| Court: | nyed |
| Docket #: | 9:98-cv-04714 |
| Case Name: | SKW Chemicals Inc. v. Med-Pro Industries |
| PACER case #: | 212988 |
| Date filed: | 1998-07-14 |
| Date terminated: | 2000-10-12 |
| Assigned to: | Judge Jacob Mishler |
| Referred to: | Magistrate Judge Arlene R. Lindsay |
| Case Cause: | 28:2201 Declaratory Judgement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| SKW Chemicals Inc. Plaintiff a Delaware Corporation |
Mark N. Mutterperl Peter F. Felfe |
| Med-Pro Industries, Inc. Defendant a California Corporation |
Michael G. Davies Victoria E. Brieant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 1998-07-14 | 1 | 0 | COMPLAINT filed and summons(es) issued for Med-Pro Industries FILING FEE $ 150.00 RECEIPT # 208994 (O'Hara, Karen) (Entered: 07/16/1998) | |||
| 1998-07-17 | 2 | 0 | Disclosure of interested parties by SKW Chemicals Inc. (Barhome, Sydelle) (Entered: 07/22/1998) | |||
| 1998-07-22 | 3 | 0 | AMENDED COMPLAINT by SKW Chemicals Inc. , amending [1-1] complaint (Barhome, Sydelle) (Entered: 07/27/1998) | |||
| 1998-08-05 | 4 | 0 | MOTION by SKW Chemicals Inc. for preliminary injunction to enjoin dft from prosecuting an action in the Northern District of California that was filed after the present action , Motion hearing set for 9:00 8/26/98 [4-1] motion (Barhome, Sydelle) (Entered: 08/07/1998) | |||
| 1998-08-05 | 5 | 0 | MEMORANDUM by SKW Chemicals Inc. in support of [4-1] motion for preliminary injunction to enjoin dft from prosecuting an action in the Northern District of California that was filed after the present action (Barhome, Sydelle) (Entered: 08/07/1998) | |||
| 1998-08-05 | 6 | 0 | CERTIFICATE OF SERVICE by SKW Chemicals Inc. (Barhome, Sydelle) (Entered: 08/07/1998) | |||
| 1998-08-05 | 7 | 0 | NOTICE of Motion for Preliminary Injuction by Peter F. Felfe on behalf of SKW Chemicals Inc., (Barhome, Sydelle) (Entered: 08/07/1998) | |||
| 1998-08-05 | 8 | 0 | MOTION by Med-Pro Industries to dismiss for improper venue and lack of personal jurisdiction or, in the alternative, to transfer action to the Northern District of California , Motion hearing set for 9:30 8/26/98 [8-1] motion (Barhome, Sydelle) (Entered: 08/17/1998) | |||
| 1998-08-17 | 9 | 0 | MEMORANDUM by Med-Pro Industries in support of [8-1] motion to dismiss for improper venue and lack of personal jurisdiction or, in the alternative, to transfer action to the Northern District of California (Barhome, Sydelle) (Entered: 08/17/1998) | |||
| 1998-08-05 | 10 | 0 | Disclosure of interested parties by Med-Pro Industries (Barhome, Sydelle) (Entered: 08/17/1998) | |||
| 1998-08-17 | 12 | 0 | MOTION by SKW Chemicals Inc. for Mark N. Mutterperl to appear pro hac vice , Motion hearing set for 9:00 8/24/98 [12-1] motion (Barhome, Sydelle) (Entered: 08/24/1998) | |||
| 1998-08-17 | 13 | 0 | AFFIDAVIT by Douglas Gray, Esq. in support of Mark Mutterperl Re: [12-1] motion for Mark N. Mutterperl to appear pro hac vice (Barhome, Sydelle) (Entered: 08/24/1998) | |||
| 1998-08-17 | 14 | 0 | AFFIDAVIT by Mark Mutterperl, Esq. enclosing Certificate of Good Standing by DC Court of Appeals, Re: Appearing Pro Hac Vice (Barhome, Sydelle) (Entered: 08/24/1998) | |||
| 1998-08-24 | 15 | 0 | Joint STIPULATION and Proposed Protective ORDER unsigned by Senior Judge Jacob Mishler, submitted 8/14/98 by attorney Davies and Zubok (Barhome, Sydelle) (Entered: 08/26/1998) | |||
