Case number 1:20-cv-00160
Road Widener, LLC v. Robert H. Finke & Sons, Inc. > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Dec 21, 2022 | 94 | ORDER TO EXTEND TIME TO FILE APPLICATION TO REOPEN CASE: Pursuant to the Order of the Hon. David N. Hurd, USDJ, Parties may apply to reopen the case until January 27, 2023. Signed by Judge David N. Hurd on 12/21/2022. (ptm) (Entered: 12/21/2022) (2) |
| Dec 20, 2022 | 93 | NOTICE of Settlement and Second Joint Request for Suspension of Litigation by Road Widener, LLC (Mark, Monica) (Entered: 12/20/2022) (2) |
| Nov 21, 2022 | 92 | ORDER OF DISMISSAL BY REASON OF SETTLEMENT. Signed by Judge David N. Hurd on 11/21/2022. (ptm) (Entered: 11/21/2022) (2) |
| Nov 18, 2022 | 91 | NOTICE of Settlement and Joint Request for Suspension of Litigation by Road Widener, LLC (Mark, Monica) (Entered: 11/18/2022) (2) |
| Nov 7, 2022 | N/A | Order on Motion to Withdraw as Attorney (0) Docket Text: TEXT ORDER: Court has reviewed the motion filed at Dkt. [89], which is a request by attorney Lauren Sabol to withdraw as counsel for defendant/counter claimant and to which no response is required. Motion granted, Attorney Sabol is no longer representing defendant Robert H. Finke & Sons Inc. Defendant continues to be represented by the firm of Leason Ellis LLP and the attorneys of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/7/2022. (sg ) |
| Nov 7, 2022 | 90 | TEXT ORDER: Court has reviewed the motion filed at Dkt. 89 , which is a request by attorney Lauren Sabol to withdraw as counsel for defendant/counter claimant and to which no response is required. Motion granted, Attorney Sabol is no longer representing defendant Robert H. Finke & Sons Inc. Defendant continues to be represented by the firm of Leason Ellis LLP and the attorneys of record. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 11/7/2022. (sg ) (Entered: 11/07/2022) (0) |
| Nov 2, 2022 | 89 | Motion to Withdraw as Attorney (1) Docket Text: MOTION to Withdraw as Attorney filed by Robert H. Finke & Sons, Inc.. Response to Motion due by 11/23/2022 Motions referred to Therese Wiley Dancks. (Sabol, Lauren) |
| Jun 21, 2022 | N/A | Pre-Motion Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Pre-Motion Conference held on 6/21/2022. Appearances: Monica Mark, Esq. and Paul Stockhausen, Esq. for Plaintiff; Lori Cooper, Esq. and Robert Isackson, Esq. for Defendant. After hearing from counsel re: issues addressed at Dkt. Nos. 85 and 87, Court makes ruling. A separate text order will follow. (sg) |
| Jun 21, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: TEXT ORDER: The Court made the following rulings during the 6/21/2022 Pre-Motion Conference, addressing the issues raised at Dkt. Nos. [85] and response filed at Dkt. No. [87]: Plaintiff to produce by 7/1/2022 documents concerning products that fall within the claims of the '687 patent. With regard to the other three categories of documents identified at Dkt. No. 85, p. 2, Plaintiff should affirmatively state with the response that it does not have any documents responsive to those categories, if appropriate. If Plaintiff is claiming any documents are privileged, then a privilege log is to be provided with the response. Upon reviewing the remaining deadlines, Court resets the deadline for expert discovery motions to 11/23/2022. Parties are directed to meet and confer on any further issues that may arise, and notify the Court should they require assistance to resolve any disputes. Parties should also resume settlement negotiations in good faith. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/21/2022. (sg) |
| Jun 17, 2022 | 87 | Response to Motion (3) Docket Text: RESPONSE to Motion re [85] Letter Motion from Robert M. Isackson for Robert H. Finke & Sons, Inc., Robert H. Finke & Sons, Inc. requesting a discovery conference pursuant to Local Rule 37.1(c) submitted to Judge Therese Wiley Dancks filed by Road Widener, LLC. (Mark, Monica) |
| Jun 13, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [85] Letter Request for a pre-motion conference. Pre-Motion Telephone Conference set for 6/21/2022 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff shall file a response, no longer than 3pp., single spaced, 12pt font, to the discovery issues addressed Dkt. No. 85 by 4pm on 6/17/2022. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4864. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/13/2022. (sg) |
