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Pretrial Orders and Minute Entries

Last Updated: June 21, 2013



DATE: 06/21/2013
ORDER: ORDER
DESCRIPTION: ORDER ON PJC LOGISTICS, LLC'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT HENDRICKSON TRUCKING, INC. Plaintiff PJC Logistics, LLC's Motion for Default Judgment Against Defendant Hendrickson Trucking, Inc. (MDL No. 11-2249 (DWF/SER), Doc. No. [259]; Civil No. 11-2552 (DWF/SER), Doc. No. [99]) is GRANTED. (See Order for additional information.)(Associated Cases: 0:11-md-2249 DWF/SER and 0:011-cv-2552 DWF/SER). Signed by Judge Donovan W. Frank on 6/21/2013.



DATE: 06/21/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF ADVANTECH CORPORATION. All claims in the above-captioned action are hereby DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. re [110] Stipulation of Dismissal filed by Advantech Corporation, PJC Logistics, LLC. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-3000 DWF/SER). Signed by Judge Donovan W. Frank on 6/21/2013. Signed by Judge Donovan W. Frank on 6/21/2013. Signed by Judge Donovan W. Frank on 6/21/2013.



DATE: 03/28/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GPS TECHNOLOGIES OF NORTH AMERICAN, INC. re [108] Notice of Voluntary Dismissal filed by PJC Logistics LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant GPS Technologies of North America, Inc., in the above-captioned action are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by Judge Donovan W. Frank on 3/28/2013. (Associated Cases: 0:11-md-2249 DWF/SER and 0:011-cv-2999 DWF/SER)



DATE: 03/28/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GSS CORPORATION D/B/A SPECTRUM GSP TRACKING re [255] Notice of Voluntary Dismissal filed by PJC Logistics, LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant GSS Corporation d/b/a Spectrum GPS Tracking in the above-captioned action are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by Judge Donovan W. Frank on 3/28/2013. (Associated Cases: 0:11-md-2249 DWF/SER and 0:011-cv-3000 DWF/SER)



DATE: 03/28/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT DIGITAL COMMUNICATIONS TECHNOLOGIES, LLC re [106] Notice of Voluntary Dismissal filed by PJC Logistics LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Digital Communications Technologies, LLC, in the above-captioned action are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by Judge Donovan W. Frank on 3/28/2013. (Associated Cases: 0:11-md-2249 DWF/SER and 0:011-cv-3000 DWF/SER))



DATE: 03/21/2013
ORDER: ORDER
DESCRIPTION: ORDER. 1. The parties are directed to contact Magistrate Judge Steven E. Rau's chambers to set up a settlement conference on the issue of damages in this matter. 2. Should the matter remain unresolved after the settlement conference, the Court will reach the issue of what, if any, discovery is necessary, and how to proceed with any ordered discovery, as well as the scope of the evidentiary hearing. 3. The Court reserves the right to order costs and expenses incurred with respect to the settlement conference, should such an order be warranted. Signed by Judge Donovan W. Frank on 3/21/2013. (Associated Cases 0:11-md-2249 DWF/SER; 0:11-cv-3000 DWF/SER)



DATE: 03/18/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS FLEETMATICS USA, INC., AND SAGEQUEST I, LLC re [248] Stipulation of Dismissal filed by SageQuest I LLC, Fleetmatics USA Inc, PJC Logistics LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendants Fleetmatics USA, Inc. (now known as Fleetmatics USA, LLC), and SageQuest I, LLC, in the above-captioned action are DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Each party shall bear its own costs and attorney fees. Signed by Judge Donovan W. Frank on 3/18/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2999 DWF/SER)



DATE: 03/18/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT TRUCKS, INC re [249] Notice of Voluntary Dismissal filed by PJC Logistics, LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Trucks, Inc., in the above-captioned action are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by Judge Donovan W. Frank on 3/18/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2550 DWF/SER)



DATE: 03/11/2013
ORDER: ORDER
DESCRIPTION: AMENDED ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT MERCEDES-BENZ USA, LLC re [242] Stipulation of Dismissal filed by Mercedes Benz USA, LLC, PJC Logistics, LLC Signed by Judge Donovan W. Frank on 3/11/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:12-cv-235 DWF/SER)



DATE: 03/11/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT MERCEDES-BENZ USA, LLC re [242] Stipulation of Dismissal filed by Mercedes Benz USA, LLC, PJC Logistics, LLC Signed by Judge Donovan W. Frank on 3/11/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:12-cv-235 DWF/SER)



