Case Details

CourtNorthern District of Alabama
Docket number2:12-cv-03438
Date case filed2012-09-24
Date case closed2014-08-26
Date of latest filing
Assigned toJudge Sharon Lovelace Blackburn
Case cause28:1331 Fed. Question: Trademark
Nature of suit830 Patent
Jury demandBoth
Demand
JurisdictionFederal Question

Case Parties

Party: Masterbuilt Manufacturing Inc
Party type: Plaintiff
a Georgia Corporation
Attorney name: Anna Halsey
Attorney Contact:
ROBINS KAPLAN LLP
1201 West Peachtree Street, Suite 2200
Atlanta, GA 30309
404-760-3871
Fax: 404-233-1267
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Brie L. B. Buchanan
Attorney Contact:
BRADLEY ARANT BOULT CUMMINGS
1819 5th Avenue North
Birmingham, AL 35203
205-521-8456
Fax: 205-488-6456
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John Scott Culpepper
Attorney Contact:
ROBINS KAPLAN MILLER & CIRESI LLP
2200 One Atlantic Center, 1201 West Peachtree St.
Atlanta, GA 30309
404-760-3867
Fax: 404-233-1267
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Ty E Dedmon
Attorney Contact:
BRADLEY ARANT BOULT CUMMINGS LLP
1819 5th Avenue North
Birmingham, AL 35283-0709
205-521-8000
Fax: 205-521-8800
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Bruce Foods Corporation
Party type: Defendant
a Louisiana Corporation
Attorney name: James P Pewitt
Attorney Contact:
JAMES P PEWITT LLC
6 Office Park Circle Suite 116
Birmingham, AL 35223
205-612-1140
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: David J Kulik
Attorney Contact:
WILEY REIN LLP
1776 K Street NW
Washington, DC 20006
202-719-7000
Fax: 202-719-7049
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Natalie A Cox
Attorney Contact:
JOHNSTON BARTON PROCTOR & ROSE
569 Brookwood Village, Suite 901
Birmingham, AL 35209
205-458-9490
Fax: 205-458-9500
Email: [email protected]
TERMINATED: 01/31/2014 ATTORNEY TO BE NOTICED
Party: Bruce Foods Corporation
Party type: Counter Claimant
a Louisiana Corporation
Attorney name: James P Pewitt
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Natalie A Cox
Attorney Contact:
(See above for address)
TERMINATED: 01/31/2014 ATTORNEY TO BE NOTICED
Party: Masterbuilt Manufacturing Inc
Party type: Counter Defendant
a Georgia Corporation
Attorney name: Anna Halsey
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Brie L. B. Buchanan
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: John Scott Culpepper
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Ty E Dedmon
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-09-24 MOTION to File Under Seal by Masterbuilt Manufacturing Inc. (ASL) (Entered: 09/25/2012)
22012-09-24 COMPLAINT against Bruce Foods Corporation, filed by Masterbuilt Manufacturing Inc.(ASL) Modified on 9/25/2012 - FILED UNDER SEAL pursuant to order entered this date (ASL). (Entered: 09/25/2012)
32012-09-24 NOTICE of Corporate Disclosure by Masterbuilt Manufacturing Inc (ASL) (Entered: 09/25/2012)
42012-09-25 MOTION for Temporary Restraining Order by Masterbuilt Manufacturing Inc. (ASL) (Entered: 09/25/2012)
52012-09-25 MOTION to file under seal Memorandum in Support of Motion for TRO, Motion for Preliminary Injunction, Declaration of Anna C. Halsey in support thereof, and exhibits thereto by Masterbuilt Manufacturing Inc. (ASL) (Entered: 09/25/2012)
62012-09-25 COMPLAINT (Redacted) against Bruce Foods Corporation, filed by Masterbuilt Manufacturing Inc.(ASL) (Entered: 09/25/2012)
72012-09-25 MEMORANDUM (Redacted) in support of 4 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Masterbuilt Manufacturing Inc (ASL) (Entered: 09/25/2012)
82012-09-25 DECLARATION (Redacted) of Anna C. Halsey in Support 4 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction filed by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 7, # 5 Exhibit 9, # 6 Exhibit 10, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20)(ASL) (Entered: 09/25/2012)
92012-09-25 MOTION for Preliminary Injunction by Masterbuilt Manufacturing Inc. (ASL) (Entered: 09/25/2012)
122012-10-24 ANSWER to Complaint by Bruce Foods Corporation.(Pewitt, James) (Entered: 10/24/2012)
132012-10-31 MOTION for Leave to Appear Pro Hac Vice Scott Culpepper by Masterbuilt Manufacturing Inc. (Dedmon, Ty) (Entered: 10/31/2012)
