1:15-cv-00165 - Barrday Inc v. Lincoln Fabrics Inc

Detail

Case Number

1:15-cv-00165

Current Status

closed

Cause of Action

Patent Infringement

Related Case(s)

2022-1903

Court

New York Western District Court

Plaintiff(s)

Barrday Inc

Operating Company

Defendant(s)

Lincoln Fabrics Inc

Judge

Hon. Lawrence J. Vilardo

Filing Date

2015-02-24

Termination Date

2022-05-12

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Dockets
Text
CIVIL DOCKET
Final Civil Docket 05-12-2022
ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P. 7.1 (b) are to be filed within seven (7) days of this notice. (KM) (Entered: 04/28/2015)
AUTOMATIC REFERRAL to Mediation ; The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(DZ) (Entered: 02/25/2015)
Automatic Referral to Mediation. The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(DZ) (Entered: 04/27/2015)
Case Reassigned to Hon. Lawrence J. Vilardo. Hon. Richard J. Arcara no longer assigned to the case. (NRE) (Entered: 10/10/2018)
Case assigned to Hon. Richard J. Arcara. (DZ) (Entered: 02/25/2015)
Case reassigned to Magistrate Judge Jonathan W. Feldman. Hon. Hugh B. Scott no longer assigned to the case. (JHF) (Entered: 02/23/2021)
E-Filing Notification: 82 STIPULATION AND FINAL JUDGMENT granting joint motion for entry of judgment under Rule 54(b), Docket Item 81 , filed by the plaintiffs. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/12/2022. (EK) -CLERK TO FOLLOW UP- Modified title on 5/13/2022 (SG). (SG) (Entered: 05/13/2022)
Minute Entry for proceedings held 10/4/2018 before Hon. Richard J. Arcara. Status Conference is held. The Court calls counsel`s attention to a situation which may be of concern to the parties. The Court`s confidential law clerk assigned to this matter is engaged to be married to an associate at defense counsel`s law firm; the confidential law clerk will be leaving the Court in approximately two months for another employment opportunity. The Court takes a recess to allow counsel an opportunity to consider this situation. Proceedings resume. Pltfs` counsel suggests to the Court that this matter be assigned to the Court`s other law clerk. Due to the other law clerk`s workload, this is not a feasible option. Pltfs` counsel asks for a short adjournment to discuss this with his clients. A further status conference is scheduled for 10/9/2018 at 8:45 AM. As to the claim construction hearing scheduled for 11/6/2018, neither side will be calling witnesses. Appearances: Pltfs - Michael Berchou; Deft - Robert Fluskey and Charles Rauch (Court Reporter Wendy Herman, Jack W. Hunt & Associates, Inc., Buffalo, NY; telephone: (716) 853-5600.) (DJD) (Entered: 10/09/2018)
Minute Entry for proceedings held 10/9/2018 before Hon. Richard J. Arcara. Status Conference is delayed due to Pltfs` counsel`s unexpected absence as a result of heavy traffic. Counsel for Deft returned to his office pending Pltfs` counsel`s availability. Upon informal advice from Pltfs` counsel, the Court held a status conference without counsel in attendance to report the following: Pltfs have given consideration to the Court`s confidential law clerk situation. Pltfs are not comfortable with the law clerk issue. Therefore, the Hon. Richard J. Arcara recuses himself from this matter and returns it back to the Clerk`s Office for reassignment. Appearances: Pltfs - No appearance; Deft - No appearance (Court Reporter Megan Pelka.) (DJD) (Entered: 10/09/2018)
NOTICE OF RESCHEDULING. Upon the informal request of counsel for the parties, the Claim Construction Hearing is rescheduled from November 6, 2018 to the earlier date of October 24, 2018 at 10:00 AM before Hon. Richard J. Arcara. (DJD) (Entered: 09/05/2018)
NOTICE OF RESCHEDULING. Upon the informal request of counsel for the parties, the Claim Construction Hearing is rescheduled from October 24, 2018 to the original date of November 6, 2018 at 9:30 AM before Hon. Richard J. Arcara. The Status Conference set for 9/11/2018 at 9:30 AM is cancelled and rescheduled for 10/4/2018 at 10:00 AM before Hon. Richard J. Arcara (LAS) (Entered: 09/06/2018)
Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.uscourts.gov/forms/AO085.pdf (DZ) (Entered: 02/25/2015)
Remark: All parties have submitted written waivers of judicial disqualification and this action shall continue to proceed before the Hon. Lawrence J. Vilardo. (JMM) (Entered: 11/05/2018)
Set/Reset Hearings: Status Conference set for 10/9/2018 08:45 AM before Hon. Richard J. Arcara. (DJD) (Entered: 10/04/2018)
Set/Reset Hearings: Status Conference set for 11/18/2021 02:00 PM before Magistrate Judge Jonathan W. Feldman. This appearance will be by Zoom. Public access can be obtained by calling 585-613-4011. (PR) (Entered: 11/12/2021)
TEXT SCHEDULING ORDER: A Zoom videoconference is set for 3/23/2021 at 03:00 PM before Magistrate Judge Jonathan W. Feldman to discuss the status of the case and scheduling. Parties will be emailed the Zoom for Government link prior to the conference. Any questions or communications may be directed to Matthew Meyers, Esq., the law clerk who will be assisting this Court with the claim-construction hearing, at (585) 613-4093. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 3/18/2021. (MFM) (Entered: 03/18/2021)
TEXT SCHEDULING ORDER: Counsel for Plaintiffs contacted chambers and, with the consent of opposing counsel, requested an adjournment to tomorrow`s conference. The request is granted. The Status Conference is now set for 8/17/2021 at 02:00 PM via videoconference before Magistrate Judge Jonathan W. Feldman. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 8/10/2021. (MFM) (Entered: 08/10/2021)
TEXT SCHEDULING ORDER: The Markman Hearing is now set for 6/2/2021 at 09:30 AM in US Courthouse, 100 State Street, Rochester NY 14614 before Magistrate Judge Jonathan W. Feldman. The hearing will be conducted in person. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 5/6/2021. (MFM) (Entered: 05/06/2021)
TEXT SCHEDULING ORDER: The time of the tutorial is modified. The tutorial is now set for 5/4/2021 at 3:30 PM before Magistrate Judge Jonathan W. Feldman. All other deadlines remain the same. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 4/1/2021. (MFM) (Entered: 04/01/2021)
TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott. The Magistrate Judge is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. Section 636(b)(1)(A) and (B), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall also hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. Section 636(b)(1)(B) and (C). All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. Section 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Richard J. Arcara on 4/27/15. (LAS) (Entered: 04/27/2015)
MINUTES OF PROCEEDINGS BEFORE MAGISTRATE JUDGE HUGH B. SCOTT A scheduling conference was held on July 15, 2015. Present: M. Berchou for plaintiff; R. Flusky for defendants. The Court will issue a scheduling order as discussed at conference. (JRA) (Entered: 07/16/2015)
TEXT ORDER granting 14 Motion to Amend or Correct. An amended scheduling order will issue shortly. SO ORDERED. Issued by Hon. Hugh B. Scott on 9/8/2015. (GAI) (Entered: 09/08/2015)
TEXT ORDER granting 19 Motion for Protective Order. The protective order will be docketed separately. SO ORDERED. Issued by Hon. Hugh B. Scott on 9/30/2015. (GAI) (Entered: 09/30/2015)
TEXT ORDER approving 34 Stipulation filed by Lincoln Fabrics Inc. The stipulation is approved as part of overall pretrial scheduling. Any issues pertaining more specifically to the claim construction hearing will be directed to Judge Arcara. SO ORDERED. Issued by Hon. Hugh B. Scott on 11/30/2016. (GAI) (Entered: 11/30/2016)
TEXT ORDER approving 37 Stipulation filed by Barrday Corp., Barrday, Inc. The stipulation is approved as part of overall pretrial scheduling. Any issues pertaining more specifically to the claim construction hearing will be directed to Judge Arcara. SO ORDERED. Issued by Hon. Hugh B. Scott on 12/21/2016. (GAI) (Entered: 12/21/2016)
