Case details

Court: ilnd
Docket #: 1:10-cv-03212
Case Name: Universal Beauty Products, Inc v. Morning Glory Products, Inc.
PACER case #: 243735
Date filed: 2010-05-25
Date terminated: 2013-10-21
Date of last filing: 2012-10-24
Assigned to: Honorable John F. Grady
Case Cause: 35:145 Patent Infringement
Nature of Suit: 830 Patent
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Universal Beauty Products, Inc
Plaintiff
 
James B. Zaczek
Law Offices of James B. Zaczek
311 N. Aberdeen
Suite 300-B
Chicago, IL 60607
(312) 527-1090
Fax: (312)5271082
Email: bert@bzlegal.net
ATTORNEY TO BE NOTICED

Byung Hui Whang
B H Whang & Associates Ltd
1100 Hicks Road
Rolling Meadows, IL 60008
(847) 517-3696
Email: WHANGBYUNGHUI@YAHOO.COM
ATTORNEY TO BE NOTICED
Morning Glory Products, Inc.
Defendant
 
Aaron F Barkoff
McAndrews, Held & Malloy, Ltd.
500 West Madison
34th Floor
Chicago, IL 60661
312-775-8000
Email: abarkoff@mcandrews-ip.com
TERMINATED: 05/01/2013
ATTORNEY TO BE NOTICED

Jessica Lorraine Lunney
McDonnell Boehnen Hulbert & Berghoff LLP
300 S. Wacker Drive
Suite 3100
Chicago, IL 60606
312-913-3359
Email: lunney@mbhb.com
TERMINATED: 04/08/2011

John E. Curtin
Capitol Patent & Trademark Law Firm PLLC
8221 Old Courthouse Rd.
Vienna, VA 22182
703 266 3330
TERMINATED: 06/15/2011

Stephen Michael Wurth
Winston & Strawn LLP
35 W. Wacker Drive
Chicago, IL 60601
(312) 558-5600
Fax: (312) 558-5700
Email: swurth@winston.com
TERMINATED: 05/01/2013
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-05-25 1 0 complaint COMPLAINT FOR FALSE MARKING filed by Universal Beauty Products, Inc; Filing fee $ 350, receipt number 0752-4849858. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B)(Whang, Byung) (Entered: 05/25/2010) 2012-11-28 16:53:21 b8ca0f62a4fec704c819efff7f077878984f3935
1 1
1 2 Exhibit EXHIBIT A
1 3 Exhibit EXHIBIT B
2010-05-25 2 0 civil cover sheet CIVIL Cover Sheet (Whang, Byung) (Entered: 05/25/2010)
2010-05-25 3 0 attorney appearance ATTORNEY Appearance for Plaintiff Universal Beauty Products, Inc by Byung Hui Whang (Whang, Byung) (Entered: 05/25/2010) 2012-08-27 10:06:31 5bcb9eeddfeab96e5bfe24372823e7b249b53396
2010-06-02 4 0 letter LETTER from Byung Hui Whang dated 5/26/10 regarding trademark information. (gcy, ) (Entered: 06/04/2010)
2010-06-25 5 0 motion for order MOTION by Plaintiff Universal Beauty Products, Inc for order to extend time to answer or otherwise respond to the complaint. (Whang, Byung) (Entered: 06/25/2010)
2010-07-02 6 0 order on motion for order MINUTE entry before Honorable John F. Grady:Motion for order 5 is moot. By agreement of the parties, the defendant shall answer or otherwise plead to the complaint by 8/20/2010.Mailed notice (jlj, ) (Entered: 07/02/2010)
2010-07-06 7 0 attorney appearance ATTORNEY Appearance for Defendant Morning Glory Products, Inc. by Aaron F Barkoff (Barkoff, Aaron) (Entered: 07/06/2010)
2010-07-06 8 0 attorney appearance ATTORNEY Appearance for Defendant Morning Glory Products, Inc. by Jessica Lorraine Lunney (Lunney, Jessica) (Entered: 07/06/2010)
2010-07-09 9 0 motion to appear pro hac vice MOTION by John E. Curtin for Leave to Appear Pro Hac Vice Filing fee $ 50. (mjc, ) (Entered: 07/15/2010)
2010-07-19 10 0 order on motion to appear pro hac vice MINUTE entry before Honorable John F. Grady:Application to appear pro hac vice 9 is granted. John E. Curtin added as counsel for the defendant. Mailed notice (jlj, ) (Entered: 07/19/2010)
