1:18-cv-03984 - Woodfold Mfg Inc v. Emi Porta Opco LLCReport Error
Detail
Case Number
1:18-cv-03984Current Status
closedCause of Action
Infringement
Related Case(s)
N/ACourt
Illinois Northern District CourtPlaintiff(s)
Woodfold Mfg Inc
Operating CompanyDefendant(s)
Emi Porta Opco LLC
Judge
Robert M. Dow, JrFiling Date
2018-06-07Termination Date
2021-02-25Dockets
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| CIVIL DOCKET |
| UPDATED CIVIL DOCKET |
| CASE ASSIGNED to the Honorable Robert M. Dow, Jr. Designated as Magistrate Judge the Honorable Daniel G. Martin. (pj, ) (Entered: 06/07/2018) |
| COMPLAINT filed by Woodfold Mfg, Inc.; Jury Demand. Filing fee $ 400, receipt number 0752-14563166. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Murray, Lynn) (Entered: 06/07/2018) |
| CIVIL Cover Sheet (Attachments: # 1 Attachment to Civil Cover Sheet)(Murray, Lynn) (Entered: 06/07/2018) |
| MEMORANDUM by EMI Porta OPCO LLC in support of motion to stay 22 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bishop, Edward) (Entered: 07/27/2018) |
| DECLARATION of Nicholas F. Aldrich regarding response to motion, 24 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Aldrich, Nicholas) (Entered: 07/27/2018) |
| DECLARATION of Nicholas F. Aldrich regarding response to motion, 24 , declaration 25 - Corrected (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Aldrich, Nicholas) (Entered: 07/27/2018) |
| REPLY by EMI Porta OPCO LLC to MOTION by Defendant EMI Porta OPCO LLC to stay regarding status hearing,,, set deadlines,,, set motion and R&R deadlines/hearings,, 21 Pending Post-Grant Review of the U.S. Patent No. 9,879,471 22 , response in opposition to motion, 27 (Attachments: # 1 Exhibit A)(Bishop, Edward) (Entered: 09/07/2018) |
| MOTION by Plaintiff Woodfold Mfg, Inc. for leave to file Surreply (Attachments: # 1 Appendix A)(Aldrich, Nicholas) (Entered: 09/18/2018) |
| MOTION by Plaintiff Woodfold Mfg, Inc.Leave to Serve Pre-Answer Discovery (Attachments: # 1 Exhibit 1)(Aldrich, Nicholas) (Entered: 10/05/2018) |
| STATUS Report - Notice of Entry of PTAB Decision Denying Post Grant Review by Woodfold Mfg, Inc. (Attachments: # 1 Exhibit 1)(Aldrich, Nicholas) (Entered: 03/12/2019) |
| Defendants ANSWER to Complaint with Jury Demand , Affirmative Defenses, and COUNTERCLAIM filed by EMI Porta OPCO LLC against Woodfold Mfg, Inc. . by EMI Porta OPCO LLC (Attachments: # 1 Exhibit A)(Bishop, Edward) (Entered: 04/25/2019) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Attachments: # 1 Appendix A, # 2 Appendix B)(Aldrich, Nicholas) (Entered: 04/25/2019) |
| MOTION by Defendant EMI Porta OPCO LLC to compel Complete Initial Disclosures as to Woodfolds Computation of Damages (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bishop, Edward) (Entered: 06/21/2019) |
| DECLARATION of Nika Aldrich regarding sealed response 68 , response in opposition to motion 69 (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)(Aldrich, Nicholas) (Entered: 07/03/2019) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit F)(Aldrich, Nicholas) (Entered: 07/03/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. to seal document sealed response 68 , sealed document 72 (Attachments: # 1 Exhibit B, # 2 Exhibit D, # 3 Exhibit F)(Forbes, Erin) (Entered: 07/03/2019) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Attachments: # 1 Exhibit A)(Forbes, Erin) (Entered: 07/29/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. to seal document sealed document 79 Exhibit A to the Joint Status Report (Attachments: # 1 Exhibit A)(Forbes, Erin) (Entered: 07/29/2019) |
| MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for leave to file First Amended Counterclaims (Attachments: # 1 Exhibit 1)(Bishop, Edward) (Entered: 08/12/2019) |
| SUPPLEMENT to motion for temporary restraining order 89 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Bishop, Edward) (Entered: 08/12/2019) |
| MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for sanctions Under Fed. R. Civ. P. Rule 11 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bishop, Edward) (Entered: 08/13/2019) |
| First Amended ANSWER to Complaint with Jury Demand , Affirmative Defenses, and COUNTERCLAIM filed by EMI Porta OPCO LLC against Woodfold Mfg, Inc. , Plaintiff/Counter-claim Defendant. by EMI Porta OPCO LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Bishop, Edward) (Entered: 08/16/2019) |
| DECLARATION of Erin M. Forbes regarding sealed response 110 , response in opposition to motion 112 for Sanctions Under Fed. R. Civ. P. Rule 11 (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)(Aldrich, Nicholas) (Entered: 09/19/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document sealed response 110 , sealed document, 111 (Attachments: # 1 Plaintiff Woodfolds Response in Opposition to EMI Porta OPCO, LLCs Motion for Sanctions Under Fed. R. Civ. P. Rule 11, # 2 Declaration of Doug Twyford in Support of Woodfold Mfg., Inc.s Response in Opposition to EMI Porta OPCO, LLCs Motion for Sanctions Under Fed. R. Civ. P. Rule 11)(Forbes, Erin) (Entered: 09/19/2019) |
| DECLARATION of Nika Aldrich regarding motion to dismiss 117 , memorandum in support of motion 118 to Dismiss Defendant EMI Porta OPCO, LLCs Counterclaims V-XII (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)(Aldrich, Nicholas) (Entered: 09/19/2019) |
| MOTION by Defendant EMI Porta OPCO LLC to amend/correct text entry,,,,, 75 Motion for Leave to Modify Schedule (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)(Bishop, Edward) (Entered: 09/20/2019) |
| DECLARATION of Nika Aldrich regarding response in opposition to motion 124 EMIs Motion for Leave to Modify Schedule (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Aldrich, Nicholas) (Entered: 09/23/2019) |
| DECLARATION of Erin M. Forbes regarding memorandum in support of motion 127 to Compel (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)(Aldrich, Nicholas) (Entered: 09/24/2019) |
| DECLARATION of Nika Aldrich regarding memorandum in support of motion 134 to Compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Aldrich, Nicholas) (Entered: 09/27/2019) |
| RESPONSE by Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC to memorandum in support of motion 134 to Compel by Woodfold (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bishop, Edward) (Entered: 10/11/2019) |
| MOTION by Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for protective order (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Bishop, Edward) (Entered: 10/15/2019) |
| DECLARATION of Nika Aldrich regarding reply to response to motion 146 in Support of Woodfold Mfg., Inc.s Reply in Support of Motion to Compel (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Aldrich, Nicholas) (Entered: 10/16/2019) |
| MOTION by Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for extension of time regarding responses to Woodfolds Interrogatories by One Week (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bishop, Edward) (Entered: 10/21/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for protective order 143 (Attachments: # 1 Appendix A)(Aldrich, Nicholas) (Entered: 10/24/2019) |
| DECLARATION of Nika Aldrich regarding response in opposition to motion 157 for Protective Order (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Aldrich, Nicholas) (Entered: 10/24/2019) |
| SUPPLEMENT to response in opposition to motion 157 Woodfold Mfg., Inc.s Supplemental Response in Opposition to EMI Portas Motion for Protective Order (Attachments: # 1 Appendix A)(Aldrich, Nicholas) (Entered: 10/29/2019) |
| DECLARATION of Erin M. Forbes regarding memorandum in support of motion 169 for Extension of Time to Complete Depositions (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)(Aldrich, Nicholas) (Entered: 11/11/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for reconsideration regarding order on motion for extension of time,,,,,,,, terminate motions,,,,,,, 175 (Attachments: # 1 Exhibit A)(Bishop, Edward) (Entered: 11/20/2019) |
| MOTION by Defendant EMI Porta OPCO LLC to compel Responses to Discovery (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, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Bishop, Edward) (Entered: 11/20/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of motion for reconsideration 186 (Attachments: # 1 Exhibit 1)(Aldrich, Nicholas) (Entered: 11/20/2019) |
| DECLARATION of Nika Aldrich regarding memorandum in support of motion 192 to Compel (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)(Aldrich, Nicholas) (Entered: 11/20/2019) |
| RESPONSE by Defendant EMI Porta OPCO LLC to motion to compel 191 (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)(Bishop, Edward) (Entered: 12/20/2019) |
| DECLARATION of Erin M. Forbes regarding response in opposition to motion 207 to Compel Woodfolds Responses to Discovery Requests (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Forbes, Erin) (Entered: 12/20/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document sealed document, 209 Exhibits C and G to the Declaration of Erin M. Forbes in Support of Woodfold Mfg., Inc.s Response in Opposition to EMIs Motion to Compel Woodfolds Responses to Discovery Requests (Attachments: # 1 Exhibit C, # 2 Exhibit G)(Forbes, Erin) (Entered: 12/20/2019) |
| REPLY by Defendant EMI Porta OPCO LLC in Support of its Motion to Compel (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)(Bishop, Edward) (Entered: 01/06/2020) |
| DECLARATION of Nika Aldrich regarding reply 224 , reply to response to motion 225 in Support of Woodfold Mfg., Inc.s Reply in Support of Motion to Compel (Dkt 191) (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)(Aldrich, Nicholas) (Entered: 01/06/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document sealed document, 227 , reply 224 (Attachments: # 1 Plaintiff Woodfold Mfg., Inc.s Reply in Support of Motion to Compel (Dkt. 191), # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 9)(Aldrich, Nicholas) (Entered: 01/06/2020) |
| SEALED MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Motion to Supplement Final Infringement Contentions (Attachments: # 1 Appendix A, # 2 Appendix B)(Aldrich, Nicholas) (Entered: 01/13/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to supplement Final Infringement Contentions, Public, Redacted (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Appendix D)(Aldrich, Nicholas) (Entered: 01/13/2020) |
