to submit a Joint Status Report at that time which should
`detail their proposals for a scheduling order. Counsel represent to the Court that
`they are interested in pursuing a global settlement agreement at the upcoming
`Settlement Conference. (no image attached) (Copies have been distributed
`pursuant to the NEF- JAM) (Entered: 11/07/2014)
`
`12/02/2014
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`12/02/2014
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`52 NOTICE re: MOTION to Dismiss (Second) by ESCO Corporation. (Attachments: #
`1 Exhibit l)(Hamp, Eric) (Entered: 12/02/2014)
`
`53 MINUTES OF PROCEEDINGS - Pre-Claim Settlement Conference held on
`12/2/2014 before Magistrate Judge Peggy A. Leen. Judicial Assistant: Teresa
`Hoskin; Pia Counsel: Ryan Cudnik, Charles Shifley; Def Counsel for Defendant
`Caterpillar: Gregory Commins; Def Counsel for Defendant Raptor: John Krieger;
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`12/30/2014
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`01130/2015
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`CM/ECF - nvd - District Version 5.1.1
`Time of Hearing: 1:40 p.m.-3:50p.m. No settlement was reached. (Copies have
`been distributed pursuant to the NEF- SLD) (Entered: 12/03/2014)
`
`54 ORDER to Consolidate. Defendants' 12 MOTION to Dismiss or Transfer Venue is
`Denied. It is ORDERED that 2: 14-cv-00529-RCJ-PAL is consolidated under 2:12-
`cv-01545-RCJ-CWH. Signed by Judge Robert C. Jones on 12/30/2014. (Copies
`have been distributed pursuant to the NEF- SLD) (Entered: 12/31/2014)
`55 ANSWER to 1 Complaint, with Jury Demand , COUNTERCLAIM against ESCO
`Corporation filed by Raptor Mining Products Inc .. (Krieger, John) (Entered:
`0 1/30/20 1 5)
`
`I
`I
`I
`
`PACER Service Center
`Transaction Receipt
`
`04/08/2015 10:19:11
`
`PACER
`Login:
`~~Description: !Docket Report
`
`thOO 18:2549009:0 Client Code:
`I Search
`. Criteria:
`
`08351.9001-
`00000/2509
`2: 14-cv-00529-RCJ-
`PAL
`
`I
`I
`I
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`I
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`~~~illable
`Pages:
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`110
`
`llcost:
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`111.00
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