DATE: 02/26/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JACKSON TRUCKING COMPANY, INC re [124] Notice of Voluntary Dismissal filed by PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/26/2013. (Associated cases: 0:11-md-2249 DWF/SER; 0:11-cv-2550 DWF/SER



DATE: 02/26/2013
ORDER: ORDER
DESCRIPTION: ORDER OF DISMISSAL WITHOUT PREJUDICE OF DEFENDANT JBS LOGISTICS INC. re [146] Notice of Voluntary Dismissal filed by PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/26/2013. (Associated cases: 0:11-md-2249 DWF/SER; 0:11-cv-2551 DWF/SER))



DATE: 02/26/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT DESIGN LOGISTICS INC re [97] Notice of Voluntary Dismissal filed by PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/26/2013. (Associated cases: 0:11-md-2249 DWF/SER; 0:11-cv-2552 DWF/SER)(BJS)



DATE: 02/13/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT DEDICATED LOGISTICS, LLC re 236 Notice of Voluntary Dismissal filed by PJC Logistics LLC. Signed by Judge Donovan W. Frank on 2/13/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-2555 DWF/SER)(BJS) (Entered: 02/13/2013)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS CYPRESS TRUCK LINES, INC., EAGLE MOTOR LINES, LLC, QUALITY DISTRIBUTION, INC., AND SOUTHERN CAL TRANSPORT, INC. re Stipulation at (Doc. No. 218 ). Signed by Judge Donovan W. Frank on 2/11/2013. (Associated Cases 0:11-md-2249 DWF/SER; 0:11-cv-2550 DWF/SER) (BJS) (Entered: 02/11/2013)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS DEDICATED LOGISTICS, LLC, FIKES TRUCK LINE, LLC, AND J.B. HUNT TRANSPORT SERVICES, INC. re 219 Stipulation of Dismissal. Signed by Judge Donovan W. Frank on 2/11/2013. (Associated Cases 0:11-md-2249 DWF/SER; 0:11-cv-2554 DWF/SER) (BJS) (Entered: 02/11/2013)(BJS)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT XRS CORPORATION (F/K/A/ XATA CORPORATION) re 217 Stipulation 232 of Dismissal. Signed by Judge Donovan W. Frank on 2/11/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2999 DWF/SER)(BJS) (Entered: 02/12/2013)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS ESTES EXPRESS LINES, MGM TRANSPORT CORPORATION, SOUTHEASTERN FREIGHT LINES, INC., U.S. EXPRESS ENTERPRISES, INC., AND WILSON TRUCKING CORPORATION re 216 Stipulation of Dismissal. Signed by Judge Donovan W. Frank on 2/11/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2556 DWF/SER)(BJS) Modified on 2/12/2013 (akl). (Entered: 02/12/2013)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT TOYOTA MOTOR SALES U.S.A., INC. in re 225 Stipulation of Dismissal. Signed by Judge Donovan W. Frank on 2/11/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:12-1315 DWF/SER)(BJS) (Entered: 02/12/2013)



DATE: 02/12/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS ALLIED VAN LINES, INC., EQUITY TRANSPORTATION COMPANY, INC., GULLY TRANSPORTATION, INC., NORTH AMERICAN VAN LINES, INC., AND ORMSBY TRUCKING, INC. re 220 Stipulation of Dismissal. Signed by Judge Donovan W. Frank on 2/8/2013. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2551 DWF/SER)(BJS) (Entered: 02/12/2013)



DATE: 02/08/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT PJC LOGISTICS, LLC re 223 Stipulation of Dismissal filed by Xata Corporation, XRS Corporation, PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/7/2013. (Associated Cases 0:11-md-2249 DWF/SER;0:11-cv-871 DWF/SER).(BJS) (Entered: 02/08/2013)



DATE: 02/08/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS WEINRICH TRUCK LINE INC. AND RUAN TRANSPORTATION MANAGEMENT SYSTEMS, INC. 221 Stipulation of Dismissal. Signed by Judge Donovan W. Frank on 2/7/2013. (Associated Cases 0:11-md-2249 DWF/SER;0:11-cv-675 DWF/SER).(BJS) (Entered: 02/08/2013).