| DECLARATION of David Aldred regarding Sealed motion 233 , motion to supplement, 234 in Support of Motion to Supplement Final Infringement Contentions (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 23, # 24 Exhibit 24)(Aldrich, Nicholas) (Entered: 01/13/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Exhibits 19, 20, 21 and 24 to the Declaration of David Aldred in Support of Woodfold Mfg., Inc.s Motion to Supplement Final Infringement Contentions (Attachments: # 1 Exhibit 19, # 2 Exhibit 20, # 3 Exhibit 21, # 4 Exhibit 24)(Aldrich, Nicholas) (Entered: 01/13/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document SEALED MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Motion to Supplement Final Infringement Contentions 233 , sealed document, 236 (Attachments: # 1 Plaintiff Woodfold Mfg., Inc.s Motion to Supplement Final Infringement Contentions, # 2 Appendix A, # 3 Appendix B, # 4 Exhibit 19, # 5 Exhibit 20, # 6 Exhibit 21, # 7 Exhibit 24)(Aldrich, Nicholas) (Entered: 01/13/2020) |
| DECLARATION of Erin M. Forbes regarding motion to compel 244 Regarding Amended Request for Production No. 12 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Forbes, Erin) (Entered: 01/21/2020) |
| SEALED RESPONSE by EMI Porta OPCO LLC to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to supplement Final Infringement Contentions, Public, Redacted 234 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Campbell, Benjamin) (Entered: 01/24/2020) |
| RESPONSE by EMI Porta OPCO LLCin Opposition to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to supplement Final Infringement Contentions, Public, Redacted 234 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Campbell, Benjamin) (Entered: 01/24/2020) |
| RESPONSE by EMI Porta OPCO LLCin Opposition to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel Regarding Amended Request for Production No. 12 244 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Campbell, Benjamin) (Entered: 01/31/2020) |
| REPLY by Woodfold Mfg, Inc. to response in opposition to motion, 256 Woodfold Mfg. Inc.s Reply in Support of Motion to Compel regarding Request for Production No. 12 (Attachments: # 1 Exhibit 1)(Aldrich, Nicholas) (Entered: 01/31/2020) |
| DECLARATION of David Aldred regarding reply 258 , reply to response to motion 259 Declaration of David Aldred in Support of Plaintiff Woodfold Mfg., Inc.s Motion to Supplement Final Infringement Contentions (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)(Forbes, Erin) (Entered: 01/31/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Exhibits 3 and 7 to the Declaration of David Aldred in Support of Woodfold Mfg., Inc.s Reply in Support of Motion to Supplement Final Infringement Contentions (Attachments: # 1 Exhibit 3, # 2 Exhibit 7)(Forbes, Erin) (Entered: 01/31/2020) |
| SEALED MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Motion for Leave to Supplement the Record Re: Final Infringement Contentions (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Aldrich, Nicholas) (Entered: 02/10/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to supplement the Record Re: Final Infringement Contentions Public, Redacted (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Aldrich, Nicholas) (Entered: 02/10/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc. Highly Confidential Markman Hearing Demonstratives (Attachments: # 1 Exhibit Markman Hearing Demonstratives)(Aldrich, Nicholas) (Entered: 07/22/2020) |
| ATTORNEY Appearance for Plaintiff Woodfold Mfg, Inc. by Lynn Hagman Murray (Murray, Lynn) (Entered: 06/07/2018) |
| NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Woodfold Mfg, Inc. (Murray, Lynn) (Entered: 06/07/2018) |
| NOTICE by Woodfold Mfg, Inc. Notice of Claims Involving Patents or Trademarks (Murray, Lynn) (Entered: 06/07/2018) |
| ATTORNEY Appearance for Plaintiff Woodfold Mfg, Inc. by Benjamin Sedrish (Sedrish, Benjamin) (Entered: 06/07/2018) |
| MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14565984. (Aldrich, Nicholas) (Entered: 06/08/2018) |
| MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14566152. (Addae, Angela) (Entered: 06/08/2018) |
| ATTORNEY Appearance for Defendant EMI PORTA OPCO LLC by Edward L. Bishop (Bishop, Edward) (Entered: 06/08/2018) |
| ATTORNEY Appearance for Defendant EMI PORTA OPCO LLC by Nicholas S. Lee (Lee, Nicholas) (Entered: 06/08/2018) |
| ATTORNEY Appearance for Defendant EMI PORTA OPCO LLC by Avani C Macaluso (Macaluso, Avani) (Entered: 06/08/2018) |
| SUMMONS Returned Executed by Woodfold Mfg, Inc. as to EMI PORTA OPCO LLC on 6/8/2018, answer due 6/29/2018. (Sedrish, Benjamin) (Entered: 06/11/2018) |
| MAILED patent report to Patent Trademark Office, Alexandria VA (lf, ) (Entered: 06/12/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Initial status hearing is set for 7/24/2018 at 9:00 a.m. and parties are to report the following: (1) Possibility of settlement in the case; (2) If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is to advise all other parties of the courts action herein. Lead counsel is directed to appear at this status hearing. The parties are requested to file a joint status report at least two days prior to the initial status. For further details see the Courts website available at www.ilnd.uscourts.gov. Mailed notice (cdh, ) (Entered: 06/14/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Motions of Nicholas F. Aldrich and Angela E. Addae for leave to appear pro hac vice on behalf of Woodfold Mfg., Inc. 7 and 8 are granted. Mailed notice (cdh, ) (Entered: 06/15/2018) |
| CERTIFICATE of Service of the Courts Notification of Initial Status Hearing by Nicholas F. Aldrich, Jr on behalf of Woodfold Mfg, Inc. regarding set/reset hearings,, 14 (Aldrich, Nicholas) (Entered: 06/27/2018) |
| MOTION by Defendant EMI Porta OPCO LLC for extension of time to file answer regarding complaint 1 STIPULATED (Bishop, Edward) (Entered: 06/29/2018) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for extension of time to file answer 17 before Honorable Robert M. Dow Jr. on 7/5/2018 at 09:15 AM. (Bishop, Edward) (Entered: 06/29/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Stipulated motion for extension of time to answer 17 is granted. Notice of motion date of 7/5/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 07/03/2018) |
| STATUS Report (Joint) by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 07/20/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held. Defendants motion to stay the case is due 7/27/2018; Plaintiffs response is due 8/25/2018; Defendants reply is due 9/7/2018; the Court will issue a ruling by mail. As stated on the record, if after review of Defendants stay motion the Court determines that a responsive pleading should be filed and discovery should begin, it will issue an order to that effect. Mailed notice (cdh, ) (Entered: 07/25/2018) |
| MOTION by Defendant EMI Porta OPCO LLC to stay regarding status hearing,,, set deadlines,,, set motion and R&R deadlines/hearings,, 21 Pending Post-Grant Review of the U.S. Patent No. 9,879,471 (Bishop, Edward) (Entered: 07/27/2018) |
| RESPONSE by Woodfold Mfg, Inc. to MOTION by Defendant EMI Porta OPCO LLC to stay regarding status hearing,,, set deadlines,,, set motion and R&R deadlines/hearings,, 21 Pending Post-Grant Review of the U.S. Patent No. 9,879,471 22 (Aldrich, Nicholas) (Entered: 07/27/2018) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Defendant EMI Porta OPCO LLC to stay regarding status hearing,,, set deadlines,,, set motion and R&R deadlines/hearings,, 21 Pending Post-Grant Review of the U.S. Patent No. 9,879,471 22 (Aldrich, Nicholas) (Entered: 08/24/2018) |
| Plaintiffs NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion for leave to file 29 before Honorable Robert M. Dow Jr. on 9/25/2018 at 09:15 AM. (Aldrich, Nicholas) (Entered: 09/18/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs motion for leave to file surreply 29 is granted. Notice of motion date of 9/25/2018 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 09/24/2018) |
| SUR-REPLY by Plaintiff Woodfold Mfg, Inc. to motion to stay 22 (Aldrich, Nicholas) (Entered: 09/24/2018) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion for miscellaneous relief 33 before Honorable Robert M. Dow Jr. on 10/11/2018 at 09:15 AM. (Aldrich, Nicholas) (Entered: 10/05/2018) |
| ORDER: Motion hearing held. Plaintiff appeared by telephone. For the reasons discussed on the record, Plaintiff Woodfold Mgf. Inc.s motion for limited pre-answer discovery 33 is denied. Signed by the Honorable Robert M. Dow, Jr on 10/11/2018. Mailed notice. (Received for docketing on 10/19/2018) (pk, ) (Entered: 10/19/2018) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the parties briefs on Defendants motion to stay 22 , the Court notes the following statement by Defendant: "under the timetable mandated by statute, the PTAB will rule on whether to grant EMIs request for the PGR by early February 2019, or sooner (i.e., December 2018) if the patent owner does not file a preliminary response." 23 at 3. The Court directs the parties to file a joint status report by no later than February 15, 2019 explaining whether the PTAB has ruled on Defendants petition for PGR and the contents of any decision. If the PTAB has not yet ruled, the parties should explain when the PTABs ruling is expected. Mailed notice (cdh, ) (Entered: 02/05/2019) |
| MOTION by Attorney Angela E. Addae to withdraw as attorney for Woodfold Mfg, Inc.. No party information provided (Aldrich, Nicholas) (Entered: 02/15/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to withdraw as attorney 37 before Honorable Robert M. Dow Jr. on 2/21/2019 at 09:15 AM. (Aldrich, Nicholas) (Entered: 02/15/2019) |
| STATUS Report - Joint by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 02/15/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr:Plaintiff Woodfield MFG., Inc.s unopposed motion to withdraw Angela E. Adde as attorney of record 37 is granted. Notice of motion date of 2/20/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 02/19/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: In light of the status report filed by Plaintiff on 3/12/19 41 informing the Court that the PTAB has denied Defendants petition for post-grant review, Defendants motion to stay pending the PTABs ruling on post-grant review 22 is denied as moot. This case is set for status hearing on April 1, 2019 at 9:45 a.m.Mailed notice (cdh, ) (Entered: 03/13/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: By agreement of the parties, the status hearing set for 4/1/2019 is cancelled and reset to 4/4/2019 at 10:00 a.m. Mailed notice (cdh, ) (Entered: 03/15/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Counsel for the Plaintiff participates by telephone. Defendant to respond to the complaint by 4/25/2019. Joint status report is due by 4/25/2019. Mailed notice (cdh, ) (Entered: 04/04/2019) |
| MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 05/14/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of Motion to Dismiss for Failure to State a Claim 47 (Aldrich, Nicholas) (Entered: 05/14/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of Motion to Dismiss for Failure to State a Claim 47 before Honorable Robert M. Dow Jr. on 5/21/2019 at 09:15 AM. (Aldrich, Nicholas) (Entered: 05/14/2019) |
