Case number 1:22-cv-02902
AfterGlow, LLC v. Jessup Manufacturing Company > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| May 12, 2023 | 42 | MINUTE entry before the Honorable John F. Kness: On 5/12/2023, the parties filed a document 41 entitled "Joint Stipulation of Dismissal With Prejudice." A proper stipulated dismissal would, in the ordinary course, constitute a self-executing act without the need for a separate court order. See Nelson v. Napolitano, 657 F.3d 586, 587 (7th Cir. 2011) (FRCP 41(a)(1)(A) notice of dismissal "is self-executing and effective without further action from the court"). Yet a plaintiff may dismiss an action without a court order only if the notice of dismissal is filed "before the opposing party serves either an answer or a motion for summary judgment." Fed. R. Civ. P. 41(a)(1)(A)(i). If the opposing party has already served an answer or a motion for summary judgment, an automatic dismissal can occur only if the stipulation of dismissal is "signed by all parties who have appeared." Fed. R. Civ. P. 41(a)(1)(A)(ii). Defendant Jessup Manufacturing Company has already filed an answer 21 35 , but the stipulation of dismissal was signed only by Defendant (it is represented as agreed to by Plaintiff). Based on the Court's understanding of the parties' intent, however, the Court will construe the stipulated dismissal 41 as an unopposed motion to dismiss under Rule 41(a)(2) of the Federal Rules of Civil Procedure. Consistent with that Rule, and in recognition of Defendant's pending counterclaim 35 (see FRCP 41(a)(2) and that Rule's treatment of counterclaims), the motion is granted, and the case is dismissed with prejudice in accordance with the stipulation of dismissal. To the extent any party objects to the substance of this order, they may file a short, written objection on or before 5/19/2023 asking that the case be reinstated. In the alternative, the parties may, if they so choose, file a corrected joint stipulation of dismissal. Each party is to bear its own fees and costs. Plaintiff's motion 36 to dismiss the counterclaim is dismissed as moot. Civil case terminated. Mailed notice (ef, ) (Entered: 05/12/2023) (2) |
| May 12, 2023 | 41 | STIPULATION of Dismissal Joint (Gasey, Arthur) (Entered: 05/12/2023) (1) |
| Apr 20, 2023 | 40 | MINUTE entry before the Honorable John F. Kness: The unopposed motion 39 to extend initial fact discovery cutoff is granted, good cause under FRCP 16(b)(4) having been shown. Initial fact discovery extended to 4/28/2023. Mailed notice (ef, ) (Entered: 04/20/2023) (1) |
| Apr 17, 2023 | 39 | MOTION by Defendant Jessup Manufacturing Company for extension of time to complete discovery Unopposed motion to extend initial fact discovery cutoff (Gasey, Arthur) (Entered: 04/17/2023) (2) |
| Apr 4, 2023 | 38 | MEMORANDUM by Jessup Manufacturing Company in Opposition to Motion to Dismiss for Failure to State a Claim 36 (Solon, Patrick) (Entered: 04/04/2023) (15) |
| Mar 12, 2023 | 37 | MINUTE entry before the Honorable John F. Kness: Defendant-Counterclaimant Jessup Manufacturing Company's response to Plaintiff's motion 36 to dismiss counterclaims must be filed on or before 4/4/2023. Any reply must be filed on or before 4/18/2023. Mailed notice (jk) (Entered: 03/12/2023) (1) |
| Mar 7, 2023 | 36 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff AfterGlow, LLC to dismiss countercalims (Attachments: # 1 Memorandum, # 2 Text of Proposed Order)(Zito, Joseph) (Entered: 03/07/2023) (0) |
| Feb 14, 2023 | 35 | First Amended ANSWER to Complaint with Jury Demand , COUNTERCLAIM filed by Jessup Manufacturing Company against AfterGlow, LLC . by Jessup Manufacturing Company (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Gasey, Arthur) (Entered: 02/14/2023) (0) |
| Feb 13, 2023 | 34 | MINUTE entry before the Honorable John F. Kness: Defendant's Agreed Motion for leave to amend its answer to add a defense and counterclaim 32 is granted. Defendant's Agreed Motion toextend dates for final contentions 33 is granted. Mailed notice (ef, ) (Entered: 02/13/2023) (1) |
| Feb 8, 2023 | 33 | MOTION by Defendant Jessup Manufacturing Company for extension of time AGREED Motion To Extend Dates For Final Contentions (Solon, Patrick) (Entered: 02/08/2023) (2) |
| Feb 8, 2023 | 32 | MOTION by Defendant Jessup Manufacturing Company to amend/correct answer to complaint 21 AGREED Motion For Leave To Amend Its Answer To Add A Defense And Counterclaim (Attachments: # 1 Exhibit A-redlined amended answer)(Solon, Patrick) (Entered: 02/08/2023) (0) |
| Feb 2, 2023 | 31 | NOTICE by AfterGlow, LLC re complaint, 1 Notice of filing corrected Exhibit D to Original Complaint (Attachments: # 1 Exhibit Corrrected Exhibit D to ComplaintA - Phto of accused Sign)(Zito, Joseph) (Entered: 02/02/2023) (0) |