TEXT ORDER approving 40 Stipulation filed by Lincoln Fabrics Inc. As before, the stipulation is approved as part of overall pretrial scheduling. Any issues pertaining more specifically to the claim construction hearing will be directed to Judge Arcara. SO ORDERED. Issued by Hon. Hugh B. Scott on 1/19/2017. (GAI) (Entered: 01/19/2017)
TEXT ORDER. A Joint Motion 43 for a Claim Construction Hearing was filed. Accordingly, A Claim Construction Hearing is scheduled for November 6, 2018 at 9:30 AM before Hon. Richard J. Arcara. Prior to the hearing, a Status Conference is scheduled for September 11, 2018 at 9:30 AM before Hon. Richard J. Arcara. SO ORDERED. Issued by Hon. Richard J. Arcara on August 15, 2018. (DJD) (Entered: 08/15/2018)
TEXT ORDER. For the reasons stated on the record on October 4, 2018 and October 9, 2018, the Court recuses itself from this case and directs the Clerk of Court to randomly reassign the case to a different district judge. SO ORDERED. Issued by Hon. Richard J. Arcara on October 9, 2018. (DJD) -CLERK TO FOLLOW UP- (Entered: 10/09/2018)
TEXT ORDER. This case is referred back to Magistrate Judge Hugh B. Scott in accordance with the referral order dated 4/27/2015, including to schedule and conduct a claim construction hearing. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 9/24/2020. (CMD) (Entered: 09/24/2020)
TEXT ORDER: By order dated 9/24/2020, District Judge Lawrence J. Vilardo referred the matter to this Court to schedule and conduct a claim construction hearing. To that end, the Court orders the parties to submit a joint status report by 10/16/2020. This status report shall contain a brief statement of the case, the issues to be resolved at the claim construction hearing, and any other matters the parties wish to bring to the Court`s attention. In addition, the parties should jointly address whether the appointment of a Master, pursuant to FRCP 53, would be appropriate, in light of the specialized nature of the issues and the realities posed by the pandemic. SO ORDERED. Signed by Hon. Hugh B. Scott on 9/25/2020. (MFM) (Entered: 09/25/2020)
TEXT ORDER re 50 Joint Status Report. The parties indicate that they are ready to proceed with a hearing before this Court. The Court intends to conduct the claim construction hearing in person at the Buffalo Courthouse. To assist with scheduling the matter, the parties shall jointly submit a short, detailed proposed schedule/timetable for the hearing, which shall include the issues the parties would like to address and a definitive list of any witnesses they intend to call. In their previous prehearing statement, the parties indicated that expert testimony "may" not be necessary. See Dkt. No. 29 at 21, 22. The parties shall confirm whether they intend to present expert testimony. The joint proposed schedule is due by November 2, 2020. SO ORDERED. Signed by Hon. Hugh B. Scott on 10/26/2020. (MFM) (Entered: 10/26/2020)
TEXT ORDER re: 51 Order on Parties` Proposed Schedule. On 10/26/2020, the Court ordered the parties to submit, by 11/2/2020, a joint proposed schedule for the hearing. The parties did not timely file their proposal. The parties shall file the proposed schedule, as set forth in the Court`s prior order, no later than 5:00 PM on 11/4/2020. SO ORDERED. Signed by Hon. Hugh B. Scott on 11/3/2020. (MFM) (Entered: 11/03/2020)
TEXT ORDER. Telephonic Status Conference set for 2/9/2021 at 1:30 PM in U.S. Courthouse, 2 Niagara Square, Buffalo, NY 14202-3350 before Hon. Lawrence J. Vilardo. PLEASE NOTE: The proceeding described herein will be held remotely. Dial-in instructions will be emailed directly to the parties. Public access to the proceeding can be obtained by viewing Judge Vilardo`s calendar on the public website at www.nywd.uscourts.gov, or by contacting Judge Vilardo`s chambers at (716) 551-1621. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/6/2021. (CMD) (Entered: 02/06/2021)
