Google Inc v. Central Mfg. Inc. et al

Filing 71

TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 51 , 39 , 63 (USCA no. 07-1569, 07-1612 and 07-1651) consisting of 1 volume of pleadings, 2 loose pleadings and 3 transcripts. (dj, )

Google Inc v. Central Mfg. Inc. et al

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UNITED STATES DISTRICT COURT
MICHAEL W. DOBBINS
CLERK

NORTHERN DISTRICT OF ILLINOIS 219 SOUTH DEARBORN STREET CHICAGO, ILLINOIS 60604

312-435-5670

April 12, 2007 Mr. Gino J. Agnello, Clerk U.S. Court of Appeals-Seventh Circuit 219 South Dearborn Street-Room 2722 Chicago, Illinois 60604 RE: Google -v- Stroller U.S.D.C. DOCKET NO. : 07 cv 385 U.S.C.A. DOCKET NO. : 07-1569, 07-1612 and 07-1651 Dear Mr. Agnello: Please find attached the original record on appeal consisting of the following: VOLUME(S) OF PLEADING(S) VOLUME(S) OF TRANSCRIPT(S) VOLUME(S) OF DEPOSITION(S) EXHIBITS: VAULT ITEMS: OTHER (SPECIFY): SPECIAL NOTE: Please acknowledge date of receipt of the above mentioned materials on the attached copy of this letter. Very truly yours, Michael W. Dobbins, Clerk By:________________________________ D. Jordan, Deputy Clerk 2 Loose Pleadings 1 Volume of Pleadings 3 Transcripts

Dockets.Justia.com

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I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the documents submitted herewith and annexed hereto are the original papers filed and entered of record in my office, on the dates in the List of Documents, and together with a true copy of docket entries as they appear in the official dockets in this office, consisting of: 1 Volume of Pleadings 2 Loose Pleadings 3 Transcripts

In the cause entitled: Google -v- Stroller. USDC NO. USCA NO. : 07 cv 385 : 07-1569, 07-1612 and 07-1651 IN TESTIMONY WHEREOF, I hereunto subscribed my name and affixed the seal of the aforesaid Court at Chicago, Illinois, this 12th day of Apr. 2007. MICHAEL W. DOBBINS, CLERK By: ____________________________________ D. Jordan, Deputy Clerk

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United States District Court
Northern District of Illinois 219 South Dearborn Street Chicago, Illinois 60604 I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the following is transmitted as part of the record on appeal in the cause entitled: Google -v- Stroller USDC No.: 07 cv 385 USCA No.: 07-1569, 07-1612, 07-1651 FILED DATE 1/19/07 2/12/07 3/21/07 ITEM NO. 1 21 59-1, 2 and 3 DESCRIPTION COMPLAINT by plaintiff DECLARATION of Michael T. Zeller TRANSCRIPT of proceedings before Judge Kendall held 2/5/07, 3/13/07 and 3/19/07 (3vols)

IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the aforesaid court at Chicago Illinois, this 12th day of Apr. 2007. MICHAEL W. DOBBINS, CLERK By:________________________________ D. Jordan, Deputy Clerk

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APPEAL, COLE, TERMED

United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.0 (Chicago) CIVIL DOCKET FOR CASE #: 1:07-cv-00385 Internal Use Only
Google Inc v. Central Mfg. Inc. et al Assigned to: Honorable Virginia M. Kendall Case in other court: 07-01612 07-01651 Cause: 18:1961 Racketeering (RICO) Act Plaintiff Google Inc represented byMichael Thomas Zeller Quinn Emanuel Urquhart & Oliver, LLP 865 South Figueroa Street 10th Floor Los Angeles, CA 90017 [phone] LEAD ATTORNEY ATTORNEY TO BE NOTICED William John Barrett Barack, Ferrazzano, Kirschbaum, Perlman & Nagelberg 333 West Wacker Drive Suite 2700 Chicago, IL 60606 [phone] Email: [e-mail] ATTORNEY TO BE NOTICED Date Filed: 01/19/2007 Date Terminated: 03/15/2007 Jury Demand: None Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question

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Central Mfg. Inc. also known as Central Mfg Co also known as Central Mfg Co. (Inc.) also known as Central Manufacturing Company, Inc. also known as Central Mfg. Co. of Illinois Defendant Stealth Industries, Inc. also known as Rentamark also known as Rentamark.Com Defendant Central Mfg. Inc. and Stealth Industries, by and through Richard M. Fogel, not individually but as Chapter 7 Trustee Movant Leo Stoller represented byLeo Stoller 7115 W. North Avenue Oak Park, IL 60302 PRO SE