| Feb 1, 2023 | 30 | MINUTE entry before the Honorable John F. Kness: Before the Court is Defendant's opposed motion for leave to amend its answer to add a counterclaim 29 . It does not appear that Defendant has complied with the Court's motions policy, which is available on the Court's webpage. Specifically, the policy requires that the parties must propose a briefing schedule (see the policy for details) if the motion is opposed. Accordingly, the motion is stricken. Defendant may refile the motion, in compliance with the motions policy. Mailed notice (ef, ) (Entered: 02/01/2023) (1) |
| Jan 30, 2023 | 29 | MOTION by Defendant Jessup Manufacturing Company to amend/correct answer to complaint 21 Defendant's OPPOSED Motion for Leave to Amend its Answer to Add a Counterclaim (Attachments: # 1 Exhibit A - amended answer and counterclaim)(Gasey, Arthur) (Entered: 01/30/2023) (0) |
| Jan 18, 2023 | 28 | MINUTE entry before the Honorable John F. Kness: Defendant's Motion for extension of time 27 is granted. Defendant must amend its pleadings and/or join parties on or before 1/30/2023. Mailed notice (ef, ) (Entered: 01/18/2023) (1) |
| Jan 10, 2023 | 27 | MOTION by Defendant Jessup Manufacturing Company for extension of time for amending pleadings and/or joining parties from December 31, 2022, to January 30, 2023 (Gasey, Arthur) (Entered: 01/10/2023) (2) |
| Jul 29, 2022 | 26 | order (3) Docket Text: SCHEDULING ORDER UNDER RULE 16(b) signed by the Honorable John F. Kness on 7/29/2022. Mailed notice(ef, ) |
| Jul 29, 2022 | 25 | text entry (1) Docket Text: MINUTE entry before the Honorable John F. Kness: The Court's earlier minute order [24] is amended to reflect that the parties have already provided a proposed scheduling order, which the Court adopts. Enter separate scheduling order. Mailed notice (ef, ) |
| Jul 29, 2022 | 24 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Telephonic status hearing held on 7/29/2022. The parties reported on the status of the case. On or before 8/5/2022, the parties must submit a Word version of their proposed scheduling order that includes the dates from their Rule 26(f) planning report and the dates set by the time table under the Local Patent Rules. The proposed order must be submitted to the Court's proposed order mailbox at Proposed_Order_Kness@ilnd.uscourts.gov. Mailed notice (ef, ) |
| Jul 22, 2022 | 23 | terminate deadlines and hearings (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Initial Status hearing set for 7/29/2022 at 10:50 AM is reset for 7/29/2022 at 09:40 AM. TIME CHANGE ONLY. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Jul 21, 2022 | 22 | report of rule 26(f) planning meeting (9) Docket Text: REPORT of Rule 26(f) Planning Meeting by Jessup Manufacturing Company (Gasey, Arthur) |
| Jul 15, 2022 | 21 | answer to complaint (11) Docket Text: ANSWER to Complaint with Jury Demand by Jessup Manufacturing Company(Gasey, Arthur) |
| Jul 5, 2022 | 20 | attorney appearance (2) Docket Text: ATTORNEY Appearance for Plaintiff AfterGlow, LLC by Joseph Jude Zito of Devlin Law Firm (Zito, Joseph) |
| Jun 15, 2022 | 16 | order on motion for extension of time to answer (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Defendant's Unopposed Motion for extension of time to answer [15] is granted. Defendant must answer or otherwise plead to Plaintiff's complaint on or before 7/15/2022. Telephonic initial status hearing is set for 7/29/2022 at 10:50 AM. Consistent with Rule 26(f) of the Federal Rules of Civil Procedure, the parties are directed to meet and conduct a planning conference in advance of the initial status hearing. No later than ten days before the status hearing, the parties shall jointly complete and file on the docket a report that provides the information required by the Court's model Joint Initial Status Report, which can be found at https://www.ilnd.uscourts.gov/judge-info.aspx?Iu9/vqz23r5X7AkWx/nLtg== (see link entitled "Joint Initial Status Report"). If all Defendants have not yet been served or have not yet responded to requests to draft the required Joint Initial Status Report, Plaintiff must file the report on its own and must inform the Court of that circumstance. The parties are to use the following call-in number: 888-684-8852, conference code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) |
| Jun 15, 2022 | 17 | text entry (1) Docket Text: MINUTE entry before the Honorable John F. Kness: Counsel of record are directed to enter an appearance on behalf of Plaintiff and Defendant on or before 6/22/2022. Mailed notice (ef, ) |
