| Court: | nywd |
| Docket #: | 1:08-cv-00299 |
| Case Name: | Gaymar Industries, Inc. v. Cincinnati Sub-Zero Products, Inc. et al |
| PACER case #: | 68547 |
| Date filed: | 2008-04-18 |
| Assigned to: | Hon. William M. Skretny |
| Referred to: | Hon. Jeremiah J. McCarthy |
| Case Cause: | 28:1391 Personal Injury |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Defendant |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Gaymar Industries, Inc. Plaintiff |
Jodyann Galvin Robert J. Fluskey , Jr. Robert J. Lane , Jr. |
| Cincinnati Sub-Zero Products, Inc. Defendant |
Melissa M. Morton Timothy J. Graber John Paul Davis Paul J. Linden Thomas J. Burger |
| Innercool therapies, Inc. Defendant TERMINATED: 03/22/2012 |
James C. Cosgrove Gregory W. Reilly Mark Andrew Woodmansee |
| Cincinnati Sub-Zero Products, Inc. Counter Claimant |
Melissa M. Morton Timothy J. Graber John Paul Davis Thomas J. Burger |
| Gaymar Industries, Inc. Counter Defendant |
Jodyann Galvin Robert J. Fluskey , Jr. Robert J. Lane , Jr. |
| Cincinnati Sub-Zero Products, Inc. Counter Claimant |
Melissa M. Morton Timothy J. Graber John Paul Davis Thomas J. Burger |
| Gaymar Industries, Inc. Counter Defendant |
Jodyann Galvin Robert J. Lane , Jr. Robert J. Fluskey , Jr. |
| Cincinnati Sub-Zero Products, Inc. Counter Claimant |
Melissa M. Morton Timothy J. Graber John Paul Davis Thomas J. Burger |
| Gaymar Industries, Inc. Counter Defendant |
Jodyann Galvin Robert J. Fluskey , Jr. Robert J. Lane , Jr. |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2008-04-18 | 1 | 0 | COMPLAINT against Cincinnati Sub-Zero Products, Inc., Innercool therapies, Inc. (Filing fee $ 350.00 receipt number 7343), filed by Gaymar Industries, Inc.. (Attachments: #(1) Exhibit A) (DLC) (Entered: 04/18/2008) | |||
| 2008-04-18 | 2 | 0 | Report on the Filing or Determination of Patent or Trademark Case sent to USPTO. (Attachments: #(1) Complaint, #(2) Exhibit A). (DLC) (Entered: 04/18/2008) | |||
| 2008-07-15 | 3 | 0 | MOTION for Preliminary Injunction by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Robert Mates, # 2 Exhibit A to Mates Declaration, # 3 Exhibit B to Mates Declaration, # 4 Exhibit C to Mates Declaration, # 5 Exhibit D to Mates Declaration, # 6 Exhibit E to Mates Declaration, # 7 Exhibit F to Mates Declaration, # 8 Affidavit Declaration of Donald Woodworth, # 9 Exhibit A to Woodworth Declaration, # 10 Exhibit B to Woodworth Declaration, # 11 Exhibit C to Woodworth Declaration, # 12 Exhibit D to Woodworth Declaration, # 13 Exhibit E to Woodworth Declaration, # 14 Exhibit F to Woodworth Declaration, # 15 Exhibit G to Woodworth Declaration, # 16 Memorandum in Support Memorandum in Support of Motion for Preliminary Injunction)(Galvin, Jodyann) (Entered: 07/15/2008) | |||
| 2008-07-15 | 4 | 0 | Exhibit List and Witnesses Expected at Preliminary Injunction Hearing by Gaymar Industries, Inc... (Galvin, Jodyann) (Entered: 07/15/2008) | |||
| 2008-07-15 | 5 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 3 MOTION for Preliminary Injunction, 4 Exhibit List (Galvin, Jodyann) (Entered: 07/15/2008) | |||
| 2008-07-15 | 6 | 0 | MOTION to Expedite Hearing and Condensed Briefing Schedule by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin)(Galvin, Jodyann) (Entered: 07/15/2008) | |||
| 2008-07-15 | 7 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 6 MOTION to Expedite Hearing and Condensed Briefing Schedule (Galvin, Jodyann) (Entered: 07/15/2008) | |||
| 2008-07-16 | 8 | 0 | ORDER Granting 6 Plaintiff's Motion to Expedite. Counsel for the parties shall appear before this Court for a Status Conference on 7/21/2008 at 11:30 AM to discuss a briefing schedule and further proceedings on 3 Plaintiff's Motion for Preliminary Injunction. FURTHER, the Clerk of the Court shall mail a copy of this Order to Donald J. Rafferty, Esq., and Plaintiff's counsel shall contact Mr. Rafferty upon receipt of this Order and advise him of the Status Conference. Signed by Judge William M. Skretny on 7/16/2008. (JCD) (Entered: 07/16/2008) | |||
| 2008-07-21 | 9 | 0 | Minute Entry for proceedings held before William M. Skretny U.S.D.J: Status Conference held on 7/21/2008. Plaintiff to supplement Motion for Preliminary Injunction by 8/5/2008. Response due by 10/6/2008. Reply due by 10/31/2008. Oral Argument/Status conference scheduled for 11/17/2008 at 10:00 AM before William M. Skretny U.S.D.J. Pro hac vice motion to be filed by Thomas Burger. Notice of appearance to be filed by Timothy Graber. For the pltf. - Robert Lane, Jodyann Galvin. For the deft. - Thomas Burger, Timothy Graber. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 07/22/2008) | |||
| 2008-07-22 | 10 | 0 | NOTICE of Appearance by Timothy J. Graber on behalf of Cincinnati Sub-Zero Products, Inc. (Attachments: # 1 Certificate of Service)(Graber, Timothy) (Entered: 07/22/2008) | |||
| 2008-07-22 | 11 | 0 | MOTION for Leave to Appear pro hac vice by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Exhibit, # 4 Certificate of Service)(Graber, Timothy) (Entered: 07/22/2008) | |||
| 2008-07-28 | 12 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that the 11 Motion for Pro Hac Vice Admission of Thomas Burger and John Paul Davis is GRANTED, subject to payment of the requisite fee. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 7/28/2008. (MEAL) (Entered: 07/28/2008) | |||
| 2008-08-05 | 13 | 0 | WAIVER OF SERVICE Returned Executed by Gaymar Industries, Inc.. Innercool therapies, Inc. waiver sent on 7/11/2008, answer due 9/9/2008. (Galvin, Jodyann) (Entered: 08/05/2008) | |||
| 2008-08-05 | 14 | 0 | WAIVER OF SERVICE Returned Executed by Gaymar Industries, Inc.. Cincinnati Sub-Zero Products, Inc. waiver sent on 7/11/2008, answer due 9/9/2008. (Galvin, Jodyann) (Entered: 08/05/2008) | |||
| 2008-09-09 | 15 | 0 | ANSWER to 1 Complaint, COUNTERCLAIM against Gaymar Industries, Inc. by Cincinnati Sub-Zero Products, Inc..(Graber, Timothy) (Entered: 09/09/2008) | |||
| 2008-09-09 | 16 | 0 | MOTION to Stay by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, Part 1, # 3 Exhibit A, part 2, # 4 Exhibit B, # 5 Memorandum in Support)(Graber, Timothy) (Entered: 09/09/2008) | |||
| 2008-09-09 | 17 | 0 | (This document was incorrectly filed and has been refiled correctly in document 18 )... MOTION to Dismiss for Improper Venue or to Transfer, MOTION to Change Venue by Innercool therapies, Inc..(Cosgrove, James) Modified on 9/10/2008 (DLC). (Entered: 09/09/2008) | |||
| 2008-09-09 | 18 | 0 | MOTION to Dismiss for Improper Venue or to Transfer, MOTION to Change Venue by Innercool therapies, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Tyler M. Dylan, # 3 Declaration of M. Andrew Woodmansee, # 4 Exhibit, # 5 Certificate of Service)(Cosgrove, James) (Entered: 09/09/2008) | |||
| 2008-09-10 | 19 | 0 | ADR Notice and Plan electronically forwarded to attorneys. (DLC) (Entered: 09/10/2008) | |||
| 2008-09-10 | 20 | 0 | ANSWER to 1 Complaint, COUNTERCLAIM against Gaymar Industries, Inc. by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Graber, Timothy) (Entered: 09/10/2008) | |||
| 2008-09-10 | 21 | 0 | MOTION to Stay by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, Part 1, # 3 Exhibit A, Part 2, # 4 Exhibit B, # 5 Memorandum in Support, # 6 Certificate of Service)(Graber, Timothy) (Entered: 09/10/2008) | |||
| 2008-09-11 | 22 | 0 | MOTION for Leave to Appear Pro Hac Vice by Innercool therapies, Inc.. (Attachments: # 1 Declaration of James C. Cosgrove, # 2 Declaration of M. Andrew Woodmansee, # 3 Declaration of Gregory W. Reilly, # 4 Certificate of Service)(Cosgrove, James) (Entered: 09/11/2008) | |||
| 2008-09-17 | 23 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on July 21, 2008, before Judge William M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, RPR, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/8/2008. Redacted Transcript Deadline set for 10/20/2008. Release of Transcript Restriction set for 12/16/2008. (DLC) (Entered: 09/17/2008) | |||
| 2008-09-19 | 24 | 0 | MOTION for Extension of Time to File Response/Reply by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit, # 2 Certificate of Service)(Graber, Timothy) (Entered: 09/19/2008) | |||
| 2008-09-23 | 25 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that the 22 Motion for Pro Hac Vice Admission of Gregory W. Reilly and M. Andrew Woodmansee is GRANTED subject to payment of the requisite fee. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 9/22/2008. (MEAL) (Entered: 09/23/2008) | |||
| 2008-09-23 | 26 | 0 | TEXT SCHEDULING ORDER on 21 Defendant's Motion to Stay. Response due by 10/10/2008. Reply due by 10/24/2008. Oral Argument will be scheduled by the Court if necessary. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 9/22/2008. (MEAL) (Entered: 09/23/2008) | |||
| 2008-09-28 | 27 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that the 24 Defendant Cinncinnati Sub-Zero Products, Inc.'s Motion for an Extension of time re: 3 Plaintiff's Motion for Preliminary Injunction is GRANTED. Response is now due 10/14/2008. Reply is now due 11/10/2008. The Status conference will remain as scheduled on 11/17/2008 at 10:00 AM before William M. Skretny U.S.D.J. SO ORDERED. Issued by William M. Skretny on 9/26/2008. (MEAL) (Entered: 09/28/2008) | |||
| 2008-09-29 | 28 | 0 | NOTICE of Appearance by Robert J. Fluskey, Jr on behalf of Gaymar Industries, Inc. (Fluskey, Robert) (Entered: 09/29/2008) | |||
| 2008-09-29 | 29 | 0 | MOTION to Strike 15 Answer to Complaint, Counterclaim by Gaymar Industries, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Fluskey, Robert) (Entered: 09/29/2008) | |||
| 2008-09-29 | 30 | 0 | REPLY/RESPONSE to re 15 Answer to Complaint, Counterclaim filed by Gaymar Industries, Inc.. (Fluskey, Robert) (Entered: 09/29/2008) | |||
