1:13-cv-09271 - Addiction & Detoxification Institute LLC v. Peter Coleman et al.

Detail

Case Number

1:13-cv-09271

Current Status

closed

Cause of Action

Infringement

Related Case(s)

N/A

Court

Illinois Northern District Court

Plaintiff(s)

Addiction & Detoxification Institute LLC

Operating Company

Defendant(s)

Peter Coleman

Behavioral Health Care Ltd

Coleman Institute LLC

Judge

Andrea R. Wood

Filing Date

2013-12-27

Termination Date

2017-06-28

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Maria Valdez. (jn, ) (Entered: 12/27/2013)
COMPLAINT for patent infringement filed by Addiction and Detoxification Institute, LLC; Jury Demand. Filing fee $ 400, receipt number 0752-9059019.(Mirabile, Thomas) (Entered: 12/27/2013)
CIVIL Cover Sheet (Mirabile, Thomas) (Entered: 12/27/2013)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC to amend/correct Initial Complaint (Attachments: # 1 Exhibit patent)(Mirabile, Thomas) (Entered: 02/19/2014)
STATUS Report Defendants Report of the Planning Meeting by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC (Attachments: # 1 Exhibit A)(Browne, Robert) (Entered: 05/08/2014)
STATUS Report by Addiction and Detoxification Institute, LLC (Attachments: # 1 Exhibit)(Mirabile, Thomas) (Entered: 05/08/2014)
DECLARATION of Scott Barnett (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Browne, Robert) (Entered: 10/17/2014)
DECLARATION of Dr. Peter Coleman (Attachments: # 1 Exhibit A)(Browne, Robert) (Entered: 10/17/2014)
DECLARATION of Dr. Stuart Gitlow (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Browne, Robert) (Entered: 10/17/2014)
MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-9976605. (Attachments: # 1 Exhibit 1)(Ladow, Daniel) (Entered: 10/21/2014)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC to dismiss , MOTION by Plaintiff Addiction and Detoxification Institute, LLC to continue (Attachments: # 1 Exhibit, # 2 Declaration)(Mirabile, Thomas) (Entered: 11/12/2014)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC to dismiss , MOTION by Plaintiff Addiction and Detoxification Institute, LLC to continue Defendants Motion for Summary Judgment of Non-Infringement (Attachments: # 1 Exhibit, # 2 Exhibit)(Mirabile, Thomas) (Entered: 11/20/2014)
MEMORANDUM by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC in Opposition to motion to dismiss, motion to continue,, 58 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Browne, Robert) (Entered: 12/29/2014)
RESPONSE by Addiction and Detoxification Institute, LLC to MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement 31 (Attachments: # 1 Rule 56.3B Response, # 2 Declaration, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Declaration, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit)(Mirabile, Thomas) (Entered: 12/18/2015)
DECLARATION of Robert E. Browne, Jr. regarding motion to strike, motion for relief, 93 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Browne, Robert) (Entered: 01/29/2016)
DECLARATION of Dr. Stuart Gitlow regarding reply 97 Dr. Gitlows Declaration in Support of Defendants Reply (Attachments: # 1 Exhibit A)(Browne, Robert) (Entered: 01/29/2016)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC for extension of time to file response/reply as to Response, 107 , reply 109 (Attachments: # 1 Exhibit)(Mirabile, Thomas) (Entered: 03/09/2016)
MOTION to withdraw as attorney for Addiction and Detoxification Institute, LLC. New address information: addiction and detoxification institute one south centre street second floor merchantville, New Jersey 08109 (Attachments: # 1 Notice of Filing, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Mirabile, Thomas) (Entered: 05/17/2017)
MAILED patent report to Patent Trademark Office, Alexandria VA. (mjc, ) (Entered: 12/30/2013)
ORDER: Status Hearing set for 02/28/14 aat 9:30 AM. Plaintiff is directed to advise the defendants of the status hearing forthwith. Pursuant to LR 5.2(f), a stapled and/or bound paper copy of all electronically filed documents, including the complaint, must be delivered to chambers (2356) within one business day. Noncompliance with LR 5.2(f) will result in the imposition of a $200.00 fine payable to the Clerk of the Court, 219 South Dearbon Street, 20th Floor, Chicago, Illinois 60604. Parties are directed to discuss settlement of case, consent to proceed before the Magistrate Judge, and a proposed discovery plan. See Judge Gottschalls civil case management information regarding pretrial case management procedures at http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall. (gcy, ) (Entered: 01/16/2014)