Minute Entryfor proceedings held before Hon. Lawrence J. Vilardo: Telephonic Status Conference held on 2/9/2021. Court ordered that this proceeding is not to be recorded, or taped in any way. If someone does record it, they will be found in contempt of court. Court advised parties that Judge Scott is no longer available for hearing, and presented option of case being reassigned to Magistrate Judge Jonathan Feldman. Parties to file a joint status report by 2/17/2021 advising if they will consent to case proceeding before Magistrate Judge Feldman, or if the claim construction hearing will be held by Judge Vilardo. Appearances by AT&T Teleconference: For plaintiffs: Michael J. Berchou. For defendant: Robert J. Fluskey, Jr., and Charles Rauch. (Court Reporter Ann M. Sawyer.) (CMD) (Entered: 02/10/2021)
TEXT ORDER re 56 Status Report/Consent to Proceed before Magistrate Judge Jonathan W. Feldman is HEREBY SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 2/22/2021. (CMD) -CLERK TO FOLLOW UP- Modified to correct typo on 2/22/2021 (CMD). (Entered: 02/22/2021)
Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: Status Conference held on 3/23/2021. Court ordered that this proceeding is not to be recorded, or taped in any way. The Court is requesting a tutorial to become more familiar with the case and the technology. The Attorney`s will work with their clients regarding a possible joint tutorial and notify the court of possible dates withing one week. Appearances by ZOOM: Michael Berchou, Esq. for Plaintiff; Robert Fluskey, Esq. for Defendant; Charlie Rauch, Esq. for Defendant. (Court Reporter Digital Recording.) (BK) (Entered: 03/26/2021)
TEXT ORDER: The tutorial is scheduled for 5/4/2021 at 02:00 PM in US Courthouse, 100 State Street, Rochester NY 14614 before Magistrate Judge Jonathan W. Feldman. The parties shall meet and confer as to whether they prefer to conduct the tutorial by Zoom videoconference or in person. By 4/15/2021, the parties shall notify the Court of their preference. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 4/1/2021. (MFM) (Entered: 04/01/2021)
Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: Appearances via Zoom for Government: Michael Berchou, Esq./pl; Tony Fiorenzini for Pl.; Michael Jarrett for Pl.; Jason Van Heerden for Pl., Robert Fluskey, Esq. for Def., Charles Rauch, Esq. for Def.; Harry Kamphuber for Defendant, Tulin Oktem for Defendant; Tutorial held on 5/4/2021. Markman Hearing to be scheduled in person in Rochester, New York. (Zoom for Government Recording) (LMD) (Entered: 05/05/2021)
Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: Appearances in person: Michael James Berchou, Esq./pl.; Robert J. Fluskey,Jr., Esq./def. and Charles Rauch, Esq./def. Markman Hearing held on 6/2/2021. Court will issue a written decision. (Court Reporter Diane Martens.) (LMD) (Entered: 06/02/2021)
TEXT ORDER: As discussed at today`s status conference, Plaintiffs may file their motion for clarification and/or reconsideration by September 1, 2021. Defendant may file a response by September 22, 2021, and Plaintiffs may file a reply by September 29, 2021. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 8/17/2021. (MFM) (Entered: 08/17/2021)
Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: Appearances: Michael Berchou, Esq./pl. ; Robert Fluskey, Esq. and Charles Rauch, Esq./def.Status Conference held on 8/17/2021. Deadlines set. Text Order issued setting forth those deadlines. (Court Reporter Zoom for Government Recording.) (LMD) (Entered: 08/20/2021)
TEXT ORDER: The Court has completed its involvement in this matter pursuant to the referral order dated March 12, 2021 (Docket # 58). See Docket # 63 (Claim Construction Order); Docket # 69 (Order on Motion for Clarification). A new scheduling order has been issued. Docket # 71. This matter is now referred back to District Judge Vilardo for further proceedings, and the Clerk of Court is directed to update the docket to reflect that the undersigned is no longer assigned to the case. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 11/18/2021. (MFM) -CLERK TO FOLLOW UP- (Entered: 11/18/2021)