142012-10-31 MOTION for Leave to Appear Pro Hac Vice Anna Halsey by Masterbuilt Manufacturing Inc. (Dedmon, Ty) (Entered: 10/31/2012)
152012-11-14 MOTION for Leave to File Amended Complaint Under Seal by Masterbuilt Manufacturing Inc. (Dedmon, Ty) (Entered: 11/14/2012)
162012-11-14 AMENDED COMPLAINT (REDACTED) against Bruce Foods Corporation, filed by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit Exh. 1, # 2 Exhibit Exh. 2, # 3 Exhibit Exh. 3, # 4 Exhibit Exh. 4, # 5 Exhibit Exh. 5, # 6 Exhibit Exh. 6, # 7 Exhibit Exh. 7, # 8 Exhibit Exh. 8, # 9 Exhibit Exh. 9, # 10 Exhibit Exh. 10, # 11 Exhibit Exh. 11, # 12 Exhibit Exh. 12)(Dedmon, Ty) (Entered: 11/14/2012)
182012-11-29 ORDER setting case for Scheduling Conference by telephone on 1/10/2013 at 10:00 AM before Chief Judge Sharon Lovelace Blackburn. Signed by Chief Judge Sharon Lovelace Blackburn on 11/29/12. (Attachments: # 1 Instructions for 16(b) Scheduling Conferences)(ASL) (Entered: 11/29/2012)
192012-12-07 ANSWER to 16 Amended Complaint with Jury Demand, COUNTERCLAIM against Masterbuilt Manufacturing Inc by Bruce Foods Corporation.(Pewitt, James) Modified on 12/7/2012 (KAM, ). (Entered: 12/07/2012)
202012-12-20 ORDER: This case is SET for a 16(b) Scheduling Conference by telephone at 10:00 a.m. on January 24, 2013. The conference will be conducted by way of a telephone call initiated by the court. The parties are DIRECTED to follow the attached instructions regarding scheduling conferences. The parties should not delay discovery pending the 16(b) scheduling conference. Signed by Chief Judge Sharon Lovelace Blackburn on 12/20/12. (Attachments: # 1 Instructions for 16 B Conference)(CVA) (Entered: 12/20/2012)
212012-12-21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims by Masterbuilt Manufacturing Inc. (Attachments: # 1 Memo in Support, # 2 Exhibit Ex 1, # 3 Exhibit Ex 2, # 4 Exhibit Ex 3, # 5 Exhibit Ex 4, # 6 Exhibit Ex 5, # 7 Exhibit Ex 6)(Dedmon, Ty) (Entered: 12/21/2012)
222013-01-07 ORDER Setting Hearing on Motion 21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims : any opposition is due by 1/28/2013; reply is due by 2/11/2013, Oral argument is set for 2/26/2013 03:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 1/7/2013. (KAM, ) (Entered: 01/07/2013)
232013-01-17 REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Parties' Proposed Schedules, # 2 Exhibit J. Lynwood Patent Rules)(Dedmon, Ty) (Entered: 01/17/2013)
242013-01-23 MOTION for Leave to Appear Pro Hac Vice for David J. Kulik by Bruce Foods Corporation. (Pewitt, James) (Entered: 01/23/2013)
252013-01-23 NOTICE of Appearance by Brie L. B. Buchanan on behalf of Masterbuilt Manufacturing Inc (Buchanan, Brie) (Entered: 01/23/2013)
262013-01-24 NOTICE of Appearance by Natalie A Cox on behalf of Bruce Foods Corporation (Cox, Natalie) (Entered: 01/24/2013)
272013-01-28 RESPONSE to Motion re 21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims and Motion for Partial Summary Judgment filed by Bruce Foods Corporation. (Attachments: # 1 Exhibit 1A, # 2 Exhibit 1B, # 3 Exhibit 2, # 4 Exhibit 3)(Pewitt, James) (Entered: 01/28/2013)
282013-01-29 ORDER pursuant to discussion with counsel on 1/24/2013; the parties shall file briefs by 4/29/2013 supporting their respective positions on the necessity of a separate claim construction proceeding. Signed by Chief Judge Sharon Lovelace Blackburn on 1/29/2013. (KAM, ) (Entered: 01/29/2013)
292013-02-11 MOTION to Strike 27 Response to Motion, Bruce Foods' Motion for Partial Summary Judgment by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit A - ECF Notice for Dkt. No. 27, # 2 Text of Proposed Order)(Dedmon, Ty) (Entered: 02/11/2013)
302013-02-11 REPLY to Response to Motion re 21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims filed by Masterbuilt Manufacturing Inc. (Dedmon, Ty) (Entered: 02/11/2013)
312013-02-21 MOTION for Leave to File Masterbuilt's Opposition to Plaintiff's Motion for Partial Summary Judgment, and Confidential Exhibits 3 and 8 by Masterbuilt Manufacturing Inc. (Dedmon, Ty) (Entered: 02/21/2013)
322013-02-21 RESPONSE to re 27 in Opposition to Plaintiff's Motion for Partial Summary Judgment (REDACTED) filed by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Dedmon, Ty) (Entered: 02/21/2013)