| 2008-10-06 | 31 | 0 | Consent MOTION Entry of a Confidentiality Stipulation and Order by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration in Support of Consent Motion, # 2 Exhibit A to Galvin Declaration)(Galvin, Jodyann) (Entered: 10/06/2008) | |||
| 2008-10-06 | 32 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 31 Consent MOTION Entry of a Confidentiality Stipulation and Order (Galvin, Jodyann) (Entered: 10/06/2008) | |||
| 2008-10-10 | 33 | 0 | MEMORANDUM in Opposition re 21 MOTION to Stay filed by Gaymar Industries, Inc.. (Galvin, Jodyann) (Entered: 10/10/2008) | |||
| 2008-10-10 | 34 | 0 | DECLARATION signed by Brian Stelley re 33 Memorandum in Opposition to Motion filed by Gaymar Industries, Inc. in Opposition to CSZ's Motion to Stay filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A - D, # 2 Exhibit E - O)(Galvin, Jodyann) (Entered: 10/10/2008) | |||
| 2008-10-10 | 35 | 0 | DECLARATION signed by Jodyann Galvin re 34 Declaration, 33 Memorandum in Opposition to Motion filed by Gaymar Industries, Inc. in Opposition to CSZ's Motion to Stay filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A - E, # 2 Exhibit F - H)(Galvin, Jodyann) (Entered: 10/10/2008) | |||
| 2008-10-10 | 36 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 35 Declaration, Notice of Manual/Conventional Filing, 34 Declaration, 33 Memorandum in Opposition to Motion (Galvin, Jodyann) (Entered: 10/10/2008) | |||
| 2008-10-10 | 37 | 0 | EXHIBIT F by Gaymar Industries, Inc, manually filed, a DVD of the September 2, 2008 Episode of National Geographic Exploere entitled " Moment of Death" to the declaration of Brian Stelley in opposition to CSZ's motion to stay dated 10/9/08. (JDK) (Entered: 10/10/2008) | |||
| 2008-10-14 | 38 | 0 | THIS DOCUMENT HAS BEEN STRICKEN FROM THE RECORD... MEMORANDUM in Opposition re 3 MOTION for Preliminary Injunction filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) Modified on 11/25/2008 (DLC). (Entered: 10/14/2008) | |||
| 2008-10-14 | 39 | 0 | THIS DOCUMENT HAS BEEN STRICKEN FROM THE RECORD... DECLARATION signed by Steven J. Berke re 38 Memorandum in Opposition to Motion filed by Cincinnati Sub-Zero Products, Inc. filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) Modified on 11/25/2008 (DLC). (Entered: 10/14/2008) | |||
| 2008-10-14 | 40 | 0 | DECLARATION signed by Richard A. Killworth re 38 Memorandum in Opposition to Motion filed by Cincinnati Sub-Zero Products, Inc. filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) (Entered: 10/14/2008) | |||
| 2008-10-14 | 41 | 0 | DECLARATION signed by Thomas J. Burger re 38 Memorandum in Opposition to Motion filed by Cincinnati Sub-Zero Products, Inc. filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Exhibit A - Hearing Transcript Excerpts 07-21-2008, # 2 Exhibit B - Edward Wells depo excerpts, # 3 Exhibit C - Thomas Stewart depo excerpts, # 4 Exhibit D - Donald Woodworth depo excerpts, # 5 Exhibit E - Robert Mates depo excerpts, # 6 Exhibit F - Part 1 of 7, # 7 Exhibit F - Part 2 of 7, # 8 Exhibit F - Part 3 of 7, # 9 Exhibit F - Part 4 of 7, # 10 Exhibit F - Part 5 of 7, # 11 Exhibit F - Part 6 of 7, # 12 Exhibit F - Part 7 of 7)(Davis, John) (Entered: 10/14/2008) | |||
| 2008-10-14 | 42 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 39 Declaration, 40 Declaration, 38 Memorandum in Opposition to Motion, 41 Declaration,, (Davis, John) (Entered: 10/14/2008) | |||
| 2008-10-14 | 43 | 0 | RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Innercool therapies, Inc.. (Attachments: # 1 Certificate of Service)(Reilly, Gregory) (Entered: 10/14/2008) | |||
| 2008-10-15 | 44 | 0 | CONTINUATION OF EXHIBITS to 41 Declaration,, Amended Exhibit F - Part 7 of 7. (Davis, John) (Entered: 10/15/2008) | |||
| 2008-10-15 | 45 | 0 | CONTINUATION OF EXHIBITS to 41 Declaration,, Second Amended Exhibit F - Part 7 of 7. (Davis, John) (Entered: 10/15/2008) | |||
| 2008-10-17 | 46 | 0 | MOTION for Protective Order by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support Motion for a Protective Order, # 2 Affidavit Declaration of John Paul Davis)(Davis, John) (Entered: 10/17/2008) | |||
| 2008-10-17 | 47 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 46 MOTION for Protective Order (Davis, John) (Entered: 10/17/2008) | |||
| 2008-10-17 | 48 | 0 | MOTION to Expedite Hearing by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support For An Expedited Hearing, # 2 Declaration of John Paul Davis)(Davis, John) (Entered: 10/17/2008) | |||
| 2008-10-17 | 49 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 48 MOTION to Expedite Hearing (Davis, John) (Entered: 10/17/2008) | |||
| 2008-10-17 | 50 | 0 | AMENDED DOCUMENT by Cincinnati Sub-Zero Products, Inc.. Amendment to 48 MOTION to Expedite Hearing Declaration of John Paul Davis In Support of Defendant Cincinnati Sub-Zero Products, Inc.'s Motion For An Expedited Hearing with Proposed Order attached. (Attachments: # 1 Proposed Order)(Davis, John) (Entered: 10/17/2008) | |||
| 2008-10-20 | 51 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 50 Amended Document, (Davis, John) (Entered: 10/20/2008) | |||
| 2008-10-22 | 52 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT 48 Defendant Cincinnati Sub-Zero's Motion for Expedited Hearing on its 46 Motion for Protective Order is GRANTED. Plaintiff and Defendant Cincinnati Sub-Zero shall adhere to the following condensed briefing schedule on 46 Motion for Protective Order: Response due 10/24/2008. Reply due 10/27/2008 by noon. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/22/2008. (MEAL) (Entered: 10/22/2008) | |||
| 2008-10-24 | 53 | 0 | MOTION for Leave to File Supplemental Memorandum and Declaration in Opposition to Motion to Stay by Gaymar Industries, Inc..(Galvin, Jodyann) (Entered: 10/24/2008) | |||
| 2008-10-24 | 54 | 0 | DECLARATION signed by Jodyann Galvin re 53 MOTION for Leave to File Supplemental Memorandum and Declaration in Opposition to Motion to Stay filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A through C, # 2 Certificate of Service)(Galvin, Jodyann) (Entered: 10/24/2008) | |||
| 2008-10-24 | 55 | 0 | Cross MOTION to Compel by Gaymar Industries, Inc..(Fluskey, Robert) (Entered: 10/24/2008) | |||
| 2008-10-24 | 56 | 0 | DECLARATION signed by Robert J. Fluskey, Jr. re 55 Cross MOTION to Compel filed by Gaymar Industries, Inc. in Opposition to Motion for Protective Order and In Support of Cross-Motion to Compel filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A-P to Fluskey Declaration)(Fluskey, Robert) (Entered: 10/24/2008) | |||
| 2008-10-24 | 57 | 0 | MEMORANDUM in Opposition re 46 MOTION for Protective Order and In Support of Gaymar's Cross-Motion to Compel filed by Gaymar Industries, Inc.. (Fluskey, Robert) (Entered: 10/24/2008) | |||
| 2008-10-24 | 58 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 56 Declaration, 57 Memorandum in Opposition to Motion, 55 Cross MOTION to Compel (Fluskey, Robert) (Entered: 10/24/2008) | |||
| 2008-10-24 | 59 | 0 | REPLY/RESPONSE to re 33 Memorandum in Opposition to Motion to Stay or, in the Alternative, for an Amended Scheduling Order filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) (Entered: 10/24/2008) | |||
| 2008-10-27 | 60 | 0 | RESPONSE in Support re 46 MOTION for Protective Order filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) (Entered: 10/27/2008) | |||
| 2008-10-27 | 61 | 0 | TEXT SCHEDULING ORDER on 29 Plaintiff's Motion to Strike. Response due by 11/14/2008. Reply due by 11/21/2008. No Oral Argument will be held. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/27/2008. (MEAL) (Entered: 10/27/2008) | |||
| 2008-10-27 | 62 | 0 | TEXT SCHEDULING ORDER on 18 Defendant Innercool's Motion to Dismiss or Change Venue. Response due by 11/14/2008. Reply due by 11/21/2008. Oral Argument will be scheduled by the Court if necessary. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/27/2008. (MEAL) (Entered: 10/27/2008) | |||
| 2008-10-27 | 63 | 0 | ORDER DENYING 46 Cincinnati Sub-Zero's Motion for Protective Order; GRANTING 55 Gaymar's Cross Motion to Compel; EXTENDING Gaymar's time in which to file a reply in further support of its Motion for Preliminary Injunction to 11/7/2008; DIRECTING each party to bear its own costs. Signed by William M. Skretny U.S.D.J. on 10/27/2008. (MEAL) (Entered: 10/27/2008) | |||
| 2008-10-28 | 64 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that the 31 Consent Motion of Plaintiff Gaymar Industries, Inc. and Defendant Cincinnati Sub-Zero Products, Inc. for a Confidentiality Stipulation and Order is GRANTED. The Confidentiality Stipulation at Docket No. [31-3] is HEREBY SO ORDERED. Issued by William M. Skretny U.S.D.J. on 10/15/2008. (MEAL) (Entered: 10/28/2008) | |||
| 2008-10-29 | 65 | 0 | TEXT ORDER - IT HEREBY IS ORDERED that the portion of this Court's 63 Order extending Gaymar's reply deadline to 11/7/2008 is VACATED. Gaymar's reply deadline is extended to 11/13/2008. Signed by Judge William M. Skretny on 10/29/2008. (JCD) (Entered: 10/29/2008) | |||
| 2008-10-31 | 66 | 0 | Consent MOTION Substitute documents by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of John Paul Davis In Support of Defendant Cincinnati Sub-Zero Products, Inc.'s Stipulated Motion to Substitute Documents, # 2 Certificate of Service)(Davis, John) (Entered: 10/31/2008) | |||
| 2008-11-06 | 67 | 0 | NOTICE by Cincinnati Sub-Zero Products, Inc. of Inter Partes Reexamination Communication from the United States Patent and Trademark Office (Attachments: # 1 Order Granting Inter Partes Reexamination, # 2 Office Action, # 3 Certificate of Service)(Davis, John) (Entered: 11/06/2008) | |||
| 2008-11-10 | 68 | 0 | NOTICE of Voluntary Dismissal by Gaymar Industries, Inc. (Fluskey, Robert) (Entered: 11/10/2008) | |||
| 2008-11-12 | 69 | 0 | MOTION for Leave to File Excess Pages by Gaymar Industries, Inc..(Galvin, Jodyann) (Entered: 11/12/2008) | |||