V. Trustee Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stoller

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Date Filed 01/19/2007 01/19/2007 01/19/2007 01/19/2007 01/19/2007 01/19/2007

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Docket Text S/C 1COMPLAINT filed by Google Inc; (eav, ) (Entered: 01/22/2007) 2CIVIL Cover Sheet (eav, ) (Entered: 01/22/2007) 3ATTORNEY Appearance for Plaintiff Google Inc by Michael Thomas Zeller (eav, ) (Entered: 01/22/2007) 4ATTORNEY Appearance for Plaintiff Google Inc by William John Barrett (eav, ) (Entered: 01/22/2007) 5NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Google Inc (eav, ) (Entered: 01/22/2007) 6(Court only) RECEIPT regarding payment of filing fee paid on 1/19/2007 in the amount of $350.00, receipt number 10337772 (eav, ) (Entered: 01/22/2007) 7SUMMONS Issued as to Defendant Central Mfg. Inc. (eav, ) (Entered: 01/22/2007) 8MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to interplead (Exhibits) (eav, ) Additional attachment(s) added on 1/31/2007 (eav, ). (Entered: 01/31/2007) 9MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller (Exhibits) (eav, ) (Entered: 01/31/2007) 10MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment (eav, ) (Entered: 01/31/2007) 11MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend (eav, ) (Entered: 01/31/2007) 12NOTICE of Motion by Stealth Industries, Inc., Central Mfg. Inc. for presentment of motion to Interplead 9, motion to Suspend 10, motion to Suspend pending Appeal to lift automatic stay for Google to sue the Debtor, Leo Stoller, and 11, motion to suspend pending the Trademark Trial and Appeal Board's Decision on the defendant's motion for summary judgment 8 before Honorable Virginia M. Kendall on 2/5/2007 at 9:00 AM. (eav, ) (Entered: 01/31/2007) 13PRO SE Appearance by Leo Stolla (eav, ) (Entered: 02/01/2007) 15MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Motion to interplead 8; Motion to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller 9; Motion to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment 10; and Motion to Page 3 of 9

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suspend 11 are entered and continued to 2/20/2007 at 9:00 AM. Responses due by 2/12/2007. No replies are necessary. Mailed notice (gmr, ) (Entered: 02/06/2007) 02/06/2007 14SUMMONS Returned Executed by Google Inc as to Stealth Industries, Inc. on 1/23/2007, answer due 2/12/2007; Central Mfg. Inc. on 1/23/2007, answer due 2/12/2007. (Barrett, William) (Entered: 02/06/2007) 16MOTION by Leo Stolla to intervene (eav, ) (Entered: 02/07/2007) 17NOTICE of Motion by Leo Stolla for motion to intervene 16 before Honorable Virginia M. Kendall on 2/12/2007 at 9:00 AM. (eav, ) (Entered: 02/07/2007) 18MINUTE entry before Judge Virginia M. Kendall :Motion to intervene 16 is entered and continued to 2/20/2007 at 09:00 AM. Any response shall be filed by 2/12/2007. No reply is necessary. The presentment date of 2/12/2007 for said motion is hereby stricken. Mailed notice (gmr, ) (Entered: 02/07/2007) 19RESPONSE by Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stollerin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend10, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead8, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend9, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend11, MOTION by Plaintiff Leo Stolla to intervene16 and Joinder to Responses of Google Inc. (Alwin, Janice) (Entered: 02/12/2007) 20RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead8, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend9, MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend11, MOTION by Plaintiff Leo Stolla to intervene16 (Barrett, William) (Entered: 02/12/2007) 21RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend10 (Barrett, William) (Entered: 02/12/2007) 22DECLARATION of Michael T. Zeller regarding response in opposition to motion21, response in opposition to motion, 20 by Google 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# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit Page 4 of 9