| 1998-08-18 | 16 | 0 | STIPULATION and ORDER, each party to serve by hand its papers in opposition to other party's motion by 9/4/98; by hand service of each party's reply papers in support of its motion; Motion hearing set for 9/22/98 for [4-1] motion for preliminary injunction to enjoin dft from prosecuting an action in the Northern District of that was filed after the present action, set for 9/22/98 [8-1] motion to dismiss for improper venue and lack of personal jurisdiction or, in the alternative, to transfer action to the Northern District of California signed by Senior Judge Jacob Mishler, dated 8/18/98 c/m (Talbott, Thomas) (Entered: 09/01/1998) | |||
| 1998-09-04 | 17 | 0 | STIPULATION and ORDER, dtd. 9/4/98 signed by Senior Judge Jacob Mishler: Each party shall serve by hand its papers in opposition to the other party's motion on or before 11/2/98; each party shall serve by hand its reply papers in support of its motion on or before ll/16/98; the return date on both motions is adjourned to ll/20/98 unless another date is selected by the Court. (Barhome, Sydelle) (Entered: 09/09/1998) | |||
| 1998-10-06 | 18 | 0 | Letter MOTION by SKW Chemicals Inc. to compel Sdr. Mws-Pro Industries, Inc. to produce documents and answers to interrogatories. , Motion hearing [18-1] motion , submitted by Mark N. Mutterperl, Esq., on 9/22/98 (Barhome, Sydelle) (Entered: 10/14/1998) | |||
| 1998-10-06 | 19 | 0 | LETTER dated 9/25/98 from Michael G.Davies, Esq. to Mag. J.Lindsay in opposition to Plf SKW Chemicals Inc.'s application to compel further responses to SKW's document requests and interrogatories. (Barhome, Sydelle) (Entered: 10/14/1998) | |||
| 1998-10-19 | 20 | 0 | Letter MOTION by Mark N. Mutterperl, Esq. on behalf of SKW Chemicals Inc. to compel third-party Bodyonics,Ltd. to comply with SKW's supooena Requesting the court to reject Bodyonics' blanket objections to SKW's document requests and order Bodyonics to produce all responsive documents in its possession, custody, or control and to order Bodyonics to produce witnesses to testify about the subjects identified in the subpoena Motion hearing [20-1] motion 10/1/98 (Barhome, Sydelle) (Entered: 10/23/1998) | |||
| 1998-10-19 | 21 | 0 | LETTER dated 10/7/98 from Michael Davies, Esq. to Mag. J. Lindsay, in opposition to SKW Chemicals Inc.'s motion to compel further respones to SkW's subpoena. (Barhome, Sydelle) (Entered: 10/23/1998) | |||
| 1998-10-30 | 22 | 0 | STIPULATION and ORDER, to modify briefing schedule of pending jurisdictional motions signed by Senior Judge Jacob Mishler, 10/30/98 (Barhome, Sydelle) (Entered: 11/05/1998) | |||
| 1998-11-24 | 23 | 0 | Letter dated 11/24/98 from Judge Mishler to Counsel re: briefing schedule on dft's motion to dismiss, or in the alternative, transfer to N.D. of California is revised: 1. opposition briefs due 12/14/98; 2.reply due 12/28/98; 3. hearing date 1/11/99. (Talbott, Thomas) Modified on 11/30/1998 (Entered: 11/30/1998) | |||
| 1998-11-24 | 24 | 0 | LETTER dated 11/23/98 from James Zubok to Judge Mishler re: briefing schedule for dft's motion to dismiss. (Talbott, Thomas) (Entered: 11/30/1998) | |||
| 1998-12-10 | 25 | 0 | LETTER dated 12/10/98 from James Zubok, Esq. to Mag. J. Lindsay to request a brief extension of time to file an opposition to dft's Motion to Dismiss for Lack of Personal Jurisdiction or in the alternative to transfer to Northern District of California; AND to request an order co9mpelling Med-Pro's production of certain key document that it has thus far refused to produce. (Barhome, Sydelle) (Entered: 12/14/1998) | |||
| 1998-12-04 | 26 | 0 | ORDER, dtd 12/4/98 set status conference for 2:00 1/13/98 before Magistrate Arlene R. Lindsay ( signed by Magistrate Arlene R. Lindsay ) (Barhome, Sydelle) (Entered: 12/17/1998) | |||
| 1998-12-01 | 27 | 0 | LETTER dated 11/24/99 from James Zubok, Esq. to Mag. J. Lindsay requesting and extention of time to file an opposition to dfts Motion to Dismiss for Lack of Personal Jurisdiction; an order compelling production of documents ued by dft's 30(b)(6) witness in preparation for his deposition (Barhome, Sydelle) (Entered: 01/04/1999) | |||
