| Court: | nyed |
| Docket #: | 1:00-cv-07115 |
| Case Name: | Interdynamics, Inc. v. Harvey Westbury Corp, et al |
| PACER case #: | 35667 |
| Date filed: | 2000-11-29 |
| Date terminated: | 2002-01-17 |
| Date of last filing: | 2002-01-17 |
| Assigned to: | Judge David G. Trager |
| Referred to: | Magistrate Judge Roanne L. Mann |
| Case Cause: | 35:145 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Interdynamics, Inc. Plaintiff |
Peter L. Berger |
| Harvey Westbury Corp. Defendant |
|
| Auxer Group, Inc. Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2000-11-29 | 1 | 0 | Complaint - Miscellaneous | COMPLAINT filed and summons(es) issued for Harvey Westbury Corp, Auxer Group, Inc. FILING FEE $ 150.00 RECEIPT # 239888 (Chin, Felix) (Entered: 12/01/2000) | ||
| 2000-11-29 | 2 | 0 | Appeal - Miscellaneous | Disclosure of interested parties by Interdynamics, Inc. (Chin, Felix) (Entered: 12/01/2000) | ||
| 2001-01-02 | 3 | 0 | Answer - Miscellaneous | ANSWER by Interdynamics, Inc. to dfts' counterclaim. (Lee, Tiffeny) (Entered: 01/03/2001) | ||
| 2001-01-03 | 4 | 0 | Miscellaneous Document | LETTER dated 1/3/01 from Barry Negrin to Robert C. Heinemann furnishing copy of motion for preliminary injunction. (Lee, Tiffeny) (Entered: 01/04/2001) | ||
| 2001-01-10 | 5 | 0 | Order | ORDER setting initial conference before the Magistrate for 3/7/01 @ 11:30. (signed by Magistrate Roanne L. Mann, on 1/8/01) (Lee, Tiffeny) (Entered: 01/10/2001) | ||
| 2001-01-11 | 6 | 0 | Order | ORDER TO SHOW CAUSE: Show Cause Hearing before Magistrate Judge Mann set for 2:00 on 1/19/01, as to why an order for preliminary injunction should not be granted plaintiff. (signed by Chief Judge Edward R. Korman, on 1/8/01) {parties/MJ notified} (Lee, Tiffeny) (Entered: 01/11/2001) | ||
| 2001-01-16 | 7 | 0 | Order | ORDER granting application to extend order to show cause deadlines by one day in part. Defendants' papers shall be served and filed by 5pm on 1/3/01. Pltff's reply shall be served and filed by 1:00 [ie. received in on 1/17/01. Signed by Magistrate Roanne L. Mann, on See leter dated 1/12/01 from Roger Fiddler, Esq. to Judge Mann. (Lee, Tiffeny) Modified on 01/16/2001 (Entered: 01/16/2001) | ||
| 2001-01-17 | 8 | 0 | Response/Reply - Miscellaneous | REPLY MEMORANDUM OF LAW by Interdynamics, Inc. in further support of pltff's motion seeking a preliminary injunction. (Lee, Tiffeny) Modified on 02/09/2001 (Entered: 01/18/2001) | ||
| 2001-01-19 | 9 | 0 | Miscellaneous Document | LETTER dated 1/18/01 from Barry E. Negrin, Esq. to Magistrate Mann furnishing part of the file history of the patent-in-suit. (Lee, Tiffeny) (Entered: 01/19/2001) | ||
| 2001-01-18 | 10 | 0 | Minutes - Miscellaneous | Calendar entry: Status conference held before Magistrate Mann on 1/18/01. Due to defense counsel's scheduling conflict, tomorrow's evidentiary hearing is adjourned to Monday, 1/22/01 at 10:00. Counsel shall serve and submit to the Court, by 1:00 tomorrow, copies of exhibits to be offered at the hearing. (Lee, Tiffeny) (Entered: 01/23/2001) | ||
| 2001-01-19 | 11 | 0 | Miscellaneous Document | LETTER dated 1/19/01 from Roger L. Fidler, Esq. to Magistrate Judge Mann furnishing copies of evidence dfts propose to introduce at the Monday hearing. (attachments) [fwd'd to Chambers] (Lee, Tiffeny) (Entered: 01/23/2001) | ||
| 2001-01-23 | 12 | 0 | Response - Miscellaneous | MEMORANDUM by Auxer Group, Inc. in opposition to motion for preliminary injunction. (Lee, Tiffeny) (Entered: 01/23/2001) | ||
