CLOSED, LC01

Eastern District of Washington
U.S. District Court (Spokane)
CIVIL DOCKET FOR CASE #: 2:96-cv-00304-WFN


Rockwell Publishing, et al v. Randock NW Inc, et al
Assigned to: Senior Judge Wm. Fremming Nielsen
Demand: $0
Cause: 28:1338 Copyright Infringement

Date Filed: 05/31/1996
Date Terminated: 10/22/1997
Jury Demand: None
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Rockwell Publishing Company Inc
a Washington corporation
represented byDouglas Edward Schwed
Schwed & Gordon
13218 NE 20th
Suite 100
Bellevue, WA 98005
206-641-6165
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
David Rockwell
doing business as
Rockwell International Corporation
formerly known as
National Real Estate Institute
represented byDouglas Edward Schwed
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Jane Rockwell
doing business as
Rockwell International Corporation
formerly known as
National Real Estate Institute
represented byDouglas Edward Schwed
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Rockwell International Corporation
formerly known as
National Real Estate Institute
represented byDouglas Edward Schwed
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
National Real Estate Institute represented byDouglas Edward Schwed
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Randock Northwest Inc
a Washington corporation
doing business as
Century 21 Real Estate Institute
represented byJohn Patrick Bowman
Keefe King & Bowman
601 W Main Avenue
Suite 1102
Spokane, WA 99201
509-624-8988
Email: jthiemens@kkbowman.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
Winston & Cashatt - SPO
601 W Riverside Avenue
Suite 1900
Spokane, WA 99201-0695
509-838-6131
Email: slf@winstoncashatt.com
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Century 21 Real Estate Institute represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Steven Randock
husband and their marital community
represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Dixie Randock
wife and their marital community
represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Randock Northwest Inc
doing business as
Century 21 Real Estate Institute
represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Century 21 Real Estate Institute represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Steven Randock represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Dixie Randock represented byJohn Patrick Bowman
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Stephen L Farnell
(See above for address)
TERMINATED: 12/11/1996
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

05/31/19961COMPLAINT For Copyright And Trademark Infringement, And Breach Of Contract Fee-status: pd Receipt #: 35169 (FmrEmp) (Entered: 06/03/1996)
05/31/19962MOTION by plaintiff for temporary restraining order and Order To Show Cause re preliminary injunction (FmrEmp) (Entered: 06/03/1996)
05/31/19963Memorandum by plaintiff in support of motion for temporary restraining order [2-1] and preliminary injunction (FmrEmp) (Entered: 06/03/1996)
05/31/19964Declaration by plaintiff of Eric Schram (Attachments in separate expando) (FmrEmp) (Entered: 06/03/1996)
05/31/19965Declaration by plaintiff of David Rockwell (Attachments in separate expando) (FmrEmp) (Entered: 06/03/1996)
05/31/19966Declaration by plaintiff of John Hunt (FmrEmp) (Entered: 06/03/1996)
05/31/19967Declaration by plaintiff of Kelley Shanley (FmrEmp) (Entered: 06/03/1996)
05/31/19968TEMPORARY RESTRAINING ORDER by Senior Judge Justin L. Quackenbush (It is ordered that the the defendants are temporarily enjoined and restrained from copying plaintiff's copyrighted materials; enjoined from destroying pltf's materials; defts are enjoined destroying any similar materials produced by them; pltf's to file either a cash or surety bond in the amount of $5,000.00 by 6/4/96 @ 5:00 PM; defet's shall show cause on 6/7/96 @ 1:30 PM) (cc: all counsel) (FmrEmp) (Entered: 06/03/1996)