| 2008-11-13 | 70 | 0 | MOTION to Strike and/or Preclude by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin in Support of Motion to Strike and/or Preclude, # 2 Exhibit A to Galvin Declaration, # 3 Memorandum in Support, # 4 Certificate of Service)(Galvin, Jodyann) (Entered: 11/13/2008) | |||
| 2008-11-13 | 71 | 0 | REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by Gaymar Industries, Inc.. (Lane, Robert) (Entered: 11/13/2008) | |||
| 2008-11-13 | 72 | 0 | MOTION for Leave to File An Amended Answer, Affirmative Defenses, Counterclaims, and Demand for Jury Trial by Cincinnati Sub-Zero Products, Inc..(Davis, John) (Entered: 11/13/2008) | |||
| 2008-11-13 | 73 | 0 | DECLARATION signed by Robert J. Lane, Jr. re 71 Reply to Response to Motion filed by Gaymar Industries, Inc. Exhibits B,D,F,H,I,J delivered to Clerk's Office to be filed under seal pursuant to the Judge's Order dated 10/28/08. (Attachments: # 1 Exhibit A through J, # 2 Exhibit K through Q)(Lane, Robert) (Entered: 11/13/2008) | |||
| 2008-11-13 | 74 | 0 | DECLARATION signed by Robert Mates re 73 Declaration, 71 Reply to Response to Motion filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A through C, # 2 Exhibit D through G)(Lane, Robert) (Entered: 11/13/2008) | |||
| 2008-11-13 | 75 | 0 | DECLARATION signed by Greg Pepe re 73 Declaration, 71 Reply to Response to Motion, 74 Declaration filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A through C)(Lane, Robert) (Entered: 11/13/2008) | |||
| 2008-11-13 | 76 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 75 Declaration, 73 Declaration, 71 Reply to Response to Motion, 74 Declaration (Lane, Robert) (Entered: 11/13/2008) | |||
| 2008-11-13 | 77 | 0 | DECLARATION signed by John Paul Davis filed by Cincinnati Sub-Zero Products, Inc. In Support of Motion for Leave to File an Amended Answer, Affirmative Defenses, Counterclaims, and Demand For Jury Trial. (Attachments: # 1 Exhibit 1 to Declaration of John Paul Davis; Selected Testimony of Thomas P. Stewart, # 2 Exhibit 2 to Declaration of John Paul Davis, # 3 Exhibit 3 to Declaration of John Paul Davis, # 4 Exhibit 4 to Declaration of John Paul Davis.CSZ's Amended Answer, # 5 Exhibits A-B to Amended Answer, # 6 Exhibits C-G to Amended Answer)(Davis, John) (Entered: 11/13/2008) | |||
| 2008-11-13 | 78 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. of Notice of Motion for Leave to File an Amended Answer with Exhibits (Davis, John) (Entered: 11/13/2008) | |||
| 2008-11-14 | 79 | 0 | Sealed Documents/Exhibit B. (Attachments: # 1 Exhibit D, # 2 Exhibit F, # 3 Exhibit H, # 4 Exhibit I, # 5 Exhibit J)(JDK) (Entered: 11/14/2008) | |||
| 2008-11-14 | 80 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that the Plaintiff's 69 Request for permission to file a reply memorandum of 15 pages is GRANTED. SO ORDERED. Issued by William M. Skretny U.S.D.J. on 11/13/2008. (MEAL) (Entered: 11/14/2008) | |||
| 2008-11-14 | 81 | 0 | MEMORANDUM in Opposition re 29 MOTION to Strike 15 Answer to Complaint, Counterclaim filed by Cincinnati Sub-Zero Products, Inc.. (Davis, John) (Entered: 11/14/2008) | |||
| 2008-11-14 | 82 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 81 Memorandum in Opposition to Motion (Davis, John) (Entered: 11/14/2008) | |||
| 2008-11-17 | 83 | 0 | Minute Entry for proceedings held before William M. Skretny U.S.D.J: Status conference held. Court discusses 3 Motion for Preliminary Injunction and 21 Motion to Stay, both of which are taken under advisement. Court denies 18 Motion to Dismiss as MOOT. Court sets schedule on 70 Motion to Strike Declaration of Richard Killworth as follows: Defendants response due December 1, 2008; Plaintiffs reply, if any, due December 8, 2008. Court will STAY the following motions pending resolution of 3 Motion for Preliminary Injunction and/or 21 Motion to Stay: (29) Motion to Strike Counterclaims; 72 Motion to File Amended Answer. Court GRANTS 66 Consent Motion to Substitute Documents and will issue separate order with filing instructions. For the pltf. - Bob Lane, Jodyann Galvin. For the defts. - Thomas Burger, Timothy Graber. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 11/18/2008) | |||
| 2008-11-24 | 84 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 66 Consent Motion to Substitute Documents is GRANTED. The Clerk of the Court is DIRECTED to STRIKE Docket Nos. 38 and 39 from the record. Defendant is directed to separately file the redacted versions of its opposition to Gaymar's 3 Motion for Preliminary Injunction and the Declaration of Steven J. Berke by 12/1/2008. SO ORDEREED. Issued by William M. Skretny U.S.D.J. on 11/20/2008. (MEAL) (Entered: 11/24/2008) | |||
| 2008-12-01 | 85 | 0 | REDACTION to 38 Memorandum in Opposition to Motion for Preliminary Injunction filed pursuant to Court's Text Order at Docket No. 84 by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Redaction to 39 Declaration of Steven J. Berke in Support of Cincinnati Sub-Zero Products, Inc.'s Opposition to Gaymar's Motion for Preliminary Injunction, # 2 Certificate of Service)(Davis, John) (Entered: 12/01/2008) | |||
| 2008-12-01 | 86 | 0 | MEMORANDUM in Opposition re 70 MOTION to Strike and/or Preclude Declaration and Testimony of Richard A. Killworth filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Davis, John) (Entered: 12/01/2008) | |||
| 2008-12-08 | 87 | 0 | REPLY/RESPONSE to re 86 Memorandum in Opposition to Motion Reply Memorandum in Further Support of Gaymar's Motion to Strike and/or Preclude the Declaration and Testimony of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 12/08/2008) | |||
| 2009-02-11 | 88 | 0 | MOTION Permission to Present Additional Authority by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin, # 2 Exhibit A to Galvin Declaration, # 3 Exhibit B to Galvin Declaration, # 4 Certificate of Service)(Galvin, Jodyann) (Entered: 02/11/2009) | |||
| 2009-02-11 | 89 | 0 | Amended MOTION Permission to Present Additional Authority by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin in Support of Motion to Present Additional Authority, # 2 Exhibit Exhibit A to Galvin Declaration, # 3 Exhibit Exhibit B to Galvin Declaration, # 4 Certificate of Service)(Galvin, Jodyann) (Entered: 02/11/2009) | |||
| 2009-02-24 | 90 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 17, 2008, before Judge William M. Skretny. Court Reporter/Transcriber Michelle L. McLaughlin, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2009. Redacted Transcript Deadline set for 3/27/2009. Release of Transcript Restriction set for 5/26/2009. (DLC) (Entered: 02/25/2009) | |||
| 2009-09-28 | 91 | 0 | DECISION AND ORDER DENYING Plaintiff's 3 Motion for Preliminary Injunction; GRANTING Defendant's 21 Motion to Stay; DENYING as moot, subject to reinstatement Plaintiff's 29 Motion to Strike Defendant's Answer and Counterclaim; GRANTING Plaintiff's 53 Motion for Leave to File a Supplemental Memorandum and Declaration; DENYING as moot Plaintiff's 70 Motion to Strike and/or Preclude the Killworth Declaration and Testimony; DENYING as moot, subject to reinstatement Defendant's 72 Motion for Leave to File an Amended Answer; GRANTING in part and DENYING as moot in part Plaintiff's 89 Motion for for Leave to File Supplemental Authority; DIRECTING counsel to file motion within 14 days of the PTO's reexamination decision requesting the scheduling of a status conference; DIRECTING the Clerk of the Court to place this case on this Court's administrative calendar. Signed by William M. Skretny U.S.D.J. on 9/28/2009. (MEAL) (Entered: 09/28/2009) | |||
| 2010-07-26 | 92 | 0 | Consent MOTION to Schedule a Status Conference by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Stipulated Motion, # 2 Certificate of Service)(Davis, John) (Entered: 07/26/2010) | |||
| 2010-07-29 | 93 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 92 Consent Motion for Scheduling of a Status Conference is GRANTED. A Status Conference is scheduled for 9/10/2010 at 10:00 AM before William M. Skretny, Chief Judge. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/29/2010. (MEAL) (Entered: 07/29/2010) | |||
| 2010-09-10 | 94 | 0 | Minute Entry for proceedings held before William M. Skretny, Chief Judge: Status Conference held on 9/10/2010. Status as to case discussed. Defendant to file motion addressing reinstatement, amendment, determination of prevailing party and targeted discovery on or before 10/12/2010. Plaintiff to file response on or before 11/12/2010. Defendant to file reply on or before 11/22/2010. The Court will then reserve decision. Reservation as to the right to move for attorney's fees made. Court to consider sending the issue of attorney fees to mediation. For the pltf. - Robert Lane, Jody Galvin. For the deft. - Thomas Burger, Timothy Graber. (Court Reporter Michelle McLaughlin.) (MEAL) (Entered: 09/15/2010) | |||
| 2010-10-05 | 95 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 10, 2010, before Judge Skretny. Court Reporter/Transcriber Michelle McLauglin, Telephone number 716-332-3560. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/25/2010. Redacted Transcript Deadline set for 11/2/2010. Release of Transcript Restriction set for 12/31/2010. (JMM) (Entered: 10/05/2010) | |||
| 2010-10-12 | 96 | 0 | MOTION to Address Reinstatement, Amendment, Determination of Prevailing Party, and Targeted Discovery by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 10/12/2010) | |||
| 2010-10-12 | 97 | 0 | MEMORANDUM IN SUPPORT re 96 MOTION to Address Reinstatement, Amendment, Determination of Prevailing Party, and Targeted Discovery byCincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Services)(Burger, Thomas) (Entered: 10/12/2010) | |||