| Jun 10, 2022 | 85 | Letter Request/Motion (3) Docket Text: Letter Motion from Robert M. Isackson for Robert H. Finke & Sons, Inc., Robert H. Finke & Sons, Inc. requesting a discovery conference pursuant to Local Rule 37.1(c) submitted to Judge Therese Wiley Dancks . (Isackson, Robert) |
| Apr 29, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER: Court reviewed letter motion/status report (Dkt. No. [83]) and grants the request for the reasons stated as follows: initial expert disclosures due 8/25/2022; responsive expert disclosures due 10/21/2022; all discovery including expert depositions, if any, due 11/18/2022; expert discovery motions due 11/25/2022; dispositive motions due 12/21/2022. The parties should continue to confer in good faith in an attempt to settle the matter and complete remaining discovery if the matter is not settled. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 04/29/2022. (jcl) |
| Apr 27, 2022 | 83 | Letter Request/Motion (3) Docket Text: Letter Motion from Robert Isackson for Robert H. Finke & Sons, Inc., Robert H. Finke & Sons, Inc. requesting extension of discovery deadlines submitted to Judge Dancks . (Isackson, Robert) |
| Apr 21, 2022 | N/A | Order (0) Docket Text: TEXT ORDER: Court reviewed status report and sets the following remaining deadlines: advice of counsel disclosures due 5/27/2022; initial expert disclosures due 8/4/2022; responsive expert disclosures due 9/30/2022; all discovery including expert depositions, if any, due 10/28/2022; expert discovery motions due 11/4/2022; dispositive motions due 11/30/2022. The parties should continue to confer in good faith in an attempt to settle the matter. No extensions of these remaining deadlines will be granted for any reason. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/21/2022. (sg) |
| Apr 19, 2022 | 81 | Status Report (2) Docket Text: STATUS REPORT Joint by Road Widener, LLC. (Stockhausen, Paul) |
| Apr 12, 2022 | N/A | Settlement Conference (0) Docket Text: Text Minute Entry for Settlement Conference held on 4/12/2022 before Magistrate Judge David E. Peebles: Judge Peebles conducted a settlement conference between the parties, but the parties were unable to come to a mutual agreement at this time. Judge Peebles indicated to the parties that the court is available to help facilitate any future settlement discussions should the parties wish for assistance. APP: Paul Stockhausen, Esq., and Lynn Marsh on behalf of plaintiff Road Widener; Robert Isackson, Esq., Lori Cooper, Esq., and Don Fiacco on behalf of defendant Robert H. Finke & Sons; and Clay Semchyshyn on behalf of non-party Stabilcorp. (mmf) |
| Apr 12, 2022 | N/A | Status Report Order (0) Docket Text: TEXT ORDER: Court reviewed docket and notes that the parties have not settled the matter after meeting for a settlement conference with Judge Peebles. The parties are to meet and confer in good faith regarding remaining deadlines (e.g., expert disclosure, etc.) that have been held in abeyance while the parties explored settlement. Plaintiff to file a status report by 4/19/2022 setting forth the agreed proposed dates for remaining discovery. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/12/2022. (sg) |
| Feb 15, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Hearing: Settlement Conference set for 4/12/2022 at 10:00 AM before Magistrate Judge David E. Peebles. At that conference the parties are directed to appear in person, through counsel and, unless specifically excused by the court prior to the time of the conference, by a representative of the party with full authority to enter into binding agreements on behalf of that party in connection with this litigation. In preparation for the scheduled settlement conference, not later than 4/5/2022, the parties shall submit directly to Judge Peebles' chambers a short, concise statement setting forth the material facts of the case, together with an indication of which if any are disputed; providing a synopsis of the parties' respective legal positions concerning any issues presented in the case; and outlining any settlement discussions which have occurred. This can be done by facsimile at (315) 234-8621 or e-mail at Michelle_Fecio@nynd.uscourts.gov. That confidential statement, which shall not be filed with the court clerk and need not be served upon opposing counsel, should also include an assessment of the strengths and weaknesses of the party's position in the case together with a candid indication of the party's settlement position. (mmf) |