2010-07-20 11 0 set/reset hearings MINUTE entry before Honorable John F. Grady:Initial status hearing set for 09/22/2010 at 10:30 a.m. Parties are directed to file a joint status report and submit a courtesy copy to chambers on or before 09/13/2010.Mailed notice (jlj, ) (Entered: 07/20/2010)
2010-08-06 12 0 motion for extension of time to file answer MOTION by Defendant Morning Glory Products, Inc. for extension of time to file answer or otherwise plead (motion is unopposed) (Lunney, Jessica) (Entered: 08/06/2010)
2010-08-06 13 0 notice of filing NOTICE by Morning Glory Products, Inc. re MOTION by Defendant Morning Glory Products, Inc. for extension of time to file answer or otherwise plead (motion is unopposed) 12 (Lunney, Jessica) (Entered: 08/06/2010)
2010-08-09 14 0 order on motion for extension of time to answer MINUTE entry before Honorable John F. Grady:Motion for extension of time to answer 12 is granted. Defendant to answer or otherwise plead by 09/27/2010.Mailed notice (jlj, ) (Entered: 08/09/2010) 2010-09-23 13:45:28 254292ee934a3aa74caa69b5eccec723c8d3ee57
2010-09-14 15 0 terminate hearings MINUTE entry before Honorable John F. Grady:Initial status hearing set for 9/22/2010 is stricken and reset to 10/13/2010 at 10:30 a.m. Joint status report due by 10/06/2010.Mailed notice (jlj, ) (Entered: 09/14/2010) 2010-09-23 15:40:14 0b0ef0ce31b9205ef886041c687e068f6c4e346e
2010-09-27 16 0 motion to dismiss MOTION by Defendant Morning Glory Products, Inc. to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) (Lunney, Jessica) (Entered: 09/27/2010)
2010-09-27 17 0 notice of motion NOTICE of Motion by Jessica Lorraine Lunney for presentment of motion to dismiss 16 before Honorable John F. Grady on 9/29/2010 at 10:30 AM. (Lunney, Jessica) (Entered: 09/27/2010)
2010-09-27 18 0 memorandum in support of motion MEMORANDUM by Morning Glory Products, Inc. in support of motion to dismiss 16 pursuant to Federal Rule of Civil Procedure 12(b)(6) (Lunney, Jessica) (Entered: 09/27/2010)
2010-09-29 19 0 status hearing MINUTE entry before Honorable John F. Grady: Status hearing held and continued to October 20, 2010 at 10:30 a.m. Parties referred to court's opinion in Simonian v. Edgecraft Corp. (10cv1263) issued September 20, 2010 for discussion at the status hearing. Parties to meet and confer. Mailled notice(air, ) (Entered: 09/29/2010)
2010-09-30 20 0 statement Corporate Disclosure Statement Pursuant to Federal Rule of Civil Procedure 7.1 STATEMENT by Morning Glory Products, Inc. (Lunney, Jessica) (Entered: 09/30/2010)
2010-10-04 21 0 terminate hearings MINUTE entry before Honorable John F. Grady:Status hearing set for 10/13/3010 is canceled and the status hearing set for 10/20/2010 at 10:30 a.m. shall stand. Mailed notice (cdh, ) (Entered: 10/04/2010)
2010-10-20 22 0 order on motion to dismiss MINUTE entry before Honorable John F. Grady: Status hearing held. Plaintiff's response to the Defendant Morning Glory Products, Inc.'s Motion to Dismiss 16 shall be due 11/12/2010; Defendant's reply shall be due 11/26/2010. Defendant's Motion to Dismiss 16 will be taken under advisement.Mailed notice (mjc, ) (Entered: 10/21/2010)
2010-11-12 23 0 response to motion RESPONSE by Universal Beauty Products, Inc to MOTION by Defendant Morning Glory Products, Inc. to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) 16 (Response to Motion to Dismiss) (Attachments: # 1 Notice of Filing Plaintiff's Certificate of Service)(Whang, Byung) (Entered: 11/12/2010)
2010-11-29 24 0 reply to response to motion REPLY by Morning Glory Products, Inc. to response to motion, 23 (Lunney, Jessica) (Entered: 11/29/2010)
2011-04-07 25 0 motion to withdraw as attorney MOTION by counsel for Defendant Morning Glory Products, Inc. to withdraw as attorney (Lunney, Jessica) (Entered: 04/07/2011)