| 2010-10-12 | 98 | 0 | DECLARATION signed by Thomas J. Burger re 96 MOTION to Address Reinstatement, Amendment, Determination of Prevailing Party, and Targeted Discovery filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Exhibit 1 to Burger Declaration (Proposed Order # 1), # 2 Exhibit 2 to Burger Declaration (Proposed Order # 2 and Second Amended Answer), # 3 Exhibit 2A to Second Amended Answer (Declaration for Utility Patent), # 4 Exhibit 2B to Second Amended Answer (MT II Manual), # 5 Exhibit 2C to Second Amended Answer (Stewart Letter), # 6 Exhibit 2D to Second Amended Answer (Caruso Article), # 7 Exhibit 2E to Second Amended Answer (MT III Brochure), # 8 Exhibit 2F to Second Amended Answer (Gaymar Pamphlet), # 9 Exhibit 2G to Second Amended Answer (Gaymar Pamphlet signed), # 10 Exhibit 2H to Second Amended Answer (1993 AACN Manual), # 11 Exhibit 2I to Second Amended Answer (Hubbard Article), # 12 Exhibit 2J to Second Amended Answer (Clifton 204 patent), # 13 Exhibit 2K to Second Amended Complaint (Clifton 673 patent), # 14 Exhibit 3 to Burger Declaration (Proposed Order # 3), # 15 Exhibit 4 to Burger Declaration (Proposed Order # 4), # 16 Exhibit 5 to Burger Declaration (selected pages of Sept. 10, 2010 hearing transcript), # 17 Exhibit 6 to Burger Declaration (Letter of Express Abandonment), # 18 Exhibit 7 to Burger Declaration (Galvin Letter), # 19 Exhibit 8 to Burger Declaration (Burger Letter), # 20 Exhibit 9 to Burger Declaration (Highway Equip v. FECO order), # 21 Exhibit 10 to Burger Declaration (Dodge-Regupol v. RB Rubber order), # 22 Exhibit 11 to Burger Declaration (Monsanto v. Bayer filing), # 23 Certificate of Service)(Burger, Thomas) (Entered: 10/12/2010) | |||
| 2010-11-10 | 99 | 0 | Consent MOTION for Extension of Time to File Response/Reply as to 96 MOTION to Address Reinstatement, Amendment, Determination of Prevailing Party, and Targeted Discovery by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin in Support of Motion on Consent for an Extension of Time, # 2 Certificate of Service Certificate of Service)(Galvin, Jodyann) (Entered: 11/10/2010) | |||
| 2010-11-16 | 100 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 99 Consent Motion for Extension of Time is GRANTED. Plaintiff's Response is now due 11/19/2010. Defendant's Reply is now due 12/3/2010. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 11/16/2010. (CMD) (Entered: 11/16/2010) | |||
| 2010-11-19 | 101 | 0 | Cross MOTION to Dismiss by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Jodyann Galvin in Support of Gaymar's Cross-Motion to Dismiss, # 2 Exhibit Exhibits A-E to Galvin Declaration, # 3 Exhibit Exhibit F to Galvin Declaration, # 4 Exhibit Exhibits G-J to Galvin Declaration, # 5 Memorandum in Support Memorandum in Support of Cross-Motion to Dismiss, # 6 Exhibit Exhibit 1 to Memorandum, # 7 Certificate of Service Certificate of Service)(Galvin, Jodyann) (Entered: 11/19/2010) | |||
| 2010-12-03 | 102 | 0 | MEMORANDUM in Opposition re 101 Cross MOTION to Dismiss AND REPLY IN FURTHER SUPPORT OF re 96 CSZ'S COMBINED MOTION filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 SECOND DECLARATION OF THOMAS J. BURGER IN SUPPORT OF MEMORANDUM IN OPPOSITION TO CROSS MOTION TO DISMISS AND REPLY IN SUPPORT OF CSZ'S COMBINED MOTION, # 2 Certificate of Service)(Burger, Thomas) (Entered: 12/03/2010) | |||
| 2011-05-27 | 103 | 0 | MOTION for Leave to File Supplemental Authority and to Submit Supplemental Memorandum of Law by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit of Jodyann Galvin in Support of Motion to Submit Supplemental Authority, # 2 Certificate of Service)(Galvin, Jodyann) (Entered: 05/27/2011) | |||
| 2011-06-02 | 104 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, Plaintiff's 103 Motion is GRANTED. Plaintiff's 5-page Supplemental Memorandum is due by 6/10/2011. Defendants may file a 5-page response by 6/22/2011. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/1/2011. (CMD) (Entered: 06/02/2011) | |||
| 2011-06-08 | 105 | 0 | MOTION to Present Additional Authority by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit of Thomas J. Burger in Support of Motion to Present Additional Authority, # 2 Exhibit A to Affidavit of Thomas J. Burger, # 3 Certificate of Service)(Burger, Thomas) (Entered: 06/08/2011) | |||
| 2011-06-09 | 106 | 0 | MOTION to Present Additional Authority by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger in Support of Motion to Present Additional Authority, # 2 Exhibit A to Declaration of Thomas J. Burger, # 3 Certificate of Service)(Burger, Thomas) (Entered: 06/09/2011) | |||
| 2011-06-10 | 107 | 0 | MEMORANDUM/BRIEF Supplemental Memorandum on Federal Circuit Opinion Heightening Standard for Inequitable Conduct by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Galvin, Jodyann) (Entered: 06/10/2011) | |||
| 2011-06-22 | 108 | 0 | MEMORANDUM/BRIEF re 107 Memorandum/Brief Supplemental Memorandum on Federal Circuit's Therasense Inc v. Beckton Dickinson Decision by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 06/22/2011) | |||
| 2011-06-23 | 109 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the Defendant, Cincinnati Sub-Zero Products, Inc.'s 106 Motion to Present Additional Authority is GRANTED. Plaintiff may file a response to Defendant's [106-1] submission by 7/8/2011. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 6/23/2011. (CMD) (Entered: 06/23/2011) | |||
| 2011-06-24 | 110 | 0 | MOTION to Compel by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support of CSZ's Motion to Compel, # 2 Declaration of Thomas J. Burger in Support of CSZ's Motion to Compel, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H (H-1 through H-6), # 11 Text of Proposed Order, # 12 Certificate of Service)(Burger, Thomas) (Entered: 06/24/2011) | |||
| 2011-07-08 | 111 | 0 | RESPONSE to Motion re 106 MOTION to Present Additional Authority filed by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 07/08/2011) | |||
| 2011-07-08 | 112 | 0 | MEMORANDUM in Opposition re 110 MOTION to Compel filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit, # 2 Certificate of Service)(Galvin, Jodyann) (Entered: 07/08/2011) | |||
| 2011-07-15 | 113 | 0 | REPLY to Response to Motion re 110 MOTION to Compel filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger, # 2 Exhibit A to Declaration of Thomas J. Burger, # 3 Certificate of Service)(Burger, Thomas) (Entered: 07/15/2011) | |||
| 2011-12-22 | 114 | 0 | MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Thomas J. Burger, # 3 Exhibit A Business First Article, # 4 Exhibit B BuffaloNews.com Article 2010, # 5 Exhibit C BuffaloNews.com Article 2011, # 6 Exhibit D Patent Assignment, # 7 Exhibit E Trademark Assignment, # 8 Exhibit F Trademark File History, # 9 Text of Proposed Order, # 10 Certificate of Service)(Burger, Thomas) (Entered: 12/22/2011) | |||
| 2011-12-27 | 115 | 0 | SCHEDULING NOTICE on 114 Motion for Joinder. Responses due by 1/9/2012. Replies due by 1/19/2012. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 12/27/2011) | |||
| 2012-01-09 | 116 | 0 | MEMORANDUM in Opposition re 114 MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) filed by Gaymar Industries, Inc.. (Attachments: # 1 Declaration of Jodyann Galvin, # 2 Exhibit A to Galvin Declaration, # 3 Certificate of Service)(Galvin, Jodyann) (Entered: 01/09/2012) | |||
| 2012-01-09 | 117 | 0 | Corporate Disclosure Statement by Gaymar Industries, Inc. identifying Corporate Parent Styker Corporation for Gaymar Industries, Inc... (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 01/09/2012) | |||
| 2012-01-19 | 118 | 0 | REPLY to Response to Motion re 114 MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) MOTION for Joinder of Stryker Corporation as a Party Under Federal Rule of Civil Procedure 25(c) filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger in Further Support of Motion to Join, # 2 Exhibit G - Slip Opinion in Eastman Chem. Co. v. Alphapet Inc., No. 09-cv-97 (D. Del. Dec. 9, 2011), # 3 Exhibit H - Letter from Mr. Burger to Ms. Galvin, dated January 11, 2012, # 4 Exhibit I - Email from Ms. Galvin to Mr. Burger, dated January 12, 2012, # 5 Certificate of Service)(Burger, Thomas) (Entered: 01/19/2012) | |||
| 2012-01-20 | 119 | 0 | DECISION AND ORDER DIRECTING the Clerk of the Court to re-open this case; GRANTING CSZ's 96 Motion Addressing Reinstatement, Amendment, Determination of Prevailing Party, and Targeted Discovery; DIRECTING CSZ to file its Second Amended Answer by January 30, 2012; DENYING Gaymar's 101 Motion to Dismiss; DENYING CSZ's 114 Motion to Join Stryker; DENYING without prejudice CSZ's 110 Motion to Compel; DIRECTING CSZ to file a Motion to Compel, if necessary, by February 6, 2012; DIRECTING Gaymar to file its Answer and, if necessary, a memorandum in opposition to CSZ's Motion to Compel by February 20, 2012; ADVISING CSZ and Gaymar that they have until April 20, 2012 to conduct their discovery, which may include depositions of any declarant, Dr. Stewart, and Hermann Pohl; DIRECTING CSZ to file its fee motion by May 18, 2012; DIRECTING Gaymar to file its opposition to the fee motion by June 15, 2012; DIRECTING CSZ to file its reply by June 29, 2012. Signed by William M. Skretny, Chief Judge U.S.D.C. on 1/19/2012. (MEAL) (Entered: 01/20/2012) | 2012-01-21 11:25:28 | 91bddba66e2783358e64f767e6b9bfb2b669cc1b | |
| 2012-01-27 | 120 | 0 | AMENDED ANSWER to 1 Complaint, COUNTERCLAIM against Gaymar Industries, Inc. by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K(1), # 12 Exhibit K(2), # 13 Certificate of Service)(Burger, Thomas) (Entered: 01/27/2012) | |||
| 2012-02-06 | 121 | 0 | MOTION to Compel by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Thomas J. Burger, # 3 Exhibit A1-A4, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Text of Proposed Order, # 13 Certificate of Service)(Burger, Thomas) (Entered: 02/06/2012) | |||
| 2012-02-20 | 122 | 0 | Gaymar's ANSWER to 120 Amended Answer to Complaint, Counterclaim,, by Gaymar Industries, Inc..(Fluskey, Robert) (Entered: 02/20/2012) | |||