DATE: 02/08/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANTS NEW CENTURY TRANSPORTATION, LLC, WARD TRUCKING, LLC, AND EASTERN FREIGHTWAYS, INC. re 222 Stipulation of Dismissal, filed by Ward Trucking, LLC, Eastern Freight Ways, Inc., New Century Transportation, LLC, PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/7/2013. (Associated Cases 0:11-md-2249 DWF/SER;0:11-cv-2549 DWF/SER).(BJS) (Entered: 02/08/2013).



DATE: 02/08/2013
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT LONE STAR TRANSPORTATION, LLC re 215 Stipulation of Dismissal filed by Lone Star Transportation LLC, PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 2/7/2013. (Associated Cases 0:11-md-2249 DWF/SER;0:11-cv-2555 DWF/SER). (Entered: 02/08/2013).



DATE: 12/28/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT HYUNDAI MOTOR AMERICA re[30] Stipulation of Dismissal filed by Hyundai Motor America, PJC Logistics LLC. Signed by Judge Donovan W. Frank on 12/27/2012. (rlb)



DATE: 11/21/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL SCHEDULING ORDER. (See Order for additional details). Signed by Judge Donovan W. Frank on 11/21/2012. (Attachments: # (1) Attachment A, # (2) Attachment B).



DATE: 08/30/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT BRICK HOUSE ELECTRONICS LLC, D/B/A BRICK HOUSE SECURITY. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Brick House Electronics, LLC, d/b/a Brick House Security, in the above-captioned action are DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. Signed by Judge Donovan W. Frank on 9/4/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-3000 DWF/SER).



DATE: 08/30/2012
ORDER: ORDER
DESCRIPTION: ORDER REGARDING THE SUFFICIENCY OF PJC'S INFRINGEMENT CONTENTIONS. 1. Defendants' Motion to Preclude PJC from Pursuing Claims of Infringement Not Included in PJC's Claim Charts (Doc. Nos. [142], [165]); Xata's Motion to Preclude PJC from Advancing any Additional Infringement Contentions (Doc. No. [143]); Hyundai's Motion Regarding the Sufficiency of PJC's Infringement Claim Charts (Doc. No. [169]); and MBUSA's Motion for Sanctions (Doc. No. [156]) are GRANTED IN PART as follows: a. PJC is precluded from modifying its most recently served infringement contentions, absent a showing of good cause to supplement; and PJC is precluded from offering contentions or facts, or pursuing claims of infringement, not set forth in its most recently submitted claim charts b. PJC is precluded asserting infringement under the doctrine of equivalents or indirect infringement, absent a showing of good cause to supplement. (Written Opinion). Signed by Judge Donovan W. Frank on 8/30/2012.



DATE: 07/30/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OR DEFENDANT BMW OF NORTH AMERICA, LLC re [187] Stipulation of Dismissal filed by BMW of North America, LLC, PJC Logistics, LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant BMW of North America, LLC, in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 7/30/2012. (Associated Cases 0:11-md-2249 DWF/SER;0:12-cv-236 DWF/SER).



DATE: 07/30/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT ROLLS-ROYCE MOTOR CARS NA, LLC re [188] Stipulation of Dismissal filed by Rolls-Royce Motor Cars NA LLC, PJC Logistics, LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Rolls-Royce Motor Cars NA, LLC, in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 7/30/2012. (Associated Cases 0:11-md-2249 DWF/SER;0:12-cv-236 DWF/SER)



DATE: 07/12/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT SAIA MOTOR FREIGHT LINE, LLC, ONLY re [176] Stipulation of Dimssal filed by PJC Logistics LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Saia Motor Freight Line, LLC, in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-2550-DWF-SER). Signed by Judge Donovan W. Frank on 7/12/12.



DATE: 07/11/2012
ORDER: Minute Entry
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Motion Hearing held on 7/11/2012. Matters taken under advisement; written order to follow. (Court Reporter Jeanne Anderson)



DATE: 06/13/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF ENFORA, INC. WITH PREJUDICE. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Enfora, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 6/13/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-3000 DWF/SER)



DATE: 05/31/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL ORDER NO. 5. The Judicial Panel on Multidistrict Litigation transferred actions in the above-captioned matter to this Court for coordinated and consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Pursuant to this Court's jurisdiction over these actions, this Court hereby enters the following order:(please see Order for details). Signed by Judge Donovan W. Frank on 5/31/2012.