2011-04-07 26 0 notice of motion NOTICE of Motion by Jessica Lorraine Lunney for presentment of motion to withdraw as attorney 25 before Honorable John F. Grady on 4/13/2011 at 10:39 AM. (Lunney, Jessica) (Entered: 04/07/2011)
2011-04-07 27 0 notice of change of address NOTICE by Aaron F Barkoff of Change of Address (Barkoff, Aaron) (Entered: 04/07/2011)
2011-04-08 28 0 order on motion to withdraw as attorney MINUTE entry before Honorable John F. Grady: Jessica L. Lunney's motion for leave to withdraw as counsel for the defendant 25 is granted. No appearance is necessary on April 13, 2011. Attorney Jessica Lorraine Lunney terminated.Mailed notice (mjc, ) (Entered: 04/11/2011)
2011-05-18 29 0 order on motion to dismiss MINUTE entry before Honorable John F. Grady: Defendant's motion to dismiss the complaint 16 is denied. A status hearing is set for June 15, 2011 at 10:30 a.m. SEE DETAILS BELOW. Mailed notice (cdh, ) (Entered: 05/18/2011)
2011-06-01 30 0 answer to complaint ANSWER to Complaint by Morning Glory Products, Inc.(Barkoff, Aaron) (Entered: 06/01/2011)
2011-06-13 31 0 motion to withdraw as attorney MOTION by counsel for Defendant Morning Glory Products, Inc. to withdraw as attorney (Barkoff, Aaron) (Entered: 06/13/2011)
2011-06-13 32 0 motion to withdraw as attorney MOTION by counsel for Defendant Morning Glory Products, Inc. to withdraw as attorney (Amended) (Barkoff, Aaron) (Entered: 06/13/2011)
2011-06-13 33 0 notice of motion NOTICE of Motion by Aaron F Barkoff for presentment of motion to withdraw as attorney 32 before Honorable John F. Grady on 6/15/2011 at 10:30 AM. (Barkoff, Aaron) (Entered: 06/13/2011)
2011-06-15 34 0 order on motion to withdraw as attorney MINUTE entry before Honorable John F. Grady: Status hearing held and continued to October 5, 2011 at 10:30 a.m. Motion hearing held. John E. Curtin's original motion for leave to withdraw 31 is withdrawn. John E. Curtin's amended motion for leave to withdraw as counsel for the defendant 32 is granted. The Clerk's Office is directed to amend the docket sheet to reflect that Aaron F. Barkoff is designated as lead counsel for the defendant. The Court stays this case pending ruling by the Federal Circuit in FLFMC v. Wham-o. Attorney John E. Curtin terminated. Mailed notice (mjc, ) (Entered: 06/17/2011)
2011-09-22 35 0 terminate hearings MINUTE entry before Honorable John F. Grady:At the parties request, the status hearing set for October 5, 2011 is reset to October 19, 2011 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 09/22/2011)
2011-10-19 36 0 status hearing MINUTE entry before Honorable John F. Grady:Status hearing held. Plaintiff's current complaint, which seeks a civil penalty, is dismissed for the reasons stated in open court. See 35 U.S.C. ยง 292. Plaintiff may have until November 9, 2011 to file an amended complaint alleging competitive injury and seeking actual damages as a result of that injury. Defendant may have until November 30, 2011 to answer or otherwise plead to the amended complaint. Discovery to proceed forthwith. Status hearing is set for February 29, 2012 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 10/20/2011)
2011-11-08 37 0 amended complaint First AMENDED complaint by Universal Beauty Products, Inc against Morning Glory Products, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit)(Whang, Byung) (Entered: 11/08/2011)
2011-11-30 38 0 answer to amended complaint ANSWER to amended complaint by Morning Glory Products, Inc.(Barkoff, Aaron) (Entered: 11/30/2011)
