Bar S Foods Company v. Robert M. Sain et al



 
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RFC Case Number: T-B02-74R
Court Case Number: 1:02-cv-00074-RFC
File Date: Friday, May 17, 2002
Plaintiff: Bar S Foods Company
Plaintiff Counsel: Howard I. Sobelman, Michael K. Kelly, Wendy S. Neal of Snell & Wilmer
Robert C. Griffin of Crowley Fleck
Defendant: Robert M. Sain
Eileen Sain
Cause: 28:1331 Fed. Question: Trademark
Court: Montana District Court
Judge: Judge Richard F. Cebull
Notes:

Docket Text

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Date # Docket Text
10/12/2006 ARCHIVE CASE INFORMATION FROM FRC DENVER, CO, volumes 1-2, 81619 - 81718 FRC Location Number, 60 Box Number, 021-06-0104 FRC Accession Number. (JDH, ) (Entered: 10/20/2006)
6/12/2003 57 ORDER by Judge Richard F. Cebull granting motion to dismiss case with prej & each party to bear own costs & fees [56-1] (cc: all counsel) (TMD) (Entered: 06/12/2003)
6/10/2003 56 MOTION/stip by defendant Eileen Sain, defendant Robert M. Sain, plaintiff Bar S Foods Company to dismiss case with prej & each party to bear own costs & fees (RMW) (Entered: 06/10/2003)
6/10/2003 Lodged PO & FILE DELIVERED to RFC office for review of # 56 (RMW) (Entered: 06/10/2003)
6/10/2003 FILE DELIVERED to pending shelf for docs comng by 6-13-03 (RMW) (Entered: 06/10/2003)
4/15/2003 55 ORDER by Mag Judge Richard W. Anderson granting motion to extend time until 5/5/03 to finalize execution of a settlement agreement and until 5/14/03 to file dispositive motions [54-1] (cc: all counsel) (CAA) (Entered: 04/16/2003)
4/14/2003 54 MOTION by plaintiff Bar S Foods Company to extend time until 5/5/03 to finalize execution of a settlement agreement and until 5/14/03 to file dispositive motions (SLN) (Entered: 04/14/2003)
4/14/2003 FILE DELIVERED to RWA for review of prop order (SLN) (Entered: 04/14/2003)
3/12/2003 53 ORDER by Mag Judge Richard W. Anderson granting motion to extend deadline for dispositive motions until 4/14/03 [52-1] (cc: all counsel) (CAA) (Entered: 03/13/2003)
3/10/2003 Lodged proposed order and FILE DELIVERED to RWA for review (CAA) (Entered: 03/10/2003)
3/7/2003 52 MOTION by plaintiff Bar S Foods Company, defendant Robert M. Sain, defendant Eileen Sain to extend deadline for dispositive motions until 4/14/03 (CAA) (Entered: 03/10/2003)
2/18/2003 51 NOTICE of filing report of Neutral Evaluator. (RMW) (Entered: 02/19/2003)
2/12/2003 50 ORDER by Judge Richard F. Cebull granting motion for order re early neutral evaluation [49-1], granting motion for order for early neutral evaluation [39-1]. John Crist shall serve as the neutral in this case. The total cost of Mr. Crist's expenses incurred in conneciton with this case shall be divided equally btwn pltf & dfts, with pltf paying half of the total costs and dfts jointly paying half of the total costs. The evaluation session shall be held 2/14/03 at 9 am in Crowley Law Office. The neutral's report shall be submitted to the Court by 2/21/03. Parties shall notify the Court, in a jointly filed stmts, whether all or part of this case has been resolved thru ENE, by 3/7/03. Parties have a greed that an ext. of the ddl for filing dispositive motions shall be extended to 3/14/03. (cc: all counsel) (SLN) (Entered: 02/12/2003)
2/11/2003 49 Joint MOTION by plaintiff Bar S Foods Company, defendant Robert M. Sain, defendant Eileen Sain for order re early neutral evaluation (RMW) (Entered: 02/12/2003)
2/11/2003 Lodged PO & FILE DELIVERED to RFC for review of # 49 (RMW) (Entered: 02/12/2003)