Minute Entry for proceedings held before Magistrate Judge Jonathan W. Feldman: Status Conference held on 11/18/2021. The Court will sign and file the Amended Scheduling Order. The parties will pursue settlement discussions and contact the Court if they require further assistance. The case will return to Judge Vilardo`s calendar. Michael Berchou, Esq.; Robert Fluskey, Esq., by Zoom. (Court Reporter Christi Macri.) (PR) (Entered: 11/18/2021)
TEXT REFERRAL ORDER - Hon. Michael J. Roemer, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 11/19/2021. (CMD) (Entered: 11/19/2021)
COMPLAINT for Patent Infringement against Lincoln Fabrics Inc. ( Filing fee $ 400 receipt number 0209-2210532.), filed by Barrday, Inc., Barrday Corp.. (Attachments: # 1 Exhibit A (U.S. Patent No. 8,573,261), # 2 Civil Cover Sheet, # 3 Summons)(Berchou, Michael) (Entered: 02/24/2015)
Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: # 1 Complaint, # 2 docket sheet)(DZ) (Entered: 02/25/2015)
ANSWER to 1 Complaint, by Lincoln Fabrics Inc.. (Attachments: # 1 Certificate of Service)(Fluskey, Robert) (Entered: 04/24/2015)
DISCOVERY PLAN by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 07/08/2015)
Stipulation-Selection of Mediator by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 08/27/2015)
Joint MOTION to Amend/Correct 12 Scheduling Order, by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 09/07/2015)
STIPULATION & Consent to Amendment of Complaint by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Exhibit A (First Amended Complaint), # 2 Certificate of Service)(Berchou, Michael) (Entered: 09/21/2015)
AMENDED COMPLAINT against Lincoln Fabrics Inc., filed by Barrday, Inc., Barrday Corp.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Berchou, Michael) (Entered: 09/21/2015)
Joint MOTION for Protective Order by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Exhibit A (Proposed Protective Order), # 2 Certificate of Service)(Berchou, Michael) (Entered: 09/29/2015)
ANSWER to 22 Answer to Amended Complaint, Counterclaim by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 10/27/2015)
Joint MOTION for Extension of Time to Complete Discovery by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 04/01/2016)
Joint MOTION for Extension of Time to Complete Discovery by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 08/24/2016)
PRETRIAL STATEMENT by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 08/31/2016)
Joint MOTION for Extension of Time to Complete Discovery , Joint MOTION for Extension of Time to File Claim Construction Briefs by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 10/19/2016)
MEMORANDUM/BRIEF Opening Claim Construction Brief by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Stanat, Erika) (Entered: 10/28/2016)
DECLARATION re 32 Memorandum/Brief filed by Barrday Corp., Barrday, Inc. In Support of Barrday`s Opening Claim Construction Brief. (Attachments: # 1 Exhibit, # 2 Exhibit)(Stanat, Erika) (Entered: 10/28/2016)
MEMORANDUM/BRIEF In Support of Claim Construction by Lincoln Fabrics Inc.. (Attachments: # 1 Affidavit Declaration of Robert Fluskey, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Certificate of Service Certificate of Service)(Fluskey, Robert) (Entered: 12/08/2016)
STIPULATION re 35 Text Order, Stipulation and Joint Motion to Amend Claim Construction Briefing Schedule by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Certificate of Service)(Berchou, Michael) (Entered: 12/20/2016)
MEMORANDUM/BRIEF Reply Claim Construction Brief by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Reply Declaration of Michael J. Berchou, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Certificate of Service)(Berchou, Michael) (Entered: 12/29/2016)
REPLY/RESPONSE to re 36 Memorandum/Brief, Lincoln`s Opening Claim Construction Brief filed by Lincoln Fabrics Inc.. (Attachments: # 1 Declaration of Charles Rauch In Support of Lincoln`s Opening Claim Construction Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Certificate of Service)(Fluskey, Robert) (Entered: 01/25/2017)
