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Case number 1:19-cv-03944

CLOSURE SYSTEMS INTERNATIONAL, INC. v. NOVEMBAL USA INC. > Documents

Date Field Doc. No.Description (Pages)
Sep 8, 2020 122 NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Stipulation of dismissal filed 09/03/2020, # 2 Order acknowledging dismissal filed 09/04/2020) (JDH) (Entered: 09/08/2020) (0)
Sep 4, 2020 121 CLOSED DISMISSED - ORDER - Joint Stipulation of Dismissal with Prejudice having been considered, is hereby GRANTED 120 . The Court shall retain jurisdiction over the above-entitled action for purposes of enforcing the terms of the Settlement Agreement. Signed by Judge Jane Magnus-Stinson on 9/4/2020.(JDH) (Entered: 09/04/2020) (1)
Sep 3, 2020 120 STIPULATION of Dismissal , as to Defendant NOVEMBAL USA INC., Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC., Counter Claimant NOVEMBAL USA INC., filed by NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order)(Wagner, Robert) (Entered: 09/03/2020) (0)
Jul 15, 2020 119 ORDER ON MOTIONS TO RECONSIDER - The Court GRANTS Plaintiff's Motion [Dkt. 113 ]; and the Clerk is directed to PERMANENTLY SEAL Docket No. 87-1. The Court GRANTS Defendant's Motion [Dkt. 117 ]; and the Clerk is directed to PERMANENTLY SEAL Docket Nos. 93 and 93-1. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 7/15/2020. (SWM) (Entered: 07/16/2020) (3)
Jul 13, 2020 116 BRIEF/MEMORANDUM in Support re 113 Unopposed MOTION for Reconsideration re 104 Order on Motion to Seal/Maintain Under Seal Document , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. A - Redacted Doc. 85, # 2 Exhibit Ex. B - Redacted Doc. 85-1, # 3 Exhibit Ex. C - Redacted Doc. 87, # 4 Exhibit Ex, D - Redacted Doc. 87-2, # 5 Exhibit Ex. E - Redacted Doc. 87-3, # 6 Exhibit Ex. F - Redacted Doc. 87-4, # 7 Exhibit Ex. G - Redacted 87-5, # 8 Text of Proposed Order Proposed Order)(Wagner, Robert) (Entered: 07/13/2020) (0)
Jul 13, 2020 117 Unopposed MOTION for Reconsideration re 104 Order on Motion to Seal/Maintain Under Seal Document , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order Proposed Order)(Wagner, Robert) (Entered: 07/13/2020) (0)
Jul 13, 2020 118 BRIEF/MEMORANDUM in Support re 117 Unopposed MOTION for Reconsideration re 104 Order on Motion to Seal/Maintain Under Seal Document , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. A - Redacted Sealed Cover Sheet, # 2 Exhibit Ex. B - Redacted Opposition)(Wagner, Robert) (Entered: 07/13/2020) (0)
Jul 8, 2020 113 Unopposed MOTION for Reconsideration re 104 Order on Motion to Seal/Maintain Under Seal Document , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) Modified on 7/13/2020 (JDH). (Entered: 07/08/2020) (0)
Jul 8, 2020 114 BRIEF/MEMORANDUM in Support re 113 Unopposed MOTION for Reconsideration re 104 Order on Motion to Seal/Maintain Under Seal Document , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A - Redacted Version of Exhibit 8 to Motion to Compel, which was filed under seal)(Barron, Jeff) (Entered: 07/08/2020) (0)
Jul 7, 2020 115 ORDER Directing Filing of Documents Authorizing Dismissal. The Court has been advised by counsel that a resolution has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, and trial, if any, are VACATED. Within sixty (60) days of the date of this entry, counsel for the parties shall file a motion to dismiss this cause and submit an order for the Court's signature ordering the dismissal of this action or a stipulation of dismissal (consistent with the agreement of the parties). Signed by Magistrate Judge Mark J. Dinsmore on 7/7/2020. (MAC) (Entered: 07/08/2020) (2)
Jul 6, 2020 111 ORDER REGARDING PENDING MOTION TO COMPEL: In order to assist the Court in resolving the Defendant's motion to compel [Dkt. 106 ], on or before July 13, 2020, Plaintiff shall provide the Court, with regard to each of the documents identified on ECF page 20 of Docket No. 107 (numbered page 15 of the brief) the following items for in camera review. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 7/6/2020. (GD) (Entered: 07/06/2020) (2)