| Feb 1, 2022 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER: Court has reviewed status report/letter request (Dkt. No. [78]) regarding settlement conference and to hold further deadlines in abeyance while the parties explore settlement which is granted. The case is referred to Magistrate Judge Peebles for a settlement conference. Judge Peebles' chambers will contact counsel to coordinate the scheduling of the conference. All deadlines continue to be held in abeyance to provide the parties an opportunity to have a settlement conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 2/1/2022. (sg) |
| Jan 31, 2022 | 78 | Letter Request/Motion (2) Docket Text: STATUS REPORT/Letter Request Joint by Road Widener, LLC. (Stockhausen, Paul) Modified on 1/31/2022 (sg, ). |
| Jan 20, 2022 | N/A | Status Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 1/20/2022. Appearances: Paul Stockhausen, Esq. for Plaintiff; Robert Isaackson, Esq. for Defendant. Counsel report on what discovery remains. Court discusses mediation. Court makes directives and sets deadlines, a separate text order will follow. (sg) |
| Jan 20, 2022 | N/A | Status Report Order (0) Docket Text: TEXT ORDER: The Court made the following directives during the 1/20/2022 Telephone Conference: Plaintiff to file joint status report by 1/31/2022 re: whether parties request the case be referred into Mandatory Mediation or if they would like a settlement conference with the Court as discussed during the conference. All deadlines are held in abeyance and Court will make further directives once the status report is received. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/20/2022. (sg) |
| Jan 12, 2022 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 1/20/2022 at 3:00 PM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4864.(sg ) |
| Jan 12, 2022 | 76 | Order on Motion for TRO (4) Docket Text: ORDER on REPORT & RECOMMENDATION granting DKT # [58] Motion for TRO, denying DKT # [62] Motion for Judgment on the Pleadings; and adopting DKT # [68] Report and Recommendations. it is ORDERED that The Report & Recommendation (Dkt. No. 68) is accepted and adopted; Road Wideners emergency motion to strike (Dkt. No. 58) is GRANTED; Finke & Sons revised non-infringement contentions addressing whether the SM2100 has angled walls for receiving debris at an angle of deflection which minimizes the impact of debris on a conveyer belt; whether the SM2100 has a support frame supported by at least two support brackets; whether the SM2100 includes a power system system, or hydraulic system for powering the conveyer system; and whether the SM2100 includes at least one contact roller rotatably attached to the support frame are STRICKEN; and Finke and Sons motion for a judgment on the pleadings (Dkt. No. 62) is DENIED. IT IS SO ORDERED. Signed by Judge David N. Hurd on January 12,2022. (gmd, ) |
| Jan 6, 2022 | 75 | Memorandum of Law (19) Docket Text: MEMORANDUM OF LAW re [73] Objection to Report and Recommendations Response to Defendant Robert H. Finke & Sons, Inc.'s Objections filed by Road Widener, LLC. (Mark, Monica) |
| Dec 27, 2021 | 74 | Transcript (41) Docket Text: TRANSCRIPT of Proceedings: Video Motion held on 11/3/2021 before Judge David E. Peebles, Court Reporter: Hannah Cavanaugh, Telephone number: 315-234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022. Notice of Intent to Redact due by 1/3/2022 (hfc, ) |
| Dec 23, 2021 | 70 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Lauren B. Sabol on behalf of Robert H. Finke & Sons, Inc. (Sabol, Lauren) |
| Dec 23, 2021 | 71 | Objection to Report and Recommendations (3) Docket Text: OBJECTION to [68] Report and Recommendations Response by Road Widener, LLC. Response to Objections to R&R due by 1/6/2022 (Mark, Monica) |
| Dec 23, 2021 | 72 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Road Widener, LLC for proceedings held on 11/03/2021 before Judge David E. Peebles.. (Mark, Monica) |
| Dec 23, 2021 | 73 | Objection to Report and Recommendations (18) Docket Text: OBJECTION to [68] Report and Recommendations by Robert H. Finke & Sons, Inc.. Response to Objections to R&R due by 1/6/2022 (Reuber, Cameron) |