NOTICE of Motion by Thomas K Mirabile for presentment of before Honorable Joan B. Gottschall on 2/28/2014 at 09:30 AM. (Mirabile, Thomas) (Entered: 02/19/2014)
ATTORNEY Appearance for Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC by Robert Edward Browne, Jr (Browne, Robert) (Entered: 02/20/2014)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC for extension of time to file answer Agreed Motion for Extension of Time for Defendants to Answer or Otherwise Plead (Browne, Robert) (Entered: 02/20/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion for extension of time to file answer 8 before Honorable Joan B. Gottschall on 2/28/2014 at 09:30 AM. (Browne, Robert) (Entered: 02/20/2014)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC for extension of time to file answer Amended Agreed Motion for Extension of Time for Defendants to Answer or Otherwise Plead (Browne, Robert) (Entered: 02/20/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs motion for leave to file first amended complaint 6 is granted. Agreed motion for extension of time for Defendants to answer or otherwise plead 8 is denied as moot. Amended agreed motion for extension of time for Defendants to answer or otherwise plead 10 is granted. Defendants may answer the amended complaint by 4/14/2014. Motion hearing set for 2/28/2014 is stricken. Status hearing set for 2/28/2014 is stricken and reset to 4/18/2014 at 9:30 a.m. Mailed notice (ef, ) (Entered: 02/26/2014)
Defendants ANSWER to Complaint , Affirmative Defenses, and COUNTERCLAIM filed by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC against Addiction and Detoxification Institute, LLC . by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC(Browne, Robert) (Entered: 04/14/2014)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Behavioral Health Care ltd (Browne, Robert) (Entered: 04/14/2014)
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Coleman institute LLC (Browne, Robert) (Entered: 04/14/2014)
ATTORNEY Appearance for Counter Claimants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC, Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC by Scott D Barnett (Barnett, Scott) (Entered: 04/15/2014)
MINUTE entry before the Honorable Joan B. Gottschall: By the request of the parties, Status hearing set for 4/18/2014 is stricken and reset for 5/9/2014 at 09:30 AM.Mailed notice (ef, ) (Entered: 04/16/2014)
PRETRIAL Memorandum (Mirabile, Thomas) (Entered: 04/23/2014)
PRETRIAL Memorandum (Mirabile, Thomas) (Entered: 04/23/2014)
ANSWER to counterclaim by Addiction and Detoxification Institute, LLC(Mirabile, Thomas) (Entered: 05/02/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 5/30/2014 at 9:30 AM. Mailed notice (ef, ) (Entered: 05/09/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held. Status hearing held. Initial disclosures due 6/20/2014. Initial infringement contentions due 7/7/2014. Initial non-infringement, unenforceability, and invalidity contentions due 7/21/2014. Initial response to invalidity contentions due 8/4/2014. Status hearing set for 8/8/2014 at 9:30 am. Mailed notice (ef, ) (Entered: 05/30/2014)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC for extension of time to file response/reply (Mirabile, Thomas) (Entered: 08/04/2014)
NOTICE of Motion by Thomas K Mirabile for presentment of motion for extension of time to file response/reply 24 before Honorable Joan B. Gottschall on 8/7/2014 at 09:30 AM. (Mirabile, Thomas) (Entered: 08/04/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Motion Hearing set for 8/7/2014 at 9:30 AM 25 is stricken and reset for 8/8/2014 at 09:30 AM. Mailed notice (ef, ) (Entered: 08/05/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs unopposed motion 24 for extension of time is granted. Plaintiff to respond to invalidity contentions by 8/14/14. Motion hearing set for 8/8/2014 is stricken. Status hearing set for 8/8/2014 is reset for 8/15/2014 at 9:30 a.m. Mailed notice (ef, ) (Entered: 08/05/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Status hearing held and continued to 12/5/2014 at 9:30 AM. Mailed notice (ef, ) (Entered: 08/15/2014)
MOTION by Counter Claimants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC, Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC for leave to file excess pages Defendants Motion for Leave to Exceed the Page Limit for Briefs Imposed by Local Rule 7.1 (Browne, Robert) (Entered: 10/17/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion for leave to file excess pages, 29 before Honorable Joan B. Gottschall on 10/28/2014 at 09:30 AM. (Browne, Robert) (Entered: 10/17/2014)
MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 10/17/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion for summary judgment 31 before Honorable Joan B. Gottschall on 10/28/2014 at 09:30 AM. (Browne, Robert) (Entered: 10/17/2014)
RULE 56 56.1(a)(3)Defendants Statement of Material Facts to Which There is No Genuine Dispute STATEMENT by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC (Browne, Robert) Docket Text Modified on 10/20/2014 (as, ). (Entered: 10/17/2014)
MEMORANDUM Defendants Local Rule 56.1(a)(2) Memorandum of Law in Support of Their Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 10/17/2014)
DECLARATION of Dr. Blaise Wolfrum (Browne, Robert) (Entered: 10/17/2014)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to seal document Defendants Motion for Restricting Order Pursuant to L.R. 26.2 and for Leave to File Under Seal Unredacted Copies of Certain Declarations Filed in Support of Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 10/17/2014)
MEMORANDUM in Support of Defendants Motion for Restricting Order Pursuant to L.R. 26.2 and for Leave to File Under Seal Unredacted Copies of Certain Declarations Filed in Support of Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 10/17/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to seal document, 39 before Honorable Joan B. Gottschall on 10/28/2014 at 09:30 AM. (Browne, Robert) (Entered: 10/17/2014)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to stay Defendants Motion to Stay Discovery with Respect to Pending Resolution of Their Dispositive Motion (Browne, Robert) (Entered: 10/17/2014)
MEMORANDUM in Support of Defendants Motion to Stay Discovery with Respect to Pending Resolution of Their Dispositive Motion (Browne, Robert) (Entered: 10/17/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to stay 42 before Honorable Joan B. Gottschall on 10/28/2014 at 09:30 AM. (Browne, Robert) (Entered: 10/17/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Counter Claimants Motion for leave to file excess pages 29 is granted. Mailed notice (ef, ) (Entered: 10/20/2014)
MINUTE entry before the Honorable Joan B. Gottschall: On the courts own motion, Status hearing set for 12/5/2014 is stricken and reset for 12/4/2014 at 9:30 AM in courtroom 1858. Mailed notice (ef, ) (Entered: 10/20/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Attorney Daniel Ladows application to appear pro hac vice on behalf of defendants 47 is granted. Mailed notice (ef, ) (Entered: 10/22/2014)
AGREED BRIEFING SCHEDULE FOR MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT AND STATEMENT OF NO OBJECTION AS TO THE MOTION TO FILE UNDER SEAL UNREDACTED COPIES OF CERTAIN DECLARATIONS AND MOTION TO STAY DISCOVERY (Mirabile, Thomas) (Text Modified by the Clerks Office on 10/24/2014 (gcy, ). (Entered: 10/24/2014)
NOTICE of Motion by Thomas K Mirabile for presentment of extension of time, motion for extension of time to file response/reply, motion for relief,,, 49 before Honorable Joan B. Gottschall on 10/28/2014 at 09:30 AM. (Mirabile, Thomas) (Entered: 10/24/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Defendants Motion for Restricting Order Pursuant to L.R. 26.2 and for Leave to File Under Seal Unredacted Copies of Certain Declaration Filed in Support of Defendants Motion for Summary Judgment on Non-Infringement 39 is granted. Response to motion for summary judgment 31 due 11/25/2014. Reply due 12/9/2014. Motion hearings set for 10/28/2014 32 and 41 are stricken. Motion hearings set for 10/28/2014 44 to stand. Mailed notice (ef, ) (Entered: 10/24/2014)
SEALED DOCUMENT by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC Declaration of Dr. Peter Coleman (Browne, Robert) (Entered: 10/28/2014)
SEALED DOCUMENT by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC Dr. Blasie J. Wolfrum (Browne, Robert) (Entered: 10/28/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. Defendants Motion to Stay Discovery with Respect to Pending Resolution of Their Dispositive Motion 42 is granted. The court adopts the Agreed Briefing Schedule for Motion for Summary Judgment of Non-Infringement 49 . Plaintiffs Response to the Motion for Summary Judgment of Non-Infringement is due on or before November 14, 2014. Defendants Reply in Support of the Motion for Summary Judgment of Non-Infringement is due on or before December 5, 2014. Status hearing set for 12/4/2014 is stricken and reset for 12/16/2014 at 9:30 AM in courtroom 1858. Mailed notice (ef, ) (Entered: 10/29/2014)
