Soilworks LLC v Midwest Industrial Supply Inc

Filing 80

STATEMENT of Material Facts by Counter Claimant Midwest Industrial Supply Inc, Defendant Midwest Industrial Supply Inc, Counter Defendant Midwest Industrial Supply Inc. (Attachments: # 1 Exhibit List to Midwest's Statement of Material Facts, # 2 Exhibit A - Deposition of Robert Vitale (I), # 3 Exhibit B - Deposition of Robert Vitale (II), # 4 Exhibit C - Declaration of Robert Vitale, # 5 Vitale Declaration (Attachment 1), # 6 Vitale Declaration (Attachment 2), # 7 Vitale Declaration (Attachment 3), # 8 Vitale Declaration (Attachment 4), # 9 Vitale Declaration (Attachment 5), # 10 Vitale Declaration (Attachment 6), # 11 Vitale Declaration (Attachment 7), # 12 Vitale Declaration (Attachment 9), # 13 Vitale Declaration (Attachment 9), # 14 Vitale Declaration (Attachment 10), # 15 Exhibit C - Deposition of Chad Falkenberg, # 16 Chad Falkenberg Deposition (Ex. 12), # 17 Chad Falkenberg Deposition (Ex. 44), # 18 Chad Falkenberg Deposition (Ex. 45), # 19 Chad Falkenberg Deposition (Ex. 48), # 20 Chad Falkenberg Deposition (Ex. 49), # 21 Chad Falkenberg Deposition (Ex. 49), # 22 Chad Falkenberg Deposition (Ex. 53), # 23 Chad Falkenberg Deposition (Ex. 54), # 24 Chad Falkenberg Deposition (Ex. 55), # 25 Chad Falkenberg Deposition (Ex. 56), # 26 Chad Falkenberg Deposition (Ex. 57), # 27 Exhibit E - Dorian Falkenberg Deposition, # 28 Dorian Falkenberg Deposition (Ex. 13), # 29 Exhibit F - Soilworks' Rule 26 Initial Disclosures, # 30 Exhibit G - Soilworks' Responses, # 31 Exhibit H - Midwest's Interrogatories, # 32 Exhibit I - Midwest's First Document Production Request, # 33 Exhibit J - Midwest's Second Document Production Request, # 34 Exhibit K - Declaration of John Skeriotis, # 35 Skeriotis (Attachment A), # 36 Skeriotis Declaration (Attachment B), # 37 Skeriotis Declaration (Attachment C), # 38 Skeriotis Declaration (Attachment D), # 39 Exhibit I - Soilworks' Responses to First Set of Document Requests, # 40 Exhibit M - Soilworks' Responses to Second Document Requests, # 41 Exhibit N - Steve Hickman Deposition, # 42 Exhibit O - Steve Gordner Deposition)(Grinham, Jill)

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LIST OF EXHIBITS TO MIDWEST'S STATEMENT OF MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR PARTIAL SUMMARY JUDGEMENT Exhibit A: Exhibit B: Exhibit C: Excerpts from Transcript of the February 19, 2008 Deposition of Robert Vitale, President of Midwest Excerpts from Transcript of the February 20, 2008 Deposition of Robert Vitale, President of Midwest Declaration of Robert Vitale, Chief Executive Officer of Midwest, with Attachments: 1. Midwest's U.S. Patent No. 7,074,266 2. Midwest's U.S. Patent No. 7,081,270 3. Midwest's 1,204,198 Soil-Sement® trademark registration 4. Midwest's 2,222,732 Soil-Sement® trademark registration 5. Midwest's 3,318,243 Synthetic Organic Dust Control® trademark registration 6. ADOT Dust Palliative Specifications (May 2006) 7. ADOT Dust Palliative Specifications (June 2006) 8. ADOT Dust Palliative Specifications (May 2007) 9. July 27, 2006 letter from R. Vitale (Midwest) to Donald Dunavant (Polar Supply Company) 10. July 27, 2006 letter from R. Vitale (Midwest) to D. Schooner (Polar Supply Company) Excerpts from Transcript of the Deposition of Chad Falkenberg, President of Soilworks, with Exhibits:+ 12. Material Safety Data Sheet for Soilworks' Durasoil® product 44. Soilwork's Price List 45. Copy of Durasoil's webpage from October 18, 2004 48. Copy of Durasoil's webpage from February 19, 2005 49. Copy of Durasoil's webpage from April 2, 2005 52. Google search results for "soil sement" 53. Google search results for "soil sement" 54. html codes for Soiltac.com 55. html codes for soiltac.com 56. html codes for soilworks.com 57. html codes for soilworks.com

Exhibit D:

Certain cited portions of Mr. Falkenberg's deposition transcript have been separately submitted to the Court for filing under seal due to Soilworks' attorneys designation of the subject matters discussed therein as "HIGHLY CONFIDENTIAL ­ ATTORNEYS EYES ONLY" pursuant to the Stipulated Protective Order entered by the Court in this case.

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Exhibit E:

Excerpts from Transcript of the Deposition of Dorian Falkenberg, Vice President of Soilworks, with Exhibit: 13. Midwest's 3,318,243 Synthetic Organic Dust Control® trademark registration Soilworks' Rule 26 Initial Disclosures Soilworks' Answers to Midwest's First Set of Interrogatories Midwest's First Set of Interrogatories Midwest's First Set of Requests for Production of Documents Midwest's Second Set of Requests for Production of Documents Declaration of John M. Skeriotis, Brouse McDowell, with Attachments: A. March 19, 2008 letter from J. Skeriotis to S. Dosek B. June 8, 2006 letter from J. Skeriotis to D. Allsworth C. July 18, 2006 letter from J. Passarelli to J. Skeriotis D. August 8, 2006 letter from J. Skeriotis to J. Passarelli Soilworks' Responses to Midwest's First Set of Requests for Production of Documents

Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J: Exhibit K:

Exhibit L:

Exhibit M: Soilworks' Responses to Midwest's Second Set of Requests for Production of Documents Exhibit N: Exhibit O: Excerpts from Transcript of the Deposition of Steve Hickman, Polar Supply Company Excerpts from the Transcript of the Deposition of Steve Gordner, Polar Supply Company

Doc. No. 715145v2

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