| Court: | ohnd |
| Docket #: | 3:15-cv-01045 |
| Case Name: | Unverferth Manufacturing Company, Inc. v. J&M Manufacturing Company, Inc. |
| PACER case #: | 217987 |
| Date filed: | 2015-05-26 |
| Date terminated: | 2015-11-03 |
| Assigned to: | Judge Jack Zouhary |
| Case Cause: | 35:271 Patent Infringement |
| Nature of Suit: | 830 Patent |
| Jury Demand: | Both |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Unverferth Manufacturing Company, Inc. Plaintiff |
James P. Silk , Jr. Derek F. Dahlgren Jenny L. Colgate Joseph A. Hynds |
| J&M Manufacturing Company, Inc. Defendant |
Joseph W. Tucker Lisa M.A. Nolan P. Andrew Blatt Paul J. Linden J. Robert Chambers Richard S. MacMillan |
| J&M Manufacturing Company, Inc. Counter-Claimant |
Joseph W. Tucker Lisa M.A. Nolan P. Andrew Blatt Paul J. Linden J. Robert Chambers Richard S. MacMillan |
| Unverferth Manufacturing Company, Inc. Counter-Defendant |
James P. Silk , Jr. Derek F. Dahlgren Jenny L. Colgate Joseph A. Hynds |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2015-05-26 | 1 | 0 | Complaint with jury demand against J&M Manufacturing Company, Inc. Filing fee paid $ 400, Receipt number 0647-7106399. Filed by Unverferth Manufacturing Company, Inc. (Attachments: # 1 Exhibit A - US Patent No. US 9,039,340 B2, # 2 Civil Cover Sheet, # 3 Summons in a Civil Case, # 4 Exhibit Report on the Filing or Determination of an Action Regarding a Patent or Trademark) (Silk, James) (Entered: 05/26/2015) | |||
| 2015-05-26 | 2 | 0 | Supplement Civil Cover Sheet to 1 Complaint, filed by All Plaintiffs. Related document(s) 1 . (Silk, James) (Entered: 05/26/2015) | |||
| 2015-05-26 | 3 | 0 | Original Summons and Magistrate Consent Form issued to counsel for service upon J&M Manufacturing Company, Inc. (Attachments: # 1 Magistrate Consent Form) (L,A) (Entered: 05/26/2015) | |||
| 2015-05-27 | 4 | 0 | Corporate Disclosure Statement filed by Unverferth Manufacturing Company, Inc.. (Silk, James) (Entered: 05/27/2015) | |||
| 2015-05-28 | 5 | 0 | Return of Service by personal service executed upon J&M Manufacturing Company, Inc. on 5/26/2015, filed on behalf of Unverferth Manufacturing Company, Inc. Related document(s) 1 . (Silk, James) (Entered: 05/28/2015) | |||
| 2015-06-01 | 6 | 0 | Motion for Pro Hac Vice Admission of Joseph A. Hynds Filing fee $ 120, receipt number 0647-7115875, filed by Plaintiff Unverferth Manufacturing Company, Inc.. (Attachments: # 1 Affidavit of Joseph A. Hynds, # 2 Exhibit Certificate of Good Standing for Joseph A. Hynds)(Silk, James) (Entered: 06/01/2015) | |||
| 2015-06-01 | 7 | 0 | Motion for Pro Hac Admission of Jenny L. Colgate Filing fee $ 120, receipt number 0647-7115913, filed by Plaintiff Unverferth Manufacturing Company, Inc.. (Attachments: # 1 Affidavit of Jenny L. Colgate, # 2 Exhibit Certificate of Good Standing for Jenny L. Colgate)(Silk, James) (Entered: 06/01/2015) | |||
| 2015-06-01 | 8 | 0 | Motion for Pro Hac Vice Admission of Derek F. Dahlgren Filing fee $ 120, receipt number 0647-7115936, filed by Plaintiff Unverferth Manufacturing Company, Inc.. (Attachments: # 1 Affidavit of Derek F. Dahlgren, # 2 Exhibit Certificate of Good Standing for Derek F. Dahlgren)(Silk, James) (Entered: 06/01/2015) | |||
| 2015-06-03 | 9 | 0 | Marginal Entry Order granting 6 Motion for appearance pro hac vice by attorney Joseph A. Hynds for Unverferth Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 6/3/2015. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 06/03/2015) | |||
| 2015-06-03 | 10 | 0 | Marginal Entry Order granting 7 Motion for appearance pro hac vice by attorney Jenny L. Colgate for Unverferth Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 6/3/2015. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 06/03/2015) | |||
| 2015-06-03 | 11 | 0 | Marginal Entry Order granting 8 Motion for appearance pro hac vice by attorney Derek F. Dahlgren for Unverferth Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 6/3/2015. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 06/03/2015) | |||