332013-02-22 ORDER Setting Hearing on Motion 21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims, 29 MOTION to Strike 27 Response to Motion, Bruce Foods' Motion for Partial Summary Judgment : Motion Hearing set for 5/8/2013 03:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 2/22/2013. (KAM, ) (Entered: 02/22/2013)
342013-05-06 ORDER Setting Hearing on Motion 29 MOTION to Strike 27 Response to Motion, Bruce Foods' Motion for Partial Summary Judgment, 21 MOTION to Dismiss Counts I-III of Defendants' Counterclaims, 27 Response to Motion, : Briefs are due by 7/1/2013; Motion Hearing set for 7/10/2013 02:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 5/6/2013. (KAM, ) (Entered: 05/06/2013)
352013-07-01 Brief re 28 Order, In Support of Plaintiff Masterbuilt Manufacturing, Inc.'s Position that Claim Construction Proceedings are Unnecessary filed by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Halsey, Anna) (Entered: 07/01/2013)
362013-07-01 Brief re 28 Order, In Support of Defendant Bruce Foods Corporation's Position That a Claim Construction Proceeding Is Necessary. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Cox, Natalie) (Entered: 07/01/2013)
372013-07-08 REPLY to re 32 In Support of Bruce Foods Corporation's Motion for Partial Summary Judgment filed by Bruce Foods Corporation. (Attachments: # 1 Exhibit 1)(Pewitt, James) (Entered: 07/08/2013)
382013-07-09 MOTION to Strike 37 REPLY (other) or in the Alternative to Seek Additional Briefing by Masterbuilt Manufacturing Inc. (Attachments: # 1 Exhibit 1)(Halsey, Anna) (Entered: 07/09/2013)
392013-07-16 ORDER pursuant to discussion 7/10/2013; the parties shall file additional briefs by 8/1/2013, Hearing on whether a separate claim construction proceeding is necesary is set for 8/7/2013 02:00 PM before Chief Judge Sharon Lovelace Blackburn.. Signed by Chief Judge Sharon Lovelace Blackburn on 7/16/2013. (KAM, ) (Entered: 07/16/2013)
402013-08-01 Brief re 35 Brief, Supplemental Brief in Support of Plaintiff's Position that Claim Construction Proceedings are Unnecessary. (Halsey, Anna) (Entered: 08/01/2013)
412013-08-01 Brief re 36 Brief Supplemental Brief in Support of Defendant Bruce Foods Corporation's Position That a Claim Construction Proceeding Is Necessary filed by Bruce Foods Corporation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Cox, Natalie) (Entered: 08/01/2013)
432013-09-20 MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 9/20/2013. (KAM, ) (Entered: 09/20/2013)
442013-09-20 ORDER in accordance with the memo opn entered contemporaneously, denying 21 Motion to Dismiss. Signed by Chief Judge Sharon Lovelace Blackburn on 9/20/2013. (KAM, ) (Entered: 09/20/2013)
452013-09-20 MEMORANDUM OPINION. Signed by Chief Judge Sharon Lovelace Blackburn on 9/20/2013. (KAM, ) (Entered: 09/20/2013)
462013-09-20 ORDER in accordance with the memo opn entered contemporaneously, 27 motion for partial summary judgment and 29 Motion to Strike are DENIED. Signed by Chief Judge Sharon Lovelace Blackburn on 9/20/2013. (KAM, ) (Entered: 09/20/2013)
472013-10-04 REPLY to re 19 and Affirmative Defenses to Bruce Foods Corporation's Counterclaims filed by Masterbuilt Manufacturing Inc. (Halsey, Anna) (Entered: 10/04/2013)
482014-01-30 MOTION to Withdraw as Attorney of Natalie A. Cox by Bruce Foods Corporation. (Cox, Natalie) (Entered: 01/30/2014)
492014-08-25 STIPULATION of Dismissal by Bruce Foods Corporation. filed by Bruce Foods Corporation (Pewitt, James) (Entered: 08/25/2014)
502014-08-26 ORDER, pursuant to a Stipulation of Dismissal 49 filed by the parties on 8/25/14. The court hereby ORDERS that this matter is DISMISSED WITHOUT PREJUDICE to the right of any party to reopen the case within 90 days, upon good cause shown, or to submit a stipulated form of final judgment. Signed by Judge Sharon Lovelace Blackburn on 8/26/14. (CTS, ) (Entered: 08/26/2014)
512014-11-26 MOTION for Extension of Time by Bruce Foods Corporation. (Pewitt, James) (Entered: 11/26/2014)
522014-11-26 TEXT ORDER granting 51 Motion for Extension of Time. Signed by Judge Sharon Lovelace Blackburn on 11/26/2014. (SDB) (Entered: 11/26/2014)