| Plaintiff Woodfold Mfg., Inc.s ANSWER to counterclaim Defendant-Counterclaimant EMI Porta OPCO, LLCs Counterclaims by Woodfold Mfg, Inc.(Aldrich, Nicholas) (Entered: 05/15/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. Motion to dismiss for failure to state a claim 47 is entered and continued. This case is referred to Magistrate Judge Harjani for all discovery motions, discovery supervision, and settlement conference if requested. Referral order to follow. Mailed notice (cdh, ) (Entered: 05/22/2019) |
| EXECUTIVE COMMITTEE ORDER: Case referred to the Honorable Sunil R. Harjani pursuant to Local Rule 72.1. Signed by Executive Committee on 5/23/2019.(mc, ) (Entered: 05/23/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Initial status hearing set for 6/6/2019 at 9:15 a.m. in courtroom 1858. Mailed notice (lxs, ) (Entered: 05/24/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs request to reset the 6/6/2019 status hearing is granted without objection. Status hearing set for 6/6/2019 is stricken and reset to 6/5/2019 at 10:00 a.m. Out-of-town counsel is given leave to participate telephonically. Mailed notice (lxs, ) (Entered: 06/03/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held. Counsel reported on the status of the case. As discussed in open court, the parties are directed to meet and confer in good faith in an attempt to reach an agreement regarding any additional financial information the parties need to participate in a meaningful settlement conference. The Court provided proposed dates for a settlement conference. Counsel shall jointly contact the Courtroom Deputy with an agreed upon settlement conference date by 6/6/2019. Mailed notice (lxs, ) (Entered: 06/05/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: By agreement of the parties, settlement conference set for 6/17/2019 at 1:30 p.m. Plaintiffs settlement letter is due by 6/10/2019. Defendants settlement letter is due by 6/13/2019. Parties are reminded that Magistrate Judge Harjani requires compliance with this Standing Order for Settlement Conference, which is available on the courts website at www.ilnd.uscourts.gov. Mailed notice (lxs, ) (Entered: 06/06/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani:Telephone status hearing set for 6/11/2019 at 10:30 a.m. Plaintiffs counsel shall initiate the call to Defendants counsel and then jointly contact chambers at (312) 435-3000. (rbf, ) (Entered: 06/11/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani:Preliminary settlement discussion held. The Court discussed an issue with respect to the marking of certain financial information that Plaintiff has provided to Defendant. The Court orders that the financial information recently provided concerning Plaintiffs profit margins shall be marked "Highly Confidential" pursuant to the confidentiality agreement, and that the actual profit margin number can be shared by Defendant with a limited group of decision-makers at EMI Porta who need the information in order to address the defendants settlement position. Defendant shall provide the names of that limited group of individuals to Plaintiff on or before 6/14/19. Settlement conference set for 6/17/19 stands. (rbf, ) (Entered: 06/11/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Preliminary settlement discussions held by phone with lead counsel. Settlement conference set for 6/17/19 at 1:30 p.m. is stricken. The Court and the parties discussed the settlement letters that have been submitted. At this time, the Court does not believe that an in-person settlement conference would be productive. The parties have not provided the Court with a structure that would allow compromise and movement towards an ultimate resolution at a settlement conference. The Court believes that the parties need to engage in some litigation and discovery to better assess the strengths and weakness of each of their claims. The Court invites the parties to re-raise this issue of a settlement conference with the Court at a later time. Modified on 6/14/2019 (rbf, ). (Entered: 06/14/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 7/25/2019 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 06/17/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion to compel 61 before Honorable Sunil R. Harjani on 6/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 06/21/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for leave to file Under Seal (Bishop, Edward) (Entered: 06/21/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 63 before Honorable Sunil R. Harjani on 6/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 06/21/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff is ordered to respond to Defendants Motion to Compel 61 and the Motion for leave to file under seal 63 on or before July 3, 2019. Hearing noticed for 6/26/2019 is stricken. Mailed notice (lxs, ) (Entered: 06/24/2019) |
| ATTORNEY Appearance for Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. by Erin Michelle Forbes (Forbes, Erin) (Entered: 06/24/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 7/25/2019 is stricken and reset to 7/31/2019 at 9:15 AM. Mailed notice (lxs, ) (Entered: 06/26/2019) |
| SEALED RESPONSE by Woodfold Mfg, Inc. to MOTION by Defendant EMI Porta OPCO LLC to compel Complete Initial Disclosures as to Woodfolds Computation of Damages 61 (Aldrich, Nicholas) (Entered: 07/03/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Defendant EMI Porta OPCO LLC to compel Complete Initial Disclosures as to Woodfolds Computation of Damages 61 (Aldrich, Nicholas) (Entered: 07/03/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Support of MOTION by Defendant EMI Porta OPCO LLC for leave to file Under Seal 63 (Aldrich, Nicholas) (Entered: 07/03/2019) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to seal document 73 before Honorable Sunil R. Harjani on 7/9/2019 at 09:15 AM. (Forbes, Erin) (Entered: 07/03/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: This matter was set for a settlement conference, but after reviewing the parties letters and discussing the matter with lead counsel, the Court concluded that the parties position did not demonstrate a willingness to compromise and negotiate towards a settlement. As a result, the Court now enters a discovery schedule for the parties to follow. The Court has reviewed the joint status report 46 and the differing positions on the discovery schedule. The Court finds that Plaintiffs proposal that initial contentions serve as final contentions is not a workable solution and would prejudice defendant. The Court will implement the Local Patent Rules in this case but in a modified fashion given the district judges prior comment that discovery will proceed expeditiously once this case was ready to start discovery. Accordingly, the Court orders the following schedule: (1) Initial Infringement contentions: 7/15/19; (2) Initial Non-Infringement, Unenforceability and Invalidity Contentions: 7/24/19, (3) Initial Response to Invalidity Contentions (7/31/19); (4) Final Infringement, Unenforceability and Invalidity Contentions: 10/1/19; (5)Final Non-Infringement, Enforceability and Validity Contentions: 10/15/19; Close of Fact Discovery: 11/1/19. The parties shall begin discovery immediately and be prepared to address deposition scheduling at the status on 7/31/19. MAILED notice (Harjani, Sunil) (Entered: 07/05/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani:The Court has reviewed the briefing related to Defendants Motion to Compel Initial Disclosures as to Woodfolds Computation of Damages 61 and Plaintiffs Response 69 . The Court finds that the parties have not engaged in a good faith Local Rule 37.2 meet and confer prior to this motion being filed. In addition, Plaintiff has represented that certain documents that are the subject of the motion have been produced or are in the process of being produced. As a result, the Court will not rule on this motion at this time and will take it under advisement. The parties are ordered to engage in a meet and confer on this motion on or before 7/12/19 and work to resolve the outstanding dispute. At that meet and confer, the parties must also conduct a general Rule 26(f) conference as well to discuss discovery going forward to avoid further, premature discovery disputes. Documents and information that are the subject of the motion, if Plaintiff agrees to produce, must be produced by 7/24/19. The parties must file a joint status report identifying any remaining objections and non-production that was the subject of the motion on or before 7/29/19. The Court will discuss the remaining objections, if any, during the status on 7/31/19 and will rule accordingly. MAILED notice (Harjani, Sunil) (Entered: 07/05/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs Motion For Leave To File Documents Under Seal 73 is taken under advisement. Notice motion date of 7/9/2019 is stricken. Appearance on the motion is not required. Mailed notice (lxs, ) (Entered: 07/08/2019) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc., Counter Defendant Woodfold Mfg, Inc. Exhibit A to the Joint Status Report (Forbes, Erin) (Entered: 07/29/2019) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to seal document 80 before Honorable Sunil R. Harjani on 8/1/2019 at 09:15 AM. (Forbes, Erin) (Entered: 07/29/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing previously set for 7/31/19 is stricken and reset to 8/9/19 at 9:15am. The Court has received the joint status report 78 and notes that the parties continue to disagree over various document production issues. The Court will rule on Defendants Motions 61 63 73 and 80 at the status hearing. Presentment date of 8/1/2019 is hereby stricken. Mailed notice (lxs, ) (Entered: 07/30/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: At counsels request, status hearing set for 8/9/2019 is stricken and reset to 8/15/2019 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 08/01/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Motion to dismiss for failure to state a claim 47 is taken under advisement; response due 9/3/2019; reply due 9/24/2019; the Court will issue a ruling by mail. Mailed notice (cdh, ) (Entered: 08/05/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: For the reasons stated in the Order entered this day, EMIs motion to compel discovery is denied, Doc. 61 , EMIs motion for leave to file under seal is granted in part and denied in part, Doc. 63 , and Woodfolds motions to seal are granted in part and denied in part. Docs. 73 and 80 . The parties are directed to review the order and comply with the instructions contained within 7 days of the entry of the order. Enter Order. Mailed notice (lxs, ) (Entered: 08/06/2019) |