NOTICE of Motion by Thomas K Mirabile for presentment of motion to dismiss, motion to continue 55 , motion for summary judgment 31 before Honorable Joan B. Gottschall on 11/20/2014 at 09:30 AM. (Mirabile, Thomas) (Entered: 11/12/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Plaintiffs Motion to Dismiss or in the Alternative, Continue Defendants Motion for Summary Judgment of Non-Infringement Pursuant to Rule 56(d) 55 is denied without prejudice. NO COURTESY COPY DELIVERED TO CHAMBERS. Motion hearing set for 11/20/2014 is stricken. Mailed notice (ef, ) (Entered: 11/19/2014)
NOTICE of Motion by Thomas K Mirabile for presentment of motion to dismiss, motion to continue,, 58 before Honorable Joan B. Gottschall on 11/25/2014 at 09:30 AM. (Mirabile, Thomas) (Entered: 11/20/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Motion hearing held. The Court construes plaintiffs Motion to Dismiss or, in the Alternative, Continue Defendants Motion for Summary Judgment of Non-Infringement 58 as a Rule 56(f) Affidavit. Defendants to respond by 12/28/2014. Briefing schedule set in the Courts order 54 is stricken for the time being. Status hearing set for 12/16/2014 is stricken and reset for 1/16/2014 at 9:30 AM. Mailed notice (ef, ) (Entered: 11/25/2014)
MOTION by Counter Claimants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC, Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to seal document certain illustrative patient records (Browne, Robert) (Entered: 12/29/2014)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to seal document, 61 before Honorable Joan B. Gottschall on 1/7/2015 at 09:30 AM. (Browne, Robert) (Entered: 12/29/2014)
MEMORANDUM of Law in Support of Defendants Motion to Seal Certain Illustrative Patient Records (Browne, Robert) (Entered: 12/29/2014)
MINUTE entry before the Honorable Joan B. Gottschall: Defendants motion 61 is granted insofar as it seeks an order granting leave to file under seal certain patient records in support of their memorandum of law in opposition to Plaintiffs Rule 56(d) motion for continuance. Defendants may file those patients records under seal. For future reference, however, when parties need to keep certain information confidential, the proper procedure is to file a public document and a sealed supplement containing (i.e., highlighting or underlining) the confidential information. Litigants may file entire documents under seal only where every aspect of the sealed filing is confidential. See Methodist Hospitals, Inc. v. Sullivan, 91 F.3d 1026,1031-32 (7th Cir. 1996). Motion hearing set for 1/7/2015 is stricken. Mailed notice (ef, ) (Entered: 01/05/2015)
SEALED EXHIBIT by Counter Claimants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC, Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC Ex. A to Defendants Opposition to Plaintiffs Rule 56(d) Motion (Browne, Robert) (Entered: 01/05/2015)
MINUTE entry before the Honorable Joan B. Gottschall: Case called for status. Due to the courtrooms sound equipment, the plaintiff was unable to attend the status hearing telephonically. The court will set the next status date with its ruling on plaintiffs pending motion to dismiss, or, in the alternative, continue defendants motion for summary judgment of non-infringement pursuant to Rule 58(d) 58 . Mailed notice (ef, ) (Entered: 01/17/2015)
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Signed by Executive Committee on 2/6/2015. (tg, ) (Entered: 02/10/2015)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 3/10/2015 at 09:00 AM. Mailed notice (ef, ) (Entered: 02/23/2015)
STATUS Report Joint Reassignment Status Report of the Parties by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC (Browne, Robert) (Entered: 02/24/2015)
CERTIFICATE of Service by Robert Edward Browne, Jr on behalf of Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC regarding status report 70 (Browne, Robert) (Entered: 02/24/2015)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Pursuant to the discussion held in open court, discovery in this matter shall remain stayed until the next status hearing. Status hearing set for 4/28/2015 at 9:00 AM. Mailed notice (ef, ) (Entered: 03/12/2015)
MINUTE entry before the Honorable Andrea R. Wood: On the Courts own motion, the status hearing set for 4/28/2015 is stricken and reset for 5/20/2015 at 09:00 AM. Mailed notice (ef, ) (Entered: 04/27/2015)