DATE: 05/31/2012
ORDER: ORDER
DESCRIPTION: ORDER. 1. The cases pending against XATA customers are stayed for the duration of pre-trial proceedings before this Court in the cases involving XATA (Nos. 11-cv-871 & 11-cv-2999), and until such time as the customer cases are ready for transfer back to the transferor venues for purposes of trial; 2. The named XATA customers are bound by any rulings by this Court during pre-trial proceedings, including on claim construction matters and summary judgment motions; 3. If PJC Logistics, LLC (PJC) contends that it needs discovery from XATA customers named in cases stayed by this Order, before PJC may request this discovery by way of subpoena under Federal Rule of Civil Procedure 45, they shall approach the Court, with notice to XATA, in an effort to resolve any outstanding discovery issues; and 4. This Order shall not be deemed to be a determination as to any dispute between the parties as to any damages theory, or as to whether the named XATA customers should be defendants at trial, or whether they may liable on a different damages theory than XATA. Signed by Judge Donovan W. Frank on 5/31/2012.



DATE: 05/30/2012
ORDER: MINUTE
DESCRIPTION: Minute Entry for proceedings held before Judge Donovan W. Frank: Fourth Pretrial Conference held on 5/30/2012. The next pretrial conference will be held on Wednesday, July 11, 2012, 9 a.m., St. Paul, Minnesota. The Court will begin in Chambers at 9 a.m. and move to the courtroom at approximately 10 a.m. (Court Reporter Jeanne Anderson) (BJS) (Entered: 05/30/2012)



DATE: 05/25/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF GENERAL MOTORS COMPANY, GENERAL MOTORS, LLC, AND ONSTAR, LLC, WITH PREJUDICE re (130 in 0:11-md-02249-DWF-SER) Stipulation of Dismissal filed by General Motors LLC, General Motors Company, OnStar LLC, PJC Logistics, LLC. All counterclaims brought by said Defendants are DISMISSED WITHOUT PREJUDICE by agreement of the parties. Signed by Judge Donovan W. Frank on 05/25/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:12-cv-00234-DWF-SER.



DATE: 05/21/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF UNITED PARCEL SERVICE, INC. WITHOUT PREJUDICE re [120] Stipulation of Dismissal filed by United Parcel Service, Inc., PJC Logistics, LLC. All claims between Plaintiff PJC Logistics, LLC, and Defendant United Parcel Service, Inc., in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/21/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2550 DWF/SER)



DATE: 05/21/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF ALAN RITCHEY, INC. WITH PREJUDICE re [119] Stipulation of Dismissal filed by PJC Logistics LLC. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Alan Ritchey, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/21/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2555 DWF/SER)



DATE: 05/21/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF UPS GROUND FREIGHT, INC. re [121] Stipulation of Dismissal filed by UPS Ground Freight, Inc., PJC Logistics, LLC. All claims between Plaintiff PJC Logistics, LLC, and Defendant UPS Ground Freight, Inc., in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/21/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2556 DWF/SER)



DATE: 05/08/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF FEDEX GROUND PACKAGE SYSTEM, INC. WITH PREJUDICE. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant FedEx Ground Package System, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/8/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2549 DWF/SER)



DATE: 05/08/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF CENTRAL TRANSPORT NORTH AMERICA, INC. WITHOUT PREJUDICE. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Central Transport North America, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/8/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2551 DWF/SER) (Entered: 05/08/2012)



DATE: 05/08/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL OF ATX GROUP, INC. (n/k/a Agero Connected Services, Inc.). All claims between Plaintiff PJC Logistics, LLC, and Defendant ATX Group, Inc. (n/k/a Agero Connected Services, Inc.), in the above-captioned action are DISMISSED WITH PREJUDICE and all counterclaims against PJC Logistics, LLC, by ATX Group, Inc., (n/k/a Agero Connected Services, Inc.) are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 5/8/2012. (Associated Cases: 0:11-md-2249 DWF/SER; 0:12-cv-232 DWF/SER) (Entered: 05/08/2012)



DATE: 05/03/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT LAKEVILLE MOTOR EXPRESS, INC., ONLY. all claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Lakeville Motor Express, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-675 DWF/SER). Signed by Judge Donovan W. Frank on 5/3/2012.



DATE: 05/03/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT NAVTRAK, INC., ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Navtrak, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2999 DWF/SER). Signed by Judge Donovan W. Frank on 5/3/2012.



DATE: 05/03/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT NFI INDUSTRIES, INC., ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant NFI INDUSTRIES, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2549 DWF/SER). Signed by Judge Donovan W. Frank on 5/3/2012.