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23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30)(Barrett, William) (Entered: 02/12/2007) 02/12/2007 23MOTION by Plaintiff Google Inc for permanent injunction (Stipulated), MOTION by Plaintiff Google Inc for judgment (Final) (Barrett, William) (Entered: 02/12/2007) 24NOTICE of Motion by William John Barrett for presentment of motion for permanent injunction, motion for judgment23 before Honorable Virginia M. Kendall on 2/20/2007 at 09:00 AM. (Barrett, William) (Entered: 02/12/2007) 25SUPPLEMENT by Google Inc to declaration,, 22 Supplemental Declaration of Michael T. Zeller (Barrett, William) (Entered: 02/13/2007) 26CERTIFICATE by Google Inc of Service of the Permanent Injunction and Final Judgment as to Defendants Central Mfg. Inc. and Stealth Industries, Inc.(Proposed Order) (Barrett, William) (Entered: 02/13/2007) 27MEMORANDUM by Google Inc in support of motion for permanent injunction, motion for judgment23 Google Inc.'s Separate Memorandum in Support of Joint Motion for Entry of Stipulated Permanent Injunction and Final Judgment (Barrett, William) (Entered: 02/13/2007) 28Notice of Filing Supplemental Authority by Leo Stolla ; Notice of filing (eav, ) (Entered: 02/20/2007) 30OBJECTION by Leo Stoller to Joint Moiton for Entry of Stipulated Permanent Inj8unction and Final Judgment; Notice of filing (Exhibits) (eav, ) (Entered: 02/21/2007) 29MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. All pending motions are taken under advisement, with a ruling by mail. Status hearing set for 3/13/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: 02/20/2007) 31REPLY by Defendant Leo Stolla to Trustee's Ominibus response in opposition to motions of debtor Leo Stoller to: (1) Intevene; (II) Interplead; (III) Suspend proceeding for sixty days to retain counsel, for defendants; (IV) Suspend pending appeal to lift automactic stay for Google to sue the debtor; and (V) Suspend pending trademark trial and appeal Board's decision for defendants' motion for summary judgment and joinder of responses by Google, Inc.; Notice of filing (eav, ) (Entered: 02/26/2007) 32MOTION by Defendant Leo Stolla to dismiss for failure to join a party Page 5 of 9

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under Rule F.R.C.P. 19 (eav, ) (Entered: 03/05/2007) 03/02/2007 33NOTICE of Motion by Leo Stolla for presentment of motion to dismiss32 before Honorable Virginia M. Kendall on 3/7/2007 at 09:00 AM. (eav, ) (Entered: 03/05/2007) 35REPLY by Defendant Leo Stolla to Google Inc.'s combined opposition to debtor Leo Stoller's motions (1) to intervene, (2) to interplead, (3) to suspend for sixty days to retain counsel for defendants and (4) to suspend pending appeal to lift automatic stay for Google to sue the debtor ; Notice of filing (eav, ) (Entered: 03/06/2007) 36REPLY by Movant Leo Stoller to Google Inc.'s opposition to debtor Leo Stoller's motion to suspend pending the trademark trial and appeal board's decision on defendant's motion for summary judgment 21 (Exhibits); Notice. (smm) (Entered: 03/08/2007) 34MINUTE entry before Judge Virginia M. Kendall :On March 2, 2007, Leo Stoller ("Stoller") filed a Motion to Dismiss for failure to join a party -- himself -- pursuant to Fed. R. Civ. P. 19. Stoller previously filed a motion to intervene in this action on February 6, 2007. The Court has not yet ruled upon that motion. As such, Stoller remains a non-party and lacks standing to file a motion pursuant to Rule 19. See Arrow v. Gambler's Supply, Inc., 55 F.3d 407, 409 (8th Cir. 1995) ("only a party may make a Rule 19 motion") (citing Thompson v. Boggs, 33 F.3d 847, 858 n. 10 (7th Cir. 1994) (noting lack of any precedent for granting a non-party's motion for joinder)). Accordingly, Stoller's Motion to Dismiss 32 is stricken and the parties need not appear on March 7, 2007.Mailed notice (gmr, ) (Entered: 03/05/2007) 37MINUTE entry before Judge Virginia M. Kendall :For the reasons set out in the Memorandum Opinion and Order, Motion to intervene 16 is denied; Motion to interplead 8 is denied; and Motions to suspend 9, 10, 11 are denied. Mailed notice (eav, ) (Entered: 03/13/2007) 38MEMORANDUM Opinion and Order Signed by Judge Virginia M. Kendall on 3/12/2007:Mailed notice(eav, ) (Entered: 03/13/2007) 39NOTICE of appeal by Leo Stoller regarding orders 37, 38 ; Notice of Filing (Fee Due) (dj, ) (Entered: 03/15/2007) 40TRANSMITTED to the 7th Circuit the short record on 3/15/07 notice of appeal39. Notified counsel (dj, ) (Entered: 03/15/2007) 41MOTION by Movant Leo Stoller for leave to appeal in forma pauperis (eav, ) (Entered: 03/16/2007) 42NOTICE of Motion by Leo Stoller for presentment of motion for leave to appeal in forma pauperis41 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) (Entered: 03/16/2007) Page 6 of 9