| 2012-02-20 | 123 | 0 | RESPONSE to Motion re 121 MOTION to Compel filed by Gaymar Industries, Inc.. (Attachments: # 1 Declaration of Robert Fluskey, # 2 Exhibit Exhibit 1 to Fluskey Declaration, # 3 Exhibit Exhibit 2 to Fluskey Declaration, # 4 Exhibit Exhibit 3 to Fluskey Declaration, # 5 Exhibit Exhibit 4 to Fluskey Declaration, # 6 Exhibit Exhibit 5 to Fluskey Declaration, # 7 Exhibit Exhibit 6 to Fluskey Declaration, # 8 Exhibit Exhibit 7 to Fluskey Declaration)(Fluskey, Robert) (Entered: 02/20/2012) | |||
| 2012-02-21 | 124 | 0 | TEXT REFERRAL ORDER - Hon. Jeremiah J. McCarthy, 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 Chief Judge William M. Skretny on 2/21/2012. (JCD) (Entered: 02/21/2012) | |||
| 2012-02-21 | 125 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 122 Answer to Counterclaim (Fluskey, Robert) (Entered: 02/21/2012) | |||
| 2012-02-21 | 126 | 0 | CERTIFICATE OF SERVICE by Gaymar Industries, Inc. re 123 Response to Motion, (Fluskey, Robert) (Entered: 02/21/2012) | |||
| 2012-02-21 | 127 | 0 | TEXT ORDER : A status conference is set for February 27, 2012 at 3:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 2/21/12. (DAZ) (Entered: 02/21/2012) | |||
| 2012-02-24 | 128 | 0 | Joint MOTION Clarification of the Terms of Its 1/20/12 Decision and Order re 119 Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss, Order on Motion to Compel, Order on Motion for Joinder,,,,,,,,,,,,,,,, by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 02/24/2012) | |||
| 2012-02-27 | 129 | 0 | Joint MOTION Clarification of the Terms of Its 1/20/12 Decision and Order re 119 Order on Motion for Miscellaneous Relief, Order on Motion to Dismiss, Order on Motion to Compel, Order on Motion for Joinder,,,,,,,,,,,,,,,, by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 02/27/2012) | |||
| 2012-02-27 | 130 | 0 | E-FILING NOTIFICATION : Document and text removed as they were erroneously docketed to this case. (Entered: 02/27/2012) | |||
| 2012-02-27 | 131 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Status Conference held on 2/27/2012 to discuss scheduling issues. Appearances: Robert J. Fluskey, Jr. and Robert J. Lane Jr. for Plaintiff; Timothy J. Graber, Thomas J. Burger (via telephone), and Paul Linden (via telephone) for Defendants. (DAZ) (Entered: 02/27/2012) | |||
| 2012-02-27 | 132 | 0 | REPLY to Response to Motion re 121 MOTION to Compel filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger, # 2 Exhibit J, # 3 Certificate of Service)(Burger, Thomas) (Entered: 02/27/2012) | |||
| 2012-02-29 | 133 | 0 | TEXT ORDER CSZ and Gaymar have different interpretations of the scope of the Decision and Order 119 regarding the Ordering Paragraph that reads: "CSZ and Gaymar have until April 20, 2012 to conduct their discovery, which may include depositions of any declarant, Dr. Stewart, and Hermann Pohl." Accordingly, CSZ and Gaymar have each contributed to a joint motion 129 to clarify the order. IT HEREBY IS ORDERED THAT CSZ may proceed with depositions of Kevin McCarthy, Georgia Evans, and a Rule(30)(b)(6) witness, in addition to the individuals identified above.SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 2/29/2012. (CMD) (Entered: 02/29/2012) | |||
| 2012-03-02 | 134 | 0 | TEXT ORDER : Oral argument of defendant Cincinnati Sub-Zero Products, Inc.'s motion to compel 121 is set for March 19, 2012 at 2:00 p.m. The parties may participate via telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/2/12. (DAZ) (Entered: 03/02/2012) | |||
| 2012-03-19 | 135 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument held on 3/19/2012 as to Motion to Compel 121 . Written decision to follow. Appearances: Robert J. Fluskey, Jr., Jodyann Galvin for Plaintiff; Timothy J. Graber, Melissa M. Morton, Thomas J. Burger (via telephone) for Defendant. (DAZ) (Entered: 03/19/2012) | |||
| 2012-03-20 | 136 | 0 | DECISION AND ORDER as to 121 Motion to Compel. Signed by Hon. Jeremiah J. McCarthy on 3/20/12. (DAZ) (Entered: 03/20/2012) | 2012-03-21 09:51:47 | 9f64cf1e6b0eeef1f519b9d9b1103d66ba0500df | |
| 2012-03-22 | 137 | 0 | TEXT ORDER. IT HEREBY IS ORDERED that, pursuant to Plaintiff's voluntary dismissal, 68 , Defendant, Innercool therapies Inc. is dismissed from this action. The Clerk of the Court is directed to amend the caption to reflect this change. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 3/22/2012. (CMD) (Entered: 03/22/2012) | |||
| 2012-03-29 | 138 | 0 | TEXT ORDER : A settlement conference is set for May 30, 2012 at 9:00 a.m. before Hon. Jeremiah J. McCarthy. The parties shall have an individual with settlement authority present. By May 2, 2012, plaintiff shall serve defendant (copy to the Court) with a settlement statement and proposal. By May 16, 2012, defendant shall serve plaintiff (copy to the Court) with a settlement statement and counter-proposal. The settlement statements shall detail your position and attach any supporting documentation. Each party shall also submit a confidential settlement statement to me by May 23, 2012. The confidential settlement statement is not to be exchanged with your opponent. It shall include your undisclosed settlement position and any other confidential information that may be helpful to settling the case. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 3/29/12. (DAZ) (Entered: 03/29/2012) | |||
| 2012-05-02 | 139 | 0 | Defendant Cincinnati Sub-Zero Products' Motion to Amend the Deadlines for Settlement Submissions (Timothy J. Graber, Esq.)(Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 05/02/2012) | |||
| 2012-05-02 | 140 | 0 | ORDER granting 139 Defendant Cincinnati Sub-Zero Products' Motion to Amend the Deadlines for Settlement Submissions. Signed by Hon. Jeremiah J. McCarthy on 5/2/12. (DAZ) (Entered: 05/02/2012) | |||
| 2012-05-30 | 141 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Settlement Conference held on 5/30/2012. Settlement not possible at this time. Appearances: Jodyann Galvin for Gaymar along with representatives/employees of Gaymar/Stryker; Timothy Graber for Cincinnati Sub Zero along with representatives/employees of CSZ. (DAZ) (Entered: 05/30/2012) | |||
| 2012-05-30 | 142 | 0 | TEXT ORDER : As agreed at the conclusion of today's settlement conference, the court may (if so inclined) contact counsel ex parte to continue settlement discussions. A further status conference will be held on June 12, 2012 at 9:30 am to discuss a revised and final Case Management Order. Counsel may participate by telephone upon advance notice to chambers. In the interim, counsel shall confer and submit by June 8, 2012 either a joint or separate proposals for the Case Management Order. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/30/12. (DAZ) (Entered: 05/30/2012) | |||
| 2012-06-11 | 143 | 0 | Proposed Pretrial Order Jointly Proposed Final Case Management Order by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 06/11/2012) | |||
| 2012-06-12 | 144 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Status Conference held on 6/12/2012. Discussed Case Management Order deadlines. Appearances: Jodyann Galvin for Plaintiff; Timothy J. Graber, Thomas J. Burger (via telephone) and Paul Linden (via telephone) for Defendant. (DAZ) (Entered: 06/12/2012) | |||
| 2012-06-14 | 145 | 0 | TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 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. § 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. § 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 Chief Judge William M. Skretny on 6/14/2012. (JCD) (Entered: 06/14/2012) | |||
| 2012-06-18 | 146 | 0 | TEXT ORDER: The deadlines contained in the parties' Jointly Proposed Final Case Management Order 143 are approved. A further conference will be held on July 30, 2012 at 2:00 pm to set a final briefing schedule. Counsel may participate by telephone, upon advance notice to chambers. In the interim, the court remains willing to assist in settlement discussions upon request by either party, and counsel have agreed that such discussions may include ex parte communications. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 6/18/12. (DAZ) (Entered: 06/18/2012) | |||
| 2012-08-01 | 147 | 0 | MINUTE ENTRY AND ORDER : Proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/1/2012. In accordance with the August 1, 2012 chambers conference, the parties shall confer and submit a proposed joint amended final case management order addressing their agreement to bifurcate discovery. The parties shall also confer in an effort to narrow the outstanding discovery disputes, and if any disputes remain, by August 10, 2012 the parties shall submit letters identifying the discovery they seek to compel and any anticipated privilege issues that may arise during the depositions in this case; by August 15, 2012 the parties' shall submit letter responses; and a conference is set for August 17, 2012 at 3:00 p.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. Appearances: Jodyann Galvin, Robert J. Lane, Jr. for Plaintiff; Timothy J. Graber, Thomas J. Burger (via telephone) and Paul Linden (via telephone) for Defendant. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy. (DAZ) (Entered: 08/02/2012) | |||
| 2012-08-02 | 148 | 0 | TEXT ORDER : At plaintiff's request and with defense counsel's consent, the August 17, 2012 conference is reset for August 20, 2012 at 03:00 PM before Hon. Jeremiah J. McCarthy. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/2/12. (DAZ) (Entered: 08/02/2012) | |||
| 2012-08-10 | 149 | 0 | MEMORANDUM/BRIEF Discovery Issues by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Galvin, Jodyann) (Entered: 08/10/2012) | |||
| 2012-08-15 | 150 | 0 | MEMORANDUM/BRIEF Regarding Discovery Issues by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Galvin, Jodyann) (Entered: 08/15/2012) | |||