| ORDER Signed by the Honorable Sunil R. Harjani on 8/6/2019. Mailed notice(lxs, ) (Entered: 08/06/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 87 before Honorable Robert M. Dow Jr. on 8/15/2019 at 09:15 AM. (Bishop, Edward) (Entered: 08/12/2019) |
| MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for temporary restraining order (Bishop, Edward) (Entered: 08/12/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Counsel for Woodfold Mfg. Inc.s request to reset the status hearing set for 8/15/2019 83 is granted. Status hearing set for 8/15/2019 is stricken and reset to 8/29/2019 at 09:15 AM.Mailed notice (jms, ) (Entered: 08/12/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for temporary restraining order 89 before Honorable Robert M. Dow Jr. on 8/15/2019 at 09:15 AM. (Bishop, Edward) (Entered: 08/12/2019) |
| RESPONSE by Plaintiff Woodfold Mfg, Inc. to sealed response 68 , response in opposition to motion 69 , order 86 [Redacted] Woodfold Response in Opposition to EMI Porta Motion to Compel Complete Initial Disclosures as to Woodfolds Computation of Damages (Aldrich, Nicholas) (Entered: 08/13/2019) |
| EXHIBIT by Plaintiff Woodfold Mfg, Inc. [Redacted] Exhibit A to the Joint Status Report regarding order 86 , status report 78 (Aldrich, Nicholas) (Entered: 08/13/2019) |
| EXHIBIT by Plaintiff Woodfold Mfg, Inc. Exhibit D to the Declaration of Nika Aldrich in Support of Woodfold Mfg., Inc.s Response in Opposition to EMI Porta OPCO, LLCs Motion to Compel Complete Initial Disclosures as to Woodfolds Computation of Damages regarding declaration, 70 , order 86 (Aldrich, Nicholas) (Entered: 08/13/2019) |
| SEALED EXHIBIT by Plaintiff Woodfold Mfg, Inc. Exhibits B and F to the Declaration of Nika Aldrich in Support of Woodfold Mfg., Inc.s Response in Opposition to EMI Porta OPCO, LLCs Motion to Compel Complete Initial Disclosures as to Woodfolds Computation of Damages regarding declaration, 70 , order 86 (Aldrich, Nicholas) (Entered: 08/13/2019) |
| MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for leave to file Under Seal (Bishop, Edward) (Entered: 08/13/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 97 before Honorable Robert M. Dow Jr. on 8/20/2019 at 09:15 AM. (Bishop, Edward) (Entered: 08/13/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for sanctions 99 before Honorable Robert M. Dow Jr. on 8/20/2019 at 09:15 AM. (Bishop, Edward) (Entered: 08/13/2019) |
| Redacted Exhibit by EMI Porta OPCO LLC , Defendant, Exhibit B to EMI Motion to Compel, 61 , Order 86 . (Bishop, Edward) (Entered: 08/13/2019) |
| SEALED EXHIBIT by Defendant EMI Porta OPCO LLC , Exhibit C to EMI Motion to Compel, 61 , regarding order 86 (Bishop, Edward) (Entered: 08/13/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Motion hearing held. EMI Portas motion for leave to file first amended counterclaims 87 is granted without objection. Motion for leave to file under seal 97 is granted. Motion to dismiss counterclaim V 47 is stricken as moot and without prejudice. EMI Portas motion for temporary restraining order 89 is withdrawn as moot based on the representation made on the record. Anticipated motion to dismiss is due by 9/19/2019; response is due by 10/7/2019; reply is due by 10/31/2019. Briefing schedule on the Rule 11 motion is as follows: response due by 9/19/2019; reply due by 10/17/2019. The Court will issue rulings by mail. Notice of motion date of 8/20/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 08/16/2019) |
| ATTORNEY Appearance for Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC by James Joseph Jagoda (Jagoda, James) (Entered: 08/23/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 10/8/2019 at 9:15 a.m. Counsel reported on the progress of discovery. By 9/30/2019, the parties shall file a joint status report identifying all deponents and agreed-upon dates for their depositions through 11/1/2019. Mailed notice (lxs, ) (Entered: 08/30/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc. for leave to file excess pages (Aldrich, Nicholas) (Entered: 09/12/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion for leave to file excess pages 107 before Honorable Robert M. Dow Jr. on 9/17/2019 at 09:15 AM. (Aldrich, Nicholas) (Entered: 09/12/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Motion for leave to file excess pages 107 is granted. Notice of motion date of 9/17/2019 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 09/13/2019) |
| SEALED RESPONSE by Woodfold Mfg, Inc. to MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for sanctions Under Fed. R. Civ. P. Rule 11 99 (Aldrich, Nicholas) (Entered: 09/19/2019) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Declaration of Doug Twyford in Support of Woodfold Mfg., Inc.s Response in Opposition to EMI Porta OPCO, LLCs Motion for Sanctions Under Fed. R. Civ. P. Rule 11 (Aldrich, Nicholas) (Entered: 09/19/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for sanctions Under Fed. R. Civ. P. Rule 11 99 Public, Redacted (Aldrich, Nicholas) (Entered: 09/19/2019) |
| DECLARATION of Doug Twyford regarding response in opposition to motion 112 for Sanctions Under Fed. R. Civ. P. Rule 11 (Aldrich, Nicholas) (Entered: 09/19/2019) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to seal document,, 115 before Honorable Robert M. Dow Jr. on 9/25/2019 at 09:15 AM. (Forbes, Erin) (Entered: 09/19/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to dismiss Defendant EMI Porta OPCO, LLCs Counterclaims V-XII (Aldrich, Nicholas) (Entered: 09/19/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of motion to dismiss 117 Defendant EMI Porta OPCO, LLCs Counterclaims V-XII (Aldrich, Nicholas) (Entered: 09/19/2019) |
| Plaintiff Woodfold Mfg., Inc.s ANSWER to counterclaim Defendant-Counterclaimant EMI Porta OPCO, LLCs First Amended Counterclaims I-IV by Woodfold Mfg, Inc.(Aldrich, Nicholas) (Entered: 09/19/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion to amend/correct, 121 before Honorable Sunil R. Harjani on 9/25/2019 at 09:45 AM. (Bishop, Edward) (Entered: 09/20/2019) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs unopposed motion for leave to file documents under seal 115 is granted. Mailed notice (cdh, ) (Entered: 09/23/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Defendant EMI Porta OPCO LLC to amend/correct text entry,,,,, 75 Motion for Leave to Modify Schedule 121 (Aldrich, Nicholas) (Entered: 09/23/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel (Aldrich, Nicholas) (Entered: 09/24/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of motion to compel 126 (Aldrich, Nicholas) (Entered: 09/24/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to compel 126 before Honorable Sunil R. Harjani on 10/1/2019 at 09:45 AM. (Aldrich, Nicholas) (Entered: 09/24/2019) |
| EXHIBIT by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. 10 to Declaration of Erin M. Forbes in Support of Woodfold Mfg., Inc.s Motion to Compel regarding declaration, 128 (Aldrich, Nicholas) (Entered: 09/24/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Motion hearing held. Defendants Motion for Leave to Modify Schedule 121 is granted in part and denied in part. The Court modifies the schedule as follows: (1) final written discovery requests shall be issued by 9/30/2019; (2) Defendant shall issue its notice of depositions by 10/4/2019; (3) a joint status report identifying the names of all deponents and agreed-upon firm dates for depositions for the months of October and November shall be filed by 10/18/2019; (4) All document production shall be completed by 10/31/2019; (5) Final Infringement, Unenforceability and Invalidity Contentions are due 11/1/2019; (6) Final Non-Infringement, Enforceability and Validity Contentions are due by 11/15/2019; (7) fact discovery closes on 12/1/2019. Defendants Response to Plaintiffs Motion to Compel 126 is due by 9/27/2019. Joint status report previously due by 9/30/2019 106 is stricken. Mailed notice (lxs, ) (Entered: 09/25/2019) |
| RESPONSE by EMI Porta OPCO LLC to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel 126 (Bishop, Edward) (Entered: 09/27/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel (Aldrich, Nicholas) (Entered: 09/27/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of motion to compel 133 (Aldrich, Nicholas) (Entered: 09/27/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to compel 133 before Honorable Sunil R. Harjani on 10/2/2019 at 09:45 AM. (Aldrich, Nicholas) (Entered: 09/27/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs Motion to Compel 133 is taken under advisement. Plaintiff and Defendant are ordered to engage in a meet and confer by telephone or in-person on each of the disputes identified in the motion by 10/4/19. Defendant shall file its response brief by 10/11/19 and identify the items that have been resolved, and respond to the motion to compel on the remaining items. Plaintiff shall file its reply brief, if any, by 10/17/19. The Court notes that the motion identifies an excessive number of discovery disputes, many of which should be resolved between the parties, and thus the Court will consider the award of costs under Fed.R.Civ.P. 37 if a dispute is not in good faith. Motion hearing dates of 10/1/2019 and 10/2/2019 are stricken. Mailed notice (lxs, ) (Entered: 09/30/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs Motion to Compel 126 is granted, without objection, as represented by Defendant in its response brief 132 . Mailed notice (lxs, ) (Entered: 09/30/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing previously set for 10/8/2019 is stricken and reset to 10/30/2019 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 10/07/2019) |
| RESPONSE by EMI Porta OPCO LLCin Opposition to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to dismiss Defendant EMI Porta OPCO, LLCs Counterclaims V-XII 117 118 (Bishop, Edward) (Entered: 10/07/2019) |
| REPLY by Woodfold Mfg, Inc. to response in opposition to motion, 140 , MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to dismiss Defendant EMI Porta OPCO, LLCs Counterclaims V-XII 117 - Plaintiff Woodfold Mfg., Inc.s Reply in Support of Motion to Dismiss Defendant EMI Porta OPCO, LLCs Counterclaims V-XII (Aldrich, Nicholas) (Entered: 10/10/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for protective order 143 before Honorable Sunil R. Harjani on 10/22/2019 at 09:45 AM. (Bishop, Edward) (Entered: 10/15/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs response to Defendants Motion for Protective Order 143 shall be filed by 10/24/2019. Notice motion date of 10/22/2019 is stricken and reset to 10/30/2019 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 10/16/2019) |