| Jun 15, 2022 | 18 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Jessup Manufacturing Company by Patrick F. Solon (Solon, Patrick) |
| Jun 15, 2022 | 19 | attorney appearance (1) Docket Text: ATTORNEY Appearance for Defendant Jessup Manufacturing Company by Arthur Anthony Gasey (Gasey, Arthur) |
| Jun 14, 2022 | 15 | motion for extension of time to file answer (2) Docket Text: MOTION by Defendant Jessup Manufacturing Company for extension of time to file answer Unopposed (Gasey, Arthur) |
| Jun 2, 2022 | 14 | mailed (1) Docket Text: MAILED Rule 83.15 Letter to all counsel of record. (ph, ) |
| Jun 2, 2022 | 13 | case transferred in - district transfer (Main Document Public Docket Sheet) (2) Docket Text: RECEIVED from Virginia Eastern; Case Number 1:22-cv-00014. (ph, ) |
| May 31, 2022 | 12 | order on motion to dismiss (1) Docket Text: ORDERED that this case is hereby TRANSFERRED to the United States District Court for the Northern District of Illinois. Signed by District Judge Claude M. Hilton on 5/31/2022. (nneb) [Transferred from Virginia Eastern on 6/2/2022.] |
| May 12, 2022 | 11 | other (2) Docket Text: Waiver of Argument by Jessup Manufacturing Company (Kennedy, Ryan) [Transferred from Virginia Eastern on 6/2/2022.] |
| May 12, 2022 | 10 | notice of filing (2) Docket Text: Financial Interest Disclosure Statement (Local Rule 7.1) by Jessup Manufacturing Company. (Kennedy, Ryan) [Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 26, 2022 | 9 | response to motion (2) Docket Text: RESPONSE to Motion re [5] MOTION to Dismiss or Transfer filed by AfterGlow, LLC. (Sheets, Kendal) [Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 20, 2022 | 8 | order on motion to appear pro hac vice (1) Docket Text: ORDER granting [7] Motion for Pro hac vice Appointed Arthur Anthony Gasey for Jessup Manufacturing Company. Signed by District Judge Claude M. Hilton on 4/20/22. (clar, ) [Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 12, 2022 | 7 | motion to appear pro hac vice (1) Docket Text: Motion to appear Pro Hac Vice by Arthur A. Gasey and Certification of Local Counsel Ryan T. Kennedy Filing fee $ 75, receipt number AVAEDC-8341451. by Jessup Manufacturing Company. (Kennedy, Ryan)[Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 12, 2022 | 6 | memorandum in support of motion (Affidavit) (2) Docket Text: Memorandum in Support re [5] MOTION to Dismiss or Transfer filed by Jessup Manufacturing Company. (Attachments: # (1) Affidavit)(Kennedy, Ryan) [Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 12, 2022 | 6 | memorandum in support of motion (Main Document) (7) Docket Text: Memorandum in Support re [5] MOTION to Dismiss or Transfer filed by Jessup Manufacturing Company. (Attachments: # (1) Affidavit)(Kennedy, Ryan) [Transferred from Virginia Eastern on 6/2/2022.] |
| Apr 12, 2022 | 5 | motion to dismiss (2) Docket Text: MOTION to Dismiss or Transfer by Jessup Manufacturing Company. (Kennedy, Ryan) [Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 13, 2022 | 4 | other (1) Docket Text: Report Regarding Patent & Trademark 8,479,423 and 8,286,378. (Sheets, Kendal) [Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 10, 2022 | 3 | summons issued (Notice of Suit) (1) Docket Text: Summons Issued as to Jessup Manufacturing Company, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # (1) Notice of Suit) (lber) [Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 10, 2022 | 3 | summons issued (Main Document) (2) Docket Text: Summons Issued as to Jessup Manufacturing Company, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the Electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: # (1) Notice of Suit) (lber) [Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 8, 2022 | 2 | text entry (2) Docket Text: Proposed Summons by AfterGlow, LLC. (Sheets, Kendal) [Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Civil Cover Sheet) (1) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Exhibit D) (2) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Exhibit C) (3) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Exhibit B) (24) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Exhibit A) (24) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | 1 | complaint (Main Document) (12) Docket Text: Complaint ( Filing fee $ 402, receipt number AVAEDC-8185547.), filed by AfterGlow, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Civil Cover Sheet)(Sheets, Kendal)[Transferred from Virginia Eastern on 6/2/2022.] |
| Jan 7, 2022 | N/A | case assigned/reassigned (0) Docket Text: Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge John F. Anderson. (lber) [Transferred from Virginia Eastern on 6/2/2022.] |