| Dec 22, 2021 | 69 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Robert H. Finke & Sons, Inc. for proceedings held on 11/3/2021 before Judge David E. Peebles.. (Reuber, Cameron) |
| Dec 9, 2021 | 68 | Report and Recommendations (34) Docket Text: REPORT AND RECOMMENDATION: It is RECOMMENDED that Road Widener's #[58] motion to strike be GRANTED as to Finke & Sons' challenged revised non-infringement contentions addressing (1) whether the SM2100 has angled walls for receiving debris at an angle of deflection which "minimizes" the impact of debris on a conveyer belt, (2) whether the SM2100 has a support frame "supported by at least two support brackets," (3) whether the SM2100 includes a "power system," "system," or "hydraulic system" for powering the conveyer system, and (4) whether the SM2100 includes at least one "contact roller rotatably attached" to the support frame; and that those portions of Finke & Sons' revised noninfringement contentions be STRICKEN; and it is further RECOMMENDED that Finke and Sons' #[62] Motion for Judgment on the pleadings be DENIED. Objections to R&R due by 12/23/2021. Signed by Magistrate Judge David E. Peebles on 12/9/21. (lmw) |
| Nov 3, 2021 | N/A | Motion Hearing (0) Docket Text: Text Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Oral Argument was held on 11/3/2021 regarding [62] MOTION for Judgment on the Pleadings, and [58] Emergency MOTION for Temporary Restraining Order. The parties presented arguments on these motions, and Judge Peebles reserved decision. A written decision will be forthcoming. APP: Paul J. Stockhausen, Esq., Cameron S. Reuber, Esq., and Robert M. Isackson, Esq. (Court Reporter Hannah Cavanaugh) (mmf) |
| Oct 29, 2021 | 67 | Reply to Response to Motion (15) Docket Text: REPLY to Response to Motion re [62] MOTION for Judgment on the Pleadings filed by Robert H. Finke & Sons, Inc.. Motion returnable before Judge David N. Hurd filed by Robert H. Finke & Sons, Inc.. (Reuber, Cameron) |
| Oct 13, 2021 | N/A | Notice of Hearing on Motion (0) Docket Text: TEXT NOTICE of Hearing on Motion: Oral Argument on [58] Emergency MOTION for Temporary Restraining Order, and [62] MOTION for Judgment on the Pleadings to be heard by Microsoft Teams on 11/3/2021 at 11:00 AM before Magistrate Judge David E. Peebles. Instructions for accessing the hearing will be sent to the parties by email at a later date. Counsel for the parties intending to appear at the hearing should provide their names, contact email addresses, and phone numbers to Michelle Fecio at michelle_fecio@nynd.uscourts.gov no later than 10/27/2021. (mmf) |
| Oct 13, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER denying [64] Letter Motion from Attorney Stockhausen for Road Widener, LLC requesting Leave to Submit a Memorandum in Reply to Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Strike. Plaintiff will have an opportunity to respond to issues raised in Defendant's memorandum at the oral argument hearing scheduled on the pending motions. Signed by Magistrate Judge David E. Peebles on 10/13/2021. (mmf) |
| Oct 12, 2021 | 65 | Order Referring Motion (3) Docket Text: ORDER REFERRING MOTION: # [62] MOTION for Judgment on the Pleadings and # [58] Emergency MOTION for Temporary Restraining Order: Upon review of the submissions, it is ORDERED that the pending motions (Dkt. Nos. 58, 62) are REFERRED to the Honorable David E. Peebles for the purpose of issuing a Report & Recommendation.. Signed by Judge David N. Hurd on October 12, 2021. (gmd, ) |
| Oct 5, 2021 | 64 | Letter Request/Motion (2) Docket Text: Letter Motion from Attorney Stockhausen for Road Widener, LLC requesting Leave to Submit a Memorandum in Reply to Defendant's Memorandum of Law in Opposition to Plaintiff's Motion to Strike submitted to Judge Hurd . (Stockhausen, Paul) |
| Oct 4, 2021 | 63 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Road Widener, LLC for proceedings held on 04/14/2021 before Judge David E. Peebles.. (Mark, Monica) |
| Sep 13, 2021 | 60 | Transcript (65) Docket Text: TRANSCRIPT of Proceedings: Markman Hearing held on 4/14/2021 before Judge David E. Peebles, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/4/2021. Redacted Transcript Deadline set for 10/14/2021. Release of Transcript Restriction set for 12/13/2021. Notice of Intent to Redact due by 9/20/2021 (jlh, ) |