MOTION FOR CLARIFICATION OF CLAIM CONSTRUCTION ORDER by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Berchou, Michael) (Entered: 09/01/2021)
Joint MOTION for Entry of Judgment under Rule 54(b) by Barrday Corp., Barrday, Inc.. (Attachments: # 1 Exhibit A (Stipulation and Final Judgment))(Berchou, Michael) (Entered: 05/10/2022)
Corporate Disclosure Statement by Barrday Corp., Barrday, Inc. identifying Corporate Parent 2005 Barrday Holding Inc. for Barrday Corp., Barrday, Inc... (Berchou, Michael) (Entered: 02/24/2015)
Summons Issued as to Lincoln Fabrics Inc. (DZ) (Entered: 02/25/2015)
WAIVER OF SERVICE Returned Executed by Barrday, Inc., Barrday Corp.. Lincoln Fabrics Inc. waiver sent on 2/25/2015, answer due 4/27/2015. (Berchou, Michael) (Entered: 03/05/2015)
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDER This case has been referred to the undersigned for pretrial proceedings. A scheduling conference will be held on June 23, 2015 at 2:15 p.m., in the courtroom of the undersigned at 2 Niagara Square, Buffalo, New York. PRIOR TO THE SCHEDULING CONFERENCE, THE PARTIES ARE DIRECTED TO COMPLY WITH THE REQUIREMENTS OF RULE 26 OF THE FEDERAL RULES OF CIVIL PROCEDURE. This means that, at a minimum, (1) the parties are to have exchanged initial disclosures as required by Rule 26(a)(1); (2) the parties are to have met or conferred as required under Rule 26(f); and (3) the parties are to have submitted a proposed discovery plan to the Court at least 7 days prior to the scheduling conference as also required by Rule 26(f). Also, the Magistrate Judge is available to conduct any or all proceedings in a jury or non-jury civil matter and to order the entry of judgment in the case pursuant to 28 U.S.C. 636(c). Attached hereto is a Notice of Right to Consent to Disposition of a Civil Case by a United States Magistrate Judge, together with a consent form, for consideration by the parties. The parties are encouraged to consider and act favorably on such consents; however, it is emphasized that there will be no substantive adverse consequences should the parties elect not to do so. So Ordered. Signed by Hon. Hugh B. Scott on 5/5/2015. (JRA) (Entered: 05/06/2015)
ORDER OF MAGISTRATE JUDGE HUGH B. SCOTT TEXT OF THE ORDER By letter dated June 9, 2015(attached), the defendant has requested that the scheduling conference in this matter be adjourned to July 15, 2015 at 2:30 p.m. before the undersigned. The plaintiff agrees to the modification. The request is granted. So Ordered. Signed by Hon. Hugh B. Scott on 6/12/2015. (JRA) (Entered: 06/12/2015)
SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text may not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Stipulation of Selection of Mediator due by 8/14/2015. First Mediation Session due by 10/16/2015. Signed by Hon. Hugh B. Scott on 7/16/2015. (JRA) (Entered: 07/16/2015)
AMENDED SCHEDULING/CASE MANAGEMENT ORDER (Please Note: This docket text does not contain the entire contents of the attached Order. It is your responsibility to read the attached Order and download it for future reference. Direct any questions to the Chambers of the Judge who entered this Order.) Signed by Hon. Hugh B. Scott on 9/8/2015. (GAI) (Entered: 09/08/2015)
STIPULATED PROTECTIVE ORDER. Signed by Hon. Hugh B. Scott on 9/30/2015. (GAI) (Entered: 09/30/2015)
Lincoln`s ANSWER to 18 Amended Complaint , COUNTERCLAIM against All Plaintiffs by Lincoln Fabrics Inc..(Fluskey, Robert) (Entered: 10/05/2015)
ORDER granting 24 Motion for Extension of Time to Complete Discovery. Signed by Hon. Hugh B. Scott on 4/4/2016. (GAI) (Entered: 04/04/2016)
NOTICE of Appearance by Erika N.D. Stanat on behalf of Barrday Corp., Barrday, Inc. (Stanat, Erika) (Entered: 08/18/2016)
ORDER granting 27 Motion for Extension of Time to Complete Discovery. Signed by Hon. Hugh B. Scott on 8/25/2016. (GAI) (Entered: 08/25/2016)
ORDER granting 30 Motion for Extension of Time to Complete Discovery; granting 30 Motion for Extension of Time to File. Signed by Hon. Hugh B. Scott on 10.20.2016. (GAI) (Entered: 10/20/2016)