DATE: 05/03/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT RYDER SYSTEM, INC., ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant RYDER SYSTEM, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2550 DWF/SER). Signed by Judge Donovan W. Frank on 5/3/2012.



DATE: 05/03/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT TELETRAC, INC., ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC, and Defendant Teletrac, Inc., in the above-captioned action are DISMISSED WITH PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1) (A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. (Associated Cases: 0:11-md-2249 DWF/SER; 0:11-cv-2999 DWF/SER). Signed by Judge Donovan W. Frank on 5/3/2012.



DATE: 04/25/2012
ORDER: ORDER
DESCRIPTION: ***TEXT ONLY ORDER*** In a letter from counsel for UPS (dated April 17, 2012), a request was made to establish a briefing schedule for the two UPS motions to dismiss (filed in CV 11-2550 DWF/SER at docket no. 78 and in CV 11-2556 DWF/SER at docket no. 78). IT IS HEREBY ORDERED that the plaintiffs shall respond to the motions by May 7, 2012, and the defendants shall reply to the motions by May 21, 2012. The motions will be heard at the next status conference scheduled for May 30, 2012. Signed by Judge Donovan W. Frank on 4/25/2012.



DATE: 04/19/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL ORDER NO. 4. The Court is in receipt of the parties' April 17, 2012 letter submissions addressing the briefing schedule established at the March 22, 2012 Pretrial Conference. (Doc. Nos. 64, 65 & 66.) After considering the parties' submissions, the Court hereby ORDERS that the briefing schedule established at the March 22, 2012 Pretrial Conference shall remain unchanged. Signed by Judge Donovan W. Frank on 4/19/2012.



DATE: 03/23/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT C.R. ENGLAND, INC., ONLY. All claims and counterclaims against Defendant C.R. England, Inc., are DISMISSED WITH PREJUDICE and on the merits, without costs or disbursement to any party. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02552-DWF-SER. Signed by Judge Donovan W. Frank on 3/23/2012.



DATE: 03/23/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GARDNER TRUCKING LLC, ONLY. This action is DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT GARDNER TRUCKING LLC, ONLY, and without costs or disbursements to any party. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02552-DWF-SER. Signed by Judge Donovan W. Frank on 3/23/2012.



DATE: 03/23/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT THE MASON DIXON LINES, INC. ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC and Defendant The Mason and Dixon Lines, Inc. in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02551-DWF-SER. Signed by Judge Donovan W. Frank on 3/23/2012.



DATE: 03/23/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT THE COCA-COLA COMPANY ONLY. All claims between Plaintiff PJC Logistics, LLC and Defendant The Coca-Cola Company in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party being its own costs and attorney fees. Signed by Judge Donovan W. Frank on 3/23/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02550-DWF-SER.



DATE: 03/23/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GREAT AMERICAN LINES INC. ONLY. All claims and counterclaims between Plaintiff PJC Logistics, LLC and Defendant Great American Lines Inc. in the above-captioned action are DISMISSED WITHOUT PREJUDICE by agreement of the parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure and without costs or disbursements to any party. Signed by Judge Donovan W. Frank on 3/23/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02549-DWF-SER.



DATE: 03/19/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GPS LOGIC LLC ONLY. Signed by Judge Donovan W. Frank on 3/19/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02999-DWF-SER.



DATE: 03/19/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE OF DEFENDANT GLOBAL RESOURCE GROUP, INC. ONLY. Signed by Judge Donovan W. Frank on 3/19/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-03000-DWF-SER.



DATE: 03/08/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANT ABF FREIGHT SYSTEMS INC. ONLY. Signed by Judge Donovan W. Frank on 3/8/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02555-DWF-SER.



DATE: 02/29/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re (75 in 0:11-cv-02549-DWF-SER) Stipulation of Dismissal filed by New Penn Motor Express Inc., PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 02/29/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02549-DWF-SER.