| Sep 10, 2021 | N/A | Order Setting Hearing on Motion (0) Docket Text: TEXT ORDER: that Plaintiffs motion for a temporary restraining order is DENIED. However, defendant is directed to respond to plaintiffs [58] motion to strike in accordance with the local rules applicable to non-emergency motion practice. All remaining deadlines are adjourned at this time and will be reset by the Magistrate Judge after a decision is issued on the motion. Response to Motion due by 10/1/2021. So Ordered by Judge David N. Hurd on 9/10/2021. (see) |
| Aug 26, 2021 | 57 | Transcript Request (3) Docket Text: TRANSCRIPT REQUEST by Robert H. Finke & Sons, Inc. for proceedings held on April 14, 2021 before Judge Magistrate Judge David E. Peebles.. (Cooper, Lori) |
| Jul 19, 2021 | 55 | Letter Request/Motion (2) Docket Text: STATUS REPORT Joint/Letter Request by Road Widener, LLC. (Stockhausen, Paul) Modified on 7/19/2021 (sg, ). |
| Jul 19, 2021 | N/A | Order on Letter Request (0) Docket Text: TEXT ORDER granting [55] Letter Request to amend Attachment A of the Uniform Pretrial Scheduling Order (Dkt. No. [28]) as follows: Plaintiff's Revised Contentions due 8/6/2021; Defendant's Revised Contentions due 8/27/2021. Advice of Counsel Disclosures due 9/10/2021. Initial Expert Reports due 10/12/2021 (the date selected by the parties is a federal holiday). Response Expert Reports due 11/12/2021. Discovery Close 12/17/2021. Discovery Motions due 12/31/2021. Dispositive Motions to be filed by 2/7/2022. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/19/2021. (sg) |
| Jul 14, 2021 | N/A | Status Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 7/14/2021. Appearances: Paul Stockhausen, Esq. for Plaintiff; Cameron Reuber, Esq., Safet Metjahic, Esq., Lori Cooper, Esq., Robert Isackson, Esq. for Defendant. Counsel report status of discovery and that there are no issues. Parties request to have remaining deadlines on the Schedule A Patent Schedule set as "dates certain" for completion. Court directs parties to confer and file a status report by 7/19/2021 with the proposed dates. Court encourages parties to try to resolve the case and counsel should advise the Court if they want the case referred into Mediation or a settlement conference with the Court. (sg) |
| Jul 14, 2021 | 54 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Robert M. Isackson on behalf of Robert H. Finke & Sons, Inc. (Isackson, Robert) |
| Jul 7, 2021 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 7/14/2021 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 6523.(sg) |
| Jun 30, 2021 | 53 | Order on Report and Recommendations (4) Docket Text: ORDER adopting the # [48] Report and Recommendations. Signed by Judge David N. Hurd on 6/30/2021. (pjh, ) |
| Jun 10, 2021 | 51 | Memorandum of Law (15) Docket Text: MEMORANDUM OF LAW re [50] Objection to Report and Recommendations filed by Road Widener, LLC. (Mark, Monica) |
| Jun 10, 2021 | 52 | Memorandum of Law (3) Docket Text: MEMORANDUM OF LAW re [49] Objection to Report and Recommendations filed by Robert H. Finke & Sons, Inc.. (Reuber, Cameron) |
| May 27, 2021 | 49 | Objection to Report and Recommendations (4) Docket Text: OBJECTION to [48] Report and Recommendations by Road Widener, LLC. Response to Objections to R&R due by 6/10/2021 (Mark, Monica) |
| May 27, 2021 | 50 | Objection to Report and Recommendations (18) Docket Text: OBJECTION to [48] Report and Recommendations by Robert H. Finke & Sons, Inc.. Response to Objections to R&R due by 6/10/2021 (Reuber, Cameron) |
| May 13, 2021 | 48 | Report and Recommendations (38) Docket Text: REPORT AND RECOMMENDATIONS: Based on the parties oral and written presentations including by not limited to the # [36] Opening Claim Construction Brief and the # [38] Opening Claim Construction Brief, it is RECOMMENDED that the Court affix the meaning referenced within the attached chart to the patent claim terms. Objections to R&R due by 5/27/2021. Signed by Magistrate Judge David E. Peebles on 5/13/2021. (jmb) |
| Apr 14, 2021 | N/A | Markman Hearing (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Markman Hearing held on 4/14/2021. Oral argument is heard from counsel on each of the claim construction terms. Judge Peebles notes defendant's objections to slide 15 of plaintiff's power point presentation. Parties indicate that they have reached an agreement regarding the claim construction term "angle of deflection," which appears in claims 1 and 15. Magistrate Judge Peebles RESERVES DECISION and a Report-Recommendation to District Judge Hurd will be forthcoming. APP: Paul Stockhausen, Esq. and Monica Mark, Esq. for Plaintiff. Safet Metjahic, Esq. (changed firms back in January, but has not yet updated contact info. in PACER), Cameron Reuber, Esq., and Lori Cooper, Esq. for Defendant. Time: 10:00 AM - 11:45 AM. (Court Reporter Jodi Hibbard) (sal ) |