| 2012-08-20 | 151 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/20/2012, ( Further Status Conference set for 9/5/2012 09:30 AM before Hon. Jeremiah J. McCarthy.). Court acknowledges receipt of two letters dated 8-10-12 and 8-15-12 from Attys Galvin and Burger followed by discussion re: same. Further Status Conference set for 9-5-12 at 9:30 am. Text Order to follow. For Pltf, Jodyann Galvin and Robert J. Lane, Jr. (in person). For Dft, Timothy Graber (in person), Thomas J. Burger and Paul Linder (via phone) (Court Reporter FTR Gold.) (LL) (Entered: 08/20/2012) | |||
| 2012-08-21 | 152 | 0 | TEXT ORDER : As agreed to by the parties at today's conference, all discovery deadlines, including any deadlines to respond to outstanding discovery, are stayed pending further order of the court. A further status conference is scheduled for September 5, 2012 at 9:30 a.m. The parties shall be prepared to address whether they intend to 1) proceed with briefing of the "exceptional case" motion, while reserving their rights to seek additional discovery necessitated by the briefing, or 2) to complete discovery before proceeding with briefing of the motion. If the parties intend to proceed with discovery, a briefing schedule for their motions to compel will be set at the September 5 conference. The parties may participate in that conference via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/21/12. (DAZ) (Entered: 08/21/2012) | |||
| 2012-09-05 | 153 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: In Chambers Status Conference held on 9/5/2012. Briefing schedule for motions to compel discussed and set. Text order to follow. APPEARANCES: Jodyann Galvin and Robert J. Lane, Jr. for Plaintiff; Timothy J. Graber and Thomas J. Burger (via telephone) for Defendant. (DAZ) (Entered: 09/05/2012) | |||
| 2012-09-05 | 154 | 0 | TEXT ORDER : In accordance with today's chambers conference, the parties will proceed with briefing of the "exceptional case" motion, while reserving their rights to seek additional discovery and to request an evidentiary hearing. Defendant shall file and serve its "exceptional case" motion by October 19, 2012, plaintiff shall file and serve its response by November 9, 2012, defendant's reply, if any, shall be filed and served by November 20, 2012, and oral argument is scheduled for December 12, 2012 at 10:00 a.m. The briefing shall identify any discovery and evidentiary issues which the parties claim are necessary for resolution of the motion, and shall summarize their discovery requests in a separate portion of their submissions. The parties may participate in the December 12, 2012 oral argument via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 9/5/12. (DAZ) (Entered: 09/05/2012) | |||
| 2012-09-12 | 155 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on August 20, 2012, before Judge Honorable Jeremiah J. McCarthy. Court Reporter/Transcriber Christi A. Macri, Telephone number 585-613-4310. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 10/3/2012. Redacted Transcript Deadline set for 10/15/2012. Release of Transcript Restriction set for 12/11/2012. (DR) (Entered: 09/12/2012) | |||
| 2012-10-09 | 156 | 0 | Joint Motion for an Extension to File Response/Reply and for Leave to Exceed Page Limitation (Timothy J. Graber, Esq.) (Letter motion filed with permission of Hon. Jeremiah J. McCarthy).(DAZ) (Entered: 10/10/2012) | |||
| 2012-10-09 | 157 | 0 | ORDER granting 156 Motion for Extension of Time to File Response/Reply and MOTION for Leave to File Excess Pages. Signed by Hon. Jeremiah J. McCarthy on 10/9/12. (DAZ) (Entered: 10/10/2012) | |||
| 2012-10-25 | 158 | 0 | NOTICE by Cincinnati Sub-Zero Products, Inc. Notice of Motion for Attorney Fees Under Section 285 (Burger, Thomas) Modified on 10/26/2012 (DLC). (Entered: 10/25/2012) | |||
| 2012-10-25 | 159 | 0 | MEMORANDUM IN SUPPORT re 158 Notice (Other) Memorandum in Support of CSZ's Motion for Attorney Fees Under Section 285 byCincinnati Sub-Zero Products, Inc.. (Burger, Thomas) (Entered: 10/25/2012) | |||
| 2012-10-25 | 160 | 0 | DECLARATION re 158 Notice (Other) filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of CSZ's Motion for Attorney Fees Under Section 285. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35)(Burger, Thomas) (Entered: 10/25/2012) | |||
| 2012-10-25 | 161 | 0 | DECLARATION re 158 Notice (Other) filed by Cincinnati Sub-Zero Products, Inc. Supplemental Declaration of Richard A. Killworth in Support of CSZ's Motion for Attorney Fees Under Section 285. (Burger, Thomas) (Entered: 10/25/2012) | |||
| 2012-10-25 | 162 | 0 | CERTIFICATE OF SERVICE by Cincinnati Sub-Zero Products, Inc. re 158 Notice (Other) (Burger, Thomas) (Entered: 10/25/2012) | |||
| 2012-11-20 | 163 | 0 | MOTION to Strike the Declarations of Richard A. Killworth, Esq. by Gaymar Industries, Inc.. (Attachments: # 1 Memorandum in Support Memorandum in Support of Gaymar's Motion to Strike the Declarations of Richard A. Killworth, Esq., # 2 Declaration of Jodyann Galvin in Support, # 3 Exhibit A to Galvin Declaration, # 4 Certificate of Service)(Galvin, Jodyann) (Entered: 11/20/2012) | |||
| 2012-11-20 | 164 | 0 | MEMORANDUM in Opposition re 158 MOTION for Attorney Fees filed by Gaymar Industries, Inc.. (Attachments: # 1 Affidavit Declaration of Dr. Thomas Stewart in Opposition, # 2 Affidavit Declaration of Hermann Pohl in Opposition, # 3 Affidavit Declaration of Georgia Evans in Opposition, # 4 Affidavit Declaration of Kevin McCarthy in Opposition, # 5 Affidavit Declaration of Robert J. Lane, Jr. in Opposition, # 6 Exhibit Exhibit 1 to Lane Declaration, # 7 Exhibit Exhibit 2 to Lane Declaration, # 8 Exhibit Exhibit 3 to Lane Declaration, # 9 Affidavit Declaration of Robert J. Fluskey, Jr. in Opposition, # 10 Exhibit Exhibit 1 to Fluskey Declaration, # 11 Exhibit Exhibit 2 to Fluskey Declaration, # 12 Exhibit Exhibit 3 to Fluskey Declaration, # 13 Exhibit Exhibit 4 to Fluskey Declaration, # 14 Exhibit Exhibit 5, Part 1 to Fluskey Declaration, # 15 Exhibit Exhibit 5, Part 2 to Fluskey Declaration, # 16 Exhibit Exhibit 6 to Fluskey Declaration, # 17 Exhibit Exhibit 7 to Fluskey Declaration, # 18 Exhibit Exhibit 8 to Fluskey Declaration, # 19 Exhibit Exhibit 9, Part 1 to Fluskey Declaration, # 20 Exhibit Exhibit 9, Part 2 to Fluskey Declaration, # 21 Exhibit Exhibit 10 to Fluskey Declaration, # 22 Exhibit Exhibit 11, Part 1 to Fluskey Declaration, # 23 Exhibit Exhibit 11, Part 2 to Fluskey Declaration, # 24 Exhibit Exhibit 12, Part 1 to Fluskey Declaration, # 25 Exhibit Exhibit 12, Part 2 Fluskey Declaration, # 26 Exhibit Exhibit 13 to Fluskey Declaration, # 27 Exhibit Exhibit 14 to Fluskey Declaration, # 28 Exhibit Exhibit 15 to Fluskey Declaration, # 29 Exhibit Exhibit 16 to Fluskey Declaration, # 30 Exhibit Exhibit 17 to Fluskey Declaration, # 31 Exhibit Exhibit 18 to Fluskey Declaration, # 32 Exhibit Exhibit 19 to Fluskey Declaration, # 33 Exhibit Exhibit 20 to Fluskey Declaration, # 34 Exhibit Exhibit 21 to Fluskey Declaration, # 35 Exhibit Exhibit 22 to Fluskey Declaration, # 36 Exhibit Exhibit 23 to Fluskey Declaration, # 37 Exhibit Exhibit 24 to Fluskey Declaration, # 38 Exhibit Exhibit 25 to Fluskey Declaration, # 39 Exhibit Exhibit 26 to Fluskey Declaration, # 40 Exhibit Exhibit 27 to Fluskey Declaration, # 41 Exhibit Exhibit 28 to Fluskey Declaration (Filed Under Seal), # 42 Certificate of Service)(Lane, Robert) (Entered: 11/20/2012) | |||
| 2012-11-21 | 165 | 0 | TEXT ORDER : Defendant's response to plaintiff's motion to strike 163 shall be served and filed by December 5, 2012; plaintiff's reply, if any, shall be served and filed by December 10, 2012; and oral argument is set for December 12, 2012 at 10:00 a.m. The parties may participate via telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 11/21/12. (DAZ) (Entered: 11/21/2012) | |||
| 2012-12-05 | 166 | 0 | RESPONSE in Opposition re 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 12/05/2012) | |||
| 2012-12-06 | 167 | 0 | REPLY to Response to Motion re 158 MOTION for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Reply Declaration of Thomas J. Burger with Exhibit, # 2 Certificate of Service)(Burger, Thomas) (Entered: 12/06/2012) | |||
| 2012-12-10 | 168 | 0 | Document has been refiled see document 169...REPLY to Response to Motion re 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit 1 to Reply Memorandum, # 2 Certificate of Service)(Galvin, Jodyann) Modified on 12/11/2012 (DLC). (Entered: 12/10/2012) | |||
| 2012-12-10 | 169 | 0 | REPLY to Response to Motion re 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. (Re-Filed) filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Galvin, Jodyann) (Entered: 12/10/2012) | |||
| 2012-12-12 | 170 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Oral Argument re: Pltf's Motion to Strike the Declarations of Richard A. Killworth, Esq. 163 held on 12/12/2012. DECISION RESERVED. PRESENT: For Pltf, Robert J. Lane, Jr., Robert J. Fluskey, Jr. and Jodyann Galvin. For Deft, Thomas J. Burger and Timothy J. Graber. (Court Reporter FTR Gold.) (LL) (Entered: 12/12/2012) | |||
| 2013-08-08 | 171 | 0 | REPORT, RECOMMENDATION AND ORDER re 158 MOTION for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc.; 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc. Objections to R&R due by 8/26/2013. Signed by Hon. Jeremiah J. McCarthy on 8/8/13. (DAZ) (Entered: 08/08/2013) | |||
| 2013-08-26 | 172 | 0 | APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Cincinnati Sub-Zero Products, Inc. re 171 REPORT AND RECOMMENDATIONS re 158 MOTION for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc., 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc. Objections due fourteen (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 08/26/2013) | |||
| 2013-08-26 | 173 | 0 | APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Gaymar Industries, Inc. re 171 REPORT AND RECOMMENDATIONS re 158 MOTION for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc., 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc. Objections due fourteen (Attachments: # 1 Exhibit Memorandum of Law, # 2 Exhibit Report and Recommendation, # 3 Certificate of Service)(Lane, Robert) (Entered: 08/26/2013) | |||