DATE: 02/29/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re (63 in 0:11-cv-02553-DWF-SER) Stipulation of Dismissal filed by Reddaway, PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 02/29/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02553-DWF-SER



DATE: 02/29/2012
ORDER: ORDER
DESCRIPTION: ORDER FOR DISMISSAL WITHOUT PREJUDICE re (132 in 0:11-cv-02551-DWF-SER) Stipulation of Dismissal filed by USF Holland, Inc., PJC Logistics, LLC. Signed by Judge Donovan W. Frank on 02/29/2012. Associated Cases: 0:11-md-02249-DWF-SER, 0:11-cv-02551-DWF-SER



DATE: 02/25/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL ORDER NO. 3. 1. No later than March 15, 2012, Plaintiff shall submit its Claim Chart identifying the following: (1) which claim(s) of its patent(s) it alleges are being infringed; (2) which specific products or methods of Defendants it alleges literally infringe each claim; and (3) where each element of each claim listed in (1) is found in each product or method listed in (2), including the specific factual basis for each contention that the element is present. If there is a contention by Plaintiff that there is infringement of any claims under the doctrine of equivalents, Plaintiff shall separately indicate this on its Claim Chart and, in addition to the information required for literal infringement, Plaintiff shall also explain each function, way, and result that it contends are equivalent, and why it contends that any differences are not substantial. 2.No later than sixty (60) days after Plaintiff submits its Claim Chart, Defendants shall submit their Claim Chart(s). Defendants Claim Chart shall indicate with specificity which elements on Plaintiffs Claim Chart each defendant admits are present in its accused device or process, and which it contends are absent. In the latter regard, Defendants will set forth in detail the basis for any contention that the element is absent. As to the doctrine of equivalents, Defendants shall indicate on their chart their contentions concerning any differences in function, way, and result, and why any differences are substantial. Signed by Judge Donovan W. Frank on 02/25/2012.




DATE: 02/07/2012
ORDER: ORDER
DESCRIPTION: ORDER re [41] Stipulation filed by General Motors LLC, General Motors Company, OnStar LLC, PJC Logistics, LLC. See Order for details. Signed by Judge Donovan W. Frank on 2/21/2012. (11-md-2249 DWF/SER: 12-234 DWF/SER).




DATE: 02/07/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL ORDER NO. 2. 1. The Court will hold a follow-up status conference on March 22, 2012, beginning at 9:00 a.m. The Court will first meet with all represented parties at 9:00 a.m. in chambers and conduct any on-the-record discussions in the courtroom at 10:00 a.m. 2. No later than February 17, 2012, the parties shall submit a proposed Rule 26(f) scheduling order. The parties shall attach an addendum to the proposed scheduling order detailing a proposed procedure for informal motion practice. See In re: Guidant Corp. Implantable Defibrillators Products Liability Litigation, Pretrial Order No. 2 (Doc. No. 11 in Case No. 05-md-1708) at 21, prepared by the undersigned as it relates to status conferences, attached as Exhibit A. 3. No later than Friday, February 10, 2012, the parties shall simultaneously submit letter briefs (not exceeding 5 pages) addressing the issue of who should proceed first with specified disclosures. Upon receipt of the letter briefs, the Court will make a decision and issue an order promptly. Signed by Judge Donovan W. Frank on 2/7/2012. (Attachments: # (1) Exhibit(s) A)




DATE: 02/07/2012
ORDER: ORDER
DESCRIPTION: ORDER GRANTING STIPULATION FOR EXTENSION OF TIME TO ANSWER THE COMPLAINT re [11] Stipulation filed by PJC Logistics, LLC. The parties' Joint Motion for extension of time to respond or otherwise move is GRANTED, and Defendant Mercedes-Benz's deadline to answer or otherwise respond to Plaintiff's Original. Signed by Judge Donovan W. Frank on 2/7/2012. Associated Case: 0:11-md-2249 DWF/SER; 0:12-235 DWF/SER.



DATE: 01/03/2012
ORDER: ORDER
DESCRIPTION: PRETRIAL ORDER NO. 1 AND MEMORANDUM. 1. Follow-Up Status Conference The Court will hold a follow-up status conference on February 1, 2012, at 9:00 a.m., to discuss various issues including the pre-trial schedule (and meaningful deadlines), discovery, settlement, the timing and sequence of claim construction, and lead and liaison counsel. The Court will first meet with all represented parties in chambers and later conduct any on-the-record discussions in the courtroom. 2. Consistent with the Court's remarks from the bench on December 15, 2011, the Court respectfully directs Plaintiffs counsel to submit a summary letter to each Defendant explaining Plaintiffs infringement allegations relating to the 844 patent no later than January 20, 2012, absent a stipulation of the parties. 3. The attached Memorandum is made a part hereof. Signed by Judge Donovan W. Frank on 1/3/2012.



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