| Mar 3, 2021 | N/A | Telephone Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge David E. Peebles: Telephone Conference held on 3/3/2021. A telephone conference was held to reach out to the parties to inquire as to whether they would like to hold the Markman Hearing in-person instead of virtually. After discussion it was decided the parties would prefer to hold the Markman Hearing virtually. If the parties intend on submitting any materials in connection with the proceeding, those materials should be exchanged or submitted to the court by 4/7/21. APP. Paul J. Stockhausen, Esq. for plaintiff, and Lori Cooper, Esq. and Safet Metjahhic, Esq. (cam, ) |
| Feb 4, 2021 | N/A | Notice of Hearing (0) Docket Text: TEXT SCHEDULING NOTICE FOR VIRTUAL MARKMAN HEARING scheduled for 4/14/21 at 10:00 AM before Magistrate Judge David E. Peebles. The parties are directed to e-mail to Cindy Stevens at cindy_stevens@nynd.uscourts.gov no later than 4/1/21 the names, e-mail addresses and phone numbers of all the individuals that will be participating. Thereafter a calendared event to the participants e-mail addresses will be circulated by Judge Peebles. (cam, ) |
| Jan 28, 2021 | 47 | Order (2) Docket Text: ORDER OF REFERRAL: for the reasons set forth herein, it is ORDERED that this matter is REFERRED to the Honorable David E. Peebles for the sole purpose of conducting a Markman hearing and issuing a Report andRecommendation regarding the construction of disputed patent claim terms. Signed by Judge David N. Hurd on 1/28/2021. (sg) |
| Jan 27, 2021 | 44 | Notice (Other) (1) Docket Text: NOTICE by Road Widener, LLC Regarding Consent to Magistrate Judge Peebles for Claim Construction Hearing (Stockhausen, Paul) |
| Jan 27, 2021 | 45 | Notice (Other) (1) Docket Text: NOTICE by Robert H. Finke & Sons, Inc. Regarding Consent to Magistrate Judge Peebles for Claim Construction Hearing (Reuber, Cameron) |
| Jan 27, 2021 | 46 | Notice of Change of Address (1) Docket Text: NOTICE of Change of Address by Safet Metjahic Effective Date 1/18/2021 Old Address: Leason Ellis LLP, One Barker Avenue, 5th Floor, White Plains, NY 10601 New Address: Ice Miller LLP, 1500 Broadway, 29th Floor, New York, NY 10036 (Metjahic, Safet) |
| Jan 20, 2021 | N/A | Status Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Conference held on 1/20/2021 to discuss scheduling of Claim Construction Hearing. Appearances: Paul Stockhausen, Esq. for Plaintiff; Safet Metjahic, Esq. and Lori Cooper, Esq. for Defendant. Each party to report back to the Court by 1/27/2021 re: whether their respective clients will consent to the hearing being presided over by recalled Magistrate Judge Peebles. Court inquires about possible resolution of the case and encourages parties to explore possible settlement. (sg) |
| Jan 15, 2021 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE OF TELEPHONE CONFERENCE: A Telephone Conference to discuss scheduling of the Claim Construction Hearing is set for 1/20/2021 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 4465.(sg) |
| Jan 13, 2021 | 43 | Notice (Other) (2) Docket Text: NOTICE by Road Widener, LLC Joint Proposed Claim Construction Hearing Schedule (Mark, Monica) |
| Dec 11, 2020 | 40 | Responsive Claim Construction Brief (27) Docket Text: Responsive Claim Construction Brief by Road Widener, LLC. (Mark, Monica) |
| Dec 11, 2020 | 41 | Responsive Claim Construction Brief (29) Docket Text: Responsive Claim Construction Brief by Robert H. Finke & Sons, Inc.. (Metjahic, Safet) |
| Nov 6, 2020 | 36 | Opening Claim Construction Brief (27) Docket Text: Opening Claim Construction Brief by Robert H. Finke & Sons, Inc.. Responsive Claim Brief due by 12/11/2020 (Metjahic, Safet) |
| Nov 6, 2020 | 38 | Opening Claim Construction Brief (28) Docket Text: Opening Claim Construction Brief by Road Widener, LLC. Responsive Claim Brief due by 12/11/2020 (Mark, Monica) |
| Sep 24, 2020 | N/A | Notice (Other) (0) Docket Text: CLERK'S TEXT NOTICE: Opening Claim Construction Briefs due 11/6/2020 in accordance with Schedule A of the [28] Uniform Pretrial Scheduling Order issued by Magistrate Judge Dancks. (sg) |