1/30/2003 FILE DELIVERED to motions drawer for 2/3/03--then file to Karen for review. (CAA) (Entered: 01/30/2003)
1/28/2003 48 MEMORANDUM, OPINION, AND ORDER: by Mag Judge Richard W. Anderson granting defendants' motion in limine to exclude Pltf.'s designated expert [41-1]. (cc: all counsel) (CAA) (Entered: 01/28/2003)
1/28/2003 FILE DELIVERED to RWA for review as parties failed to file a joint motion for ENE. (CAA) (Entered: 01/28/2003)
1/21/2003 47 RESPONSE by plaintiff Bar S Foods Company to motion in limine to exclude Pltf.'s designated expert [41-1] (SLN) (Entered: 01/22/2003)
1/21/2003 FILE DELIVERED to RWA (KJ) for Review (ELL) (Entered: 01/21/2003)
1/14/2003 46 ORDER by Mag Judge Richard W. Anderson. IT IS ORDERED that within 10 days, cnsl shall jointly contact Mr. Crist at his office in Blgs, MT to discuss sched for an ENE. Thereafter the parties shall promptly submit aj oint motion for early neutral evaluation meeting the requirements of Local Rule 16.6(B)(5). (cc: all counsel) (ELL) (Entered: 01/14/2003)
1/14/2003 FILE DELIVERED to Motions Drawer for 1/27/03 for parties to jointly file a motion for ENE. (ELL) (Entered: 01/14/2003)
1/13/2003 45 NOTICE by plaintiff Bar S Foods Company of taking deposition of Robert M. Sain, Eileen Sain on 1/28/03 at Wolf Point (TMD) (Entered: 01/13/2003)
1/6/2003 44 ORDER by Mag Judge Richard W. Anderson. IT IS ORDERED that on or before 1/15/03 dfst cnsl shall personally contact pla's cnsl and respond to the matters contained in pla's cnsl's 10/9/02 communication. The parties should also discuss other mattrs pertaining to ENE and no later than 1/20/03 shall jointly submit a motionfor ENE and ; case management ddl set for 1/20/03 (cc: all counsel) (ELL) (Entered: 01/06/2003)
1/6/2003 FILE DELIVERED to Motions Drawer for 1/20/03 for parties to jointly submit a motion for ENE. (ELL) (Entered: 01/06/2003)
12/27/2002 43 STATUS REPORT re discovery filed by defendant Robert M. Sain, defendant Eileen Sain (RMW) (Entered: 12/27/2002)
12/27/2002 42 MOTION by defendant Robert M. Sain, defendant Eileen Sain for order for early neutral evaluation (RMW) (Entered: 12/27/2002)
12/27/2002 41 MOTION and Memo by defendant Robert M. Sain, defendant Eileen Sain in limine to exclude Pltf.'s designated expert , or in the alternative to extend time for deft expert disclosure & discovery cutoff (RMW) (Entered: 12/27/2002)
12/27/2002 40 RESPONSE by defendant Robert M. Sain, defendant Eileen Sain to motion for order for early neutral evaluation [39-1] (RMW) (Entered: 12/27/2002)
12/26/2002 FILE DELIVERED to RFC for review of #39 (TMD) (Entered: 12/26/2002)
12/23/2002 39 MOTION by plaintiff Bar S Foods Company for order for early neutral evaluation (TMD) (Entered: 12/26/2002)
12/23/2002 38 STATUS REPORT by plaintiff Bar S Foods Company (TMD) (Entered: 12/26/2002)
12/4/2002 37 ORDER by Mag Judge Richard W. Anderson. IT IS ORDERED that dft's mot for order for early neutral evaluation is DENIED. IT IS FURTHER ORDERED that on or before December 23, 2002 the parties shall jointly file a revised motion for early neutral evaluation meeting the requirements of Local Rule 16.6(b)(5) and denying motion for order for early neutral evaluation [28-1] ; case management ddl set for 12/23/02 (cc: all counsel) (ELL) (Entered: 12/05/2002)
11/18/2002 36 TRANSCRIPT (Volume 2) filed of proceedings before Hon. Mag Judge Richard W. Anderson in Billings MT on 8-14-02 with Court Reporter Jan Barry at 2:00 p.m. Testimony continues on Plaintiff's Motion for Preliminary Injunction. (CAA) (Entered: 11/21/2002)