05/31/19968. . . and ORDER TO SHOW CAUSE by Senior Judge Justin L. Quackenbush (It is additionally ordered that a show cause hrg in front of WFN is set for 1:30 6/7/96 at Spokane, WA) (cc: all counsel) (FmrEmp) (Entered: 06/03/1996)
05/31/1996 HEARING RE: TRO: S/JLQ; no court reporter (PW) (Entered: 06/04/1996)
06/04/1996 Proposed TRO Bond (re temporary restraining order [8-1]) submitted by plaintiff (FmrEmp) (Entered: 06/04/1996)
06/06/19969Surety Bond filed in amount of $ 5,000 Bonding Company American Bankers Ins Co of FLoida, Bond No. 0351924 by plaintiff Rockwell Publishing (PW) (Entered: 06/06/1996)
06/06/1996  TELEPHONIC CONFERENCE HELD S/WFN; Topper Baker court reporter (PW) Modified on 06/06/1996 (Entered: 06/06/1996)
06/07/199610ORDER by Chief Judge Wm. Fremming Nielsen striking the 6/7/96 show cause hearing; consolidating the show cause and preliminary injunction hearing; setting motion re preliminary injunction [2-2] with oral arg 9:00 9/13/96 ; Show cause hrg set 9:00 9/13/96 the Temporary Restraining Order is EXTENDED under its current provisions through 9/13/96 (cc: all counsel) (PW) (Entered: 06/07/1996)
06/07/199611ATTORNEY APPEARANCE for defendants Randock NW Inc, Century 21 Real Est, Steven Randock, Dixie Randock ; Atty Stephen L Farnell appearing (PW) (Entered: 06/07/1996)
06/10/1996  Law Clerk assigned to case is 1 (admin) (Entered: 06/10/1996)
07/02/199612Defendants' ANSWER to complaint and COUNTERCLAIM (ECH) (Entered: 07/03/1996)
07/05/199613SUMMONS/RETURN OF SERVICE executed upon defendant Randock NW Inc, defendant Steven Randock, defendant Dixie Randock (ECH) (Entered: 07/05/1996)
08/13/199614Status Conference Order by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: ...the Temporary Restraining Order Bond posted in the above-entitled matter is hereby RELEASED. The preliminary injunction/show cause consolidated hearing set for September 13, 1996, at 9:00 a.m. is CONTINUED until February 4, 1997, at 9:00 a.m., and CONSOLIDATED with the trial on the merits. ;discovery to be complete 4:30 12/20/96 ;trial 9:00 2/4/97 Spokane, WA (cc:all counsel) (ECH) (Entered: 08/13/1996)
08/13/199615Stipulation Re: Permanent Injunction (ECH) (Entered: 08/13/1996)
12/11/199616Substitution of counsel: John Patrick Bowman replacing attorney Stephen L Farnell for Steven Randock, attorney Stephen L Farnell for Century 21 Real Est, attorney Stephen L Farnell for Randock NW Inc, attorney Stephen L Farnell for Dixie Randock, attorney Stephen L Farnell for Steven Randock, attorney Stephen L Farnell for Century 21 Real Est, attorney Stephen L Farnell for Randock NW Inc, attorney Stephen L Farnell for Dixie Randock (ECH) (Entered: 12/11/1996)
01/28/1997 Proposed Stipulation & Order Of Continuance Of Trial Date & Amended Scheduling Order (ECH) (Entered: 01/29/1997)
01/29/199717Stipulation and ORDER by Chief Judge Wm. Fremming Nielsen : ; cutoff date for Discovery 4:30 3/7/97 ;Pla disp mtn ddl set 4:30 3/14/97 ;Dft's disp mtn ddl set 4:30 3/14/97 ; bench trial is continued to 9:00 5/27/97 Spokane, WA , ; Dispositive mtn hrg is set for 9:00 4/14/97 (cc: all counsel) (ECH) (Entered: 01/29/1997)
03/10/1997 Pink slip routed ; Telephone status conf set 7:30 3/14/97 Spokane, WA (FmrEmp) (Entered: 03/10/1997)
03/14/1997  TELEPHONIC STATUS CONFERENCE HELD Hrg Location: S/WFN; No court reporter - Order Forthcoming (LAM) (Entered: 03/14/1997)
03/17/199718Status Conference Order by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: 1. All dates set in the Stipulation and Order of Continuance of Trial Date and Amended Scheduling Order filed January 29, 1997, are STRICKEN, including the trial date of May 27, 1997. 2. A telephonic status conference shall be held in this matter on April 16, 1997, at 8:00 a.m., with the Plaintiffs to initiate the call. Scheduling dates will be set at this conference if the matter has not been resolved by settlement. tele status conference set 8:00 4/16/97 (cc:all counsel) (ECH) (Entered: 03/17/1997)
04/16/1997 MINUTES: TELEPHONE STATUS CONFERENCE HELD : S/WFN; no court reporter (PW) (Entered: 04/16/1997)