Jul 6, 2020 112 ORDER REGARDING PENDING MOTION TO COMPEL: In order to assist the Court in resolving the Plaintiff's motion to compel [Dkt. 99 ], on or before July 13, 2020, Defendant shall provide the Court, with regard to all of the documents identified on Defendant's privilege log [Dkt. 100-5], the following items for in camera review. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 7/6/2020. (GD) (Entered: 07/06/2020) (2)
Jul 1, 2020 108 RESPONSE in Opposition re 99 MOTION to Compel Novembal's Document Production and Interrogatory Responses , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. 1 - Def's Response to Pl's RFP, # 2 Exhibit Ex. 2 - Subpoena)(Wagner, Robert) (Entered: 07/01/2020) (0)
Jul 1, 2020 109 SCHEDULING ORDER - This matter comes before the Court on Novembal's Motion to Compel Production of Documents Identified on CSI's Privilege Log. [Dkt. 106 .] Any response to the Motion is due on or before July 8, 2020. Any reply in support of the Motion is due on or before July 14, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 7/1/2020.(SWM) (Entered: 07/02/2020) (1)
Jul 1, 2020 110 *** PLEASE DISREGARD - DUPLICATE DOCKET ENTRY *** SCHEDULING ORDER: This matter comes before the Court on Novembal's Motion to Compel Production of Documents Identified on CSI's Privilege Log. [Dkt. 106 .] Any response to the Motion is due on or before July 8, 2020. Any reply in support of the Motion is due on or before July 14, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 7/1/2020.(SWM) Modified on 7/2/2020 (SWM). (Entered: 07/02/2020) (1)
Jun 26, 2020 106 MOTION to Compel Production of Documents Identified on CSI's Privilege Log, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order)(Wagner, Robert) (Entered: 06/26/2020) (0)
Jun 26, 2020 107 BRIEF/MEMORANDUM in Support re 106 MOTION to Compel Production of Documents Identified on CSI's Privilege Log , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. 1 - CSI's Revised Privilege Log, # 2 Exhibit Ex. 2 - Patent D885,896 S, # 3 Exhibit Ex. 3 - Patent D885,897 S, # 4 Exhibit Ex. 4 - Patent D885,898 S, # 5 Exhibit Ex. 5 - Patent D885,899 S, # 6 Exhibit Ex. 6 - Patent D885,900 S, # 7 Exhibit Ex. 7 - Patent D886,607 S, # 8 Exhibit Ex. 8 - CSI's 2nd Supp. Answer to Roggs)(Wagner, Robert) (Entered: 06/26/2020) (0)
Jun 24, 2020 105 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/24/2020. Parties discussed status of discovery. Parties are authorized to file motions to compel with regard to discovery disputes identified in section 3 of parties' June 23, 2020 Supplemental Joint Report on Status of Discovery. (Dkt. 102 at 7-10.) In addition, Plaintiff is authorized to file motion to compel with regard to dispute regarding Defendant's privilege log. Telephonic Status Conference set for 7/29/2020 at 12:00 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery now due 7/27/2020. * SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/24/2020) (2)
Jun 23, 2020 102 REPORT on the Status of Discovery (Joint) by NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 06/23/2020) (13)
Jun 23, 2020 104 ORDER denying Plaintiff's 88 Motion to Maintain Document Under Seal; denying Defendant's 94 Motion to Maintain Document Under Seal. See Order for Docket Numbers to Unseal and Additional Information. Pursuant to Local Rule 5-11(g), documents ordered unsealed by this order shall be unsealed after 21 days absent a Fed. R. Civ. P. 72(a) objection, a motion to reconsider, an appeal, or further court order. Signed by Magistrate Judge Mark J. Dinsmore on 6/23/2020. (SWM) (Entered: 06/23/2020) (5)
Jun 18, 2020 101 RESPONSE to Motion re 94 MOTION to Maintain Document Under Seal 93 SEALED Document (Case Participants - doc) Non-Opposition to Maintaining Opposition Brief Under Seal, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Barron, Jeff) (Entered: 06/18/2020) (5)
Jun 17, 2020 99 MOTION to Compel Novembal's Document Production and Interrogatory Responses, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion to Compel)(Barron, Jeff) (Entered: 06/17/2020) (0)