| Sep 24, 2020 | N/A | Order (0) Docket Text: TEXT ORDER : Court has reviewed [34] Letter Motion filed by Road Widener, LLC. Opening Claim Construction Briefs due 11/6/2020 per the Court's previous order. Deadline will be re-set by the Court. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/24/2020. (sg) |
| Sep 23, 2020 | 34 | Letter Request/Motion (1) Docket Text: Letter Request/Notice by Road Widener, LLC re [32] Joint Claim Construction and Pre-Hearing Statement Joint Letter (Mark, Monica) Modified on 9/23/2020 (sg, ). |
| Sep 21, 2020 | 33 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Lori Leigh Cooper on behalf of Robert H. Finke & Sons, Inc. (Cooper, Lori) |
| Sep 18, 2020 | 32 | Joint Claim Construction and Pre-Hearing Statement (19) Docket Text: Joint Claim Construction and Pre-Hearing Statement by Road Widener, LLC. Open Claim Brief due by 11/2/2020. (Mark, Monica) |
| Sep 9, 2020 | N/A | Status Conference (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Status Conference held on 9/9/2020. Appearances: Paul Stockhausen, Esq. for Plaintiff; Cameron Reuber, Esq. and Safet Metjahic, Esq. for Defendant. Counsel report on status of discovery; no issues. Court revisits mediation and deferral continued. Deadlines remain as set. (sg) |
| Sep 3, 2020 | N/A | Notice (Other) (0) Docket Text: IMPORTANT TEXT NOTICE FROM THE COURT re: 9/9/2020 11:30am Telephone Status Conference: Counsel are directed to call the following number for this conference: 1-877-336-1829, access code 8029754, security code 7588. (sg ) |
| Aug 28, 2020 | 31 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Safet Metjahic on behalf of Robert H. Finke & Sons, Inc. (Metjahic, Safet) |
| Jul 1, 2020 | 30 | Order (11) Docket Text: Stipulated Confidentiality Agreement and Protective Order. Signed by Magistrate Judge Therese Wiley Dancks on 6/30/2020. (sg) |
| Jun 29, 2020 | 29 | Stipulation (11) Docket Text: STIPULATION for Confidentiality Agreement and Protective Order by Road Widener, LLC. (Mark, Monica) |
| May 26, 2020 | N/A | Notice of Hearing (0) Docket Text: TEXT NOTICE of Telephone Conference: A Telephone Status Conference has been set for 9/9/2020 at 11:30 AM before Magistrate Judge Therese Wiley Dancks. Plaintiff's counsel is directed to initiate the call and contact the Chambers conference line at (315) 234-8618 once all counsel are on the line for the call.(sg ) |
| May 26, 2020 | 28 | Uniform Pretrial Scheduling Order (24) Docket Text: UNIFORM PRETRIAL SCHEDULING ORDER with Attachment A- Patent Schedule: Joinder of Parties due by 6/22/2020. Amended Pleadings due by 6/22/2020. Mandatory Mediation deferred, no referral order will be issued at this time. Anticpated length of trial: 10 days. Trial Location: Utica, NY. Signed by Magistrate Judge Therese Wiley Dancks on 5/26/2020. (sg ) |
| May 21, 2020 | N/A | Pretrial Conference - Initial (0) Docket Text: TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Initial Pretrial Conference held on 5/21/2020. Appearances: Paul Stockhausen, Esq. for Plaintiff; Cameron Reuber, Esq. for Defendant. Court reviews Civil Case Management Plan and Schedule A. Mandatory mediation is deferred at this time, not opted out. Any stipulated protective orders to be submitted for Court approval by 6/29/2020 and shall incorporate Local Rule 83.13 as it pertains to the filing of documents under seal. Court sets deadlines per the Patent Local Rules Schedule A, a scheduling order with attached Schedule A will be issued. (Court Reporter Jodi Hibbard) (sg ) |
| May 15, 2020 | N/A | Notice (Other) (0) Docket Text: IMPORTANT TEXT NOTICE FROM THE COURT regarding the 5/21/2020 at 10am Telephone Rule 16 Conference: Counsel are directed to call the following number at the time of the call and to follow the prompts/instructions when entering the call: 1-877-336-1829, Access Code 8029754, Security Code 4865. (sg ) |
| May 14, 2020 | 27 | CIVIL CASE MANAGEMENT PLAN (7) Docket Text: CIVIL CASE MANAGEMENT PLAN AND PATENT SCHEDULE by Road Widener, LLC. (Mark, Monica) |
| Apr 13, 2020 | 26 | Answer to Counterclaim (9) Docket Text: ANSWER to [20] Answer to Complaint, Counterclaim by Road Widener, LLC.(Mark, Monica) |
| Mar 24, 2020 | 22 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Paul J Stockhausen on behalf of Road Widener, LLC (Stockhausen, Paul) |