STIPULATION and Joint Motion to Amend Scheduling Order by Lincoln Fabrics Inc.. (Fluskey, Robert) (Entered: 11/29/2016)
STIPULATION re 37 Stipulation and Joint Motion to Amend Claim Construction Briefing Schedule by Lincoln Fabrics Inc.. (Fluskey, Robert) (Entered: 01/18/2017)
Joint MOTION for Hearing (Joint Proposal for Claim Construction Hearing Pursuant to Local Patent Rule 4.7) by Barrday Corp., Barrday, Inc..(Berchou, Michael) (Entered: 08/10/2018)
NOTICE of Appearance by Jessica L. Copeland on behalf of Lincoln Fabrics Inc. (Copeland, Jessica) (Entered: 09/10/2018)
Letter filed by Lincoln Fabrics Inc. as to Lincoln Fabrics Inc. Request for Status Conference to Schedule Claim Construction Hearing. (Fluskey, Robert) (Entered: 02/21/2019)
STATUS REPORT (Joint) by Barrday Corp., Barrday, Inc.. (Berchou, Michael) (Entered: 10/20/2020)
STATUS REPORT Proposed Schedule for Construction Claim Hearing by Lincoln Fabrics Inc.. (Fluskey, Robert) (Entered: 11/04/2020)
STATUS REPORT Joint Status Report by Lincoln Fabrics Inc.. (Fluskey, Robert) (Entered: 02/18/2021)
REFERENCE ORDER: The claim construction hearing is referred to United States Magistrate Judge Jonathan Feldman to conduct all proceedings and enter a final claim construction order in accordance with 28 U.S.C. § 636(c). Signed by Hon. Lawrence J. Vilardo on 3/12/21. (JHF) (Entered: 03/12/2021)
DECISION AND ORDER RE: CLAIM CONSTRUCTION. For the reasons stated herein, the Court adopts in substantial part Lincoln`s proposed construction of the term "securing yarns." The Court declines to address the remaining disputed terms at this time. Prior to August 11, 2021, the parties shall meet and confer regarding how this case should proceed. A status conference is set for 8/11/2021 at 10:00 AM via videoconference before Magistrate Judge Jonathan W. Feldman. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 7/21/2021. (MFM) (Entered: 07/21/2021)
RESPONSE in Opposition re 66 MOTION FOR CLARIFICATION OF CLAIM CONSTRUCTION ORDER filed by Lincoln Fabrics Inc.. (Fluskey, Robert) (Entered: 09/22/2021)
REPLY to Response to Motion re 66 MOTION FOR CLARIFICATION OF CLAIM CONSTRUCTION ORDER filed by Barrday Corp., Barrday, Inc.. (Berchou, Michael) (Entered: 09/29/2021)
DECISION AND ORDER denying 66 Motion for Clarification. Before referring the matter back to District Judge Vilardo for further proceedings, the Court will hold a videoconference with counsel on November 18, 2021 to discuss further proceedings. No later than November 12, 2021, counsel shall confer and file a joint proposal for a final scheduling order pursuant to Rule 16(b). SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 10/28/2021. (MFM) (Entered: 10/28/2021)
Proposed Pretrial Order (Joint) by Barrday Corp., Barrday, Inc.. (Berchou, Michael) (Entered: 11/12/2021)
AMENDED SCHEDULING ORDER: See Order for further details and deadlines. SO ORDERED. Signed by Magistrate Judge Jonathan W. Feldman on 11/18/2021. (MFM) (Entered: 11/18/2021)
Joint MOTION for Extension of Time to Complete Discovery by Barrday Corp., Barrday, Inc..(Berchou, Michael) (Entered: 01/28/2022)
STIPULATION AND ORDER re Amended Scheduling Order. Signed by Hon. Michael J. Roemer on 2/1/2022. (CGJ) (Entered: 02/02/2022)
Joint MOTION for Extension of Time to Complete Discovery by Barrday Corp., Barrday, Inc..(Berchou, Michael) (Entered: 03/04/2022)
STIPULATION AND ORDER Amending Scheduling Order. Signed by Hon. Michael J. Roemer on 3/7/2022. (RAZ) (Entered: 03/07/2022)
Joint MOTION for Extension of Time to File Stipulation and Motion for Judgment by Barrday Corp., Barrday, Inc..(Berchou, Michael) (Entered: 04/05/2022)
STIPULATION AND ORDER Amending Scheduling Order. Signed by Hon. Michael J. Roemer on 4/12/2022. (RAZ) (Entered: 04/12/2022)
STIPULATION AND FINAL JUDGMENT granting joint motion for entry of judgment under Rule 54(b), Docket Item 81 , filed by the plaintiffs. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 5/12/2022. (EK) -CLERK TO FOLLOW UP- Modified title on 5/13/2022 (SG). (Entered: 05/12/2022)
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