2012-02-29 39 0 status hearing MINUTE entry before Honorable John F. Grady: Status hearing held. The defendant is given leave to file a motion to transfer this case by March 14, 2012. The plaintiff may respond to the motion by March 28, 2012, and the defendant may reply by April 9, 2012. Mailed notice (cdh, ) (Entered: 03/01/2012)
2012-03-09 40 0 attorney appearance ATTORNEY Appearance for Defendant Morning Glory Products, Inc. by Stephen Michael Wurth (Wurth, Stephen) (Entered: 03/09/2012)
2012-03-14 41 0 motion to transfer case MOTION by Defendant Morning Glory Products, Inc. to transfer case (Barkoff, Aaron) (Entered: 03/14/2012)
2012-03-14 42 0 memorandum in support of motion MEMORANDUM by Morning Glory Products, Inc. in support of motion to transfer case 41 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Barkoff, Aaron) (Entered: 03/14/2012)
2012-03-28 43 0 memorandum in opposition to motion MEMORANDUM by Universal Beauty Products, Inc in Opposition to motion to transfer case 41 (Whang, Byung) (Entered: 03/28/2012)
2012-04-09 44 0 reply REPLY by Defendant Morning Glory Products, Inc. to motion to transfer case 41 (Barkoff, Aaron) (Entered: 04/09/2012)
2012-10-18 45 0 order on motion to transfer case MINUTE entry before Honorable John F. Grady:Enter Memorandum Opinion. The defendant's motion to transfer venue 41 is denied. A status hearing is set for October 24, 2012 at 10:30 a.m. Mailed notice (ldg, ) (Entered: 10/18/2012)
2012-10-18 46 0 memorandum opinion and order MEMORANDUM Opinion. Signed by the Honorable John F. Grady on 10/18/2012.Mailed notice(ldg, ) (Entered: 10/18/2012) 2012-10-19 09:22:44 821616c475e8990b6bfbcb197e71be7966806fec
2012-10-22 47 0 motion to withdraw MOTION by Defendant Morning Glory Products, Inc. to withdraw (Barkoff, Aaron) (Entered: 10/22/2012) 2012-11-28 16:52:01 69df001dfed442e3286c37024d62583906657c99
2012-10-22 48 0 notice of motion NOTICE of Motion by Aaron F Barkoff for presentment of motion to withdraw 47 before Honorable John F. Grady on 10/24/2012 at 10:30 AM. (Barkoff, Aaron) (Entered: 10/22/2012)
2012-10-24 49 0 attorney appearance ATTORNEY Appearance for Plaintiff Universal Beauty Products, Inc by James B. Zaczek (Zaczek, James) (Entered: 10/24/2012)
2012-10-24 50 0 order on motion to withdraw MINUTE entry before Honorable John F. Grady: Status hearing held. Motion hearing held. The oral request of counsel for the defendant to withdraw its motion for leave to withdraw is granted. The motion of Aaron F. Barkoff and Stephen M. Wurth for leave to withdraw as counsel for the defendant 47 is withdrawn. The parties are directed to conduct informal discovery to address the defendant's ability to respond in damages, should the plaintiff prevail on the merits. A further status hearing is set for December 19, 2012 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 10/24/2012) 2012-11-28 18:23:17 e728da4c58575ff15df119be973f73df48ae92c3
2012-12-19 51 0 MINUTE entry before Honorable John F. Grady: Status hearing held and continued to January 23, 2013 at 10:30 a.m. for a report on settlement efforts. Mailed notice (cdh, ) (Entered: 12/19/2012)
2013-01-23 52 0 MINUTE entry before Honorable John F. Grady: Status hearing held. The defendant failed to appear. A further status hearing is set for January 30, 2013 at 1:30 p.m. Mailed notice (cdh, ) (Entered: 01/24/2013)
2013-01-30 53 0 MINUTE entry before Honorable John F. Grady: Status hearing held and continued to February 27, 2013 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 01/30/2013)