MINUTE entry before the Honorable Andrea R. Wood: On the Courts own motion, the status hearing set for 5/20/2015 is stricken and reset for 6/3/2015 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/19/2015)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 6/3/2015 is stricken. The Court will rule on the pending motion to dismiss or, in the alternative, to continue Defendants motion for summary judgment 58 in short order. Mailed notice (ef, ) (Entered: 06/02/2015)
ORDER: Plaintiffs motion pursuant to Federal Rule of Civil Procedure 56(d) 58 is denied. The Court finds that Plaintiff has not shown specified reasons why it cannot present facts essential to justify its opposition to Defendants motion for summary judgment 31 . At the next status hearing, the parties shall be prepared to set a schedule for the completion of summary judgment briefing. Status hearing set for 10/15/2015 at 9:00 AM. Signed by the Honorable Andrea R. Wood on 9/30/2015. (For further details see order.) Mailed notice(ef, ) (Entered: 09/30/2015)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. The Court sets the following briefing schedule for Defendants motion for summary judgment 31 : Plaintiff shall have until 11/30/2015 to file a response, including any supporting materials, and Defendants shall have until 12/21/2015 to reply. Status hearing set for 2/9/2016 at 9:00 AM. Mailed notice (ef, ) (Entered: 10/19/2015)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC for leave to file excess pages (Mirabile, Thomas) (Entered: 11/30/2015)
NOTICE of Motion by Thomas K Mirabile for presentment of motion for leave to file excess pages 78 before Honorable Andrea R. Wood on 12/3/2015 at 09:00 AM. (Mirabile, Thomas) (Entered: 11/30/2015)
Notice of Submission of Plaintiffs Reply to Defendants Motion for Summary Judgment Via Confidential Means by Addiction and Detoxification Institute, LLC (Mirabile, Thomas) (Entered: 11/30/2015)
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs Motion for leave to file excess pages 78 is granted. Plaintiff is granted leave to file a brief of up to 20 pages in length. The motion presentment dates of 12/3/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 12/02/2015)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC for extension of time Defendants Motion for Extension of Time to Reply in Support of its Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 12/07/2015)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of extension of time, 82 before Honorable Andrea R. Wood on 12/10/2015 at 09:00 AM. (Browne, Robert) (Entered: 12/07/2015)
MINUTE entry before the Honorable Andrea R. Wood: Defendants motion for an extension of time to reply in support of its motion for summary judgment of non-infringement 82 is granted. Defendant shall have until 1/29/2015 to file its reply. The reply may consist of up to 20 pages. The motion presentment date of 12/10/2015 is stricken. Parties need not appear. In addition, with respect to Plaintiffs response to Defendants motion, the Court notes that Plaintiff has not yet filed that response. (Plaintiff does, however, appear to have served the brief and its supporting exhibits on Defendant.) Instead, Plaintiff filed a document captioned "Notice of Submission of Plaintiffs [sic] Reply to Defendants [sic] Motion for Summary Judgment Via Confidential Means." (Dkt. No. 80.) In that Notice of Submission, Plaintiff claims that there is material in his response brief and exhibits that "fall[s] within the protective order issued in this matter" and therefore Plaintiff has hand-delivered a copy of the response to the judges chambers "per the Judges [sic] standing orders for courtesy copies." Additionally, Plaintiff notes that he "attempted to file under seal in the ECF system but was not allowed to do so." Contrary to Plaintiffs assertions, however, the docket does not reflect that any protective order has been entered by the Court or that any motion for entry of a protective order has been filed by any party. The lack of a protective order having been entered in this case likely explains Plaintiffs initial difficulty in filing its response under seal through the ECF system. In any case, delivering a "courtesy copy" of a document to the judges chambers is not a substitute for filing the document. Thus, Plaintiff must properly file its response through the ECF system using the procedure set out in Local Rule 26.2. Plaintiff may contact the Clerks Office for assistance, if necessary. Plaintiff shall properly file its response brief and exhibits by 12/14/2015. If Plaintiff desires entry of a protective order in this matter, he should move for entry of such an order in accordance with the procedures of this Court. Status hearing set for 2/9/2016 at 9:00 AM remains firm. Mailed notice (ef, ) (Entered: 12/09/2015)