Jun 17, 2020 100 BRIEF/MEMORANDUM in Support re 99 MOTION to Compel Novembal's Document Production and Interrogatory Responses , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 -- Novembal's Responses to CSI's First Set of Requests for Production, # 3 Exhibit 2 -- Novembal's First Supplement to its Responses to CSI's First Set of Interrogatories, # 4 Exhibit 3 -- Novembal's Supplemental Response to CSI's Third Set of Interrogatories, # 5 Exhibit 4 -- Novembal's Privilege Log)(Barron, Jeff) (Entered: 06/17/2020) (0)
Jun 8, 2020 97 REPLY in Support of Motion re 84 MOTION for Leave to File First Amended Complaint , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Barron, Jeff) (Entered: 06/08/2020) (14)
Jun 5, 2020 98 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/5/2020. Parties discussed status of discovery. Novembal USA Inc. committed to producing all remaining documents responsive to Plaintiff's first request for production by June 8, 2020. Novembal also committed to producing its privilege log with regard to all documents withheld from production to Plaintiff by June 12, 2020. Parties are authorized to file motions to compel with regard to all discovery disputes set forth in their Joint Report on Status of Discovery filed June 1, 2020 [Dkt. 91]. Telephonic Status Conference set for 6/24/2020 at 4:30 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery, which is now due 6/22/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 06/09/2020) (2)
Jun 4, 2020 93 *** Docket Nos. 93 and 93-1 PERMANENTLY SEALED PER DKT. 119 *** SEALED Cover Sheet for Filing Opposition to, re 84 Motion for Leave to File, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Opposition to Motion for Leave to File Amended Complaint, # 2 Exhibit Ex. 1 Confidential Disclosure Agreement)(Wagner, Robert) Modified on 7/16/2020 (SWM). (Entered: 06/04/2020) (0)
Jun 4, 2020 94 MOTION to Maintain Document Under Seal 93 SEALED Document (Case Participants - doc) , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order)(Wagner, Robert) (Entered: 06/04/2020) (0)
Jun 4, 2020 95 BRIEF/MEMORANDUM in Support re 94 MOTION to Maintain Document Under Seal 93 SEALED Document (Case Participants - doc) , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 06/04/2020) (6)
Jun 4, 2020 96 BRIEF/MEMORANDUM in Support re 88 MOTION to Maintain Document Under Seal 87 SEALED Document (Case Participants - doc), 85 SEALED MOTION Memorandum in Support of Motion to File First Amended Complaint , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 06/04/2020) (5)
Jun 1, 2020 91 REPORT on the Status of Discovery (Joint) by NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 06/01/2020) (10)
May 28, 2020 90 SCHEDULING ORDER: Presently before the Court is 84 Plaintiff's Motion for Leave to File First Amended Complaint. Defendant shall file any response to the motion on or before June 4, 2020. Plaintiff shall file any reply in support of the motion on or before June 8, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 5/28/2020. (GD) (Entered: 05/29/2020) (1)
May 27, 2020 84 MOTION for Leave to File First Amended Complaint, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Supplement Proposed First Amended Complaint, # 2 Exhibit Exhibits to Proposed First Amended Complaint, # 3 Text of Proposed Order)(Barron, Jeff) (Entered: 05/27/2020) (0)
May 27, 2020 85 SEALED Memorandum in Support of 84 Motion to File First Amended Complaint, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC. (Attachments: # 1 Supplement Memorandum ISO Motion for Leave to File 1st Amended Complaint)(Barron, Jeff) Modified on 5/28/2020 (JDH). (Entered: 05/27/2020) (0)
May 27, 2020 86 EXHIBIT in Support of Motion re 84 MOTION for Leave to File First Amended Complaint , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit 1 -First Amended Complaint, # 2 Exhibit 2 - Email Chain last dated 2020-05-15, # 3 Exhibit 3 - CSI's Second Set of Requests for Production, # 4 Exhibit 4 - 2020-05-08 Letter to Novembal's counsel, # 5 Exhibit 5 - 2020-05-14 Letter to Novembal's counsel, # 6 Exhibit 6 - 2020-05-21 Email to Novembal's counsel, # 7 Exhibit 7 - CSI email to Nestle)(Barron, Jeff) (Entered: 05/27/2020) (0)