| REPLY by Woodfold Mfg, Inc. to Response, 142 Woodfold Mfg., Inc.s Reply in Support of Motion to Compel (Aldrich, Nicholas) (Entered: 10/16/2019) |
| ORDER Signed by the Honorable Sunil R. Harjani on 10/17/2019: For the reasons stated in the Order entered this day, Woodfalls motion to compel 133 is granted in part and denied in part. (See Order For Further Details) Mailed notice(lxs, ) (Entered: 10/17/2019) |
| REPLY by EMI Porta OPCO LLC to response in opposition to motion 112 , MOTION by Counter Claimant EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for sanctions Under Fed. R. Civ. P. Rule 11 99 (Bishop, Edward) (Entered: 10/17/2019) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Forbes, Erin) (Entered: 10/18/2019) |
| STATUS Report Woodfold Mfg., Inc.s Supplemental Status Report by Woodfold Mfg, Inc. (Forbes, Erin) (Entered: 10/18/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of extension of time, 152 before Honorable Sunil R. Harjani on 10/24/2019 at 09:45 AM. (Bishop, Edward) (Entered: 10/21/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Counter Claimants EMI Porta OPCO LLC, EMI Porta OPCO LLC, Defendant EMI Porta OPCO LLC for extension of time regarding responses to Woodfolds Interrogatories by One Week 152 (Aldrich, Nicholas) (Entered: 10/21/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing and defendants motion for protective order 143 previously set for 10/30/2019 at 9:15 a.m. is amended to begin at 9:45 a.m. (Time Change Only). Defendants motion to extend the discovery deadline 152 noticed for 10/24/2019 is stricken and reset to 10/30/2019 at 9:45 a.m. Appearance not required on 10/24/2019. Mailed notice (lxs, ) (Entered: 10/22/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Minute entry no. 155 is expanded to include the following: Lead counsel shall be present on 10/30/2019 at 9:45 a.m. in courtroom 1858. Mailed notice (lxs, ) (Entered: 10/22/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendant EMIs motion to extend the deadline for interrogatory responses by one week to October 28, 2019 152 is granted. The extension granted is short, will not substantially prejudice Plaintiff, and is within the discretion of this Court in managing the discovery process. Defendant shall serve the interrogatory responses on October 28, 2019. The parties shall be prepared to address whether these interrogatory responses assist in resolving the dispute over EMIs motion for a protective order 143 at the next status hearing on 10/31/19. Mailed notice (lxs, ) (Entered: 10/28/2019) |
| MINUTE (Corrected) entry before the Honorable Sunil R. Harjani: Defendant EMIs motion to extend the deadline for interrogatory responses by one week to October 28, 2019 152 is granted. The extension granted is short, will not substantially prejudice Plaintiff, and is within the discretion of this Court in managing the discovery process. Defendant shall serve the interrogatory responses on October 28, 2019. The parties shall be prepared to address whether these interrogatory responses assist in resolving the dispute over EMIs motion for a protective order 143 at the next status hearing on 10/30/19. Mailed notice (lxs, ) (Entered: 10/28/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status and motion hearing held. For the reasons stated on the record, Defendants motion for protective order 143 is granted in part and denied in part. Plaintiffs 810 requests for admission, which were subsequently narrowed to 368 requests, are stricken. Each side may issue 100 requests for admission. For Defendant, the grant of 100 requests for admission is inclusive of any requests for admission already issued to Plaintiff. Additionally, for the reasons stated on the record, the discovery schedule is extended as follows: Final Infringement, Unenforceability and Invalidity Contentions are now due by 12/2/2019; Final Non-Infringement, Enforceability and Validity Contentions are now due by 12/16/2019; Defendants production of documents with respect to 1 custodian is now due by 11/7/2019; and fact discovery now closes on 12/31/2019. No further extensions will be granted. The parties reported that they are at an impasse with respect to several discovery issues. If the parties cannot resolve the issue, they may file any necessary motions to compel. Any such motions are due by 11/20/2019. The Courts prior order 148 requiring in-person meet and confer conferences, and the provision of a draft of the motion to compel prior to filing in a final attempt to resolve or narrow the dispute, shall apply throughout the discovery phase of this case. In order to further manage discovery in this case, upon production of documents in response to Rule 34 requests for production, counsel shall file an affidavit or declaration under FRCP 34 stating, among other things, that the production is complete and correct and includes all documents within their clients possession, custody, and control. Status hearing is set for 12/18/2019 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 10/30/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for extension of time (Bishop, Edward) (Entered: 10/31/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of extension of time 163 before Honorable Sunil R. Harjani on 11/5/2019 at 09:45 AM. (Bishop, Edward) (Entered: 10/31/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendants motion for one-day extension of time to produce all documents and a privilege log 163 is granted to and including 11/1/2019. Notice motion date of 11/5/2019 is stricken. Mailed notice (lxs, ) (Entered: 11/01/2019) |
| DECLARATION of Nika Aldrich Regarding the Completion of Woodfold Mfg., Inc.s Document Production (Aldrich, Nicholas) (Entered: 11/01/2019) |
| DECLARATION of Edward L. Bishop Regarding Document Production (Bishop, Edward) (Entered: 11/11/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. for extension of time to Complete Depositions (Aldrich, Nicholas) (Entered: 11/11/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of extension of time 168 to Complete Depositions (Aldrich, Nicholas) (Entered: 11/11/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of extension of time 168 before Honorable Sunil R. Harjani on 11/14/2019 at 09:45 AM. (Aldrich, Nicholas) (Entered: 11/11/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Notice of motion 171 regarding Plaintiffs Motion for Extension of Time 168 set for 11/14/2019 at is stricken. Appearance on the motion 168 is not required. Defendant shall respond by 11/15/2019 as to the issue of whether depositions of EMI witnesses should take place between 1/3/2020 and 1/15/2020. Mailed notice (lxs, ) (Entered: 11/12/2019) |
| RESPONSE by EMI Porta OPCO LLC to MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. for extension of time to Complete Depositions 168 (Bishop, Edward) (Entered: 11/15/2019) |
| REPLY by Woodfold Mfg, Inc. to response to motion 173 Plaintiffs Reply in Support of Motion for Extension of Time to Complete Depositions (Aldrich, Nicholas) (Entered: 11/15/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Woodfolds motion for extension of time to complete depositions 168 is granted. The parties had agreed that it would produce ESI in native format, with associated single-page.pdf formats 20 . See Fed. R. Civ. P. 34(b)(2)(E) (permitting the parties to stipulate to the form of production of ESI). EMI did not do so recently, and produced a set of several PDF files that contained multiple documents and thousands of pages within those files, making it difficult (if not impossible) for Woodfold to load those files into its database. EMI has since agreed to reproduce the documents in the format agreed to by the parties in an email dated November 11, 2019 [170-10], but as of the reply brief filed on November 15, 2019 174 , that reproduction has not yet been made. This has resulted in at least a two-week delay in producing materials in the proper format, and is problematic considering that depositions are scheduled for December 2019 and fact discovery is set to close on 12/31/19. Woodfold has been prejudiced by not being able to efficiently use the document production, in a format previously agreed to by the parties, in order to prepare for its depositions. Woodfold asks for leave to take its depositions of EMI witnesses between January 3, 2019 and January 15, 2020, which is approximately two weeks after fact discovery closes, and that proposal is reasonable and appropriate given EMIs failure to abide by the parties prior agreement with respect to the format of production. Fact discovery shall still close on 12/31/19 but leave is granted for Woodfold to take its depositions between January 3, 2020 and January 15, 2020. EMIs document re-production, in the proper format agreed to by the parties, shall be completed by 11/26/19. Mailed notice (lxs, ) (Entered: 11/19/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for reconsideration 176 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 11/20/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for leave to file excess pages (Bishop, Edward) (Entered: 11/20/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file excess pages 178 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 11/20/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for leave to file exhibits under seal (Bishop, Edward) (Entered: 11/20/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 180 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 11/20/2019) |
| SEALED DOCUMENT by Defendant EMI Porta OPCO LLC Exhibit G to Motion to Compel (Bishop, Edward) (Entered: 11/20/2019) |
| SEALED DOCUMENT by Defendant EMI Porta OPCO LLC Exhibit H to Motion to Compel (Bishop, Edward) (Entered: 11/20/2019) |
| SEALED DOCUMENT by Defendant EMI Porta OPCO LLC Exhibit J to Motion to Compel (Bishop, Edward) (Entered: 11/20/2019) |
| SEALED DOCUMENT by Defendant EMI Porta OPCO LLC Exhibit L to Motion to Compel (Bishop, Edward) (Entered: 11/20/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. for reconsideration regarding order 148 (Aldrich, Nicholas) (Entered: 11/20/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion to compel, 187 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Bishop, Edward) (Entered: 11/20/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion for reconsideration 186 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Aldrich, Nicholas) (Entered: 11/20/2019) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel (Aldrich, Nicholas) (Entered: 11/20/2019) |
| MEMORANDUM by Woodfold Mfg, Inc. in support of motion to compel 191 (Aldrich, Nicholas) (Entered: 11/20/2019) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to compel 191 before Honorable Sunil R. Harjani on 11/26/2019 at 09:45 AM. (Aldrich, Nicholas) (Entered: 11/20/2019) |