| 2013-08-29 | 174 | 0 | SCHEDULING NOTICE on 172 173 Objections to the 171 Report and Recommendation. Responses due by 9/12/2013. Replies due by 9/23/2013. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 08/29/2013) | |||
| 2013-09-12 | 175 | 0 | MEMORANDUM IN OPPOSITION re 172 Appeal of Magistrate Judge Decision to District Court, in Opposition to CSZ's Objections to the Report and Recommendation by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Fluskey, Robert) (Entered: 09/12/2013) | |||
| 2013-09-12 | 176 | 0 | MEMORANDUM IN OPPOSITION re 173 Appeal of Magistrate Judge Decision to District Court, CSZ's Opposition to Gaymar's Limited Objections to Magistrate Judge McCarthy's Report and Recommendation by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 09/12/2013) | |||
| 2013-09-12 | 177 | 0 | DECLARATION re 176 Memorandum in Opposition, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of CSZ's Opposition to Gaymar's Limited Objections to Magistrate Judge McCarthy's Report and Recommendation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Certificate of Service)(Burger, Thomas) (Entered: 09/12/2013) | |||
| 2013-09-23 | 178 | 0 | REPLY to Response to Motion re 171 REPORT AND RECOMMENDATIONS re 158 MOTION for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc., 163 MOTION to Strike the Declarations of Richard A. Killworth, Esq. filed by Gaymar Industries, Inc. Objections due fourteen In Further Support of Its Limited Objections to the Report and Recommendation filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit 1 to Reply Memorandum, # 2 Exhibit 2 to Reply Memorandum, # 3 Certificate of Service)(Lane, Robert) (Entered: 09/23/2013) | |||
| 2013-09-23 | 179 | 0 | REPLY/RESPONSE to re 175 Memorandum in Opposition, CSZ's Reply in Further Support of its Objections to the Report, Recommendation, and Order Dated August 8, 2013 filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 09/23/2013) | |||
| 2013-09-23 | 180 | 0 | DECLARATION re 179 Reply/Response, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of CSZ's Reply in Further Support of its Objections to the Report, Recommendation, and Order Dated August 8, 2013. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Burger, Thomas) (Entered: 09/23/2013) | |||
| 2013-11-08 | 181 | 0 | NOTICE by Cincinnati Sub-Zero Products, Inc. Notice of Activity by the United States Supreme Court (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Certificate of Service)(Burger, Thomas) (Entered: 11/08/2013) | |||
| 2013-11-19 | 182 | 0 | NOTICE by Gaymar Industries, Inc. re 181 Notice (Other) RESPONSE to CSZ's "Notice of Activity by the United States Supreme Court" (Attachments: # 1 Certificate of Service)(Fluskey, Robert) (Entered: 11/19/2013) | |||
| 2013-11-21 | 183 | 0 | TEXT ORDER Presently before this Court are Objections to the Magistrate Judge's Report, Recommendation, and Order. Having reviewed the Report and Recommendation portion de novo, after considering the Objections and the parties' submissions, see 28 U.S.C. § 636(b)(1), this Court concurs with the findings and recommendations contained in the Report and Recommendation portion of the Report, Recommendation, and Order. Accordingly, the Objections are DENIED, and the Report and Recommendation portion is ACCEPTED in its entirety, including the authorities cited and the reasons given therein. As to the Order section of the Report, Recommendation, and Order, a magistrate judge's Decision and Order resolving a non-dispositive, pretrial matter is reconsidered by the district judge only when it has been established that it is clearly erroneous or contrary to law. See 28 U.S.C. § 636(b)(1)(A). Having thoroughly reviewed the Order portion of the magistrate judge's Report, Recommendation, and Order, and the appeal thereof, this Court finds that it has not been established that the ruling is clearly erroneous or contrary to law. IT HEREBY IS ORDERED, that the 171 Report and Recommendation is ACCEPTED. Further, that the 172 Objections are DENIED. FURTHER, that Defendant's 158 Motion for Attorney Fees Under Section 285 is DENIED. FURTHER, that finding no error, the 173 Appeal of the 171 Order is DENIED. FURTHER, that the Clerk of Court is directed to CLOSE this case. Issued by William M. Skretny, Chief Judge on 11/20/2013. (MEAL) - CLERK TO FOLLOW UP - (Entered: 11/21/2013) | |||
| 2013-12-04 | 184 | 0 | JUDGMENT that the (Dkt. No.171) Report and Recommendation is ACCEPTED. Further, that the (Dkt. No.172) Objections are DENIED. FURTHER, that Defendant's (Dkt. No.158) Motion for Attorney Fees Under Section 285 is DENIED. FURTHER, that finding no error, the (Dkt. No.173) Appeal of the (Dkt No.171) Order is DENIED.The Patent and Trademark Office decided the infringement issue during the pendency of this action, which rendered it moot here. Signed by the Clerk of the Court on 12/4/2013. (DLC) (Entered: 12/04/2013) | |||
| 2013-12-19 | 185 | 0 | BILL OF COSTS by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Exhibit 1-Fees for Transcripts, # 2 Exhibit 2-Fees for Printing)(Burger, Thomas) (Entered: 12/19/2013) | |||
| 2013-12-19 | 186 | 0 | MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 12/19/2013) | |||
| 2013-12-19 | 187 | 0 | MEMORANDUM IN SUPPORT re 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, byCincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 12/19/2013) | |||
| 2013-12-19 | 188 | 0 | DECLARATION re 187 Memorandum in Support, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger. (Attachments: # 1 Exhibit A-, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Certificate of Service)(Burger, Thomas) (Entered: 12/19/2013) | |||
| 2013-12-19 | 189 | 0 | NOTICE OF APPEAL to the Federal Circuit as to 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations, by Cincinnati Sub-Zero Products, Inc.. Filing fee $ 505, receipt number 0209-1940439. (Attachments: # 1 Certificate of Service)(Burger, Thomas) Modified on 12/20/2013 (DLC). (Entered: 12/19/2013) | |||
| 2013-12-20 | 190 | 0 | This was filed in error as the appeal is the the Federal Circuit CLERKS CERTIFICATE filed and electronically sent to Court of Appeals. (DLC) Modified on 12/20/2013 (DLC). (Entered: 12/20/2013) | |||
| 2013-12-20 | 191 | 0 | SCHEDULING NOTICE on 186 Motion for Reconsideration. Response due by 1/6/2014. Reply due by 1/16/2014. Oral Argument will be scheduled by the Court as necessary. (MEAL) (Entered: 12/20/2013) | |||
| 2013-12-23 | 192 | 0 | Consent MOTION for Extension of Time to File Response/Reply as to 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Fluskey, Robert) (Entered: 12/23/2013) | |||
| 2013-12-26 | 193 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 192 Unopposed Motion to Alter/Extend Briefing Schedule on CSZ's 186 Motion for Reconsideration is GRANTED. Response is now due 1/16/2014. Reply is now due 1/27/2014. SO ORDERED. Issued by William M. Skretny, Chief Judge on 12/26/2013. (MEAL) (Entered: 12/26/2013) | |||
| 2014-01-16 | 194 | 0 | MEMORANDUM in Opposition re 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, filed by Gaymar Industries, Inc.. (Attachments: # 1 Certificate of Service)(Fluskey, Robert) (Entered: 01/16/2014) | |||
| 2014-01-27 | 195 | 0 | REPLY to Response to Motion re 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 01/27/2014) | |||
| 2014-01-27 | 196 | 0 | DECLARATION re 195 Reply to Response to Motion, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of CSZ's Reply Memorandum. (Attachments: # 1 Exhibit A - Kilopass Tech. v. Sidense Corp (Fed. Cir. Dec. 26, 2013), # 2 Exhibit B - Bayer Cropscience v. Dow Agrosciences (D. Del. Jan. 10, 2014), # 3 Exhibit C - Brief for the United States as Amicus Curiae Supporting Petitioner in Octane Fitness v. Icon Health & Fitness, # 4 Certificate of Service)(Burger, Thomas) (Entered: 01/27/2014) | |||
| 2014-02-19 | 197 | 0 | NOTICE by Gaymar Industries, Inc. re 185 Bill of Costs Notice of Satisfaction of Bill of Costs (Attachments: # 1 Certificate of Service)(Galvin, Jodyann) (Entered: 02/19/2014) | |||
| 2014-05-09 | 198 | 0 | MOTION to Present Additional Authority by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger in Support of Motion to Present Additional Authority, # 2 Exhibit A _ Octane Fitness LLC v. Icon Health & Fitness (US Apr. 29, 2014), # 3 Exhibit B _ Highmark Inc. v. Allcare Health Management Systems Inc. (US Apr. 29, 2014), # 4 Certificate of Service)(Burger, Thomas) (Entered: 05/09/2014) | |||
| 2014-05-13 | 199 | 0 | TEXT REFERRAL ORDER (DISPOSITIVE) - Hon. Jeremiah J. McCarthy, United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 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. § 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. § 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 Chief Judge William M. Skretny on 5/13/2014. (MEAL) (Entered: 05/13/2014) | |||
| 2014-05-13 | 200 | 0 | TEXT ORDER : Defendant CSZ's motion to submit a supplemental Memorandum of Law 198 is granted. That Memorandum shall be filed by May 27, 2014. Gaymar's response shall be filed by June 10, 2014, and CSZ's reply (if any) shall be file by June 17, 2014, whereupon the matter will be deemed submitted without oral argument. The parties' submissions shall include a discussion of whether the Supreme Court's recent decisions in Octane Fitness, LLC v. Icon Health & Fitness, Inc., 134 S.Ct. 1749 (2014) and Highmark, Inc. v. Allcare Health Management System, Inc., 134 S.Ct. 1744 (2014) preclude consideration of CSZ's litigation conduct (or misconduct) in determining whether attorneys' fees should be awarded. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/13/14. (DAZ) (Entered: 05/13/2014) | |||
| 2014-05-16 | 201 | 0 | MOTION to Alter/Extend Briefing Schedule for Supplemental Briefing Related to Presentation of Additional Authority re 200 Order, Set Deadlines/Hearings,,,,,, by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger, # 2 Certificate of Service)(Burger, Thomas) (Entered: 05/16/2014) | |||