| 2015-06-05 | 12 | 0 | ORDER. Phone Status held on 6/4/15. Defendant's Answer to the Complaint due by 6/30/15. Settlement/Case Management Conference set for 7/24/15 at 9:30 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte letters due 3 days before the conference. Counsel should refer to Local Patent Rules but need not file a Report of the Parties in advance of the conference. If the matter does not settle, counsel should be prepared to set a case schedule, including a firm trial date. (30 min) Judge Jack Zouhary on 6/5/15. (S,Na) (Entered: 06/05/2015) | |||
| 2015-06-12 | 13 | 0 | Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Unverferth Manufacturing Company, Inc.. (Silk, James) (Entered: 06/12/2015) | |||
| 2015-06-25 | 14 | 0 | Attorney Appearance by Joseph W. Tucker and Richard S. MacMillan filed by on behalf of J&M Manufacturing Company, Inc.. (Tucker, Joseph) (Entered: 06/25/2015) | |||
| 2015-06-30 | 15 | 0 | Answer to 1 Complaint, with Jury Demand , Counterclaim against Unverferth Manufacturing Company, Inc. filed by J&M Manufacturing Company, Inc.. (Tucker, Joseph) (Entered: 06/30/2015) | |||
| 2015-07-01 | 16 | 0 | Corporate Disclosure Statement filed by J&M Manufacturing Company, Inc. (Tucker, Joseph) (Entered: 07/01/2015) | |||
| 2015-07-02 | 17 | 0 | Plaintiffs' Notice of Name Change of Law Firm filed by Unverferth Manufacturing Company, Inc.. (Silk, James) (Entered: 07/02/2015) | |||
| 2015-07-02 | 18 | 0 | Motion for attorney Lisa M. A. Nolan to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7165769, filed by Counter-Claimant/Defendant J&M Manufacturing Company, Inc. (Attachments: # 1 Affidavit of Lisa M. A. Nolan)(Tucker, Joseph) Modified to remove duplicate text on 7/6/2015 (M,L). (Entered: 07/02/2015) | |||
| 2015-07-09 | 19 | 0 | Marginal Entry Order granting 18 Motion for appearance pro hac vice by attorney Lisa A.M. Nolan for J&M Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 7/9/2015. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 07/09/2015) | |||
| 2015-07-17 | 20 | 0 | Proposed Order Stipulated Protective Order filed by Unverferth Manufacturing Company, Inc. (Silk, James) Modified on 7/20/2015 to indicate document unsigned. Filer notified.(M,L). (Entered: 07/17/2015) | |||
| 2015-07-22 | 21 | 0 | Proposed Order Amended Stipulated Protective Order filed by All Plaintiffs. Related document(s) 20 . (Silk, James) (Entered: 07/22/2015) | |||
| 2015-07-22 | 22 | 0 | Amended Stipulated Protective Order approving 21 Proposed Amended Amended Stipulated Protective Order. Judge Jack Zouhary on 7/22/2015. (D,L) (Entered: 07/23/2015) | |||
| 2015-07-24 | 23 | 0 | Answer to Counterclaims filed by Unverferth Manufacturing Company, Inc.. Related document(s) 15 . (Dahlgren, Derek) (Entered: 07/24/2015) | |||
| 2015-07-29 | 24 | 0 | ORDER. In-person conference held on 7/24/15. Settlement possibilities were reviewed. A case schedule was agreed upon and adopted in a companion Scheduling Order. Counsel shall promptly advise Court of PTO ruling on 343 Patent dispute. Following that ruling, Court shall hold status phone conference with counsel. (2 hrs) Judge Jack Zouhary on 7/29/15. (S,Na) (Entered: 07/29/2015) | |||
| 2015-07-29 | 25 | 0 | SCHEDULING ORDER. Court adopts case schedule as outlined in attached Order. Claim Construction Hearing set for 4/11/16 at 9:30 AM in Courtroom 209 before Judge Jack Zouhary. Court will set trial date and additional deadlines after claim construction filing. No motion to compel, motion for protective order or motion for sanctions shall be filed unless parties have undertaken in good faith to resolve discovery disputes and, if unable to do so, have next contacted Court with a request for judicial resolution. Without leave of Court, no discovery material shall be filed, except as necessary to support Claim Construction briefs. See attached Order for briefing requirements. Failure to follow will result in Clerk striking the briefing. Judge Jack Zouhary on 7/29/15. (S,Na) (Entered: 07/29/2015) | |||