| RESPONSE by Woodfold Mfg, Inc. to MOTION by Defendant EMI Porta OPCO LLC for reconsideration regarding order on motion for extension of time,,,,,,,, terminate motions,,,,,,, 175 176 , MOTION by Defendant EMI Porta OPCO LLC for leave to file excess pages 178 (Aldrich, Nicholas) (Entered: 11/21/2019) |
| ATTORNEY Appearance for Defendant EMI Porta OPCO LLC by Benjamin Adam Campbell (Campbell, Benjamin) (Entered: 11/21/2019) |
| MOTION by Defendant EMI Porta OPCO LLC to withdraw arguments compelling responses to its Interrogatory Nos. 5 and 17, and Request For Production Nos. 23, 79 and 80 presented in EMIs Motion to Compel Woodfolds Responses to Discovery Requests [Dkt 187] (Bishop, Edward) (Entered: 11/22/2019) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion to withdraw, 197 before Honorable Sunil R. Harjani on 11/27/2019 at 09:45 AM. (Bishop, Edward) (Entered: 11/22/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendant EMIs motion for reconsideration is denied. Even if Defendant reproduced the documents on November 15, 2019, that still resulted in a two-week delay because EMI failed to produce the materials in the agreed-upon format. At the heart of this dispute is a fight between the parties over a mere two-week extension to allow Woodfall to take depositions. After numerous efforts by the Court to have the parties cooperate and work together, it appears that all those efforts are still not working. While the Court is reluctant to do so, further frivolous motions will be subject to sanctions. Moreover, if EMI is unable to work with this schedule for some reason, it may file a motion for additional time and the Court will consider it. Appearance on motion 176 is not required. Mailed notice (lxs, ) (Entered: 11/25/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Motion by Defendant for leave to file excess pages 178 and Motion for leave to file exhibits under seal 180 are granted. Appearance on motions 178 180 is not required. Mailed notice (lxs, ) (Entered: 11/25/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiff Woodfolds Motion to reconsider is denied. Woodfalls document request continues to be overbroad. Asking for every document that has existed at EMI from the companys inception that contain the word "Woodfold" with no limit in subject matter and timeframe and tied to allegations of the Complaint, Answer and Counterclaims is not relevant and not proportional to the needs of this case, even in light of the newly alleged damages claim dating from 2012 onwards. Woodfold is given leave to propose a substantially narrowed and revised document request to EMI by 12/1/19. The parties are directed to meet and confer and resolve this issue without judicial intervention. Appearance on the motion is not required. Mailed notice (lxs, ) (Entered: 11/25/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Response to motion by defendant to compel 187 and motion by plaintiff to compel 191 are due 12/20/2019; replies are due 1/6/2020. Motion by defendant to withdraw arguments compelling responses to its interrogatory nos. 5 and 17, and request for production nos. 23, 79 and 80 197 is granted. Appearance on the motions is not required. Mailed notice (lxs, ) Modified on 11/25/2019 (lxs, ). (Entered: 11/25/2019) |
| MOTION by Defendant EMI Porta OPCO LLC and Plaintiff Woodfold Mfg Inc to Modify Scheduling Order (Campbell, Benjamin) (Entered: 12/04/2019) |
| NOTICE of Motion by Benjamin Adam Campbell for presentment of motion for miscellaneous relief 203 before Honorable Sunil R. Harjani on 12/12/2019 at 09:45 AM. (Campbell, Benjamin) (Entered: 12/04/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Joint Motion to Extend the Discovery Schedule is granted 203 . Good cause exists to extend the Rule 16(b) schedule as stated in the motion. Accordingly, the fact discovery schedule is amended as follows: (a) EMI will conduct depositions of Messrs. Lewis and Alvarado on December 17 and 18, 2019; (b) Woodfold will conduct depositions of Messrs. Ganas and Crocilla on consecutive dates during the week of January 6, 2020; (c) Woodfold will provide three consecutive dates occurring within 21 days after any agreed or ordered supplementation date following resolution of EMIs Motion to Compel (Dkt. 187) for EMI to conduct a combined Rule 30(b)(1) and 30(b)(6) deposition of Mr. Wedderburn and depositions of Messrs. Twyford and Geiger, if deemed necessary by EMI; (d) EMI will provide three consecutive dates occurring within 21 days after any agreed or ordered supplementation date following resolution of Woodfolds Motion to Compel (Dkt. 191) for Woodfold to conduct a combined Rule 30(b)(1) and 30(b)(6) deposition of Mr. Estep and depositions of Messrs. Vanderheyden and Colditz, if deemed necessary by Woodfold; (e) Fact discovery will close 21 days after any agreed or ordered supplementation date following resolution of the parties motions to compel. In addition, status hearing set for 12/18/19 is stricken and reset to 1/31/2020 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 12/05/2019) |
| RESPONSE by Woodfold Mfg, Inc.in Opposition to MOTION by Defendant EMI Porta OPCO LLC to compel Responses to Discovery 187 (Forbes, Erin) (Entered: 12/20/2019) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to seal document, 210 before Honorable Sunil R. Harjani on 12/31/2019 at 09:45 AM. (Forbes, Erin) (Entered: 12/20/2019) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs motion for leave to file documents under seal 210 is taken under advisement. Appearance on the motion is not required. Mailed notice (lxs, ) (Entered: 12/26/2019) |
| MOTION by Defendant EMI Porta OPCO LLC for leave to file Under Seal Exhibits to EMIs Reply in Support of its Motion to Compel - Unopposed (Bishop, Edward) (Entered: 01/06/2020) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 213 before Honorable Sunil R. Harjani on 1/9/2020 at 09:45 AM. (Bishop, Edward) (Entered: 01/06/2020) |
| REPLY by Woodfold Mfg, Inc. to Response, 206 Woodfold Mfg., Inc.s Reply in Support of Motion to Compel (Dkt. 191) Public, Redacted (Aldrich, Nicholas) (Entered: 01/06/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to seal document, 228 before Honorable Sunil R. Harjani on 1/9/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 01/06/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendants motion for leave to file under seal 213 and Plaintiffs motion for leave to file under seal 228 are taken under advisement. Appearance on the motion is not required. Mailed notice (lxs, ) (Entered: 01/07/2020) |
| ORDER Signed by the Honorable Sunil R. Harjani on 1/8/2020: Plaintiff Woodfall and Defendant EMI have moved to compel on written discovery matters. For the reasons stated in the Order entered this day, both motions 187 191 are granted in part and denied in part. (See Order For Details) Mailed notice(lxs, ) (Entered: 01/08/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs Motion to Seal 210 228 and Defendants Motion to Seal 213 are granted. The Court finds that the redacted materials that are placed under seal include highly confidential business information that might be of interest to a competitor and thus meets the standards in this Circuit for placing materials under seal. The seal is also limited in nature as redacted versions of the materials, to the extent possible, have been filed on the docket. Mailed notice (lxs, ) (Entered: 01/08/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of Sealed motion 233 , motion to supplement, 234 before Honorable Sunil R. Harjani on 1/16/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 01/13/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to seal document,, 238 before Honorable Sunil R. Harjani on 1/16/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 01/13/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendants response to plaintiffs motion to supplement final infringement contentions 234 and motion to seal 238 shall be filed by 1/24/2020. Reply briefs are due by 1/31/2020. Appearance on the motions is not required. Mailed notice (lxs, ) (Entered: 01/14/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. for sanctions (Aldrich, Nicholas) (Entered: 01/17/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion for sanctions 241 before Honorable Sunil R. Harjani on 1/23/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 01/17/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendants response to Plaintiffs Motion for Sanctions 241 shall be filed by 2/11/2020. Plaintiffs reply shall be filed by 2/25/2020. Plaintiffs notice of motion 242 is stricken. Appearance on the motion 241 is not required. Mailed notice (lxs, ) (Entered: 01/21/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to compel Regarding Amended Request for Production No. 12 (Forbes, Erin) (Entered: 01/21/2020) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to compel 244 before Honorable Sunil R. Harjani on 1/28/2020 at 09:45 AM. (Forbes, Erin) (Entered: 01/21/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: On the Courts own motion, status hearing set for 1/31/2020 is stricken and reset to 2/4/2020 at 9:15 a.m. Mailed notice (lxs, ) (Entered: 01/23/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Defendants response to Plaintiffs Motion to Compel Regarding Amended Request for Production No. 12 244 shall be filed by 1/31/2020. Plaintiffs notice of motion 246 is stricken. Appearance on the motion 244 is not required. Status hearing previously set on 2/4/2020 stands. Mailed notice (lxs, ) (Entered: 01/24/2020) |
| DECLARATION of Edward L. Bishop regarding Production of Documents Responsive to Woodfolds RFPs 81, 82 and 97 (Bishop, Edward) (Entered: 01/24/2020) |
| RESPONSE by Defendant EMI Porta OPCO LLC to Plaintiffs "Opposed" Motion for Leave to File Documents Under Seal (Dkt 238) (Campbell, Benjamin) (Entered: 01/24/2020) |
| MOTION by Defendant EMI Porta OPCO LLC for leave to file Opposition to the Motion to Supplement Contentions and Exhibits A, B and C Under Seal - UNOPPOSED (Bishop, Edward) (Entered: 01/24/2020) |
| NOTICE of Motion by Edward L. Bishop for presentment of motion for leave to file 251 before Honorable Sunil R. Harjani on 1/29/2020 at 09:45 AM. (Bishop, Edward) (Entered: 01/24/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani:Defendants motion to file its opposition brief under seal 251 is taken under advisement. Motion hearing set for 1/29/20 at 9:45am is stricken. (rbf, ) (Entered: 01/27/2020) |
| SEALED REPLY by Woodfold Mfg, Inc. to sealed response, 253 , response in opposition to motion, 254 Plaintiff Woodfold Mfg., Inc.s Reply in Support of Motion to Supplement Final Infringement Contentions (Forbes, Erin) (Entered: 01/31/2020) |