| 2001-01-22 | 13 | 0 | Minutes - Miscellaneous | Calendar entry: Initial Conference/Preliminary Injunction Hearing held before Magistrate Mann on 1/22/01. Court holds preliminary injunction hearing - matter taken under advisement. Automatic disclosure shall be completed by 2/7/01. Pleadings may be amended until 2/23/01. Fact discovery shall be completed by 6/6/01. Dfts' Rule 26 expert discovery shall be served by 7/9/01; pltff's shall be served by 8/3/01. The parties are directed to confer and to provide written report, by 2/13/01, on the status of their settlement negotiations. Next conference set for 8/9/01 @ 2:00. (Lee, Tiffeny) (Entered: 01/23/2001) | ||
| 2001-01-24 | 14 | 0 | Miscellaneous Document | LETTER dated 1/18/01 from Roger L. Fidler, Esq. to Magistrate Mann requesting the rescheduling of order to show cause hearing pending in this matter. (Lee, Tiffeny) (Entered: 01/24/2001) | ||
| 2001-02-01 | 15 | 0 | Miscellaneous Document | TRANSCRIPT filed for [13-1] Preliminary Injunction Hearing before Magistrate Mann for dates of 1/22/01; Courthouse Transcription Service, Inc. (Lee, Tiffeny) Modified on 03/01/2001 (Entered: 02/02/2001) | ||
| 2001-02-23 | 16 | 0 | Complaint - Miscellaneous | AMENDED ANSWER and CounterClaim to Complaint by Harvey Westbury Corp : amends [3-1] counterclaim answer. (Lee, Tiffeny) (Entered: 02/26/2001) | ||
| 2001-03-19 | 17 | 0 | Order | REPORT AND RECOMMENDATIONS of Magistrate Roanne L. Mann Re: Plaintiff's motion for a preliminary injunction; The Court recommends plaintiff's motion be denied in all respects. Motion no longer referred. Objections to R and R due by 3/30/01. The Clerk is directed to serve copies of this R&R to all counsel of record by overnight courier. Signed USMJ Mann; Dated: 3/16/01. (Lee, Tiffeny) (Entered: 03/19/2001) | ||
| 2001-03-30 | 18 | 0 | Miscellaneous Document | LETTER dated 1/19/01 from Barry Negrin, Esq. to Magistrate Mann furnishing a copy of excerpts of the file history of the patent-in-suit from the files of counsel's office and not from offical public copies. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 19 | 0 | Miscellaneous Document | LETTER dated 1/23/01 from Barry Negrin, Esq. to Magistrate Mann furnishing a copy of all references cited by the Examinar during the prosecution of the '032 patent. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 20 | 0 | Miscellaneous Document | LETTER dated 2/6/01 from Peter Berger, Esq. to Magistrate Mann submitting that there is not evidence showing a full single-can recharge of lubricant prior to the invention of same by Interdynamics. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 21 | 0 | Miscellaneous Document | LETTER dated 2/13/01 from Roger Fidler, Esq. to Magistrate Mann furnishing copies of certain SKU's for retrofit kits showing that they were in existence prior to November 1996. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 22 | 0 | Miscellaneous Document | LETTER dated 2/14/01 from Peter Berger, Esq. to Magistrate Mann in addressing the 2/13/01 fax of Harvey Westbury regarding: "prior art," settlement terms and an offer for the retro kit shortly after the hearing before the Court. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 23 | 0 | Miscellaneous Document | LETTER dated 3/22/01 from Peter Berger, Esq. to Magistrate Mann outlining what pltff feels are fundamental technical inaccuracies in the Court's 3/16/01 Report. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 24 | 0 | Miscellaneous Document | LETTER dated 3/23/01 from Roger Fidler, Esq. to Magistrate Mann requesting that the 3/16/01 Report stand as written, clear, concise and to the point. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 25 | 0 | Miscellaneous Document | LETTER dated 3/27/01 from Barry Negrin, Esq. to Magistrate Mann requesting a 10 day extension, until 4/9/01, to file objections to the 3/16/01 Report and Recommendation of the Magistrate Judge. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 26 | 0 | Miscellaneous Document | LETTER dated 3/29/01 from Wanda Billet o/b/o Roger Fidler, Esq. to Magistrate Mann objecting to pltff's request for an extension of time. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-03-30 | 27 | 0 | Order | AMENDMENT TO REPORT AND RECOMMENDATION of Magistrate Roanne L. Mann. This Court modifies its Report and Recommendation of 3/16/01, to strike those portions of the opinion that relied on the existend of prior R-12 art. Except as so modified, the R&R is reaffirmed, and this Court adheres to its recommendation that plaintiff's motion fo ra preliminary injunction be denied. Objections to the original R and R and/or this admendmant to R & R must be filed with Judge Korman on or before 4/9/01. Signed Magistrate Judge Roanne L. Mann, on 3/29/01. (Lee, Tiffeny) (Entered: 04/02/2001) | ||
| 2001-04-09 | 28 | 0 | Miscellaneous Document | PLAINTIFF'S OBJECTIONS to [17-1] Report and Recommendation and [27-1] Amendment Thereof. {fwd'd to chambers} (Lee, Tiffeny) (Entered: 04/10/2001) | ||
| 2001-05-18 | 29 | 0 | Order | ORDER extending deadline for amending pleadings as of right to 5/27/01; Extension of fact discovery deadline to 12/6/01; Service of dft's rule 26 expert disclosure extended to 1/6/02; Pltff's rule 26 expert dislosure to 2/4/02. The 8/8/01 settlement conf is adj'd to 2/13/01 @ 10:00. (signed by Magistrate Roanne L. Mann, on 5/17/01) (Lee, Tiffeny) (Entered: 05/21/2001) | ||
| 2001-06-01 | 30 | 0 | Miscellaneous Document | LETTER dated 5/31/01 from Marilyn Neiman, Esq. to Judge Trager requesting a premotion conference. (Lee, Tiffeny) (Entered: 06/08/2001) | ||
| 2001-06-05 | 31 | 0 | Miscellaneous Document | LETTER dated 6.1.1 from Marilyn Neiman, Esq. to Judge Trager confirming 6/29/01, 4:30 oral argument date. (Lee, Tiffeny) (Entered: 06/08/2001) | ||
| 2001-05-24 | 32 | 0 | Discovery - Miscellaneous | Supplemental Rule 26(a) Automatic Disclosure Statement by Interdynamics, Inc. (Lee, Tiffeny) (Entered: 06/08/2001) | ||
| 2001-05-24 | 33 | 0 | Discovery - Miscellaneous | NOTICE by Interdynamics, Inc. to take deposition of Auxer Group, Inc. on 6/5/01 at 10:00. (Lee, Tiffeny) (Entered: 06/08/2001) | ||
| 2001-05-24 | 34 | 0 | Discovery - Miscellaneous | NOTICE by Interdynamics, Inc. to take deposition of Harvey Westbury Corp. on 6/6/01 at 10:00. (Lee, Tiffeny) (Entered: 06/08/2001) | ||
| 2001-06-08 | 35 | 0 | Miscellaneous Document | LETTER dated 5.24.01 from Marilyn Neiman, Esq. to MJ Mann requesting that dfts Harvey Westbury and Auxer be ordered to provide a forman written resopn too the document request w/i the next 3 business days. (Lee, Tiffeny) (Entered: 06/11/2001) | ||
| 2001-06-08 | 36 | 0 | Miscellaneous Document | LETTER dated 5/29/01 from Roger L. Fidler, Esq. to MJ Mann furnishing amended anser and counterclaim. (attached) (Lee, Tiffeny) (Entered: 06/11/2001) | ||