2013-02-25 54 0 MINUTE entry before Honorable John F. Grady: Due to the forecast for inclement weather, the status hearing set for Wednesday, February 27, 2013 is canceled and reset to Thursday, February 28, 2013 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 02/25/2013)
2013-02-28 55 0 MINUTE entry before Honorable John F. Grady: Status hearing held and continued to March 20, 2013 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 03/04/2013)
2013-03-19 56 0 MINUTE entry before Honorable John F. Grady: At the request of the parties, the status hearing set for March 20, 2013 is canceled and reset to April 17, 2013 at 10:30 a.m. No appearance is required on March 20, 2013. Mailed notice (cdh, ) (Entered: 03/19/2013)
2013-04-17 57 0 MINUTE entry before Honorable John F. Grady: Status hearing held and continued to May 1, 2013 at 10:30 a.m. to set a discovery cutoff date and a trial date. Mailed notice (cdh, ) (Entered: 04/18/2013)
2013-04-26 58 0 MOTION by Defendant Morning Glory Products, Inc. to withdraw (Barkoff, Aaron) (Entered: 04/26/2013)
2013-04-26 59 0 NOTICE of Motion by Aaron F Barkoff for presentment of motion to withdraw 58 before Honorable John F. Grady on 5/1/2013 at 10:30 AM. (Barkoff, Aaron) (Entered: 04/26/2013)
2013-05-01 60 0 MINUTE entry before Honorable John F. Grady: Status hearing held and motion hearing held. Aaron F. Barkoff and Stephen M. Wurth's motion for leave to withdraw as counsel for defendant Morning Glory Products, Inc. 58 is granted, without objection. Discovery shall close on July 2, 2013. A further status hearing is set for July 10, 2013 at 10:30 a.m. Attorney Aaron F Barkoff and Stephen Michael Wurth terminated. Mailed notice (mjc, ) (Entered: 05/03/2013)
2013-07-10 61 0 MINUTE entry before Honorable John F. Grady: Status hearing held. Counsel for the plaintiff reports that the case has been settled. A further status hearing on settlement is set for July 31, 2013 at 10:30 a.m. If the appropriate dismissal documents are filed before the status hearing, counsel shall contact the court, and the status hearing will likely be canceled. Mailed notice (cdh, ) (Entered: 07/11/2013)
2013-07-31 62 0 MINUTE entry before Honorable John F. Grady: Status hearing held. Counsel for the defendant did not appear. Counsel for the plaintiff reports to the court that the case has been settled and that the parties are working to execute settlement documents and intend to file a stipulation to dismiss. After filing the anticipated stipulation, counsel shall promptly notify the courtroom deputy of the filing. A further status hearing is set for August 14, 2013 at 10:30 a.m. Mailed notice (cdh, ) (Entered: 08/01/2013)
2013-08-14 63 0 MINUTE entry before Honorable John F. Grady: Status hearing held and continued to October 16, 2013 at 10:30 a.m. (cdh, ) (Entered: 08/15/2013)
2013-10-15 64 0 MINUTE entry before Honorable John F. Grady: The plaintiff telephonically reports to Chamber's Staff that the parties have settled this case. The status hearing set for October 16, 2013 is canceled and reset to October 30, 2013 at 10:30 a.m. No appearance is required on October 16, 2013. Mailed notice (cdh, ) (Entered: 10/15/2013)
2013-10-17 65 0 STIPULATION of Dismissal (Pikarsky, Amy) (Entered: 10/17/2013)
2013-10-21 66 0 MINUTE entry before Honorable John F. Grady: On October 17, 2013, the parties filed a stipulation to dismiss this action with prejudice and with each side to bear its own costs and attorneys' fees 65 . Accordingly, this action is dismissed with prejudice. Civil case terminated. Mailed notice (cdh, ) (Entered: 10/21/2013)