| 2015-08-11 | 26 | 0 | Motion for attorney P. Andrew Blatt to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7219025, filed by Counter-Claimant J&M Manufacturing Company, Inc., Defendant J&M Manufacturing Company, Inc.. (Attachments: # 1 Affidavit of P. Andrew Blatt)(Tucker, Joseph) (Entered: 08/11/2015) | |||
| 2015-08-12 | 27 | 0 | Marginal Entry Order granting 26 Motion for appearance pro hac vice by attorney P. Andrew Blatt for J&M Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 8/12/2015. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 08/12/2015) | |||
| 2015-08-13 | 28 | 0 | Motion for attorney Paul J. Linden to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7222999, filed by Counter-Claimant J&M Manufacturing Company, Inc., Defendant J&M Manufacturing Company, Inc.. (Attachments: # 1 Affidavit of Paul Linden)(Tucker, Joseph) (Entered: 08/13/2015) | |||
| 2015-08-13 | 29 | 0 | Marginal Entry Order granting 28 Motion for appearance pro hac vice by attorney Paul J. Linden for J&M Manufacturing Company, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 8/13/20115. (Attachments: # 1 ACTL Code of Conduct)(D,L) (Entered: 08/13/2015) | |||
| 2015-09-03 | 30 | 0 | Motion for leave to File an Amended Answer filed by Defendant J&M Manufacturing Company, Inc.. (Attachments: # 1 Proposed Order, # 2 Brief in Support, # 3 Exhibit 1 - Amended Answer, # 4 Exhibit 2 - Non-Infringement Contentions)(Blatt, P.) (Entered: 09/03/2015) | |||
| 2015-09-08 | 31 | 0 | ORDER. Phone Status held on 9/8/15. Defendant's Motion for Leave to File Amended Answer granted 30 ; Amended Answer deemed filed as of date of this Order. If at conclusion of discovery Plaintiff believes Defendant's amendment was frivolous or filed in bad faith, Plaintiff may move for sanctions consistent with Federal Civil Rule 11. By 9/30/15, counsel shall file joint status report indicating whether, in light of the PTO ruling, the parties wish to resume settlement discussions or revise the initial case schedule 25 . (30 min) Judge Jack Zouhary on 9/8/15. (S,Na) (Entered: 09/08/2015) | |||
| 2015-09-08 | 32 | 0 | Amended Answer with Counterclaims to 1 Complaint with Jury Demand filed by J&M Manufacturing Company, Inc. (D,L) Modified text on 9/24/2015 (M,L). (Entered: 09/10/2015) | |||
| 2015-09-22 | 33 | 0 | Answer to 32 Amended Counterclaims filed by Unverferth Manufacturing Company, Inc. Related document(s) 32 . (Hynds, Joseph) Modified text on 9/24/2015 (M,L). (Entered: 09/22/2015) | |||
| 2015-10-06 | 34 | 0 | ORDER. With agreement of all counsel, Settlement Conference set for 11/2/15 at 10:00 AM in Chambers 203 before Judge Jack Zouhary. Lead counsel and party attendance required. Ex parte letters due by close of business on 10/29/15. Judge Jack Zouhary on 10/6/15. (S,Na) (Entered: 10/06/2015) | |||
| 2015-10-16 | 35 | 0 | Motion to amend complaint filed by Plaintiff Unverferth Manufacturing Company, Inc., Counter-Defendant Unverferth Manufacturing Company, Inc. (Attachments: # 1 Unverferth's Memorandum In Support, # 2 Exhibit 1 - Proposed First Amended Complaint for Patent Infringement, # 3 Declaration of Derek Dahlgren, # 4 Exhibit A - Unverferth's Infringement Contentions & Claim Chart, # 5 Exhibit B - October 15, 2015 E-mail from Drew Blatt, # 6 Exhibit C - September 2, 2015 E-mail from Lisa Nolan, # 7 Proposed Order)(Hynds, Joseph) Modified on 10/19/2015 (M,L). (Entered: 10/16/2015) | |||
| 2015-10-23 | 36 | 0 | ORDER. Phone Status held on 10/23/15. Defendant's Opposition to Plaintiff's Motion to Amend 35 due 11/13/15. No written reply unless requested by Court. Settlement Conference confirmed for 11/2/15. Counsel may submit updated ex parte letters by 10/29/15. (15 min) Judge Jack Zouhary on 10/23/15. (S,Na) (Entered: 10/23/2015) | |||