| 2001-05-30 | 37 | 0 | Minutes - Miscellaneous | Calendar entry: Before Magistrate Judge Mann - Discovery conf. by telephone held. Dfts. shall, by 6/1/01, serve a formal response to pltf's 2/23/01 doc. request. Any party wishing to make a dispositive motion should comply with Judge Korman's rules. Unless otherwise ordered by Judge Korman, discovery is not stayed. Copies faxed by Chambers on 6/1/01. (DiLorenzo, Krista) (Entered: 06/11/2001) | ||
| 2001-06-21 | 38 | 0 | Miscellaneous Document | LETTER dated 6/20/01 from Roger L. Fidler to Judge Trager, requesting a pre-motion conf. (DiLorenzo, Krista) (Entered: 06/21/2001) | ||
| 2001-06-21 | 39 | 0 | Miscellaneous Document | LETTER dated 5/31/01 from Marilyn Neiman to Judge Trager, requesting a pre-motion conf. (DiLorenzo, Krista) (Entered: 06/21/2001) | ||
| 2001-07-05 | 40 | 0 | Miscellaneous Document | LETTER dated 6/20/01 from Roger Fidler, Esq. to Judge Trager in response to pltff's 5/31/01 letter. (Lee, Tiffeny) (Entered: 07/05/2001) | ||
| 2001-06-29 | 41 | 0 | Minutes - Miscellaneous | Calendar entry: Before Judge Trager - Motion hearing held. Additional hearing scheduled for 7/31/01 . Decision reserved. (DiLorenzo, Krista) (Entered: 07/06/2001) | ||
| 2001-07-26 | 42 | 0 | Miscellaneous Document | TRANSCRIPT of motion before Hon. Trager filed for dates of 6/29/01. Court Reporter: Burton H. Sulzer. (Chee, Alvin) (Entered: 07/26/2001) | ||
| 2001-07-26 | 43 | 0 | Miscellaneous Document | LETTER dated 7/26/01 from Marilyn Neiman to Hon. David Trager confirming that the hearing schedule on the Preliminary Injunction has been adjourned from 7/31 to 10/3/01. Prior to 10/3/01, counsel will submit to the Court copies of the depositions that the parties intend to rely upon at hearing. (Chee, Alvin) (Entered: 07/26/2001) | ||
| 2001-08-13 | 44 | 0 | Miscellaneous Document | LETTER dated 6/28/01 from Marilyn Neiman, Esq. to MJ Mann requesting a conference with the Court to address the defendants' non-compliance with Interdynamic's document request in view of the Court's May 30, 2001 order. (Chee, Alvin) (Entered: 08/13/2001) | ||
| 2001-08-23 | 45 | 0 | Miscellaneous Document | LETTER dated 8/14/01 from Marilyn Neiman to Magistrate Mann advising that defts are not in compliance with the Court's order. (Jean (Entered: 08/23/2001) | ||
| 2001-10-02 | 46 | 0 | Miscellaneous Document | LETTER dated 9/20/01 from Marilyn Neiman to Judge Trager, requesting the opportunity to provide a Memorandum following the 10/3/01 hearing. (Greene, Donna) (Entered: 10/02/2001) | ||
| 2001-10-24 | 47 | 0 | Order | ORDER: According to plaintiff, at least as of 9/28/01, defendants still have not complied with this court's order of 8/3/01, directing that they cure the deficiencies in their response to plaintiff's first document request. Defendants are directed to show cause, in person, at noon on 11/1/01, in courtroom B, why monetary and other sanctions should not be imposed on defendants and or defense counsel for their persistent course of delaying discovery. ( signed by Magistrate Roanne L. Mann , on 10/19/01) (Chee, Alvin) (Entered: 10/24/2001) | ||
| 2001-10-01 | 48 | 0 | Miscellaneous Document | LETTER dated 9/28/01 from Marilyn Neiman, Esq. to MJ Mann requesting a conference to discuss defendants' non-compliance with its discovery obligations. (Chee, Alvin) (Entered: 10/25/2001) | ||