11/7/2002 FILE DELIVERED to RWA office for direction. (RMW) (Entered: 11/07/2002)
11/6/2002 35 TRANSCRIPT filed of proceedings before Hon Mag Judge Richard W. Anderson in Billings MT on 8-14-02 with Court reporter Rich Mattson on Motion for Preliminary Injunction. (RMW) (Entered: 11/07/2002)
11/6/2002 34 ORDER by Judge Richard F. Cebull adopting [32-1] which are Findings & Recs of US Mag Judge Richard W. Anderson &, denying Plaintiff motion for preliminary injunction [3-1] (cc: all counsel) (RMW) (Entered: 11/07/2002)
11/6/2002 REMARK # 35 is held separately. (RMW) (Entered: 11/07/2002)
9/9/2002 33 OBJECTIONS by plaintiff Bar S Foods Company to Findings and Recommendation [32-1] delivered to Judge RFC (TMD) Modified on 09/09/2002 (Entered: 09/09/2002)
9/3/2002 File reviewed by KJ of RWA office & FILE DELIVERED to Mot dr for review at 9-16-02 (RMW) (Entered: 09/03/2002)
8/28/2002 32 FINDINGS AND RECOMMENDATION of Mag Judge Richard W. Anderson that Plaintiff Motion for Prelim Inj be denied and Findings are by Mag Judge Richard W. Anderson concerning motion for preliminary injunction [3-1] Objections to F/R due date: 9/16/02 (cc: all counsel) (RMW) (Entered: 08/28/2002)
8/28/2002 FILE DELIVERED to Mot dr for review at 9-16-02 (RMW) (Entered: 08/28/2002)
8/27/2002 Received & Lodged from co Toaves - proposed Order with request that it be delivered to RWA office & FILE DELIVERED to RWA for review (RMW) (Entered: 08/30/2002)
8/26/2002 RECEIVED Proposed Order from Attorney Terrance L. Toavs by fax and delivered to RWA for review. (ELL) (Entered: 08/26/2002)
8/15/2002 31 SCHEDULING ORDER by Mag Judge Richard W. Anderson ; Preliminary Pretrial Conference held on 8/14/02 and deadlines established. Motion for amendment of pleadings or joinder due 10/14/02; all motions (except those in limine) due 2/14/03; Discovery due: 01/31/03; Status report: the week of 12/23/02; plaintiff's expert disclosures due by 11/29/02 and dft's disclosures by 12/29/02. (cc: all counsel) (CAA) (Entered: 08/15/2002)
8/15/2002 FILE DELIVERED to RWA (KJ) for review per her request (CAA) (Entered: 08/15/2002)
8/14/2002 30 MINUTES: Hearing on pltf's Motion for preliminary injunction held 8/14/02 before Mag Judge Richard W. Anderson. Cnsl present: Robert Griffin, Michael Kelly, Howard Sobelman for the plaintiff and Terrance Toavs, David Bray for the dfts. Stmts by cnsl Kelly for pla. in support of PI. Exhibits 19,20,21 offered and admitted w/o obj. Oral argument in opposition to PI by cnsl David Bray. Reply by cnsl Kelly. Exhibits 9-14 offered and admitted w/o obj. Witness Robert Gordon Reinhard called by cnsl Sobelman and S/E. Exhibits 1-5 offered and admitted w/o obj. Cross exam by cnsl Terrance Toavs for dfts. Redirect by cnsl Sobelman. Motion submitted and Court is taking under advisement on 8/14/02 the motion for preliminary injunction [3-1] C/R: Richard Mattson; LC: Karen Jarussi; Courtroom Deputies: S.Nybo and C.Anderson. (SLN) (Entered: 08/14/2002)
8/13/2002 29 ORDER by Mag Judge Richard W. Anderson granting motion for attorney David Bray to appear pro hac vice [24-1] as co co with Terrance Toaves for Sain Defts. (cc: all counsel) (RMW) (Entered: 08/13/2002)
8/13/2002 FILE DELIVERED to CAA and then RWA for hrg this week. (RMW) (Entered: 08/13/2002)
8/13/2002 FILE DELIVERED to Karen in RWA chambers for review of Pro Hac Vice (CLR) (Entered: 08/13/2002)
8/12/2002 RECEIVED file in Billings from Great Falls consisting of one clerk's volume and shelved (TMD) (Entered: 08/12/2002)
8/8/2002 28 MOTION by defendant Robert M. Sain, defendant Eileen Sain for order for early neutral evaluation (ELL) (Entered: 08/08/2002)