May 27, 2020 87 SEALED Memorandum and Exhibits, re 84 Motion for Leave to File First Amended Complaint, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC. (Attachments: # *** PERMANENTLY SEAL PER DKT. 119 *** (1) Exhibit 8 - Internal CSI e-mail, # 2 Exhibit 9 - Internal Novembal e-mail, # 3 Exhibit 10 - Novembal CAD drawing, # 4 Exhibit 11 - Internal Novembal e-mail, # 5 Exhibit 12 - Novembal drawing)(Barron, Jeff) Modified on 6/22/2020 (JDH). Modified on 7/16/2020 (SWM). (Entered: 05/27/2020) (0)
May 27, 2020 88 MOTION to Maintain Document Under Seal 87 SEALED Document (Case Participants - doc), 85 SEALED MOTION Memorandum in Support of Motion to File First Amended Complaint , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 05/27/2020) (0)
May 27, 2020 89 SEALED Memorandum in Support of 88 Motion to File and Maintain Plaintiff's Motion for Leave to File First Amended Complaint Under Seal, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC. (Barron, Jeff) Modified on 5/28/2020 (JDH). (Entered: 05/27/2020) (0)
May 26, 2020 83 ORDER granting Defendant's 82 Motion for Continuance. Status Conference RESET for 6/5/2020 08:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's Order [Dkt. 78] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 5/26/2020.(SWM) (Entered: 05/26/2020) (1)
May 18, 2020 82 Unopposed MOTION for Continuance of Status Conference, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order)(Wagner, Robert) (Entered: 05/18/2020) (0)
May 13, 2020 78 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Settlement Conference held on 5/13/2020. Settlement was not achieved. Telephonic Status Conference set for 6/3/2020 at 2:30 PM (Eastern Time) to discuss parties' next Supplemental Joint Report on Status of Discovery now due 6/1/2020. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 05/14/2020) (2)
May 13, 2020 79 ORDER denying Plaintiff's 42 Motion to Bifurcate Trial of Novembal's Infringement Counterclaim and Stay Related Contentions. However, the request to bifurcate the trial may be renewed at a later date. Any motion to bifurcate the trial of this case shall be filed within thirty days after any motions for summary judgment filed in this matter are fully briefed, after counsel meet and confer and attempt to reach agreement on the issue. Defendant's request for an award of fees and costs related to the instant motion is DENIED. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 5/13/2020. (SWM) (Entered: 05/14/2020) (8)
May 13, 2020 80 ORDER ON MOTION TO DISQUALIFY COUNSEL - CSI's motion to disqualify Novembal's counsel [Dkt. 61 ] and Novembal's request for sanctions relating to the motion are DENIED. See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 5/13/2020. (SWM) (Entered: 05/14/2020) (11)
May 13, 2020 81 ORDER granting in part and denying in part Parties' 73 Agreed Motion to Amend Patent Case Management Plan. See Order for established deadlines. No further enlargement of these deadlines is anticipated. Signed by Magistrate Judge Mark J. Dinsmore on 5/13/2020.(SWM) (Entered: 05/14/2020) (3)
May 12, 2020 77 NOTICE of Preliminary Invalidity Contentions, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC. (Barron, Jeff) (Entered: 05/12/2020) (4)
May 11, 2020 75 REPORT on the Status of Discovery-Update (Joint) by NOVEMBAL USA INC.. (Vershay, Ryan) (Entered: 05/11/2020) (7)
May 11, 2020 76 NOTICE of Preliminary Infringement Contentions, filed by Counter Claimant NOVEMBAL USA INC. (Attachments: # 1 Exhibit Ex. 1 to Preliminary Infringement Contentions, # 2 Exhibit Ex. 2 to Preliminary Infringement Contentions, # 3 Exhibit Ex. 3 to Preliminary Infringement Contentions) (Wagner, Robert) (Entered: 05/11/2020) (0)
Apr 28, 2020 74 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 4/22/2020. Parties discussed case status & upcoming settlement conference. Parties' next Supplemental Joint Report on Status of Discovery is now due 5/11/2020. Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 04/29/2020) (2)
