1:19-cv-00675 - Ultimate Home Protector Pans Inc v. Haier US Appliance Solutions Inc et al.

Detail

Case Number

1:19-cv-00675

Current Status

closed

Cause of Action

Infringement

Related Case(s)

3:19-cv-00190

Court

North Carolina Middle District Court

Plaintiff(s)

Ultimate Home Protector Pans Inc

Operating Company

Defendant(s)

Haier US Appliance Solutions Inc

Haier US Appliance Operation LLC

Judge

WILLIAM L. OSTEEN, JR

Filing Date

2019-07-10

Termination Date

2020-08-24

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Dockets
Text
CIVIL DOCKET
UPDATED CIVIL DOCKET
UPDATED CIVIL DOCKET
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle) (Entered: 07/10/2019)
Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAGISTRATE JUDGE JOE L. WEBSTER. (Coyne, Michelle) (Entered: 07/10/2019)
MOTION to Transfer Case by Defendants Haier US Appliance Operation, LLC, Haier US Appliance Solutions, Inc. (See DN 7 to view PDF) (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/03/2019)
COMPLAINT FOR PATENT INFRINGEMENT against Haier US Appliance Operation, LLC and Haier US Appliance Solutions, Inc., filed by Ultimate Home Protector Pans, Inc. Filing fee $ 400, Receipt Number 0644-2826044. (Attachments: # 1 Cover Sheet, # 2 Exhibit A-Patent# 8,393,351, # 3 Exhibit B-Driptite Washer & Dryer Pan, # 4 Exhibit C-GE Low Profile Universal Washing Machine Floor Tray, # 5 Notice of Request for Waiver of Service of a Summons) (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 03/15/2019)
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Transfer Case by Defendants Haier US Appliance Operation, LLC, Haier US Appliance Solutions, Inc. (Attachments: # 1 Exhibit A-Russell Declaration, # 2 Exhibit B, part 1-File Wrapper, # 3 Exhibit B, part 2-File Wrapper, # 4 Exhibit B, part 3-File Wrapper, # 5 Exhibit B, part 4-File Wrapper, # 6 Exhibit C-`739 Patent, # 7 Exhibit D-Assignment Abstract, # 8 Exhibit E-MDNC Complaint, # 9 Exhibit F-Motion to Dismiss, # 10 Exhibit G-Caseload Profiles, # 11 Proposed Order) (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 05/31/2019)
MOTION for David W. Sar to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2876256. by Defendants Haier US Appliance Operation, LLC, Haier US Appliance Solutions, Inc. (Attachments: # 1 Exhibit A-Certificate of Good Standing, # 2 Proposed Order) (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 05/31/2019)
MOTION for Matthew B. Tynan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2887292. by Defendants Haier US Appliance Operation, LLC, Haier US Appliance Solutions, Inc. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Proposed Order) (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/18/2019)
Case transferred in from District of Kentucky Western; Case Number 3:19-cv-00190. Original file certified copy of transfer order and docket sheet received. (Entered: 07/10/2019)
MOTION to Withdraw as Attorney DAVID WILLIAM SAR (Motion to Withdraw as Counsel of Record on Behalf of Donald J. Kelly and Sean G. Williamson) by on behalf of HAIER US APPLIANCE OPERATION, LLC, HAIER US APPLIANCE SOLUTIONS, INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(SAR, DAVID) (Entered: 07/16/2019)
Joint MOTION to Consolidate Cases. Case to be consolidated with 1:19-cv-280 (Joint Motion to Consolidate and Set Schedule) by HAIER US APPLIANCE OPERATION, LLC, HAIER US APPLIANCE SOLUTIONS, INC.. Response to Motion due by 8/27/2019 (Attachments: # 1 Text of Proposed Order)(SAR, DAVID) (Entered: 08/06/2019)
MOTION for Extension of Time to respond to Judge Osteens Order dated 4/9/20 to obtain new counsel for Plaintiff, ULTIMATE HOME PROTECTOR PANS, INC. by FRANK L. CARTER. (Attachments: # 1 Envelope - Front and Back) (Daniel, J) (Entered: 05/12/2020)
Case Assignment (Random Selection): Case Assigned to Chief Judge Greg N. Stivers. (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 03/15/2019)
NOTICE of Filing or Determination re:Patent or Trademark re 1 Complaint, (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 03/15/2019)
AMENDED NOTICE of Filing or Determination re:Patent or Trademark re 1 Complaint, (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 03/19/2019)
SECOND AMENDED NOTICE of Filing or Determination re:Patent or Trademark re 1 Complaint (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 03/20/2019)
Corporate Disclosure Statement by Ultimate Home Protector Pans, Inc.. (Valenti, Michael) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 04/30/2019)
Corporate Disclosure Statement identifying Corporate Parent Haier US Appliance Holdings, Inc. for Haier US Appliance Solutions, Inc.. by Haier US Appliance Solutions, Inc.. (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 05/31/2019)
Corporate Disclosure Statement identifying Corporate Parent Haier US Appliance Solutions, Inc. for Haier US Appliance Operation, LLC. by Haier US Appliance Operation, LLC. (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 05/31/2019)
ORDER by Chief Judge Greg N. Stivers on 6/4/2019 granting 10 Motion for David W. Sar to Appear Pro Hac Vice cc: Counsel; David W. Sar(JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/04/2019)