| REPLY by Woodfold Mfg, Inc. to sealed response, 253 , response in opposition to motion, 254 Plaintiff Woodfold Mfg., Inc.s Reply in Support of Motion to Supplement Final Infringement Contentions, Public, Redacted (Forbes, Erin) (Entered: 01/31/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document sealed document, 261 , reply 258 (Forbes, Erin) (Entered: 01/31/2020) |
| NOTICE of Motion by Erin Michelle Forbes for presentment of motion to seal document 262 before Honorable Sunil R. Harjani on 2/5/2020 at 09:45 AM. (Forbes, Erin) (Entered: 01/31/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs unopposed motion for leave to file documents under seal 262 is taken under advisement. Appearance on the motion is not required. Mailed notice (lxs, ) (Entered: 02/03/2020) |
| APPENDIX (JOINT) to Claim Construction Briefs (Campbell, Benjamin) (Entered: 02/03/2020) |
| EMIs Opening Claim Construction Brief by EMI Porta OPCO LLC (Campbell, Benjamin) (Entered: 02/03/2020) |
| APPENDIX other 266 to EMIs Claim Construction Brief (Campbell, Benjamin) (Entered: 02/03/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing held and continued to 3/31/2020 at 9:15 a.m. Parties reported on the status of the case and discovery. A brief settlement discussion was held off of the record. On the record, the parties addressed Plaintiffs Motion to Compel Regarding Amended Request for Production No. 12 244 . For the reasons stated in open court, Plaintiffs Motion to Compel Regarding Amended Request for Production No. 12 244 is denied. The Court uses its broad discretion under FRCP 16 and FRCP 26 to manage the discovery process and narrow Plaintiffs Amended Request for Production No. 12 as follows: Defendant shall conduct searches for the term "Woodfold" in documents within its possession, custody, or control in connection with the 8 categories listed on page 7 of 256 . By 3/3/2020, Defendant shall produce any responsive documents, and Defendants counsel shall file an affidavit or declaration under FRCP 34, stating that the production in connection with this order is complete and correct and includes all documents within Defendants possession, custody, or control. Mailed notice (lxs, ) (Entered: 02/04/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: The Court orders that briefing on Plaintiffs motion for sanctions 241 is stayed pending a status hearing before the district judge. Briefing schedule is vacated. Mailed notice (lxs, ) (Entered: 02/06/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to supplement, 271 , Sealed motion, 270 before Honorable Sunil R. Harjani on 2/13/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 02/10/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. to seal document SEALED MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Motion for Leave to Supplement the Record Re: Final Infringement Contentions 270 (Aldrich, Nicholas) (Entered: 02/10/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to seal document, 273 before Honorable Sunil R. Harjani on 2/13/2020 at 09:45 AM. (Aldrich, Nicholas) (Entered: 02/10/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: This matter is set for a status hearing before Judges Dow and Harjani on 2/20/2020 at 10:00 a.m. in Courtroom 2303. Lead counsel are directed to appear so that both assigned judges can engage the parties in a fulsome case management conference designed to prioritize the most important issues on which judicial attention is needed in the coming months and to set a schedule for moving the case forward efficiently. Mailed notice (cdh, ) (Entered: 02/11/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs motion for leave to supplement the record 270 271 and unopposed motion for leave to file documents under seal 273 are taken under advisement. Notice motion date of 2/13/2020 272 274 is stricken. Mailed notice (lxs, ) (Entered: 02/11/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: After email correspondence concerning the available of lead counsel, the joint status hearing with Judges Dow and Harjani set for 2/20/2020 is reset to 2/25/2020 at 10:30 a.m. in Courtroom 2303. Local counsel are welcome to attend the hearing, but their presence is not mandatory. No status report will be necessary as Judge Harjani has provided Judge Dow with a thorough update on the status of the discovery issues and both judges have carefully reviewed the briefing to date on the pending motions, some of which are fully briefed and others of which are still being briefed at this time. Mailed notice (cdh, ) (Entered: 02/11/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held with Judge Dow and Magistrate Judge Harjani both present, along with counsel for both sides. As discussed on the record and with the agreement of the parties, both counsel and the assigned judges will prioritize the merits of the case and defer rulings on the pending sanctions motions until after claim construction is complete. To that end, Judge Dow will strike the sanctions motion now pending before him 99 and Judge Harjani will do the same [see 241], both without prejudice and with leave to refile later in the case if the motions are not resolved as part of a global disposition. On the merits, counsel for Defendant will consider whether any revisions to Defendants opening claim construction brief are necessary relating to Claim 6 and will confer with counsel for Plaintiff on a revised briefing schedule for claim construction, with the parties to file a joint proposed briefing schedule for claim construction in a joint status report due no later than 3/20/2020. In that same joint status report, counsel will provide a list of available dates in April and May for a half-day session in court that will include Plaintiffs motion to dismiss counterclaims 117 and a Markman hearing on the claim terms in dispute. The assigned judges will determine which judge will rule on the motion to supplement final infringement contentions [233, 234] and reserve the right to include expand the half-day session to encompass questions on that motion as well and will give counsel advance warning if that motion also is included in the hearing. Other extensions on discovery matters were agreed to during the hearing and will be reflected in Judge Harjanis minute entry from today. Parties also advise that the CEOs at their respective clients will be meeting in the near future for a preliminary settlement discussion. Both assigned judges appreciate the parties cooperation in moving the case forward productively on the merits and look forward to working with counsel, consistent with FRCP 1, to that end. After the Court reviews the joint status report due by 3/20/2020, the Courtroom Deputy will be in touch to finalize the date/time for the half day hearing. For planning purposes, the following dates look promising on the Courts calendar: April 20-21, April 27-30, May 1, May 19-22. Mailed notice (cdh, ) (Entered: 02/25/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: As a result of the joint status with Judge Dow, and the plan put in place as discussed in docket entry 278 , Plaintiffs motion for sanctions 241 and motion for leave to file documents under seal 262 are denied without prejudice with leave to refile at a later time. Moreover, defendants request to extend time to comply with production of documents consistent with this Courts order 268 is granted without objection. The response to Plaintiffs amended request for production no. 12, as modified by the Court, and declaration under FRCP 34, is now due April 4, 2020. Mailed notice (lxs, ) (Entered: 02/25/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: By agreement of the parties, the in-court hearing is set for 5/1/2020 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 03/09/2020) |
| TRANSCRIPT OF PROCEEDINGS held on 02/25/2020 before the Honorable Robert M. Dow, Jr. and Honorable Sunil R. Harjani Order Number: 38193. Court Reporter Contact Information: Rosemary Scarpelli, Rosemary_Scarpelli@ilnd.uscourts.gov, (312)435-5885, on behalf of Mary Hacker. IMPORTANT: The transcript may be viewed at the courts public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Courts web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 3/31/2020. Redacted Transcript Deadline set for 4/10/2020. Release of Transcript Restriction set for 6/8/2020. (Scarpelli, Rosemary) Modified on 3/11/2020 (smm, ). (Entered: 03/10/2020) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 03/12/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: The Court adopts the parties proposed briefing schedule 282 as follows: Plaintiffs response brief to Defendants Opening Claim Construction Brief 266 shall be filed by 3/13/2020. Defendants reply brief shall be filed by 3/27/2020. Mailed notice (lxs, ) (Entered: 03/12/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc. Plaintiff Woodfold Mfg., Inc.s Responsive Claim Construction Brief (Aldrich, Nicholas) (Entered: 03/13/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc. Plaintiff Woodfold Mfg., Inc.s Claim Construction Appendix (Aldrich, Nicholas) (Entered: 03/13/2020) |
| SEALED DOCUMENT by Plaintiff Woodfold Mfg, Inc. Plaintiff Woodfold Mfg., Inc.s Corrected Responsive Claim Construction Brief (Aldrich, Nicholas) (Entered: 03/13/2020) |
| Plaintiff Woodfold Mfg., Inc.s Redacted Corrected Responsive Claim Construction Brief by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 03/13/2020) |
| APPENDIX sealed document 286 , other 287 Plaintiff Woodfold Mfg., Inc.s Redacted Claim Construction Appendix (Aldrich, Nicholas) (Entered: 03/13/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc. to seal document sealed document 286 , sealed document 285 Woodfolds Corrected Responsive Claim Construction Brief and Woodfolds Appendix (Aldrich, Nicholas) (Entered: 03/13/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to seal document 289 before Honorable Robert M. Dow Jr. on 3/18/2020 at 09:15 AM. (Aldrich, Nicholas) (Entered: 03/13/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Plaintiffs Unopposed Motion for Leave to File Documents Under Seal 273 is granted for the reasons stated in the motion. Mailed notice (lxs, ) (Entered: 03/13/2020) |
| TRANSCRIPT OF PROCEEDINGS held on 02/04/20 before the Honorable Sunil R. Harjani. Order Number: 37816. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. IMPORTANT: The transcript may be viewed at the courts public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Courts web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 4/3/2020. Redacted Transcript Deadline set for 4/13/2020. Release of Transcript Restriction set for 6/11/2020. (Mullen, Patrick) (Entered: 03/13/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs unopposed motion for leave to file documents under seal 289 is granted. Notice of motion date of 3/18/2020 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 03/16/2020) |
| ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) (Entered: 03/18/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing set for 3/31/2020 is stricken and reset to 4/21/2020 at 09:15 AM. Mailed notice (lxs, ) (Entered: 03/18/2020) |
| ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket1, ) (Entered: 03/31/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: Status hearing previously set for 4/21/2020 is stricken and reset to 5/19/2020 at 09:15 AM.Mailed notice (lxs, ) (Entered: 04/02/2020) |
| ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket3, ) (Entered: 04/27/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the Third Amended General Order, the Court will not be able to proceed with in-court hearing set for 5/1/2020. The Court requests that counsel confer and provide a joint status report, which can either be filed on the docket or emailed to the Courtroom Deputy (Carolyn_Hoesly@ilnd.uscourts.gov) with their unavailable dates between June 1 and August 31. The Court will reset the in-court hearing to a date on which everyone is available as soon as practicable. Mailed notice (cdh, ) (Entered: 04/29/2020) |
| STATUS Report Pursuant to Third Amended General Order 20-0012 in re: Coronavirus Covid-19 Public Emergency Dated April 24, 2020 (Dkt. 298) by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 05/14/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: The Court has reviewed the Woodfolds status report 300 and addresses the one discovery-related issue raised. EMI is ordered to comply with the additional production and declaration, as previously ordered by the Court (see Docket 268 ad 279), by June 23, 2020. The remainder of the issues relate to the claim construction process, and are more appropriately directed to Judge Dow. Mailed notice (lxs, ) (Entered: 05/17/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the status report 300 filed on 5/14/2020 and the correspondence from counsel concerning their availability for a hearing on the counterclaims and claim construction issues, this matter is set for a hearing by video conference or telephone conference on 7/17/2020 at 11:00 a.m. Central time. The Court requests that counsel set aside two hours for the hearing. All pending motions will be encompassed within the subject matter of the hearing. It is the Courts understanding that briefing is complete except for EMIs claim construction reply brief, which will be due no later than 7/3/2020. The Courtroom Deputy will provide the information for accessing the video or telephone conference capabilities. Mailed notice (cdh, ) (Entered: 06/10/2020) |
| DECLARATION of Edward L. Bishop regarding Production of Documents Responsive to Woodfolds Amended RFP #12 (as modified) (Bishop, Edward) (Entered: 06/23/2020) |
| REPLY by Defendant EMI Porta OPCO LLC to other 266 in Support of EMIs Opening Claim Construction Brief (Bishop, Edward) (Entered: 07/02/2020) |
| ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk2, Docket) (Entered: 07/10/2020) |
| Joint Claim Construction Chart by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 07/10/2020) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 07/10/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 307 filed on 7/10/2020, the Court advises the parties of the following: (1) the parties understanding of the motions encompassed within the scope of the hearing is correct; (2) the Court had not noticed the absence of an opportunity to file a response to Plaintiffs motion for leave to supplement the record 270 ; given the volume of paper now before the Court, there is no harm in allowing Defendants to file by 7/16/2020 at noon a response of no more than 4 pages; no reply will be needed unless requested by the Court; (3) the Court agrees that the briefing has been comprehensive and that the motions are the kind that often can be addressed on the papers, particularly in the absence of any witness testimony; (4) nevertheless, since the Court and the parties have set aside some time on July 17, it still makes sense to convene the hearing and treat it as an opportunity for the Court to ask counsel for help in answering any questions that will facilitate the Courts rulings on the pending motions. To that end, the Court will endeavor to place on the docket by the end of the business day on July 15 a short list of topics/questions that it would like counsel to be prepared to address on July 17. Finally, given the quality of the briefing and the absence of any live witness testimony, the Court thinks it unlikely that the hearing will last more than an hour, but will not impose any formal time limits, as the hope is to stimulate a conversation that will be helpful to the decision making process and, unlike in the court of appeals upstairs, we do not have amber or red lights in the district court. Mailed notice (cdh, ) (Entered: 07/13/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Regarding this matter set for a hearing by video conference scheduled for July 17, 2020 at 11:00 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 5713532300 and the call-in ID is 472853588. Counsel of record will receive an email invitation prior to the start of the video hearing with instructions to join the video conference. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cdh, ) (Entered: 07/14/2020) |
| ORDER Signed by the Honorable Robert M. Dow, Jr. on 7/15/2020. Mailed notice(cdh, ) (Entered: 07/15/2020) |
| RESPONSE by EMI Porta OPCO LLCin Opposition to SEALED MOTION by Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. Motion for Leave to Supplement the Record Re: Final Infringement Contentions 270 (Bishop, Edward) (Entered: 07/16/2020) |
| Woodfold Mfg. Inc. Markman Hearing Demonstratives by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 07/16/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Evidentiary hearing held by video conference. Mailed notice (cdh, ) (Entered: 07/17/2020) |
| Markman Hearing Demonstratives by EMI Porta OPCO LLC (Bishop, Edward) (Entered: 07/17/2020) |
| MOTION by Plaintiff Woodfold Mfg, Inc. to seal document sealed document 315 [Unopposed] (Aldrich, Nicholas) (Entered: 07/22/2020) |
| NOTICE of Motion by Nicholas F. Aldrich, Jr for presentment of motion to seal document 316 before Honorable Robert M. Dow Jr. on 7/23/2020 at 09:00 AM. (Aldrich, Nicholas) (Entered: 07/22/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Plaintiffs unopposed motion for leave to file documents under seal 316 is granted. Notice of motion date of 7/23/2020 is stricken and no appearances are necessary on that date. Mailed notice (cdh, ) (Entered: 07/23/2020) |
| ATTORNEY Appearance for Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. by Ian Macaulay Hansen (Hansen, Ian) (Entered: 07/23/2020) |
| WITHDRAWING Benjamin E. Sedrish as counsel for Plaintiff Woodfold Mfg, Inc., Counter Defendants Woodfold Mfg, Inc., Woodfold Mfg, Inc. and substituting Ian Macaulay Hansen as counsel of record (Hansen, Ian) (Entered: 07/23/2020) |
| MEMORANDUM OPINION AND ORDER Signed by the Honorable Robert M. Dow, Jr. on 11/30/2020. For these reasons stated below, Woodfolds motion to dismiss 117 is granted in part and denied in part. Counts V (false advertising) and XII (false patent marketing) are dismissed in full; Counts VIII (ICFA), IX (IDTPA), and XI (common law unfair competition) are dismissed to the extent they are based on Woodfolds advertising that it is the only patented gate that satisfies the strength and deflection requirements of ASME 17.1-2016/CSA B44-16 and the Florida Building Code. Woodfolds motion is otherwise denied. The Court grants Woodfolds motion to supplement final infringement contentions, 233 (sealed) and 234 (public); Plaintiffs unopposed motion to seal 238 ; EMIs motion for leave to file an opposition to Woodfolds motion to supplemental final infringement contentions, 251 ; and Woodfolds motion to supplement record re final infringement contentions, 270 (sealed) and 271 public. Finally, the Court construes the claim terms submitted by the parties as set forth above. Counsel are directed to submit a joint status report no later than December 15, 2020 and may contact the Courtroom Deputy at any time if they would like a telephone status hearing. Emailed notice(cdh, ) ) (Entered: 11/30/2020) |
| STATUS Report Joint Status Report by Woodfold Mfg, Inc. (Aldrich, Nicholas) (Entered: 12/09/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 322 filed on 12/9/2020, in which the parties report reaching a settlement in principle, the Court suspends all forthcoming deadlines pending completion of the settlement agreement and the anticipated dismissal of all claims in the coming weeks. This case is set for a back-up telephonic status hearing on 1/26/2021 at 9:30 a.m. Participants should use the Courts toll-free, call-in number 877-336-1829, passcode is 6963747. If a stipulation of dismissal is filed prior to that date, the status hearing will be stricken and the case will be closed. Emailed notice (cdh, ) (Entered: 12/11/2020) |
| MINUTE entry before the Honorable Sunil R. Harjani: In light of the agreement reached between the parties, the referral is closed. Mailed notice (lxs, ) (Entered: 12/23/2020) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the communication from counsel that the parties have finalized the form of their settlement agreement, which should be fully executed within a few days, and expect to file papers dismissing the case within the next couple weeks. the status hearing set for 1/26/2021 is stricken and reset to 2/26/2021 at 9:00 a.m. with the same call-in information as previously provided. If the stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed.Emailed notice (cdh, ) (Entered: 01/25/2021) |
| STIPULATION of Dismissal (Aldrich, Nicholas) (Entered: 02/25/2021) |
| MINUTE entry before the Honorable Robert M. Dow, Jr: At the email request of the parties, the telephone conference set for 1/26/21 is cancelled and reset to 3/12/2021 at 9:00 a.m. Participants should use the Courts toll-free, call-in number 877-336-1829, passcode is 6963747. If the stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 02/25/2021) |
| MINUTE entry before the Honorable Robert M. Dow, Jr:Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and the parties stipulated notice of dismissal 326 filed on 2/25/2021, this action is dismissed with prejudice. Each party shall bear its own costs, attorneys fees, and all other expenses incurred in connection with this action. Telephone conference set for 3/12/2021 is stricken. Civil case terminated. Emailed notice (cdh, ) (Entered: 02/25/2021) |
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Patents In Case