Apr 27, 2020 73 Joint MOTION to Amend/Correct Case Management Plan, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 04/27/2020) (0)
Apr 20, 2020 71 REPORT on the Status of Discovery (Joint) by NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 04/20/2020) (10)
Apr 20, 2020 72 AMENDED SCHEDULING ORDER - This matter is currently set for a Telephonic Status Conference on Wednesday, April 22, 2020 at 12:15 p.m. The Court, sua sponte, hereby changes the time to 4:00 p.m. (Eastern) on that same date. All other requirements of the Court's Orders [Dkts. 67 & 68 ] remain in effect, and counsel shall use the same teleconference call- in information issued by the Court on April 17,2020 [Dkt. 70]. Signed by Magistrate Judge Mark J. Dinsmore on 4/20/2020.(SWM) (Entered: 04/20/2020) (1)
Apr 13, 2020 69 REPLY in Support of Motion re 61 MOTION to Disqualify Counsel for Novembal USA Inc. , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A - Novembal's Second Set Of Interrogatories to Plaintiff)(Barron, Jeff) (Entered: 04/13/2020) (0)
Apr 8, 2020 67 ORDER CONTINUING TELEPHONIC STATUS CONFERENCE - The Court sua sponte CONTINUES the April 20, 2020 telephonic status conference to 12:15 p.m. (Eastern) on Wednesday, April 22, 2020. All other requirements of the Court's Minute Entry for March 23, 2020 [Dkt. 63] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2020.(SWM) (Entered: 04/09/2020) (1)
Apr 8, 2020 68 SCHEDULING ORDER - In order to allow the Court to more effectively and efficiently manage the conduct of discovery in this matter, on or before April 20, 2020, the parties shall jointly file a "Joint Report on the Status of Discovery,". See Order for details. Signed by Magistrate Judge Mark J. Dinsmore on 4/8/2020.(SWM) (Entered: 04/09/2020) (3)
Apr 7, 2020 66 AMENDED SCHEDULING ORDER - This matter is currently set for an in- person Settlement Conference on Wednesday, May 13, 2020 at 1:00 p.m. (Eastern). The Court, sua sponte, hereby CONVERTS the settlement conference from in person to telephonic; all other requirements of the Court's Order scheduling the settlement conference [Dkt. 26] remain in effect, and all persons required to appear thereby shall appear by telephone for the settlement conference via call- in information to be separately provided. Signed by Magistrate Judge Mark J. Dinsmore on 4/7/2020.(SWM) (Entered: 04/07/2020) (2)
Apr 6, 2020 64 ORDER ON MOTION FOR DEFAULT/MOTION FOR ENLARGEMENT OF TIME - Novembal's 48 motion for an entry of default is DENIED and Plaintiff's 56 motion for enlargement of time is DENIED AS MOOT. Plaintiff's answer to the counterclaim is deemed timely filed on February 28, 2020. See Order for additional details. Signed by Magistrate Judge Mark J. Dinsmore on 4/6/2020. (SWM) (Entered: 04/06/2020) (3)
Apr 6, 2020 65 RESPONSE in Opposition re 61 MOTION to Disqualify Counsel for Novembal USA Inc. , filed by Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Exhibit 1 - Email, # 2 Exhibit Exhibit 2 - Email)(Wagner, Robert) (Entered: 04/06/2020) (0)
Mar 23, 2020 61 MOTION to Disqualify Counsel for Novembal USA Inc., filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 03/23/2020) (0)
Mar 23, 2020 62 BRIEF/MEMORANDUM in Support re 61 MOTION to Disqualify Counsel for Novembal USA Inc. , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL 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, # 12 Exhibit L, # 13 Exhibit M)(Barron, Jeff) (Entered: 03/23/2020) (0)
Mar 23, 2020 63 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 3/23/2020. Parties discussed status of discovery. Telephonic Status Conference set for 4/20/2020 at 4:45 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 03/26/2020) (2)
Mar 6, 2020 58 NOTICE of Parties' First Extension of Time, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Barron, Jeff) (Entered: 03/06/2020) (3)
Mar 6, 2020 59 RESPONSE in Opposition re 56 MOTION for Extension of Time to in which to 49 Answer to Counterclaim , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. 1 - emails)(Wagner, Robert) (Entered: 03/06/2020) (0)