| 2001-10-30 | 49 | 0 | Miscellaneous Document | LETTER dated 10/29/01 from Roger L. Fidler to Mag. Mann, requesting that the hearing on the order to show cause related to discovery matters set down for 11/1/01 be adjourned to a later date. (Piper, Francine) (Entered: 10/30/2001) | ||
| 2001-11-06 | 50 | 0 | Miscellaneous Document | FAX LETTER dated 11/1/01 from Roger Fidler, Esq. to Judge Trager, requesting the adjournment of the 11/20/01 hearing. (Greene, Donna) (Entered: 11/06/2001) | ||
| 2001-11-19 | 51 | 0 | Miscellaneous Document | LETTER dated 11/13/01 from Roger L. Fidler to Mag. Mann, advising that the exposition of the bizarre qualities of the negotiations wil have to wait. (Greene, Donna) (Entered: 11/19/2001) | ||
| 2001-12-04 | 52 | 0 | Miscellaneous Document | LETTER dated 11/30/01 from Marilyn Neiman to Mag. Mann, requesting an extension of the deadline for the close of discovery. (Greene, Donna) (Entered: 12/04/2001) | ||
| 2001-12-04 | 53 | 0 | Minutes - Miscellaneous | Calendar entry: Befor Mag. Mann on 12/4/01 at 12:30. Case called. The court addresses on the record inadequacies in defts. discovery responses. Among other things, defts. shall: By close of business today, provide the names, addresses and phone numbers of the two referenced independent sales representatives; by 12/6/01, pay the $771.20 for Paul Dura's deposition fee, and produce the referenced computerized materials and indennification letters; by 12/10/01, produce all materials pertainng to their couterclaims; produce Mr. Chiamonte & his son & Mr. Shaver for depositions on 12/5/01 and 12/7/01. Except as otherwise specified, the discovery deadlines remain unchanged. (Greene, Donna) (Entered: 12/10/2001) | ||
| 2001-12-10 | 54 | 0 | Miscellaneous Document | LETTER dated 12/4/01 from Marilyn Neiman to Judge Trager, requesting that the court withdraw Interdynamic's motion for a preliminary injunction hearing, and request a conference to discuss Interdynamic's intended moton for the dismissal of the affirmative defense of "Unclean Hands/Patent Misure"and the Amended Answer. (Greene, Donna) (Entered: 12/10/2001) | ||
| 2002-01-02 | 55 | 0 | Miscellaneous Document | LETTER dated 12/21/01 from Marilyn Neiman, Esq. to Hon. Trager and Mann informing the Court that settlement has been reached and papers will be filed shortly. (Chee, Alvin) (Entered: 01/02/2002) | ||
| 2002-01-17 | 56 | 0 | Order | CONSENT JUDGMENT. Final judgment is hereby granted and ordered entered as the judgment in this action as follows: the court has jurisdiction on the parties and of the cause of action, and should defts. fail to adhere to that settlement agreement between the parties, pltf. amy file a motion for contempt with the court; That U.S. Letters Patent No. 6,089,032 owned by pltf. is valid and in force inall respect; defts., their officers, agents, servants, employees and all other persons in active concert or participation with them or any of them are hereyb permanently restrained and enjoined from directly or indirectly infringing upon U.S. Patent 6,089,032; That this court shall retain jurisdiction for the purposes of enfocing this Judgment and Order. ( signed by Judge David G. Trager on 1/15/02). c/m (Greene, Donna) (Entered: 01/17/2002) | ||
| 2002-01-17 | 57 | 0 | Miscellaneous Document | STIPULATION of dismissal of counterclaims. ( Signed by Judge David G. Trager dated: 1/15/02). c/m (Greene, Donna) (Entered: 01/17/2002) |