Proposed Agreed Order/Stipulation re 7 by Ultimate Home Protector Pans, Inc.. (Valenti, Michael) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/17/2019)
AGREED ORDER FOR EXTENSION OF TIME TO RESPOND by Chief Judge Greg N. Stivers on 6/18/2019 re 12 Proposed Agreed Order/Stipulation. Plaintiff shall have up to and including 7/8/2019 to file a response to the Motion to Dismiss or Transfer (DN 7 ).cc:counsel (JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/18/2019)
ORDER GRANTING PRO HAC VICE ADMISSION TO MATTHEW B. TYNAN by Chief Judge Greg N. Stivers on 6/19/2019 granting 14 Motion for Matthew B. Tynan to Appear Pro Hac Vice cc: Counsel; Matthew B. Tynan(JWM) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 06/19/2019)
Proposed Agreed Order/Stipulation by Haier US Appliance Solutions, Inc.. (Kelly, Donald) [Transferred from Kentucky Western on 7/10/2019.] (Entered: 07/03/2019)
JOINT STIPULATION AND AGREED ORDER OF TRANSFER TO THE MIDDLE DISTRICT OF NORTH CAROLINA by Chief Judge Greg N. Stivers re DN 16 on 7/9/2019. Briefing on Defendant`s Motion to Dismiss (DN 7 ) is STAYED pending transfer. cc:counsel; Middle District North Carolina (JWM) Modified to edit text on 7/9/2019 (JWM). [Transferred from Kentucky Western on 7/10/2019.] (Entered: 07/09/2019)
ECF 30 Day Notice as to Hayden Holbrook, Michael Valenti, Donald J. Kelly, Sean G. Williamson. ECF 30 Day Notice due by 8/9/2019 (Coyne, Michelle) (Entered: 07/10/2019)
NOTICE of Appearance by attorney GILBERT J. ANDIA, JR on behalf of Plaintiff ULTIMATE HOME PROTECTOR PANS, INC. (ANDIA, GILBERT) (Entered: 07/16/2019)
NOTICE of Appearance by attorney MICHAEL A. VALENTI on behalf of Plaintiff ULTIMATE HOME PROTECTOR PANS, INC. (VALENTI, MICHAEL) (Entered: 07/17/2019)
NOTICE of Appearance by attorney HAYDEN A. HOLBROOK on behalf of Plaintiff ULTIMATE HOME PROTECTOR PANS, INC. (HOLBROOK, HAYDEN) (Entered: 07/17/2019)
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 8/12/2019, that the parties Joint Motions to Consolidate and Set Schedule, (1:19CV280, (Doc. 17 ); 1:19CV675, (Doc. 24)), are GRANTED and that the cases are hereby CONSOLIDATED. FURTHER that all filings and proceedings shall hereafter be filed in Case No. 1:19CV280. FURTHER that the stay in effect with respect to briefing on the motion to dismiss filed by Haier US Appliance Operation, LLC ("HUSAO") and Haier US Appliance Solutions, Inc. ("HUSAS") is LIFTED, that Plaintiff may file its response no later than 14 days from the date of this Order, and that HUSAO and HUSAS may file their reply to such response no later than 14 days after service of the response. (Butler, Carol) (Entered: 08/12/2019)
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/11/20, for the reasons set forth herein, the court will deny Defendants motions to dismiss. ORDERED that the motion to dismiss or transfer filed by Defendants Haier US Appliance Operation, LLC, and Haier US Appliance Solutions, Inc., (1:19CV675 (Doc. 7 ), and the motion to dismiss filed by Camco Manufacturing, Inc., (1:19CV280 (Doc. 8 ), are DENIED.(Butler, Carol) (Entered: 03/11/2020)
MEMORANDUM OPINION AND ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 3/11/20, for the reasons set forth herein, the court will deny Defendants motions to dismiss. ORDERED that the motion to dismiss or transfer filed by Defendants Haier US Appliance Operation, LLC, and Haier US Appliance Solutions, Inc., (1:19CV675 (Doc. 7 ), and the motion to dismiss filed by Camco Manufacturing, Inc., (1:19CV280 (Doc. 8 ), are DENIED.(Butler, Carol) (Entered: 03/11/2020)
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 4/9/20, that Frank Carters Motions to Transfer Our Counsel to Agent, Self- Representation for Plaintiff Ultimate Home Protector Pans, Inc., d/b/a Driptite, (Docs. 27, 28 ), are DENIED FURTHER ORDERED that the motions of Michael A. Valenti, (Doc. 24 ), Hayden A. Holbrook, (Doc. 25 ), and Gilbert J. Andia, Jr., (Doc. 26 ), filed on behalf of themselves and their respective e firms to withdraw from representation of Plaintiff are GRANTED. Counsel and their respective firms are withdrawn from any further representation of, or responsibility for, Plaintiff Driptite and/or Ultimate Home Protector Pans, Inc. FURTHER that Michael A. Valenti, Hayden A. Holbrook, or Gilbert J. Andia, Jr., shall serve a copy of this Order, by United States mail, on Driptite and Frank L. Carter and file a certificate of service with this court reflecting service of the Order. FURTHER that Driptite and Ultimate Home Protector Pans, Inc., shall engage substitute counsel to act on behalf of the corporate Plaintiff and that counsel shall make a general appearance in this matter within 30 days of the date of this Order. FAILURE TO ENGAGE COUNSEL WITHIN 30 DAYS MAY RESULT IN DISMISSAL OF THIS CASE AS DESCRIBED ABOVE. The Clerk is directed to set this matter for an initial pretrial conference not less than 45 days from the date of this Order. The Clerk is directed to mail a copy of this Order to Frank L. Carter at the address provided in his motion. (Butler, Carol) (Entered: 04/09/2020)
CERTIFICATE OF SERVICE by ULTIMATE HOME PROTECTOR PANS, INC. re 27 Order (ANDIA, GILBERT) (Entered: 04/13/2020)
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