| 1998-12-29 | 28 | 0 | LETTER dated 12/14/98 from James Zubok, Esq. to Hon. J. Mishler noting change of address. (Barhome, Sydelle) (Entered: 01/04/1999) | |||
| 1998-12-10 | 29 | 0 | Letter MOTION by Med-Pro Industries, Michael G. Davies, Esq.: Court to deny SKW's Motion to Copmpel and limit SKW's discovery to facts relevant to Med-Pro activities in New York that may have given rise to SKW's causes of action. Motion hearing (Barhome, Sydelle) (Entered: 01/04/1999) | |||
| 1998-12-30 | 30 | 0 | Letter MOTION by James Zubok, Esq. on behalf of SKW Chemicals Inc. to adjourn 1/11/99 hearing date. Motion hearing So Ordered, no further dated specified. (Barhome, Sydelle) (Entered: 01/06/1999) | |||
| 1999-01-26 | 31 | 0 | Letter MOTION by Med-Pro Industries re briefings i Opposition briefs due 2/1/99; reply briefs due 2/15/99 hearing 2/15/99, Motion hearing [31-1] motion (Barhome, Sydelle) (Entered: 01/27/1999) | |||
| 1999-01-13 | 32 | 0 | Letter MOTION by SKW Chemicals Inc. reset scheduling conference before Magistrate Arlene R. Lindsay , to extend time , Motion hearing set for 11:00 1/29/99 [32-1] motion, set for 11:00 1/22/99 [32-2] motion (Barhome, Sydelle) (Entered: 02/01/1999) | |||
| 1999-01-12 | 33 | 0 | Letter MOTION by Med-Pro Industries Motion hearing requesting an adjournment of the 1/13/99 hearing pending the outcome of the parties dispositive motions. (Barhome, Sydelle) (Entered: 02/01/1999) | |||
| 1999-02-01 | 34 | 0 | MEMORANDUM by Med-Pro Industries in opposition to [4-1] motion for preliminary injunction to enjoin dft from prosecuting an action in the Northern District of California that was filed after the present action (Barhome, Sydelle) (Entered: 02/03/1999) | |||
| 1999-02-04 | 35 | 0 | ORDER, dtd. 2/4/99: Plf's mem in opposition to dft's motion to dismiss or transfer to the Northern District of California is placed under seal pursuant to the protective order ( signed by Senior Judge Jacob Mishler ) (Barhome, Sydelle) (Entered: 02/08/1999) | |||
| 1999-01-29 | 36 | 0 | Calendar entry: Before Mag. J.Lindsay on 1/29/99 @ll:00 Mr. Mutterperl for plf Mr. Kirschner for dft. Proposed/Case Management Order adopted. (Barhome, Sydelle) (Entered: 02/09/1999) | |||
| 1999-01-29 | 37 | 0 | Case Management ORDER, dtd. 1/29/99: Final Conference is 9/8/2000 @11:00. Personal appearance required. So Ordered ( signed by Magistrate Arlene R. Lindsay ) (Barhome, Sydelle) (Entered: 02/09/1999) | |||
| 1999-02-11 | 38 | 0 | SKW's reply to Med-Pro's Opposition to SKW's motion for preliminary injunction, 2/9/99 by Peter F. Felfe, Esq., (Barhome, Sydelle) (Entered: 02/12/1999) | |||
| 1999-02-12 | 39 | 0 | Letter MOTION by Steven J.Kirschner, Esq. on behalf of Med-Pro Industries for entry of scheduling for supplemental briefing , Motion hearing [39-1] motion As outlined in in this letter dtd. 2/12/99 (Barhome, Sydelle) (Entered: 02/17/1999) | |||
| 1999-02-10 | 40 | 0 | Calendar entry: Before Mag. J. Lindsay on 2/10/99 @1:45 for Final/Pre-Trial Conference Mr. Felp, for Plf;Mr. Kirshner, Mr. Stern for Dft. Case called. Mr. Rich is directed to present himself at the offices of Fulbright & Jaworski, 666 Fifth Avneue, at l0:00 on 2/24/99 for his deposition. Mr. Rich's deposition had been previously scheduled and adjourned to 2/10/99 at his request. On 2/9 Mr. Rich, through his counsel cancelled his deposition for a second time. Mr. Rich's deposition is essential to a motion presently before J. Mishler. His failure to appear has affected the progress of this case. Accordingly, after conferring with counsel and after confirming Mr. Rich's availabilitly on 2/24/99, this court directs his appearance and cautions that his failure to so appear will lead to a recommendation he be held in contempt. SO ORDERED. (Barhome, Sydelle) (Entered: 02/18/1999) | |||