Mar 3, 2020 54 REPLY in Support of Motion re 42 MOTION to Bifurcate TRIAL OF NOVEMBAL'S INFRINGEMENT COUNTERCLAIM AND STAY RELATED CONTENTIONS (opposed) , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A - Declaration of Daniel H. Shulman, # 2 Exhibit B - Novembal's Second Set of Interrogatories, # 3 Exhibit C - Novembal's Second Set of Requests for Production, # 4 Exhibit D - Waiver of Service Request)(Barron, Jeff) (Entered: 03/03/2020) (0)
Mar 3, 2020 55 Submission of Signature Requirement re 54 Reply in Support of Motion by CLOSURE SYSTEMS INTERNATIONAL INC.. (Barron, Jeff) (Entered: 03/03/2020) (16)
Mar 3, 2020 56 MOTION for Extension of Time to in which to 49 Answer to Counterclaim , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Barron, Jeff) (Entered: 03/03/2020) (0)
Mar 3, 2020 57 REPLY in Support of Motion re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 03/03/2020) (11)
Mar 2, 2020 52 NOTICE of Answer to Counterclaim in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Answer to counterclaim filed 02/28/2020) (JDH) (Entered: 03/02/2020) (0)
Mar 2, 2020 53 REPLY in Support of Motion re 48 MOTION for Clerk's Entry of Default , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 03/02/2020) (6)
Feb 28, 2020 48 MOTION for Clerk's Entry of Default, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Vershay, Ryan) Modified on 3/2/2020 (JDH). (Entered: 02/28/2020) (0)
Feb 28, 2020 49 ANSWER to 35 Counterclaim , filed by CLOSURE SYSTEMS INTERNATIONAL INC..(Barron, Jeff) (Entered: 02/28/2020) (7)
Feb 28, 2020 50 RESPONSE in Opposition re 48 MOTION for Entry of Default , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A -- Exchange Among Counsel, # 2 Text of Proposed Order)(Barron, Jeff) (Entered: 02/28/2020) (0)
Feb 28, 2020 51 RESPONSE in Opposition re 42 MOTION to Bifurcate TRIAL OF NOVEMBAL'S INFRINGEMENT COUNTERCLAIM AND STAY RELATED CONTENTIONS (opposed) , filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 02/28/2020) (13)
Feb 25, 2020 46 RESPONSE in Opposition re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 02/25/2020) (0)
Feb 25, 2020 47 ORDER granting 45 Motion to Appear pro hac vice. Attorney Timothy J. May for NOVEMBAL USA INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 2/25/2020. (SWM) (Entered: 02/25/2020) (2)
Feb 24, 2020 45 MOTION for Attorney(s) Timothy J. May to Appear pro hac vice (Filing fee $100, receipt number 0756-5873591), filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. A - Certification of Timothy J. May, # 2 Text of Proposed Order)(Vershay, Ryan) (Entered: 02/24/2020) (0)
Feb 20, 2020 44 ORDER granting Parties' 41 Joint Motion for Continuance. Status Conference RESET for 3/23/2020 11:30 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. All other requirements of the Court's Order dated February 7, 2020 [Dkt. 39] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 2/20/2020.(SWM) (Entered: 02/20/2020) (1)
Feb 14, 2020 42 MOTION to Bifurcate TRIAL OF NOVEMBAL'S INFRINGEMENT COUNTERCLAIM AND STAY RELATED CONTENTIONS (opposed), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion To Bifurcate)(Barron, Jeff) (Entered: 02/14/2020) (0)
Feb 14, 2020 43 BRIEF/MEMORANDUM in Support re 42 MOTION to Bifurcate TRIAL OF NOVEMBAL'S INFRINGEMENT COUNTERCLAIM AND STAY RELATED CONTENTIONS (opposed) , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Exhibit A -- Novembal's Interrogatories of February 14, 2020, # 2 Exhibit B -- Novembal's Requests for Production of February 14, 2020)(Barron, Jeff) (Entered: 02/14/2020) (0)
Feb 10, 2020 40 NOTICE of Cross Bill or Other Pleading in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Counterclaim filed 02-04-2020 against Closure Systems Int'l Inc., # 2 Exhibit 1 - '442 patent) (JDH) (Entered: 02/10/2020) (0)
Feb 10, 2020 41 Joint MOTION for Continuance to Continue Status Conference, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Counter Defendant CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 02/10/2020) (0)
Feb 7, 2020 39 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 2/7/2020. Parties discussed status of discovery. Telephonic Status Conference set for 3/12/2020 at 11:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 02/07/2020) (2)