| 2015-11-03 | 37 | 0 | Dismissal Order. Settlement Conference held on 11/2/2015 resulted in a settlement which was read and approved on the record (Court Reporter: Angela Nixon). Settled and dismissed without prejudice. Each party is to bear its own costs. Any subsequent Dismissal with prejudice filed within 30 days shall supersede this Order. Judge Jack Zouhary on 11/3/2015. (5 hrs)(D,L) (Entered: 11/03/2015) | |||
| 2015-11-03 | 38 | 0 | Non-Appeal Transcript Order Form for proceedings held on 11/02/2015 before Judge Jack Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/09/2015 filed by All Plaintiffs. (Silk, James) (Entered: 11/03/2015) | |||
| 2015-11-03 | 39 | 0 | Expedited Non-Appeal Transcript Order Form for proceedings held on 11/02/2015 before Judge Zouhary, Court Reporter: Angela Nixon. Requested completion date: 11/09/2015 filed by All Defendants. (Tucker, Joseph) (Entered: 11/03/2015) | |||
| 2015-11-10 | 40 | 0 | SEALED Transcript of Settlement Conference held on November 2, 2015 before Judge Jack Zouhary. Court Reporter: Angela Nixon. [18 pages] (N,A) (Entered: 11/10/2015) | |||
| 2015-11-19 | 41 | 0 | Report on the Determination [Closing] of an Action Regarding a Patent or Trademark (AO120). (K,Ca) (Entered: 11/19/2015) | |||
| 2015-12-30 | 42 | 0 | ORDER. Phone Status held on 12/29/15. Upon request of counsel, conference set for 1/20/16 at 10:00 AM in Chambers 203 before Judge Jack Zouhary to discuss the terms of the settlement reached on 11/2/15. Counsel and "decision maker" shall attend in person; other client representatives may attend in person or by phone. (15 min) Judge Jack Zouhary on 12/30/15. (S,Na) (Entered: 12/30/2015) | |||
| 2016-01-20 | 43 | 0 | ORDER. In-person conference held on 1/20/16. Court discussed language in Settlement and Dismissal Agreement. Differences could not be resolved and briefing schedule set: Motion to Enforce Settlement to be filed by 2/10/16; Response to Motion to be filed by 2/24/16. Court encouraged counsel to continue their discussions to try to resolve some of their current differences. (2 hrs) Judge Jack Zouhary on 1/20/16. (S,Na) (Entered: 01/20/2016) | |||
| 2016-01-28 | 44 | 0 | Joint Motion for leave to file Motions under seal filed by Counter-Claimant J&M Manufacturing Company, Inc., Defendant J&M Manufacturing Company, Inc.. (Tucker, Joseph) (Entered: 01/28/2016) | |||
| 2016-01-28 | 45 | 0 | Marginal Entry Order granting 44 Joint Motion for leave to file Motions under seal. Judge Jack Zouhary on 1/28/2016.(D,L) (Entered: 01/28/2016) | |||
| 2016-02-10 | 46 | 0 | SEALED Motion to Enforce Settlement Agreement 45 filed by Defendant/Counter-Claimant J&M Manufacturing Company, Inc. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: , # 3 Exhibit B:, # 4 Exhibit C: , # 5 Exhibit D: , # 6 Exhibit E:, # 7 Exhibit F: , # 8 Exhibit G: , # 9 Exhibit H: ) (Tucker, Joseph) (Entered: 02/10/2016) | |||
| 2016-02-10 | 47 | 0 | SEALED Motion to Enforce Settlement Agreement 45 filed by Plaintiff Unverferth Manufacturing Company, Inc., Counter-Defendant Unverferth Manufacturing Company, Inc.. Related document(s) 45 . (Attachments: # 1 Affidavit of Jenny Colgate, # 2 Exhibit 1 - Settlement Conference Transcript, # 3 Exhibit 2 - Draft Agreement, # 4 Exhibit 3 - Letter to Court from Plaintiff, # 5 Exhibit 4 - Letter to Court from Defendant, # 6 Exhibit 5 - K&M Advertisement, # 7 Exhibit 6 - J&M Brochure, # 8 Exhibit 7 - Feb 2 2019 Email From D Blatt to J Colgate, # 9 Exhibit Feb 2 2019 Email From J Colgate to D Blatt)(Hynds, Joseph) (Entered: 02/10/2016) | |||
| 2016-02-24 | 48 | 0 | SEALED Document: Opposition to 47 Plaintiff's Motion to Enforce Settlement Agreement filed by J&M Manufacturing Company, Inc. Related document(s) 45 , 47 . (Attachments: # 1 Exhibit I)(Tucker, Joseph) Modified text on 2/25/2016 (M,L). (Entered: 02/24/2016) | |||
| 2016-02-24 | 49 | 0 | SEALED Document: Opposition to , 46 Defendant/Counter-Claimant's Motion to Enforce Settlement Agreement filed by Unverferth Manufacturing Company, Inc. Related document(s) 45 , 46 . (Hynds, Joseph) Modified text on 2/25/2016 (M,L). (Entered: 02/24/2016) |