04/16/199719Status Conference Order by Chief Judge Wm. Fremming Nielsen a motion to amend complaint or add parties shall be filed and served no later than 6/9/97; Disp mtn ddl: 08/08/97; Mtn in limine ddl: 10/17/97 ;discovery to be complete 7/25/97 ;proposed PTO due ;trial 9:00 10/28/97 Spokane, WA ; telephonic dispositive mtn hrg 8:00 9/22/97 Spokane, WA (cc:all counsel) (PW) (Entered: 04/16/1997)
06/09/199720MOTION by Rockwell Publishing For Order Authorizing Temporary Removal Of Exhibits From Court Files (ECH) (Entered: 06/10/1997)
06/09/199721ORDER by Chief Judge Wm. Fremming Nielsen granting motion For Order Authorizing Temporary Removal Of Exhibits From Court Files (Attachments To Declaration of Eric Schram - #4 - Exhibit A Washington Real Estate Fundamentals Testbook - Exhibit B Washington Real Estate Fundamentals Workbook) [20-1] (cc: all counsel) (ECH) (Entered: 06/10/1997)
06/17/199722Proof of service of: Subpoena (ECH) (Entered: 06/17/1997)
07/14/199723Stipulation To Allow Filing Of Plaintiffs' Amended Complaint (ECH) (Entered: 07/14/1997)
07/14/199724AMENDED COMPLAINT For Copyright And Trademark Infringement And Breach Of Contract re:complaint [1-1] (ECH) (Entered: 07/14/1997)
08/08/199725Defendants' MOTION To Dismiss Steve Randock Ans An Individual Defendant And To Dismiss Plaintiffs' State Law Claims (ECH) (Entered: 08/08/1997)
08/08/199726Defendants' Memorandum Of Points & Authorities In Support Of Motion To Dismiss Steve Randock Ans An Individual Defendant And To Dismiss Plaintiffs' State Law Claims [25-1] (ECH) (Entered: 08/08/1997)
08/08/199727Notice by defendants of hearing setting motion To Dismiss Steve Randock Ans An Individual Defendant And To Dismiss Plaintiffs' State Law Claims [25-1] (tele argument) 8:00 9/22/97 (ECH) (Entered: 08/08/1997)
09/08/199728Plaintiffs' Response Memorandum In Support Of Denying Defendants' Pre-Trial Dispositive Motions (ECH) (Entered: 09/08/1997)
09/17/199729Defendants' Reply Brief Re: Defendants' Pre-Trial Dispositive Motions (ECH) (Entered: 09/18/1997)
09/19/199730Supplement Plaintiffs' Response [28-1] (ECH) (Entered: 09/22/1997)
09/22/1997 Motions Hearing : before Chief Judge Wm. Fremming Nielsen Hrg Location: Spokane; Topper Baker court reporter (ECH) (Entered: 09/22/1997)
09/30/199731ORDER by Chief Judge Wm. Fremming Nielsen IT IS ORDERED that: Defendants' Motion to Dismiss Steven Randock as an individual defendant is DENIED with a right to renew. Defendants' Motion to Dismiss State Law Claims is GRANTED IN PART and DENIED IN PART. Plaintiffs' ...for breach of Contract is DISMISSED except on the limited factual basis that Defendants networked the CD-ROM.[25-1] (cc: all counsel) (ECH) (Entered: 09/30/1997)
10/07/199732Defendants' Witness List (ECH) (Entered: 10/07/1997)
10/07/199732...Defendants' Exhibit List For Trial (ECH) (Entered: 10/07/1997)
10/20/199733Defendant Randocks' Proposed Pre-Trial Order (ECH) (Entered: 10/22/1997)
10/20/199734INDEX TO DEFENDANTS' TRIAL BRIEF - DEFENDANTS' TRIAL MEMORANDUM OF POINTS & AUTHORITIES (ECH) (Entered: 10/22/1997)
10/21/199735Defendants' Proposed Findings Of Fact And Conclusion Of Law law (ECH) (Entered: 10/22/1997)
10/22/199736ORDER CLOSING FILE by Chief Judge Wm. Fremming Nielsen to dismiss case (cc: all counsel) COB-155-4 (ECH) (Entered: 10/22/1997)
01/15/199837JOINT MOTION for orer approving stipulation re permanent injunction , and for order of dismissal with prejudice (LE) (Entered: 01/15/1998)
01/15/1998 Proposed Order Approving Stipulation re: permanent injunction [37-1]; and order of dismissal with prejudice [37-2] submitted by plaintiff, defendant, counter-claimant (LE) (Entered: 01/15/1998)
01/20/199838ORDER APPROVING STIPULATION RE: PERMANENT INJUNCTION; AND ORDER OF DISMISSAL WITH PREJUDICE by Chief Judge Wm. Fremming Nielsen granting motion for order approving stipulation re permanent injunction [37-1], granting motion for order of dismissal with prejudice [37-2] (based upon the joint representations of counsel herein that a confidential Release and Settlement Agreement has been executed) COB: 156-59 (cc: all counsel) (LE) (Entered: 01/20/1998)