| 2014-05-19 | 202 | 0 | ORDER granting 201 Consent Motion to Alter/Extend Briefing Schedule. Signed by Hon. Jeremiah J. McCarthy on 5/19/14. (DAZ) (Entered: 05/19/2014) | |||
| 2014-05-20 | 203 | 0 | TEXT ORDER : The May 13, 2014 briefing deadlines 200 are amended as follows: Defendant CSZ's Memorandum shall be filed by June 3, 2014. Gaymar's response shall be filed by June 20, 2014, and CSZ's reply (if any) shall be filed by June 24, 2014, whereupon the matter will be deemed submitted without oral argument.SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/20/14. (DAZ) (Entered: 05/20/2014) | |||
| 2014-05-29 | 204 | 0 | TEXT ORDER. At CSZ's request and with Gaymar's consent, the deadline for CSZ's reply (if any) is extended to June 27, 2014. All other deadlines set forth in the May 20, 2014 briefing schedule 203 remain in effect. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 5/29/2014. (CMD) (Entered: 05/29/2014) | |||
| 2014-06-03 | 205 | 0 | MEMORANDUM/BRIEF re 200 Order, Set Deadlines/Hearings,,,,,, 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees, Order on Report and Recommendations,,,,,,,,,,,,,,,,,, Supplemental Memorandum Addressing the Supreme Court's Octane Decision by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 06/03/2014) | |||
| 2014-06-03 | 206 | 0 | DECLARATION signed by Thomas J. Burger re 205 Memorandum/Brief, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of Supplemental Memorandum Addressing the Supreme Court's Octane Decision. (Attachments: # 1 Exhibit A - '510 Patent, # 2 Exhibit B- Sarn 85 Manual, # 3 Exhibit C - Request for Inter Partes Reexamination ( 1 of 3), # 4 Exhibit C - Request for Inter Partes Reexamination (2 of 3), # 5 Exhibit C - Request for Inter Partes Reexamination (3 of 3), # 6 Exhibit D _ Right of Appeal Notice (1 of 2), # 7 Exhibit D - Right of Appeal Notice (2 of 2), # 8 Exhibit E - Action Closing Prosecution (1 of 2), # 9 Exhibit E - Action Closing Prosecution (2 of 2), # 10 Exhibit F - Stewart Letter, # 11 Exhibit G - Caruso Article, # 12 Certificate of Service)(Burger, Thomas) (Entered: 06/03/2014) | |||
| 2014-06-20 | 207 | 0 | REPLY/RESPONSE to re 205 Memorandum/Brief, 206 Declaration,,, filed by Gaymar Industries, Inc.. (Galvin, Jodyann) (Entered: 06/20/2014) | |||
| 2014-06-27 | 208 | 0 | REPLY/RESPONSE to re 207 Reply/Response CSZ's Reply Supplemental Memorandum Addressing the Supreme Court's Octane Decision filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 06/27/2014) | |||
| 2014-07-03 | 209 | 0 | REPORT AND RECOMMENDATION re 186 MOTION for Reconsideration re 184 Judgment, 183 Order Adopting Report and Recommendations, Order on Motion for Attorney Fees filed by Cincinnati Sub-Zero Products, Inc. Objections to R&R due by 7/21/2014. Signed by Hon. Jeremiah J. McCarthy on 7/3/14. (DAZ) (Entered: 07/03/2014) | |||
| 2014-07-14 | 210 | 0 | Consent MOTION for Extension of Time to File Objections to the Magistrate Judge's July 3, 2014 Report and Recommendation by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Thomas J. Burger, # 2 Certificate of Service)(Burger, Thomas) (Entered: 07/14/2014) | |||
| 2014-07-16 | 211 | 0 | TEXT ORDER. IT HEREBY IS ORDERED THAT, the 210 Consent Motion to Alter/Extend Briefing Schedule for Objections to the 209 Magistrate Judge's July 3, 2014 Report and Recommendation is GRANTED. Objections are now due by 8/6/2014. Response to Objections are now due by 9/12/2014. Reply to objections are now due by 9/24/2014. SO ORDERED. Issued by William M. Skretny, Chief Judge U.S.D.C. on 7/16/2014. (CMD) (Entered: 07/16/2014) | |||
| 2014-07-16 | 212 | 0 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 12, 2012, before Judge Jeremiah J. McCarthy. Court Reporter/Transcriber Karen J. Bush, Telephone number 585/613-4312. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 8/6/2014. Redacted Transcript Deadline set for 8/18/2014. Release of Transcript Restriction set for 10/14/2014. (DLC) (Entered: 07/16/2014) | |||
| 2014-08-06 | 213 | 0 | OBJECTIONS TO THE MAGISTRATE JUDGE REPORT AND RECOMMENDATION. (Burger, Thomas) Modified on 8/7/2014 (DLC). (Entered: 08/06/2014) | |||
| 2014-09-12 | 214 | 0 | REPLY/RESPONSE to re 213 Appeal of Magistrate Judge Decision to District Court Gaymar's Memorandum of Law in Response to CSZ's Objections to the Report and Recommendation Dated July 3, 2014 filed by Gaymar Industries, Inc.. (Attachments: # 1 Exhibit A)(Galvin, Jodyann) (Entered: 09/12/2014) | |||
| 2014-09-24 | 215 | 0 | REPLY/RESPONSE to re 213 Appeal of Magistrate Judge Decision to District Court CSZ's Reply in Further Support of Its Objections to the Report and Recommendation Dated July 3, 2014 filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Certificate of Service)(Burger, Thomas) (Entered: 09/24/2014) | |||
| 2014-09-24 | 216 | 0 | DECLARATION signed by Thomas J. Burger re 215 Reply/Response, filed by Cincinnati Sub-Zero Products, Inc. Declaration of Thomas J. Burger in Support of CSZ's Reply Brief 215 . (Attachments: # 1 Exhibit A _ Tawnsaura Group v. Maximum Human Performance (CD Cal), # 2 Exhibit B _ Aevoe Corp. v. AE Tech. (D. Nev.), # 3 Certificate of Service)(Burger, Thomas) (Entered: 09/24/2014) | |||
| 2014-09-30 | 217 | 0 | TEXT ORDER Presently before this Court are Objections to the Magistrate Judge's 209 Report and Recommendation. Having reviewed the 209 Report and Recommendation de novo, after considering the Objections and the parties' submissions, along with reviewing the 171 Report and Recommendation and the submissions related thereto, see 28 U.S.C. § 636(b)(1), this Court concurs with the findings and recommendations contained in the 209 Report and Recommendation. Accordingly, the 213 Objections are DENIED, and the 209 Report and Recommendation is ACCEPTED in its entirety, including the authorities cited and the reasons given therein. IT HEREBY IS ORDERED, that the 209 Report and Recommendation is ACCEPTED. Further, that the 213 Objections are DENIED. FURTHER, that Defendant's 186 Motion for Reconsideration DENIED. SO ORDERED. Issued by William M. Skretny, Chief Judge on 9/29/2014. (MEAL) (Entered: 09/30/2014) | |||
| 2014-10-14 | 218 | 0 | Remark - Copy of order issued by Federal Circuit directing that the appeal is reactivated and setting deadlines for the party. (DLC) (Entered: 10/21/2014) | |||
| 2014-10-21 | 219 | 0 | AMENDED DOCUMENT by Cincinnati Sub-Zero Products, Inc.. Amendment to 189 Notice of Appeal, . (Attachments: # 1 Attachment A - Federal Circuit Appeal Information Sheet, # 2 Attachment B - Orders Appealed, # 3 Certificate of Service)(Burger, Thomas) (Entered: 10/21/2014) | |||
| 2015-08-06 | 220 | 0 | MANDATE of USCA FOR THE FEDERAL CIRCUIT as to 189 Notice of Appeal, filed by Cincinnati Sub-Zero Products, Inc. (DLC) (Entered: 08/07/2015) | |||
| 2015-08-07 | 221 | 0 | TEXT ORDER : A status conference will be held on August 17, 2015 at 10:00 a.m. Counsel may participate by telephone upon advance notice to chambers. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/7/15. (DAZ) (Entered: 08/07/2015) | |||
| 2015-08-10 | 222 | 0 | MOTION to appear pro hac vice ( Filing fee $ 150 receipt number 0209-2336091.) by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Certificate of Service)(Graber, Timothy) (Entered: 08/10/2015) | |||
| 2015-08-12 | 223 | 0 | -CLERK TO FOLLOW UP-TEXT ORDER: The motion of Paul J. Linden, Esq. for pro hac vice admission 222 is granted. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/12/15.(DAZ) (Entered: 08/12/2015) | |||
| 2015-08-17 | 224 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 8/17/2015 re MANDATE of USCA FOR THE FEDERAL CIRCUIT as to 189 Notice of Appeal. Case now before this Court, briefing schedule set. Court sets another conference for November 12, 2015 at 2:00 P.M. Text order to follow. APPEARANCES: Robert J. Lane, Jr. for Plaintiff; Timothy J. Graber (via telephone), Thomas J. Burger (via telephone) and Paul J. Linden (via telephone) for Defendant. (FTR GOLD) (DAZ) (Entered: 08/17/2015) | |||
| 2015-08-17 | 225 | 0 | TEXT ORDER : As agreed to by the parties at today's proceeding, defendant's supplemental submission in support of its motion for attorneys fees 158 shall be filed by September 25, 2015; plaintiff's response shall be filed by October 26, 2015; defendant's reply, if any, shall be filed by November 5, 2015; and a status conference concerning these submissions is scheduled for November 12, 2015 at 2:00 p.m. Counsel may participate by telephone upon advance notice to chambers. The court will initiate the call. SO ORDERED. Issued by Hon. Jeremiah J. McCarthy on 8/17/15. (DAZ) (Entered: 08/17/2015) | |||
| 2015-09-25 | 226 | 0 | MOTION Renewed Motion for Attorney Fees After Remand From Federal Circuit by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Burger, Thomas) (Entered: 09/25/2015) | |||
| 2015-10-26 | 227 | 0 | MEMORANDUM in Opposition re 226 MOTION Renewed Motion for Attorney Fees After Remand From Federal Circuit filed by Gaymar Industries, Inc.. (Galvin, Jodyann) (Entered: 10/26/2015) | |||
| 2015-11-05 | 228 | 0 | REPLY to Response to Motion re 226 MOTION Renewed Motion for Attorney Fees After Remand From Federal Circuit filed by Cincinnati Sub-Zero Products, Inc.. (Attachments: # 1 Declaration of Paul J. Linden, # 2 Exhibit A-Declaration of Paul J. Linden, # 3 Exhibit B-Declaration of Paul J. Linden, # 4 Certificate of Service)(Burger, Thomas) (Entered: 11/05/2015) | |||
| 2015-11-12 | 229 | 0 | Minute Entry for proceedings held before Hon. Jeremiah J. McCarthy: Status Conference held on 11/12/2015 re supplemental submissions in support of motion for attorneys fees. APPEARANCES: Jodyann Galvin for Plaintiff; Timothy J. Graber, Thomas J. Burger (via telephone), Paul J. Linden (via telephone) for Defendant. (FTR GOLD) (DAZ) (Entered: 11/12/2015) |