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43MOTION by Movant Leo Stoller under FRCP 59 and/or 60 (Exhibits) (eav, ) (Entered: 03/16/2007) 44NOTICE of Motion by Leo Stoller for presentment of under FRCP 59 and/or 60 43 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) (Entered: 03/16/2007) 45NOTICE by Leo Stoller of filing motion for leave to appeal in forma pauperis41 (eav, ) (Entered: 03/16/2007) 54ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal 39; USCA Case No. 07-1569. (smm) (Entered: 03/20/2007) 55CIRCUIT Rule 3(b) Notice. (smm) (Entered: 03/20/2007) 57MINUTE entry before Judge Virginia M. Kendall :Joint motion for entry of stipulated permanent injunction and final judgment 23 is granted. Enter permanent injunction and final judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc. Mailed notice Civil case terminated (eav, ) (Entered: 03/20/2007) 58PERMANENT INJUNCTION and Final Judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc. Signed by Judge Virginia M. Kendall on 3/15/2007:Mailed notice(eav, ) (Entered: 03/20/2007) 46MINUTE entry before Judge Virginia M. Kendall :For the reasons stated below, Movant Stoller's motion to reconsider 43 is denied. The presentment date of 3/19/2007 for said motion is hereby stricken.Mailed notice (gmr, ) Additional attachment(s) added on 3/16/2007 (gmr, ). (Entered: 03/16/2007) 47RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for leave to appeal in forma pauperis41 (Barrett, William) (Entered: 03/16/2007) 48NOTICE by Google Inc re response in opposition to motion47 Notice of Filing (Barrett, William) (Entered: 03/16/2007) 49DECLARATION of Michael T. Zeller regarding response in opposition to motion47 by Google Inc (Attachments: # 1 Exhibit A-G# 2 Exhibit H-J)(Barrett, William) (Entered: 03/16/2007) 50NOTICE by Google Inc re declaration49 Notice of Filing (Barrett, William) (Entered: 03/16/2007) 51SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 46, 34 ;(Fee Due) (dj, ) (Entered: 03/20/2007) 52DESIGNATION by Leo Stoller of the content of the record on appeal : USCA Case No. 07-1569 (dj, ) (Entered: 03/20/2007) 56MINUTE entry before Judge Virginia M. Kendall :Motion hearing held Page 7 of 9

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on 3/19/2007. For the reasons stated on the record in open court, movant Stoller's motion for permission to appeal in forma pauperis 41 is granted. Mailed notice (eav, ) (Entered: 03/20/2007) 03/19/2007 03/20/2007 03/20/2007 60REPLY by Movant Leo Stoller to Google's opposition to motion for permission to appeal in forma pauperis (eav, ) (Entered: 03/22/2007) 53TRANSMITTED to the 7th Circuit the short record on 3/20/07 notice of appeal51. Notified counsel (dj, ) (Entered: 03/20/2007) 61ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal39 ; USCA Case No. 07-1612. (rp, ) (Entered: 03/23/2007) 62CIRCUIT Rule 3(b) Notice. (rp, ) (Entered: 03/23/2007) 59TRANSCRIPT of proceedings for the following dates: 2/5/07, 3/13/07 and 3/19/07; Before the Honorable Virginia M. Kendall (3 volumes) (eav, ) (Entered: 03/22/2007) 63SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 58, 57 ; (Fee Due) (dj, ). (Entered: 03/23/2007) 64TRANSMITTED to the 7th Circuit the short record on 3/23/07 notice of appeal63. Notified counsel (dj, ) (Entered: 03/23/2007) 65ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal63 ; USCA Case No. 07-1651. (smm) (Entered: 03/27/2007) 66CIRCUIT Rule 3(b) Notice. (smm) (Entered: 03/27/2007) 67DESIGNATION of the content by Leo Stoller of record on appeal : USCA Case No. 07-1651 (dj, ) (Entered: 03/28/2007) 68COPIES OF TRANSCRIPTS of the hearing before the Honorable Virginia M. Kendall on March 13, 2007, 2) Transcript of the hearing before the Honorable Virginia M. Kendall on March 19, 2007 and 3) Transcript of the hearing before the Honorable Jack B. Schmetterer on March 1, 2007 by Leo Stoller; Notice. (td, ) (Entered: 03/29/2007) 69DESIGNATION by Leo Stoller of Additional Content of the Record on Appeal. (rp, ) (Entered: 03/30/2007) 70DESIGNATION by Leo Stoller of additional content of the record on appeal 46 : USCA Case No. 07-1651 (hp, ) (Entered: 04/12/2007)

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KEY

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All items are included in this record. (Or) All cross out items are not included in the record. S/C: These items are sent under a separate certificate. N/A: These items are not available.

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