| Mar 24, 2020 | 23 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Jessica Hutson Polakowski on behalf of Road Widener, LLC (Polakowski, Jessica) |
| Mar 24, 2020 | 24 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by David G Hanson on behalf of Road Widener, LLC (Hanson, David) |
| Mar 24, 2020 | 25 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Monica A Mark on behalf of Road Widener, LLC (Mark, Monica) |
| Mar 23, 2020 | 19 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Cameron S. Reuber on behalf of Robert H. Finke & Sons, Inc. (Reuber, Cameron) |
| Mar 23, 2020 | 20 | Answer to Complaint (13) Docket Text: ANSWER to [1] Complaint , COUNTERCLAIM against Road Widener, LLC by Robert H. Finke & Sons, Inc..(Reuber, Cameron) |
| Mar 23, 2020 | 21 | FRCP 7.1 Corporate Disclosure Statement (1) Docket Text: FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Robert H. Finke & Sons, Inc.. (Reuber, Cameron) |
| Mar 12, 2020 | N/A | Set/Reset Answer Deadline (0) Docket Text: ***Answer deadline set for Robert H. Finke & Sons, Inc., to 3/23/2020. (jmb) |
| Mar 10, 2020 | 18 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Summons and Complaint, GO Filing Order, Report on Filing or Determination of an Action regarding Patent or Trademark served on Kyle Finke on March 2, 2020, filed by Road Widener, LLC. (Soller, Christian) |
| Mar 5, 2020 | 14 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Motion for Admission Pro Hac Vice of Monica A. Mark, Esq. served on Robert H. Finke & Sons, Inc. on March 3, 2020, filed by Road Widener, LLC. (Soller, Christian) |
| Mar 5, 2020 | 15 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Motion for Admission Pro Hac Vice of Jessica Hutson Polakowski, Esq. served on Robert H. Finke & Sons, Inc. on March 3, 2020, filed by Road Widener, LLC. (Soller, Christian) |
| Mar 5, 2020 | 16 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Motion for Admission Pro Hac Vice of Paul J. Stockhausen, Esq. served on Robert H. Finke & Sons, Inc. on March 3, 2020, filed by Road Widener, LLC. (Soller, Christian) |
| Mar 5, 2020 | 17 | Affidavit of Service (1) Docket Text: AFFIDAVIT of Service for Motion for Admission Pro Hac Vice of David G. Hanson served on Robert H. Finke & Sons, Inc. on March 3, 2020, filed by Road Widener, LLC. (Soller, Christian) |
| Mar 4, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [6] Motion for Limited Admission Pro Hac Vice of Monica Mark, Esq. for Road Widener, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2020. (sg ) |
| Mar 4, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [7] Motion for Limited Admission Pro Hac Vice of Jessica Hutson Polakowski, Esq. for Road Widener, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2020. (sg) |
| Mar 4, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [8] Motion for Limited Admission Pro Hac Vice of Paul Stockhausen, Esq. for Road Widener, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2020. (sg ) |
| Mar 4, 2020 | N/A | Order on Motion for Limited Admission Pro Hac Vice (0) Docket Text: TEXT ORDER granting [9] Motion for Limited Admission Pro Hac Vice of David Hanson, Esq. for Road Widener, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/4/2020. (sg ) |
| Feb 18, 2020 | 1 | Complaint* (1) |
| Feb 18, 2020 | 2 | Summons Issued (1) Docket Text: Summons Issued as to Robert H. Finke & Sons, Inc. (jmb) |
| Feb 18, 2020 | 3 | G.O. 25 Filing Order (16) Docket Text: G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Telephone Conference set for 5/21/2020 at 10:00 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/14/2020. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (jmb) |
| Feb 18, 2020 | 4 | Notice of Admission Requirement (1) Docket Text: NOTICE OF ADMISSION REQUIREMENT: as to Party Plaintiff; Attorneys' Paul J. Stockhausen, Esq., email: pstockhausen@reinhartlaw.com; Jessica Hutson Polakowski, Esq., email: jpolakowski@reinhartlaw.com; David G. Hanson, Esq., email: dhanson@reinhartlaw.com; and Monica A. Mark, Esq., email: mmark@reinhartlaw.com; Law Firm Telephone Number: 608-229-2200. Admissions due by 3/3/2020. {Copy of letter mailed to each attorney on 2/18/2020} (jmb) |
| Feb 18, 2020 | 5 | Report on the Filing and Determination of an Action regarding a Patent or Trademark sent to USPTO (1) Docket Text: Report on the Filing of an Action regarding patent number: RE46971. {Copy electronically sent to the Patent Office} (jmb) |