Motion for leave to file under seal by Addiction and Detoxification Institute, LLC (Mirabile, Thomas) (Docket Text Modified by Judicial Staff) (ef, ). (Entered: 12/11/2015)
NOTICE of Motion by Thomas K Mirabile for presentment of before Honorable Andrea R. Wood on 12/15/2015 at 09:00 AM. (Mirabile, Thomas) (Entered: 12/11/2015)
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs request for leave to place response to motion for summary judgment under seal 85 is granted. Plaintiff is granted leave to file its response to Defendants motion for summary judgment of non-infringement under seal by 12/18/2015. Despite granting the motion, the Court observes that Plaintiff still seems to misunderstand the local rules regarding filing under seal in this District. Despite Plaintiffs suggestion to the contrary, the protective order referenced in Local Patent Rule 1.4 does not authorize the filing of documents under seal (much less delivering a copy to chambers in lieu of filing). Rather, it states as follows: "This protective order does not, by itself, authorize the filing of any document under seal. No document may be filed under seal without prior leave of court. A party wishing to file under seal a document containing Confidential or Highly Confidential information must move the Court consistent with Local Rule 26.2(b) and prior to the due date for the document, for permission to file the document under seal." (N.D. Ill. Local Patent Rules, App. B at para. 7.) Plaintiffs confusion about the proper procedure is perplexing given that the previously-assigned judge spelled out the procedure in a minute order dated January 5, 2015. See Dkt. No. 65. (In its motion, Plaintiff refers to the previously-assigned judge as "Judge Ludlow;" but there is no judge by that name in this District.) As noted in the January 5 order, when parties need to keep certain information confidential, the proper procedure is to file a public version of the document that has been redacted or otherwise formatted to exclude the confidential information, along with a sealed supplement containing the confidential information. Litigants may file entire documents under seal only where every aspect of the sealed filing is confidential. To avoid delay in the progress of the summary judgment briefing, the Court is granting Plaintiff leave to file his response to Defendants summary judgment motion under seal despite his failure to follow the rules. Consistent with Local Rule 26.2, however, Plaintiff still must file a public version of the submission with only the confidential material excluded. If Plaintiff takes the position that his entire submission is confidential and must be kept under seal, then he must file a supplement to his motion for leave to file under seal explaining why good cause exists to allow the entire document to be maintained under seal. Plaintiff shall make these filings by 12/18/2015 as well. Finally, Plaintiff is directed to review Local Rule 26.2 before attempting any further sealed filings with this Court. The motion presentment date of 12/15/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 12/15/2015)
SEALED REPLY by Addiction and Detoxification Institute, LLC to MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement 31 (Mirabile, Thomas) (Entered: 12/18/2015)
SEALED REPLY by Addiction and Detoxification Institute, LLC to MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement 31 (Mirabile, Thomas) (Entered: 12/18/2015)
SEALED REPLY by Addiction and Detoxification Institute, LLC to MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement 31 (Mirabile, Thomas) (Entered: 12/18/2015)
SEALED REPLY by Addiction and Detoxification Institute, LLC to MOTION by Defendants Peter Coleman, Coleman institute LLC, Behavioral Health Care ltd for summary judgment Defendants Motion for Summary Judgment of Non-Infringement 31 (Mirabile, Thomas) (Entered: 12/18/2015)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to strike response to motion,, 92 , reply, 89 Defendants Motion to Strike (Browne, Robert) (Entered: 01/29/2016)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to strike, motion for relief, 93 before Honorable Andrea R. Wood on 2/9/2016 at 09:00 AM. (Browne, Robert) (Entered: 01/29/2016)