Feb 6, 2020 38 Submission of Signature Requirement re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NOVEMBAL USA INC.. (Attachments: # 1 Exhibit)(Wagner, Robert) (Entered: 02/06/2020) (0)
Feb 5, 2020 36 ***PLEASE DISREGARD, SEE NOTICE FILED AT 37 *** Unopposed MOTION for Extension of Time to March 9, 2020 to Respond to Plaintiff's First Discovery Requests, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Attachments: # 1 Text of Proposed Order)(Wagner, Robert) Modified on 2/6/2020 (JDH). (Entered: 02/05/2020) (0)
Feb 5, 2020 37 NOTICE of Parties' First Extension of Time, filed by Counter Claimant NOVEMBAL USA INC., Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 02/05/2020) (3)
Feb 4, 2020 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit)(Vershay, Ryan) (Entered: 02/04/2020) (0)
Feb 4, 2020 34 BRIEF/MEMORANDUM in Support re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant NOVEMBAL USA INC.. (Vershay, Ryan) (Entered: 02/04/2020) (18)
Feb 4, 2020 35 COUNTERCLAIM against CLOSURE SYSTEMS INTERNATIONAL INC., filed by NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. 1 - '442 Patent)(Wagner, Robert) (Entered: 02/04/2020) (0)
Jan 24, 2020 31 Witness List Preliminary, filed by Defendant NOVEMBAL USA INC., Exhibit List Preliminary, filed by Defendant NOVEMBAL USA INC.. (Vershay, Ryan) (Entered: 01/24/2020) (4)
Jan 22, 2020 30 STIPULATED PROTECTIVE ORDER 29 Approved and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 1/22/2020.(SWM) (Entered: 01/23/2020) (12)
Jan 17, 2020 28 Exhibit List (Preliminary), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC., Witness List (Preliminary), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Barron, Jeff) (Entered: 01/17/2020) (4)
Jan 17, 2020 29 Unopposed MOTION for Protective Order (Stipulated), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Barron, Jeff) (Entered: 01/17/2020) (0)
Jan 13, 2020 25 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2020.(SWM) (Entered: 01/13/2020) (2)
Jan 13, 2020 26 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 1/9/2020. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 2/7/2020 at 10:45 AM (Eastern Time). Settlement Conference set for 5/13/2020 at 1:00 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD) (Entered: 01/17/2020) (6)
Jan 13, 2020 27 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 10/16/2020. Discovery due by 9/17/2020. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 1/13/2020. (GD) (Entered: 01/17/2020) (12)
Jan 8, 2020 23 NOTICE of Appearance by Deborah Pollack-Milgate on behalf of Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Pollack-Milgate, Deborah) (Entered: 01/08/2020) (2)
Jan 8, 2020 24 ORDER granting 21 Motion to Appear pro hac vice. Attorney Elizabeth D. Ferrill for NOVEMBAL USA INC. added. If not already registered with the Court's Electronic Filing System, Elizabeth D. Ferrill is ordered to register within ten (10) days of the entry of this order. Copy to Elizabeth D. Ferrill via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/8/2020. (SWM) (Entered: 01/09/2020) (2)
Jan 6, 2020 20 Patent CASE MANAGEMENT PLAN TENDERED, filed by Defendant NOVEMBAL USA INC. . (Wagner, Robert) (Entered: 01/06/2020) (12)
Jan 6, 2020 21 MOTION for Attorney(s) Elizabeth D. Ferrill to Appear pro hac vice (Filing fee $100, receipt number 0756-5796630), filed by Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit Ex. A - Certification of Elizabeth Ferrill, # 2 Text of Proposed Order)(Vershay, Ryan) (Entered: 01/06/2020) (0)
Jan 2, 2020 19 ORDER granting 18 Motion to Appear pro hac vice. Attorney Justin Hasford for NOVEMBAL USA INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 1/2/2020. (SWM) (Entered: 01/03/2020) (2)
Dec 30, 2019 18 MOTION for Attorney(s) Justin J. Hasford to Appear pro hac vice (Filing fee $100, receipt number 0756-5787093), filed by Defendant NOVEMBAL USA INC.. (Attachments: # 1 Exhibit A - Certification of Justin J. Hasford, # 2 Text of Proposed Order)(Vershay, Ryan) (Entered: 12/30/2019) (0)