8/8/2002 27 PRELIMINARY PRETRIAL STATEMENT by defendant Robert M. Sain, defendant Eileen Sain (ELL) (Entered: 08/08/2002)
8/8/2002 26 PRELIMINARY PRETRIAL STATEMENT by plaintiff Bar S Foods Company (TMD) Modified on 08/08/2002 (Entered: 08/08/2002)
8/7/2002 25 JOINT DISCOVERY PLAN by plaintiff Bar S Foods Company (TMD) Modified on 08/08/2002 (Entered: 08/08/2002)
8/7/2002 REMARK *** Vol 2 begins with # 26 **** (RMW) (Entered: 08/13/2002)
8/6/2002 FILING FEE PAID: on 8/6/02 in the amount of $ 100.00, receipt # 28796, for Pro Hac Vice fee for David Bray. (CLR) (Entered: 08/13/2002)
8/2/2002 FILE DELIVERED to NOB for review per her request (CAA) (Entered: 08/02/2002)
8/1/2002 24 MOTION by defendant Robert M. Sain, defendant Eileen Sain for attorney David Bray to appear pro hac vice (CAA) (Entered: 08/02/2002)
8/1/2002 23 INITIAL DISCLOSURE STATEMENT by defendant Robert M. Sain, defendant Eileen Sain (CAA) (Entered: 08/02/2002)
8/1/2002 REMARK - no check accompanied the motion for phv. Called atty and they will send one. (CAA) (Entered: 08/02/2002)
7/30/2002 FILE DELIVERED to RWA for review (SEALED) (Entered: 07/30/2002)
7/30/2002 FILE DELIVERED to RWA for review of fully briefed motion. (CAA) (Entered: 07/30/2002)
7/29/2002 22 ORDER by Mag Judge Richard W. Anderson granting motion for attorney Wendy S. Neal to appear pro hac vice [21-1] (cc: all counsel) (CAA) (Entered: 07/30/2002)
7/29/2002 FILING FEE PAID: on 7/29/02 in the amount of $ 100.00, receipt # 28774. PHV admission fee for Wendy Neal. (CAA) (Entered: 07/30/2002)
7/26/2002 FILE DELIVERED to RWA for Review of #21 Motion W/PO (ELL) (Entered: 07/26/2002)
7/25/2002 21 MOTION by plaintiff Bar S Foods Company for attorney Wendy S. Neal to appear pro hac vice (ELL) (Entered: 07/26/2002)
7/25/2002 20 REPLY by plaintiff Bar S Foods Company to response to motion for preliminary injunction [3-1] file delivered to: RWA (ELL) (Entered: 07/26/2002)
7/25/2002 Lodged PROPOSED Order submitted by plaintiff Bar S Foods Company RE #21 Motion for PHV. (ELL) (Entered: 07/26/2002)
7/23/2002 19 NOTICE by plaintiff Bar S Foods Company of taking deposition of Robert M. Sain and Eileen Sain on 8/13/02 at 3:00 p.m. in Billings, MT (CLR) Modified on 07/24/2002 (Entered: 07/24/2002)
7/19/2002 18 ORDER by Judge Richard F. Cebull Case reassigned to Judge Richard F. Cebull , and Case referred to Mag Judge Richard W. Anderson (cc: all counsel) (SLN) (Entered: 07/19/2002)
7/19/2002 FILE DELIVERED to motions drawer for 7/23/02 for reply (SLN) (Entered: 07/19/2002)
7/16/2002 FILE DELIVERED to RWA for order (TMD) (Entered: 07/16/2002)
7/12/2002 17 RESPONSE by defendant Robert M. Sain, defendant Eileen Sain to motion for preliminary injunction [3-1] (TMD) (Entered: 07/16/2002)
7/12/2002 RECEIVED Consent re USMJ and sealed on left side of file (TMD) (Entered: 07/16/2002)
7/9/2002 16 ORDER by Mag Judge Richard W. Anderson granting motion for attorney Howard Ian Sobelman to appear pro hac vice [14-1], granting motion for attorney Michael K Kelly to appear pro hac vice [13-1] with counsel Robert Griffin appearing as local counsel. (cc: all counsel) (CAA) (Entered: 07/09/2002)
7/9/2002 FILING FEE PAID: on 7/9/02 in the amount of $ 200.00, receipt # 28710. (CAA) (Entered: 07/09/2002)
7/3/2002 REMARK received & lodged (2) proposed Orders re PHV Motions & to RWA (RMW) (Entered: 07/03/2002)
7/2/2002 15 Initial PRELIMINARY PRETRIAL STATEMENT by plaintiff Bar S Foods Company purs to Rule 26(a)(1) (RMW) (Entered: 07/03/2002)