MEMORANDUM by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC in support of motion to strike, motion for relief, 93 Defendants Memorandum of Law in Support of Their Motion to Strike (Browne, Robert) (Entered: 01/29/2016)
REPLY by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to motion for summary judgment 31 Reply in Support of Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 01/29/2016)
RULE 56 1(b)(3) Statement by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC regarding motion for summary judgment 31 (Browne, Robert) (Entered: 01/29/2016)
MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to seal document declaration 96 , reply 97 , MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to seal Defendants Motion for Restricting Order Pursuant to L.R. 26.2 and for Leave to File Under Seal Certain Portions of Exhibit B filed in Support of Defendants Motion to Strike and Certain Statements in the Reply in Support of Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 01/29/2016)
NOTICE of Motion by Robert Edward Browne, Jr for presentment of motion to seal document,,,,,, motion for relief,,,,, 100 before Honorable Andrea R. Wood on 2/9/2016 at 09:00 AM. (Browne, Robert) (Entered: 01/29/2016)
MEMORANDUM by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC in support of motion to seal document,,,,,, motion for relief,,,,, 100 (Browne, Robert) (Entered: 01/29/2016)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC for extension of time to file response/reply as to motion to strike, motion for relief, 93 (Mirabile, Thomas) (Entered: 02/02/2016)
SUR-REPLY by Plaintiff Addiction and Detoxification Institute, LLC (Mirabile, Thomas) (Entered: 02/02/2016)
Plaintiffs Motion for Leave to File a Surreply to Defendants Reply Brief NOTICE of Motion by Thomas K Mirabile for presentment of (Mirabile, Thomas) (Entered: 02/02/2016)
NOTICE of Motion by Thomas K Mirabile for presentment of (Mirabile, Thomas) (Entered: 02/02/2016)
RESPONSE by Counter Claimants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC, Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to sur-reply 104 Response In Opposition To Plaintiffs Motion For Leave To File Surreply (Browne, Robert) (Entered: 02/08/2016)
MINUTE entry before the Honorable Andrea R. Wood: The status and motion hearing on 2/9/2016 is stricken. Parties need not appear. Defendants motion to strike 93 and Plaintiffs agreed motion for one month extension of time to respond to Defendants motion to strike 103 are taken under advisement for ruling by separate order. Defendants motion for restricting order and leave to file under seal 100 is granted. Defendants are granted leave to file under seal unredacted versions of Exhibit B and Defendants Reply. Status hearing set for 3/10/2016 at 9:00 AM. Mailed notice (vcf, ) (Entered: 02/08/2016)
SEALED REPLY by Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to reply 97 Unredacted Reply in Support of Defendants Motion for Summary Judgment of Non-Infringement (Browne, Robert) (Entered: 02/09/2016)
SEALED EXHIBIT by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC Unredacted Exhibit B to Declaration of Robert E. Browne, Jr. in Support of Motion to Strike regarding declaration 96 (Browne, Robert) (Entered: 02/09/2016)
NOTICE of Motion by Thomas K Mirabile for presentment of motion for extension of time to file response/reply, motion for relief, 111 before Honorable Andrea R. Wood on 3/10/2016 at 09:00 AM. (Mirabile, Thomas) (Entered: 03/09/2016)
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs motion for an extension of time to respond to Defendants motion to strike, to reply to Defendants response in opposition to Plaintiffs motion for leave to file surreply and to reset date for status hearing 111 is granted in part and denied in part. The Court grants the request to reset the 3/10/2016 status hearing. The status hearing is stricken and reset for 3/30/2016 at 9:00 AM. The Court takes under advisement Plaintiffs motion for an extension of time to respond to Defendants motion to strike. However, the Court has not requested, nor does it desire, a reply in support of Plaintiffs motion for leave to file a surreply. Accordingly, the motion for an extension of time to file such a reply is denied. Plaintiff should not file a reply in support of its motion to file a surreply. The motion presentment date of 3/10/2016 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 03/10/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Plaintiffs motion for extension of time to file response 103 in opposition to motion to strike is granted. Plaintiffs response due 4/27/16. Status hearing set for 5/31/16 at 9:00 a.m. Mailed notice (ao,) (Entered: 04/05/2016)