| 1999-02-16 | 41 | 0 | REPLY MEMORANDUM OF LAW by Med-Pro Industries, 2/16/99 in Support of its Motion to Dismiss for Improper Venue and lack of Personal jurisdiction; or in the alternative, to transfer action to the Northern District of California, dtd. 2/16/99 by Michael G. Davies (Barhome, Sydelle) (Entered: 02/22/1999) | |||
| 1999-02-16 | 42 | 0 | DECLARATION of AFFIDAVIT by Steven J. Kirschner, Esq. on behalf of Med-Pro Industries Re: In SUPPORT of [41-1] memorandum reply motion to dismiss for improper venue and lack of personal jurisdiction, or,in the alternative, to transfer action to the Northern District of California (Barhome, Sydelle) (Entered: 02/22/1999) | |||
| 1999-03-04 | 43 | 0 | LETTER dated 3/4/99 from James Zubok, Esq. to Clerk/Uniondale enclosing Plf's Sur Reply in Opposition to Dft's Motion to Dismiss for Improper Venue and Lack of Personal Jurisdiction or In the Alternative to Transfer Action to the Northern Distirct of California. (Barhome, Sydelle) (Entered: 03/10/1999) | |||
| 1999-03-04 | 44 | 0 | SKW's Sur-Reply in OPPOSITION to Med-Pro's Motion to Dismiss for Improper Venue or Lack of Personal Jurisdiction or in the Alternative to Transfer Action to Northern District of California, 3/3/99 unsigned (Barhome, Sydelle) (Entered: 03/10/1999) | |||
| 1999-03-25 | 45 | 0 | ORDER granting [12-1] motion for Mark N. Mutterperl to appear pro hac vice ( signed by Magistrate Arlene R. Lindsay ) (Garcia, Maria) (Entered: 03/25/1999) | |||
| 1999-04-05 | 46 | 0 | Letter MOTION by Med-Pro Industries set a telephonic status conference for April 2, l999 before Magistrate-Judge Arlene R. Lindsay regarding discovery process by SKW , Motion hearing set for 2:00 4/2/99 [46-1] motion (Barhome, Sydelle) (Entered: 04/16/1999) | |||
| 1999-05-25 | 47 | 0 | LETTER dated 5/12/99 from Petger F. Felfe, Esq. to Hon. J. Mishler, Esq. noting settlement is imminent between Med-Pro and another party which would strip Med-Pro of the exclusive rights to the patents at issue in this case. (Barhome, Sydelle) (Entered: 06/01/1999) | |||
| 1999-09-17 | 48 | 0 | LETTER dated 9/15/99 from Peter Felfe to Judge Mishler and Mag Judge Lindsay Re: Advising the Court that while the patent issues have become moot, SKW's damage claims have not. (O'Hara, Karen) (Entered: 09/20/1999) | |||
| 1999-09-17 | 49 | 0 | LETTER dated 9/17/99 from Jacob Mishler to Victoria Brieant Re: Please answer Mr. Felfe's letter to the court dated 9/15/99. I am interested in understanding the positition of the parties on the issues that have not been resolved. (O'Hara, Karen) (Entered: 09/20/1999) | |||
| 1999-09-21 | 50 | 0 | LETTER dated 9/15/99 from Peter F. Felfe, Esq. to Hon. J. Mishler advising Court that while the patent issues have become moot, SKW's damage claims have not, for reasons outlined in this letter. (Barhome, Sydelle) (Entered: 09/28/1999) | |||
| 2000-01-21 | 51 | 0 | ANSWER by Med-Pro Industries to amended complaint; jury demand (Jafer, Halide) (Entered: 01/27/2000) | |||
| 2000-01-18 | 52 | 0 | STIPULATION and ORDER, dtd. 1/31/00 extending time , reset answer to amend complaint due for 1/21/00 for Med-Pro Industries (signed by Senior Judge Jacob Mishler, on 1/31/00) (Barhome, Sydelle) (Entered: 01/31/2000) | |||
| 2000-10-12 | 53 | 0 | ORDER dismissing action with prejudice pursuant to Fed.R.Civ.P. 41(a)(1) with prejudice ( signed by Senior Judge Jacob Mishler, on 10/12/00) c/m (Mahon, Cinthia) (Entered: 10/24/2000) |