Dec 13, 2019 17 WAIVER OF SERVICE Returned Executed, filed by CLOSURE SYSTEMS INTERNATIONAL INC.. NOVEMBAL USA INC. waiver sent on 12/6/2019. (Barron, Jeff) (Entered: 12/13/2019) (1)
Dec 12, 2019 15 NOTICE of Appearance by Robert Francis Wagner on behalf of Defendant NOVEMBAL USA INC.. (Wagner, Robert) (Entered: 12/12/2019) (1)
Dec 12, 2019 16 SCHEDULING ORDER: Initial Pretrial Conference set for 1/9/2020 03:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") on or before January 6, 2020. To the extent that the parties have filed a Joint Motion [Dkt. 14 ] requesting an extension of time to and including January 6, 2020 by which to file a proposed Case Management Plan, that motion is hereby GRANTED. Section III(A) through (E) of the proposed CMP shall include the following deadlines. See Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 12/12/2019.(SWM) (Entered: 12/12/2019) (3)
Dec 11, 2019 12 ***PLEASE DISREGARD, REFILED AS JOINT MOTION AT 14 *** MOTION for Extension of Time to January 6, 2020 to file a Case Management Plan, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) Modified on 12/11/2019 (JDH). (Entered: 12/11/2019) (0)
Dec 11, 2019 13 NOTICE of Appearance by Ryan John Vershay on behalf of Defendant NOVEMBAL USA INC.. (Vershay, Ryan) (Entered: 12/11/2019) (1)
Dec 11, 2019 14 Joint MOTION for Extension of Time to January 6, 2020 to File a Case Management Plan, filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 12/11/2019) (0)
Sep 23, 2019 11 NOTICE of Initial Filing in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Complaint, # 2 Appendix Table of Exhibits, # 3 Exhibit 1 - '442 Patent, # 4 Exhibit 2 - '171 Patent, # 5 Exhibit 3 - Edie Assignment Agreement, # 6 Exhibit 4 - Moll Assignment Agreement, # 7 Exhibit 5 - Benecke Assignment Agreement, # 8 Exhibit 6 -CSI Drawing, # 9 Exhibit 7 - Email to Nestle, # 10 Exhibit 8 -CSI Presentation, # 11 Exhibit 9 - Letter from Novembal, # 12 Exhibit 10 - Letter from CSI, # 13 Exhibit 11 - Letter from Counsel to CSI, # 14 Exhibit 12 - Email String, # 15 Exhibit 13 - Email from Counsel, # 16 Exhibit 14 - Novembal Drawing) (JDH) (Entered: 09/23/2019) (0)
Sep 19, 2019 9 ORDER granting 4 Motion to Appear pro hac vice. Attorney David L. Bernard for CLOSURE SYSTEMS INTERNATIONAL INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2019 (dist made) (CBU) (Entered: 09/20/2019) (2)
Sep 19, 2019 10 ORDER granting 5 Motion to Appear pro hac vice. Attorney Daniel H. Shulman for CLOSURE SYSTEMS INTERNATIONAL INC. added. Signed by Magistrate Judge Mark J. Dinsmore on 9/19/2019 (dist made) (CBU) (Entered: 09/20/2019) (2)
Sep 18, 2019 7 Submission of Exhibit A Bernard Certification to the Motion for David L. Bernard to Appear Pro Hac Vice [Document #4), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL, INC.. (Barron, Jeff) (Entered: 09/18/2019) (2)
Sep 18, 2019 8 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (REO) (Entered: 09/18/2019) (1)
Sep 17, 2019 2 CIVIL COVER SHEET , filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL, INC.. (Barron, Jeff) (Entered: 09/17/2019) (2)
Sep 17, 2019 3 NOTICE of Appearance by Jeff M. Barron on behalf of Plaintiff CLOSURE SYSTEMS INTERNATIONAL, INC.. (Barron, Jeff) (Entered: 09/17/2019) (1)
Sep 17, 2019 4 MOTION for Attorney(s) David L. Bernard to Appear pro hac vice (Filing fee $100, receipt number 0756-5634500), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL, INC.. (Attachments: # 1 Text of Proposed Order)(Barron, Jeff) (Entered: 09/17/2019) (0)
Sep 17, 2019 5 MOTION for Attorney(s) Daniel H. Shulman to Appear pro hac vice (Filing fee $100, receipt number 0756-5634513), filed by Plaintiff CLOSURE SYSTEMS INTERNATIONAL, INC.. (Attachments: # 1 Exhibit A - Certification, # 2 Text of Proposed Order)(Barron, Jeff) (Entered: 09/17/2019) (0)
Sep 17, 2019 6 Corporate Disclosure Statement by CLOSURE SYSTEMS INTERNATIONAL, INC. identifying Corporate Parent Reynolds Group Holdings, Inc. for CLOSURE SYSTEMS INTERNATIONAL, INC... (Barron, Jeff) (Entered: 09/17/2019) (3)
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