SEALED REPLY by Addiction and Detoxification Institute, LLC to MOTION by Defendants Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC to strike response to motion,, 92 , reply, 89 Defendants Motion to Strike 93 (Mirabile, Thomas) (Entered: 04/27/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 5/31/2016 is reset for 7/13/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/27/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/13/2016 is stricken and reset for 8/30/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 07/12/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 8/30/2016 is stricken and reset for 10/4/2016 at 9:00 AM. Mailed notice (meg, ) (Entered: 08/26/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 10/4/2016 is stricken and reset 11/3/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 10/03/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 11/3/2016 is stricken and reset for 12/5/2016 at 09:00 AM.Mailed notice (ef, ) (Entered: 11/01/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/5/2016 is stricken and reset for 1/31/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 12/02/2016)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/31/2017 is stricken and reset for 4/5/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 01/30/2017)
MOTION by Attorney Scott D. Barnett to withdraw as attorney for Behavioral Health Care ltd, Peter Coleman, Coleman institute LLC. No party information provided (Barnett, Scott) (Entered: 02/13/2017)
NOTICE of Motion by Scott D Barnett for presentment of motion to withdraw as attorney 123 before Honorable Andrea R. Wood on 2/17/2017 at 09:30 AM. (Barnett, Scott) (Entered: 02/13/2017)
MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel to withdraw as attorney 123 is granted. Attorney Scott D. Barnett is withdrawn as counsel of record. The motion presentment date of 2/17/2017 is stricken. Parties need not appear. Counsel is reminded that all motions are to be noticed for presentment for a day and time at which the court hears motions. Mailed notice (ef, ) (Entered: 02/15/2017)
NOTICE by Robert Edward Browne, Jr of Change of Address (Browne, Robert) (Entered: 03/15/2017)
MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 4/5/2017 is stricken and reset for 5/9/2017 at 9:00 AM. Mailed notice (meg, ) (Entered: 04/04/2017)
MOTION by Plaintiff Addiction and Detoxification Institute, LLC to continue (Mirabile, Thomas) (Entered: 05/04/2017)
MINUTE entry before the Honorable Andrea R. Wood: Plaintiffs counsel is reminded that Judge Wood requires motions to be noticed for hearing on one of her scheduled motion hearing days at least three business days after the motion is filed. Plaintiffs Motion to continue 128 is granted. Status hearing set for 5/9/2017 is stricken and reset for 5/25/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/08/2017)
MINUTE entry before the Honorable Andrea R. Wood: Motion Hearing set for 5/25/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/22/2017)
MINUTE entry before the Honorable Andrea R. Wood: Motion and Status hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, motion by counsel to withdraw as attorney 130 is granted. Attorney Thomas Mirabile is withdrawn as counsel of record for Plaintiff. Plaintiff shall retain new counsel and that counsel shall file an appearance prior to the next status hearing. Status hearing set for 6/29/2017 at 9:00 AM. The Clerks Office is directed to seal Exhibits 2-3 attached to motion to withdraw [130-2][130-3]. Mailed notice (ef, ) (Entered: 05/25/2017)
STIPULATION of Dismissal Joint Stipulation and Proposed Order of Dismissal of Plaintiffs Claims and Defendants Counterclaims with Prejudice (Browne, Robert) (Entered: 06/27/2017)
MINUTE entry before the Honorable Andrea R. Wood: The parties having filed a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) 133 , this case is dismissed with prejudice and with each party to bear its own attorneys fees and costs. All pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (ef, ) (Entered: 06/28/2017)
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