7/2/2002 14 MOTION by plaintiff Bar S Foods Company for attorney Howard Ian Sobelman to appear pro hac vice (RMW) (Entered: 07/03/2002)
7/2/2002 13 MOTION by plaintiff Bar S Foods Company for attorney Michael K Kelly to appear pro hac vice (RMW) (Entered: 07/03/2002)
7/2/2002 REMARK received check for $200 re # 13 and 14 - CHECK IS IN VAULT. (RMW) (Entered: 07/03/2002)
7/2/2002 No proposed Order received and FILE DELIVERED to RWA for review of # 13 and 14 (RMW) (Entered: 07/03/2002)
6/24/2002 12 NOTICE OF ASSIGNMENT to Mag Judge Richard W. Anderson mailed to attorney(s): Terrance L. Toavs for defendant Eileen Sain (RMW) (Entered: 06/24/2002)
6/24/2002 11 ORDER by Mag Judge Richard W. Anderson granting Deft motion to extend time to respond to plaintiff's motion for prelim. injunction [9-1], denying Plaintiff motion for order setting briefing schedule and granting Plff Motion for hrg on Motion for Prelim Injunction & denying Plaintiff Motion for expedited discovery plan [5-1], setting hearing on motion for preliminary injunction [3-1] 10:00 8/14/02 Preliminary Pretrial Conference set for 10:00 8/14/02 ; setting mtion resp ddl set for 7/12/02 for Eileen Sain, for Robert M. Sain to rsvp re Motion for Prelim Injunction (cc: all counsel) (RMW) (Entered: 06/24/2002)
6/21/2002 10 REPLY by plaintiff Bar S Foods Company to response to motion for order setting briefing schedule, hearing or trial, and expedited discovery plan [5-1] file delivered to: RWA (TMD) (Entered: 06/21/2002)
6/21/2002 10 RESPONSE by plaintiff Bar S Foods Company to motion to extend time to respond to plaintiff's motion for prelim. injunction and response to motion for order setting briefing sched. [9-1] (TMD) (Entered: 06/21/2002)
6/20/2002 FILE DELIVERED to RWA for review (CAA) (Entered: 06/20/2002)
6/18/2002 9 MOTION by defendant Robert M. Sain, defendant Eileen Sain to extend time to respond to plaintiff's motion for prelim. injunction and response to motion for order setting briefing sched. (CAA) (Entered: 06/20/2002)
6/18/2002 8 Verified ANSWER by defendant Robert M. Sain, defendant Eileen Sain complaint [1-1] (CAA) (Entered: 06/20/2002)
6/18/2002 FILE DELIVERED to pending shelf for Def's resp. to #6 (TMD) (Entered: 06/18/2002)
6/4/2002 7 RETURN OF SERVICE EXECUTED upon defendant Robert M. Sain, defendant Eileen Sain on 5/29/02 (CLR) (Entered: 06/04/2002)
5/28/2002 6 MEMORANDUM/BRIEF by plaintiff Bar S Foods Company in support of motion for order setting briefing schedule, hearing or trial, and expedited discovery plan [5-1] (ELL) (Entered: 05/31/2002)
5/28/2002 5 MOTION by plaintiff Bar S Foods Company for order setting briefing schedule, hearing or trial, and expedited discovery plan (ELL) (Entered: 05/31/2002)
5/28/2002 Lodged PROPOSED Order submitted by plaintiff Bar S Foods Company RE #5 Motion (ELL) (Entered: 05/31/2002)
5/20/2002 2 NOTICE OF ASSIGNMENT to Mag Judge Richard W. Anderson mailed to attorney(s): Robert C. Griffin for plaintiff Bar S Foods Company (CLR) (Entered: 05/20/2002)
5/17/2002 4 MEMORANDUM/BRIEF by plaintiff Bar S Foods Company in support of motion for preliminary injunction [3-1] (CLR) (Entered: 05/21/2002)
5/17/2002 3 MOTION by plaintiff Bar S Foods Company for preliminary injunction (CLR) (Entered: 05/21/2002)
5/17/2002 1 COMPLAINT - Original and 3 copy(s) (Summons(es) issued) and handed to runner for service (CLR) (Entered: 05/20/2002)
5/17/2002 FILING FEE PAID: on 5/17/02 in the amount of $ 150.00, receipt # 28497. (CLR) (Entered: 05/20/2002)
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